HomeMy WebLinkAboutMINUTES Town Board 2017-04-25Town of Estes Park, Larimer County, Colorado, April 25, 2017
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 25th day of April, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 6:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Martchink) to enter Executive Session for
discussion of a personnel matter per Section 24-6-402(4)(f), C.R.S. and not
involving any specific employees who have requested discussion of the matter in
open session; any member of the Town Board (or body); the appointment of any
person to fill an office of the Town Board (or body); or personnel policies that do
not require discussion of matters personal to particular employees — Town
Administrator Annual Review, and it passed unanimously.
The Board entered Executive Session at 6:03 p.m. and concluded at 6:45 p.m.
Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Walker/Holcomb) to approve the Agenda as
presented, and it passed unanimously.
PUBLIC COMMENTS.
Michelle Hiland/Town citizen spoke to the importance of transparency among the Board
members and the public, and the need to utilize "confidential" and "private" in the
subject line of Board emails appropriately. She expressed concern that Board members
were submitting comments through email regarding the qualifications of Local Marketing
District Board applicants prior to the Interview Committee presenting their
recommendation to the full Board.
David Batey/County citizen presented an overview of the Colorado legislative attempt to
undermine municipal efforts to provide broadband to their communities. The Rural
Broadband bill would eliminate the freedom of choice that 92% of Estes Park citizens
voted in favor of in 2015. He encouraged the Board and citizens to lobby their
legislatures against the passage of the bill.
Kent Smith/Town citizen stated he has written letter to his legislatures regarding the
proposed bill and would recommend the Town send letters as well and address the
funds already spent toward providing local broadband.
Board of Trustees — April 25, 2017 — Page 2
Joel Holtzman/Town citizen stated the Town of Estes Park was listed in Money
Magazine as number two for value to the visitor.
Art MessallTown citizen reiterated the statements made by Michelle Hiland. He stated
the comments made by some of the Board members was inappropriate and due
process for those that applied to the Local Marketing Board should have been allowed
to run its course.
TRUSTEE COMMENTS.
Trustee Martchink commented the Mountain Festival would be held on April 28 and 29,
2017 at the Event Center. The Parks Advisory Board heard a proposal for a WWII
monument at their recent meeting. The utility box decoration project continues to move
forward.
Trustee Norris stated the League of Women Voters annual recycle meeting would be
held on April 26, 2017. The Estes Valley Planning Commission held a special meeting
April 21, 2017 to review the occupancy of vacation homes with nine or more occupancy
and approved ten applications. At the Commission's regular study session on April 18,
2017 discussion continued on the proposed code amendments to allow a height
increase over 30 feet. The newly formed Family Advisory Board would hold its first
meeting on May 3, 2017.
Trustee Walker thanked Laura's Fudge for the ice cream contest held with the fourth
grade class.
Mayor Jirsa attended the RTA meeting where ongoing questions regarding the future of
the program were discussed. At the onset, the projects were asked to fund the
operations of the RTA. The question remains if TIFF increment would be available to
fund RTA before the original funds are depleted.
Mayor Pro Tenn Koenig announced the next Sister Cities meeting would be held on April
28, 2017. The organization would develop a survey to aid in the development of a
strategic plan. A recognition party for Weld and Larimer County residents over 100
years old would be held in Greeley in the next few weeks.
Trustee Nelson invited the public to attend and provide input at the upcoming Downtown
Visioning Plan public events to be held on April 26 and 27 2017 at the Rodeway Inn.
Trustee Holcomb thanked the dispatch and paramedic professionals for their service to
the community and for their professionalism. He commented that since electing to
make his emails public, he has not received the same level of public comment,
therefore, he has elected to remove his email from the Town's website.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster provided several updates:
• The Broadband bill discussed has not been introduced as of the meeting.
• Staff and the Estes Park Housing Authority met to discuss concerns the Planning
Commission has related to the regulation of workforce housing and how the
regulations would be enforced.
• Governance Policy Report — 3.3 Strategic Planning and 3.7 Emergency
Management. He reported partial compliance with 3.3.6. because the budget
contingency plan remains in development; however, it would be ready for review by
the Board at the next meeting.
• Update on Noise Ordinance — Staff proposed coming back to the Board in
September after the summer season to report on the effectiveness of the new
Ordinance.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 11, 2017 and Town Board Study Session
dated April 11, 2017.
Board of Trustees — April 25, 2017 — Page 3
2. Bills.
3. Estes Valley Board of Appeals Minutes dated March 2, 2017
(acknowledgement only).
4. Estes Valley Planning Commission Minutes dated March 21, 2017
(acknowledgement only).
5. Transportation Advisory Board Minutes dated March 15, 2017
(acknowledgement only).
6. Parks Advisory Board Minutes dated March 17, 2017 (acknowledgement
only).
7. Acceptance of Town Administrator Policy Governance Monitoring Report.
8. 2017 Street Overlay Program Contract, The Perfect Patch Asphalt Company,
Inc. for $358,133.59 — Budgeted.
It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. NEW BEER & WINE LIQUOR LICENSE FILED BY ELK MEADOWS RV
ESSENTIAL GROUP LLC DBA ELK MEADOWS LODGE & RV RESORT,
1665 HIGHWAY 66, ESTES PARK, CO 80517. Mayor Jirsa opened the public
hearing. Town Clerk Williamson reviewed the application for the new Beer &
Wine liquor license, stating all paperwork and fees have been submitted. The
location was previously licensed by the applicant prior to the Lazy B in 2016
with a Beer & Wine license. A temporary use permit was issued for the
location to allow the liquor license. The Mayor closed the public hearing. It
was moved and seconded (Holcomb/Koenig) to approve the Beer & Wine
Liquor License Application for Elk Meadows RV Essential Group LLC
dba Elk Meadows Lodge & RV Resort, 1665 Highway 66, and it passed
unanimously.
2. TRANSFER OF A 3.2% ON/OFF BEER LIQUOR LICENSE FILED BY HSE3
LLC DBA TINY TOWN EAGLE STOP, 860 MORAINE AVENUE, ESTES
PARK, CO 80517. Town Clerk Williamson presented the application to
transfer the license to the new owners. All required paperwork and fees were
submitted and a temporary was issued on March 30, 2017. TIPS training has
not been confirmed as of the date of the meeting. It was moved and
seconded (Holcomb/Norris) to approve the Transfer of Ownership from
Tiny Town Texaco, Inc. dba Tiny Town 1 Stop to HSE3 LLC dba Tiny
Town Eagle Stop, 860 Moraine Avenue, 3.2% Beer On/Off Premise Liquor
License, and it passed unanimously.
PLANNING COMMISSION ITEMS.
1. ACTION ITEMS:
A. PRELIMINARY CONDOMINIUM MAP, VIEW A 242; METES & BOUNDS
PARCEL, 242 VIRGINIA DRIVE. Director Hunt stated the applicant has
requested continuance of the item to the May 23, 2017 meeting. The
applicant is requesting a development of the RM-Multi-family residential
property to provide ten units in three buildings with six market rate and four
proposed attainable units.
Dan Timbrell/Town citizen stated the proposed development would
negatively impact his property value by eliminating the views from his
Board of Trustees — April 25, 2017 — Page 4
home. He requested the Board consider the impact and the protection of
the residents in the area.
It was moved and seconded (Norris/Holcomb) to continue the item to
the May 23, 2017 Town Board meeting per the applicant's request, and
it passed unanimously.
4. ACTION ITEMS:
1. FUNDING REQUEST FOR CHILDCARE STUDY.
Michael Moon and Charley Dickey/EDC Childcare Committee member
requested funding to conduct a childcare study to assess the need and
ultimately address the problem. The Committee estimated the cost of the
assessment at $40,000 and has received $30,000 in funding from the Estes
Park Economic Development Council, Estes Valley Investment in Childhood
Success, Estes Valley Partners for Commerce, YMCA, Estes Area Lodging
Association and the Estes Park School District.
Board comments were heard and summarized: The Town has a process for
considering outside budget requests during the budget process, but funds can
be made available for emergency or unexpected items; the Committee has
reached out to community partners to help fund this critical community issue;
the item fits with the Town's strategic plan; and what other items can the Town
support and include in the study.
Art Messal/Town citizen commented the Local Marketing District should fund
activities and studies such as the childcare needs assessment to help the
businesses and organizations in the community.
Kent Smith/Town citizen stated he has been impressed with the progress the
Committee has made and how they have involved the community.
It was moved and seconded (Norris/Holcomb) to approve $5,000 from the
General Fund for the Childcare Needs Assessment, and it passed
unanimously.
2. MACGREGOR AVENUE IMPROVEMENTS CONTRACT.
Engineer Stallworth stated the proposed project would provide improvements to
the MacGregor Avenue at the intersection of Wonderview Avenue and continue
north for approximately half mile. The improvements would include two-lane
roadway reconstruction; an eight -foot -wide pedestrian walk/trail on the east
side of the roadway; pedestrian activated rapid flash beacons, raised concrete
islands and tree trimming; and drainage improvements. Public Works received
two bids from SEMA Construction and Mountain Constructors which were
within 2% of each other. After review of the bids and reference checks, staff
recommended awarding the contract to Mountain Constructors at a cost of
$1,259,317. The project would be approximately 26% over the proposed $1
million presented to the Town Board during the 2017 Street Improvement
Program presentation. The project would repair a section of roadway, complete
a needed trail extension identified in the Estes Valley Master Trail Plan, and
improve drainage along the MacGregor Avenue public right-of-way. Staff
recommended a 7% contingency of $90,683 for the project. The project would
be funded with $250,000 from the 1A Trail fund and $300,000 from the Open
Lands fund to construct the trail. An additional $800,000 from the 1A Street
Improvement fund would be needed to complete the project ($64,000 from Dry
Gulch Road project unspent funds, $705,670 unreserved fund balance, and
$30,330 from Black Canyon Inn for deferred development costs). After further
discussion, it was moved and seconded (Holcomb/Norris) to authorize the
Mayor to sign a construction contract with Mountain Constructors for the
MacGregor Avenue Improvements project in the amount of $1,259,317.
Public Works staff is authorized to spend an additional 7% contingency of
Board of Trustees — April 25, 2017 — Page 5
$90,683 if needed for unanticipated changes encountered during
construction, and it passed unanimously.
3. RESOLUTION #12-17 - 2017 SUPPLEMENTAL BUDGET
APPROPRIATIONS.
Director Hudson presented supplemental budget appropriations to the 2017
budget to address needed funding for the MacGregor Avenue Improvement
project, the system design and construction project for the Park Entrance
Mutual Pipeline and Water Company (PEMPWCo), and the acquisition of
second source raw water rights in the Big Thompson River. The Town received
offsetting revenues for the projects: $30,330 from Black Canyon Inn for
MacGregor Avenue, US Department of Agriculture (USDA) loan for $658,000,
and an accompanying grant of $529,000 from USDA for the water project. The
Street fund expenditures would increase by $736,000 and the Water fund
expenditures would increase by $1,287,000. It was moved and seconded
(Koenig/Holcomb) to approve Resolution #12-17 appropriating additional
sums of money for the budget year ending December 31, 2017, and it
passed unanimously.
4. LOCAL MARKETING DISTRICT BOARD APPOINTMENT.
Town Clerk Williamson stated Karen Ericson resigned from the Local Marketing
District (LMD) on March 13, 2017 because she moved outside of the district
boundaries. The Board position was advertised and five applications were
received; however, one applicant did not meet the requirements for
appointment. Interviews were held by Mayor Jirsa and Trustee Walker. Steve
Krueger of the LMD Board was present during the interviews. The interview
team recommended the appointment of Sean Jurgens to complete the term of
Karen Ericson beginning May 1, 2017 and expiring on December 31, 2018.
Michelle Hiland/Town citizen stated the appointment of Sean Jurgens would be
a clear conflict of interest because he and a number of the other LMD Board
serve on the Board of the Estes Area Lodging Association (EALA). The LMD
provides marketing to the EALA members. She requested Elizabeth
Fogarty/CEO and President of Visit Estes Park and the Visit Estes Park/LMD
Board members resign from the EALA Board or from the LMD.
Art Messal/Town citizen commented on the inappropriate lobbying from Michael
BodmanNisit Estes Park employee to appoint a Board member to the LMD
Board and in effect select his boss' boss. The LMD continues to be an
ineffective board with an ineffective CEO.
It was moved and seconded (Walker/Jirsa) to approve the appointment of
Sean Jurgens to complete Karen Ericson's term expiring on December 31,
2018, and it passed unanimously.
5. REPORT AND DISCUSSION ITEMS:
1. AMENDMENTS TO THE 2015 INTERNATIONAL RESIDENTIAL CODE
RELATING TO DWELLINGS, VACATION HOMES AND SMALL HOTELS.
Chief Building Official Birchfield commented the Board Appeals facilitated two
public meetings to review the proposed amendments to the 2015 International
Building Code local amendments based on the direction received by the Town
Board. Staff facilitated additional meetings with stakeholders to develop
informed consent among the stakeholders, including other regulatory
agencies. Larimer County Building has placed their code amendments on
hold until the Town has taken action on the amendments in an effort to align
the two agencies. The amendments would address local concerns related to
vacation homes, sprinkler requirements, accessibility requirements and life
safety surveys for vacation homes. The public hearing on the amendments
would be held during the May 9, 2017 Town Board meeting.
Board ofTrustees — April 25, 2V17—Page 6
2. RESULTS OF THE 2018 BUILDING CODE EFFECTIVENESS GRADING
SCHEDULE SURVEY CONDUCTED BY THE INSURANCE SERVICES
OFFICE (ISO). Chief Building 0ffioie| Birdhfie|d stated the Building division
recently participated in a voluntary survey by ISO to assess the building codes
in effect and the community enforcement of the oodon, with u special
emphasis on mitigation oflosses from natural hazards. The Building Code
Effectiveness Grading Classifications range from a ten being the worst and
one being exemplary. The Town received a three for residential properties
and etwo for commercial properties. The residential rating would have been a
two if the Town required sprinklers. Communities with well enfoncod, current
codes should demonstrate better loss experience and lower insurance rates.
3. PENDING STATE BROADBAND LEGISLATION.
As the bill has not been praeented, staff had no update to present to the
Board.
6. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Nelson/Koenig) to enter Executive Session for
discussion of a personnel matter per Section 24-6-402NU(f). C.R.G. and not
involving any specific employees who have requested discussion of the
matter in open session; any member of the Town Board (or body); the
appointment of any person to fill an office of the Town Board (or body); or
personnel policies that do not require discussion of matters personal to
particular employees — Town Attorney and Municipal Judge Annual Reviews,
and iLpassed unanimously.
Whereupon Mayor Jima adjourned the mooting at 9:03 p.m. to enter into Executive
Session.
Mayor Jirsareconvened the meeting toopen session at9:35p.m.
Whereupon Mayor Jimoadjourned the meeting at 917 p.m.
Ja
Williamson, Town Clerk
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