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Home My WebLink AboutMINUTES Town Board 2013-12-10Town of Estes Park, Larimer County, Colorado, December 10, 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 10th day of December, 2013. Present: Also Present: Absent: Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Ron Norris John Phipps Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk William C. Pinkham, Mayor Wendy Koenig, Trustee Mayor Pro Tem Blackhurst called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PRESENTATION. Peter Vanderveen/Lions Club President presented the Town with the annual rent for the concession stand at the fairgrounds. PUBLIC COMMENTS. Steve Barlow/Town citizen commented the downtown bypass would have a negative effect on the businesses as well as the proposed parking structure at the Visitor Center. He recommended the Town focus on increasing parking downtown and focus on the businesses downtown. TOWN BOARD COMMENTS Trustee Norris provided the Board a review of the recent Visit Estes Park (LMD) Board meeting, including the adoption of their 2014 budget, awarded a Northern Colorado Community Grant of $72,000, awaiting notice for the EDC grant, update from RMNP on the 100th Anniversary of the Park, and developed a committee to begin the search for a new Executive Director. Trustee Ericson stated the Community Development/Community Services Committee meeting for December has been cancelled. The Transportation Advisory Committee would meet on Wednesday, December 18, 2013. Mayor Pro Tem Blackhurst commented the Estes Park Housing Authority would hold its regular meeting on Wednesday, December 11, 2013 in the Visitor Center meeting room. The Public Safety, Utilities, and Public Works Committee for December has been cancelled. TOWN ADMINISTRATOR REPORT • Sales tax for October was down 18% compared to the projected decrease of 50% because the roads were still closed to Estes Park. The numbers are encouraging and suggest the economy may come back sooner than expected. • The Intergovernmental Agreement to repair Fish Creek Road has been pulled from the agenda as minor concerns continue to be addressed by some of the partners. • Community Foundation of Colorado has awarded the Town with a $50,000 grant and a $94,000 grant from the Colorado Water Conservation Board to complete a Master Plan for Fall River corridor repairs. Applications have been submitted for Fish Creek corridor. The development of the Master Plan would address the design Board of Trustees — December 10, 2013 — Page 2 and hydrology of the repairs. A number of repairs are on private property; therefore, repairs need to be coordinated with the individual owners. • A Long Term Recovery group has been formed to help with individual assistance for gap needs that other assistance was not able to provide. The Co -Chairs for the group are Stephanie Wittfield and Chris Moody. • The Community Development department held a public meeting to discuss river restoration and stabilization with a number of federal and state agencies present. The discussion focused around the development of coalitions and available funding for the work to be completed. A considerable percentage of the work to be completed would be the responsibility of the private property owners; however, the Town would be a partner and a catalyst for moving the repairs forward. The Town does not have the authority to complete work on private property. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 26, 2013, and Town Board Study Session Minutes dated November 26, 2013. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services Committee — November 21, 2013. 4. Estes Valley Board of Adjustment Minutes dated November 5, 2013. (acknowledgement only). 5. Intergovernmental Agreement with Estes Valley Public Library District for Town Services. 6. Intergovernmental Agreement with Estes Park Local Marketing District. 7. Resolution #39-13 Terminating the Town Administrator's Authority to Enter into certain Intergovernmental and/or Mutual Aid Agreements for Recovery from the Flood. Trustee Ericson requested Consent Agenda Item 6 be removed and discussed as an Action Item. It was moved and seconded (Elrod/Phipps) to approve the Consent Agenda Items 1-5 and 7, and it passed unanimously. Action Item — Consent Item #6 Intergovernmental Agreement with Estes Park Local Marketing District. Trustee Ericson questioned the inclusion of the Destination Leadership in the agreement as it was his understanding the group had disbanded. He also questioned why the use of the Museum's collection has been limited to those items prior to January 1, 2010. He would like to see any useful material owned by the Town made available to the LMD for use in marketing and advertising of the Town. It was moved and seconded (Norris/Phipps) to approve the Consent Agenda Item 6, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEM: A. PRELIMINARY SUBDIVISION PLAT, Mountain River Townhomes, Metes & Bounds parcel, 650 Moraine Avenue; Dallman Construction/Applicant. Senior Planner Shirk stated the application was for a preliminary subdivision plat to allow the development of 26 freestanding residential/accommodation units. The 1930s cabins onsite are unoccupied and the utilities have been abandoned. The property is Board of Trustees — December 10, 2013 — Page 3 zoned "A" Accommodations and the proposed use is allowed in the zoning district. The development would provide for the extension of the Park River Place on the east side of the property. The Estes Valley Planning Commission recommended approval of the plat at their November 19, 2013 meeting with conditions of approval. Jeff Moreau/Applicant was present and thanked the Town and the staff for their professionalism during the process. Mayor Pro Tem Blackhurst questioned the viability of extending the trail system through the property. Planner Shirk confirmed the extension of the trail system has been acquired through the subdivision plat. It was moved and seconded (Norris/Elrod) to approve the Preliminary Subdivision Plat, Mountain River Townhomes, Metes & Bounds parcel, 650 Moraine Avenue with the conditions of approval recommended by the Estes Valley Planning Commission, and it passed unanimously. 3. ACTIONS ITEMS: 1. RESOLUTION #35-13 — 2013 SUPPLEMENTAL BUDGET APPROPRIATIONS. Finance Officer McFarland reviewed the supplemental appropriation resolution allowing a municipality to authorize additional money for a specific fund than was originally adopted for the current fiscal year. The requested supplemental appropriations address both revenue and expenditure differences from the approved 2013 budget from unanticipated events, including the recent flood. Examples include decrease revenue to the General Fund due to an decrease in sales tax revenues forecasted for September and fourth quarter of the year due to the flood and lack of access to Estes Park; Community Reinvestment Fund revenues increase in excess of $6 million with the Certificates of Participation for the Stall Barn and Multi -Purpose Event Center (MPEC) construction; Community Services Fund revenues adjusted due to a transfer from the General Fund for the start-up funds for the MPEC; revenues up for the L&P; Water revenues have been revised down; Fleet revenues are down from 2013 budget; $1 million in flood related expenditures have been added to the General Fund; additional expenditures in the L&P and Water funds due to flood recovery; and an additional $400,000 spent on approved vehicle purchases from the Vehicle Replacement Fund. It was moved and seconded (Ericson/Norris) to approve Resolution #35-13, and it passed unanimously. PUBLIC HEARING — 2014 BUDGET — ADOPTION. Mayor Pro Tem Blackhurst opened the public meeting and Finance Officer McFarland reviewed the budget adoption process and recapped the changes to the budget that were requested by the Board at the November 26, 2013 Town Board meeting including $100,000 in funding for the Local Marketing District to help fund marketing efforts due to the flood. 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 2014 the Town will receive approximately $258,004. 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 #36-13 to set the mill levy which is required in order to allow the Town to levy and collect property taxes. For 2014 the mill levy will be set at 1.822 mills, which will yield approximately $326,658 in property taxes. He said approval of Resolution #37-13 will adopt the 2014 budget, and Resolution #38-13 appropriates sums of money to execute the budget and states that revenues within each fund are sufficient to support expenditures. Board ofTrustees — December 1V.2V13—Page 4 bwas moved and seconded (Norhn8Ericoon)hyapprove Resolution #38- 3. and itpassed unanimously. Rainer Schelp/EntesValley Partners for Commerce member requested the Town funding for Visit Estes Park be conditional on the District placing emphasis on all businesses in Town and not just focusing on lodging establishments. This would include promoting the new e-commerce site for the local businesses established after the flood to promote businesses in town and hoensure business retention during the flood recovery. It was moved and secooded(Ericson/Phipps) to approve Resolution #37- 13,anditpmooedunanimouo|y. Kwas moved and seconded (Nonis/Ericnon)toapprove Resolution #3Q'13. and itpassed unanimously. 4. REPORTS AND DISCUSSION ITEMS: 1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zum informed the Board the progress of the projects has slowed down due tothe weather. The stall barn perimeter exterior main doors are being installed and the undergrounding of both the mechanical and electrical systems has begun. K8PEC structural steel framing is 80% complete and underground exterior civil site continues as weather permits. Cononab* costs have spiked since the flood, theroforo, staff has p|onod all concrete work onhold for afew months until costs come down. Director Winslow stated work continues with Johnson Consulting to market the MPEC The Town has also hired aMarketing and Sales Manager tomarket all Town owned facilities. 2. DOWNTOWN WIRELESS SERVICES. Manager Fmundorfpreoented the Board with additional information on how free public wireless downtown could be achieved. Senate Bill 05-152 does not allow the Town to provide inbannet service without a public vote; therofore, staff has identified u number nflocal providers that could provide the service, some ataminimal upstart cost. The Town could support the venture by allowing |000| intornet providers access to Town tmoi|iUen and conduit, e.g. Town bui|dingo, vuofs, power poles or light poles. Staff would request u consensus from the Board on whether or not providing free wireless downtown is a good idaa, and if nn, staff would reach out to the local businesses and present further information to the PUP Committee. Discussion followed amongst the Board with the general consensus that the Town should move forward to establish what opportunities may exist and how the Town can support the effort with the understanding that it in u private venture. Attorney White stated the Board could lease facilities Voacompany Un provide the service just aethe Town does with other companies such uscable and gas providers. Manager Fruundorf confirmed the use of the fiber network would provide revenue to the Town. Town Administrator Lancaster recommended staff engage the downtown businesses to determine their level ofsupport for the aamion before moving 0mnwend. Results would be brought back bzthe PUP Committee. 3. SQNGARDUPDATE. Manager Frnundorfprovided ankndepth overview ofthe replacement of the financial ayubam HTE to OneSo|ution beginning in 2011. The planned upgrade would have allow increased productivity and work efficiency in many oreos, including much improved business process automaUon, payroll handling, budget pneparation, and permit processing. SunGond'e offer was to reduce the annual maintenance ouota from $53.000/yemr to $26.000/yeor during the transition to OneSo|ution. The total Board of Trustees — December 10, 2013 — Page 5 cost of ownership over five years was projected to be less than continuing the same path with the existing systems. The Town has expended considerable energy in moving to the new product; however, the modules needed to run Town business are still not available. Departments such as Community Development and Administrative Services have found other software such as EnerGov for permitting and Paylocity for payroll. This left the core financial systems to be upgraded, and Finance has little motivation to change; therefore, the Town has moved away from the upgraded system to a maintenance only contract with HTE. The company has agreed that all invoices for contingencies have been voided. After analysis the Town has expended $198,533 and has received an estimated $70,000 in net value. 4. THE NEIGHBORHOOD SUBDIVISION DEED RESTRICTION UPDATE. Director Chilcott stated staff has met with developer Paul Kochevar to discuss changes to the deed restriction for the Neighorhood Subdivision. Staff has recommended the following changes: 1) Revise the deed restrictions with property owner agreement to increase the income limit from 100% of Larimer County median income to 150% as recommended by the Housing Authority and require buyer counseling; and revise the Professional Services Agreement between the Town and Housing Authority to include buyer counseling and/or verification that buyer counseling has been obtained, e.g. from a HUD certified counseling program. Originally staff and the Housing Authority also recommended including resale provisions similar to the Vista Ridge resale provisions. However, Vista Ridge is subsidized and the developer Paul Kochevar is concerned that adding these provisions to a non -subsidized program would negatively impact resale and further limit the pool of buyers. The developer, private property owners, and Town need to mutually agree on program changes. Staff would continue to meet with the developer to reach an agreement. 5. CODE COMPLIANCE REPORT. Code Enforcement Officer/Planner I Kleisler provided an update on code compliance activities previously reported at the Community Development/Community Services Committee meeting. Since March 2003, staff activities have included a number of outreach sessions, draft policies and procedures for the code compliance program, proactively addressing the highest community priorities, and establish a database for tracking code cases. If possible, staff strives to resolve code compliance matters prior to taking any enforcement actions. There are generally three enforcement steps taken when a resolution is not reached in a timely matter: 1) Notice of Request: a letter allowing property owners and/or tenants 15 days to come into compliance; 2) Notice of Violation: notice sent via certified mail stating the alleged violation, along with applicable evidence. Such notices may be appealed through a Colorado court of competent jurisdiction; and 3) Summons to Municipal Court: states the alleged violation and court date. From July through October, the Community Development Department issued 40 letters of request and 23 notices of violation. Two (2) summonses to Municipal Court were issued: one for screening of a trash receptacle along Big Thompson Avenue, and another for screening of equipment and vehicles along Moraine Avenue. Staff has taken proactive steps to ensure that vacation home rentals are licensed with the Town and operated in a manner consistent with applicable codes. Staff has reviewed online listings of vacation home rentals and has begun making contact with those not licensed with the Town or not in compliance with Town codes. Approximately 50 non -complaint vacation home rentals have been identified. 6. DELAY TO MASTER PLAN FOR THE WATER DEPARTMENT. Director Bergsten informed the Board of a delay in awarding the Water Master Plan in 2013. Staff recommends rolling over the funds to fund balance and amend the 2014 budget to include the expenditure. The delay would allow additional time Board of Trustees — December 10, 2013 — Page 6 to discuss the Master Plan approach with each of the three pre -qualified engineering firms. Whereupon Mayor Pro Tem Blackhurst adjourned the meeting at 8:43 p.m. (, Eric Blackhurst, Mayor Pro Tem Jak! Williamson, Town Clerk s., ,