HomeMy WebLinkAboutMINUTES Town Board 2016-10-25Town of Estes Park, Larimer County, Colorado, October 25, 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 25th day of October, 2016.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody 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 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PUBLIC COMMENTS.
Connie Dedon/Estes Valley Community Garden (EVCG) Board Member presented the
Town Board with a poster signed by members of the EVCG Board, organizations such
as Larimer County Boys and Girls Club, Boy Scouts, Girl Scouts, and other community
members thanking the Town for their support and partnership in creating the garden,
which contains 68 plots and supports approximately 500 families throughout the valley.
Tom Hannah/Town citizen requested the Town Board consider an ordinance to address
prolonged idling of vehicles. He stated similar ordinances have been adopted by other
communities and would address not only noise but air pollution.
Art Messal/Town citizen stated concern with the Town Board emails becoming public
because it would decrease the effectiveness of communication with the citizens. He
stated communication would become one way. He requested the Town not fund the
EDC in 2017, and to request a refund from previous years because public funds should
not be used to fund organizations which operate privately and are not accountable to
the public.
TRUSTEE COMMENTS.
Trustee Martchink commented interviews for the upcoming vacancy on the Local
Marketing District Board were completed with five qualified applicants. An appointment
would be considered by the Town Board at the November 8, 2016 meeting.
Trustee Norris reminded the public that bear activity continues to be high; however, the
efforts of the Police and the Police Auxiliary to enforce the wildlife ordinance has led to
no euthanized bears this year. The Planning Commission recommended unanimous
denial of ADU regulations due to de facto rezoning of single family residential zone
districts, increasing density through a change in allowed use, and the Development
Code and the Comprehensive Plan do not support the change. The Commission
recommended approval of a code amendment to allow up to seven multi -family units on
lots of less than 40,000 sq. ft. A special Planning Commission study session would be
held on November 1, 2016 to discuss vacation home rental regulations. The Estes
Park Nonprofit Resource Center hosted a meeting to discuss solutions related to
workforce housing and childcare. He would advocate the creation of a Family Advisory
Board to further the effort in addressing the lack of childcare in the valley.
Board of Trustees — October 25, 2016 — Page 2
Trustee Walker stated the Rooftop Rodeo received the most improved rodeo through
the PRCA organization. The Estes Park High School Band won conference and would
be headed to the State competition.
Mayor Pro Tem Koenig announced Sister Cities would hold their annual meeting in
January with a date to be announced with the intent on making it an international event.
Trustee Nelson commented the Larimer County Open Lands Advisory Board cancelled
the October meeting due to a lack of business.
Trustee Holcomb stated the Transportation Advisory Board held its monthly meeting.
TOWN ADMINISTRATOR REPORT.
• Policy Governance 3.3 Financial Planning and Budgeting Report — Administrator
Lancaster reported full compliance with the exception of meeting the 20% General
fund balance and developing a contingency plan.
• A meeting was held with Central Federal Lands and CDOT to discuss the
Downtown Loop EA. The final EA was delayed due to the preparation of response
to the public comments received. The Town would hold a special Town Board
meeting to make a determination on the de minimis findings as it relates to the
impact on the Town owned Baldwin Park and finalize the next steps for the project.
• The State Liquor Investigation and Estes Park Police conducted compliance
checks on October 14, 2016 and seven out of 19 liquor licensees failed. In the
past, the Town Board has requested the license renewals for businesses that
failed a compliance check be brought forward for Board review and action.
Discussion ensued with the Board reaching consensus to have repeat offenders
with two violations in a row be brought forward during the renewal process for
Board consideration.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 11, 2016 and Town Board Study Session
October 11, 2016.
2. Bills.
3. Committee Minutes.
a. Public Safety, Utilities & Public Works Committee, October 13, 2016.
1. Membranes Replacement at Mary's Lake Water Plant, $120,000 -
Unbudgeted.
4. Audit Committee Minutes dated October 12, 2016.
5.
Transportation Advisory Board Minutes dated September 21, 2016
(acknowledgment only).
6. Parks Advisory Board Minutes dated
only).
7. Estes Valley Planning Commission
(acknowledgement only).
8. Acceptance of Policy Governance Compliance Report 3.3.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
September 16, 2016 (acknowledgement
Minutes dated September 20, 2016
Board of Trustees — October 25, 2016 — Page 3
2. REPORT AND DISCUSSION ITEMS (outside entities):
1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.
Charley Dickey/Board member provided an update on the activities of the
organization, stating the annual meeting was held with presentations provided
by Visit Estes Park (VEP) on the upcoming Centennial events and a review of
their 2017 Operating Plan. The next business after hours event would be held
in conjunction with the Creative Arts Board at the Cultural Arts Center on
November 17, 2016. The Explore your store continues to be successful with
the next event being held on November 9, 2016. The EVPC Executive Board
would be holding its elections for positions currently held by Kent Smith and
Jon Nicholas. A business welcome packet has been completed for new
businesses and a ribbon cutting process has been initiated.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. FALL RIVER VILLAGE SUPPLEMENTAL CONDOMINIUM MAP #1.
Item continued by staff to November 22, 2016.
4. ACTION ITEMS:
1 APPEAL OF PLANNING COMMISSION APPROVAL OF DEVELOPMENT
PLAN 2016-04, HABITAT FOR HUMANITY & SALUD CLINIC. Dennis and
Dena Sohocki/Appellants and Town citizens outlined the relevant facts on why
the Development Plan should be overturned, including a conflict of interest in
violation of state and local regulations which voids the Planning Commission's
decision, and the Planning Commission failed to consider critical evidence
required by the Estes Valley Development Code. Commissioner Murphree, a
member of the Habitat for Humanity Board, recused himself during the meeting
and then proceed to speaking during public comment in favor of the project and
actively participated in the study session discussions on the item. It was stated
his presence likely influenced the vote of the other Commissioners, thus
violating the open meetings law. It was further stated Section 3.8 requires
Development Plans show the proposed development with information needed
to make an informed decision such as buried toxic underground tanks and
associated contaminated soil, and the Planning Commission is the final
decision -making body, not other departments such as the Building department.
The Planning Commission overlooked Section 3.9 that finds approval of the
plat will not be materially detrimental to public welfare, or injurious to other
property in the neighborhood. The appellants stated the site is an EPA
Brownfield site that contains toxic hazardous wastes associated with health
risks such as cancer due to the underground tanks that have not been
removed and are likely leaking toxic chemicals into the soil. The residents in
the area have stated concern that disturbed soils during construction blowing in
the wind would cause health problems for neighbors, Salud employees and
visitors. The Planning Commission should have considered the health risks
and impose measures to require future residents be made aware of site
conditions and require proper handling of the stained soil through a soils
management plan. The Planning Commission overlooked Section 1.3 that
states developments should promote health and safety, as well as efficiency
and economy, and promote higher quality in site and land planning. The
proposed development would be located at the intersection of three streets and
next to a busy parking lot, which would be dangerous to young working families
and their children. The development would have unique and expensive
development cost such as Brownfield site mitigation, specialized drainage,
slope mitigation, cost of a long driveway, and disposal of hazardous soils. The
development violates the tenant of producing a higher quality development.
The appellants requested the decision be remanded and a new hearing
Board of Trustees — October 25, 2016 — Page 4
conducted without the improper bias created by the conflict of interest and
addresses each of the critical development plan criteria items misunderstood or
not addressed by the Planning Commission.
Amy PlummerNan Horn Engineering represented Habitat for Humanity stating
the lot was challenging; however, the newly created lots meet code
requirements, the drainage plan complies with the original plan submitted by
the developer, the development would improve the drainage in the area, and
the shared driveway was encouraged by staff and would be located well away
from the intersection. She stated Salud would hire an independent agency to
review the site prior to purchasing the lower lot for an expansion of their
parking lot to address the concerns raised with contamination on site.
Director Hunt stated the Building department could require further investigation
of the site through the permitting process and may require clean up of the site
prior to moving forward with development.
Art Messal/Town citizen and Vista Ridge HOA President commented Habitat
should not move forward with the project; he watched Commissioner Murphree
lobby the Planning Commission for the project; stated concern with the
contamination on site; and commented the Vista Ridge neighborhood would be
downwind from the toxic site.
Michelle Hiland/Town citizen stated the violations of the Development Code
should be evaluated and health and safety of the surrounding neighborhood
should be addressed. The contaminated soils are going to be an issue for the
development, new homeowners and the neighbors.
Curt Gleaves/County citizen and Habitat for Humanity Board member reviewed
the history of the property, the contingent purchase of the property by Habitat
due to possible environmental concerns and the numerous tests conducted to
address possible contamination of the site. He stated the appellant's claim that
the EPA targeted the property as a Brownfield site is false. The property has
been included on an EPA list because Habitat received a grant to fund an
environmental review, and has not been targeted by any government order to
clean up the site. The soils were sampled in 2005 and one location was
identified in the northwest corner with slightly higher levels of benzene than
State standards. In October 2011, sampling of numerous sites was conducted
and no detectable levels of contamination was identified or were below State
levels. He stated chromium and arsenic are naturally occurring elements in the
soils of Estes Park, and the site has levels of arsenic below the background
levels and chromium levels well below those required to be cleaned up. The
Division of Colorado Oil and Public Safety maintains a list of tanks that
demonstrates the tanks onsite were permanently closed on January 1, 1989,
which means they were either removed or left on site, emptied, cleaned of all
liquids and vapors, and filled with sand or concrete. An interview with the
previous property owner has identified there were two above ground tanks on
the property and the tanks were improperly listed as underground.
After further discussion, it was moved and seconded (Norris/Nelson) to deny
the appeal, affirming the finding of the Estes Valley Planning Commission
and the Commission's decision to approve Development Plan 2016-04,
and to affirm a Town Board of Trustees finding that the Planning
Commission's determinations in this matter as identified in the August
16, 2016 minutes are appropriate and applicable under the Estes Valley
Development Code, and it passed with Trustee Holcomb abstaining.
2. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND
SINGLE AUDIT. Paul Neidermuller/CliftonLarsonAllen presented an overview
of the annual financial reporting process. The auditing firm of
CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes
Board of Trustees — October 25, 2016 — Page 5
Park's financial statements as of December 31, 2015 and have expressed an
unmodified opinion (clean) that the financial statements presented fairly, in all
material respects, the financial position of the funds and activities of the Town
of Estes Park in conformity with Generally Accepted Accounting Principles
(GAAP). The Town audit addressed the GASB 68 and 71 standards which
required inclusion of the Town's net pension liability related to its contributions
to the defined benefit pension through PERA. The Town was required to
complete a single audit because the Town received more than $750,000 in
federal grant funds. The audit ensures the Town maintains compliance with all
federal guidelines and requirements outlined in the grant requirements. Areas
of improvement noted in the Management notes included misposted entries,
tracking and recording of grant receivables, unearned revenues and revenues,
certain capital asset entries, purchasing procedure compliance, system access
monitoring, long term debt disclosures, and year end entries. It was moved
and seconded (Holcomb/Koenig) to accept the audit report and
Comprehensive Annual Financial Report for the year ending December
31, 2015, and it passed unanimously.
3. MORAINE AVENUE BRIDGE REPLACEMENT ENGINEERING DESIGN
CONTRACT. Manager Ash presented the results of an RFP issued for a
professional services contract to develop final engineering plans, specifications
and bid documents to redesign the existing box culvert structure and improve
the flow capacity under the Riverwalk crossing of Moraine Avenue. The Town
received five responses that were reviewed for project team qualifications,
relative project examples and references, responsiveness to project schedule
and approach, proposal accuracy and completeness, and budget. The review
team identified RockSol Consulting Group as the top firm due to the concept
plan, understanding of the in -progress hydrology study, proposed preliminary
design, impact on adjacent property during construction, considered a
pedestrian walkway integrated into the final structure, and inclusion of a sub -
consultant, Anderson Consulting Engineering, to address aesthetic treatments
for the bridge structure. It was moved and seconded (Koenig/Norris) to
approve a professional services contract for the Moraine Avenue Bridge
Replacement — Engineering Design Contract to RockSol Consulting
Group, Inc. for a project cost not to exceed $240,000, and it passed
unanimously.
4. RESOLUTION #19-16 ESTES PARK LOCAL MARKETING DISTRICT 2017
BUSINESS AND OPERATING PLAN. Town Administrator Lancaster stated
the Town Board and the County Commissioners are required by State Statute
to approved the Operating Plan for the Local Marketing District aka Visit Estes
Park annually.
Michelle Hiland/Town citizen stated the Operating Plan does not contain
specific data, target marketing, competitor analysis, measurable data, and
clear deliverables. The Plan lacks a process for monitoring accomplishments.
Art Messal/Town citizen stated the plan lacks numerous elements, does not
contain the information needed to measure success of the marketing plan, and
does not meet the minimum standards of a marketing plan. The Town and
County does not have a clear mechanism for determining the effectiveness of
Visit Estes Park based on the Operating Plan presented. He urged the Board
to reject the plan in its current form.
Elizabeth FogartyA/isit Estes Park CEO and President thanked the Board for
their continued partnership. She stated a number of the items addressed by
the public comments are available on the Visit Estes Park website. The public
was provided two months to comment on the Operating Plan.
Board of Trustees — October 25, 2016 — Page 6
Trustee Walker stated the 2017 Operating Plan appears to be consistent with
what has been done by the Visit Estes Park Board and staff. Trustee Norris
agreed.
It was moved and seconded (Norris/Walker) to approve Resolution 19-16
approving the Estes Park Local Marketing District 2017 Business and
Operating Plan, and it passed unanimously.
5. RESOLUTION #20-16 SUPPORTING FUNDING FOR THE NATIONAL PARK
SYSTEM. It was moved and seconded (Koenig/Holcomb) to approve
Resolution #20-16 to support funding for the National Park system, and it
passed unanimously.
6. DOWNTOWN PLAN APPOINTMENT AND INTERVIEW TEAM. Town Clerk
Williamson stated the Board approved the appointment of eleven members to
the committee in January 2016. One member resigned shortly after the
appointment and the position has not been filled. As the project begins to
move forward with a new consultant, staff and the committee would
recommend the committee move forward with the current ten members and
leave the eleventh position vacant. Staff stated an even number of members
would not be a concern as voting would not take place, rather consensus on
issues would be reached. After discussion, it was moved and seconded
(Holcomb/Martchink) to approve the Downtown Committee's eleventh
member not be replaced and the Downtown Committee move forward
with ten members, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:23 p.
Todd Jirsa, Mayo
ie Williamson, Town Clerk