HomeMy WebLinkAboutMINUTES Town Board 2015-03-24Town of Estes Park, Larimer County, Colorado, March 24, 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 24th day of March 2015.
Present:
Also Present:
William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: John Ericson
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 the month of April as the Month of the Young Child.
GRADUATION CEREMONY: 2015 CITIZENS INFORMATION ACADEMY (CIA).
Mayor Pinkham, Town Administrator Lancaster and Public Information Officer Rusch
presented participation certificates to class members and thanked them for their
participation.
Robert Brunson
Chris Carey
David Ciani
Wendy Corcoran
James Cozzie
Denali Davidson
Elizabeth Fogarty
Phil Frank
Phil Kleisler
Patricia Krause
Tina Kurtz
Richard Life
Sandra Life
Kim McEachern
Jessica McGee
Catherine Moon
Michael Moon
Greg Muhonen
Jeanne Nydegger
Joyce Paxton
Emily Pugh
Wes Reichardt
Adam Shake
Suzanna Simpson
Julie Skelton
Susan Stalfort
David White
PUBLIC COMMENTS.
Joanna Darden/Town citizen read a prepared statement related to the name change of
the Wellness Center from the EPMC/Anschutz Wellness Center to EPMC/Aspire
Wellness Center.
Cory LaBianca/Town citizen read a prepared statement encouraging the Board to take
into consideration all views and aspects of the community for upcoming projects, not
just the economic aspects.
Matthew Heiser/Town citizen questioned the expedited review process being afforded
to the Stanley project while the other two applications heard at the recent Planning
Commission would be heard at the second Town Board meeting in April.
TRUSTEE COMMENTS.
Trustee Holcomb stated the Park Advisory Board reviewed the Arts in Public Places
policy at their March 20th meeting and would bring the policy forward to the Town Board
in April. He thanked everyone involved in the melodramas over the years stating the
shows have raised over $55,000 for charities in Estes Park.
Board of Trustees — March 24, 2015 — Page 2
Trustee Norris commented Chief Kufeld met with the Bear Task Force to discuss
options for a wildlife ordinance. He reminded the community that April is Estes Cares
About Bears month.
TOWN ADMINISTRATOR REPORT.
Policy Governance Quarterly Report:
• Reported overall compliance with Policies 3.1 through 3.11 with a few exceptions.
0 3.5.2 — Reported facilities maintenance and procedures need review and
revision. The Facilities Maintenance position would be filled in 2015 to begin
addressing the issues.
0 3.10.4 — Reported non-compliance. The capital asset management plan has
not been worked on since the departure of the Deputy Town Administrator and
the flood. The item has been reassigned to Finance Director McFarland and a
new plan would be forthcoming by the end of the year.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 10, 2015 and Town Board Study Session
Minutes dated March 10, 2015.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities & Public Works Committee, March 12, 2015.
1. Contract with Kinley Built to remodel water laboratory on Elm Road,
$79,250 — Budgeted.
2. Sherman Reilly four -drum wire puller - $140,895 — Budgeted.
4. Transportation Advisory Board Minutes dated February 18, 2015
(acknowledgement only).
5. Parks Advisory Board Minutes dated February 19, 2015 (acknowledgement
only).
6. Estes Valley Planning Commission Minutes dated February 17, 2015
(acknowledgement only).
7. Amendment to Administrator Lancaster's contract of April 4, 2015 to extend
the contract to June 30, 2015.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it
passed unanimously.
2. LIQUOR ITEMS:
1. NEW LIQUOR LICENSE - THE BARREL, LLC, 112-120 E. ELKHORN
AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the
application for a new Tavern liquor license by The Barrel, LLC. All necessary
paperwork and fees were submitted and TIPS training has been scheduled.
The application was filed as a concurrent review with the Town and the
Department of Revenue. Louis and Ingrid Bush/applicants were present and
provided an overview of their new business located on the pad of the old Park
Theater mall site. The applicant has proposed the installation of two pre-
fabricated structures on the site housing the tavern and portable restroom
facility. The structures would be permanently attached to the slab with outdoor
seating. The applicant received a variance from the Board of Adjustment to the
containment requirements in the Estes Valley Development Code which
requires all activity to be wholly contained within the interior of a building or
Board of Trustees — March 24, 2015 — Page 3
permanent structure. The business will be seasonal with anticipated operation
hours to be May through November pending weather.
Those speaking in favor of the license included Adam Shake/Town citizen and
Estes Performance Inc. member, Charley Dickey/Town citizen and business
owner, Ken Smith/Town citizen and business owner, and Judy Schreiber/Town
citizen. Comments included full support for a business at the location rather
than an empty slab in the middle of downtown, the business would bring
people to Estes Park and provide a new experience, the business would
benefit the retail businesses downtown, a new product downtown would be
beneficial, fits the recent changes made to the Development Code to allow
micro -breweries in town, and would provide a place for family members to rest
while others shop downtown.
Those speaking against the issuance of a new license included Steve
Nagl/Wheel Bar, Scott Jandrain/Caramel Crisp, Dave Callahan/Lonigans, Ty
Nagl/Wheel Bar, and Tony Paglia/Locals. Needs and desires of the
neighborhood have been met by the current 29 outlets, therefore, a new
license should not be approved. The applicants have not proven the need and
would create undue competition for the current licenses. Concern was heard
over the variance approved by the Board of Adjustment, safety and security of
the open business, food concession, sanitation of the portable restrooms, and
the temporary nature of the business. The new business will dilute the tax
base and not increase it overall.
After further discussion, it was moved and seconded (Holcomb/Nelson) to
approve The Barrel LLC dba The Barrel, 112-120 E. Elkhorn Avenue for a
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, Park River West
Condominiums, Supplemental Condominium Map Phase XXVII, Lot 2,
Park River West Subdivision; Condominiumize Units 600 & 602 Park
River Place; Rich Willie Trust/Applicant. Planner Kleisler.
B. AMENDED DEVELOPMENT AGREEMENT - Marys Lake Subdivision
Replat, TBD Kiowa Court; Marys Meadow Development/Applicant.
Applicant requested continuance to the April 28, 2015.
It was moved and seconded (Norris/Koenig) to approve the Consent
Agenda with the Estes Valley Planning Commission
recommendations, and it passed unanimously.
2. ACTION ITEMS:
A. SPECIAL REVIEW - ASPIRE WELLNESS COMPLEX AT THE STANLEY
- AMENDED SPECIAL REVIEW #2014-01B, Stanley Historic District
Subdivision, TBD Steamer Drive; Greg Rosener/Applicant. Planner
Kleisler reviewed the application stating the development plan approved in
2014 proposed the construction of a Wellness Center and
Accommodations-1 building first, with the Accommodations-2 building only
labeled as a future phase. Through the development of the Wellness
Center programming it was determined the original design was not
optimal; therefore, the applicant has redesigned the buildings to combine
the structure into one. The applicant would request the original phasing
plan be reversed to allow construction of the Accommodation-2 building
first and proposed several amendments to the approved development
Board of Trustees — March 24, 2015 — Page 4
plan: move Accommodation-2 footprint, reconfigure the driveway and
parking lot, revise the storm drainage plan, review the architectural
elevations, authorization of a height exceeding 30 feet, revisions to the
note/conditions of the development plan to reflect the reversed phasing,
and authorization of staff to administratively approve final details and
minor revisions. The Estes Valley Planning Commission voted
unanimously to recommend conditional approval of the Special Review at
their March 17, 2015 meeting. Public comment at the meeting requested
the applicant move the building further south and have the parking near
the road. The Development Code suggests screening the parking with
the building would be the preferred design.
Lucia Liley/Grand Heritage Applicant Representative reviewed the project
and stated the Planning Commission was presented an alternate option to
reduce the height to meet the 30 foot height limit. The option to move
forward with the current phase is due to the delay with phase I and the
identified need to adjoin the wellness center and accommodation building.
She reiterated it is considered best practice to have a building screen a
parking lot. Storm drainage has been altered to address upstream basins
and take storm drainage into one basin on Lot 4. Offsite parking would be
accommodated at the Stanley Hotel with transportation provided between
the sites. Extensive review of the established view corridor has been
completed to ensure the building would not impact the views. She stated
the project name has changed to the Aspire Wellness Center and
affirmed the relationships have not changed in the past 16 months. The
Estes Park Medical Center (EMPC) has enter into a contract with the
University of Colorado for the licensing and use of the Anschutz program.
Brian Herwig/CEO EPMC stated the Hospital Foundation would be
responsible for raising the funds to build the center. The hospital
continues to work with the university to build the program in Estes Park.
The Anschutz family has requested that the name be removed as the
family has not provided any funding for the project. The hospital has
signed a licensing agreement with CU for the programming.
Jill Anderson/Executive Director of the Estes Park Medical Center
Foundation stated the information has been assembled to begin seeking
public and private donors. No funds have been raised to date with $8
million needed to build the center.
Mayor Pinkham called a 10 minute break at 9:35 a.m. and reconvened the meeting at
9:45 p.m.
It was moved and seconded (Norris/Phipps) to extend the meeting to
no later than 11:00 p.m., and it was passed unanimously.
John Cullens/Stanley Hotel owner stated the Wellness Center would be
attached to the Accommodation-1 building to make the facility a year
round operation. He anticipates the Accommodation-2 building would be
completed within a year and final design and start of construction on the
Wellness Center within a year. The job creation would not change with
the reverse phasing and may increase. He stated Aspire is a Grand
Heritage brand; however the name of the center may change with
fundraising efforts.
Those speaking against the item included Edward Hayek/Town citizen
and Stanley Views HOA President, Judy Shreiber/Town citizen, Marlen
Hayek/Town citizen, Tom Shamburg/Town citizen, Doug Warner/Town
citizen, Johanna Darden/Town citizen, Christine Smith/Town citizen, Barb
Gebhardt/Town citizen, Barb and Jennifer Davis/Town citizen, and Dana
Small/Town citizen. Comments have been summarized: the 18 properties
in the HOA objected to the project and the placement of the building at the
Board of Trustees — March 24, 2015 — Page 5
highest point on the property instead of other options to mitigate
obstruction of the view corridors such as placing the parking lot next to the
road; the Wellness Center should be built first as was proposed in the
approve development plan voted on by the citizens; there has been no
significant effort by the developer to limit the effect on the adjacent
property owners; the contract to sell the property to the Stanley was not
legal and therefore the Town does not have the authority to take action on
the proposed application; property values in the area would be negatively
affected by the development; questioned the name change of the facility
from the original name outlined in the ballot question; and voters voted for
the Anschutz Wellness Center.
Charley Dickey/Town citizen questioned the 30 foot limit and the reason
for the limit. He stated it is unfortunate the revised option is the only
option being considered.
After further discussion, it was moved and seconded (Koenig/Holcomb)
to approve the Special Review #2014-01 B, with the finding and
conditions of the Estes Valley Planning Commission, and it passed
unanimously.
It was moved and seconded (Koenig/Phipps) to extend the meeting to complete the
agenda items not moved to the April 14, 2015 meeting, and it passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #02-15 VACATING UTILITY EASEMENT ON LOT 1,
THOMPSON'S PINEWOOD ACRES RESUBDIVISION. Item continued to the
April 14, 2015 meeting.
2. ESTES PARK TRANSIT HUB PARKING STRUCTURE DESIGN REVISION
ALTERNATIVE SELECTION. Director Muhonen stated staff launched the
feasibility investigation of the south lot as directed by the Town Board in
December 2014 meeting with the primary project funder Federal Transit
Administration (FTA) and the Bureau of Reclamation (BoR) who owns most of
the south parking lot. BoR was supportive and the FTA was reluctant to
support the south lot proposal. FTA directed staff to explore alternative design
options for the north parking lot per the terms of the original grant application.
Several new placement options for the north lot were discussed. Staff
presented a screening matrix and conceptual sketches for 13 parking structure
options (11 on the north site and 2 on the south site) to FTA and the
Transportation Advisory Board (TAB). All evaluated options would exceed the
existing budgeted funds. On March 6, 2015, FTA sent conditional support of
relocating the parking structure to the south lot. Adding additional parking at
the Visitor Center will compound an existing shortage of restrooms at this
location. This issue should be addressed as part of the project. Staff
recommends the Town redesign and build a two level parking structure on the
south parking lot utilizing existing funds. The location remains the preferred
site due to highway access, cost per stall and no impact to existing utilities,
private property, or buildings that would occur on the north side. The south
location would create 96 new spaces for an estimated increased cost of
$750,000. Staff would request an additional $200,000 to expand the current
restroom facilities at the Visitor Center. Staff requests authorization to pursue
FTA and BoR approval of a parking structure to the south of the Visitor Center
that can be built for the revised remaining budget amount not to exceed
$5,024,671. If unsuccessful in obtaining approval, staff would redesign and bid
a smaller parking garage on the north parking lot.
Charley Dickey/Town citizen thanked staff for the forethought to investigate the
parking structure on the south parking lot.
Board of Trustees — March 24, 2015 — Page 6
It was moved and seconded (Norris/Koenig) to approve staff
recommendation to redesign and bid a new parking structure on the
south Visitor Center parking lot as approved by FTA and the BoR and
earmark an additional $750,000 for the parking garage and $200,000 for
additional restroom facilities at the Visitor Center, and it passed
unanimously.
3. RESOLUTION #09-15 SUPPORT FOR THE FISH CREEK PLAN FOR
RESILIENCY (MASTER) PLAN. Planner Kurtz presented a resolution of
support for the Fish Creek Plan for Resiliency, which no longer includes the
Scott Ponds Natural Area project. Formal Board support of the plan would
significantly strengthen the ability of the Town and the Estes Valley Watershed
Coalition to obtain grant funds to implement river restoration and resiliency
projects.
Tony Schetszle/Town citizen congratulated the Town for developing a working
solution to address the Scott Pond Natural area.
It was moved and seconded (Koenig/Norris) to approve Resolution #09-15,
and it passed unanimously.
4. SUPPORT FOR THE ESTES VALLEY WATERSHED COALITION
WATERSHED RESILIENCY PILOT PROGRAM FOR PROJECT
IMPLEMENTATION GRANT APPLICATION. Item continued to the April 14,
2015 meeting.
5. TOWN BOARD POLICY 106 — PUBLIC FORUMS AND MEETINGS. Item
continued to the April 14, 2015 meeting.
4. REPORTS AND DISCUSSION ITEMS:
1. WATER RATE PRESENTATION. Utilities Director Bergsten and Cil
Pierce/HDR Senior Project Manager & Financial Analyst provided a review of
the water rate study presented to the Town Board at the study session on
March 10, 2015. The Water financial plan estimates the rate adjustments
needed to meet the funding outlined in the study would be 9.9% for each year
2015-2017 and 8% for 2018. A customer's individual bill would increase
based on their customer class, size of the service meter and the amount of
water used. The fixed charges would be covered by the fixed cost and those
that do not use water would see a higher percentage cost as they do not have
a volumetric cost to dilute the fixed cost increases. Those with larger
meters/larger service lines would see a larger increase such as the Park R-3
School District with an approximate increase of 34% in 2015, 28% in 2016 and
22% in 2017. The average residential customer bill would increase
$3.75lmonth per year, commercial bill would increase by $6.40/month per
year, pump flow customer class would increase $4.05, bulk water increase by
$83.90 per year, and low-income residential monthly increase of $3.10 per
year. Final consideration of the water rate increases would be presented at
the Town Board meeting on April 28, 2015.
Whereupon Mayor Pinkham adjourned the m=-ting at 1 5 p.m.
Pinkham, Mayor
Williamson, Town Clerk