HomeMy WebLinkAboutMINUTES Town Board 2016-03-22Town of Estes Park, LahmerCounty, Colorado, March 22.2010
Minutes ofoRegular meeting of the Board of Trustees ofthe Town of Estes
P3rk, Lehnner County Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 22nd day of March 2016.
Present:
Also Present:
William C.Pinkhanl'Mayor
Wendy Koenig, Mayor Pro Tern
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis Maoho|mk, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 0:00 p.m. to consider entering into
Executive Session.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Ericson) to enter Executive Session for
discussion of n personnel matter per Section 24-6-402WUU0, C.R.S. and not
involving any specific employees who have requested discussion of the matter in
open neoo|om; any member of the Town Board (or body); the appointment mfany
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 itpassed unanimously.
The Board entered Executive Session at01Dp.m.and concluded ct0:55p.m.
Mayor Pinkhom called the regular meeting 0norder at7:OO p.m. and all desiring to do
so, recited the Pledge of Allegiance.
PROCLAMATION: Mayor Pinkhnm declared the month of April as "Estes Cares About
PRESENTATION: Nick Molle/Sister Cities Committee Chair and Mayor Pm Tern
Koenig presented the Town with a new Sister Cities Agreement between Montevevdo.
Costa Rica and the Town of Estes Park. A contingency of Town representatives,
including Nick [No||e. Mayor Pro Tem Wendy Knenig, Christine Hall and Chuck Scott
traveled to Montevonde to renew the agreement. A plaque and u key to Montevevde
were presented 0xMayor Pinkhominhonor ofthe renewal.
PUBLIC COMMENTS.
Jon Nicholas/Economic Development Corporation Executive Director introduced Adam
Shake as the newest member of the EDC staff.
John N1eisnner/Townoitizon stated 10Oyears ago Charles Evans Hughes/Presidential
candidate came totown during abreak from campaigning. Members ofhis family have
plans to visit Estes Park during the last week of August as well as the Lahmar County
Board of Trustees —larch 22, 2016 — Page 2
Charley Dickey/Town citizen commented the statement the Town has $100 million in
deferred maintenance has come up during the Municipal Election forums. He would
suggest deferred maintenance be defined and the $100 million be outlined if possible.
Greg Rosener/Town citizen and Downtown Plan Committee member stated the group
would like to hear from the community and encouraged the citizens to visit
www.estesdowntownplan.com to take the current survey and to sign up for an interview
with the consultants to provide feedback on the Downtown Plan.
TRUSTEE COMMENTS.
Trustee Norris announced Morgan Mulch had been approved by the County
Commissioners as a member of the Local Marketing District Board. He reminded the
community the bears are coming out of hibernation and to be aware.
Trustee Holcomb reviewed the process used by the Town Board to fill open position on
Town appointed Committees and Boards.
Mayor Pro Tem Koenig stated the Sister Cities Committee would meet on March 23rd at
8:00 a.m. The Western Heritage Committee has contacted the Denver Broncos to
attend this year's Rooftop Rodeo parade.
Trustee Ericson commented the Community Development/Community Services
Committee would meet on March 24th at 8:00 a.m. in the Board Room. January sales
tax was up 4% as well as visitation to the Park up 20% for January and February. The
Transportation Advisory Board held their regular meeting and discussed the parking
strategies, focusing time on paid parking. Recommendations would be presented to
the new Board in May.
Trustee Nelson stated he would attend the Larimer County Open Lands Advisory Board
meeting on March 24th to discuss potential purchases. A media day would be held at
Malchow Farm southwest of Berthoud, a recent acquisition.
Trustee Phipps informed the public of the upcoming joint meeting between the Town
Board and County Commissioners on March 30, 2016 at 4:00 p.m. to discuss a draft
ordinance on vacation home regulations.
TOWN ADMINISTRATOR REPORT.
The Estes Park Housing Authority completed its recent housing study which contained
11 recommendations to address the housing issues in Estes Park effecting the
economy of the Town. Key players in the community, including the EPHA Board and
Town would meet to develop a strategy to address the issues related to housing.
The Economic Development Corporation met recently to adopt its 2016 Operating Plan
which contain key objectives and goals.
The Parks Division has installed 79 wildlife resistant trash cans throughout the
downtown in conjunction with the Wildlife Ordinance which goes into effect on April 1st
Luis Benitez/Director of Colorado Outdoor Industry Office would visit Estes Park to
discuss how the office can aid the Town as it relates to outdoor tourism.
Policy Governance Quarterly Report:
• Reported overall compliance with Policies 3.1 through 3.11 with one exception.
o 3.10.4 — Reported non-compliance. The capital asset management plan has
not been worked on since the departure of the Deputy Town Administrator and
the flood. The item has been reassigned to Finance Director McFarland and
Assistant Town Administrator Machalek and a new plan would be forthcoming.
STATE OF THE TOWN
Mayor Pinkham provided a summary of 2015 that focused on progress, projects,
people, process and prognostication. Highlights included:
Board of Trustees — March 22, 2016 — Page 3
• Sales tax collection increased in 2015 and 2016 continues to grow in January.
• The Town Board would see a significant change in 2016 with Mayor Bill Pinkham
and Trustee John Ericson term limited. Trustee Phipps would not seek a second
term. Trustee Norris would run for reelection.
• Town Administrator Lancaster continues to lead the staff with teamwork, motivation,
inspiration, leadership, vision and innovation.
• The Town has developed strong policies and processes, including Policy
Governance, Strategic Plan, Code of Conduct, personnel policies, finance policies,
purchasing policies and EOC Plan.
• Reorganization of the Community Services Department occurred with the creation of
a new department Cultural Services which includes the Museum and Senior
Services divisions.
• Staff has begun to use the 1A sales tax funds to improve roadways, trails, and
emergency operations.
• 2013 flood recovery efforts continue with the repair of roadways, Scott pond dam
repair and modification, and Fish Creek public infrastructure projects.
• Utilities continues to make improvements to the electric and water systems,
implementation of Smart meters and a feasibility study for Broadband expansion.
• Continuation of cooperative support with the Estes Park Housing Authority, Rocky
Mountain National Park, and renewal of Sister Cities agreement with Monteverde,
Costa Rica.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 8, 2016 and Town Board Study Session
March 8, 2016.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, March 10, 2016.
1. Replace 2 Dodge Charger Patrol Cars, Vendor to be determined -
$32,000 from Vehicle Replacement Fund, Unbudgeted.
2. L&P Derrick Truck Replacement, Terex - $237,408, Budgeted.
3. Additional L&P and Water Personnel — $446,158, Budgeted.
4. 2016 Crack Sealing Contract, Superior Asphalt, LLC - $151,580, not
to exceed $200,000, Budgeted.
4. Transportation Advisory Board Minutes dated February 17, 2016
(acknowledgement only).
5. Parks Advisory Board Minutes dated February 19, 2016 (acknowledgement
only).
6. Estes Valley Planning Commission Minutes dated February 16, 2016
(acknowledgement only).
7. Estes Park Board of Appeals Minutes dated February 25, 2016
(acknowledgement only).
8. Estes Park Housing Authority reappointment of Eric Blackhurst for a 5-year
term expiring April 25, 2021.
9. Resolution #06-16 - Setting the public hearing date of April 12, 2016, for a
new Tavern Liquor License for Lazy B Ranch and Wranglers, LLC dba Lazy
B Ranch and Wranglers, 1665 CO Highway 66, Estes Park, CO 80517.
Trustee Ericson requested the removal of Consent Agenda Item 8. It was moved
and seconded (Koenig/Phipps) to approve the Consent Agenda Items 1-7 and 9,
and it passed unanimously.
Board of Trustees — March 22, 2016 — Page 4
Consent Item 8 — Estes Park Housing Authority Reappointment of Eric
Blackhurst for a 5 —year term expiring April 25, 2021: Trustee Ericson requested
the appointment to the Estes Park Housing Authority be postponed and addressed
by the new Board at the April 26, 2016 meeting. It was moved by Trustee Ericson
to delay the appointment to the April 26, 2016 meeting, and the motion failed
due to a lack of a second. Trustee Ericson stated he would support term limits for
the Board appointed Commissions and Board.
It was moved and seconded (Holcomb/Koenig) to approve Consent Agenda Item
#8, and it passed with Trustee Ericson voting "No".
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #08-16 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE RELATING TO DEED -RESTRICTED EMPLOYEE
HOUSING REGULATIONS IN NON-RESIDENTIAL ZONING DISTRICTS.
The proposed Ordinance would amend the Estes Valley Development Code
as it relates to employee housing regulations. The revisions would remove
the requirement of an employee to work on the site and increase the
allowed density in the CO -Commercial Outlying zoning district to encourage
development of second story employee housing for businesses in the Estes
Valley.
Jon Nicholas/Economic Development Corporation Executive Director stated
there continues to be a tremendous need for employee housing. He would
encourage deed restrictions be indefinite rather than for a term because of
the ongoing need for employee housing.
Greg Rosener/Town citizen thanked staff and the Board for addressing the
workforce housing issue.
Attorney White read Ordinance #08-16. It was moved and seconded
(Holcomb/Norris) to approve Ordinance #08-16, and it passed
unanimously.
2. REPORT ITEMS:
A. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE
RELATING TO RESIDENTIAL & ACCOMMODATION DENSITY
CALCULATIONS. Planner Kleisler provided an overview of the proposed
amendment that would modify the regulations requiring all fractions related
to density calculations to be rounded down. The proposed regulations
would allow fractions of one-half or more to be rounded up. This would
result in a slight increase in development and redevelopment potential. The
amendment would be brought forward to the Town Board meeting on April
12, 2016.
3. ACTION ITEMS:
1. ORDINANCE #05-16 - PUBLIC HEARING - 2015 INTERNATIONAL
BUILDING CODES ADOPTION & LOCAL AMENDMENTS. Chief Building
Official Birchfield stated the Estes Park Board of Appeals has met monthly for
the past 16 months to review the 2015 International Codes and discuss local
amendments. The Board recommends the adoption of the 2015 International
Building Code (IBC) as amended, including the secondary Codes adopted by
reference: International Fuel Gas Code, International Mechanical Code,
International Plumbing Code, International Property Maintenance Code,
Board of Trustees — March 22, 2016 — Page 5
International Energy Conservation Code, International Existing Building Code
and the National Electrical Code. The International Fire Code has been
adopted and administered by the Estes Valley Fire Protection District. The
International Residential Code (IRC) would also be adopted and does not
adopt the other Codes by reference; however, it includes specific portions of
the Codes.
The 2015 IBC and IRC would require all new buildings containing residential
uses to be protected with an automatic sprinkler system. The Town's current
regulations exempt all one and two-family dwelling units from sprinkler
requirements. The safety of vacation homes has been an issue discussed by
the Town Board, and staff has recommended a limited life -safety inspection
and automatic sprinkler systems for vacation homes in response to the Board's
concerns. The Board of Appeals has recommended the postponement of the
sprinkler requirements and the life -safety surveys until after the Vacation Home
Task Force has presented their recommendations. Larimer County has
adopted the 2015 International Codes without the sprinkler requirement for one
and two-family dwelling units effective May 1, 2016. Chief Building Official
Birchfield would not recommend waiving the sprinkler requirements for one and
two-family dwelling units indefinitely; however, he would recommend the Board
postpone a decision on the issue until further discussion can be held with the
stakeholders.
Public comment was heard and summarized: Charley Dickey/Town citizen
questioned how the new codes would impact commercial buildings with an
upstairs apartment; Frank Theis/Local developer recommended adopting the
2015 International Codes with the current sprinkler exemption for one and two-
family dwelling units because the code can be amended at a later date; Greg
Rosener/Town citizen and Grand Heritage Group representative stated
concern with the sprinkler requirements and the impact on workforce housing
and vacation homes due to an increase in cost; John Spooner/Board of
Appeals Chair recommended adoption of the Codes with the proposed
amendments; Scott Dorman/Fire Chief stated three deaths have occurred and
two could have been saved if sprinkler systems had been in place; Lindsay
Lamson/Accommodations owner stated the exemption for sprinklers should be
included for all zoning districts, including accommodations, and stated the risk
factors for vacation homes are not significantly increased; and Ed
Peterson/Town citizen requested the Board postpone adoption of the 2015
International Codes until further information has been obtained.
It was moved and seconded (Koenig/Holcomb) to extend the meeting past
10:00 p.m. to complete the agenda, and it passed with Trustee Ericson voting
"No".
Attorney White read Ordinance #05-16. It was moved and seconded
(Holcomb/Koenig) to approve Ordinance #05-16 adopting the 2015
International Building Codes with local amendments and the
recommendations of the Estes Park Board of Appeals regarding
sprinkling of one and two-family dwelling units and postponing life -safety
surveys for vacation homes. A substitute motion was presented.
It was moved and seconded (Koenig/Phipps) to continue Ordinance #05-16
to the April 12, 2016 meeting to develop the language associated with the
Estes Park Board of Appeals recommendations for the Board's
consideration, and the motion passed unanimously.
2. RESOLUTION #07-16 AUTHORIZATION OF THE FIRE CODE ADOPTED BY
THE FIRE DISTRICT. Chief Dorman commented the Estes Valley Fire
Protection District adopted the 2015 International Fire Code including the
Appendixes and Amendments as adopted by Resolution 2015-02. He
requested the Town Board approve Resolution #07-16 authorizing the use of
Board of Trustees — March 22, 2016 — Page 6
the 2015 International Fire Code as adopted by the District effective May 1,
2016. It was moved and seconded (Norris/Ericson) to approve Resolution
#07-16 authorizing the 2015 International Fire Code adopted by the Estes
Valley Fire Protection District, and it passed unanimously.
3. RESOLUTION #08-16 - 2016 BUDGET RESTATEMENT.
The item was moved to the April 12, 2016 Town Board meeting.
4. PERSONNEL POLICIES. Assistant Town Administrator Machalek presented
personnel policies 303 Compensation, 305 Benefits and 306 Leave for the
Board's review and consideration as each includes budgetary impacts. All
other personnel policies would be adopted administratively. Staff began a
comprehensive review of the personnel policies in May 2015 as the current
policies are significantly outdated and incomplete. The formalization and
standardization of on -call compensation would result in a moderate budget
increase. It was moved and seconded (Holcomb/Norris) to approve
Personnel Policy 303 Compensation, Policy 305 Benefits, and Policy 306
Leave, and it passed unanimously.
5. ORDINANCE #09-16 AMEND MUNICIPAL CODE SECTION 2.20 MAYOR
AND TRUSTEES COMPENSATION. Town Clerk Williamson stated salaries
for the Board of Trustees are reviewed during each Municipal Election prior to
the election and only affect the incoming Board members. Staff reviewed the
monthly salaries for the Mayor, Mayor Pro Tem and Trustees for the
communities reviewed in 2012 and 2014, and found the average monthly
salary for the Mayor had increased to $10,800/year. The average salaries for
the Mayor Pro Tem and Trustees had increased slightly. Estes Park ranked at
the bottom third for compensation for the Mayor and the top third for Mayor Pro
Tem and Trustees in relation to their peer communities. Staff recommended
the salary for the Mayor be increased to $9,000, Mayor Pro Tem to $7,000 and
Trustee to $6,000.
Board discussion was heard on the need to fund employee salaries and
institute a merit increase before considering increases to the Board's salary.
Charley Dickey/Town citizen stated approval of the message the Board is
sending to the employees and the community.
Attorney White read Ordinance #09-16. It was moved and seconded
(Holcomb/Ericson) to deny Ordinance 09-16, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the me e ing a 1'18
r
Iliam C. Pinkham, Mayor
c 0
lie Williamson, Town Clerk