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HomeMy WebLinkAboutMINUTES Town Board 2014-01-28Town of Estes Park, Larimer County, Colorado, January 28, 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 28th day of January, 2014. Present: Also Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Steve McFarland, Finance Officer 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. PUBLIC COMMENTS. Johanna Darden/Town citizen stated that tourist would not come during the off season, winter, to the Anschutz Wellness center at the Stanley Hotel due to winter weather conditions, lack of activities and the lack of businesses that are open. She commented the Town citizens would have two options on the April 1, 2014 ballot: 1) Contract to sale Lot 4, Stanley Historic District to Grand Heritage, i.e. Stanley Hotel or 2) An Initiated Ordinance to place a conservation easement on the lot. She advocated for the open space initiative. Gary Coleman/Ride-A-Cart owner informed the Board of a development code regulation that has limited his ability to provide local fill deposited by the recent flood at his business. The development code requires grading plans to be filed with a development plan. This limits his ability to remove and distribute fill to local contractors, ability of Ride -A -Kart to rebuild, fix Olympus Heights roadway, and flatten Lot 37 for future development. The removal of fill would also address spring run-off concerns. The fill provides a local source of rip rap and fill. He requested assistance from the Town on how to move the project forward. Tom Hochstetler/Appenzel Inn owner thanked the Board for approving their recent liquor license. He stated concern with the Community Development Department and the legal counsel for the Town, more specifically the areas of planning and enforcement. The Town has not appropriately addressed code issues of the neighboring hotels, which have negatively impacted his business and therefore sales tax. TRUSTEE COMMENTS. Trustee Ericson stated the Transportation Advisory Committee met a couple of weeks ago and thanked Kimberly Campbell for her leadership to the committee. He also thanked the snowplow drivers for their efforts this week. Trustee Phipps commented the Open Land Advisory Board was informed the roads in Hermit Park were severely damaged, with an estimate of $400,000 to repair. GOCO has established $5 million for flood repairs and may be the source of funding to repair the roads. The County acquired a number of properties after the 1976 flood and has begun to address repairs from the recent flood. Board of Trustees — January 28, 2014 — Page 2 Mayor Pro Tem Blackhurst stated the market study for the Estes Park Housing Authority owned Lot 4 continues. EPHA has made preliminary application for tax credit financing through CHAFA with a formal application submitted in March. The funding would build additional affordable workforce housing. Trustee Norris stated the Local Marketing District would use Mountain States Employers Council to perform the search for the new Executive Director. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 14, 2014, Town Board Study Session Minutes dated January 14, 2014 and Town Board Special Meeting Minutes dated January 6, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities, Public Works Committee — January 9, 2014. 4. Estes Valley Planning Commission Minutes dated December 17, 2013. (acknowledgement only). 5. Transportation Advisory Committee Minutes dated December 18, 2013 (acknowledgement only). It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda, and it passed unanimously. 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker provided the Board and update on Park activities and review of 2013, including the acknowledgement of the Park's 99 birthday on January 26th and continued preparations for the Centennial celebration; Fern Lake fire completely contained and regrowth of the area began in the spring and summer of 2013; Big Meadow fire on the west side was caused by lightning and containment efforts were deployed due to proximity to Grand Lake; September flooding damaged the Alluvial Fan area, Cascade Cottages dam, McGraw Road (repaired by Federal Highways), Aspen Glen bridge, Endovalley Road, Twin Sisters Road repaired, Fall River Entrance sustained damage, landslide west side of Twin Sisters, 12 total landslides in the Park, Park crews helped the Town clean up damage, assisted the convoy of the rock crusher from Grand lake, largest impacts to trails and bridges with priority to repair bridges at a cost of $3 million over the next 2 to 3 years, Old Fall River Road damaged, Lily Lake dam repairs held during the flood, and Bear Lake Road relocation away from the creek proved to be beneficial as no damage was sustained; the Park was shut down by the Federal government in October and was reopened with the efforts of Governor Hickenlooper; Park visitation was up approximately 8% prior to the flood and since the flood down 8%; the Park continues to develop the sister park relation with Tatra National Park and currently working on a sister park relationship with Monte Verde, Costa Rica; no culling in the Park has occurred for the past 2 years with the redistribution of the elk herds; hazard tree management continues with pile burning beginning with the new snowfall; bear management continue to implement food storage and waste management efforts within the Park boundaries; Rocky Mountain Transit has signed a new contract to provide shuttle service and are greening the fleet in 2014 with one hybrid bus and retrofitting the rest of the fleet; the East Shore trail Board of Trustees — January 28, 2014 — Page 3 environmental assessment has begun to determine if bicycle use on the northern 2 miles would be appropriate; and an environmental assessment continues to be developed for a multiuse trail on the east side of the Park. The Board thanked the Park staff for their support in cleaning up town after the flood. 3. LIQUOR ITEMS: 1. NEW LIQUOR LICENSE - MOUNTAIN STRONG LLC, DBA MOUNTAIN STRONG RESTAURANT, 361 S. ST. VRAIN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to the Board stating the applicant filed with a concurrent review by the State Liquor division, all necessary paperwork and fees filed, T.I.P.S. training completed by the applicant, and no communication was received with regard to the application. It was moved and seconded (Blackhurst/Koenig) to approve a Hotel and Restaurant liquor license for Mountain Strong LLC, dba Mountain Strong Restaurant, 361 S. St. Vrain Avenue, and it passed unanimously. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. DEVELOPMENT APPLICATION PACKAGE - ESTES PARK MEDICAL CENTER (Right -of -Way Agreement, Preliminary Subdivision Plat, Rezoning Request & Special Review 2013-03); All of Hospital Addition, Lot 18 & a Portion of Lot 17, Little Prospect Mountain Addition; 555 Prospect Avenue, 161 1/2, 163, & 165 Stanley Circle Drive; Estes Park Medical Center/Applicant. All items have been tabled at the request of the Applicant until further notice. B. 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. C. MINOR SUBDIVISION - Wapiti Minor Subdivision, Lot 22, S. Saint Vrain Addition, 1041 S. St. Vrain Avenue; Lexington Lane, LLC/Applicant. Planner Kleisler. Staff requested Consent Item 1.B be continued to the February 11, 2014 Town Board meeting. The item was removed from the Consent Agenda to be discussed as an Action Item. It was moved and seconded (Blackhurst/Norris) to approve the Planning Commission Consent Agenda Items 1.A. and 1.C. with the recommended conditions of approval by the Planning Commission, and it passed unanimously. ACTION ITEM - 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. It was moved and seconded (Blackhurst/Norris) to approve the continuation of the Preliminary Plat for the Sanctuary on Fall River Townhomes to the February 11, 2014 Town Board meeting as an action item, and it passed unanimously. 2. ACTION ITEMS: Board of Trustees — January 28, 2014 — Page 4 A. IMPROVEMENT AGREEMENT EXTENSION. Streamside Condominiums on Fall River, 1260 Fall River Road; Diversified Properties, LLC/Applicant. Director Chilcott stated staff supports extension for a year. The Streamside Condominium subdivision was approved by the Town Board in May 2006 with improvements to be completed by mid-2008. In March 2010, the Town Board approved an infrastructure phasing plan with a completion date of December 2013. The improvements have not been completed. The property is currently under contract, as well as the adjacent property undergoing development review. The potential buyer and adjacent property owner desire infrastructure improvements be installed by early summer 2014. Staff supports the extension to allow the property owners to complete the improvements rather than calling the Letter of Credit to complete the project in house by staff. Lonnie SheldonNan Horn Engineering requested the extension for the improvements be extended to December 31, 2015 due to flood related hardships and the new development adjacent to the property. Kimberly Campbell/Buyer stated the extension would be vital to the purchase of the property. It was moved and seconded (Koenig/Norris) to approve the improvement agreement extension for Streamside Condominiums on Fall River to complete water, sewer, and electrical infrastructure and to install the bridge and road until December 31, 2015, and it passed unanimously. 5. ACTION ITEMS: 1. RESOLUTION #03-14 — OFFICIALLY SCHEDULING REGULAR MUNICIPAL ELECTION - APRIL 1, 2014. Town Clerk Williamson stated the proposed Resolution #03-14 would establish the administration of the next regular Municipal Election on April 1, 2014 and identify the Town Clerk as the designated election official. The past three elections have been held as mail ballot elections administered by the Larimer County Election office. In 2013, HB 1303 was passed and signed by Governor Hickenlooper. The changes to the election law in Title 1 were significant and affected the mail ballot portion of the Title requiring municipalities to meet new standards, including the establishment of voter services centers and stand-alone drop-off locations when conducting a mail ballot election. These changes did not take into consideration municipal elections and did not clearly outline how the Town would meet the new requirements. Staff stated significant concerns related to the added scrutiny the new requirements would place on a mail ballot election. CML has been actively working on new legislation to address the inconsistencies in Title 1 and to develop mail ballot language for Title 31 for use by municipalities. It is unknown if the legislation would be approved and ready for use during the April 2014 election, therefore, staff recommends moving forward with a poll election to begin election preparations. If approved by the Board, staff would send a notification postcard to all registered voters, active and inactive, to inform the voters of the poll election and provide them with an absentee ballot application to receive a ballot by mail. Johanna Darden/Town citizen stated concern with the changes to the election law and that full consideration of the changes were not reviewed by the legislature. She recommended clarification be added to the postcard to inform the voters they would not receive a mail ballot because the election would be held as a poll only election. She also questioned if signatures on absentee ballot envelopes would be verified. Staff responded stating Municipal election law does not require verification of signatures. Board of Trustees — January 28, 2014 — Page 5 After further discussion, it was moved and seconded (Norris/Phipps) to approve Resolution #03-14 setting the next regular Municipal Election on Tuesday, April 1, 2014 as a poll election and appoint Town Clerk Williamson as the designated election official, and it passed unanimously. 2. INTERGOVERNMENTAL AGREEMENT WITH STATE OF COLORADO & FEDERAL HIGHWAYS FOR EMERGENCY FLOOD REPAIRS. Director Zurn presented an agreement between the State of Colorado and the Town of Estes Park that outlines the terms of reimbursement, 80/20, for federal aid to repair FHWA covered roadways, including Fish Creek, Brodie Avenue, Community Drive, Country Club Road and Scott Avenue. These FHWA roadways are not covered by FEMA. To repair the roadway a rough estimate of $3 million has been developed. The State of Colorado has agreed to cover 12.5% of the matching 20% required by the Town. Staff has estimated a budget of $600,000, approximately 20% of the project, as staff has repeatedly been warned that reimbursements come in below the 80%. The estimate does not include the repairs to Fish Creek Road as an estimate for repairs have not been agreed to. Further refinement of the estimated costs would be realized after the design phase has been completed. The agreement has been reviewed by Attorney White. It was moved and seconded (Norris/Koenig) to approve the Intergovernmental Agreement between the State of Colorado and the Town of Estes Park for the repairs to the FHWA designated roadways as listed above, and it passed unanimously. 3. EXPEDITED APPROVAL PROCESS TO ADDRESS SPRING RUNOFF & RIVER RESTORATION MASTER PLAN. Finance Officer McFarland stated the Town's Financial Policies and Procedures Manual Section 3.4.7 requires the Town to receive formal sealed bids, Committee recommendation and Town Board approval prior to contracting for services or purchasing goods over $30,000. Staff requested the suspension of the policy through July 2014 to address spring run-off conditions. The expedited bidding and contracting procedures are needed to protect life and property from hazards that may arise from the spring run-off due to watershed impairments from the 2013 flood. It was moved and seconded (Elrod/Koenig) to authorize the Mayor, or in the absence of the Mayor, the Mayor Pro Tem to award bids and enter into contracts for work in excess of $30,000 without complying with Financial Policies and Procedures Manual 3.4.7(b) requiring sealed biddings, when necessary to protect life and property from hazarders that may arise related to spring run-off through July 1, 2014, and it passed unanimously. 6. REPORTS AND DISCUSSION ITEMS: 1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn updated the Board on the progress of both projects. The wind and cold temperatures have hampered progress on the MPEC as high winds create dangerous conditions for work crews trying to place roof panels. The masonry work continues with 80% completed to date. The civil site work remains on schedule and the truck dock area flatwork has begun. Mechanical equipment has been placed in the upper copula areas allowing for the enclosure of the upper area roof. PRPA and Baja are making the final connections to the building for fiber optics and cable connections. The MPEC completion date has been estimated at May 1, 2014, while the stall barn should be complete on April 1, 2014. Director Winslow stated Sales and Marketing Manager Lynch has three new events identified and 2 proposals delivered for the MPEC, including an Irish festival, a Master Chin Wellness event and a Home and Garden show for 2014 and 2015. Staff has been evaluating the addition of event software for the new and existing facilities, and would tour the Ranch complex to review their marketing program. The first event for the stall barn would be the Wool Board cfTrustees — January 28,2014—Page 6 Market The fairgrounds does not currently have a horse event large enough that would require the use of the MPEC. 2. PUBLIC INFORMATION QUARTERLY REPORT. Public Information Officer Ruaoh reviewed activities for the quarter including flood response and reoowery, emergency prepared uubaaoh. 2014 Citizen aun/ay pnspanoUun. Community Reinvestment Initiative, Lot 4 Stanley Historic Diotrict, 2014 Budgot, election and voter information, Public Information po|icien, event complex construction and marketing. Bear Education Task Force facilitation, and Town newsletter and Spotlight. Followers on both theTnwn'o F000buok and Twitter accounts continues to gnow, howmver, much slower rate since the flood. Staff has worked closely with CDOT staff to ensure timely and accurate information related to roadway repairs and to keep roadways open on important dates. Staff has begun outreach for the spring run-off to help educate the public. Debriefing after the flood event identified the need for continued training ofstaff working the Joint Information Center (J|C), back up facilities for the J|Cand training for staff inSpanish. 7. REQUEST T0ENTER EXECUTIVE SESSION: |twas move and seconded (B|aukhurat/Phippu)toenter into Executive Session for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) to discuss citizen |n>tiat]vee, and it passed unanimously. Mayor Pinkhamcalled a5minute break ai9:O5p.m.and entered into Executive Session atQ11a.m. Mayor Pinkhamreconvened the meeting into rogu|osskon .m. whereupon oeadjourned the meeting. 116; William C. Pinkham, Mayor -,." k �­3-LQ" ~°��r~ Jax��VViUiomson. Town Clerk \)