HomeMy WebLinkAboutMINUTES Town Board 2014-02-25Town of Estes Park, Larimer County, Colorado, February 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 February, 2014.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Finance Officer McFarland
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Frank Lancaster, Town Administrator
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 to Marshall Phares recognizing the newly
formed Middle School Interact Club.
PROCLAMATION.
Mayor Pinkham proclaimed February 24th — 28th, 2014 as Future Farmers of America
week.
PUBLIC COMMENTS.
Gary Coleman/Ride-A-Kart updated the Board on his application to excavate flood
materials from his property without a building permit, stating the application would be
heard at the March Planning Commission meeting.
TRUSTEE COMMENTS.
Trustee Ericson commented the Community Development/Community Services
meeting would be held on Thursday, February 27, 2014 at 8:00 a.m. in the Board
Room. The Transportation Advisory Committee has three positions expiring at the end
of March and the positions would be advertised. The Tree Board approved new bylaws
that would expand the scope of the Board to a Parks Advisory Committee. He
reminded the community of the upcoming Municipal Election on April 1st and stated his
support for Ballot Issue 1A.
Trustee Koenig informed the community the Sister Cities Committee would present the
film "Birds Without Borders" at the Reel Mountain theater on March 5th at 7:00 p.m.
She announced the Lions Club has decided to not run the concession stand at the
fairgrounds after running the stand for 50 years.
Trustee Norris stated the Local Marketing District continues its search for a new
CEO/President for Visit Estes Park with an appointment to be announced in May.
Mayor Pinkham commented negotiations have begun with Monte Verde Costa Rica on
continuing the Sister Cities relationship and the benefits to each of the communities.
STATE OF THE TOWN REPORT.
Mayor Pinkham provided a summary of the year that focused on the positive year the
Town was having in relation to the sales tax up to the September 12th flood; discussed
the flood event, the damage, the limited access through Trail Ridge Road, and limited
communications; during the flood event public meetings were held daily and damage
Board of Trustees — February 25, 2014 — Page 2
assessment developed; neighboring communities of Drake and Glen Haven were
devastated; destruction along the Fish Creek corridor left 350 people stranded and over
2500 homes without sewer; 50% of homes and businesses in Estes Valley were
damaged or destroyed; temporary power was brought in to homes in the Glen
Haven/Retreat area; clean up took place with the aid of volunteers locally, from along
Northern Colorado, west slope and the National Park; roads reopened in early
November bringing visitors back to Estes Park; moving forward into 2014 the Town
needs to address the future through improvements to infrastructure and funding of the
improvements from a 1 % sales tax increase for 10 years.
TOWN ADMINISTRATOR REPORT.
• There are currently 7 official candidates for the three open trustee seats. Bios and
candidate statements can be reviewed on the Town's website.
• Candidate nomination petitions can be filed up to 5:00 p.m. Friday, February 28tn
• Absentee ballots to be mailed the week of March 10, 2014.
• The League of Women Voters Issue forum would be held on Wednesday, February
26th at 10:00 a.m. in the Board Room and would be streamed and placed on the
Town's website for later viewing.
• The League of Women Voters Trustee forum would be held on March 6th at 7:00
p.m. in the Board Room and would be streamed and placed on the Town's website
for later viewing.
Town Clerk Williamson stated HB 1164 passed and was signed by Governor
Hickenlooper updating the state statutes related to municipal elections, including a
simplified mail ballot process, reduction in residency from 30 days to 22 days, and voter
registration up to and through the day of the election. The Town would continue to
move forward with a poll election due to the late approval of the House Bill.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 11, 2014 and Town Board Study
Session Minutes dated February 11, 2014.
2. Bills.
3. Committee Minutes — None.
4. Estes Valley Planning Commission Minutes dated January 21, 2014.
(acknowledgement only).
5. Transportation Advisory Committee Minutes dated January 15, 2014
(acknowledgement only).
6. Tree Board Minutes dated January 16, 2014 (acknowledgement only).
It was moved and seconded (BlackhurstlKoenig) to approve the Consent Agenda,
and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. PRELIMINARY SUBDIVISION PLAT, The Sanctuary on Fall River
Townhomes, Tract 59A, Amended Plat of Tracts 59, 61, 62, & 63, Fall
River Addition; TBD Fall River Road (behind 1260 Fall River Road); The
Sanctuary, LLC/Applicant. Planner Shirk.
B. FINAL PLAT, Stonebridge Estates Townhomes, Lot 3, Stone Bridge
Estates Subdivision; Stone Bridge Estates, LLC/Applicant. Planner
Kleisler.
Board of Trustees — February 25, 2014 — Page 3
C. SUPPLEMENTAL CONDOMINIUM MAP, Stonebridge Estates
Condominiums, Supplemental Condominium Map #5, Lot 3, Stone
Bridge Estates Subdivision; Stone Bridge Estates, Condominiumize Unit
1135; Hanson Holdings, LLC/Applicant. Planner Kleisler.
It was moved and seconded (Norris/Koenig) to approve the Consent Agenda with
the Planning Commission recommendations, and it passed unanimously.
2. ACTION ITEMS:
A. DEVELOPMENT APPLICATION PACKAGE — EPMC/ANSCHUTZ
WELLNESS TRAINING CENTER, Lot 4, Stanley Historic District, TBD
Steamer Parkway; Grand Heritage Hotel Group, LLC/Applicant. Planner
Shirk.
1. ORDINANCE #05-14 — Amending Estes Park Municipal Code
Section 17.44 Regarding Architectural Standards in the Stanley
Historic District.
2. ORDINANCE #06-14 — Rezone from CO -Commercial Outlying to A -
Accommodations.
3. AMENDED PLAT - Remove no -build line and dedicate easements.
4. SPECIAL REVIEW 2014-01 - Construct Accommodation Facility and
Wellness Center.
5. VESTING EXTENSION. Withdrawn by Applicant.
Planner Shirk reviewed the project for Lot 4, Stanley Historic District for the
proposed EPMC/Anschutz Wellness Center and additional hotel
accommodations requiring amendments to the Municipal Code to allow red
roofs and white walls, rezone to allow accommodation use on a portion of
the property, amend the plat to dedicate easements and remove the no -
build area, and approve a Special Review of the Development Plan. The
Estes Valley Planning Commission recommended unanimous approval of
all applications at their February 18th meeting with conditions of approval as
outlined in the Planning Commission meeting minutes.
Matthew Heiser/Town citizen stated the expedited process used for the
development application has not been offered to other developers leading
to an unfair or equal process. He commented the new Board of Trustees to
be seated after the April 1st election should be voting on the project and not
the current outgoing Board members. He stated concern with the
completeness of the application and the quick review by the Planning
Commission of the complicated application. As a nearby property owner
and town citizen he stated he has the right to expect the property to be
developed per the development code without white walls and red roofs.
The voters will decide on the development and not the conditions of
approval decided by the Town Board.
Attorney White read the ordinance. It was moved and seconded
(Blackhurst/Elrod) to approve Ordinance #05-14, and it passed unanimously.
Attorney White read the ordinance. It was moved and seconded
(Blackhurst/Koenig) to approve Ordinance #06-14 rezoning Lot 4 Stanley
Historic District from CO -Commercial Outlying to A -Accommodations
with the findings and conditions recommended by staff, and it passed
unanimously.
It was moved and seconded (Blackhurst/Koenig) to approve Amended Plat
of Lot 4 Stanley Historic District to remove the no -build line and dedicate
easements, subject to the findings and conditions recommended by staff,
and it passed unanimously.
Board of Trustees — February 25, 2014 — Page 4
It was moved and seconded (Blackhurst/Norris) to approve of Special
Review 2014-01 to construct an accommodation facility and wellness
center subject to the findings and conditions recommended by staff, and
it passed unanimously.
3. ACTION ITEMS:
1. ORDINANCE #07-14 — AMENDING ESTES VALLEY DEVELOPMENT CODE
SECTION 3.5.0 SPECIAL REVIEW LAPSE, 3.3.E REZONING LAPSE, AND
3.6.D VARIANCE LAPSE. Special Review, rezoning and variance approvals
expire after one year from final approval date if a building permit or
construction has not begun. Failure to take such action within the year
automatically renders the approval null and void. If approved concurrently with
a development plan, code amendments become null and void within the same
year. Development Plan approval has a three year vesting period per state
statute. Applications for development often have a number of other concurrent
applications such as a variance which only has a one year vesting right. The
proposed code amendment would increase the vesting from one year to three
and align them with the state statute.
Trustee Ericson stated the one year vesting motivates the developer to move
the project forward and would not be in favor of extending the vesting period.
Attorney White read the Ordinance. It was moved and seconded
(Phipps/Blackhurst) to approve Ordinance #07-14, and it passed with Trustee
Ericson voting "No".
2. ORDINANCE #08-14 — AMENDING ESTES VALLEY DEVELOPMENT CODE
SECTION 3.1.E CONCURRENT REVIEW AND SECTION 3.1.F
APPLICATION PROCESSING SCHEDULE. Item continued to the Town
Board meeting on March 11, 2014,
3. MEMORANDUM OF AGREEMENT BETWEEN CENTRAL FEDERAL LANDS,
ROCKY MOUNTAIN NATIONAL PARK, COLORADO DEPARTMENT OF
TRANSPORTATION AND TOWN OF ESTES PARK FOR ADMINISTRATION
OF THE FLAP GRANT. The MOA between Central Federal Lands, Rocky
Mountain National Park, Colorado Department of Transportation, and Town of
Estes Park outlines the roles and responsibilities for the design, NEPA study,
acquisition and construction of the relocation and realignment of Highway 34
downtown. The Town successfully received grant funding through the Federal
Lands Access Program (FLAP) and secured required matching funds through
the State of Colorado's RAMP grant program to complete the one-way couplet
of the state and federal highways through downtown Estes Park to relieve
congestion. The MOA outlines the members of the Technical Advisory
Committee that will direct the project through completion. No Town funds
would be used to complete the project; however, the Town would assume the
devolution of West Elkhorn to Wonderview in exchange for the RAMP funding.
Micah Leadford/CFLHD Project Manager and Corey Steward/CDOT Program
Engineer were present to answer questions related to the MOA. Project
Manager Leadford stated CFLHD would complete the NEPA study and design
of the roadway; CDOT would provide ROW and utility information and procure
necessary ROW; the Town would provide support; and the Park would provide
support, possible staging area and material sources.
Trustee comments and concerns have been summarized: questioned the
management of ROW acquisition and how it would affect private properties;
would the Town have the ability to influence acquisitions; and suggested the
contact for all personnel in the MOA be included; and sometimes the best
engineering solutions are not best for the community.
Board of Trustees — February 25, 2014 — Page 5
Agency members stated the Town would take the lead on public outreach for
the project, including the acquisition phase. Acquisitions would not take place
until after the NEPA study has been completed, approximately 24 to 36 month
process. The Town and CDOT would have approval rights for the final design.
CDOT staff has been in flux since the flood, and therefore, staff identified in the
MOA may change as the project moves forward.
Charlie Dickey/Town citizen stated concern on the condition of the roadway the
Town would take ownership and maintain in the future.
It was moved and seconded (Blackhurst/Koenig) to approve the
Memorandum of Agreement between Central Federal Lands, the Town of
Estes Park and the Colorado Department of Transportation in order to
proceed with the execution of the One Way Couplet State Highways
reconfiguration in downtown Estes Park as outlined in the statement of
work, and it passed unanimously.
6. REPORTS AND DISCUSSION ITEMS:
1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE. Director Zurn stated the stall barn project continues to progress with
mechanical, electrical, and fire protection systems are nearing rough -in
completion. The lobby areas and bathrooms are painted and the tile installed.
The MPEC continues to move forward; however, the weather conditions
continue to hamper the progress. The high wind conditions have prevented the
roof panels from being placed, and therefore, the exterior metal progress has
be hampered. The masonry has been completed and the steel structure on
the front of the building has begun. Interior finishes such as metal panels and
insulation have been completed. The truck dock flatwork has been completed
and underground utilities are nearing completion.
Director Winslow stated several events are in process such as a Home and
Garden show; however, the events would be finalized once a contract and fees
can be established.
2. 2013 YEAR END FINANCIAL REPORT. Finance Officer McFarland presented
the year-end report stating both revenues and expenditures were significantly
better than expected due to the flood in September. This in turn would allow
the Town to carry forward a stronger fund balance into 2014. The Utility Funds
(Enterprise Funds) were dramatically affected by the flood, therefore, staff has
brought projects in-house to save money and delayed capital projects.
Revenues were down 4.1% over 2012 and 1.9% ahead of 2011. Town
investments are being held mostly in money market funds in order to remain as
solvent as possible due to the uncertain needs during the flood recovery. To
date 14 project worksheets totaling approximately $5.9 million have been
submitted to FEMA with 11 worksheets approved. The Town has submitted for
reimbursement for one large project and has receive $76,800 for small
projects.
Mayor Pinkham reconvened the meeting into regular session at 10:05 p.m. whereupon
he adjourned the meeting.
nkham, Mayor
a kie Williamson, Town Clerk