HomeMy WebLinkAboutMINUTES Town Board 2016-04-12Town of Estes Park, Larimer County, Colorado, April 12, 2016
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 12th day of April 2016.
Present:
Also Present:
William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis Machalek, 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.
Mayor Pinkham presented Proclamations recognizing the 28th Anniversary of the Duck
Race, Month of the Young Child, Parks Prescription day April 24, 2016 and Parkinson's
Awareness Month.
PUBLIC COMMENTS.
John Meissner/Town citizen invited the Board to a celebration of Jean Weaver's 88th
birthday.
Charley Dickey/Town citizen thanked staff for updating the Surprise Sidewalk Sale
Resolution to include the extended hours and sandwich boards. He also thanked staff
for their support in producing this year's event poster.
TRUSTEE COMMENTS.
Trustee Norris stated the sales tax receipts are up 25% to date compared to 15% in
2015. He informed the public the Army Corp of Engineers would visit downtown
properties during the week of May 9th to provide free flood risk assessments to the
properties to identify potential measures for reducing future flood damages. A meeting
on May 9th would provide additional flood risk and flood damage prevention.
Trustee Phipps commented the next Planning Commission meeting would be held on
April 19th
Trustee Ericson expressed his appreciation for the letter from Community Development
on the Army Corp of Engineers visit and action being taken to prevent future flood
damage downtown. He also thanked the Fire District for the recent visit by staff to
assess his downtown store for fire safety. The Transportation Advisory Board would
meet on April 20th to continue discussion on their action plan.
TOWN ADMINISTRATOR REPORT.
Governance Policy Report — 3.3 Strategic Planning and 3.7 Emergency
Management. He reported partial compliance with 3.7.2 because the business
continuity plan has been completed, but has not been fully reviewed and adopted.
Broadband Grant — The Town received an Energy and Mineral Impact Assistance
grant from DOLA for the broadband project in the amount of $1.4 million. The
funding was increased with help from LETA to secure additional funds to place a
second line down Hwy 7, providing a redundant fiber route. PRPA would spend an
Board of Trustees — April 12, 2016 — Page 2
additional $4 million to run a second line up Hwy 34 and Hwy 43 to prevent
communication outages for the Town in the future.
Vacation Homes — The regulates adopted by the Town Board and the County
Commissioners at their March 30th meeting were in conflict, therefore, there have
effectively been no changes to vacation rental regulations in the Estes Valley
Development Code. The two Boards were willing to reconvene to discuss the issue
before the terms of the current Town Board ended on April 26th; however, the need
for a 15-day public notice could not be met. The discussion would be delayed until
the new Board has the opportunity to become fully informed on the topic.
- The Town received the final $650,000 from Grand Heritage for the purchase of Lot
4, Stanley Historic District.
- A public reception would be held at the Visitor Center on April 14th for the
Community Development Director candidates.
He acknowledged Finance Director Steve McFarland for his years of service as the
Town Finance Officer and wished him well in his new position with the City of
Layfette.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 22, 2016 and Town Board Study Session
March 22, 2016.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services Committee, March 24,
2016.
4. Estes Valley Board of Adjustment Minutes dated March 16, 2016
(acknowledgement only).
5. Resolution #09-16 "Surprise Sidewalk Sale Days — May 7 - 8, 2016".
6. Appointment of Daniel C. Muffly as independent hearing officer — personnel
matter.
7. Approval of Representation Agreement with Kissinger and Feldman P.C. for
legal services — Fiber and Broadband.
Attorney David Herrera requested the removal of Consent Item 6 and Trustee
Phipps requested the removal of Consent Item 7. It was moved and seconded
(Koenig/Holcomb) to approve the Consent Agenda Items 1-5, and it passed
unanimously.
Consent Item 6 — Appointment of Daniel C. Muffly as independent hearing
officer — personnel matter: Attorney Herrara requested the Board appoint a
neutral independent hearing officer for his client and presented the resume of
Monica Plak for the Board's consideration. He further commented Attorney Muffly
has served as an independent hearing officer in other cases for the Town and has
ruled in favor of the Town in each case. After further discussion, it was moved and
seconded (Norris/Koenig) to continue the item to the April 26, 2016 meeting,
and it passed with Trustees Ericson and Nelson voting "No".
Consent Item 7 — Approval of Representation Agreement with Kissinger and
Feldman P.C. for legal services — Fiber and Broadband: Trustee Phipps stated
concern the agreement would be premature as the Town has not received the grant
funding and begun work on the Broadband issue. Attorney White stated the legal
counsel would work on contractual issues with WAPPA as it relates to fiber which
must be addressed immediately. It was moved and seconded (Koenig/Ericson) to
approve Consent Agenda Item #7, and it passed unanimously.
Board of Trustees — April 12, 2016 — Page 3
2. LIQUOR ITEMS:
1. RENEWAL LICENSE — GALEX LLC., DBA CHELITOS MEXICAN
RESTAURANT, 145 E. ELKHORN AVENUE, HOTEL AND RESTAURANT
LIQUOR LICENSE. Town Clerk Williamson stated renewal of the liquor
license has been forwarded to the Town Board for review because an
employee of the liquor establishment served to an underage person during a
compliance check conducted on September 14, 2015. The violation was
handled by the State Liquor Enforcement Division and a Stipulation Agreement
has been approved. The licensee has present a copy of their alcohol sales
policy and a list of trained staff. It was moved and seconded
(Ericson/Holcomb) to approve the renewal of the Hotel and Restaurant
Liquor License held by Galex, LLC, dba Chelitos Mexican Restaurant, and
it passed unanimously.
2. RENEWAL LICENSE — SHAMBALA, INC., DBA FAMOUS EASTSIDE
GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% OFF PREMISES LIQUOR
LICENSE. Town Clerk Williamson stated renewal of the liquor license has
been forwarded to the Town Board for review because an employee of the
liquor establishment served to an underage person during a compliance check
conducted on August 24, 2015. The violation was handled by the State Liquor
Enforcement Division and the licensee elected to serve a five-day active
suspension of their license in December 2015. The licensee has present a
copy of their alcohol sales policy and a list of trained staff. It was moved and
seconded (Holcomb/Koenig) to approve the renewal of the 3.2% Beer
License held by Shambala, Inc., dba Famous Eastside Groceries, and it
passed unanimously.
3. NEW TAVERN LIQUOR LICENSE - LAZY B RANCH AND WRANGLERS,
LLC DBA LAZY B RANCH AND WRANGLERS, 1665 CO HIGHWAY 66. It
was moved and seconded (Norris/Phipps) to continue the item to the April
26, 2016 meeting as the applicant was not present, and it passed
unanimously.
3. ACTION ITEMS:
1. ORDINANCE #05-16 — PUBLIC HEARING — 2015 INTERNATIONAL
BUILDING CODES ADOPTION & LOCAL AMENDMENTS. Chief Building
Official Birchfield stated staff has revised the local amendments as
recommended by the Board at their March 22, 2016 meeting. The main
revision pertained to the automatic sprinkler systems for one and two-family
dwelling units and vacation home rentals, as recommended by the Estes Park
Board of Appeals. If approved by the Board, staff in conjunction with Larimer
County staff would complete a joint outreach to assist the building community
with addressing the new codes.
Frank Theis/CMS Planning supported the approval of the new building codes
with the local amendments as presented.
Attorney White read Ordinance #05-16. It was moved and seconded
(Norris/Holcomb) to approve Ordinance #05-16 adopting the 2015
International Building Codes with local amendments, and it passed
unanimously.
2. RESOLUTION #08-16 — 2016 BUDGET RESTATEMENT. Finance Officer
McFarland presented a request to approve the 2016 Supplemental Budget
Appropriation for the General and Community Reinvestment funds. The Town
reports/budgets projects that span multiple years into the current year. This
practice overstates the current year; however, it provides the Board, staff and
the citizens the actual costs of the project upfront. The strategy requires the
multi -year projects must be restated annually as the project matures. The CRF
Board of Trustees — April 12, 2016 — Page 4
has been restated to reflect changes to items rolled over from the 2015 budget,
Visitor Center parking structure and other small projects, partially funded
projects such as Elm Road, and final payment for Lot 4, Stanley Historic
District. The CRF has a forecasted fund balance of $283,060 at the end of
2016. The General fund contains approximately $1.2 million in addition to the
2016 Budget from restatements and continuations of 2015 flood projects.
There are $2.5 million in projects extending beyond 2016, with the largest
being the Fish Creek corridor restoration. The vast majority of these
expenditures would be offset by grant and FEMA/FHWA/CDGB-DR
reimbursements. It was moved and seconded (Ericson/Norris) to approve
Resolution #08-16 that supplementally appropriates 2016 Budget
revisions for the General and Community Reinvestment Funds, and it
passed unanimously.
3. ORDINANCE #11-16 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE RELATING TO RESIDENTIAL & ACCOMMODATION DENSITY
CALCULATIONS. The Estes Valley Development Code establishes density
regulations that apply to the residential and non-residential zone districts.
Density refers to the number of residential dwellings and accommodation units
an individual may build on a given property. Current regulations require that all
fractions as a result of a density calculations be rounded down. The proposed
regulation would allow fractions of one-half or more to be rounded up. The
amendment would increase development and redevelopment potential.
Attorney White read Ordinance #11-16. It was moved and seconded
(Koenig/Norris) to approve Ordinance #11-16, and it passed unanimously.
4. PUBLIC HEARING - CDBG-DR GRANT CLOSE OUT ITEMS.
The State is preparing for an audit from HUD and requested a second public
hearing to ensure grant requirements have been met and reflect final costs.
Mayor Pinkham opened the public hearing for the Fall River Hydroplant and
Upper Fish Hatchery Reaches Stabilization Project (D5DR 1-40-EP5). Hearing
no comment Mayor Pinkham closed the public hearing.
Mayor Pinkham opened the public hearing for the FHWA Cost Share for
Community Drive (M405-018-20074, R1-40-EP2). Hearing no comment Mayor
Pinkham closed the public hearing.
Mayor Pinkham opened the public hearing for the FEMA Cost Share for
Various Road Sites (FEMA PW#69, R1-60-EP1.2). Hearing no comment
Mayor Pinkham closed the public hearing.
5. CONSTRUCTION CONTRACT CHANGE ORDER FOR ELM ROAD
LANDFILL DRAINAGE IMPROVEMENT PROJECT. Engineer Ash presented
a request to increase the project costs by $115,513.93 for a total contract
amount of $663,097.92, an 18% adjustment. Unforeseen project costs were
encountered including an extensive granite rock lenses requiring rock breaking
equipment; and multiple pockets of refuse were encountered requiring proper
sampling, disposal methods and field modification to the design. Field
modifications were directed by CDPHE staff and per their standards. Approval
of the change order would allow scheduled completion of the project and would
meet CDPHE drainage improvement requirements imposed on the Town. It
was moved and seconded (Nelson/Ericson) to approve a budget increase
to the construction services contracted with C&H Excavation for the Elm
Road Landfill Drainage Project for a total cost not to exceed $633,097.92,
and it passed unanimously.
6. 2016 FEDERAL LANDS ACCESS PROGRAM GRANT APPLICATION &
CONSULTANT SERVICES AWARD. Town Administrator Lancaster informed
the Board the next round of Federal Lands Access Program (FLAP) grants
were announced and are due May 21, 2016. The Town would utilize Felsburg
Board of Trustees — April 12, 2016 — Page 5
Holt and Ullevig to prepare the grant at an estimated cost of $36,000. The
Transportation Advisory Board held a special meeting on April 4th to review
options for a Town application and recommended six options: Fall River
Construction, flood mitigation projects related to the Downtown Estes Loop,
transit center and parking garage at the Post Office lot, expand the Visitor
Center parking structure to four levels and improve the transit hub
configuration, roadway and intersection improvements on Moraine Avenue
(bike lanes, turn lanes, and a detached multi -use trail along the Big
Thompson), or do not apply for funding. The flood mitigation option was ruled
out as the new bridges would not improve capacity on the roadways. The
downtown parking structure was ruled out as the Town had requested the
current project fund the parking structure and the Town was denied. The
Visitor Center parking structure and Fall River Trail were determined not to be
a strong fit for the grant objectives. The TAB unanimously recommended the
Moraine Avenue improvements as it fits the grant objectives, expected to be
widely acceptable by the community, and provides options for the Town to use
Open Space/1A Trails Expansion funds for the local match. CDOT may
provide additional matching funds because the roadway is state highway.
Kimberly Campbell/TAB Chair reiterated the Board's recommendation to apply
for grant funds to improve the Moraine Avenue corridor from Crags to Mary's
Lake Road to provide improved safety for motorist, pedestrians, and bicyclists.
Mayor Pro Tem Koenig recommended the Board forego applying for additional
FLAP grant funds because the Town should focus on completing current grant
work and a number of items such as the hydrology study are not complete.
The project could be well over the estimated $10 million. Trustees Nelson,
Norris and Holcomb spoke in favor of applying for the grant to improve the
roadway and plan for the future.
Those speaking against the Moraine Avenue grant application included the
following: Paul Fishman/Town citizen recommended the Board complete an
application for the downtown parking structure. The Moraine roadway should
be addressed by CDOT as the Town does not have the responsibility or the
authority to repair the road. Johanna Darden/Town citizen would support the
Board not applying for further grant funds at this time. The Town should
complete the current projects. John Meissner/Town citizen would not support a
grant application.
Those speaking in favor of the Moraine Avenue grant application included the
following: Heidi Tryon/Town citizen would advocate for the improvements to
Moraine Avenue to provide safe routes to schools from the west end of town.
Belle Morris/Town citizen encourage the Board to support the preparation of a
grant application for improvements to the Moraine Avenue corridor.
After further discussion, it was moved and seconded (Nelson/Ericson) to
approve the appropriation of $36,000 to engage FHU to prepare and
submit a Federal Lands Access Program grant application for the
proposed improvements to Moraine Avenue, and it passed with Mayor Pro
Tem Koenig voting "No".
Whereupon Mayor Pinkham adjourned the meeting a9:, 0 p.m.
illiam C. Pinkham, Mayor
Williamson, Town Clerk