HomeMy WebLinkAboutMINUTES Town Board 2014-06-24Town of Estes Park, Larimer County, Colorado, June 24, 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 24th day of June, 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 proclaimed July 8 — 13, 2014 as "Rooftop Rodeo Week". The Mayor
encouraged all to attend the rodeo.
PUBLIC COMMENTS.
Lynn Arenson/AirMedCare provided the Board with an overview of the air ambulance
services provided by the company to outlying communities.
TRUSTEE COMMENTS.
Trustee Ericson reminded the community the Community Development/Community
Services committee would meet on Thursday, June 26, 2014. He announced the
Scandinavian Midsummer festival would take place the weekend of June 28-29, 2014.
Trustee Nelson stated he would attend the Larimer County Open Space meeting on
Thursday, June 26, 2014.
Trustee Phipps provided a review of the recent Estes Valley Planning Commission
approvals and recommendations, including approval of the Falcon Ridge Development
Plan, recommended approval of the Falcon Ridge Subdivision and the amendments to
the Estes Valley Development Code for micro -craft beer, wine and spirits, and
commented the Good Samaritan Annexation Agreement should not be amended to
increase the density allowed by the code.
Mayor Pro Tem Koenig commented the Rooftop Rodeo would begin with the parade
downtown on July 8, 2014, box tickets for the rodeo are almost sold out, and
encouraged all to attend the rodeo and other events taking place during the week.
Trustee Holcomb thanked Charley Dickey for arranging a tour of the downtown stores.
He stated the Parks Advisory Board monthly meeting was cancelled due to a lack of a
quorum.
Trustee Norris stated Visit Estes Park (LMD) continues to increase their website visits
by 15% and Facebook followers up 60%. The Bear Education Task Force's work has
resulted in less conflict with bears this season, continues to reach out to
accommodations and vacation homes to educate them on how to reduce bear
Board of Trustees — June 24, 2014 — Page 2
interactions, and Nick Molle would produce an education piece to be played at the Reel
Mountain theater.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated June 10, 2014 and Town Board Study Session
Minutes dated June 10, 2014.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, June 12, 2014.
4. Tree Board Minutes dated May 15, 2014 (acknowledgement only).
5. Transportation Advisory Committee dated May 21, 2014 (acknowledgement
only).
6. Estes Valley Planning Commission dated May 20, 2014 (acknowledgement
only).
7. Resolution #14-14 — Setting the public hearing date of July 8, 2014 for a new
Tavern Liquor License for Centennial Tap House, LLC dba Centennial Tap
House, 120 Riverside Drive, Estes Park, CO.
Trustee Phipps requested the removal of Consent Item 1 for discussion. It was moved
and seconded (Koenig/Holcomb) to approve the Consent Agenda Items 2-7, and it
passed unanimously.
Consent Item #1: Trustee Phipps requested the Town Board Study Session minutes
dated June 10, 2014 include the word "fund" after contract contingency under the future
study session agenda items. It was moved and seconded (Koenig/Phipps) to
approve the Consent Agenda Item 1 with the requested amendment to the Town
Board Study Session minutes dated June 10, 2014, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS:
1. LONG TERM RECOVERY GROUP UPDATE. Chris Moody/Long Term
Recovery Group provided an update on the activities of the group, including a
review of the case management process to match resources with needs; since
January 1500 volunteers from 14 states and 12 organizations have served
Estes Park; and 119 requests have been completed since the September 2013
flood. The Board thanked the group for their efforts and continued support of
the community.
2. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager
Zurn stated the Event Center main floor area has received its final coat of paint
and touch ups; restrooms receiving final finishes; front main architectural
timber work would begin; and flatwork completed. The Board of Adjustment
would consider the height adjustment for the silo at their upcoming meeting.
Ongoing work at the facility includes painting, drywall, overhead doors, man
doors and glass installation. Staff requested direction on the addition of a
second story to the silo above the office space, creating a 500 sq. ft. meeting
space. The savings from the elimination of the turn lane off of Hwy 36 onto
Community Drive would be used to fund the $80,000 addition to the project.
The Board consensus was to add the second floor to the silo as a meeting
space for the community utilizing the funds budgeted for the turn lane.
Board of Trustees — June 24, 2014 — Page 3
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
1. AMENDED PLAT, Lots 30A & 18A, 2nd Amended Plat of Lot 18, 22, 30,
Grand Estates Subdivision, 1450 Big Thompson Avenue; Caribou
Chalet, Inc./Owner. Planner Kleisler.
2. SUPPLEMENTAL MAP #6, Stone Bridge Estates Condominiums, 1127
Fish Creek Road; Kingswood Homes/Owner. Planner Kleisler.
Trustee Ericson requested Planning Commission Item 1.2 be removed for further
discussion. It was moved and seconded (Koenig/Norris) to approve the Consent
Agenda Item 1.1 with the Planning Commission recommendations, and it passed
unanimously.
Planning Commission Item 1.2 — Trustee Ericson stated concern with the approval of
the condominium map due to its proximity to Fish Creek, changes to the floodplain, and
the possibility the condominium could fall into the creek in the future. Planner Kleisler
stated the Chief Building Official & Floodplain Manager Birchfield reviewed the high
watermark before the condominium construction was allowed. It was moved and
seconded (Ericson/Norris) to approve the Consent Agenda Item 1.2 with the
Planning Commission recommendations, and it passed unanimously.
4. ACTION ITEMS:
1. AMENDMENT TO GOOD SAMARITAN ANNEXATION AGREEMENT.
Trustee Holcomb recused himself from the proceedings. Planner Kleisler
provided a review of the request as outlined at the June 10, 2014 meeting
and restated the request, if approved, would increase the density to the
maximum allowed by the Estes Valley Development Code and extend the
vesting period for 15 years from approval of the amendment. The original
development plan approved in 2002 was for owner occupied 2-story
condominium units with a 10-foot setback. The new development plan would
increase the number of units to 66, add one additional building, townhomes
stacked and flats, include a community building, park and basketball court,
decrease rooms by 2 over original plan, increase lot coverage from 41.7% to
49.49%, increase setbacks from neighboring lots, add 25 additional parking
spaces, and increase view obstruction from 68% to 84%. Density would
increase from 10 units per acre to 12 units per acre. The Estes Valley
Planning Commission recommended conditional approval of the development
plan; however, five of the six commissioners opposed the amendment to the
annexation agreement.
Eric Blackhurst/Estes Park Housing Authority (EPHA) Chair reviewed the
2008 Housing Needs Assessment that illustrated a need for 756-959
additional housing units for all segments of the community including retirees.
Rita Kurelja/EPHA Director stated the original development plan of 2002 was
abandoned due to economic conditions. The amendment would allow EPHA
to preserve a lot for future community housing needs. The conditionally
approved development plan would be developed in two phases with 45 units
built now and 21 units for future development. The amendment would allow
the Housing Authority to proactively address housing needs addressed in the
housing assessment. She reiterated statements outlined at the June 10,
2014 meeting including a community wide vacancy rate of 1.9%, well below
the average and the reduction of long-term rentals due to vacation homes.
Matthew Heiser/EPHA Board member reviewed the mitigation efforts the
Housing Authority has made to address neighbor concerns, including
increasing setbacks, reducing south facing second story windows along the
property line shared with the Neighborhood subdivision, and lowering the
Board of Trustees — June 24, 2014 — Page 4
grade of the buildings along the south property line to mitigate the height of
the buildings.
Those speaking against the amendment to the annexation agreement
included Lisa Foster/Town citizen, Pamela Seavers/Town citizen, Tony
Drees/Town citizen, Alex Kostadinov/Town citizen, and Steve Krueger/Town
citizen. The area would not be an appropriate location for an affordable
housing development due to the lack of adequate bike and walk paths. The
Housing Authority should redesign the development to meet the density
approved by the annexation agreement. The citizens of the Neighborhood
Subdivision spoke to the lack of communication from the Housing Authority
on the proposed development and engagement of the neighbors in the
design process. The neighbors purchased their homes with the
understanding that 48 units would be developed and the contract should be
honored and upheld.
Those speaking in favor of the amendment to the annexation agreement
included Louise Olson/Town citizen, Sue Doylen/Town citizen, and Matthew
Heiser/Town citizen. The town continues to need additional affordable
housing units to address housing for the work force in Estes Park ranging
from tourist industry workers to police officers and teachers in our community.
It was stated doing what may be right for the community is a matter of
integrity, i.e. amending the agreement to allow full density for an affordable
housing development. There are few locations available in the valley to build
additional affordable housing, and therefore, this location should be
maximized to the full allowance of the code. The housing units would
maintain diversity of age, income levels, and families in the valley. The plan
has been amended to address neighbor concerns and makes better and full
use of the land. As the needs and intents of development change over time
the Town codes, regulations and zoning are changed to address the issues.
When the annexation agreement was approved it was envisioned change
may occur and provisions were made in the agreement to do so.
Amendment of the agreement would continue to support the responsible
development of affordable housing in the Estes valley and to address the
needs of the community. Diana Muno/President Estes Valley Partners for
Commerce conducted a survey of the membership which demonstrated
support for the amendment.
Board comments have been summarized: Mayor Pro Tem Koenig questioned
if the density was maintained at 48 units and the development agreement for
66 units was upheld could the Housing Authority request the additional units
at a later date; Trustee Norris reviewed development code requirements to
ensure the development would meet the code and questioned if the rental
units would be long-term or short-term; Trustee Phipps stated homeowners
purchased their homes in good faith and the knowledge of the density to be
developed; Trustee Ericson stated there appears to be a need for this project;
Trustee Nelson commented there is a need for housing in the valley, the
proposed density meets the current code requirements, contracts are
amended routinely, and the Board needs to do what would be best for the
community; Trustee Norris stated the fundamental issue was the lack of
involvement of the neighbors; and Mayor Pro Tem Koenig recognized the
importance of housing, however, the good faith of the agreement trumps
affordable housing. She would also request the Housing Authority review the
use of high density apartment style housing in the future.
After further discussion, it was moved and seconded (Phipps/Koenig) to
deny the First Amendment to the Good Samaritan Annexation
Agreement, and it passed with Trustee Ericson and Nelson voting "No" and
Trustee Holcomb abstaining.
It was moved and seconded (Phipps/Norris) to extend the meeting to no
later than 10:30 p.m., and it passed unanimously.
Board of Trustees — June 24, 2014 — Page 5
2. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR).
Finance Officer McFarland presented an overview of the annual financial
reporting process. The auditing firm of CliftonLarsonAllen, LLP conducted an
independent audit of the Town of Estes Park's financial statements as of
December 31, 2013 and have expressed an unqualified opinion (clean
opinion) that the financial statements presented fairly, in all material respects,
the financial position of the funds and activities of the Town of Estes Park in
conformity with Generally Accepted Accounting Principles (GAAP). The
CAFR has been completed; however, the A-133 Single Audit has not been
completed and would be delivered to the Board at a later date as well as the
final management letter. Justin Petrone/CliftonLarsonAllen, LLP, provided a
review of the CAFR and stated the financial practices identified last year were
resolved. The auditors did identify one deficiency in the accounting of grants
related to flood matters. It was moved and seconded (Ericson/Norris) to
approve the audit report and Comprehensive Annual Financial Report
for the year ended December 31, 2013, and it passed unanimously.
3. INTERGOVERNMENTAL AGREEMENT WITH LAFAYETTE AND
LOUISVILLE FOR LUCITY SERVICES. The Town hired a consultant to
research work management software programs to update the Town's current
system. After extensive review the Town with Lafayette and Louisville would
share in the cost of the Lucity enterprise software based on population size.
The Town's cost would be 12% of the $16,500 or $4,400 with the cost split
amongst Public Works and the Water department. The software would
improve work order process, establish baseline performance measurements,
improve the scheduling of staff, improve tracking of completed and pending
preventative maintenance, establish benchmarking metrics, and improve
asset management and budgeting. Attorney White reviewed the agreement.
It was moved and seconded (Norris/Koenig) to approve the
Intergovernmental Agreement with Lafayette and Louisville for the
purchase of Lucity's work management software, and it passed
unanimously.
4. REVISED INTERGOVERNMENTAL AGREEMENT WITH ESTES VALLEY
FIRE PROTECTION DISTRICT. The Town entered into an
Intergovernmental Agreement with the Estes Valley Fire Protection District
effective December 8, 2009 and through the agreement would make monthly
payments of 7% of the Town's net sales tax receipts for each month. On April
1, 2014, the voters approved a 1% increase to the Town's sales tax rate for
10 years to facilitate specific infrastructure improvements and projects. The
amendment to the IGA clarifies the Town's obligation to remit net sales tax of
7% on the original 4% (80%) and not 7% of the total net sales tax from the
new 5% sales tax. Additional sections of the IGA were deleted as they have
been completed or are no longer relevant. Fire Chief Dorman stated thanks
for the continued cooperation to provide fire services to the valley. It was
moved and seconded (Ericson/Holcomb) to approve the Amendment to
the Intergovernmental Agreement for Continuing Operations Between
the Town of Estes Park and the Estes Valley Fire Protection District, and
it passed unanimously.
Whereupon Mayor Pinkham adjourned the m: -ting . �10:20 p.
illiam C. Pinkham, Mayor
J iC1<ie Williamson, Town Clerk
w.)