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HomeMy WebLinkAboutMINUTES Town Board 2013-07-23Town of Estes Park, Larimer County, Colorado, July 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 July, 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 Cynthia Deats, Deputy 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. PROCLAMATION — "Estes Park United Campaign" — July -September, 2013. Mayor Pinkham read a proclamation designating July through September 2013 as the timeframe for the Estes Park United Campaign." Chuck Levine and Gordon Thibedeau, representing United Way, explained that the campaign is unique with 100% of the funds donated during the 2013 campaign remaining in the Estes Park community for the benefit of the Estes Valley Investment in Childhood Success (EVICS), the Learning Center, and the Estes Park Kids Cafe. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson said the Community Development/Community Services Committee meeting will be held on Thursday, July 25th at 8 a.m. in the Town Board Room. He also noted that sales tax through May is $75,000 ahead of budget. Trustee Phipps reported that applications for Larimer County Open Lands grants are now being accepted. The grants (up to $2000 each) are available to both individuals and organizations. Application deadline is September 6, 2013. Mayor Pro Tem Blackhurst reported that the Town participated in the America in Bloom program for the first time this summer. Two America in Bloom judges visited Estes Park to evaluate horticulture, forestry and beautification efforts within the community. A written report of their findings will be available in September. Mayor Pro Tem Blackhurst said staff did an exemplary job representing the community and recognized Keri Kelly, Russ Franklin, Brian Berg, Tanya Ziegler, Meghan Lindeman, seasonal staff, Kate Rusch, and Derek Fortini for their efforts. Trustee Koenig said the Sister Cities meeting is scheduled to be held on Wednesday, July 24th at 8 a.m., and congratulated staff on an outstanding Rooftop Rodeo Week. She reported that her cousin, Kris Koenig, makes documentaries and invited the community to attend the showing of "Assaulted: Our Civil Rights" that will be shown at the conference center at 3:30 p.m. on Sunday, August 18, 2013. Another documentary of Mr. Koenig's, "400 Years of the Telescope", has been aired on public television. Board of Trustees — July 23, 2013 — Page 2 Trustee Elrod reported that items from the July 16th Estes Valley Planning Commission meeting have been continued to allow time for the review of additional information prior to a recommendation being made by the commissioners. He noted that the modernization of the Comprehensive Plan is continuing. The public can follow the progress of this project by visiting www.estes.orq/comprehensiveplan. Mayor Pinkham thanked Mayor Pro Tem Blackhurst for filling in for him while he was out of town on vacation. TOWN ADMINISTRATOR REPORT. 1 Town Administrator Lancaster will continue as the Town's representative on the CML Policy Committee. CML is soliciting input on policy agenda items to be brought up to the legislature next year. Policy agenda items should be forwarded to Administrator Lancaster so that legislative needs or concerns of the Town of Estes Park can be submitted. 2. The Ethics, Liability and Best Practices Handbook for Elected Officials was provided to the Town Board by CIRSA. Town Administrator Lancaster noted that staff and the Board take their responsibilities of providing services to the citizens of Estes Park seriously. 3. Regarding the community center feasibility study being done by the Estes Valley Recreation and Park District (EVRPD), a firm has been selected to do the study with results of the study expected in November 2013. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated July 9, 2013, and Town Board Minutes dated July 9, 2013. 2. Bills. 3. Committee Minutes — None. 4. Estes Valley Planning Commission Minutes dated June 18, 2013 (acknowledgement only.) It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. PUBLIC INFORMATION OFFICE UPDATE. Highlights of Public Information Officer (PIO) Rusch's report included the hiring of Suzanna Simpson to assist Administration staff, manage the Administration office, and to assist in providing backup related to PIO duties. Work continues on policies related to social media, customer service, website and public information; in addition to facilitation of the Bear Task Force, and the distribution of information about the Pro Challenge bicycling race that will be taking place in Estes Park on August 24th. Accessibility issues will be the topic of discussion when the U.S. State Department's African Disability Issues Delegation visits Estes Park and Rocky Mountain National Park on Monday, July 29th. Website visits continue to increase, the Payport online payment system will be expanding, and the next Bugle is scheduled to be published and mailed this fall. Staff is researching options related to replacing the printed Bugle with an electronic newsletter. 2. MULTI -PURPOSE EVENT CENTER (MPEC) & STALL BARN CONSTRUCTION UPDATE. The stall barn foundation and the underground plumbing in the bathroom areas have been completed and backfilled with the erection of steel expected by the end of July. Excavation for the MPEC foundation is underway, however, bedrock has been encountered. At this time instead of blasting, a caterpillar is Board of Trustees — July 23, 2013 — Page 3 being used to rip the rock out of the foundation area. Dir. Zurn said a delay of up to two weeks and an estimated additional cost of less than $20,000 can be expected in order to resolve the issues with the bedrock. Work continues on shop drawings, with a focus on the heating, ventilating, and air conditioning systems; and bids for the civil site work are being solicited. He reported that an underdrain was added to the project to deal with shallow ground water in the area. Dir. Zurn said a tour of the site and a ceremony for topping out the last piece of steel on the stall barn will be announced soon. Dir. Winslow stated that the project is being photographically documented, with photos taken up to several times a day from different vantage points on the fairgrounds property. Assistant Town Administrator Richardson said that Johnson Consulting has provided a recommendation for a marketing plan which includes both the MPEC and the conference center, and will be providing a draft business operating plan for the MPEC based on the original pro forma. A request for proposal (RFP) will be issued to retain the services of a marketing and sales consultant and hiring is expected to occur within the next several months. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #3, Stone Bridge Estates Condominiums, 1155 & 1157 Fish Creek Road, Stone Bridge Estates, LLC & Hanson Holdings, LLC/Applicants. B. FINAL SUBDIVISION PLAT, Stone Bridge Estates, 1125-1195 Fish Creek Road, Conversion of condominiums to townhomes, Stone Bridge Estates, LLC & Hanson Holdings, LLC/Applicants. C. REZONING, Rezoning from CH — Commercial Heavy with restrictions to CH — Commercial Heavy with no restrictions, Tract 2 Hillery Parrack, 1789 Wildfire Road, Wildfire Development LLC/Applicant. Item continued to September 24, 2013. It was moved and seconded (Blackhurst/Norris) the Planning Commission Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: • Mayor — Open Public Hearing • Staff Report • Public Testimony • Mayor — Close Public Hearing • Motion to Approve/Deny. A. DEVELOPMENT CODE WAIVER, Section 4.3.C.3 Maximum Number of Principal Uses Permitted Per Lot or Development Parcel, Lot 45 The Reserve 15t Filing, Bradley and Cynthia Buggs/Applicants. Planner Shirk said that the applicant is requesting a waiver of Estes Valley Development Code (EVDC) regulations to allow a second dwelling to be built on Lot 45 in The Reserve. Lot 45, which is approximately 8 acres in size, currently contains an historic structure that was built in the 1890s. It is the applicant's desire to build a new, modern home on the same lot while maintaining the historic structure for summer guests. The EVDC allows only one house per single-family lot. The Code does not provide guidelines for waivers, however, it does include guidelines for approval of modifications to development standards when the modification has been determined to lessen visual impact, provide more effective environmental or open space preservation, or relieves practical difficulties in developing a site. Planner Shirk Board of Trustees — July 23, 2013 — Page 4 said that the owner would have the option of subdividing the property, however, the owner is not interested in selling the land. He noted that building a second residence on the lot would result in far less density than subdividing the property. At their meeting on June 18, 2013, the Estes Valley Planning Commission voted unanimously to recommend disapproval of the waiver request, noting the Town Board's decision against allowing detached accessory dwelling units (ADU). Discussion is summarized: the property is not included on the historic registry; the owner could elect to split the lot into two lots; property would likely not qualify for a minor subdivision procedure; the historic structure is not suitable for year 'round occupancy; building code issues would be encountered if adding on to the historic structure; the Planning Commission is tasked with upholding the EVDC; and options other than a waiver to the development code exist for the property owner. Cindy Bugg, Town resident and applicant, said since the historic structure is not winterized, she and her husband want to build a second home on the property as their retirement home. She stated that neighbors in Stanley Heights and the Reserve do not want to see the property subdivided. Janet and Randall Maharry, County residents, both supported allowing a second home to be built on the property, spoke to the importance of preserving our history, and suggested the Board look at the property before making a decision. Mayor Pro Tem Blackhurst said that the property in question was developed in the 1990s as part of The Reserve and purchased by the owners with the existing structures. He noted that there are options available to the owner and concurred with the Planning Commission's recommendation to uphold the Code and disapprove the waiver. Trustee Norris questioned whether the property could be subdivided and a conservation easement granted for a portion of the property. Planner Shirk said that the Estes Valley Land Trust was not interested in a conservation easement on the property. Randall Maharry, County resident, said since this matter involves real estate, any Board member(s) who is involved in the real estate business should not vote on this matter. Mayor Pro Tem Blackhurst said he has no personal or financial interest in this property, but said he would recuse himself from voting on the matter. It was moved and seconded (Elrod/Phipps) in light of the Planning Commission's decision, to deny the request to allow a second principal structure on Reserve Lot #45, and it passed unanimously with Mayor Pro Tem Blackhurst abstaining from the vote. 4. ACTION ITEMS: 1. NAMING OF GEORGE HIX MEMORIAL. The Hix family is requesting that the Board consider renaming Riverside Plaza, George Hix Riverside Plaza, in recognition of the life and community service of George Hix. In conjunction with the renaming, the family is offering to contribute a minimum of $25,000 towards the commission of a bronze sculpture, or other artwork, to be displayed in the plaza. At a previous meeting, the Town Board asked staff to gather public comment on the renaming of Riverside Plaza and the comments are included in the meeting packet materials. Trustee Norris said he applauds the idea of recognizing Mr. Hix and noted that the public comment on the topic is mixed. He said the Town does not have a policy in place to deal with accepting artwork and said he would prefer to have a policy in place prior to accepting a donation of this magnitude. It was moved and seconded (Norris/Elrod) to table the item until a policy is approved by the Board. Discussion ensued and is summarized: this topic has been talked about at the PUP Committee meeting and at Town Board, it is Board of Trustees — July 23, 2013 — Page 5 time to make a decision as a Board and provide the Hix family with a decision; the Board has directed staff to develop a policy related to artwork donated to the Town; the policy is currently on the back burner but could be moved ahead in the queue; a policy is not necessary in order to make a decision; and make a decision as to whether the agreement is acceptable and move forward. Trustee Ericson said that historically first names have not been attached to public property; however, Trustee Elrod cited the Robert Dekker L&P Building as an example of a first name being included in the name of a public building. Trustee Phipps said a policy for naming such things as parks is needed. Harry Hutcherson, Town resident, and Gary Klaphake, Lafayette, Colorado resident and former Estes Park Town Administrator, spoke in favor of the renaming of Riverside Plaza based on Mr. Hix's contributions, community service, and philanthropic activities in the community. A substitute motion was offered. It was moved and seconded (Koenig/Blackhurst) to approve renaming Riverside Plaza to George Hix Riverside Plaza and accepting the Memorandum of Understanding (MOU), and it passed. Those voting "Yes" Mayor Pro Tem Blackhurst, Trustees Ericson, Koenig, and Phipps. Those voting "No" Trustees Elrod and Norris. 2. ORDINANCE #10-13 AMENDING THE MUNICIPAL CODE RELATED TO OPEN BURNING. The Estes Valley Fire Protection District (EVFPD) is responsible for the administration and regulation of open burning within the town limits of Estes Park. In order to eliminate duplication of efforts, Ordinance #10-13 amends the Town of Estes Park Municipal Code to clarify the responsibilities of the EVFPD with regard to administration and enforcement of open burning in the Town, including fire bans. The amendment deletes repetitive references and out-of- date standards, and conforms to the International Fire Code. EVFPD does not have enforcement powers, therefore, enforcement of this ordinance is the responsibility of the Estes Park Police Department. Attorney White read Ordinance #10-13 into the record. It was moved and seconded (Norris/Koenig) to approve Ordinance #10-13, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meting at 8 51, p Cynthia Deats, Deputy Town Clerk