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HomeMy WebLinkAboutMINUTES Town Board 2014-11-25Town of Estes Park, Larimer County, Colorado, November 25, 2014 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 25th day of November, 2014. Present: Also Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None 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 presented a proclamation for Giving Tuesday/Colorado Gives Day beginning at midnight on Tuesday, December 9, 2014. This annual statewide movement celebrates and increases philanthropy in Colorado through online giving. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Norris thanked the Bear Task Force for their efforts during the 2014. Communication has been the key in bringing the issue to the forefront for businesses, homeowners and visitors. It was noted the Town appearance has improved with the initiative. Trustee Holcomb congratulated staff on a job well done in lighting up the downtown area for the holidays. Mayor Pro Tem Koenig recognized the Best Western Saddle Inn for winning Best Western's "Chairman's Award" for superior quality and service. This award is presented to the top 5°t° of the North American chains. Trustee Phipps reviewed the items from the November 18, 2014 Planning Commission meeting, including the review and approval of a development plan for Mountain Center at the YMCA with a height variance approved by the Board of Adjustment for a climbing wall. The Planning Commission Chair and Community Development Director would attend the upcoming interviews for the Planning Commission on December 2, 2014. The County Commissioners approved the new bylaws for the Planning Commission at their recent meeting. The Planning Commission was advised the Town Board would discuss the visioning of the downtown at a study session on January 13, 2015. Trustee Nelson stated the extension of the Open Space tax was approved by the voters with an 82% affirmative vote. The Open Lands Advisory Board approved the purchase of the Devil' backbone below the keyhole. Board of Trustees — November 25, 2014 — Page 2 Trustee Ericson stated the Transportation Advisory Committee held their regularly scheduled meeting and discussed tasks the Board would be reviewing. He stated the new lights have added a nice touch to downtown. Saturday is small business Saturday and encouraged the citizens to shop locally. Restorative Justice held a fundraising diner at Mama Roses this weekend with over 102 in attendance. Mayor Pinkham reiterated the success of the new tree lighting downtown. He mentioned the new AM radio station would be up and running with updated broadcasting beginning January 2015. This Friday after Thanksgiving the Town would present the Catch the Glow parade and encouraged everyone to attend. TOWN ADMINISTRATOR REPORT. The Urban Land Institute report has been released and a copy would be provided to each of the Board members. The report discusses resiliency issues after the September 2013 flood for Estes Park, Fort Collins and Loveland. On Monday, December 1, 2014 at 3:00 p.m. in the Board room the North Front Range Metropolitan organization would be in Estes Park to provide an overview of the Van Go program. He encouraged the local businesses to attend to learn more about the carpooling program to provide transportation to employees from the valley. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 11, 2014 and Town Board Study Session Minutes dated November 11, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, November 13, 2014: 1. Intergovernmental Agreement with Platte River Power Authority (PRPA) and PRPA Municipal Members for Mutual Aid for Power Operations. 4. Transportation Advisory Committee dated October 15, 2014 (acknowledgement only). 5. Parks Advisory Board Minutes dated October 16, 2014 (acknowledgement only). 6. Estes Valley Planning Commission dated October 21, 2014 (acknowledgement only). It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR ITEMS 1. STIPULATION AGREEMENT - EVEREST KITCHEN LLC, DBA FAMOUS EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF PREMISES LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The agreement was reviewed at the November 11, 2014 meeting and tabled because the licensee was not available. Mr. Bipin Shrestha was present at the meeting to discuss the violation and efforts to ensure further violations do not occur. The agreement considered the violation a second offense within two years and outlines a 21 day suspension with 14 days served and 7 days held in abeyance. It was moved and seconded (Ericson/Koenig) to approve the Board of Trustees — November 25, 2014 — Page 3 Stipulation Agreement with Everest Kitchen LLC, dba Famous Eastside Groceries, and it passed unanimously. 3. PLANNING COMMISSION ITEMS. 1. CONSENT ITEM: 1. CONDOMINIUM MAP, Supplemental Condominium Map #7, Stone Bridge Estates Condominiums, 1125 Fish Creek road, Kingswood Homes/Owner. Planner Kleisler. It was moved and seconded (Koenig/Norris) to approve the Consent Agenda with the Planning Commission recommendations, and it passed unanimously. 2. ACTION ITEMS: 1. AMENDED PLAT, Lot 4, Good Samaritan Subdivision (Falcon Ridge), TBD Red Tail Hawk Drive, Estes Park Housing Authority/Owner. Planner Kleisler reviewed the application stating the amended plat would vacate existing easements and dedicate new easements necessary for the Falcon Ridge development plan. The original development plan application proposed a 66 unit development with buildings along the southern property line. The new and Planning Commission approved plan proposes a 48 unit development with buildings located along the north end of the site. Planning Commission recommended unanimous approval of the amended plat as presented at its October 21, 2014 meeting. It was moved and seconded (Norris/Phipps) to approve the Amended Plat of Lot 4, Good Samaritan Subdivision with the Planning Commission recommendations, and it passed with Trustee Holcomb abstaining. 2. FEE WAIVER, Waiver of fees for Amended Plat of Lot 4, Good Samaritan Subdivision (Falcon Ridge), Estes Park Housing Authority/Owner. Planner Kleisler presented the fee waiver request for the Amended Plat application. At the July 22, 2014 Town Board meeting the Board approved a fee waiver request for the Falcon Ridge project estimated at $56,422 for the development review and building permit fees. This request is for the additional Amended Plat application and administrative costs of $760. It was moved and seconded (Ericson/Phipps) to approve the fee waiver for the Amended Plat of Lot 4, Good Samaritan Subdivision, and it passed unanimously. 4. REPORT AND DISCUSSION ITEMS: 1. ESTES PARK HOUSING AUTHORITY UPDATE. Director Rita Kurelja provided an update on the Falcon Ridge project. The complex was completely redesigned and contains 48 units consisting of 1, 2 and 3 bedroom rental units. The units will rent from $351- $765 for a one bedroom, $424 - $921 for a two bedroom, and $681 - $1,063 for a three bedroom. The units would serve those earning between 30% - 60% of the area median income. Construction of the complex would begin approximately March 1, 2015 with a 9 month construction timeline. Leasing of the units would begin at the end of 2015. The current financing including tax credit equity, permanent mortgage, CDBG-DR and Town fee waivers leaves a gap of $503,752 to complete the project. The Housing Authority requested the Town Board consider waiving the water tap fees of $396,606 to help fund the project. The Housing Authority would also provide assistance to the Estes Park Economic Development Council in addressing housing issues, work on seasonal housing concerns, land, Cleave Street apartments as no smoking units, and be involved in the Colorado Association of Ski Town (CAST) discussions on housing and methods to Board of Trustees — November 25, 2014 — Page 4 address housing in resort communities. The Authority presented the Town with a final payment of the loan for the purchase of the Pines apartment complex, a mix of senior housing and market rate condominiums. The Town provided $2.7 million to the Authority in 2006 for the purchase. Mayor Pro Tem Koenig and Trustee Norris requested the Board discuss at an upcoming study session the use of the loan repayment funds to pay for the water tap fees for the Falcon Ridge project. 2. ESTES PARK TRANSIT HUB PARKING STRUCTURE. Director Muhonen informed the Board the Town received four bids for the parking structure with a range of $5.3 million to $6.3 million. Three of the four bids were disqualified leaving only one successful bid at $5.75 million. The current successful bid would require the Town to fund the $1.9 million shortfall or build just the shell for $4.3 million. If the Town moves forward with the project, construction would not be complete before the summer session. He would suggest the Board reject the bids and start a new bid process. The topic would be discussed at a special study session meeting on December 2, 2014. 5. ACTION ITEMS: 1. LOCAL MARKETING DISTRICT APPOINTMENTS. Town Clerk Williamson stated interviews for two Town appointed position on the Local Marketing District Board were held on November 18, 2014 following the Town's adopted policy governance. The interview team recommended the reappointment of Lindsay Lamson and the appointment of Karen Ericson for 4-year terms expiring on December 31, 2018. It was moved and seconded (Koenig/Holcomb) the reappointment of Lindsay Lamson and appointment of Karen Ericson to the Local Marketing District beginning January 1, 2015 for a 4-year term expiring on December 31, 2018, and it passed with Trustee Ericson recusing himself. 2. 2015 STRATEGIC PLAN. Administrator Lancaster presented the Board with the final 2015 Board objectives developed as part of the Strategic Plan. The plan and the objectives provide direction for staff activities and the use of resources in the coming year. It was moved and seconded (Koenig/Ericson) to approve the adoption of the 2015 Board of Trustees' objectives and to incorporate these annual objectives in the Town of Estes Park Strategic Plan, and it passed unanimously. PUBLIC HEARING — 2015 BUDGET — ADOPTION. Mayor Pinkham opened the public hearing. Finance Officer McFarland reviewed the adoption process and recapped the previous budget presentation at the November 11, 2014 public hearing. He presented the Highway User's Trust Fund stating the funds consist of shared revenues, primarily derived from the fuel tax and vehicle registrations, and estimated at $259,377 for 2015. The funds would be utilized for street improvement projects, snow removal, vehicle and equipment usage, and traffic control. It was moved and seconded (Koenig/Norris) to approve the Highway User's Trust Fund, and it passed unanimously. Finance Officer McFarland continued with the presentation of Resolution #29- 14 to set the mill levy, required to allow the Town to levy and collect property taxes. For 2015 the mill levy would be set at 1.822 mills yielding $315,763. The town's property values have decreased approximately 3% or $11,000. The total taxable assessed valuation has declined 7% in the past two years. It was moved and seconded (Ericson/Koenig) to approve Resolution #29-14, and it passed unanimously. Resolution #30-14 would adopt the 2015 budget and Resolution #31-14 appropriates sums of money to execute the budget and states that revenues within each fund are sufficient to support the expenditures. Board of Trustees — November 25, 2014 — Page 5 Elizabeth FogartyNisit Estes Park (VEP) CEO & President thanked the Board for the Town's investment in 2014 after the flood. Visit Estes Park requested additional investment in the organization of $25,000 in 2015 to continue to grow the marketing efforts of the organization. Bill Almond/Local Marketing District Board Chair encouraged the Town Board to consider the request by VEP and the opportunity of the Town to invest in the expertise of the organization's staff in marketing the Town of Estes Park and the events of the Town. It was moved and seconded (Norris/Koenig) to approve Resolution #30-14, and it passed unanimously. It was moved and seconded (Holcomb/Ericson) to approve Resolution #31- 14, and it passed unanimously. 3. CONSTRUCTION CONTRACT FOR RETAINING WALL REPLACEMENT AT 215 VIRGINIA DRIVE. Engineer Ash presented a contract with Osmun Construction to repair a rock retaining wall along Virginia Drive damaged during the 2013 flood. Initially it was understood the wall was on private property; however, through further survey it was determined the wall was within the right- of-way. The request for assistance with the repair was denied by FEMA. The project was advertised and two bids were received. Osmun Construction was the low bid at $57,921.70. A new Redi-Rock gravity wall system would be installed along the 75 foot length. It was moved and seconded (Nelson/Holcomb) to approve the construction contract for a retaining wall replacement at 215 Virginia Drive to Osmun Inc., in the amount of $57,921.70, and it passed unanimously. 4. RESOLUTION #32-14 EXTENDING WAIVER OF UTILITY MONTHLY BASE/MINIMUM CHARGES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES RENDERED UNINHABITABLE. Director Bergsten presented the resolution that would extend Resolution #32-13 approved by the Town Board in November 2013 to grant temporary suspension of fixed monthly minimum utility charges for customers who were victims of the 2013 flood with their homes or businesses heavily damages or destroyed. Resolution #32-14 would extend the suspension for four additional years, expiring on October 1, 2018 and would be retroactive to October 1, 2014 or until service has been restored. It was moved and seconded (Phipps/Koenig) to approve Resolution #32-14, waiving monthly minimum utility charges for these specified customers, and it passed unanimously. 5. ROOFTOP RODEO STOCK CONTRACT. Director Winslow stated the current contract for rodeo stock with Powder River has expired. Staff identified eight qualified PRCA stock contractors with the capability of producing the Rooftop Rodeo and sent requests for bids to each. Three contractors responded with proposals; Powder River Rodeo, Carr Pro Rodeo and Cervi Championship Rodeo. The other potential bidders were either unable to produce the rodeo during the timeframe requested or did not send back a response. The bids were evaluated by Town staff and Western Heritage using the following criteria: contractor experience, stock quality, ability to work within the team concept, fees, and new ideas to continue to make the Rooftop Rodeo the best rodeo. After the evaluation process it was recommended that Cervi Championship Rodeo be awarded the contract for 2015-2017 with an option to extend the contract for 2018 and 2019. The new contractor would bring new ideas and energy to the rodeo and the parade, and address issues from the past. Cervi has planned a tour that would require contestants to enter into three rodeos in order to qualify for additional prizes; their fee would be less than the Town has paid in the past; Cervi offers an option to continue with some of the same key personnel; they are a leader in the industry producing some of the largest rodeos in the nation; and they own over 650 bucking horses and 115 bulls making them one of the largest rodeo stock companies in the nation. Board of Trustees — November 25, 2014 — Page 6 Mike Cossoda/Western Heritage CEO & President thanked staff for the opportunity to participate in the selection process for the new stock contractor. He stated the process involved 14 members of Western Heritage who reviewed each of the proposals and made a recommendation to Director Winslow. Binion and Chase Cervi/Cervi Championship Rodeo were present and stated the family run company has been in business for 48 years. They are a diverse company that provide services to rodeos of all sizes and operate one of the largest rodeos in the world in Houston, Texas. The advantage that Cervi has over other vendors is location. They are located in Greeley, Colorado and can work closely with staff and Western Heritage. They would utilize ideas used in difficult rodeo venues to help address concerns of staff and the committee to make the Rooftop Rodeo the best rodeo. Board comments were heard and are summarized: questioned the quality of the stock and the ability to provide good stock for the Rooftop Rodeo; could the funds saved on the stock contract be used to increase the prize money and attract more talent to the rodeo; appreciated the collaboration of the Town staff and Western Heritage and the expertise and innovation of Cervi; and how would the new contractor be evaluated and success determined. Ken Smith/Town citizen stated he has known Mike Cervi for 50 years and stated Cervi would produce a very good show for Estes Park. It was moved and seconded (Nelson/Koenig) to approve the stock contract agreement with Cervi Championship Rodeo for the Rooftop Rodeo for the years 2015, 2016 and 2017 with an option to extend for 2018 and 2019, and it passed unanimously. 6. RESOLUTION #33-14 SETTING A SPECIAL ELECTION TO ALLOW THE TOWN THE RIGHT TO PROVIDE ADVANCED, TELECOMMUNICATION,. AND CABLE TV SERVICES. Town Clerk Williamson presented the resolution to set a Special Municipal Election on Tuesday, February 3, 2015 to pose the question to the citizen's of Estes Park on whether or not the Town should be allowed to provide some level of high speed internet service to the citizens. The resolution would set the election as an all mail ballot election and designate the Town Clerk as the Designated Election Official, thereby giving authority to complete all aspects of the election. It was moved and seconded (Koenig/Norris) to approve Resolution #33-14, and it passed unanimously. Whereupon Mayor Pinkham adjourned the me ing at 9< Iliam C. Pinkham, Mayor Ja a Williamson, Town Clerk