HomeMy WebLinkAboutMINUTES Town Board 2015-05-12Town ofEstes Park, LurnlerCounty, Colorado, May 12.2O15
Minutes of Regular meeting of the Board of Trustees of the Town of Estee
Pork, L8hnOer County, Colorado. Meeting held in the Town Hall in said Town
ofEstes Park onthe 12mday ufMay 2U15.
Present:
Also Present:
William C.Finkham.Mayor
Wendy Koenig, Mayor Pro Tern
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis W1ooha|ek. Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Numa
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge ofAllegiance.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Norris commented the Public Safety, Utilities and Public Works Committee
meeting has been cancelled for May 14th and the next meeting would be held on June
11m. The |oom| hand radio club has been granted non-profit status. Visit Estes Park
(VEP)has anopening onits board and applications are being accepted. VEPhas been
in discussions with the State as itrelates hovacation homes not remitting taxes. The
Town would hold e public meeting on May 14m to discuss changes to the vacation
home regulations. Community Development and the Bear Education Task Force are
working to coordinate efforts related to a new wildlife code and vacation rentals.
Trustee Holcomb recognized the Community Services staff for the gymnastics meet.
The organizers of the event were pleased with the facility and the staff cooperation. He
would encourage obeff to book more events of this typo which provide a number of
lodging guests and guests atother facilities such aorestaurants.
Trustee Nelson commented sales tax throughout Larimer County has been up for 2015.
The Open Lands Advisory Board has benefited and has u healthy fund balance. The
Board continues howork onthe Big Thompson Master Plan which should be complete
bythe end ofthe summer. The Estes Park Community Gardens was awarded anOpen
Lands community grant.
Trustee Ericson repeated the invitation for the public to attend the May 14mpublic forum
on vacation home regulations. The Transportation Advisory Board would meet on May
2Omadnoon inTown Hall. Their discussions have been focused onthe development of
e master parking plan. The Town Board would begin the strategic planning prno*ey in
June.
Mayor Pinkhamthmnked the Special Event staff for awonderful open house for the
Event Center on May 8 th.
TOWN ADMINISTRATOR REPORT.
The Regional Transportation District (RTO)was organized in 1909and is regional
authority operating public transit services in eight of twelve counties in the Denver-
Board of Trustees — May 12, 2015 — Page 2
Aurora -Boulder Combined Statistical Area in Colorado. RTD currently services areas in
Longmont, Lyons and Nederland in Boulder County. In order for the Town to be served
by RTD the Town must be annexed into the district. Three essential criteria for any
annexation are (1) the land must be contiguous to the district; (2) a petition submitted
with 100% of the landowners of the area, or there is a successful annexation election
following the petition or county commissioner election process set forth in the statute;
and (3) the RTD Board of Directors agrees to the annexation. The county would be a
party involved in the petition and would have to be willing to address the issue. The
area annexed would be subject to a sales tax and would not be guaranteed bus
services. After further discussion the Board consensus was not to move forward with
discussions at this time.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 28, 2015 and Town Board Study Session
Minutes dated April 28, 2015.
2. Bills.
3. Committee Minutes:
a. Community Development & Community Services Committee, April 23,
2015.
1. 2015 Shuttle Services Contract with Rocky Mountain Transit
Management (McDonald Transit).
4. Estes Park Board of Appeals Minutes dated January 8, 2015, February 5,
2015, March 12, 2015, March 26, 2015 and April 2, 2015.
It was moved and seconded (Koenig/Norris) to approve the Consent Agenda
Items 2, 3, and 4, and it passed unanimously.
Consent Agenda Item 1.1 Town Board Minutes dated April 28, 2015 and Town
Board Study Session Minutes dated April 28, 2015: Trustee Holcomb requested the
following be added to the Town Board minutes under Action Item 3.1 - Trustee Norris
and Holcomb expressed the opinion the approved rate increases are a step in the right
direction in order to achieve and maintain reliable supply of safe drinking water for
residents. The pipe replacement schedule needs to be accelerated and perhaps
additional treatment facilities may need to be constructed. To achieve these strategic
infrastructure goals additional rate increases are likely to be required in the future. It
was moved and seconded (Holcomb/Norris) to approve the Consent Agenda Item
1.1 with the amendments to the Town Board meeting minutes as identified, and it
passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP — FROM HESS ENTERPRISES, INC., DBA
HUNTERS CHOPHOUSE, TO LOTUS GLOBAL INC., DBA HUNTERS
CHOPHOUSE, 1690 BIG THOMPSON AVENUE, HOTEL & RESTAURANT
LIQUOR LICENSE. Town Clerk Williamson presented the application to
transfer the current Hotel and Restaurant liquor license. All required paperwork
and fees were submitted and a temporary was issued on April 3, 2015. TIPS
training to be completed in June once all the staff has been hired. It was
moved and seconded (Koenig/Phipps) to approve Hess Enterprises, Inc.,
dba Hunters Chophouse, to Lotus Global, Inc., dba Hunters Chophouse,
1690 Big Thompson Avenue, Hotel & Restaurant Liquor License, and it
passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
Board of Trustees — May 12, 2015 — Page 3
1. ACTION ITEM:
A. ORDINANCE #04-15, Rezoning from E Estate to R-2 Two -Family
Residential, Lot 4, Twin View Resubdivision, 1650 Avalon Drive, Cindy
Younglund-Liddell & Robert Liddell/Applicant. Mayor Pro Tem Koenig
recused herself from the item. Planner Kleisler stated the property was
rezoned during the valley wide rezoning from R-1 One and Two Family
Residential to E Estate Single Family zoning. During the rezoning the R-1
zoning district was eliminated. The property has historically been used as
a seasonal B&B. The B&B use was prohibited in the E zoning district in
2010, rendering the use of the property non -conforming. The applicant
has not had a business license to operate an accommodation on the
property; however, they have collected and remitted all taxes. The
applicant has requested the property be rezoned from E Estate to R-2
Two -Family Residential. Approval would grant the property owner
additional land use rights to covert the single family dwelling into a duplex.
The rezoning would contradict the Estes Valley Comprehensive Plan and
may negatively impact the neighborhood. The Estes Valley Planning
Commission unanimously recommended conditional approval of the
rezoning at their March 17, 2015 meeting. The B&B use would continue
to be non -conforming and would require a Special Review be approved to
grant a use by right.
Cindy Younglund-Liddell stated they recently discovered their property
was rezoned in 1999 and were unaware the use as a B&B was no longer
allowed as a use by right.
Attorney White read the Ordinance. It was moved and seconded
(Norris/Phipps) to approve Ordinance #04-15 rezoning Lot 4, Twin
View Resubdivision, 1650 Avalon Drive from E Estate to R-2 Two -
Family Residential zoning with staff findings, and it passed with Mayor
Pro Tem Koenig recusing herself.
B. ORDINANCE #06-15, Estes Valley Development Code Amendment,
Section 4.4.B, Table 4-4: Permitted Uses, Non -Residential Zoning District.
Amendment to allow small-scale pet grooming in the CD -Commercial
Downtown zone district as an accessory use to pet -related retail
establishments. Planner Kleisler reviewed the code amendments
proposed at the Town Board meeting on April 28, 2015. Staff contacted
the businesses downtown that would be adjacent to the business
requesting the change and none had an issue with the addition of animal
grooming downtown. A discussion followed on what short term boarding
would include and the 48-hour limit in the definition of Animal
Sales/Services would not apply to the CD Commercial Downtown zoning
district. After further discussion Attorney White read the Ordinance. It
was moved and seconded (Koenig/Holcomb) to approve Ordinance
#06-15, and it passed unanimously.
3. ACTION ITEMS:
1. SCOTT PONDS NATURAL AREA DAM MODIFICATIONS — APPROVAL OF
DESIGN CONSULTANT CONTRACT. The east dam in the Scott Ponds
system was breached and the west dam was damaged during the 2013 flood.
The State Dam Inspection Office visited the site multiple times and provided
the Town with a written mandate to perform maintenance work on the west
dam and have a State -compliant dam in place by November 2015. This work
would be above and beyond the FEMA reimbursable expenses to replace the
fill material and pipework that was removed by the breach. The cost to bring
the west dam up to current standards and mitigate the site damage has been
estimated at $1 million. The State Office of Emergency Management has
Board of Trustees — May 12, 2015 — Page 4
retained a private consultant to perform an Environmental Impact Assessment
of the anticipated repair work on the two dams with completion of the
assessment by the end of July 2015. The Town has applied for a CDBG-DR
grant to fund the repairs; however, the funds are not guaranteed and would not
be awarded until the EIA has been successfully completed.
The Public Works department completed an RFP for design services to
complete the Scott Ponds Natural Area Dam Modification Project, including a
Hazard Classification Study; develop conceptual designs for modification to the
dams to reduce the hazard classification of the dams and to reduce the risk of
damage to downstream properties; obtain and respond to stakeholder review
and comments, finalize design concepts, develop construction drawings and
construction specifications; and oversee and manage the construction of the
proposed dam modification work. A review team rated the four responses on
ten categories to determine the most qualified and selected Cornerstone/Deere
Ault at a cost of $204,494. The design cost would be funded through the
Larimer County Open Space funds, would not be reimbursable through the
CDBG-DR grant funds and has not been budgeted. The project would be
completed by March 2016. Mike Todd/Cornerstone Engineering stated the
work to be completed by Deere Ault would be approximately $85,000 of the
$204,494.
Joe Holtzman/Town citizen stated the judicial decision stated the Town owns
junior water rights within the Scott Pond area. He stated the ponds are a
wonderful asset and resource for the community. He would recommend
approval of the contract.
Rebecca Power/Town citizen appreciated the process and Town staff listening
to the public comment. The area is a valuable asset to the community.
It was moved and seconded (Norris/Koenig) to approve a professional
contract with Cornerstone Engineering & Surveying/Deere Ault for the
Scott Ponds Natural Area Dam Modification: Hazard Classification and
Consulting Engineering Service for a cost not to exceed $204,494, and it
passed unanimously.
2. ORDINANCE #07-15 LEASE OF THE HYDRO PLANT PICNIC GROUNDS
(VICKIE O'CONNOR PAVILLION). Director Winslow presented the Board with
a lease agreement between the Town and Mike and Kathy Miller to operate the
Hydro Plant Picnic Ground and Vickie O'Connor Pavilion. The lease provides
the Town with 15% of the gross proceeds for the lease of the property. The
advantages to leasing the property also include better customer service, a new
business opportunity and frees up staff time to complete other duties. The
Millers have presented in their response a number on new ideas they would
like to discuss with the Board as they move forward to enhance the services
and utilization of the property. There would be further discussion of the
proposed ideas at an upcoming Community Development/Community Services
Committee meeting. The current contract would not be contingent on approval
of future uses.
Kathy Miller managed the View Restaurant for over 20 years and was a
founder and president of the wedding association. Mrs. Miller has been looking
for a wedding venue and would focus the business on conducting weddings on
site, not receptions. The area would still be available for Town functions,
reunions, picnic events, etc.
Attorney White read the Ordinance. It was moved and seconded
(Koenig/Holcomb) to approve Ordinance #07-15, and it passed unanimously.
3. ORDINANCE #08-15 ART IN PUBLIC PLACES. Director Muhonen stated the
proposed ordinance would establish the authority for a new Art in the Public
Board of Trustees — May 12, 2015 — Page 5
Places and the policy would provide the structure. Parks Supervisor Berg
stated one of the 2015 Board Objectives was to develop a method for
accepting public art, memorials and donations. The Parks Advisory Board
(PAB) reviewed policies from a number of other local communities and utilized
the best practices. The proposed ordinance and policy would guide decision -
making associated with the selection, acquisition, purchase, commissioning,
placement, installation and maintenance of public works of art. The PAB has
established the proposal for the Board's review and consideration. Merle
Moore/PAB member presented the ordinance and policy. The PAB would
prepare a budget during the annual budget process for the Town Board to
review and approve for the purchase, installation and maintenance of artwork
throughout town.
Mayor Pro Tem Koenig stated concern with the submission requirements within
the policy as it appears to limit new artists from submitting a piece of art. She
would request the language be updated to allow new artists. The policy states
the Town would carry $3,000 in liability insurance and the artist would have to
agree to the limit for temporary art exhibits. She stated concern this policy
would limit the quality of work that would be shown. She would recommend the
insurance limit be increased. She suggested a summary page be produced to
provide an easy to follow document as the policy is rather complex and
cumbersome to read.
Mr. Moore stated the policy is complex as it includes information to address
issues related to litigation. Supervisor Berg stated the PAB would review if a
piece of artwork fits the policy and then bring it forward to the Town Board for
final approval. A donated piece would not be guaranteed to be displayed. The
PAB would recommend a map be created in the future for residents and guests
to complete an artwork through town.
Administrator Lancaster stated the policy would be administrative and
approved by staff. The changes requested would be included in the final
document and staff would review the policy before its final adoption.
Attorney White read the Ordinance. It was moved and seconded
(Ericson/Holcomb) to approve Ordinance #08-15, and it passed unanimously.
4. LOCAL MARKETING DISTRICT INTERVIEW TEAM APPOINTMENTS.
It was moved and seconded (Koenig/Holcomb) to appointment Trustees
Norris and Holcomb to the Local Marketing District Board Interview Panel,
and it passed unanimously.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Norris) to enter into executive session
for the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, Town Administrator contract, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 9:06 p.m.
Mayor Pinkham reconvened the meeting to open session at 9:51 p.m.
Whereupon Mayor Pinkham adjourned the mee ing at 9:51 p.m.
illiam C. Pinkham, Mayor
�• -_� . o
Jie Williamson, Town Clerk