HomeMy WebLinkAboutMINUTES Town Board 2016-02-09Town of Estes Park, Larimer County, Colorado, February 9, 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 9th day of February 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.
PUBLIC COMMENTS.
Mary Murphy/Town citizen requested an area in Performance Park be designated as a
place to recognize and honor artists. She further requested the support of the Board,
expertise and guidance needed to complete the project. Funding for the project would
be from an outside source.
Johanna Darden/Town citizen clarified her previous statement with regard to the
contract for the sale of Lot 4, Stanley Historic District. She stated everything can be
changed in the contract exception for the legal aspects.
TRUSTEE COMMENTS.
Trustee Norris commented the Estes Valley Suicide Awareness taskforce, a group
formed by Superintendent Rosenkrance, met to address suicide prevention throughout
the valley.
Trustee Holcomb reported vacation guide requests are up 140% with most request
coming from overseas and Russia.
Trustee Phipps stated the previously cancelled February meeting of the Estes Valley
Planning Commission would now be held to discuss recommend amendments to the
Development Code for vacation homes of 8 and less guests. A county liaison would
provide the Town Board with an update on the formation of a task force to review
vacation homes of 9 or more guests during the February 23, 2016 study session. The
Commission would discuss local businesses providing housing for employees from
other local businesses. The code currently prohibits such practices.
Trustee Nelson commented the Open Lands Advisory Board discussed water rights at
their recent meeting. They have been investigating agreements related to water rights.
Trustee Ericson reminded the community of the upcoming Transportation Advisory
Board meeting on February 17, 2016 at noon. Applications are being accepted for
three open positions on the Board.
Town Clerk Williamson provided an update on the 2016 Municipal election including the
candidates, the League of Women forums on March 3, 2016 for the Mayoral candidates
Board ofTrustees — February 9,2O16—Page 2
and March 10, 2016 for the Trustee candidates, ballots to be mailed the week of March
14.2D10and reminded voters hocomplete absentee mail ballot forms if the voter needs
the ballot mailed k/olocation other than their registered address.
TOWN ADMINISTRATOR REPORT.
Economic Development Council Liaison Report The EDC held its annual retreat on
January28. 2016 and developed u strategic plan using the Town'a pnnooao. A2O18
operation plan would bedeveloped with three key outcome areas, including retaining
current buoinoaaoo, development ofbusiness incubator and new business targets 0n
attract new business. Tasks identified included securing funding for economic
aotivitien, public na|aUono initiative to inform and rally for the overall Avalanche atnuhegy,
establish metrics for economic status and progress throughout the nommunih/, and
engaging volunteers in the implementation of the Avalanche strategy and overall
economic strategy.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 2G.2O16and Town Board Study Session
January 20.2U16.
2� Bills.
3. Committee Minutes:
A. Community Development / Community Services Committee, January 28.
2016.
4. Estes Valley Board of Adjustment Minutes dated December 1.2015
(acknowledgement only).
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OFOWNERSHIP FROM TWO 10.|NC..BBATHE OTHER SIDE
OPESTES TODEER RIDGE, INC. 0BA THE OTHER SIDE RESTAURANT,
900 MORAINE AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson presented the application to transfer the current HnVo|
and Restaurant liquor license. All required paperwork and fees were submitted
and a temporary was issued on Deoembor22. 2015. TIPS training has not
been scheduled; however. the |ioan000 previously owned the business and
was TIPS trained. |twas moved and seconded (Ho|oomb/Phippn)hoapprove
the Transfer of Ownership from Two 16. Inc., dba The Other Side of Estes
to Deer Ridge, Inc. dboThe Other Side Rmstmurant,900 Moraine Avenue,
Hotel and Restaurant Liquor License, and itpassed unanimously.
3. PLANNING COMMISSION ITEMS.
1. CONSENT ITEMS:
A. RIVERVIEWPINES TOVVNHOMES DEVELOPMENT PLAN& AMENDED
PLAT, Tract 56B.Replat of Tract 56.Amended Plat ofLot 2.Deercrest
Subdivision & Tracts 56&57.Fall River Addition; 1150VV.Elkhorn Avenue;
FredoriokKrnpp/App|ioanL Trustee Norris requested the item be removed
from the consent agenda. Planner K|oia|erreviewed the project stating the
applicant has requested the redevelopment ofanaccommodations property
with the removal of all existing structures demolished and replaced with
eight tmwnhomeunits, reducing the density onthe property. The site would
be enhanced by widening the bridge to accommodate pedestrian traffio, a
sidewalk connecting individual units ioWest Elkhorn Avenue, widening of
Board of Trustees — February 9, 2016 — Page 3
the drive aisle to meet public street standards and a secondary emergency
access point to the west to ensure adequate fire protection. The Estes
Valley Planning Commission recommended conditional approval of the plat
at their December 15, 2015 meeting.
Josh Westmoreland/Representative for the 4 Season Inn stated his clients
do not have an issue with the proposed development; however, there are
concerns the downstream properties would be negatively affected by the
development as it relates to ongoing drainage issues. Mr. Westmoreland
reviewed a series of slides outlining drainage issues since the flood and
excavation on the property. Standing water on the 4 Season Inn property
occurs after every rain. Unpermitted work in the river has negatively
affected the flow of the river causing further drainage issues on neighboring
properties.
Planner Kleisler stated the Planning Commission heard testimony from the
property owner regarding concerns related to drainage during their meeting.
The Commission provided the neighboring property owner and developer
with mediation. Public Works found the proposed development drainage
design to meet standards.
Ed Kropp/ Applicant commented the drainage on the property comes from
the adjacent hillside and would be caught up high on the property and
placed directly into the river. Mike Todd/Applicant's engineer stated the
property would be graded to channel the water into the river and improve
the current drainage on the property and the neighboring property.
John Bryson/Town citizen stated the previous owner of the property in
question paved portions of the property causing the drainage issues on the
4 Season Inn's property. The redevelopment of the property would remove
the current encroachment in the setbacks, improve drainage and upgrade
the sewer lines in the area.
After further discussion, it was moved and seconded (Nelson/Holcomb) to
approve the Riverview Pines Townhomes Development Plan &
Amended Plat, Tract 56B, Replat of Tract 56, Amended Plat of Lot 2,
Deercrest Subdivision and Tracts 56 and 57, Fall River Addition, 1150
W. Elkhorn Avenue with the findings an conditions recommended by
the Estes Valley Planning Commission, and it passed unanimously.
4. ACTION ITEMS:
1. AGGREGATE STORAGE BUILDING FEE WAIVER. Planner Gonzales
presented a request by Public Works to waive development and building permit
fees for a new 3200 square foot aggregate storage building at 640 Elm Road.
The building would provide a storage area for pothole patching operation
aggregate in order for operations to occur year -around, weather permitting.
The fee waiver of $3,913.55 requires Board approval as the fee waiver policy
limits staff approval to $3,000. It was moved and seconded (Ericson/Phipps)
to approve the development and building permit fees for the Public Works
aggregate storage building located at 640 Elm Road, and it passed
unanimously.
2. SCOTT POND DAM MODIFICATION DESIGN CONTRACT CHANGE
ORDER. Manager Ash requested approval of a change order to Cornerstone
Engineering and Surveying to update the current Carriage Hills Dam
modification submittal to the State Engineer's Office to reflect the current site
and future design. At the November 10, 2015 meeting the Board determined
the project could not be completed by March 2016 as required by grant
funding, and elected to forego the grant and the project. The Department of
Homeland Security Emergency Management has reallocated the grant funds to
Board ofTrustees — February 9\2n1O—Page 4
allow an extended schedule for construction completion. The revised design
would include a jurisdictional dam that creates a pond with sustainable fish
habitat, and an oust dam that would have groding, spillway and outlet works
that would impound a lower volume of water. The design would be completed
by May and construction during the summer and fall.
Town citizens Johanna Darden and TonySohetza|e support the change order
and the completion ofthe improvement kxthe dams.
It was moved and seconded (Phipps/Holcomb) to approve Change C}rder#2
to the professional services contract for the Scott Ponds Natural Area
Dam Modification: Hazard Classification and Consulting Engineering
services for acost not toexceed $2Q,DOQ,and itpassed unanimously.
3. RESOLUTION #0316 REAPPR0PRIATION OF 3015 ENCUMBERED
FUNDS "ROLLOVERS" TO 2016 BUDGET. Finance Officer McFarland
requested approval of Resolution #03-16 to roll over funds related to 2015
oonhada and purchase orders for goods and services that were not fulfilled by
December 31.2O15. The budgeted amounts inthe 2O15budget will bemoved
into 2016; the vmU over does not affect fund balance. The rollovers ino|ude4O
purchase orders totaling $2.663.504.89 effecting nine funds which include
large capital projects and flood repairs. It was moved and seconded
(Nelson/Koenig) to approve Resolution #03-16 to my'appnupdmtwe the 2015
encumbered funds into the 201&budget, and itpassed unanimously.
4. POLICY #GGWFUND BALANCE. The fund balance policy would address fund
balances for each fund type and fund balance classifications ao prescribed by
GAAPkGFOA. The policy would not a General fund balance of2096. The
policy would aid staff in the development of the annual budgot, and would
provide long-term financial continuity and stability. It was moved and
seconded (Nelson/Koenig) to approve Fund Balance Policy 800' and it
passed unanimously.
5. POLICY #601PURCHASING LIMITS. Finance Officer McFarland reviewed
the Purchasing policy which specifies levels of spending appropriate to staff
position. The policy would be used in conjunction with the draft Finance
Manual — Purchasing Procedures and outlines types of, and required
documentation for each level of expenditure. The policy would delegate
purchases approved through the adoption of the annual budget and
expenditures undorQ10O.000 huthe Town Administrator, with step down |avo|n
nfauthority to department hooda, managers and supervisors. It was moved
and seconded (Norris/Koenig) to approve Purchasing Policy 681 —
Spending Authority and Limits, and itpassed unanimously.
O. POLICY #GO3LOCAL PREFERENCE. The current local preference allows for
a 296 local preference discount when mo|ooUng local vendors with a discount
maximum of$37.5OO. Staff would recommend increasing the local preference
to5%with nocap. |twas moved and seconded (Knonig/Ne|non)hoapprove
Purchasing Policy GO2—Local Preference, and itpassed unanimously.
7. ORDINANCE #02' 6— FIRST AMENDMENT TOTHE LEASE AGREEMENT
FOR STANLEY PARK WITH THE EGTES VALLEY RECREATION AND
PARK DISTRICT. Attorney White presented an amendment to the |oaoa
agreement for the Stanley Park grounds that include the ball fie|dn, a0000r
fie|dn, playgrounds, tennis courts, basketball courts, shelters, dog park, skate
park and restnuom facilities. The youth center is also located on the property;
hovvovor, a separate |GAfor the building and operations was in place through
December 31.2O15. The revised agreement would include the youth center in
the lease of the Stanley Park land to the Estes Vo||oy Recreation and Park
District. The amendment would address insurance and liability concerns raised
by the Tnwn'a insurance company C|RSA, identify the youth center as m
Board of Trustees — February 9, 2016 — Page 5
recreational facility, increase governmental immunity act limits, add an
indemnity provision and a termination provision. Attorney White read
Ordinance #02-16. It was moved and seconded (Holcomb/Norris) to approve
Ordinance #02-16, and it passed unanimously.
8. MAYOR'S RIGHT TO VOTE (CRS 31-4-302 — MAYOR - POWERS). The
Town's Municipal code states the Mayor shall only vote in the event of a tie and
shall not be included in the quorum for the Board of Trustees. This provision
allows the Mayor the ability to veto any Ordinance or Resolution for the
expenditure of funds and the approval of contracts. The state statute provides
a municipality the option to change the Mayor's right to vote within 60 days
prior to a regular municipal election. The Board could decide by Ordinance to
allow the Mayor the right to vote on all issues, be included as a member of the
Board for the quorum and eliminate the Mayor's veto power.
Board discussion followed with Trustee Ericson stating the federal and state
levels provide the President and Governor with veto power, and therefore,
would support no change to the Mayor's right to vote. Trustee Nelson would
not support an Ordinance to change the Mayor's right to vote.
It was moved and seconded (Norris/Holcomb) to approve the preparation of
an Ordinance to allow the Mayor the right to vote on all issues coming
before the Board of Trustees for consideration at an upcoming Town
Board meeting prior to the April 5, 2016 election, and it passed with
Trustees Ericson and Nelson voting "No".
9. RESOLUTION #04-16 COMMUNITY DEVELOPMENT FEE SCHEDULES.
Planning Consultant Mallory Baker stated in the summer of 2015 Community
Development initiated an analysis of the department's revenues, expenses,
and fee assessment processes for development review fees, building permit
fees, floodplain development permit fees and sign permit fees in order to
determine best practices for levying service fees. Following the data gathering
phase, public meetings were held with stakeholders and the public. The
combination model at 50% cost recovery would improve cost recovery and
customer service levels, while ensuring an equitable system for all applicants.
The proposed fee schedule does not account for Public Works or Utility
Department costs associated with development review or building permit
review. Fees for floodplain development permits would increase from $50 to
an at -cost in order to improve cost recovery and account for the complexity of
developing in the floodplain. Sign permits would be reduced from $75 to $50 to
accurately reflect time and resources spent on sign permit reviews. This model
utilizes a combination of two separate fee assessment processes: review
deposit, in which time spent on a project is tracked and invoiced up to the
deposit amount, and standard, in which a standard fee is charged based on the
type of project or service rendered. It was further determined some fee should
be eliminated or reduced because they required limited staff time. Certain
review processes require outsourcing, based on the complexity and nature of
the project and department workload. The Community Development Director
would determine which applications are outsourced and all fees from the
contract labor would be charged to the applicant. Staff would develop a
customer guide and outreach document for applicants. Software would be
implemented to track time spent on an application and to invoice the applicant.
An annual review would be conducted to analysis the fee structure and
process.
Paul Fishman/Town citizen appreciates staffs recommended approach and the
efficiencies of the new review and cost recovery process.
It was moved and seconded (Norris/Phipps) to approve Resolution #04-16
as recommended by staff with an effective date of June 1, 2016, and it
passed unanimously.
Board of Trustees — February 9, 2016 — Page 6
10.ORDINANCE #03-16 BUILDING PERMIT FEE ASSESSMENT AND
COLLECTION. Planning Consultant Mallory Baker stated the locally -based
valuation model proposed involves using actual per square foot construction
costs to assess project valuations for all project types, including new
construction. Valuations that fall outside of the range of average per square
foot construction costs would be audited following completion of the project.
Structural details must be stamped by an architect or engineer due to the
design wind speeds and snow loads required, which negates the need for a full
structural review. As the current assessment percentage of 65% of the permit
fee assumes full structural review, staff proposes the plan review fee be
reduced to 50%. This assessment level would reduce plan review fees
collected by 23%. Staff proposes that applicants in compliance with all
minimum submittal checklist requirements upon first review receive a 50%
reduction in the plan review fee charged for the project. Staff further proposes
that applicants not in compliance with all minimum submittal checklist
requirements upon first review would be assessed additional plan review fees
at a rate of $100 per hour after the second review. Plan reviews may be
outsourced at the discretion of the Chief Building Official with the applicant
paying for the consultant's fees. A new dwelling life safety survey fee has been
proposed for all vacation home rentals at a cost of $200 per survey.
Attorney White read Ordinance #03-16. It was moved and seconded
(Holcomb/Ericson) to approve Ordinance #03-16 as recommended by staff,
and it passed unanimously.
11.TRANSPORTATION ADVISORY BOARD INTERVIEW TEAM
APPOINTMENT. It was moved and seconded (Norris/Holcomb) to appoint
Trustees Ericson and Holcomb to the Transportation Advisory Board
interview panel, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 9:2
Jackie Williamson, Town Clerk
p.m.
illiam C. Pinkham, Mayor