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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.)