HomeMy WebLinkAboutPACKET Town Board 2012-10-09
The 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, October 9, 2012
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING IN OF OFFICER RICHARDS.
EMPLOYEE AWARDS.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 25, 2012 and Town Board Study Session
Minutes dated September 25, 2012.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services, September 27, 2012.
4. Estes Valley Board of Adjustment Minutes dated August 7, 2012
(acknowledgement only).
2. LIQUOR ITEMS:
1. NEW LIQUOR LICENSE – ESTES TAQUERIA LLC DBA PEPPERS MEXICAN
GRILL, 401 E. ELKHORN AVENUE, HOTEL AND RESTAURANT LIQUOR
LICENSE. Town Clerk Williamson.
2. LIQUOR STIPULATION AGREEMENT FOR GALEX LLC DBA CHELITOS
MEXICAN RESTAURANT. Town Clerk Williamson.
Prepared 10/1/12
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. ACTION ITEMS:
1. HALLOWEEN ROAD CLOSURE. Coordinator Winslow.
2. POLICE DEPARTMENT LOBBY REMODEL CONSTRUCTION CONTRACT.
Director Zurn.
3. ADDITIONAL FUNDING FOR 2012 CRACK SEAL PROJECT. Director Zurn.
4. 2013 TOWN BOARD OBJECTIVES. Assistant Town Administrator Richardson.
4. REPORT AND DISCUSSION ITEMS:
1. WAPA POWERLINE RELOCATION COMMENTS. Trustee Norris.
5. ADJOURN.
Town of Estes Park, Larimer County, Colorado, September 25, 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 25th day of September, 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: Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
Keith Montag/Eagle County Manager recognized Town Administrator Frank Lancaster
for his contributions and dedication to the Association of Colorado County
Administrators (ACCA) for the past 18 years, including serving as a board member for
15 years.
PUBLIC COMMENTS.
Howell Wright/President of Estes Park Western Heritage Association stated the 2012
Rooftop Rodeo was the most successful rodeo ever produced seeing numbers increase
for attendance, contestant participation, sponsorships and fundraising with a net
increase of approximately $20,000. The funds raised will be used to produce the 2013
Rodeo and a youth scholarship. The rodeo has been voted one of the top five medium
rodeos for a second year in the U.S. and Canada.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated the Audit Committee met to review 7 proposals submitted for
audit services. Interviews would be held with the top 3 firms and a recommendation
forwarded to the full Board. The Community Development/Community Services
Committee would meet on Thursday, September 27, 2012 at 8:00 a.m. in the Board
Room. He reminded the citizens to register to vote by October 9, 2012 for the
upcoming General Election on November 6th.
Mayor Pro Tem Blackhurst announced the Estes Park Housing Authority has been
chosen as a feature project for Housing Colorado’s Annual Design By Community
Charrette and Workshop. The Authority would hold a public meeting at Talons Pointe
Apartment complex on October 2, 2012 at 4:00 p.m. to gain input for the process.
Trustee Norris informed the public the Visit Estes Park (LMD) has submitted their 2013
Operating Plan to the Town for review and approval at an upcoming Town Board
meeting. The Branding Promise and Education continues to move forward with
implementation of the strategy and new website forthcoming.
Trustee Elrod stated the Estes Valley Planning Commission (EVPC) continues to
discuss the Comprehensive Plan. A joint meeting of the Town Board and EVPC would
be held on November 15, 2012 to discuss the updates or changes to the plan.
Board of Trustees – September 25, 2012 – Page 2
Mayor Pinkham announced a ribbon-cutting would take place on September 29, 2012 at
2:00 p.m. at the south end of the Fish Creek trail to mark the completion of the trail.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster requested direction from the Board on the selection of
members for the newly formed Transportation Advisory Board. The Board consensus
was to allow interested members of the Transportation Visioning Committee to be
appointed and advertise any additional positions. Trustee Elrod requested both the
Transportation Advisory Board and the Shuttle Committee have formal bylaws in which
to operate, and each committee have formal minutes published on the website. Mayor
Pinkham further requested the roles of each be established as well as
accomplishments. Mayor Pro Tem Blackhurst stated each committee should have a
sunset review annually to determine their continuation.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated September 11, 2012 and Town Board
Minutes dated September 11, 2012.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities, Public Works, September 13, 2012.
1. Dodge 3500 Ram 1-Ton Utility Truck, Fort Collins Dodge, $59,112 –
Budgeted.
4. Estes Valley Planning Commission Minutes dated August 21, 2012
(acknowledgement only).
5. Estes Park Tree Board Minutes dated April 20, 2012 and May 10, 2012
(acknowledgement only).
6. Resolution #09-12 – Schedule public hearing date of October 9, 2012 for a
New Hotel and Restaurant Liquor License Application filed by Estes Taqueria
LLC dba Peppers Mexican Grill, 401 E. Elkhorn Avenue.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
Items and it passed unanimously.
2. LIQUOR LICENSE ITEMS:
1. TRANSFER OF OWNERSHIP – FROM REBECCA INC. DBA FAMOUS
EASTSIDE FOOD STORE TO EVEREST KITCHEN LLC DBA FAMOUS
EASTSIDE GROCERIES, 381 S. SAINT VRAIN AVENUE. Town Clerk
Williamson stated the Everest Kitchen LLC has requested the transfer of the
3.2% Off-Premise Beer license held by Rebecca Inc. A temporary license was
issued with the submittal of the paperwork on June 29, 2012. T.I.P.S. training
is unscheduled at this time; however, the applicant owns Thai Kitchen next door
and has completed training in the past. It was moved and seconded
(Blackhurst/Phipps) to approve the transfer from Rebecca Inc. dba Famous
Eastside Food Store to Everest Kitchen LLC dba Famous Eastside
Groceries, 381 S. Saint Vrain Avenue, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. MINOR SUBDIVISION, Lot 2, Pine Knoll Subdivision, Estes Park
Housing Authority/Applicant.
Board of Trustees – September 25, 2012 – Page 3
B. PRELIMINARY & FINAL CONDOMINIUM MAPS, Lots 1 & 2, The Pines
North Condominiums and The Pines Condominiums, Estes Park
Housing Authority/Applicant.
C. PRELIMINARY & FINAL CONDOMINIUM MAPS, River View Pines
Condominiums; Tract 56C, Amended Plat of Lot 2, Deer Crest
Subdivision, 1150 W. Elkhorn Avenue, Frederick Kropp/Owner.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
subject to the findings and conditions recommended by the Estes Valley Planning
Commission, and it passed unanimously.
4. ACTION ITEMS:
1. ESTES PARK HOUSING AUTHORITY FEE WAIVER FOR THE PINES
CONDOMINIUMS DEVELOPMENT APPLICATION FEES. Director Chilcott
stated the Estes Park Housing Authority has requested a fee waiver for the
development application fees in the amount of $4,670 for the minor subdivision
and preliminary and final condominium maps for Lot 2A and Lot 2B. The item
was reviewed and recommended by the CDCS Committee at their July meeting
to the full Board. Director Kurelja stated the fee waiver would provide additional
funding to assist the seniors and families in Estes Park, as well as help the
Authority continue to meet its objectives with little to no debt. It was moved
and seconded (Norris/Koenig) to approve the Estes Park Housing
Authority development application fee waiver in the amount of $4,670 as
outlined above, and it passed with Mayor Pro Tem Blackhurst recusing
himself.
2. BOND PARK PHASE V CONSTRUCTION CONTRACT.
Director Zurn provided an overview of the improvements that would occur
during the next phase of the Bond Park Master Plan. Following the Board’s
approval of the design at the July 24, 2012 meeting, staff issued an RFP for
construction and received four bids from the eight firms attending the pre-bid
meeting. After evaluation of the submitted bids, staff recommends Taylor
Kohrs for the project which would begin on October 1, 2012 and be completed
in two phases: Phase 1 – site prep work, underground infrastructure and
concrete flatwork for pedestrian access (October 1 – November 20) and Phase
2 – installation of landscaping and potential pavilion (March 1 – May 20). After
further discussion, it was moved and seconded (Blackhurst/Koenig) to
approve the contract with Taylor Kohrs for the construction of Bond Park
Phase V for $511,331.81 including a 10% contingency and it passed
unanimously.
3. MPEC PRO FORMA AND MARKETING STUDY CONTRACT APPROVAL.
Assistant Town Administrator Richardson stated staff prepared and posted an
RFP for proposals from qualified firms for a feasibility study and market
analysis to build a multi-purpose event center at the Town’s Fairgrounds. The
Town received seven responses with two from firms, hunden strategic partners
and Johnson Consulting, which have prepared similar pro forma for municipally
owned event centers. After a review of references, the review committee
selected Johnson Consulting due to the lower bid and project completion date.
It was moved and seconded (Blackhurst/Elrod) to approve the contract with
Johnson Consulting for $37,000 to complete a pro forma for a multi-
purpose event center (MPEC) at the Fairgrounds, and it passed
unanimously.
Mayor Pinkham whereupon he adjourned the meeting at 8:05 p.m.
William C. Pinkham, Mayor
Board of Trustees – September 25, 2012 – Page 4
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, September 25,
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 25th day of
September, 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, Chief Kufeld, Director Bergsten, McFarland and
Zurn, and Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
REVIEW 2013 BOARD OBJECTIVES
Administrator Lancaster stated the Board would develop a list of objectives the Board
would like to accomplish in the following year. The Board held a retreat in August to
discuss and develop objectives as they relate to the long range goals. He also
reiterated the definition of a goal: 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. The Board provided further clarification on each of the proposed
2013 objectives.
Develop Economic Strategy
• Develop and adopt a policy defining the Town’s role in economic development by
the end of the first quarter.
• Complete an internal audit of town services and information to support business
expansion and new businesses by the end of the 2nd quarter. (Includes review of
impact of town regulations on business attraction and expansion and information
available on the town website)
• Continue to participate in county, regional and state economic planning.
• Improve transportation.
• Complete financing and begin construction on a parking structure at the Visitor
Center by December 31, 2013, with anticipated completion by June 2014, based
on grant funding.
Improve and Maintain Infrastructure
• Implement a street maintenance/improvement program by April 1, 2013.
• Explore external funding options for street improvement plans.
• Present a plan to address groundwater issues with the closed landfill on Elm Road
by March 31, 2013.
• Address management of Town owned buildings by May 31, 2013.
• Adopted a new 10 year plan for the Water department by the end of 2013,
coordinated with plans for streets and other utilities.
Stanley Park Redevelopment
• Complete stall barn construction and/or begin construction on the Multi Purpose
Events Center (MPEFC) by May 15, 2013.
Town Board Study Session – September 25, 2012 – Page 2
Bond Park Redevelopment
• Complete Bond Park Master Plan Phase 5.
• Issue RFP for the next phase of Bond Park redevelopment for design in 2013 with
completion in 2014.
Administration
• Adopt a plan to address ongoing capital needs, comprehensive capital
improvement plan, including financing alternatives.
• Adopt Governing policies for the Board by March 1, 2013.
• Develop and adopt a strategic planning process by May 31, 2013.
• Complete a review of all IGAs and MOUs for Town Appointed Committees and a
review of all MOUs with outside partner organizations (Ambassadors, Western
Heritage, etc.)
BEAR AND WILDLIFE ISSUES
An Ad-Hoc committee met on September 10, 2012 to discuss the issues related to
wildlife (specifically bears)/human interactions in and around town. This meeting was
assembled after the community open house to discuss the issue on August 9, 2012.
The Ad-Hoc committee broke the issue into three main areas including education, Town
operations and regulations.
Education: An education campaign aimed at specific target audiences (residents, lodge
owners, restaurants operators and visitors) to teach people how to bear-proof their
properties and eliminate the attraction to bears. Key points to be covered include: how
to secure trash and garbage; securing or eliminating other sources of attraction, such as
bird feeders, and pet food, etc.; bear cards, similar to the elk cards currently distributed
by the Police; and a consistent message from the Town, lodging facilities, businesses
and the National Park. The Town through the Public Information Officer, will coordinate
a coalition represented by Town government, DOPW, YMCA, waste haulers,
businesses, Estes Area Lodging Association, Bears are Us and Visit Estes Park to
implement an educational campaign prior to next spring.
Town Operations: It is recommended that the Town work to convert municipally owned
trash receptacles to bear resistant models. The Town has approximately 140 trash
cans with an estimated cost of $168,000 to replace with bear resistant receptacles.
Staff would begin researching grant funding options to offset the cost of conversion, and
to possibly phase in the replacement, starting in areas with higher bear activity. Other
mountain communities would be contacted to see what types of containers work best,
both for bear resistance and ease of use for humans.
Regulation: The Police have increased enforcement of current trash ordinances. The
Town also has existing development requirements for more recent developments
requiring bear resistant trash containers, which are out of compliance. Inspections
should be increased to ensure compliance with existing development requirements.
Additional regulations could range from a Resolution to encourage the use of bear
resistant trash container with no enforcement to a highly restrictive Ordinance requiring
all trash haulers to be licensed to operate within the Town with a condition the
companies would supply only bear resistant containers to their customers, and a
condition they would only collect and haul garbage from bear resistant containers. Any
regulation passed by the Town would only be enforced within Town limits.
Other possible options discussed included declaring a week as Bear Aware week
and/or the development of a checklist to help businesses and acknowledge businesses
which are doing a good job to maintain trash.
POLICY GOVERNANCE
Administrator Lancaster stated the Board directed staff to draft policy governance
policies to provide a framework for operations of the Town Board as the governing body
Town Board Study Session – September 25, 2012 – Page 3
of the Town. Policy Governance consists of four distinct areas: Governance,
Board/Staff linkage, Staff Limitations and Ends. He presented the first draft of
Governance and two related policies: Town Boards, Commissions, Councils and
Committees, and Board of Trustees Division of Responsibilities.
Board comments included: the document needs to be specific and consistent as to what
Boards are being referred to throughout the document; under 1.8 change the word shall
to may appoint; appropriate to be replaced with acceptable cost; add 1.11 Abstention to
allow the Board members to abstain or recuse themselves from a vote; 1.1.6 replace
regularly with review when needed by the Board; 1.1.8 replace any with all Town Board
members; 1.1.9 replace the word baggage; 1.2.4 reference Colorado State Constitution
Article 29; and 1.3 add a section to address communications during a time of
crisis/emergency.
The additional sections of the policy would be reviewed at a future meeting.
There being no further business, Mayor Pinkham adjourned the meeting at 6:50 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, September 27, 2012
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on
the 27th day of September, 2012.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Director Chilcott, Coordinator Winslow,
Managers Mitchell, Fortini and Salerno, and Deputy Town
Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
John Guffey, Eagle Rock School stated that the Committee level is a great place to
incorporate young voices into the community noting that Eagle Rock students will be
present at Committee meetings during the next several months. He said that during this
trimester he is teaching a class called “The Hero’s Journey” in which students will
explore careers and their identities. The class will culminate in a one-day event for 8th
graders focusing on how to develop ideas and identify passions related to jobs and
careers to pursue in their futures. Several members of the class introduced themselves
to the Committee.
COMMUNITY SERVICES DEPARTMENT.
HALLOWEEN ROAD CLOSURE.
Staff is requesting a road closure from 4 p.m. to 9 p.m. on Wednesday, October 31,
2012, to accommodate Halloween trick-or-treating activities in the downtown area.
Coordinator Winslow noted that the closure pattern will follow the recommendation
made by Trustee Koenig in 2011 which closes Elkhorn Avenue to traffic from Spruce
Drive to Riverside Drive and includes single lane closures allowing pedestrian traffic
only on the north and south side of Elkhorn Avenue from Riverside Drive to the
intersection at Highway 34 and 36. The Committee recommends approval of the
Halloween road closure be heard as an action item at the October 9, 2012, Town
Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Senior Center Quarterly Report – Manager Mitchell noted that activities at the
Senior Center continue to be well attended with programs running at 95% of
capacity year-to-date. She noted that customer satisfaction related to meal
quality is 99% for the dining room program and 100% for Meals on Wheels. She
said changes made to the programs based on client feedback from survey forms
have provided positive results and improved the customer satisfaction rate.
• Fairgrounds and Events Quarterly Report – Coordinator Winslow reported that
the summer events were successful with attendance at the Rooftop Rodeo up
5% from 2011. He noted that more world champions participated in the 2012
event, most likely due to the increased purse size, and announced that the
Rooftop Rodeo was once again nominated as one of the top five medium-sized
rodeos in the nation by the Professional Rodeo Cowboys Association (PRCA).
The BioBlitz, sponsored by National Geographic and Rocky Mountain National
Community Development / Community Services – September 27, 2012 – Page 2
Park drew 5,500 people to the fairgrounds and received positive feedback from
both sponsors and attendees. The Midsummer Festival was a new event in
Bond Park this year. Staff is working with the event’s sponsor to make
recommendations for increasing attendance at the event in the future. Upcoming
fall events include ElkFest, the Tree Lighting Ceremony, the Catch the Glow
Parade and Fireworks. Chair Ericson suggested that staff meet with event
sponsors about their responsibility related to sales tax collection and submission.
• October Events Report – As the summer events season comes to an end, staff is
working on putting the property in order and preparing for seasonal, holiday-type
events. Several new events for next year are being considered including an
equestrian jumping, cross-country, dressage show; and a chuck wagon cook-off.
In addition, staff is working with the cities of Loveland and Fort Collins in putting
together a bid for the Colorado Pro Cycle Challenge. Coordinator Winslow noted
that the Town Board will be asked to consider taking action related to a financial
commitment to the event, and said bids are expected to be awarded in
December.
• Verbal Updates –
o Museum/Senior Center Request for Proposal (RFP) – A review committee
consisting of staff, representatives from the Senior Center and Museum
Boards, and Trustees Elrod and Koenig has been formed to evaluate the
proposals. The committee is expected to bring forward a recommendation
at the October Community Development / Community Services Committee
meeting.
o CVB / Shuttle Ridership – Numbers at the visitor center remain low with
staff assisting 9% fewer visitors than last year at this time, however,
September weekend numbers have shown slight increases over last
year’s corresponding weekends. Shuttle ridership for the 2012 season
increased 3.5% over last year with approximately 24% of the ridership
being local residents and summer workers.
o Stall Barn / Sewer / MPEC RFP Schedule – Design work continues for the
stall barn with weekly conference calls scheduled to address questions.
An RFP for the sewer line work related to the stall barns will be issued
during the first week of October. The multi-purpose event center (MPEC)
design firm, Kenney and Associates, is working on revisions to the MPEC
to finalize a plan to obtain construction bids to bring forward to the Board
in January 2013. The Committee requested that staff prepare a document
illustrating a timeline with dates related to the progression of these
projects.
Trustee Norris requested that staff work with Visit Estes Park as they continue to define
an image of Estes Park through their branding project.
COMMUNITY DEVELOPMENT DEPARTMENT.
ESTES PARK SANITATION DISTRICT FEE WAIVER REQUEST FOR AMENDED
PLAT AND LOCATION AND EXTENT REVIEW.
The Estes Park Sanitation District (EPSD) is requesting the waiver of application fees
related to an amended plat and a location and extent review. Staff has received an
application to combine two lots in the Stanley Meadows Addition into one, which has an
application fee of $580. The location and extent review application, which carries a total
fee of $2,500, for the construction of a building to upgrade the sewage treatment facility
has not been submitted by EPSD nor is it scheduled for review at this time. The
Community Development fee waiver policy states that special districts may be
exempted from development review fees. Since the amount of the fee waiver is in
excess of $3,000, staff is requesting that the fee waiver be brought before the Town
Board as an action item at the November 27th, 2012 meeting, when the amended plat is
scheduled to be reviewed. The Committee questioned whether the Sanitation District
itself had a fee waiver policy. Dir. Chilcott said she would ask a representative of the
Community Development / Community Services – September 27, 2012 – Page 3
EPSD to be in attendance at the November 27th Town Board meeting to address this
and any other questions the Board may have regarding the application fee waiver
request. The Committee recommended the Estes Park Sanitation District fee
waiver request be heard as an action item at the Town Board meeting scheduled
for November 27, 2012.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Community Development Monthly Report – Dir. Chilcott reported that
approximately 750 open permits are due to expire on December 31, 2012. Staff
is reviewing files and preparing to contact contractors and property owners to
ensure that construction has been completed in accordance with submitted
plans. Smoke detectors and carbon monoxide detectors have been installed at
the Courtyard and the property owner has agreed to submit a change of use
permit application by November 1st. Dir. Chilcott noted an increase in
development activity and activity related to rebuilding after the Woodland Heights
Fire. She announced that Charlie Phillips has been hired to fill the position of
Senior Permit Technician, which replaces the former position of Plans Examiner.
Town Administrator Lancaster noted there has been dissatisfaction related to the
minimum charges for utilities among customers who lost their homes in the
Woodland Heights fire.
ADMINISTRATION.
Reports provided for informational purposes and made a part of the proceedings.
• Verbal Updates –
o Policy Development Prioritization and IGA and MOU Inventory – Staff is
moving forward with these projects which were discussed at a recent
Town Board Study Session.
There being no further business, Chair Ericson adjourned the meeting at 9:18 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
August 7, 2012, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lynch, Members Bob McCreery, Wayne Newsom Jeff
Moreau, and Pete Smith; Alternate Member Chris Christian
Attending: Chair Lynch, Members Smith, McCreery, Newsom, and Moreau
Also Attending: Planner Shirk, Recording Secretary Thompson
Absent: None
Chair Lynch called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were two people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the July 3, 2012 meeting.
It was moved and seconded (Newsom/Moreau) to approve the Consent Agenda as
presented and the motion passed unanimously.
3. METES AND BOUNDS PARCEL, 552 W. ELKHORN AVENUE
Planner Shirk reviewed the staff report. The applicant, Picnic in the Park, LLC (Rick and
Angie Wing) requests a variance from the 30-foot river setback to allow an egress
landing/stair and walk-in cooler; a variance from the 25-foot arterial setback to allow a
trash enclosure; and a variance to allow the trash enclosure in the front yard instead of
the rear as required by the Estes Valley Development Code (EVDC). The property is
zoned CO–Commercial Outlying. The purpose of the request is to facilitate a change of
use to the building. The building department has worked with the applicant to comply with
the building codes and various approvals for a commercial restaurant. Planner Shirk
stated the proposed use is a take-out restaurant. The concept is to make available meals
for take-out, including but not limited to sandwiches, rotisserie chicken, and wood-fired
pizza. The interior of the structure would also undergo changes to facilitate the restaurant
use. Planner Shirk stated this was an allowed use in the CO zone district, and the
conversion was not significant enough to warrant a development plan.
Planner Shirk reviewed the special circumstances, stating the lot is a legal conforming lot,
although extremely small. He stated the lot size of 0.03 acres was significantly undersized
for this zone district, with the minimum lot size being 0.91 acres (40,000 sq ft). Planner
Shirk stated it was staff’s opinion that the lot size was a significant hardship. The
triangular shape of the lot squeezes the building area into the middle of the lot, making it a
very difficult lot to work with, and rendering the existing structure completely within the
required setbacks. These factors are compounded by the arterial street setback and river
setback. The proposed egress landing and stairs are required by the building code, and
would be located above an existing paved area, for which a variance was granted several
years ago. The proposed trash enclosure would replace an existing trash structure, which
is currently located in the front yard but not fully enclosed. The new enclosure would be
animal resistant, fully enclosed, include landscaping, and be located out of the river
setback. The proposed walk-in cooler would be a new addition, and would be located
within the required 30-foot river setback. Staff recommended the cooler be painted to
match the color of the existing building.
Regarding impact on the neighborhood, Planner Shirk reported there were three
concerned neighbors that contacted staff. All live directly south of the proposed location.
The neighbors wanted to ensure the applicant was meeting all the code requirements.
Staff routed the application to all affected agencies, and no significant concerns were
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
August 7, 2012
expressed. In this case, the Health Department was not notified. However, they were
involved in the building permit process. It was staff’s opinion the request to locate the
walk-in cooler in the river setback or to locate the trash enclosure in the front yard setback
would not have any effect on noise or air quality, and would not be detrimental to the
character of the neighborhood.
Planner Shirk reviewed the findings of the request, as listed in the staff report. Staff
recommended approval of the variance requests with the conditions listed below.
Staff and Member Discussion
There was brief discussion about the noise level of walk-in coolers.
Public Comment
Rick and Angie Wing/applicants, explained that the dumpster was an issue from the
beginning. Due to the current location, the public tends to use it as their personal
dumpster. The desire was to remove the dumpster from public view to avoid this use, and
to protect it from animals. The improvements to the egress landing and stairs would make
this exit available to the public. They stated the walk-in cooler was a health department
request. It will sit on a concrete pad and have a maximum noise level of 77 decibels. In
comparison, the adjacent river had a noise level higher than 77 decibels.
Randy Williams/attorney representing the property owner stated the owner was in
agreement with the variance requests and fully supported the staff recommendations. Mr.
Williams stated the primary concerns from those objecting to the requests are use issues,
which are allowed for this zone district.
Verd Bailey/adjacent property owner objected to the variance requests, stating the main
concern was the potential noise from the walk-in cooler, and he had concerns about
parking on the lot. He was opposed to the type of business proposed for this building. If
approved, he would appreciate having the walk-in cooler enclosed, and the west side of
the building revegetated. Mr. Bailey referred to a court decision concerning self-imposed
hardships, and suggested this be a consideration the Board should consider.
Steve Lane/architect stated all the mechanical equipment for the cooler would be outside,
and the compressor for the cooler would be on the cooler roof. There was a brief
discussion between Mr. Lane and the Board concerning the required grease trap, where
the sewer main was located, and if there was a stormwater drain.
Public comment closed.
Conditions
1. Compliance with the site plan and building design, as approved by the Board of
Adjustment.
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall
provide to the Community Development Department a signed and stamped
certificate that specifically verifies that the structure complies with the approved
variance, and shall include a specific reference to the distance to property lines.
Staff recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
3. Walk-in cooler shall be painted to match the color of the building.
4. Trash enclosure shall be fully enclosed with locking doors, and shall be painted to
match the existing building.
5. The trash enclosure shall be screened with landscaping. At a minimum, two shrubs
shall be planted on the north side of the trash enclosure and one coniferous* tree
on the east side. The landscaping plan shall be subject to review and approval of
staff, and shall comply with the landscaping requirements delineated in Section 7.5
of the Estes Valley Development Code.
The staff report indicated a deciduous tree, and the change was mentioned during
Planner Shirk’s report to the Board.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
August 7, 2012
It was moved and seconded (Moreau/Smith) to approve the variance request with
the findings and conditions recommended by staff and the motion passed
unanimously.
4. REPORTS
Planner Shirk reported on a variance approved approximately one year ago at 2855 Eagle
Cliff Drive. The applicant wanted to build closer to the road due to the steepness of the
lot. The site plan with the variance request included a retaining wall. After construction
began, it was determine the bedrock was stable enough to not require the retaining wall;
however, the Wind Cliff Homeowner’s Association was opposed to the disallowance of the
retaining wall. It was decided at staff level to not require the retaining wall.
There being no further business, Chair Lynch adjourned the meeting at 9:55 a.m.
___________________________________
John Lynch, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
TOWN CLERK Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: October 9, 2012
RE: New Hotel and Restaurant Liquor License Application Estes Taqueria,
LLC dba Peppers Mexican Grill, 401 E. Elkhorn Avenue.
Background:
An application for a new Hotel and Restaurant Liquor license was filed with the Town
Clerk’s office on August 31, 2012, by Estes Taqueria, LLC dba Peppers Mexican Grill.
This application was sent to the Liquor Division for a concurrent review in order to have
the license approved by the State at the same time as the Town. This will enable the
new restaurant to begin the sale of alcohol as soon as possible.
All necessary paperwork and fees were submitted. Please see the attached hearing
procedure for more information.
Budget:
None.
Staff Recommendation:
None.
Sample Motion:
Finding.
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license.
Motion.
Based upon the above findings, I move that this license be granted/denied.
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1. MAYOR.
The next order of business will be the public hearing on the application of ESTES
TAQUERIA LLC, dba Peppers Mexican Grill for a New Hotel & Restaurant Liquor
License located at 401 E. Elkhorn Avenue.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2. TOWN CLERK. Will present the application and confirm the following:
The application was filed August 31, 2012.
At a meeting of the Board of Trustees on September 25, 2012, the public hearing
was set for 7:00 p.m. on Tuesday, October 9, 2012.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.1 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as an LLC.
The property is zoned CO – Commercial Outlying which allows this
type of business as a permitted use.
The notice of hearing was published on September 28, 2012 .
The premises was posted on September 27, 2012 .
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled ____ Scheduled Completed (Date: )
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application, and if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
Community Services Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Community Services Coordinator
Date: October 9, 2012
RE: Halloween Road Closure
Background:
In 2011, Town Trustee Koenig asked staff to take a look at a new possible road closure
for the Downtown Halloween event on October 31. The reason for this was a safety
concern. Several Town departments worked together to offer a plan that met the needs
of the safety concerns. This closure took place in 2011 with staff receiving positive
feedback.
Attached is a map of the proposed closure on Elkhorn Avenue. This closure would start
at 4 pm on Wednesday, October 31 and end approximately 9 pm the same day.
Budget:
Staff time to set up panels to block road off would be the only expense to this closure.
This takes Streets, PD, and Events staff approximately 2 hrs to set up and tear down
with 6 people.
Staff Recommendation:
Staff recommends approval of road closure for the Downtown Halloween Event.
Sample Motion:
I move for the approval/denial of road closure along Elkhorn Avenue on October 31,
2012 for the Downtown Halloween Event.
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Halloween Event Traffic DiversionOption 3 - Eastbound Pedestrian Walkway
Explaination of Option 3:Spruce Dr. to Riverside Dr.is closed to traffic. Also, asingle lane of traffic is closedfrom riverside to the 34/36intersection for pedestrianonly traffic.
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Traffic Officers: 6Roaming Security Officers: 3Total Officers: 9
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: October 3, 2012
RE: Police Reception Remodel– Contractor Selection
Background:
The Police Department Reception Remodel was designed by Thorpe and Associates
and a bid opening was held on April 17, 2012. The project funding authorization was
approved by Town Board for $140,000.00 on August 9th, 2012. Bid results for the
architectural elements of the project, less furniture, minor electrical work and HVAC
modifications are tabulated below:
Firm Name City Bid Amount ($)
Cornerstone Construction Concepts Estes Park $112,867.00
Growling Bear Co. Inc. Fort Collins $108,443.00
Westover Construction Inc. Estes Park $104,650.00
Staff has evaluate the submitted bids and makes a recommendation for award to the
lowest responsible bidder, Westover Construction Inc. Staff has further negotiated the
project with Westover Construction and the contract amount has been adjusted to
$102,375.00. Adding a 10 % contingency for contract modifications, the project budget
for Westover Construction’s portion of the work is $112,613.00.
Schedule:
Pending approval from the Town Board on October 9th, a Notice to Proceed for
construction will be issued with an October 10th start date. Construction is currently
scheduled for completion on December 30th, 2012.
Budget:
Pending Town Board approval, a contract will be executed with Westover Construction
Inc., with funds to be paid out of the Community Reinvestment Fund.
Staff Recommendation:
Public Works recommends approval of the Police Department Reception Remodel
construction contract to Westover Construction Inc. with a not-to-exceed fee of
$112,613.00.
Sample Motion:
I move for the approval/denial of the Police Department Reception Remodel
construction contract to Westover Construction Inc. with a not-to-exceed fee of
$112,613.00.
Thorp Associates, P.C.
Architects and Planners
ESTES PARK POLICE DEPARTMENT RECEPTION REMODEL
BID OPENING TABLUATION
April 17, 2012, 3:00 p.m. MDT
Thorp Associates PC, 131 Stanley Ave, #100, Estes Park, CO 80517
Contractor Base Bid
Amount
Alternate
#1
Alternate
#2
Calendar
Days Acknowledge
Receipt of Addendum
Cornerstone Construction
Concepts Inc.
$99,796.00 +$8,690.00 +$4,381.00 90 Yes
Growling Bear Co. Inc.
$97,255.00 +$8,441.00 +$2,747.00 90 Yes
Westover Construction, Inc. $88,900.00 +$12,300.00 +$3.450.00 56 Yes
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Kevin Ash, PE, Public Works Civil Engineer
Date: October 9, 2012
RE: Additional Funding for 2012 Crack Sealing Program
Background:
Public Works is continuing its focus on road improvements with a Town-wide crack seal
program. The contractor A-1 Chipseal Co. was issued a Notice to Proceed with the
work on September 12th and moved forward accordingly. Due to the unusual severity of
the cracks, and the width and depth of the cracks that have been exposed after the
cracks have been blown out, the contractor needed to apply a larger-than-estimated
quantity of crack seal material per foot.
At the August 8th PUP Committee meeting, discussions included the project’s intent to
crack seal all of Town maintained roadways. 80,000 lbs of sealant was the estimated
amount needed to accomplish this. It was also discussed that due to the severity of the
cracks, estimates of material for tens of thousands of feet of cracks may need to be
adjusted. At the current rate of application, the material needed to fill the wide and deep
cracking throughout the Town’s road system will require an additional 65,000 lbs of
sealant which will require the budget to be increased an additional $80,000. A-1
Chipseal has agreed to honor their contracted unit price for this adjustment.
It is anticipated that these additional funds will address the crack seal needs for all
roads within the Town which Public Works has determined to be in need of crack seal.
Again, Crack Seal maintenance has not been done for decades in the Town of Estes
Park. It is Public Works recommendation that this become a bi-annual program and that
all streets get this maintenance application.
Recommendation:
Public Works recommends that the 2012 Street Maintenance Crack Sealing Contract to
A-1 Chipseal Co. for $119,040.00 be increased to $199,040.00. This will be funded from
the annual Street Improvement Program (STIP) 101-3100-431.35-51.
Sample Motion:
I move for the approval/denial of the increase of the award of the 2012 Street
Maintenance Crack Sealing Contract to A-1 Chipseal Co. to $199,040.00.
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: Elktober 9, 2012
RE: 2013 Town Board Objectives
Background:
Over the last few weeks the Town Board has been drafting the Board’s objectives for
2013. These are the projects and areas for concentration that the Board would like to
work on during the coming year. These were finalized at the Study Session on
September 25th
Budget:
n/a
Staff Recommendation:
That the Board adopt the 2013 Board Objectives
Sample Motion:
I move for the approval/denial adoption of the 2013 Town Board Objectives.
2013 Estes Park Board of Trustees’ Objectives
Develop Economic Strategy
• Develop and adopt a policy defining the Town’s role in economic development by the
end of the first quarter.
• Complete an internal audit of town services and information to support business
expansion and new businesses by the end of the 2nd quarter. (Includes review of impact
of town regulations on business attraction and expansion and information available on the
town website)
• Continue to participate in county, regional and state economic planning
• Improve Transportation
• Complete financing and begin construction on a parking structure at the Visitor Center by
12/31/2013, with anticipated completion by June 2014, based on grant funding
Improve and Maintain Infrastructure
• Implement a street maintenance /improvement program by 4/1/2013
• Explore external funding options for street improvement plans.
• Present a plan to address groundwater issues with the closed landfill on Elm Road by
3/31/2013
• Address management of Town owned buildings by 5/31/2013
• Adopted a new 10 year plan for the water department by the end of 2013, coordinated
with plans for streets and other utilities
Continue Redevelopment of Stanley Park
• Complete stall barn construction and/or begin construction on the Multi Purpose Events
Center by 5/15/2013
Continue Redevelopment of Bond Park
• Complete the Phase 5 development of Bond Park
• Issue RFP for the next phase of Bond Park redevelopment for design in 2013 with
completion in 2014
Address Administrative and Governance needs
• Adopt a plan to address ongoing capital needs comprehensive capital improvement plan,
including financing alternatives
• Adopt Governing policies for the Board by March 1st, 2013
• Develop and adopt a strategic planning process by 5/31/2013
• Complete a review of all IGA’s and MOU’s for Town Appointed Committees and a
review of all MOU’s with outside partner organizations (Ambassadors, Western Heritage,
etc)