HomeMy WebLinkAboutMINUTES Town Board 2014-05-27Town of Estes Park, Larimer County, Colorado, May 27, 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 27th day of May, 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.
PRESENTATION.
Col Stan Cass/CEO & Chairman of the Northern Colorado Honor Flight Board and Bill
Becker/Board member presented a plaque to Bob Brunson, Verne Mertz, and Gary
Brown for their efforts in raising funds to cover the cost of flying veterans to Washington
DC to view the war memorials.
PUBLIC COMMENTS.
Marie Steinbrecher/Town citizen thanked Community Development staff members Will
Birchfield and Alison Chilcott for their response during the recent spring runoff flooding
near the Elkhorn stables and her residence. She requested aid from the Town in
addressing the berm built along the river on the Elkhorn Lodge property causing
flooding on her property and house.
TRUSTEE COMMENTS.
Trustee Ericson stated the Transportation Advisory Committee held their monthly
meeting and discussed bike lanes in relation to the FLAP realignment and downtown
parking.
Trustee Nelson reviewed items discussed at the May meeting of the Larimer County
Open Lands Advisory Board, including a report on the open lands sales tax and the
continuation of the tax. The report outlined community support of the extension of the
tax, tax performance and projection scenarios, and use of the tax for purchase of
additional open space or management of existing properties. The distribution of the tax
to the communities may change as well with more funds being allocated to Larimer
County. A genetically pure bison herd would be introduced to Red Mountain open
space.
Trustee Phipps reviewed issues discussed at the recent Planning Commission meeting
including the new building at the Comfort Inn and the associated drainage issues,
Comprehensive Plan update continues to progress, and the continuation of the Fall
River master plan.
Trustee Norris stated the Public Safety, Utilities and Public Works Committee would
meet on Thursday, June 12, 2014 at 8:00 a.m. in the Board Room. The Bear
Education Task Force has received five sponsors for additional bear resistant/recycling
Board of Trustees — May 27, 2014 — Page 2
cans. Visit Estes Park has completed its annual report that can be accessed on their
website. Their next meeting would be held on June 17, 2014 at 2:00 p.m.
TOWN ADMINISTRATOR REPORT.
Director Chilcott provided an overview of the mitigation activities taking place to address
spring runoff along the Fall River corridor: removal of sediment in the area where
capacity was lost, addressing code compliance with properties completing work without
permits, and evaluating risks for both public and private properties. Staff continues to
evaluate both Fall River and Fish Creek corridors and develop a master plan to return
resiliency to the rivers and mitigate future risk. Staff has been successful at identifying
grant funds and would continue to identify additional funding resources.
Chief Building Official and Flood Plain Manager Birchfield reviewed the storm that
caused the flooding in September 2013 stating the storm ranged from a 5 year event to
a 5 times a 100 year event in areas such as the Fish Creek corridor. After an event of
this magnitude the flood plain maps and data must be updated. Once the Town has
new data staff would develop policy to manage risk for the Board to review and
approve. The data would be developed over time with the first data to be available in
the next four to six weeks for Fish Creek.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 13, 2014 and Town Board Study Session
Minutes dated May 13, 2014.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, May 8, 2014:
4. Tree Board Minutes dated April 17, 2014 (acknowledgement only).
5. Renewal — Investment Advisory Agreement with Cutwater Investor Service
Corp.
6. Appointment of Trustees Nelson and Norris to the Parks Advisory Board
Interview Team.
Trustee Norris removed Consent Item 1.6 as an action item. It was moved and
seconded (Koenig/Phipps) to approve the Consent Agenda Items 1.1 — 1.5, and it
passed unanimously.
Consent Item 1.6 — It was moved and seconded (Norris/Phipps) to approve the
appointment of Trustee Norris and Trustee Holcomb to the Parks Advisory Board
interview team, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker
stated work would begin on repairing roadways, trails and other infrastructure
throughout the park damaged by the September flood. Repairs are anticipated
to be complete along the Fall River corridor this year but could be hindered by
weather. The repairs completed to the Lily Lake spillway prior to the flood
allowed the dam to perform as designed. The Bear Lake Road has been
completed and an official ribbon cutting would be held. 2014 Park visitation is
up over last year. The Park signed a sister park partnership with Monteverde,
Costa Rica for bird migration. The Fire management division of the Park
received a reprieve from significant budget cuts and remains at current staffing
levels for the next two years. The Park received a grant to provided assistance
with the Bear Education Task Force efforts. The Park shuttle fleet has gone
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green with the addition of hybrid busses and all other fleet vehicles retrofitted to
reduce emissions. Work continues on the multi -use trail with the environmental
assessment due by the end of the year.
Chuck Levine/Town Centennial representative and Barbara Scott/Park Event
Coordinator provided a quarterly update on the Park's Centennial celebration.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. FINAL SUBDIVISION PLAT, Mountain River Townhomes, Tract 6,
Beaver Point 1st Addition; 650 Moraine Avenue; Dallman
Construction/Applicant.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda with
the Planning Commission recommendations, and it passed unanimously.
4. ACTION ITEMS:
1. RESOLUTION #12-14 TO ESTABLISH THE PARKS ADVISORY BOARD.
The resolution would establish a Parks Advisory Board replacing the Tree
Board. This new Board would expand its responsibilities to include the care
of trees in town limits, draft a tree care ordinance required by Tree City USA,
organize and support Arbor Day observance, organize and conduct
community forestry programs, review and advice the Town Board on public
art, memorials, donations, permanent installations, and locations for art, and
provide information related to invasive plants, noxious weeds and pest
control, support educational programs at the schools. The new Board would
continue to meet the requirements of Tree City USA. It was moved and
seconded (Koenig/Holcomb) to approve Resolution #12-14 to establish
the Parks Advisory Board, and it passed unanimously.
2. RESOLUTION # 13-14 INTERGOVERNMENTAL AGREEMENT BETWEEN
THE STATE OF COLORADO AND THE TOWN OF ESTES PARK FOR THE
VISITOR CENTER PARKING GARAGE FUNDING. The Town has received
grant funding of $3.2 million from the Paul Sarbanes Transit in the Parks
program for the design and construction of a parking and transit structure
located at the Visitor Center. The Town also received State funds from
Congestion Mitigation Air Quality (CMAQ) and Funding Advancement for
Surface Transportation and Economic Recovery (FASTER) grants. In order
to receive the State grant funds the Town must approve and enter into an
Intergovernmental Agreement (IGA) with the State of Colorado. Resolution
#13-14 would accept the State grant funds, allocate Town matching funds
and approve the IGA. It was moved and seconded (Norris/Phipps) to
approve Resolution #13-14 and the Intergovernmental Agreement
between the Town of Estes Park and the State of Colorado, accept
CMAQ and FASTER funds to be used for the design and construction of
the Estes Park Visitor Center Transit Parking Structure, and provide
matching Town funds, and it passed unanimously.
3. DESIGN SERVICES CONTRACT WITH RG AND ASSOCIATES LLC FOR
FLOOD REPAIR PROJECTS. Project Manager Zurn presented a consulting
agreement with RG Associates LLC to design and perform project oversight
on 28 flood damaged sites throughout Estes Park. Funding for the
improvements would be covered by FEMA and FHWA. Bids were solicited in
compliance with regulations outlined by the entities to ensure reimbursement
of costs. RG and Associates was identified by staff as the most qualified firm
to complete the work. The rates and estimated hours required to complete
the work were negotiated. After further discussion, it was moved and
Board of Trustees — May 27, 2014 — Page 4
seconded (Koenig/Holcomb) to approve a consulting agreement with RG
and Associates LLC to design and provide construction oversight of
flood related restoration damages throughout the Town of Estes Park
for a not to exceed cost of $565,365, and it passed unanimously.
4. REPORTS AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE.
The Event Center construction continues to progress with main interior finishes
being completed, including painting, drywall, overhead doors, man doors, and
glass. The delivery of the Event Center would be delayed by 14 weeks with the
addition of a second story to the silo. The architect and contractor are
proceeding with a bid to complete the second story. The Board questioned if
the addition of a second story would be the best and highest need for the
center. Trustee Ericson also questioned the use of contingency funds for the
change and stated the additional work should be approved by the Board. The
Board requested the second story addition come forward for the Board's
consideration.
2 1ST QUARTER SALES TAX AND FINANCIALS THROUGH APRIL.
Finance Officer McFarland reviewed the 1st quarter sales tax and financial
report stating sales tax is up 5.7% over 2013 and 16% ahead of 2014 budget.
General fund expenditures are ahead of budget due largely in part to flood
recovery efforts, including Town Hall mitigation and Fall River exigent work.
Staff continues to operate conservatively during the flood recovery and would
maintain the bulk of the Town's investment portfolio in cash. Lodging
continues to lead all categories in sales tax revenues and is 12% ahead of
2013. Other categories such as food, retail, construction, and utilities are also
4-7% ahead of 2014. An overview of the current flood reimbursement status
was provided, including an estimated $5.2 million in expenses, $76,780 in
reimbursements from FEMA/State, and NRCS expenses of $1 million.
3. MANUFACTURING OF MICRO CRAFT LIQUORS UPDATE.
Planner Kleisler provided an update on the proposed amendments to the Estes
Park Development Code to allow micro -breweries, wineries or distilleries within
the Estes Valley as a principle use in appropriate zoning districts. Staff
presented three options: Option #1 — Micro allowed in CD and CO districts with
15,000 sq. ft. and taproom/tasting room or Commercial allowed in CH and 1-1
with 15,000 sq. ft. limit in CH and tasting room up to 30% floor area or 1,000 sq
ft. whichever is greater; Option #2 - Micro allowed in CD and CO districts with
15,000 sq. ft., taproom/tasting room and limit production and/or off site sales in
the CD or Commercial remains the same as Option #1; and Option #3 — Allow
Micro only as listed in Option #1 and prohibit Commercial. Town Board
direction would be used to draft proposed amendments for consideration by the
Planning Commission at their regular meeting on June 17, 2014 and review by
the Town Board and County Commissioners in July.
Board discussion was heard and has been summarized: discussed number of
barrels produced versus square footage of the business in limiting size of the
facility; questioned if the Fire District would have concern over the location of
the businesses; suggested tasting size limits be included in the code language;
define each type of business, i.e. brewery, distillery, winery, etc.; Trustee
Phipps requested an additional study session on the issue prior to moving the
complicated issue forward for Planning Commission review; the item should
move forward utilizing the information already developed by other communities;
no concerns with possible odor; and would like to address possible noise from
activities such as canning.
It was moved and seconded (Phipps/Norris) to extend the meeting to no
later than 10:00 p.m., and it passed unanimously.
Board of Trustees — May 27, 2014 — Page 5
After further discussion the Board consensus was to use square footage to limit
the operations, address both commercial and micro businesses, no odor
regulations, and code language to be flexible and not overly restrictive. Staff
would produce two ordinances with one addressing conventional commercial
businesses and the other to address micro businesses.
Whereupon Mayor Pinkham adjourned the meeting at;10:06
William C. Pinkham, Mayor
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Williamson, Town Clerk