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HomeMy WebLinkAboutMINUTES Town Board 2014-02-11Town of Estes Park, Larimer County, Colorado, February 11, 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 11th 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 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 OF FINANCIAL REPORTING AWARD. Finance Officer McFarland presented the Board with the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the fiscal year ending on December 31, 2012. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Mayor Pro Tem Blackhurst thanked Finance Officer McFarland and the finance staff for their efforts. He stated the Estes Park Housing Authority would hold its monthly meeting on Wednesday, February 12, 2014 at 8:30 a.m. in Room 203. The Public Safety, Utilities and Public Works Committee would not meet this month. Trustee Koenig stated the Sister Cities and Western Heritage would meet this month at their regularly scheduled date and time. Nick Molle was appointed the new president for the Sister Cities and has some new ideas for the organization including a new connection with Ireland. She announced she would be running for re-election for Trustee in 2014. Trustee Norris stated Visit Estes Park (LMD) has hired a consultant to facilitate the CEO search and has begun a needs assessment for the position. Funding for the district continues to be a serious concern especially as it relates to marketing the community. The district will resubmit for EDA funding for $500,000 and continue to work with the Colorado Economic Development Council for additional grant funding. He encouraged the citizens to register, complete absentee ballot applications to receive a mail ballot and to vote in the upcoming April 1, 2014 election. Trustee Elrod stated he would not be running for re-election. Mayor Pinkham commented he sat in on a roundtable with communities that were affected by the flood at a recent climate change conference. Discussions revolved around the need to address infrastructure to meet future needs as it relates to roads, bridges, culverts, etc. He stated it would be important to engage the community in the changes needed. Board of Trustees — February 11, 2014 — Page 2 TOWN ADMINISTRATOR REPORT. A citizen committee has come together in support of the sales tax initiative with a slogan of "Stand Together for a Stronger Tomorrow". An ad -hoc group has formed to review and discuss special events within the community. The group would take a strategic and proactive approach in their review and identify why special events exist, what is the purpose of having an event, when to have events, compatibility of events with businesses and non -profits, and does the event add value to the community and the local economy. The Town has received an auditor's engagement letter notifying the Board that they have begun work on the 2013 audit. December sales tax was up 5.3% over December 2012 and overall sales tax was down 4.1 % for the year. The Town had estimated the tax revenues would be down by as much as 25% due to the flood in September 2013. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 28, 2014, and Town Board Study Session Minutes dated January 28, 2014. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services Committee. January 23, 2014: 1. 2014/2015 Road Closures outlined in minutes. 2. Revise Senior Services Fit -Plus Pass Fee. 3. Museum Program Fee Structure. 4. Intergovernmental Agreement between the Town and Larimer County Elections Office for Assistance during the 2014 Election. 5. Revised Intergovernmental Agreement for Permanent Repairs to Fish Creek corridor. It was moved and seconded (Blackhurst/Koenig) 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. ACTION 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. Item continued by staff to the February 25, 2014 Town Board meeting. 3. ACTION ITEMS: 1. APPEAL THE APPROVAL OF THE STANLEY PAVILION BY THE TECHNICAL REVIEW COMMITTEE. Attorney White stated the item was continued by the Board at their January 11, 2014 and no public comment would be taken during the meeting. Trustee Phipps stated there is a legal issue related to third party beneficiary and he stated the appellant lacks standing and cannot rely on the development Board of Trustees — February 11, 2014 — Page 3 agreement. He stated he is unable to make a ruling on the appeal based on these issues. Board discussion followed and has been summarized: the Stanley Master Plan detailed the density and not the type of buildings, and it speaks to the flexibility and options that would enhance the Stanley Hotel; the appellant's interpretation of Exhibit F cannot be supported and is only a summary of uses not a complete list of uses; and the development agreement is between the Town and the Stanley Hotel, and therefore a third party does not have standing to appeal. It was moved and seconded (Elrod/Ericson) to uphold the TRC findings that the proposed use (wedding pavilion/outdoor amphitheater/corporate retreat) complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Hotel, and it passed with Trustee Phipps abstaining. 2. RESOLUTION #04 -14 — SUPPORTING THE FORMATION OF A CREATIVE ARTS DISTRICT. Town Administrator Lancaster presented a resolution to support the formation of a Creative Arts District in the Estes Valley per the Colorado Legislature HB-11-1031. The new district would not be a government district with a board or a separate taxing district. The district would not be reflected in the zoning/development code nor the zoning map for the Town. The formation of the district could enhance the lives of the Town residents and positively impact the economy of the town by focusing on co -locating arts and culture -related businesses and organizations within a defined area of the town, generating additional jobs and revenue. Creative Art District designation is a competitive process and the next round of applications to the State of Colorado is due on March 3, 2104. The resolution of support by the Town Board would be included with the application. Trustee Koenig stated support for the formation of the district and commented the district would have to reapply for the designation every five years; therefore it is not similar to the formation of a historic district. Mayor Pro Tem Blackhurst comment the impact to the community has not been identified, the boundaries of the district have not been identified nor has the Board had a chance to review the legislation in order to make an informed decision. Jon Nicholas/Estes Valley Partners for Commerce (EVPC) stated the discussions of forming the district began in 2012. A survey was conducted this past summer and winter and the formation of the district has received overwhelming support from over 55 artists and organizations. A letter of intent has been submitted and the State of Colorado would select 15 and then narrow it down to 7. EVPC has agreed to help organize the district that could be run in the future by a different organization, including one specializing in the arts. Diane Muno/EVPC Board member stated the Board agreed to support the formation by providing administrative support. It was moved and seconded (Blackhurst/Phipps) to table Resolution #04-14 until the March 11, 2014 Town Board meeting and to include the item on the Study Session agenda for February 25, 2014, and the motion did not carry as a substitute motion was offered. It was moved and seconded (Elrod/Norris) to approve Resolution #04-14 supporting the formation of a Colorado Creative Arts District within the Estes Valley in order to enhance economic development and creative Board of Trustees — February 11, 2014 — Page 4 industry employment, and it passed with Mayor Pro Tem Blackhurst voting "No". 3. ORDINANCE #03-14 SUBMITTING BALLOT ISSUE 1A TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT TO INCREASE THE TOWN OF ESTES PARK SALES TAX BY 1% FOR TEN YEARS FOR ROADWAY IMPROVEMENTS, PUBLIC TRAILS, SENIOR CENTER/COMMUNITY RECREATION CENTER, AND EMERGENCY RESPONSE PROJECTS. Administrator Lancaster presented the Ordinance that would place a ballot issue on the upcoming regular Municipal Election on April 1, 2014 to increase the Town's sales tax from 4% to 5% for 10 years for roadway maintenance and improvements, Senior Center improvements as part of the Community Recreation Center or directly to Senior Center/Museum improvements should the Community Recreation center not be built, for public trails in the Estes Valley and for emergency response projects. The Board stated support for the ballot issue; however discussion ensued on the timeframe outlined in the Ordinance for the construction of the Community Recreation Center and questioned whether or not it should be extended. Skylar Rorabaugh/Executive Director of the Estes Valley Recreation and Park District stated he would hesitate in moving the construction date for the project too far out as the district would like to break ground as soon as possible. Lindsay Lamson/Town citizen stated support for the extension of the project and defining the use of the word construction to be clear to the voters on the intent. The district needs to be given the time to raise the funds through other methods than sales tax or property tax in order to remain a competitive community. Attorney White read Ordinance #03-14. After further discussion, it was moved and seconded (Norris/Phipps) to approve Ordinance #03-14 submitting Ballot Issue 1A to the registered voters of the Town of Estes Park on the April 1, 2014 ballot to increase the Town of Estes Park sales tax by 1% for ten years for roadway improvements, public trails, Senior Center/ Community Recreation Center, and emergency response projects with an amendment to Ballot Issue Section 3 to read: if a development application for a Senior Center / Community Recreation Center is not filed by January 1, 2016 and a building permit for said facility has not been issued by January 1, 2017, the funds shall be used for expansion and construction of the Estes Park Senior Center and Estes Park Museum facilities, and it passed unanimously. 4. RESOLUTION #05-14 SUBMITTING QUESTION 1B TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT THE SALE LOT 4 STANLEY HISTORIC DISTRICT TO GRAND HERITAGE PER THE REAL ESTATE CONTRACT DATED JANUARY 10, 2014.. Attorney White presented the Resolution setting the ballot language for the sale of Lot 4, Stanley Historic District per the real estate contract on the upcoming regular Municipal Election on April 1, 2014. Public comment in favor of the contract and project were heard from Jon Nicholas/Economic Development Council, Lynette Lott & Ken Arnold/Estes Valley Lodging Association, Christopher Dailey/EMPC physician, Belle Morris/Town citizen and Cynthia Springer/Town citizen. It was moved and seconded (Blackhurst/Koenig) to approve Resolution #05-14, and it passed unanimously. 5. ORDINANCE #04-14 - INITIATED ORDINANCE PETITION REQUIRING A CONSERVATION EASEMENT ON LOT 4, STANLEY HISTORIC DISTRICT. Board of Trustees — February 11, 2014 — Page 5 Town Clerk Williamson presented the Board with an Initiated Ordinance submitted to the Town Clerk on November 22, 2013 by petitioners Donald Sellers and Edward Hayek. The petition requests the Board of Trustees to place a conservation easement on Lot 4, Stanley Historic District, to limit the use of the property as an open, natural area, or for public recreation use. On December 23, 2013, the Town Clerk received 49 signed petition packets with 730 signatures. A Statement of Sufficiency was issued on January 22, 2014 certifying the petition had been signed by 5% or 226 registered voters within the Town of Estes Park. Pursuant to Section 31-11-110 C.R.S. no protest of the Initiated Ordinance petition was filed within the required timeframe. Per state statute the Board of Trustees must either (1) adopt, without alteration, the Initiated Ordinance as proposed or (2) refer the measure to the registered electors of the municipality at a regular or special election. Trustee Elrod questioned if the Board had to send it to the voters. Attorney White stated the Board would have to find the initiative is not legislative and is rather administrative and not subject to the initiative process. Mayor Pinkham questioned what would happen if the Estes Valley Land Trust would not agree to place a conservation easement on the property. Attorney White stated the ordinance does not specify the Land Trust as the intended organization to place the conservation easement and that there are a number of other organizations that could place the easement on the property. Lindsay Lamson/Town citizen, Martin Koschnitzke/Town citizen and Charley Dickey/Town citizen spoke against the Initiated Ordinance stating it was in direct conflict with the Comprehensive Plan and in appropriate as it is administrative and not legislative. In 2008 the voters requested the option to review a contract for the sale of the lot and did not request the property be open space. Trustee Elrod stated the distinction between legislative and administrative issues are difficult to distinguish; however, review of the state law demonstrates that the management of public property is administrative in nature and not legislative. Placing Lot 4, Stanley Historic District in a conservation easement would be a $1.65 million gift and the Board cannot be compelled legislatively to gift the property, therefore, the action requested in the ordinance is administrative. He stated he could not support the ordinance or the issue as a ballot question. Attorney White stated his opinion is the Initiated Ordinance to place a conservation easement on the Lot 4, Stanley Historic District is legislative in nature. Attorney White read Ordinance #04-14. It was moved and seconded (Blackhurst/Phipps) to adopt Ordinance #04-14 requiring placement of a conservation easement on Lot 4, Stanley Historic District, and the motion did not pass unanimously. Greg Rosener/Town citizen stated finding the Initiated Ordinance legislative takes the power away from the Board and give it to the people in decisions related to development. It move and seconded (Blackhurst/Phipps) to approve Resolution #06-14 referring Initiated Ordinance #04-14 to the regular Municipal Election on Tuesday, April 1, 2014, and it passed with Trustee Elrod voting "No". 6. RESOLUTION #07-14 RE -APPROPRIATION OF 2013 ENCUMBERED FUNDS "ROLLOVERS" TO 2014 BUDGET. Finance Officer McFarland requested approval of Resolution #07-14 to roll over funds related to 2013 contracts and purchase orders for goods and services that were not fulfilled by December 31, 2013. The budgeted amounts in the 2013 budget will be moved into 2014; the roll over does not affect fund balance. The roll over totals Board of Trustees — February 11, 2014 — Page 6 $4,728,685.42 and is primarily comprised of budgeted funds related to capital projects. It was moved and seconded (Norris/Koenig) to approve Resolution #07-14 which re -appropriates the 2013 encumbered funds into the 2014 budget, and it passed unanimously. 6. REPORTS AND DISCUSSION ITEMS: 1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Ginny McFarland/Owners Representative for the project stated the project continues to progress with the completion of the masonry work on the east side of the MPEC and the beginning of structural steel within two weeks. The postponed topping -off ceremony may take place in the next three to four weeks. The stall barn electrical is nearing completion, painting has begun in the vestibule and lobby, and floor slab to begin next week. The current schedule has the stall barn complete at the end of March and the MPEC mid to late May. Whereupon Mayor Pinkham adjourned the meting at 9<55 p.m. ,,..... , William C. Pinkham, Mayor ...,. ) - .. . je Williamson, Town Clerk