HomeMy WebLinkAboutMINUTES Town Board 2015-02-24Town of Estes Park, Larimer County, Colorado, February 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 February 2015.
Present:
Also Present:
William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Steve McFarland, Finance Officer
Greg White, Town Attorney
Barbara Jo Limmiatis, Recording Secretary
Absent: Town Administrator Lancaster
Mayor Pinkham called the meeting to order at 7:08 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION.
Mayor Pinkham presented a proclamation for the 100th Anniversary of Rocky Mountain
National Park (RMNP). Vaughn Baker, RMNP Superintendent, presented the Mayor
with a commemorative 100th Anniversary poster signed by the artist on behalf of the
Park.
UNITED WAY PLAQUE PRESENTATION.
Mayor Pro Tem Koenig presented the Mayor with the Spirit of Giving Award from United
Way.
PUBLIC COMMENTS.
Ed Hayek, Town resident, spoke on behalf of the Stanley Views Homeowners
Association in regards to the Stanley/Wellness Center Amended Special Review. He
asked the Board to consider the impacts of the requested height variance on the
adjoining neighborhood and take time to visit the project site.
Johanna Darden, Town resident, described the false statements made by Larry
Rogstad in the Town Board Study Session packet from February 24, 2015 in regards to
a bear being at the Knoll Willows during the summer of 2014.
TRUSTEE COMMENTS.
Trustee Ericson stated the Transportation Advisory Board meeting was postponed and
would be held Wednesday, February 25, 2015 in Town Hall and the Community
Development/Community Services Committee meeting would be held on Thursday,
February 26, 2015 in the Board Room. He discussed infrastructure as one of the seven
key outcome areas of the Strategic Plan and addressed goals related to parking,
pursuing grants and open space funding for trails master plan and upgrading the
Glacier Creek water treatment plant.
Trustee Phipps discussed the items of the February 18, 2015 Planning Commission
meeting including Backbone Adventure Rentals, Marys Lake subdivision development
agreement, the location of a 100 foot telecommunications tower on Prospect Mountain,
and tentative upcoming agenda items.
Mayor Pro Tem Koenig stated Western Heritage has a new interim president, Ben Vigil,
and Sister Cities is finalizing the June Science Exchange for three Estes Park students.
Board of Trustees — February 24, 2015 — Page 2
Trustee Holcomb discussed the presentation by Lloyd Wright on the Community
Garden which was given to the Parks Advisory Board, the Art in Public Places policy,
and the Arbor Day Celebration to be held on May 15, 2015 at the elementary school.
Trustee Norris stated Visit Estes Park would be reaching out to vacation home
operators to discuss issues related to code changes and would hold a day long retreat
on March 17, 2015 to discuss destination product development.
TOWN ADMINISTRATOR REPORT.
Finance Officer McFarland reported the auditors are completing the field work for 2014
financial statements.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 10, 2015 and Town Board Study
Session Minutes dated February 10, 2015.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities & Public Works Committee, February 12, 2015.
1. 2015 Ford Utility Interceptors (two PD vehicles @ $30,697 each),
Spradley Barr of Greeley, $61,394 - Budgeted.
2. 2015 Pothole Patch Truck, MacDonald Equipment Co., - $205,450 -
Budgeted.
3. Adam's Tree Service — Contract amendment for additional crew, no
impact to 2015 budget.
4. Transportation Advisory Board Minutes dated January 21, 2015
(acknowledgement only).
5. Parks Advisory Board Minutes dated January 15, 2015 (acknowledgement
only).
6. Estes Valley Planning Commission Minutes dated January 6, 2015
(acknowledgement only).
It was moved and seconded (Koenig/Phipps) to accept the Consent Agenda, and it
passed unanimously.
2. PLANNING COMMISSION ITEMS:
1. CONSENT ITEMS:
A. AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY.
B. AMENDMENT TO THE ESTES VALLEY BOARD OF ADJUSTMENT
BYLAWS.
It was moved and seconded (Norris/Koenig) to approve the Consent
Items for the Planning Commission, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE #01-15 — AMENDING THE 2009 INTERNATIONAL
BUILDING CODES — BOARD OF APPEALS.
Planner Shirk discussed the proposed changes to the 2009 International
Building Codes regarding the Board of Appeals membership to eliminate
alternate members required by the code and the decrease the number
of members needed to make a quorum.
Board of Trustees — February 24, 2015 — Page 3
It was moved and seconded (Norris/Koenig) to approve Ordinance
#01-15, and it passed unanimously.
i. APPROVAL OF THE ESTES PARK BOARD OF APPEALS
BYLAWS.
As there was no discussion or motion made the item would be
considered at the March 10, 215 Town Board meeting.
B. AMENDED DEVELOPMENT AGREEMENT.
Planner Shirk provided a brief history on Lot 7, Marys Lake Subdivision
and the Planning Commission's findings. The 2005 development
agreement specified that Lot 7 cannot be developed as a single-family
lot unless the Plat and Development Agreements are amended. Lot 7
was intended to be placed under a conservation easement, but was not
accepted by the land trust. The property has since been in a state of
limbo as it is not approved for development, yet the Town cannot
prohibit development because it would be a taking of property rights.
Frank Theis, consultant representing the property owner, added the
property was left to the estate of James Tawney whose heir wishes to
dispose of it. Attempts are being made to make Lot 7 buildable with
restrictions through a development agreement.
Matthew Gordon, attorney for the Promontory Kiowa Ridge
Condominium Owners Association, explained the opposition to the
proposed amendment to the 2005 development agreement. The
agreement states that Lot 7 cannot be developed as a single family lot
unless the plat and development agreement are amended. The
agreement runs with the land and requires all parties, Lot 7 and Lot 6
owners and the Town of Estes Park to agree to change the agreement.
The Promontory Association is the successor owner of Lot 6 and has no
interest in amending the agreement. No lawful action can be taken by
the Board without the successors' signatures. Attorney White
recommended the Board continue the matter until the March 24, 2015
Town Board meeting to allow time to review the situation and take this
information into consideration. It was moved and seconded
(Nelson/Norris) to table the amended development agreement to the
March 24, 2015 Town Board meeting, and it passed unanimously.
C. SPECIAL REVIEW 2014-15.
Planner Kleisler presented a summary of the Special Review 2014-05
for Backbone Adventure Rentals. The applicant proposed to relocate the
current scooter and jeep rental business to a new location at 1851 North
Lake Avenue and add motorcycle rentals to the operation. The Planning
Commission recommended approval of the Special Review subject to
several conditions as outlined in the staff report.
Owner Andy Hitch stated it was his intention to abandon the current
business location at 1360 Big Thompson Avenue once the special
review was approved and improvements have been made at the new
location.
It was moved and seconded (Norris/Holcomb) to approve the Special
Review 2014-05, and it passed unanimously.
3. ACTION ITEMS:
1. ESTES VALLEY PLANNING COMMISSION APPOINTMENT.
Finance Officer McFarland provided a brief overview of the interview process
and stated Sharry White was recommended to fill the vacant position on the
Planning Commission. It was moved and seconded (Ericson//Phipps) to
Board of Trustees — February 24, 2015 — Page 4
appoint Sharry White to the Estes Valley Planning Commission to a term
beginning immediately and expiring on December 31, 2016, and it passed
unanimously.
2. ESTES VALLEY BOARD OF ADJUSTMENT APPOINTMENTS.
Finance Officer McFarland provided a brief overview of the interview process
and stated Jeff Moreau and Wayne Newsom were recommended to be
reappointed. It was moved and seconded (Norris/ Holcomb) to appoint Jeff
Moreau and Wayne Newsom to the Estes Valley Board of Adjustment to
three year terms beginning March 1, 2015 and expiring on February 28,
2018, and it passed unanimously.
4. REPORT AND DISCUSSION ITEMS:
1. 2014 YEAR END FINANCIAL REPORT.
Finance Officer McFarland presented the draft financial report through
December 2014. The 2014 budget included all capital and flood repair projects
as well as grant and reimbursement revenues to provide an easy reference for
the total financial scope of a project. Very few of the projects were completed in
2014, which resulted in several funds being overstated in both revenues and
expenditures. Funds would need to be restated through budget amendments
and brought forward in March of 2015. Extracting flood reimbursements and
expenditures from regular activity within the financial statements is difficult, but
staff reported the Town came in under budget in all Funds except for the
Medical Insurance Fund. All funds are solvent and have healthy fund balances.
The General Fund would continue to be monitored closely with an approximate
fund balance of 19%. 2014 was a strong year for sales tax collection with the
Town being 14.5% ahead of 2013 and 7% ahead of the 2014 budget. All-time
highs for sales tax collection were also reported throughout the CAST
communities. Staff would continue to submit applications for grants and
reimbursements to offset flood expenses.
2. CDBG-DR ROUND 1 & 2 INFRASTRUCTURE AND FEMA HMGP
APPLICATIONS. Director Chilcott provided an update on the status of the
three grant applications for downtown flood mitigation. Staff continues to
operate with the post-2013 flood objectives of reducing the number of
properties in revised special flood hazard areas and increasing the Town's
resiliency to future flood events. The Community Development Block Grant —
Disaster Recovery (CDBG-DR) Round 2 Infrastructure Grant application for the
Moraine Avenue bridge replacement was submitted February 13, 2015. The
FEMA Hazard Mitigation Grant Program (HMGP) revised application is due
March 17, 2015 for channel widening and retaining wall work on the Big
Thompson River near Picadilly Square. The CDBG-DR Round 1 Infrastructure
Grant awarded $1.25 million as a match for the HMGP application. The Town
did not receive funding for the HMGP application, therefore, staff has identified
four projects for the funds which may be used by March 2016. These projects
include the Fish Hatchery area above the Hydroplant, the Fish Hatchery
property below the Hydroplant which includes Town housing', the Scott Ponds
area, and minor localized culvert improvements downtown. Staff is examining
which department has the capacity to complete these projects within a year
and would keep the Board informed of all flood mitigation efforts.
Whereupon Mayor Pinkham adjourned the meeting at 9:01 p.m.
iarn C. Pinkham, Mayor
ch op (0),, 4m27/00/7,-,
Barbara Jo Lim 'atis, ecording Secretary