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HomeMy WebLinkAboutMINUTES Town Board 2015-10-27Town of Estes Park, Larimer County, Colorado, October 27, 2015 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 27th day of October 2015. 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. PROCLAMATION: Mayor Pinkham proclaimed November 12, 2015 as National Philanthropy Day. PUBLIC COMMENTS. John Cullen/Stanley Hotel Owner provided an update on the activities at the hotel, including 90% reroofing of all buildings, new gutters, pavilion to be open August 2016, Stanley maze, and parking lots to be redone to include ADA access. The hotel partnered with Go NoCo for funding through the Regional Tourism Act (RTA) for the Stanley Film Center, a $24 million project with an $11 million gap in funding. The Stanley should have a response on the RTA funding by November 12th. The Lot 4 residence building continues to move forward with the roads, landscaping and sidewalks being completed. The building currently consists of 46 rooms on the second and third floor with a completion date of April 28th. As the hospital has not raised the necessary funds to build the Wellness Center, Mr. Cullen has proposed adding the facilities to the first floor of the building and adding an additional level to the southern portion of the building for the Wellness Center with a 99 year lease to the hospital. The project would be a joint venture with the hospital, Stanley Hotel and the Colorado State University. In order to meet the bank commitment of May 1st delivery and the change order request to the builder by December 18th, the Stanley Hotel requested an expedited review of the project by the Town for approvals to a height variance and approval of a Special Review for the change in use. Mayor Pro Tem Koenig questioned if the hospital has approved the concept of moving the Wellness Center into the Stanley Hotel building on Lot 4 rather than a stand-alone building. Diana Van Der Ploeg/Park Hospital District Board President stated this not the direction the hospital wanted but is excited about the opportunity to move forward with the Wellness Center and partnering with the Stanley Hotel. The new opportunity would allow the hospital to provided programming options to the community that would not have otherwise been available. A Memorandum of Understanding was approved and signed by the Board. TRUSTEE COMMENTS. Trustee Norris commented Visit Estes Park has a county seat open on the Board of Directors. The pothole truck continues to fill holes around town and has completed Board of Trustees — October 27, 2015 — Page 2 1870 to date. The Estes Valley Community Garden ground breaking would take place on November 6, 2015. Trustee Phipps reminded the community of the joint study session between the County Commissioners and the Town Board on November 9, 2015 to discuss vacation rentals. The Estes Valley Planning Commission would review the proposed changes at their November 17, 2015 meeting and public comment would be heard. Trustee Ericson stated the coordinated election would be held on November 3, 2015 and encouraged the voters to participate in the process and return their mail ballots by 7 p.m. He spoke in support of the Estes Valley Recreation and Park District Board Ballot Issues 4C and 4D for the Community Center. On November 2, 2015 a study session would be held to receive Avalanche's final economic development report. Mayor Pinkham informed the public that former and first Town Administrator Dale Hill passed away at the age of 92. A formal Resolution of Respect would be presented at the November 10, 2015 meeting. TOWN ADMINISTRATOR REPORT. Policy Governance Policy 3.3 Financial Planning and Budgeting — Administrator Lancaster reported full compliance with the exception of 3.3.5. He stated the Town would likely expend more funds than the Town would receive in the fiscal year due to considerable flood recovery work being completed in the fourth quarter of 2015. The fund balance in the General Fund is anticipated to fall below the 25% level set by the Board due to use of the fund for emergency flood recovery expenditures. Updates: - Glacier Creek Water Treatment Plant — The raw water valve was replaced in house saving the Water department approximately $30,000. A pre -application meeting was held with Safeway to expand the store to the east by approximately 11,000 sq. ft. with a completion date prior to the 2016 summer season. Administrator Lancaster met with a group of delegates from Mongolia to discuss tourism, being a destination community and other commonalities between the communities. Staff requested the Board provided direction on whether or not to proceed with an expedited development review for the proposed changes to the accommodation building on Stanley Lot 4 as outlined by John Cullen. The review would be a Special Review under the current code and require considerable staff overtime, contract the review out to a third party at the cost of the applicant, and push back and delay any other development plan applications in order to meet the Stanley's December 18, 2015 deadline for approvals. The Stanley faces financing issues and the need for the building to be completed in April 2016. Board discussion on the item followed: Mayor Pro Tem Koenig and Trustee Holcomb stated support for the process because the Stanley responded to the hospital's need to accommodate the Wellness Center within the current accommodation building under construction; Trustee Phipps expressed concern with the burden that would be placed on staff; and Trustee Nelson and Ericson commented that wellness has been identified as an important issue to the community. Staff stated other projects such as the Downtown Plan and Comprehensive Plan update would have to be delayed during the expedited review. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 13, 2015 and Town Board Study Session Minutes dated October 13, 2015. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities & Public Works Committee, October 8, 2015. Board of Trustees — October 27, 2015 — Page 3 1. Light and Power Building Remodel Contract - B&E Builders, Inc., $159,524.55 — Budgeted. 4. Transportation Advisory Board Minutes dated September 17, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated September 18, 2015 (acknowledgement only). It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. SMALL BUSINESS RECOVERY FUND FINAL REPORT. Gordon Thibedeau/United Way of Larimer County presented the Town Board with the final report for the Small Business Recovery Fund. The $1.25 million in funding provided assistance to 49 businesses with 44 still open, and retained 329 jobs and added 71 jobs to businesses affected by the 2013 flood. 3. LIQUOR ITEMS: 1. RENEWAL LICENSE — MURPHY'S RESORT AT ESTES PARK, LLC DBA MURPHY'S RESORT, 1650 BIG THOMPSON AVENUE, ESTES PARK, CO, BEER & WINE LIQUOR LICENSE. Town Clerk Williamson stated the renewal has been forwarded to the Town Board for review because an employee of the liquor license 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 continues to be negotiated. The licensee has sent employees to T.I.P.S. training and the employee that served was T.I.P.S trained. The licensee was present stating the employee in question was fired immediately and have discussed the violation with the other employees. It was moved and seconded (Norris/Holcomb) to approve the renewal application for Murphy's Resort at Estes Park, LLC dba Murphy's Resort, 1650 Big Thompson Avenue, Estes Park, CO, Beer & Wine Liquor License, and it passed unanimously. 2. RENEWAL LICENSE — BOWL FORT COLLINS LLC DBA CHIPPERS LANES ESTES PARK CENTER, 555 S. ST. VRAIN AVENUE TAVERN LIQUOR LICENSE. Town Clerk Williamson stated the renewal has been forwarded to the Town Board for review because an employee of the liquor license 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 a Stipulation Agreement was negotiated. The licensee has sent employees to T.I.P.S. training and the employee that served was T.I.P.S trained. The licensee was present stating the employee in question was fired immediately and have discussed the violation with the other employees. Matt Hoeven/Owner stated he has five other licenses in Colorado and has never had a violation at his other locations. Chippers would continue to educate it staff and provide incentives to its employees to id and follow all liquor laws. It was moved and seconded (Koenig/Phipps) to approve the renewal application for Bowl Fort Collins LLC dba Chippers Lanes Estes Park Center, 555 S. St. Vrain Avenue, Tavern Liquor License, and it passed unanimously. 3. RENEWAL LICENSE — CABLES ESTES, LLC, DBA CABLES PUB & GRILL, 451 S. ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson stated the renewal has been forwarded to the Town Board for review because an employee of the liquor license establishment served to an underage person during a compliance check conducted on September 14, 2015. The violation was handled by the State Liquor Board of Trustees — October 27, 2015 — Page 4 Enforcement Division and a Stipulation Agreement continues to be negotiated. The licensee has sent employees to T.I.P.S. training and the employee that served was T.I.P.S trained. The licensee was present stating the employee in question was fired immediately as they neglected to follow the company's policy to ask for id from all patrons. It was moved and seconded (Koenig/Norris) to approve the renewal application for Cables Estes, LLC, dba Cables Pub & Grill, 451 S. St. Vrain Avenue, Hotel & Restaurant License, and it passed unanimously. 4. TRANSFER OF OWNERSHIP — FROM STANLEY VILLAGE SHOPPING CENTER, LLC TO VILLAGE WOOD FIRED PIZZA LLC, DBA THE VILLAGE, 543 BIG THOMPSON AVENUE, BEER & WINE LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current Beer and Wine liquor license. All required paperwork and fees were submitted and a temporary was issued on August 25, 2015. T.I.P.S. training has not been schedule. The policy requires everyone to be T.I.P.S. trained and to id all patrons. Id scanners will be used by the servers in the future. It was moved and seconded (Holcomb/Norris) to approve the transfer from Stanley Village Shopping Center, LLC to Village Wood Fired Pizza LLC, dba The Village, 543 Big Thompson Avenue, Beer & Wine Liquor License, and it passed unanimously. 4. ACTION ITEMS: 1. PUBLIC HEARING — GRANT CLOSE OUT FOR FISH CREEK UTILITIES, WINDCLIFF UTILITIES, AND FISH CREEK RESILIENCY PLAN CDBG-DR GRANTS. Mayor Pinkham opened a public hearing for each of the three grant agreements for HUD Community Development Block Grant — Disaster Recovery (CDBG-DR) funded projects. • Permanent repairs of utilities infrastructure located in the Windcliff subdivision. CDBG-DR supported the Town's 12.5°lo cost share portion of FEMA funding with a grant award of $31,996. The grant supported engineering and construction. The Light & Power crew rerouted the underground power to a less steep area; therefore, mitigating future landslides from heavy rains. Hearing no comments Mayor Pinkham closed the public hearing. • Permanent repairs of utilities infrastructure on Fish Creek. CDBG-DR supported the Town's 12.5% cost share portion of FEMA funding with a grant award of $172,757 and an additional grant award of $27,000 for a total of $199,757. The project included repairs of the Town's water and electrical lines within the Fish Creek corridor project. The construction began January 2015 and has not been completed. The project was a collaboration with Larimer County, Upper Thompson Sanitation District, Estes Valley Recreation and Park District, and the Town of Estes Park. Hearing no comments Mayor Pinkham closed the public hearing. • Fish Creek Plan for Resiliency (master plan). The $74,900 grant award supported two task: Task 5 Conceptual Design and Management Framework and Task 6 Prioritize Projects. The long-term plan would address resiliency and mitigation along the Fish Creek corridor. The Town expended $58,300 on the tasks. The additional funds from the Colorado Water Conservation Board (SWCB) supported other tasks. Hearing no comments Mayor Pinkham closed the public hearing. No action was required for the public hearings to close out the projects. 2. ORDINANCE #15-15 EXTENDING INTERIM FLOODPLAIN REGULATIONS. The proposed Ordinance would extend the provisions enacted by the adoption of Ordinance #13-13 after the flood to allow permanent construction such as new dwellings using the best available information at the time a building permit and floodplain permit are reviewed. The provisions are interim measures Board of Trustees — October 27, 2015 — Page 5 pending flood recovery mapping and/or river restoration. Ordinance #15-15 replaces Ordinance #16-14 and would take effect immediately upon adoption by the Town Board and continue through November 8, 2016. It was moved and seconded (Ericson/Phipps) to approve Ordinance #15-15 to extend the temporary floodplain development requirements for development on lots adjacent to drainages, and it passed unanimously. 3. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR THE COMMUNITY CENTER. Assistant Town Administrator Machalek presented an MOU establishing the terms, conditions and obligations regarding the financing, design, construction, ownership and operation of the Community Center between the Estes Valley Recreation and Park District and its partners, including the Town of Estes Park, Estes Park School District R-3, Hospital and Estes Valley Public Library. If Ballot Issues 4C and 4D do not pass during the November 3, 2015 election, the MOU would terminate. If the Ballot Issues are approved by the voters, the MOU shall remain in effect until the earlier of May 31, 2016 or the execution by all parties of a new agreement replacing the MOU outlining the full details of the project. Trustee Ericson requested the new agreement be completed by March 31, 2016. Johanna Darden/Town citizen stated concern with the inclusion of the Destination Wellness Center as a party to the agreement. The Community Center should not be marketed to the tourist visiting the town. If the ballot issues are passed the taxes and the use fees would be expensive for the residents of the community. After discussion, it was moved and seconded (Phipps/Ericson) to approve the Memorandum of Understanding for the Estes Park Community Center between the Estes Valley Recreation and Park District and the Town of Estes Park contingent upon the following changes: 1) change Destination Wellness Center to the Estes Park Medical Center throughout the document; and 2) update all reference to Community Recreation Center to Community Center, and it passed unanimously. 4. TRANSPORTATION ADVISORY BOARD INTERVIEW PANEL SELECTION. Trustees Ericson and Holcomb volunteered to conduct the interviews for the vacant position on the board. It was moved and seconded (Norris/Koenig) to appoint Trustees Ericson and Holcomb to the Transportation Advisory Board interview panel, and it passed unanimously. 5. DOWNTOWN PLAN STEERING COMMITTEE INTERVIEW PANEL SELECTION. Director Chilcott requested the item be delayed because staff would not be able to move forward with the Downtown Plan and the expedited Stanley Lot 4 Special Review. Staff would bring the item forward to a future Town Board meeting. Whereupon Mayor Pinkham adjourned the meeting at 8:50 p.m. F William C. Pinkham, Mayor cckie Williamson, Town Clerk