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HomeMy WebLinkAboutMINUTES Town Board 2015-06-23Town of Estes Park, Larimer County, Colorado, June 23, 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 23rd day of June 2015. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Ward Nelson Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Randy Williams, Assistant Town Attorney Jackie Williamson, Town Clerk Absent: Bob Holcomb, Trustee Greg White, Town Attorney Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. SWEARING IN: Town Clerk Williamson performed the swearing in of Officer Plassmeyer. PROCLAMATION: Mayor Pinkham proclaimed July 6 — 12, 2015 as "Rooftop Rodeo Week". The Mayor encouraged all to attend the rodeo. PUBLIC COMMENTS. Pat Newsom/Town citizen informed the Board of the dangers created by the Dairy Queen (East Riverside Drive) parking lot north exit and the need to sign the driveway as an exit only for vehicles pulling off of Elkhorn Avenue. TRUSTEE COMMENTS. Trustee Ericson stated the Community Development/Community Services Committee would meet on June 25, 2015 at 8:00 a.m. in the Board Room. The Town Board would hold a study session on June 25, 2015 to discuss the 2016 strategic planning and to begin the budgeting process. He stated the meeting would be open to the public. Trustee Nelson agreed with Mrs. Newson's observations at the East Riverside Drive parking lot and would request staff review the access in and out of the lot. Trustee Phipps commented the Estes Valley Planning Commission meeting was cancelled for June. He thanked the Parks division for the beautiful plantings downtown. Mayor Pro Tem Koenig stated the Rooftop Rodeo has a new stock contractor this year and has seen an increase in entries. She complimented the Western Heritage organization for their efforts in improving the rodeo and thanked the downtown businesses for their support of the event. Trustee Norris noted individuals are driving too fast on Hwy 34 and passing cars on the right which can be dangerous. He reviewed the highlights from this year's CML conference: Local broadband — Top 5 issue in the region with DOLA providing limited funding currently; Economic Development of Small Communities — workforce housing widespread need, downtown visioning, and consider different sets of incentives for large and medium businesses versus small businesses; Growing Primary Jobs — small Board of Trustees — June 23, 2015 — Page 2 communities to seek knowledge jobs; and Climate Change and Community Resilience — State creating a risk and vulnerability assessment tool and a list of best practices. Mayor Pinkham thanked staff that provided support for the Estes Park Marathon which had approximately 1,000 participants. The Town is a co -applicant for the Go NoCo RTA application that includes the Stanley Hotel and Stanley Village. The final application would be submitted to the State in October with a final decision in December. He thanked Charley Dickey for joining the Board and his efforts to date. A number of ribbon cutting have also taken place for the new George Hix memorial sculpture, the outdoor beer garden (The Barrel), and the Stanley Hotel maze. TOWN ADMINISTRATOR REPORT. • The intersection of Hwy 34/36 has been restriped along Hwy 36 to alter the right left turn lane to allow cars to travel straight through the intersection as well as turn left. This should add capacity to the intersection. • The Estes Valley Recreation and Park District requested time at the July 14, 2015 Town Board Study Session to provide an update on the Community Center. The Board agreed to add the item to the agenda on the 14th • The Downtown Plan RPF continues to be developed; however, staff requested direction from the Board on the inclusion of the mostly residential area north of the downtown. Discussion followed: Trustee Nelson requested inclusion of the area in order to allow their participation in the process; Trustee Phipps stated opposition to including the area; Trustee Ericson would suggest consistency be created with the plan and possible future EPURA or DDA and suggested the inclusion of Lot 4 and Stanley Village; and Trustee Norris and Mayor Pro Tem Koenig would not include the residential area and stated concern of the implication of including the residential properties and possible cost implication of including a wider area. The Board requested the item be further discussed at the July 14, 2015 study session and be provided in advance a better understanding of the cost implications. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 9, 2015 and Town Board Study Session Minutes dated June 9, 2015. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities & Public Works Committee, June 11, 2015: 1. Purchase GMC 3500 Sierra Truck, Markley Motors - $35,748, Budgeted. * 4. Transportation Advisory Board Minutes dated May 20, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated May 8, 2015 (acknowledgement only). Trustee Ericson request the removal of Consent Item #5. It was moved and seconded (Koenig/Norris) to approve the Consent Agenda Items 1-4, and it passed unanimously. Consent Item 5: Parks Advisory Board Minutes dated May 8, 2015: Trustee Ericson requested clarification on the number of Park Advisory Board members as the meeting minutes outline six member while he understood there to be seven member. It was moved and seconded (Norris/Ericson) to approve the Consent Agenda Item 5, and it passed unanimously. Board of Trustees — June 23, 2015 — Page 3 2. LIQUOR ITEMS 1. TRANSFER OF OWNERSHIP — FROM CARL E. SCOTT DBA COFFEE ON THE ROCKS TO COFFEE ON THE ROCKS LLC DBA COFFEE ON THE ROCKS, 510 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current Tavern liquor license. All required paperwork and fees were submitted and a temporary was issued on May 21, 2015. TIPS training has been completed. It was moved and seconded (Koenig/Phipps) to approve the transfer from Carl E. Scott dba Coffee On The Rocks to Coffee On The Rocks LLC dba Coffee On The Rocks, 510 Moraine Avenue, Tavern Liquor License, and it passed unanimously. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEM: A. SUPPLEMENTAL CONDOMINIUM MAP #8, PHASE IX - Stone Bridge Estates Condominiums, 1185 Fish Creek Road, Hanson Holdings, LLC/Applicant. Planner Kleisler. B. AMENDED DEVELOPMENT AGREEMENT — Lot 7, Marys Lake Subdivision Replat, TBD Kiowa Court; Greg Coffman/Applicant. Item withdrawn by the applicant. It was moved and seconded (Koenig/Norris) to approve the Consent Agenda with the Estes Valley Planning Commission recommendations, and it passed unanimously. 4. ACTION ITEMS: 1. ORDINANCE #10-15 AMENDING MUNICIPAL CODE 10.15.010 REGARDING RECREATIONAL VEHICLES. Chief Kufeld stated staff has received requests from residents to extend the hours a recreational vehicle can be parked on the public right-of-way to allow individuals to prepare for the departure or return from vacations. Staff recommended increasing the current regulation from 18 hours to 48 hours. The proposed Ordinance would continue to restrict parking of recreational vehicles on Town owned property, including parking lots, to 18 hours. Attorney Williams read the Ordinance. It was moved and seconded (Ericson/Koenig) to approve Ordinance #10-15, and it passed unanimously. 2. ORDINANCE #11-15 AMENDING MUNICIPAL CODE 9.18.20 REGARDING BICYCLES. Chief Kufeld stated the current Town ordinances prohibit bicycles from traveling through municipal parking lots and the Town's Transportation Center at the fairgrounds. Staff recommends amending the ordinance to allow bicycles; however, continue to prohibit them along sidewalks, the Riverwalk and specific locations as outlined in the Municipal code. Attorney Williams read the Ordinance. It was moved and seconded (Norris/Nelson) to approve Ordinance #11-15, and it passed unanimously. 3. SELECTION OF OPTIONS FOR DRAFTING A WILDLIFE PROTECTION ORDINANCE. Staff has been working with the Bear Education Task Force since the fall of 2012 to develop and implement educational efforts to prevent bears from entering trash receptacles. Efforts have proven effective in reducing the incidents. The Estes Park Police Auxiliary Unit initiated a litter patrol in 2014 to increase enforcement efforts to support the Bear Education Task Force efforts. These efforts have reduced incidents; however, there continues to be issues with potential human/wildlife which could be reduced significantly with trash management. Police personnel spend substantial time in addressing bear related activities each year and better trash containment Board of Trustees — June 23, 2015 — Page 4 would allow officers to focus on other public safety issues. The Board agreed to consider a wildlife protection ordinance and requested a menu of options be presented. Staff has reviewed the ordinances of other similar communities within the State and developed options for the Board's consideration as it relates to residential, commercial and special event trash management. With direction from the Board, staff would prepare a draft ordinance for the Board and public review before final adoption later this summer. Staff recommended a period of education on any new regulations prior to enforcement beginning in 2016. Chief Kufeld reviewed the menu options. Board discussion followed and has been summarized: questioned if there have been issues with containers with four sides and a top; concerned with the 7:00 a.m. regulation as a number of citizens leave town earlier to travel to work down in the valley and have the same concern for the 7:00 p.m. requirement for trash cans to be removed; suggested the hours trash can be left out be extended to no more than 24 hours; questioned how many warnings a property owner may receive before a violation would be issued; how would public trash containers be addressed in the new ordinance; are there grant opportunities to help defray the cost of residential trash containers; and would the County adopt similar regulations for properties in the unincorporated areas of the valley. Larry Rogstad/Dept of Wildlife stated the Bear Education Task Force has been working toward a common goal to reduce conflict in the valley. He stated the same discussion continues to be had throughout other Colorado communities. Some of these communities have passed stringent regulations. Each community needs to develop regulations that work for their community, stating one size does not fit all. He commented the County's involvement in the process would be integral to the success of the ordinance. Paul Brown/Town resident commented the bear sighting map does not demonstrate bear issues in his neighborhood; however the proposed options would require he obtain a wildlife -resistant container. Construction trash has not been an issue in the past and should not be required to have a special container. He questioned why vacation rentals are exempt from having a special container. He asserted the Police would be busier with the passage of the ordinance as they would have to enforce the new regulations. Michael Whitley/Larimer County Planning and Bear Education Task Force member stated Commissioner Donnelly supports the recommendations and would be open to discussing the adoption of similar regulations in the County. He would like to Town to take the lead on the issue for the community and then adopt a consistent regulation for the valley. Jim Sweeney/County citizen applauded the efforts of the Bear Education Task Force and would support the wildlife protection ordinance. Sid Doering/Doering Disposal commented he does not disagree with the proposed regulations; however, he stated concern with the residential requirements. He suggested the regulation allow individuals to leave a trash can attached to a post during the week. This would allow individuals to place their bag in the can in the morning of trash pickup. His company has been picking up trash for the Town for years and has encountered bears in the downtown area at all times of the day and especially in areas that are not well lit such as Performance Park and the Riverwalk. The public cans contain a lot of residential trash that attract the bears and other animals. It was moved and seconded (Norris/Nelson) to approve the drafting of a wildlife protection ordinance to include staffs recommended options for trash containment requirements and consider the public input tonight and input received during the drafting of the ordinance, and it passed unanimously. Board of Trustees — June 23, 2015 — Page 5 4. COST SHARE FOR CDOT BARNES DANCE STUDY. In an effort to address the ongoing complaints the current traffic and pedestrian configuration is delaying traffic downtown, staff contacted CDOT to conduct a study during July 2015. The study would be a direct comparative study with the Barnes Dance signal timing and conventional signal timing of the Elkhorn/Moraine intersection on Saturdays, July 11th and July 18th. The Board requested staff ask CDOT to expand the study by two additional weekends to evaluate the effectiveness of utilizing CSO personnel to actively enforce traffic and pedestrian compliance with traffic and crosswalk signal commands during peak traffic periods. CDOT solicited a fee proposal for the proposed four week study and received a response of $60,637, double the initial two week cost of $30,318. CDOT requests the Town fund the additional expense of the four week study. Staff recommends foregoing the additional two week study and support CDOT's two weekend study to be funded solely by CDOT and engage the CSOs for two of the 4 hours each weekend to demonstrate their impact on traffic flow. It was moved and seconded (Koenig/Phipps) to extend the meeting until the agenda is complete, and it passed unanimously. Joe Holtzman/Town citizen stated the Barnes Dance was used after football games that moved large numbers of pedestrians. He would support the use of the dance in downtown. After further discussion, it was moved and seconded (Norris/Phipps) to approve staff's option to approve the CDOT two weekend study and engage the CSO personnel for two hours during each of the four hour studies on July 11 and July 18 at no additional cost to the Town, and it passed unanimously. 5. BOARD OF APPEALS - REAPPOINTMENT OF ANTHONY SCHIAFFO. The Board of Appeals was modified in 2013 with the adoption of the 2009 International Building Code which requires 5 members with specific technical qualifications. Five members were appointed with staggered terms. Anthony (Tony) Schiaffo's appointment expired in May 2015. Staff recommended foregoing advertisement for the technical position and reappoint Mr. Schiaffo for an additional 5-year term. It was moved and seconded (Norris/Ericson) to approve the reappointment of Anthony (Tony) Schiaffo to the Board of Appeals beginning July 1, 2015 for a term expiring on May 1, 2020, and it passed unanimously. 6. LOCAL MARKETING DISTRICT (LMD) BOARD APPOINTMENT. Trustees Norris and Holcomb along with LMD Board Members Webermeier and Shake interviewed candidates for the vacancy created when Lynette Lott moved outside the district boundary. The interview team recommended the appointment of Steve Kruger to complete the term of Lynette Lott through 2015 and a four-year term expiring December 31, 2019. Bill Almond/ LMD Board thanked the Town for their commitment to the success of the district. It was moved and seconded (Norris/Phipps) to approve the appointment of Steve Kruger to the Local Marketing District beginning July 1, 2015 completing Lynette Loft's term and an additional 4-year term beginning January 1, 2016 — December 31, 2019, and it passed unanimously. 7. SECOND AMENDMENT TO YOUTH CENTER AGREEMENT. Town Clerk Williamson stated the IGA with the Estes Valley Recreation and Park District for the operation of the Youth Center expires on June 30, 2015. Staff recommends entering into a second amendment to the agreement to extend the Agreement through December 31, 2015 to allow the agreement to be thoroughly reviewed and recommend changes to address current operational Board of Trustees — June 23, 2015 — Page 6 conditions such as property and liability issues. It was moved and seconded (Koenig/Nelson) to approve the Second Amendment to the Intergovernmental Agreement between the Town and the Estes Valley Recreation and Park District for the operation of the Youth Center, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 10:1 Jak L 'e Williamson, Town Clerk p.m. i iam C. Pinkham, Mayor * Editor's Note: Consent Agenda Item #3a1 was misstated and is corrected to read as fol lows: 1. Purchase Chevrolet Silverado 3500 Series Truck, Dellenbach Motors - $35,748, Budgeted.