HomeMy WebLinkAboutMINUTES Town Board 2016-05-24Town of Estes Park, Larimer County, Colorado, May 24, 2016
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 May 2016.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PRESENTATION:
City of Evans Police Chief Rick Brandt presented Chief Kufeld with a certificate and
plaque in recognition of his completion of the Colorado Association of Chiefs of Police
Executive Certification program.
PUBLIC COMMENTS.
Charley Dickey/Town citizen thanked Director Muhonen for providing a review of the
transportation issues at the recent Estes Valley Partners for Commerce meeting.
Ron Wilcocks/County citizen and downtown business owner spoke to the ongoing traffic
issues downtown as it relates to timing of the intersection at Elkhorn and Moraine. He
stated the proposed Loop project would not solve the issues and would not address the
single most important issue, parking downtown. He requested new signage at and
before the intersection at Hwy 34 and Hwy 36 to direct guest going to the Park down
Hwy 34/Fall River Entrance. The temporary signage last year worked well.
Arthur Messal/Town citizen agreed with Mr. Wilcocks that it would not be beneficial to
redevelop a roadway to move more cars toward the National Park that is already full.
He commented how difficult he has found it to engage in the government in a
meaningful way. He stated a Town official continues to lobby for the Senior Center in
the Community Center and he requested the lobbying stop. He commented the Lazy B
proposed development is in conflict with the Estes Valley Comprehensive Plan and the
Estes Valley Development Code. He stated the project should not be approved by the
Town Board.
Michelle Hiland/Town citizen commented the current Community Center plan does not
represent what the citizens voted for in November. The Town has a significant financial
stake in the plan, and therefore, has influence on the direction of the final plan. She
also spoke against the Lazy B development.
TRUSTEE COMMENTS.
Trustee Martchink stated the Park Advisory Board met and discussed the first Mountain
Festival held this year in conjunction with Arbor Day and Earth Day. The event would
be extended to include events on both Friday and Saturday next year. The Board also
Board of Trustees — May 24, 2016 — Page 2
discussed a mural project and the extension of the musical instruments from the west
side of the Riverwalk toward the Visitor Center.
Trustee Norris informed the Board the Estes Valley Planning Commission met on May
17th and voted 4 to 3 to deny the Lazy B project. The Army Corp of Engineers Silver
Jacket program completed their recent visit to Estes Park to evaluate ways the Town
and the downtown businesses can address future flooding of the downtown corridor. A
report should be forthcoming.
Trustee Walker commented Western Heritage met and are continuing their efforts to
prepare for the upcoming Rooftop Rodeo. Visit Estes Park held their monthly meeting
and discussed the need to replace Chair Scott Webermeier as his Town appointed term
would end on December 31, 2016.
Mayor Pro Tem Koenig commented the Arts District met and discussed an Art Walk the
first Friday of the month to encourage visitors and residents to shop in Estes Park.
During her recent trip to Reykjavik, Iceland she learned of their need to ensure the
aging population lives a quality life. Another significant impact to the community is the
conversion of housing into vacation rentals, impacting the cost of housing and the
availability of housing. She stated she has visited two international communities which
have placed loops in their downtown corridors. The Estes Park community faces
similar problems and challenges as other communities.
Trustee Holcomb stated the Transportation Advisory Board held their monthly meeting
and continue to work on developing a list of items for the Town Board's upcoming
strategic plan retreat.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster stated the Dry Gulch Road temporary single -wide access road
would be reopened. After further review and discussion, it was determined a half -mile
detour was safer for the residents in the area than an 8-mile detour. Several factors
were reviewed including the delay, increase use of gas, safety, etc. as reasons to
reopen the temporary access road through the completion of Phase I of the project.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 10, 2016 and Town Board Study Session
May 10, 2016.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, May 12, 2016.
1. InVision GIS Contract, $330,000, Budgeted.
4. Transportation Advisory Board Minutes dated April 20, 2016
(acknowledgement only).
5. Parks Advisory Board Minutes dated April 15, 2016 (acknowledgement only).
6. Estes Valley Planning Commission Minutes dated April 19, 2016
(acknowledgement only).
7. Policy #103 — Process for Board to Call a Question.
It was moved and seconded (Koenig/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR LICENSE ITEMS:
1. NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR
NOTCHTOP CAFt, LLC, QBANOTCHTOP BAKERY AND CAFt~ 450 E.
WNONDERV|EVV AVENUE #4, ESTES PARK, CO 80517. Town Clerk
Williamson reviewed the application for the now liquor |ioensm, stating all
paperwork and fees have been submitted. It was noted by the applicant Noi|ya
Khametvalieva that she and 5 other employees attended the T.I.P.S. training on
May 24m. She stated liquor policies would be developed after attending the
training. It was moved and seconded (Ho|oumb/K4ertohink) to approve the
Hotel & Restaurant Liquor License Application for NotohtopCaf6, LLC. d6e
Notohhop Bakery and Caf6,459 E.VVmndervievvAvenue #4.and it passed
unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed byPlanning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SPECIAL REVIEW 2016-01 ' LAZY B RANCH & WRANGLERS, Staff
requested to continue the item tothe June 28. 2018Town Board meeting.
Charley Dickey/Town citizen requested the item be removed from the
Consent agenda and discussed. The item was removed and KdoyorJima
opened the discussion.
Charley Dickey/Town citizen stated the Estes Valley Planning Commission
has an opinion that differs with the Estes Valley Development Code and
differs with the opinion of the Planning staff. The project developer has
spent significant funds 8udevelop the plan. He stated concerns that other
developers may not come to Estes Park due to the expense and difficultly
receiving approval for development. He encouraged the Board to review
the plan thoroughly when dcomes forward.
Johanna Darden/Town citizen commented the proposed development
contained a number ufproblems including the need for hydrology study.
Several agencies were not present 0mdiscuss concerns na|ahsd to wildlife
habitat, wetlands and the concerns raised bythe National Park.
Ad MessaKTnwn citizen stated the project should not be built at the
expense of the residents in the area. In his opinion the staff made an error
inrecommending approval ofthe project hothe Planning Commission.
Trustee Walker mosedhimself from all votes related Vuthe Lazy Bpmject.
It was moved and seconded (Holcomb/Nelson) to continue the Special
Review 2816'01 — Lazy B Ranch Q`Wranglers to the June 28. 2010
meeting, and itpassed with Trustee Walker vaouoinghimself.
2. ACTION ITEMS:
A. AMENDED PLAT, Lot 5, SunnvAcreo Addition & A Metes & Bounds
Parcel; Combine two parcels into one lot ofrecord; Fall RiverViUaqe,
LLC/App|\cmnt Planner Gonzales reviewed the application stating the
same application 0orecombine 2illegally subdivided lots into 1 legal lot was
reviewed bythe Town in2008. The final Amended Plat was never recorded
which nullified the 2008approval and rezoning request. The new request
would combine the 2 |ote, rezone the property and dedicate new utility
easements and private aooeoo easements on the lot. It was moved and
seconded (Norris/Holcomb) to approve the Amended P|at, Lot 5' Sunny
Aunno Addition & A Metes & Bounds Parcel to combine two parcels
into one lot of record with no conditions of approval, and it passed
unanimously.
Board of Trustees — May 24, 2016 — Page 4
B. ORDINANCE #12-16, Rezone two separately zoned adjacent lots (R-2 &
E-1) to RM-Multi-Family Residential, 260-265 Sunny Acres Court; Fall
River Village, LLC/Applicant. Planner Gonzales stated the rezoning
would properly reflect the current uses on the property. Prior to the 2000
valley -wide rezoning, the entire area was zoned RM — Multi -Family
Residential. Attorney White read Ordinance #12-16. It was moved and
seconded (Holcomb/Koenig) to approve Ordinance #12-16 to rezone
two separately zoned adjacent lots (R-2 & E-1) to RM-Multi-Family
Residential, 260-265 Sunny Acres Court with the condition of approval
that the Amended Plat, Lot 5, Sunny Acres Addition & A Metes &
Bounds Parcel be recorded within 60-days, and it passed unanimously.
C. ORDINANCE #13-16, Rezone CO -Commercial Outlying to R-2-Two-
Family Residential; 475 Fall River Lane; Dennis and Donna "Katie"
Lovell/Applicants. Senior Planner Chilcott presented the application to
rezone the property to R-2 Two -Family Residential to bring it into
compliance with the current use. The two-story residence was built with a
three -bedroom home upstairs and business in the lower level. In 2004, the
lower level was converted to a second dwelling unit. The current owner has
requested the rezoning to bring the property into compliance with the
current zoning code. The request would eliminate a non -conforming use.
The Estes Valley Planning Commission recommended unanimous approval
at their April 19th meeting with the condition the property complies with all
Building Code requirements to ensure the converted commercial space
would be safe as a separate dwelling unit.
Donna Lovell/Property owner stated she has been working with staff since
December 2015 to make the necessary improvements to the property to
legally convert it to a duplex.
Attorney White read Ordinance #13-16. It was moved and seconded
(Norris/Holcomb) to approve Ordinance #13-16 to rezone from CO -
Commercial Outlying to R-2-Two-Family Residential, 475 Fall River
Lane with the Planning Commission recommended conditions of
approval, and it passed unanimously.
4. ACTION ITEMS:
1. ADDITION OF A PART-TIME UTILITIES PROJECT MANAGER.
Director Bergsten presented a request to add a part-time Utilities Project
Manager currently funded through a flood recovery Department of Local Affairs
(DOLA) grant. The grant limits the position to work related to flood recovery
only and would expire December 31, 2016. Utilities proposes to move the
position to a 50/50 cost sharing arrangement with the support of DOLA. This
would allow the position to continue to work on flood recovery effort part-time
through 2017 and begin working on other Utility projects such as the Allenspark
capital improvement project, DOLA Broadband grant, and Smart Meter/Smart
Grid project. The proposal would reduce the grant revenues the Town would
receive from DOLA, therefore, requiring additional funding form the Utilities
fund. If approved, Utilities would come forward during the 2017 budget to
discuss the merit of adding the position permanently. It was moved and
seconded (Nelson/Holcomb) to approve the addition of a part-time Utilities
Project Manager in the Utilities department for 2016, and it passed with
Mayor Jirsa and Trustee Walker voting "No".
2. ORDINANCE #14-16 VERIZON WIRELESS LAND LEASE AGREEMENT.
Manager Landkamer stated Verizon's temporary lease on another building is
expiring. They have been working with the Town to identify a site downtown on
a Town owned property or building. The location of an antenna and cell phone
communication equipment in the Moraine/Wiest parking lot was selected after
the Town Hall roof location could not be accomplished. The lease would
Board of Trustees — May 24, 2016 — Page 5
generate $18,000 per year in lease payments with not associated cost to the
Town. The location of the tower would improve service in the downtown to the
Town, guests and businesses. Attorney White read Ordinance #14-16. It was
moved and seconded (Holcomb/Koenig) to approve Ordinance #14-16, and
it passed unanimously.
3. ORDINANCE #15-16 AMENDING MUNICIPAL CODE CHAPTER 8.06 NOISE.
At the direction of the Town Board, Mayor Pro Tenn Koenig, Attorney White,
Administrator Lancaster and Chief Kufeld reviewed the Noise Ordinance
adopted in 2004 to make it less complex, easier to enforce, understandable to
the citizens, and develop realistic regulations. The significant changes include
a shorter and less complex regulation, an increase in decibel level to 80 dBA,
standardization of quiet hours from 10:00 p.m. to 7:00 a.m., simplify the
technical requirements of enforcement, deletes the reference to motor vehicles
using the public right-of-way, update the variance procedure to a temporary
permit process, and aid in addressing issues the Police department routinely
deal with in Town limits.
Johanna Darden/Town citizen requested the Board review the proposed
Ordinance further before taking action, stating the decibel level should be
reconsidered. The proposed Ordinance would allow too much noise.
After further discussion, Attorney White read Ordinance #15-16. It was moved
and seconded (Koenig/Holcomb) to approve Ordinance #15-16, and it
passed unanimously.
4. AUTHORIZE PASS -THROUGH FUNDS FOR DESIGN OF COLLECTIONS
FACILITY. Director Fortini presented a request to spend up to $100,000 in
pass -through funds from the Estes Park Museum Friends and Foundation, Inc.
(EPMFF) for the design of a Collections and Research Facility for the Museum.
The EPMFF has committed to fundraise the full amount of the facility project at
an estimated cost of $1.7 million. The public kick-off event has been
scheduled for September 18th and a conceptual design is essential to the
effort. If approved, a Request of Quotation would be released within 2 weeks
with a completed design by the end of August. The project would be managed
by Director Fortini and Facilities Manager Landkamer. It was moved and
seconded (Holcomb/Norris) to approve the acceptance of up to $100,000 in
pass -through funds from the Estes Park Museum Friends and
Foundation, Inc. to be used by the Town towards the design of the
Museum's Collection and Research Facility, and it passed unanimously.
5. CARRIAGE HILLS (SCOTT PONDS) DAM REHABILITATION
CONSTRUCTION CONTRACT AWARD. Manager Ash stated with the Town
was able to secure Division of Homeland Security & Emergency Management
grant funding in the amount of $983,000 for the repairs to the Carriage Hills
dam, an RFP was advertised on April 11th. The Town received 4 bids which
include the base bid and 2 add alternate items for a total bid amount from each
company as follows: American West - $972,300, Dietzler - $1,0011,825, ESCO
- $1,109,432, and Zak Dirt - $1,174,309. After review of the bids and
references, staff recommends the Town contract with American West
Construction, LLC to bring the dam into compliance with the State Engineers
Office mandate by completing the base bid work at a cost of $698,414 and
provide spending authority of the total grant funds of $780,000. This
represents an 11.7% contingency. If the contingency is not needed the funds
would be used to complete add alternate 2 in the amount of $34,475 to
excavate additional material from the lower pond and increase the volume of
the impounded water. Remaining funds have been allocated to construction
management by Cornerstone Engineering in the amount of $70,000, $25,000
for Water Rights Augmentation Plan, and $108,000 to purchase water rights
once the Augmentation Plan has been completed. The improvements would
implement resilient and compliant flood control measures and rehabilitate a
Board of Trustees — May 24, 2016 — Page 6
public natural recreation area and fishable pond. The construction activity
would impact the open space and wildlife in the area during the 60-day
construction period. It would also require the closure of the pedestrian trail.
Discussion ensued on the Town's current junior water rights and the need to
upgrade the water rights. Attorney White would review the water rights and
provide a legal opinion on the Town's position.
Those speaking in favor of the contract including Joe Holtman/Town citizen,
Johanna Darden/Town citizen, and Roger Galloway/Town citizen. They
thanked the staff for their efforts on the project and supported the restoration of
the area.
After further discussion, it was moved and seconded (Koenig/Norris) to
authorize the Mayor to sign a construction contract for the Scott Ponds
Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and
Carriage Hills Dam #2 rehabilitation with American West Construction,
LLC in the amount of $698,414. Public Works is authorized to send up to
$780,000 for the Alternate 2 work and/or potential unanticipated changes
encountered during construction, and it passed unanimously.
6. 2016 STREET IMPROVEMENT PROGRAM - CHIP SEAL CONTRACT
AWARD. Director Muhonen stated a Request for Bids for the 2016 Chip Seal
contract was issued on April 22nd for multiple streets within Town limits,
including Arapahoe Lane, Pawne Drive, Prospect Estates Drive, Ute Lane,
University Drive, Cherokee Drive, Bristlecone Court, Solomon Drive, Morgan
Street, Cherokee Court, Indian Trail, Steele Court and Bailey Lane. The Town
received two bids as follows: A-1 Chip Seal Co. - $189,855 and Foothills
Paving & Maintenance, Inc. - $161,680. Staff recommends contracting with
Foothills Paving & Maintenance and requested the authority to spend up to the
budgeted amount of $200,000 to complete additional chip seal projects to be
identified by staff. It was moved and seconded (Holcomb/Martchink) to
authorize the Mayor to sign a construction contract with Foothills Paving
& Maintenance, Inc. for the 2016 Chip Seal Program in the amount of
$161,680.00. Public Works staff is authorized to spend up to $200,000.00
for additional chip seal work on additional Town streets, and it passed
unanimously.
Whereupon MayorJirsa adjourned the meeting at 9:00 p.m.
Todd Jirsa, Mayo
Jac, Williamson, Town Clerk