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HomeMy WebLinkAboutPACKET Town Board 2012-08-28The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 28, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated July 17, 2012, August 2, 2012 and August 14, 2012, and Town Board Minutes dated August 14, 2012. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works, August 9, 2012. 1. Police Lobby Remodel, $140,000. 2. John Deere Utility Tractor, Colorado Equipment - $50,625 – Budgeted. 3. 2012 Street Crack Sealing, A-1 Chipseal Co. - $119,040 – Budgeted – Moved to September 11, 2012. 4. Estes Valley Planning Commission Minutes dated July 17, 2012 (acknowledgement only). 5. Estes Park Housing Authority Fee Waiver for The Pines Condominiums Development Application Fees. Applicant Request Continuation of the Item to September 25, 2012. 2. LIQUOR LICENSE ITEMS: 1. REPORT - RENEWAL LICENSE - GALEX LLC DBA CHELITOS MEXICAN RESTAURANT. Town Clerk Williamson. Prepared 8/15/12 *Revised: 8/23/12 **Revised 8/23/12 ***Revised 8/24/12 ** *** NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED CONDOMINIUM MAP, Ranch Meadow II, 1639 Raven Avenue, Units A-L, Ranch Meadow HOA/Applicant. B. SUPPLEMENTAL CONDOMINIUM MAP #4, Stanley Avenue Condominiums, 510, 512 & 514 Stanley Avenue, Kingswood Homes/Applicant. C. MINOR SUBDIVISION, Lot 2, Pine Knoll Subdivision, Estes Park Housing Authority/Applicant. Request to continue to September 25, 2012. D. PRELIMINARY & FINAL CONDOMINIUM MAPS, Lots 1 & 2, The Pines North Condominiums and The Pines Condominiums, Estes Park Housing Authority/Applicant. Request to continue to September 25, 2012. 4. ACTION ITEMS: 1. TREE BOARD APPOINTMENTS. Director Zurn. 2. REVISED KIOWA RIDGE LAND PURCHASE (WATER TANK & OPEN SPACE). Assistant Town Administrator Richardson. 5. ADJOURN. * ** ** **       Town of Estes Park, Larimer County, Colorado, July 17, 21012 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall Rooms 202/203 in said Town of Estes Park on the 17th day of July, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees, Elrod, Ericson, Koenig, Norris and Phipps Attending: Mayor Pro Tem Blackhurst, Trustees, Elrod, Ericson, Koenig, Norris and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Fire Chief Dorman, Director Chilcott, Commander Rose, PIO Rusch, and Town Clerk Williamson Absent: Mayor Pinkham Mayor Pro Tem Blackhurst called the meeting to order at 6:00 p.m. Commander Rose stated an operational debriefing of the Woodland Heights fire was held on July 5th. It was determined the operational aspects of the event were handled well; however, communication could be improved both internally and externally. A list of tasks to improve communications was assembled, including applying for government emergency telephone (GET) priority to allow priority to numbers on the list during an emergency; research wireless carrier capabilities during an event and 800 MHz dependability; determine if the cell phone companies would increase capacity to meet the communities maximum need during peak summer season; formalize interagency crisis communications plan, develop and conduct emergency management training for business owners to include accommodation evacuations, traffic plans, information dissemination, cell phone use, etc.; formulate and distribute general emergency talking points to accommodations and businesses through Visit Estes Park; establish clear guidelines for Everbridge notification system; research cost and implementation for a local AM emergency radio station to record messages that would loop; create Town staff text message group; incorporate utilities representative at Command Post (IC); coordinate volunteer efforts; logistics officer assignment; and use of Channel 8 and Nick Molle for emergency information. The Board questioned what role could VIOP and the fiber ring play during an emergency. Staff stated VIOP communications utilize a cell tour and therefore would not provide additional capacity. Additional capacity could be utilized through wireless or Ethernet connections. The Board discussed the need to convert the Visitor Center into a joint communication center, cross training the ambassadors, and convert the phone lines to emergency communication lines during an event. The Town’s dispatch center has the capability to set up an emergency contact line for the community to receive information. The Everbridge system was designed to be used during an eminent emergency; however, the system does have a community information application. The community piece has been used in Fort Collins with some issues such as people thinking they are receiving an emergency message rather than community information. Additional research on how to use this application is needed before implementing it further. Alternate communication methods could include using the Visit Estes Park stakeholder email list to communicate during an emergency; social media; establish an AM radio       station at a cost of approximately $10,000, and press releases on how to get the latest updates. Protocols should be established on how to communicate during an emergency event. Staff would investigate the availability of grants through FEMA or CDBG. The Board received numerous comments and feedback during and after the fire including the incredible response and availability of the helicopters due to the High Park fire in Fort Collins; the traffic jam created during the evacuation of the Park through the Fall River entrance; what would have been the Park’s response if the fire had started in the Park; the Park does not let fires in the urban interface burn, therefore, the response would have been the same; Fire Chief Dorman stated the district is working to develop alarm levels to improve response; and a community table top exercise is needed to prepare the community. Administrator Lancaster stated the County would normally take the lead on the recovery effort because the fire occurred almost solely in the unincorporated area; however, with the High Park fire the County has been overwhelmed. The Town has provided information to the fire victims on how to avoid fraud, scams, and how to rebuild. The Community Development department has prepared recovery information. There may also be FEMA funding available for the recovery. A FEMA team recently visited the fire area and may include the Woodland Heights fire with the High Park and Waldo fire incidences for disaster relief. SBA funds may also be available regardless of FEMA funding for any small business in the area. There may be policy discussion as the recovery moves forward such as several homes being served by one tap, which is not allowed under current policy. There would most likely be requests for fee waivers that may benefit insurance companies; therefore, there is a need to discuss the issue further with the Board. The Town does not currently have a contingency plan for establishing an offsite location for Town business including dispatch services. The Fire Station would not be a convenient location because the district is still awaiting the fulfillment of a grant to upgrade to 800 MHz system. The Police communication truck could be utilized as a backup dispatch center during an emergency. Town Administration shall develop a text group to communicate with the Board during future emergencies because texting capacity was still available even though cell phone usage was interrupted during the current emergency. Trustees questioned whether or not the Board should be given scanners. The Board stated a policy should be developed on how the Board received communication during an emergency in order to effect policy decisions. Training should be completed after each biennial Municipal election. Administrator Lancaster stated NIMS training would be good basic training for the Board. He also stated the Board reacted appropriately during the fire by being nearby and talking to the people affected by the fire. There being no further business, Mayor Pinkham adjourned the meeting at 7:20 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, August 2, 2012 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Museum Meeting Room in said Town of Estes Park on the 2nd day of August, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees, Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Directors Bergsten, Chilcott, Kufeld, McFarland and Zurn, Manager Winslow, Public Information Officer Rusch and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 8:30 a.m. Definition of Goals A goal should be a general guideline that explains what you want to achieve, long term, or a global vision that has an end statement. Goals should be attainable, measurable and specific, with a clear objective and have a definable end date. A clearly defined goal allows the Board and staff to know when it has been completed. Goal Setting Process The Board discussed the timing of setting goals including the need to develop goals and evaluate the previous year’s goals and objectives as a part of the budget process starting in May/June of each year. It was determined 4 to 6 ongoing long range goals that fund improvements should be developed with definable objectives set annually. The Board would like to have a five year outlook when developing goals and objectives. The policy governance document would address the goal setting process. Review of 2012 Goals Staff prepared a document to outline the five goals and objectives of each. The document established goal teams headed by two department heads to help coordinate the effort. It is the responsibility of the co-chairs to direct, lead and manage the assigned goal team efforts in achieving the goal. Once the goals have been established by the Board, it is the responsibility of Town Administration and staff to fulfill the goals. Staff will continue to utilize the process of identifying lead staff, objectives for each goal and an action plan based on issues from the citizen survey. Develop Economic Strategy Assistant Town Administrator Richardson has been attending economic development meetings as a representative of the Town. He stated the group has identified the most successful economic offices are those not associated directly with the local government, but who’s efforts are supported financially. The next steps include a State economic assessment of Estes Park to review the options for new business and how to retain the current tourism base. The group has also agreed there is a need for all local taxing entities to be involved and at the table. Improve Transportation The Board stated the Town is on track with improvement and the community has been positive regarding the progress made to date. The Transportation Visioning Committee and the Shuttle Committee need to be formalized and goals set for these two committees. The transit/parking structure financing needs to be identified and Town Board Study Session – August 2, 2012 – Page 2 construction to begin in 2013. The construction would begin in the fall of 2013 with completion by the end of spring 2014. The Board expressed concern with the design of the structure and the need for both Board and community input. Sustain Infrastructure Staff has been moving forward with improving the roadways with the additional funding made available in 2012. The utilities staff would be providing additional information on the status of the water system and the line replacement needs. The Board questioned what financing options would be available to complete road improvements such as a sales tax paid by citizens and visitors, the creation of a new road utility paid by the citizens of Estes Park, COPs or bonding. Town Administrator Lancaster discussed the option of creating a strategic plan and through the process developing a community improvement package that addresses needs of the community, thereby building support and buy in from a number of constituents. This scenario would have the Town bringing forward one sales tax request in 2013 rather than a number of potential increases for future projects. Fort Collins used this approach and was successful; therefore, staff suggested meeting with Fort Collins staff to discuss how the sales tax increase was marketed to the community. He stated a plan could address what the community might look like in 2025 and emphasize the needs (street improvements, expand economy to year-round, create other business opportunities, affordable housing for middle income, community center, transportation/shuttle system, etc.) and results rather than the sales tax. The Board would adopt the vision/strategy with the effort of the community and other districts. The Board discussed the need to address other financing options such as engaging the county to fund improvements, outside businesses and residents, what could be borrowed and the interest rates, and the need to understand the pros and cons of the different funding options. It was stated that construction costs are down and the Town should take advantage of the current construction environment. Concern was raised on increasing the sales tax could have a negative affect on lodging owners in town, and would positively affect the Fire District which receives 7% of annual sales tax collections. Staff would bring forward a facilities manager position during the 2013 budget because the Town does not have a maintenance plan to review maintenance of the Town owned physical capital. Staff has been working with a consult to develop a scope of work addressing the current groundwater issues. Once the State approves the scope of work an RFP would be developed to complete the improvements. Staff would recommend phasing the improvements; however, the State may require the improvements be completed immediately. Stanley Park Redevelopment The Board discussed the need to review timelines for the design, bid and build for both the stall barns and the MPEC. This multi prong approach would allow the Board to review the updated pro forma for the MPEC and determine if it is feasible to move forward with both projects. Concern was raised with how the MPEC would be financed and if waiting would delay the construction of needed stall barns for next year. The Board consensus was to move forward with an A-3 design for the stall barn that would accommodate human use. Staff would develop pert charts for review with the Board at an upcoming meeting to provide staff with direction. Staff would develop an RFP this fall to address how the FOSH funds would be distributed. The Board requested staff research the original committees intent for the distribution of the funds. Town Board Study Session – August 2, 2012 – Page 3 Bond Park The Board discussed whether the item should remain as a goal because the Master Plan has been developed and a number of the phases will be completed by next spring. The item would remain as a short term goal due to financial and budgetary requirements. It was suggested pert charts be developed outlying the projects to illustrate the flow and funding needed. 2013 GOALS Develop Economic Strategy • Complete an internal audit of town services and information to support business expansion and new businesses. • Review the Municipal Code and Estes Valley Development Code outlining barriers to business development. • Continue to participate in county, regional and state economic planning. • Develop and adopt a policy defining the Town’s role in economic development. Improve Transportation • Complete financing and begin the construction of the transit facility in 2013. Sustain Infrastructure • Continue the street maintenance /improvement program. • Address groundwater issues with the closed landfill on Elm Road. • Address maintenance and management of Town owned buildings. Stanley Park Redevelopment • Develop and implement a process for the use of the FOSH funding by the end of first quarter, 2013. • Develop an RFP and financing mechanism for a new stall barn and possible MPEC at the Fairgrounds with completion of the barns prior to the 2013 season. Bond Park Redevelopment • Continue development and construction of the Bond Park Master Plan phasing. Other • Adopt a policy and plan to address ongoing capital needs comprehensive capital improvement plan, including financing alternatives. • Adopt governing policies for the Board by June 1, 2013. • Development and adoption of a strategic plan by June 1, 2013, to be used in the development of the 2014 budget and in subsequent years. • Development and adoption of a Community Grant policy. There being no further business, Mayor Pinkham adjourned the meeting at 12:08 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, August 14, 2012 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 14th day of August, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Dir. Zurn, Dir. Bergsten, Dir. Williamson, Finance Officer McFarland, Manager Winslow, Town Attorney White, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:00 p.m. STALL BARN DISCUSSION. Discussion at a previous Town Board Study Session involved proposed uses for the stall barn in order to determine what type of structure to build. Representatives of the design team defined the characteristics of a U-rated structure which could be used for strictly agricultural purposes, as well as a building with an A3-rated use which would allow the building to be used for a variety of purposes and provide for more scheduling flexibility. The cost of an A3-rated building was estimated to be $1.7 million to $2.5 million. The Board’s preference is to move forward with an A3-use stall barn, to move forward with construction bids for the multi-purpose event center (MPEC), and have Finance Officer McFarland provide information regarding financing options for the projects. The Trustees requested that Elena Scott of Norris Design, provide the construction costs of a bare minimum A3 structure and supply a list of costs for add-ons such as masonry accents, cupolas, office finish, and a public address system that may or may not be included in the original structure but could be added if funding is available, or at a later date. Ms. Scott estimated cost of a basic stall barn without restrooms at $1.976 million. The addition of restrooms at an estimated cost of $245,000 would be required in order to bring the structure up to A3 usage specifications. The cost of a foundation under the restrooms would be additional, as well as $150,000 for off-site sewer requirements. The add-on costs were reviewed and discussed: masonry accents are part of the architectural requirements established for improvements and new structures at the fairgrounds; the cupolas are more decorative than functional; upgraded sewer lines would service entire fairgrounds property; wash bays are external and drain into detention ponds, not the sewer system; an exception could be requested for landscaping and irrigation requirements; and staff will research the cost to rent stalls as opposed to purchasing stalls for the barn. Additional comments included: the new stall barn will be fully utilized if the old barns are removed; 490 stalls are required for the Hunter Jumper event; the fairgrounds need to be both functional and attractive to be competitive; staff is currently working with a group concerned with the facility’s appearance and working to make accommodations to improve the situation; and the proposed delivery, construction and completion of the new stall barn is May 15, 2013. Town Board Study Session – August 14, 2012 – Page 2 In regard to the architectural requirements for buildings at the fairgrounds, Mayor Pro Tem Blackhurst noted that previous Boards adopted design standards such as masonry accents, colors, design and trim because it was important to ensure that the fairgrounds was a first class facility. He said from a cost per square foot perspective, the construction of the building is relatively inexpensive. Dir. Zurn stated that the Board needs to be confident in the type of structure they want built before directing the designers to move forward with schematic designs for the building and site, and the development of construction drawings for bidding purposes. To go backwards or make changes that would require a new design would be expensive. He said the directive to proceed must be based on estimated costs, added that the numbers include a 10% contingency, and stated that actual numbers may come in lower than the estimates. Glen Calvert, design team member, suggested preparing the construction bid documents and listing certain items as alternates in order to get numbers from contractors. He cited masonry columns, electrical upgrades, a public address system, and restrooms as examples. The Board expressed a comfort level with the add alternates approach to the project and directed staff to move forward with plans for an A3-use stall barn that would adhere to adopted architectural standards for the fairgrounds. In addition, the Board requested that staff proceed with obtaining bids for construction of the MPEC which is designed to accommodate conventions, function as an exhibit hall, and house 140 horse stalls. Other potential uses for the MPEC may be sporting events and regional tournaments sponsored by the school district, clubs, or sports organizations. The MPEC construction costs combined with data received from the MPEC pro forma, and financial information provided by Finance Officer McFarland will provide the Board with information for future decision-making. The Mayor called for a ten minute break for dinner at 5:00 p.m. POLICY DISCUSSION. Utility Transfer – Finance Officer McFarland reported that the current rates of transfer from the Utility Funds are 8.5% for Electric and 4.0% for Water based on gross revenue provided by residential and urban sales. Information recently discovered in the Town archives (circa 1940 when the Utilities were created) refer to a transfer from Utilities to the General Fund for the purpose of keeping future property tax increases to a minimum. Estes Park continues to have a low mill levy when compared to the rest of the State of Colorado. Utility Fund transfers are not unique to Estes Park, as a report previously completed by Assistant Town Administrator Richardson indicated that 79% of 29 municipalities researched utilize utility fund transfers. Previous discussions led to the Board requesting a policy related to the Utility Fund transfer to provide a basis for the transfer and transparency for the public. Assistant Town Administrator Richardson developed a draft policy for the Board’s review which proposed a transfer cap of 10% of net revenue. Net revenue refers to an organization’s revenues, net of discounts and returns; while net income is revenue net of all expenses. Discussion is summarized: a transfer based on net revenue is standard practice; a transfer based on net income would have major budget implications; set a policy that makes sense and demonstrates transparency to the public; transfer the balance remaining after expenses are subtracted from revenue; no problem with the Town charging the utility for use of Town facilities; transfer continues to keep property taxes low and helps to fund services such as the Senior Center; without the transfer services would have to be cut; outcomes justify the percentage of the transfer and are necessary for the quality of life; services funded from the General Fund seem appropriate; what we are doing seems to be working; will be setting policy that will be a guideline in the future; and feel comfortable with the 10% cap proposal. Town Administrator Lancaster stated that a private utility pays franchise fees and taxes Town Board Study Session – August 14, 2012 – Page 3 and the Town utility is paying the same expenses. The return on investment of Public Service is 10.5% off the top which is regulated by the Public Utilities Commission. The Trustees questioned the percentage of wages for services rendered for administrative services to the utilities. The policy should state the basis for allocating the percentages with the Finance Officer implementing a reasonable cost allocation process. Assistant Town Administrator Richardson and Finance Officer McFarland will continue to work on the policy to include the basis for allocations and transfer percentages. Community Service Grants – Finance Officer McFarland said that over the past six or seven years, the total amount of Community Service Grants (CSG) funded equaled approximately 5% of sales tax. Trustee Koenig provided background related to guidelines used during the selection process which include, but are not limited to: are the funds used to address a community need; is the organization increasing the dollar amount of their request and if so, what is the basis for the increase; how many people are served by the organization; and does the organization seek out other funding sources. Trustee Elrod expressed concern that the Town’s generosity may limit the ability of these organizations to receive funds from the private sector and also noted that utilizing sales tax dollars for the CSGs eliminates the public’s choice as to what organizations to support. He suggested cutting back on the grants and allowing the public to make decisions regarding what organizations to provide with financial assistance. The Trustees requested that staff include selection criteria within the policy and preferred to keep flexibility by designating a percentage rather than a fixed dollar amount to be utilized for grants. In addition, the Trustees proposed that the grant funds be used for programs that tie into the Town’s mission, vision and goals. Catastrophic Loss Fund – The Trustees discussed whether there is a need to continue holding the monies from the Catastrophic Loss Fund (CLF) in reserve or to consider utilizing the funds in some manner. The fund was created in 1977 as a self- insurance fund following the Big Thompson Flood for the purpose of covering uninsured losses and deductibles the Town might incur. Funding of the CLF ended in1988 when the balance in the fund reached $1 million. The CLF was discontinued in 2010 and the monies were transferred to the General Fund fund balance. In 1988 the Town began a relationship with CIRSA for property and liability insurance coverage. With insurance coverage in place, the $1.277 million amassed in the CLF may be used to address other needs of the Town. The Trustees concurred that these monies no longer needed to be held in reserve and discussed utilizing the CLF funds for capital projects in Light & Power, Water, Streets and Parks. Town Administrator Lancaster said that transfers to the CLF from Light & Power and Water will be returned and earmarked as supplemental funds for capital projects and infrastructure improvements. FUTURE AGENDA ITEMS. Items discussed for inclusion on future Town Board Study Session agendas include: • Visit Estes Park Branding Blueprint – Logos and Colors • The Town’s role in economic development, Town real property, financing options • Update to Comprehensive Plan – Joint meeting with the Estes Valley Planning Commission • Strategic Planning • Policy Governance • Quasi-Judicial Role of Trustees MISCELLANEOUS. Town Administrator Lancaster asked for direction in regard to follow-up from the community bear meeting that was held on August 9th and noted that the Town does not have a contractual arrangement related to the services provided by Waste Management. Trustee Koenig stated that it is not the Town’s job to mandate the use of bear-proof trash containers nor does the Town have the ability to monitor the situation. Town Board Study Session – August 14, 2012 – Page 4 The Trustees said that the Town should set an example for the community by dealing with trash in a responsible manner and asked staff to prepare a list of recommendations related to managing the trash situation in a manner that will be safe for both the community and the bear population for their review. There being no further business, Mayor Pinkham adjourned the meeting at 6:39 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, August 14, 2012 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 14th day of August, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Greg White, Town Attorney Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Cynthia Deats, Deputy 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. SWEARING IN OF OFFICER GREGG FILSINGER, JR. Officer Gregg Filsinger, Jr., was formally sworn in as an officer of the Estes Park Police Department (EPPD) by Town Clerk Williamson. PRESENTATION – COLORADO ASSOCIATION OF CHIEFS OF POLICE ACCREDITATION (CACP). Chief Gary Barber of Frederick, Colorado, chair of the professional standards committee of the Colorado Association of Chiefs of Police (CACP), presented Chief Kufeld with a CACP accreditation certificate for the Estes Park Police Department. He noted that of 232 law enforcement agencies existing in the State of Colorado, only 15% are accredited by the CACP, and reported that the EPPD met or exceeded all established standards and passed an onsite accreditation assessment. He congratulated the Police Department for its commitment to providing quality law enforcement services to the community. PUBLIC COMMENTS. Tom Gootz, Town resident, read portions of a letter from the Association for Responsible Development (ARD) requesting that the Town budget funds in 2013 for the purchase of bear-proof trash containers for Bond Park. Jim Tawney, Town resident, spoke in regard to the community meeting on bears that was held on August 9th. He noted that Waste Management installed an inexpensive bear-proof device on his dumpster and proposed that discussions be held with Waste Management related to adding the device to dumpsters in the community as well as discussions related to the services Waste Management provides to its customers. Johanna Darden, Town resident, said the meeting held on August 9th provided a good opportunity to discuss ideas for a community plan focusing on both public safety and the safety of the bear population. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Norris announced that the Walk to End Alzheimers will be held at September 15, 2012, at the Ranch in Loveland with proceeds going to fund research on the disease. He said the Estes Park Economic Development Task Force, which is Board of Trustees – August 14, 2012 – Page 2 sponsored by the Estes Valley Partners for Commerce, is conducting interviews to obtain information from other communities as to how they approach economic development. The information will be used for outreach sessions for interested parties and special districts within the Estes Valley. Visit Estes Park is continuing with its brand strategy project, recruiting for a PR and Social Media Manager, and wrapping up a research project on the economic impact of tourism in Estes Park. Trustee Koenig encouraged the community to participate in the BioBlitz that will be held at Stanley Park Fairgrounds on August 24th. She reported that the Rooftop Rodeo Committee is beginning planning for next year’s event. Trustee Phipps attended an orientation meeting for the Open Lands Advisory Board and will be touring all Larimer County Open Land sites. Rob Novak of the Larimer County Natural Resources Department will be speaking on getting back to nature at the Estes Park High School on August 27, 2012. Trustee Ericson reported that at a meeting held on August 14th, the Audit Committee reviewed a draft Request for Proposal (RFP) for an auditing firm. He expressed interest in the proposed Rocky Mountain Performing Arts Center, and acknowledged Town Clerk’s office staff for producing minutes that provide a written record of public meetings. Mayor Pinkham also encouraged participation in the two-day BioBlitz event sponsored by National Geographic. The various species of wildlife and bio-diversity in Rocky Mountain National Park will be catalogued and inventoried during the event. There will be events, exhibits, and music taking place at the fairgrounds as well as opportunities to volunteer in Rocky Mountain National Park. TOWN ADMINISTRATOR REPORT. • The Town sponsored a successful, well-attended community meeting on bears on August 9th. Town Administrator Lancaster clarified that the Town does not have a contractual arrangement with Waste Management nor is the Town involved in the business operations of Waste Management. The relationship between Waste Management, or any other trash hauler, and their customers is private and only through legislation or the adoption of an ordinance would the Town have the ability to require specific types of equipment such as bear-proof containers. Town Administrator Lancaster said a contract does exist for Waste Management to operate the transfer station and haul trash to the landfill located south of Fort Collins, and reiterated that the contract is solely for the purpose of operating the transfer station. 1. CONSENT AGENDA: 1. Town Board Minutes dated July 24, 2012, and Town Board Study Session Minutes dated July 24, 2012. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services, July 26, 2012. 4. Estes Valley Board of Adjustment Minutes dated June 5, 2012 (acknowledgement only.) It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. ACTION ITEMS. 1. MUSEUM COLLECTION INVENTORY TEMPORARY POSITION. Board of Trustees – August 14, 2012 – Page 3 Museum staff is in the process of conducting a complete inventory of objects within its collection in order to have accurate information to use as a proposed Collections and Research Center and Master Plan for the Museum moves forward. With a complete inventory, museum staff will be confident in the number of objects within its collection and be able to refine its collection to items that meet its current mission of interpreting and preserving local history. Staff is requesting approval to hire a Collection Inventory Temporary Employee to solely focus on this project and complete the inventory by the end of 2012. The total estimated cost of the temporary employee is $8,113,01. This is an unbudgeted expenditure to be funded by drawing down the Community Service’s fund balance. It was moved and seconded (Ericson/Norris) to approve hiring a Collection Inventory Temporary Employee at an estimated unbudgeted cost of $8,113.01 from account #222-5700-457-11- 03, and it passed unanimously. 2. TREE BOARD APPOINTMENTS. This item was removed from the meeting agenda and tabled to August 28, 2012. Whereupon Mayor Pinkham adjourned the meeting at 7:31 p.m. William C. Pinkham, Mayor Cynthia A. Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, August 9, 2012 Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of August 2012. Committee: Chair Blackhurst, Trustees Koenig and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Chief Kufeld, Directors Bergsten and Zurn, Superintendent Fraundorf, Finance Officer McFarland and Clerk Williamson Absent: None Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. PUBLIC SAFTEY Police Lobby Remodel – Request Approval. The project has been reviewed by both the PUP Committee and the full Town Board at a recent study session. The lobby improvements would enhance the safety of both the staff and the public. The project was budgeted at $40,000 for 2012, and after project scoping and full analysis of the project, it was estimated at $140,000 for full build-out. The project would be funded by realized savings in personnel costs from the Police department of $70,000 due to four vacancies during the first half of the year, $40,000 budgeted and an additional $30,000 from the General Fund. The funding would be moved to the Community Reinvestment Fund in an effort to fund all large capital projects from the fund. After further discussion, the Committee recommends approval of the Police Lobby Remodel project and funding as outlined above as a consent item at the August 28, 2012 Town Board meeting. REPORTS Estes Valley Victim Advocate 6 Month Report. Director Mary Mesropian reviewed the report and emphasized the efforts of the volunteers supporting the victims of the Woodland Heights fire during and after the event. The Advocates have helped a number of individuals during the first half of the year with issues related to domestic abuse, sexual abuse, death, assault, stalking, counseling, group counseling, and other crimes. Police Golf Tournament. Chief Kufeld stated the tournament was held on August 3, 2012 with over 116 participants from 20 different agencies. $2,500 was raised during the charity event with funds to be donated to local charities. UTILITIES REPORTS Water Distribution Leaks and Prioritization. The Water department has spent significant effort and financial resources on the reconstruction of the Marys Lake Water Treatment plant, and the replacement of lower priority water mains during recent street replacement projects. The last significant water Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 2 main line pipe replacement was completed in 2006. Staff has maintained a formal pipe replacement project list that prioritizes replacement based on frequency of leaks (highest customer impact due to street closures, loss of water service and short term water quality issues), size of the leak, pipe size, pipe material, water quality, water pressure and cost. The purpose of replacing the water mains at the end of their useful life is to reduce overall operating costs, increase service reliability and improve water quality. Failures in the system are from corrosion failures, brittle cast iron failures due to cold water temperatures, and the rocky sub terrain in the area. The use of ductile iron mortar-lined pipe has improved performance and integrity of the system. Staff has begun to address the water main line distribution system by updating the electronic GIS maps to improve staff’s ability to track metrics associated with failing water mains. The committee discussed the need to address the priorities of both the water line and street replacement/repair projects to ascertain the most pressing needs of both infrastructures. This would prevent newly paved roads from being cut into for water leaks in the future. The items need to be brought forward as a package to the Board for consideration rather than separate projects. Director Bergsten stated a pert chart has been produced which can integrate both street improvements and waste water improvements. Administrator Lancaster suggested a water line replacement program similar to STIP be reviewed by the Board. Fiber Optic Lease Update. Superintendent Fraundorf stated the 5 year contract with Level 3/ICG signed in 2005 utilized the long haul from Estes to Loveland. The contract outlined the Town would receive 15-17% after the company reached $15,000. To date, Level 3 has one customer, Airbits, and the Town has not received any funds accept for sales tax. ICG was not aware of the contract and any distribution of funds would have a direct impact on Airbit customers. Therefore staff and Attorney White are developing a new contract with financial considerations. It has also been determined ICG has been using PRPA’s fiber ring with no formal contract. Staff has been in discussion with RMDAS, a company the Town is under current contract to provide fiber to the fairgrounds, to provide an alternative venue for the Town to connect to the internet when service is lost. This would create a redundant system for the Town. The YMCA currently uses Century Link, which ends in November. Discussions continue with the YMCA on the possibility of leasing Town fiber. Assistive Hearing Audio System. A new hearing assistive system was installed 6 weeks ago. A portable system has also been installed in the upstairs meeting rooms, which has enhanced the audibility of meetings. The entire system was purchased for approximately $3,000. Trustee Koenig requested a similar system be purchased for the meeting room at the Museum. Public Internet. A computer has been placed in the atrium of Town Hall with Baja providing free wireless access to both Town Hall and the Visitor Center. Staff continues to work on placing public wireless in the upstairs meeting rooms. PUBLIC WORKS John Deere Tractor Replacement – Request Approval. The 2012 Vehicle Replacement Fund includes $50,000 for the replacement of the 1994 Special Events tractor G-84A. The tractor is 12 years old with 2347 hours; it is within the replacement parameters of time and operation costs (Replacement Type 12 / 10 years or 6,000 hrs & monitor costs). Quotes were received from three vendors and are as follows: 21st Century Equipment John Deere 5115 M MFWD Utility Tractor - $63,588.10 Fort Morgan, CO 80701 Trade in - $8,000.00 Total cost with trade - $55,588.10 Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 3 Longs Peak Equipment John Deere 5115 M MFWD Utility Tractor - $56,474.69 Longmont CO 80504 Trade in - $5,500.00 Total cost with trade - $50,974.69 Colorado Equipment John Deere 5115 M MFWD Utility Tractor - $58,125.00 Fort Collins CO 80524 Trade in - $7,500.00 Total cost with trade - $50,625.00 Staff recommends purchasing a new John Deere 5115M MFWD Utility Tractor from Colorado Equipment from the Vehicle Replacement Fund # 635-7000-435-34-42. The Committee recommends approval to purchase a replacement John Deere tractor from Colorado Equipment as stated above as a consent item at the August 28, 2012 Town Board meeting. 2012 Street Maintenance Program. Public Works continues to focus on road improvements with a Town-wide crack seal program. On July 13th a Request for Bid was advertised in the Fort Collins Coloradoan, the Estes Park Trail Gazette and the Town’s website. The project would consist of applying 80,000 lbs of hot asphalt crack sealant on the 57 miles of existing roadways within the Town. The following four bids were received: A-1 Chipseal Co. Denver, CO $ 99,200 Coatings, Inc. Arvada, CO $116,800 Sealco Windsor, CO $200,925 Bonneville Asphalt Provo, UT $224,000 A-1 Chipseal has provided asphalt services for the Town in the past with favorable results and their municipal references provided positive feedback with regard to their work. Most recently they completed an asphalt sealant to the Park Lane parking on the Virginia Drive project. The bid is inclusive of all equipment, traffic control, labor, mobilization and 80,000 lbs sealant material. Once approved work would begin on September 3rd, with a completion date set for November 21st. Staff recommends A-1 Chipseal with a 10% contingency from the annual Street Improvement Program. The Committee questioned if the project could be completed on all 57 miles, and if the contingency was enough to cover unexpected issues with the project. Staff stated it is estimated 80,000 lbs of material would be needed to complete the project; however, it is difficult to estimate the depth of some crack that may need additional material. A weekly report would be provided by the company in order for staff to prioritize roadways to be completed. After further discussion the Committee recommends approval to contract with A-1 Chipseal to complete a Town-wide crack seal project for $99,200 from #101-3100-431-35-51 with a 20% contingency as a consent item at the August 28, 2012 Town Board meeting in an effort to complete all 57 miles. The Committee requested staff include a report in the Town Board packet outlining the project and the contingency. REPORT Street Damage/Repair Due to July 7th Weekend Storm. Staff reviewed the roadway damage caused by the July 7th weekend storm. The erosive force of the runoff led to potholing and raveling of the asphalt in a number of areas. Staff prioritized the immediate repair of Raven Avenue, Aspen Avenue, Driftwood Avenue, Columbine Avenue, Birch Avenue, Elm Road and Community Drive. To expedite the repairs, the Town was able to complete a change order on the existing contract with Coulson excavating for the Virginia Rehabilitation project. Repairs were completed on July 27th for a cost of $100,000. The storm demonstrated to staff the need for proper drainage to address water flow. There being no further business, Chair Blackhurst adjourned the meeting at 9:30 a.m. Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 4 Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 July 17, 2012 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission July 17, 2012 - 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners John Tucker, Betty Hull, Rex Poggenpohl, Joe Wise, Kathy Bowers, Tom Gresslin. Attending: Chair Klink, Commissioners Tucker, Hull, Poggenpohl, Wise, Bowers, and Gresslin Also Attending: Director Chilcott, Planner Shirk, Town Attorney White, and Recording Secretary Thompson, Town Board Liaison Elrod Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Klink called the meeting to order at 1:30 p.m. There were eight people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, June 19, 2012 Planning Commission Meeting. It was moved and seconded (Hull/Tucker) to approve the minutes as presented and the motion passed unanimously. 3. AMENDED PLAT OF LOT 7, DIVISION 5, AND A PORTION OF DIVISION 2, HIGH DRIVE HEIGHTS Planner Shirk stated this agenda item was continued from last month. The purpose of the continuance was to look at the lot configuration of the two proposed lots. The northern lot (Lot 1) was created in 1925, and the southern lot (Lot 2) was created by deed a few months later. All documents pre-date the Estes Valley Development Code (EVDC). Both of the current lots are considered buildable, with the southern lot legally nonconforming. Planner Shirk stated the purpose of this amended plat is to increase the size of the smaller lot to better accommodate a single-family dwelling. By doing so, the northern lot would become smaller. The amended plat would make the southern lot conforming, and the north lot legally nonconforming. Planner Shirk stated driveways to both lots would be shared across the northernmost portion of the lots, accessed from Larkspur Road. An access agreement would prohibit additional access points off of Larkspur Road. The existing access off of High Drive would be removed. Proposed Lot 1 would become less than 0.5 acres. Staff would support granting a minor modification to approve the smaller lot size. Planner Shirk read EVDC Section 3.7.2.b which allows the Estes Valley Planning Commission to grant minor modifications in certain instances. He also referred to Section 1.3 which addresses preservation of existing trees and vegetation and provision of adequate building setbacks. He stated there would be a “no disturb” area on the plat to protect existing trees. Planner Shirk stated if approved, this amended plat would minimize the number of culverts and associated drainage issues; increase separation between the driveway and property lines to the north; include removal of the existing nonconforming driveway on High Drive; and, provide for correction of utility easements. The existing sewer easement would be vacated and rededicated, as the original easement did not align with the actual sewer line. Because of the corner location, Lot 1 would have two front-yard setbacks, RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 July 17, 2012 making the building area smaller. Planner Shirk stated the proposed amended plat would make Lot 1 more buildable, and would make it easier to build without a variance. Planner Shirk stated this lot currently has three nonconformities, which would be reduced to one if approved. PUBLIC COMMENT Rick England/applicant representative stated the electric easement would be added to the plat. He stated the property owners supported the minor modification of the amended plat. Marilyn Terry/property owner stated the property had been in the family 50 years. The cabin directly to the north was the family’s second home. The proposed amended plat would create two lots that are more attractive to potential buyers. Karl Leppmann/adjacent property owner appreciates patience staff has shown with his objections. He opposed the amended plat due to the potential for increased visual impacts on his property. He was concerned about the length of the proposed driveway access, stating the potential for many cars to park along the driveway. He was also against the possible removal of trees on Lot 2 if someone were to build there. If approved, he would like the adjacent property owners to be able to enforce the maintenance of the driveway to reduce dust. Director Chilcott stated the driveway would be too narrow for access and parked cars, and the zoning regulations restrict the number of cars parked outside on a lot. Planner Shirk stated the access agreement would specifically prohibit parking in the shared area of the proposed driveway. Enforcement of such would be a private matter between the property owners. There was discussion concerning the preservation of trees on Lot 1. Director Chilcott reminded the Commissioners of their purview to determine the practicality of the amended plat, not the preservation of the trees. Planner Shirk restated the general guidelines for practical difficulties regarding minor modifications. He reminded the Commissioners that not all answers to the statements have to be “Yes”, and the practical difficulties for variances are different than practical difficulties for minor modifications. Public comment closed. STAFF AND COMMISSION DISCUSSION Chair Klink stated all arguments for and against the amended plat were valid. All property owners involved have certain property rights. Commissioners Poggenpohl and Tucker empathized with the neighbors, and also understood why the property owners of the two lots in question wanted to amend the plats. Commissioner Wise was pleased the application had been continued, as it allowed the property owners to give more thought to the lot configuration and access issues. Staff recommended conditional approval of the minor modification and the amended plat. CONDITIONS 1. Review and approval of Larimer County Engineering (survey review). Requires letter of approval from Larimer County Engineering prior to mylar being sent for recording. 2. Compliance with conditions outlined in letter to England Surveying dated June 12, 2012. These conditions address site access and formatting issues. 3. An accress easement/agreement and recording fee shall be submitted for recordation with the plat mylars. [Note: The access agreement specifies that both lots must share one driveway access point to be located within the access easement on Larkspur Road and the existing access point on High Drive must be removed.] 4. Prior to recordation of the plat, the sanitary sewer easement must be vacated and rededicated to the Upper Thompson Sanitation District, and shall be referenced and graphically delineated on the plat. RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 July 17, 2012 It was moved and seconded (Wise/Poggenpohl) to approve the Minor Modification for Lot 1 to allow a lot of 0.37 acres in lieu of the 0.50 acres typically required in the E–Estate zone district, as outlined in the staff report, and the motion passed unanimously. It was moved and seconded (Wise/Tucker) to recommend approval of the proposed amended plat to the Board of County Commissioners with the findings and conditions recommended by staff, and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature, and the motion passed unanimously. Commissioner Poggenpohl thanked Mr. Leppmann for his interest in the application, and for his attendance at the last two meetings. 4. AMENDED SPECIAL REVIEW 06-01C, ESTES PARK MEDICAL CENTER Planner Shirk reviewed the staff report. He stated this was not the first amendment to the original special review. The most recent was the parking lot expansion. This application is a continuing effort of improvements at the hospital. Planner Shirk stated this application request is to allow a permanent Magnetic Resonance Imaging (MRI) facility to replace the temporary facilities that are trucked in each week. He stated the architecture would match the existing building. There would be very minimal impact on the site. The stormwater drainage plan for the area would need minimal adjustment to accommodate stormwater flows. Planner Shirk stated the original request included removing the existing driveway. The plan was then altered to keep the driveway for emergency use by the temporary MRI truck. Staff supported this change, conditional to a restriction that the driveway be used only for temporary MRI use, and shall not be used for the parking of other vehicles. Staff routed the application to adjacent property owners and affected agencies. No significant concerns were expressed, other than the drainage report issue. Staff recommended conditional approval. If approved, the application would be heard at the July 24, 2012 Town Board meeting. PUBLIC COMMENT Jes Reetz/applicant representative stated the site is currently a sink hole for drainage that runs under the hospital. He stated the driveway would be closed off with posts and a chain. CONDITIONS 1. Final approval of the stormwater report by the Public Works Department prior to Town Board hearing. 2. Existing MRI parking area shall be used only for temporary imaging equipment when permanent equipment is undergoing maintenance. This parking area shall be restricted for use for temporary imaging equipment, and shall not be used for parking of other vehicles. The method of closure shall be subject to review and approval of Public Works, and shall be installed prior to final inspection. It was moved and seconded (Bowers/Poggenpohl) to recommend approval of the proposed Amended Special Review 06-01C “Hospital MRI Addition” to the Town Board with the findings and conditions recommended by staff, and the motion passed unanimously. 5. TRANSPORTATION VISIONING COMMITTEE REPORT Trustee John Erickson gave a presentation on the transportation visioning committee. He used the report “Roadmap to the Future” as a guideline for his presentation. This report was the result of nearly 18 months of research by the committee, and is available for review in the Community Development Department. RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 July 17, 2012 Trustee Erickson stated the report was intended to be a working document. There was brief discussion as to what lies ahead for transportation in the Estes Valley. Commissioner Tucker encouraged the Commission to support the document. Commissioner Poggenpohl would like the Commission to consider adopting portions of the report into the Estes Valley Comprehensive Plan. Commissioner Hull stated that the Commission is currently reviewing the Comprehensive Plan, and could use this report as reference material. 6. REPORTS Planner Shirk reported on a pre-construction meeting for Rippling River Estates, and the project is moving forward. A Development Plan for this development was approved a few years ago, prior to the downturn in the economy. Pre-construction meetings are beneficial to all involved in the project, making everyone aware of what is expected of each other during each phase of construction. Director Chilcott reported FEMA, SBA, Colorado Emergency Management Team, etc. were in town to examine the Woodland Heights Fire area. Because of this the pre- application meeting for Fall River Lodge, 900 W. Elkhorn, was postponed and will be rescheduled. Planner Shirk reported a pre-application meeting was held for a townhome subdivision plat. He anticipated the applicants would submit their proposal next month. Planner Shirk reported discussions with Estes Park Sanitation District, who will possibly be making improvements to the facility due to new federal regulations. Planner Shirk reported the Board of Adjustment approved two variances in July: the Caldwell Residence deck expansion at 2121 Eagle Cliff Road; and the Estes Park Resort’s off-premise sign at 1700 Big Thompson Avenue. The off-premise sign application was especially difficult because the actual sign location lies in the county, the business is within the Town limits, and the land underneath the sign is owned by the federal government and managed by the Estes Valley Recreation and Parks District. The Board of Adjustment approved the new sign. Planner Shirk reported the Board of Adjustment will review an application in August for a variance at 552 W. Elkhorn Avenue. At issue is a variance from the stream/river setbacks and another variance concerning garbage collection. The business owners wish to convert the space to a take-out restaurant. Planner Shirk reported Town Board approved two amended condominium maps; Streamside Condominiums and Tranquil Vail Condominiums. Both increased the area of limited common elements (LCEs). Director Chilcott reported staff was looking at what level of modifications could occur within setbacks on lots affected by the Woodland Heights Fire. Many structures in the fire area were built prior to the current zoning regulations, and would be considered nonconforming. Staff was working with those property owners to determine the best way to handle the rebuilding process. Staff was also working on a resolution to consider temporary on-site housing for property owners during the rebuilding process. Staff was considering proposing implementation of the rebuild process that Larimer County established for the High Park Fire victims. Director Chilcott reported one burned property was in the town limits, and all others were in the county. Director Chilcott reported she has scheduled a meeting with Town Administrator Lancaster to discuss the lots adjacent to the conservation easement across the river from Barlow Plaza. There are lots in that area owned by the Colorado Department of Transportation that are not part of the conservation easement. There being no further business, Chair Klink adjourned the meeting at 3:26 p.m. RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 July 17, 2012 ___________________________________ Doug Klink, Chair ___________________________________ Karen Thompson, Recording Secretary Page 1 Town Clerk’s Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: August 23, 2012 RE: Report - Renewal Application Filed by Galex LLC dba Chelitos Mexican Restaurant Estes Park Center, 145 E. Elkhorn Avenue Background: The Town has received notice from the Colorado Liquor Enforcement Division of a number of liquor code violations that have occurred at Chelitos Mexican restaurant on November 2011 and the failure of a recent compliance check on July 20, 2012. The license is currently up for renewal and per the Town Board’s request the renewal was to come forward to the Board for consideration. Due to the number of violations, it has been determined that a Show Cause Hearing is to be ordered. This item will come back as a Resolution to the Board at the September 11, 2012 meeting to set the hearing date. Staff has confirmed the applicant and the entire serving staff at Chelitos has completed T.I.P.S. training on August 17th. All necessary paperwork and fees have been submitted for the renewal. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Planner Date: August 28, 2012 RE: AMENDED CONDOMINIUM MAP, Ranch Meadow II, 1639 Raven Avenue, Units A-L, Ranch Meadow HOA/Owner Background: This is a request to amend the Limited Common Elements for the Ranch Meadow II condominiums, an existing 12-unit development located at northeast corner of Raven Avenue and Raven Circle. The purpose is to allow for additions to decks located on the west side of the units; this amendment would apply to all units. The change in the deck footprint means the boundary lines between the General Common Element (association ownership) and the Limited Common Element (unit ownership) also need to be changed. This map is the vehicle to do so. The deck additions would all meet setback requirements, would not exceed maximum lot coverage, and would not affect stormwater drainage. No new units are proposed with this amendment. Budget: N/A Staff Recommendation: Approval. Sample Motion: I move for the approval/denial of the Amended Ranch Meadow II Condominium Map. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Planner Date: August 28, 2012 RE: SUPPLEMENTAL CONDOMINIUM MAP #4, Stanley Avenue Condominiums, 510, 512 & 514 Stanley Avenue, Kingswood Homes/Applicant Background: This is a request for a supplemental condominium map for a newly constructed triplex in the Stanley Avenue Condominium development, located near the corner of Highway 7 and Stanley Avenue (Units S, T, U). The project was originally approved in 2003, and has been under development since then; one building remains to be built. This supplemental map is consistent with the approved development plan and previous condominium maps. Budget: N/A Staff Recommendation: Approval. Sample Motion: I move for the approval/denial of the Stanley Avenue Condominiums Supplemental Condominium Map #4 (Phase V, Units S, T, U). St. Vrain Ln. C O H i g h w a y 7 Stanley Avenue Stanley Avenue Condos“RM” St. Vrain Ln. C O H i g h w a y 7 Stanley Avenue Stanley Avenue Condos“RM” To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Estes Park Tree Board Date: August 28, 2012 RE: Tree Board Reappointment – J. Rex Poggenpohl Background: J. Rex Poggenpohl, who has served on the Tree Board since 2002, has reapplied to fill his term, which expired on April 24, 2012, for one additional year. Mr. Poggenpohl is a well-respected and effective member of the group. He has been instrumental in establishing and expanding the Estes Park Tree Symposium, the Legacy Tree Program, and the Arboretum. He continues to be an invaluable asset in all Tree Board activities. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the reappointment of J. Rex Poggenpohl to Estes Park Tree Board membership, with a term expiring on August 28, 2013. Sample Motion: I move for the approval/denial of the reappointment of J. Rex Poggenpohl to Estes Park Tree Board membership, with terms expiring in 2014. PARKS DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Estes Park Tree Board Date: August 28, 2012 RE: Tree Board Appointment – Steven Day Background: Currently the Estes Park Tree Board has a vacancy due to the loss of member Carol Shannon. Estes Park Tree Board members Rex Poggenpohl and Scott Roederer interviewed Mr. Steven Day for the open position and were impressed with his background and qualifications. Mr. Day has been involved in tree consulting for over 30 years in Estes Park, is a forensic botanist, tree pathologist and registered consulting arborist. Mr. Day also holds an undergraduate degree in plant pathology and botany from CSU and an upper graduate master’s degree in the same studies from the University of Maine. He has a great interest in Estes Park Tree Board activities and looks forward to volunteering for the Estes Park Tree Board. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the appointment of Steven Day, with a term expiring August 28, 2016. Sample Motion: I move for the approval/denial of the appointment of Steven Day to the Estes Park Tree Board, with a term expiring August 28, 2016. PARKS DEPARTMENT Memo Administration Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Lowell Richardson, Assistant Town Administrator Date: 08/28/2012 RE: Revised Kiowa Ridge Land Purchase (Open Space & Water Tank) Background: At the May 8, 2012 Town Board meeting a presentation was made to the Board recommending the purchase of the property known as “Kiowa Ridge Open Space and Kiowa Ridge Outlot A”. The Town Board approved the purchase of the two properties. The contract for purchase of the property was signed by the Mayor on behalf of the Town Board and by the seller Robert Koehler. On the day the property was to close it was cancelled due to unresolved issues regarding clear title to the property. Since that time the title issues have been resolved and a new contract has been completed for your review and approval. The components of the sale remain the same and can be found within the attachments that include the original memo dated May 8, 2012. Town Attorney White has reviewed the new contract and conferred with the Title Company representative throughout the renegotiations of the properties ensuring the title issues have been resolved. Budget: Purchase price for both lots is a total of $50,000. Funds are available from both the Open Space funds and the Water Department funds to acquire these properties. Staff Recommendation: Staff recommends approval to purchase both properties. Sample Motion: I move to approve/deny the purchase of the properties identified as Kiowa Ridge Outlot “A” a .17 acre parcel of land and the unplatted lot identified as Kiowa Ridge Tract “B” a 7.96 acre parcel of open space land. 1 CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY The Town of Estes Park, a municipal corporation, (referred to as “Buyer”) and Robert F. Koehler (referred to as “Seller”), agree and covenant as follows: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Buyer agrees to purchase the subject property and Seller agrees to accept and complete the sale of the subject property on the following terms and conditions: 1. Subject Property: The real property subject to this Contract (the “Property”) is legally described on Exhibit A, attached hereto and incorporated herein by reference. Together with the interests, easements, rights, improvements thereto, and all interests of Seller, including all rights and interest in any spring and mineral rights regarding said subject property. 2. Sale/Purchase Price for Subject Property: The purchase price shall be: Fifty thousand ($50,000.00) Dollars; which shall be paid at closing. 3. Earnest Deposit/Damages Upon Breach: Upon mutual execution of this Contract, Buyer shall pay to Seller $1,000.00 as an earnest money deposit in the form of good funds which shall be held in escrow by Rocky Mountain Title Company, Estes Park, Colorado until closing when such funds shall be tendered at closing to the closing agent to be applied to the sale price. There shall be no interest accrued on the earnest deposit. 4. Contingencies: Physical Inspection: Buyer has inspected the Property. The Property is sold “as is”. The Seller makes no warranties or representations other than as set forth in this Contract. Title Documents, Reports, Restrictive Covenants, Homeowners’ Association Documents: Within seven (7) days of the Contract’s effective date, Seller shall supply to Buyer the following items. Buyer shall have seven (7) days after the Contract’s effective date to review and approve same. If for any reason, in Buyer’s sole discretion, Buyer determines that any title, document, covenant, easement, or other condition exists on or regarding the Property, the Buyer shall so notify Seller in writing within the time set forth herein of such objection and the Contract shall be terminated and the Buyer shall receive a full return of any earnest deposit. If, on the other hand, Buyer has no such objection, the Contract shall continue and the earnest money deposit shall become non- refundable by reason of any breach thereafter on the part of the Buyer. The items to be provided include: 2 a. A title commitment for the full purchase price, insuring over any standard exceptions, relating to the Property, including legible copies of all recorded documents referenced within said commitment. b. Seller shall provide to Buyer true copies of all easements, liens or other restrictions to title not otherwise shown of public record. c. A copy of any restrictive covenants concerning the Property. d. A copy of any documents of the Homeowners’ Association concerning the Property. e. An executed copy of the Amendment to Deed of Conservation Easement 5. Alternative Notice of Objection/ Right to Cure: Notwithstanding the termination of the formal contingency period set forth in paragraph 4, including paragraphs 4a through 4d, instead of terminating the Contract, Buyer may elect to notify Seller in writing prior to the expiration of the formal contingency period of Buyer’s specific objection(s) or unsatisfactory condition. Buyer and Seller shall have five (5) days thereafter to agree on a written resolution and/or cure concerning any such objection or unsatisfactory condition, and if so, the Contract shall remain in full force and effect. If no such agreed resolution is reached within such time period, this Contract shall then terminate and the Buyer shall receive a return of its earnest deposit. 6. Transfer of Title: Subject to payment at closing as required herein and compliance with Buyer of the terms of this Contract, Seller shall execute a good and sufficient general warranty deed to Buyer at closing conveying the Property to Buyer, free and clear of all liens and encumbrances, except for the general real estate taxes for the current year and subject to all liens, easements, covenants and restrictions of record. 7. Cash at Closing: All amounts paid by Buyer at closing shall be in funds which comply with all applicable Colorado laws concerning Good Funds. 8. Closing and Possession: Closing shall occur on or before September 21, 2012 at such time and date as the parties mutually agree. The place of closing shall be at the offices of Rocky Mountain Title Company, Estes Park, Colorado, or such other place as the parties hereto mutually agree. Possession shall be delivered at closing. If Seller fails to deliver possession as required, Seller shall pay to Buyer the sum of $50.00 per day until possession is delivered. 9. Encumbrances: All encumbrances and liens against the Property shall be paid at or before closing from the proceeds of sale or other good sources. 10. Closing Costs: Seller shall pay for the Buyer’s owner’s title policy expenses at the time of closing. Buyer and Seller shall split equally the costs related to escrow fees, as well as all document preparation and closing fees. Buyer and Seller shall each pay their own legal expenses and fees. Seller shall pay, at closing, all outstanding property taxes and Homeowners’ Association dues. 3 11. Time is of the Essence, Default, and Remedies: Time is of the essence in performing this contact. If Buyer is in default under the terms hereof, then all payments, earnest deposits, or other things of value shall be forfeited and retained by Seller as liquidated damages and both parties shall be released from further obligations hereunder. Seller specifically waives the right to specific performance. If the Seller is in default under the terms hereof, then Buyer may recover from Seller such other damages as may be proper and allowed by law, or Buyer may elect to treat this Contract as being in full force and have the right to specific performance or damages, or both. 12. Termination: In the event that this Contract is terminated, unless otherwise specified herein, all things of value shall be returned to the appropriate party and each party relieved of any further obligations hereunder. 13. Attorney Fees and Costs: In the event of a default or dispute under this Contract, the prevailing party shall be entitled to its attorney fees and costs of suit. 14. Applicable Laws: This Contract shall be governed, construed and enforced in accordance with the laws of the State of Colorado. 15. Non-Assignable: This Contract shall not be assignable by Buyer without the express written approval of Seller. 16. Specific Additional Provisions Relating To This Agreement: The 7.96 acre unplatted area is subject to a Deed of Conservation Easement recorded with the Larimer County Clerk and Recorder on December 27, 2000. Said Conservation Easement contains written restrictions on use of this Property. At Closing, Seller shall deliver the Amended Deed of Conservation Easement executed by Seller and the Grantee of the Deed of Conservation Easement to the closing agent for recording. 17. Entire Agreement, Modification, and Survival: This Contract constitutes the entire agreement between the parties. Any prior oral or written agreements have been merged and integrated herein. No subsequent modification of this agreement shall be binding unless in writing signed by all parties. Any obligation in this Contract that, by its terms, is intended to be performed after closing, shall survive the closing hereof. 18. Notice: Any notice required to be given hereunder must be in writing and shall be effective when received by Buyer or Seller addressed as follows: Town of Estes Park Robert F. Koehler Attn: Town Administrator 2225 Rock Castle Lane P O Box 1200 Fort Collins, CO 80528 Estes Park, CO 80517 19. Effective Date of Contract: The effective date of this Contract shall be the date upon which it is fully executed by both parties. 4 BUYER: SELLER: TOWN OF ESTES PARK ROBERT F. KOEHLER By:______________________ _______ ____________________ ______ Mayor Date Date ATTEST: _________________________ _______ Town Clerk Date 5 EXHIBIT A Outlot A, Kiowa Ridge Subdivision to the Town of Estes Park, County of Larimer, State of Colorado and The unplatted area containing 7.96 acres adjacent to Lots 1 through 8 as shown on the recorded Plat of Kiowa Ridge Subdivision to the Town of Estes Park, and A portion of the SE1/4 of Section 2, Township 4 North, Range 73 West of the 6th P.M., more particularly described as follows: Commencing at the NW corner of the NE1/4 of the SE1/4 of Section 2, Township 4 North, Range 73 West of the 6th P.M., thence along the North line of said SE1/4, North 86 degrees 06 minutes 32 seconds West 307.68 feet to the Westerly R.O.W. boundary of Mary's Lake Road; thence the following four courses along said boundary; South 30 degrees 27 minutes 22 seconds East 43.49 feet; thence South 36 degrees 13 minutes 20 seconds East 405.31 feet; thence South 35 degrees 44 minutes 22 seconds East 93.93 feet; thence South 57 degrees 02 minutes 22 seconds East 386.04 feet to the Southerly R.O.W. boundary of Kiowa Drive and the True Point of Beginning; thence along the Westerly R.O.W. boundary of Mary's Lake Road South 57 degrees 02 minutes 22 seconds East 148.80 feet; thence leaving said R.O.W. boundary North 89 degrees 31 minutes 22 seconds West 247.74 feet to the Southerly R.O.W. boundary of Kiowa Drive; thence along said boundary along a 130.51foot curve to the left with a radius of 130.00 feet, an internal angle of 57 degrees 31 minutes 11 seconds, and a 125.10 foot chord bearing North 61 degrees 43 minutes 02 seconds East; thence continuing along said Southerly boundary North 32 degrees 57 minutes 27 seconds East 23.39 feet to the Point of Beginning, County of Larimer, State of Colorado