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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