HomeMy WebLinkAboutMINUTES Town Board 2013-01-22Town of Estes Park, Larimer County, Colorado, January 22, 2013
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 22"d day of January, 2013. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
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.
PRESENTATION.
Larimer County Commissioner Johnson and Larimer County Manager Hoffman
presented the Town Board with medallions and a certificate of appreciation for the
Town's efforts during the 2012 fire season, most specifically the recovery effort for the
High Park fire.
PUBLIC COMMENTS.
David Habecker/Town citizen stated the community and the Town need to be
committed to economic development in order to expand the season. He emphasized
the need for projects such as the propose performing arts theater and The Multi -
Purpose Event Center to enhance the Town's premier mountain resort status.
Johanna Darden/Town citizen questioned the reported repairs the Town would make to
the Park Theater.
Elizabeth Fogarty/Winter Fest coordinator reported on the previous weekend event,
stating over 9,000 attended. The festival grew in 2013 with the addition of Monday
events for the family at this year's ice rink. She thanked the Town, sponsors and all the
volunteers that make the event a success.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated the study session prior to the meeting focused on buildings at
the fairgrounds including a new stall barn and a Multi -Purpose Event Center.
Trustee Phipps informed the public the Larimer County Open Lands Advisory Board
would be making a final decision on the acceptance of a donated 16,000 acre ranch
north of Fort Collins.
Trustee Blackhurst reiterated the success of the Winter Fest and thanked all involved
in event. He thanked Larimer County for their involvement during the recent fire in the
National Park this winter.
Board of Trustees — January 22, 2013 — Page 2
Trustee Norris stated Partners Mentoring Youth is in need of volunteers. The
Economic Development Task Force continues to hold community presentations with
high interest from attendees and good dialogue. The Downtown Colorado, Inc., would
be providing an economic audit in February. The Bear Education Task Force
continues to define educational material and would work with Nick Molle to develop an
educational video. Visit Estes Park Board met to elect officers with Kathy Palmeri re-
elected Chair, Bill Almond Vice Chair, and Scott Webermeier Treasurer. The Board
would hold a retreat in March to review their Strategic Plan.
TOWN ADMINISTRATOR REPORT.
Trustees Elrod and Ericson would sit on the steering committee/oversight committ
the Senior/Museum Mater Plan review committee.
1. CONSENT AGENDA:
e for
1. Town Board Study Session Minutes dated January 9, 2013, Town Board
Minutes dated January 8, 2013.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, January 10, 2013.
1. Estes Valley Victim Advocate 2013 Contract.
4. Estes Valley Planning Commission Minutes dated December 18, 2012
(acknowledgement only).
5. Stanley Historic District Technical Review! inutes dated December 12, 2012
(acknowledgement only).
6. Tree Board Minutes dated November 16, 2012 and December 14, 2012.
(acknowledgement).
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. REPORT ITEMS:
1. VISITOR CENTER 2012 VIDEO SALES.
Manager Salerno reported with the approval of a new retail policy at the Visitor
Center at the end of June 2012, the Center has sold 124 videos in
approximately 5 months. Video sales equate to approximately 10.75% of
overall sales at the Center. Staff has not received any complaints from the
local retail businesses in town regarding the sale of the videos at the Center.
2. CROSSROADS UPDATE. Virgil Good/Executive Director and Michael
Haughey/Resident Director provided an update on serving the valley residents
in need over the past 30 years, including short-term assistance to low income
clients, providing ongoing services for clients on low fixed incomes, encourage
clients to become self sufficient through educational opportunities, partner with
other agencies to maximize benefits to clients, treat equally all persons
regardless of age, race, religious belief, country of origin, disability or sexual
preference. Services include a food pantry with 65% of the food supplied by
the local community including the local grocery store and 35% from Larimer
County food bank; emergency voucher services for housing assistance, utility
assistance, medical costs, transportation assistance, laundry, showers,
clothing and housing goods; case management services; self sufficiency
through education, money management classes, energy efficiency classes and
financial coaching; and referrals to public community services and private
Board of Trustees — January 22, 2013 — Page 3
community services. The numbers of household, individuals and children
served during the financial downturn from 2007 - 2012 increased with 456
household, 1128 individuals, and 395 children in 2012. The number of
individuals reaching levels of deep poverty served by Crossroads increased to
83%. Director Good stated 87% of the money provided to Crossroads through
the Town's Community Service grant program has been used to supply
housing assistance, utilities, hygiene, and transportation. The grant funding
continues to make it possible for many residents of Estes Park to live better
lives.
3. COURTYARD SHOPS (165 — 225 VIRGINIA) CODE COMPLIANCE REPORT.
Director Chilcott stated staff has been working cooperatively with the Courtyard
Shops property owner, First State Bank, to resolve code violations/life safety
concerns on the property including the approximately dozen unpermitted
residential units. Hazards have been reduced with the installation of
smoke/CO detectors in all residential units, rooftop restaurant closed, and
seasonal residential tenants removed to reduce residential occupancy. After
full code analysis by the property owner/buyer's architect on January 11`h and
a change of use application on January 15th, it was determined an NFPA 13
sprinkler system was required. A sprinkler permit would be required from the
Fire District to install the sprinkler system. Staff would continue to work with
the property owner to resolve code violations/life safety concerns to legally
permit the residential units.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. AMENDED PLAT, Lots 1A and 1C of the Replat of a Portion of Lot 4
and All of Lot 1, Stanley Meadows Addition, Estes Park Sanitation/
Applicant.
B. FEE WAIVER REQUEST - ESTES PARK SANITATION DISTRICT
AMENDED PLAT APPLICATION FEE.
Senior Planner Shirk informed the Board the two Action Items are
related and would be discussed together. The Amended Plat would
combine two lots in anticipation of future Estes Park Sanitation District
sewage treatment plant improvements. The plat formalizes rights -of -
access between the Town Park shop lot and the EPSD lot. The
Amended Plat was approved unanimously by the Estes Valley Planning
Commission. The Estes Park Sanitation District has requested a fee
waiver of $3,080 in development application fees for the amended plat
and Special Review/Location and Extent Review. The Community
Development/Community Services Committee recommended approval
of the fee waiver.
It was moved and seconded (Blackhurst/Ericson) to approve the
Amended Plat of Lots 1A and 1C of the Replat of a Portion of Lot 4
and All of Lot 1, Stanley Meadows Addition subject to the findings
and conditions recommended by the Planning Commission; and
approval of the access easement across Lot 1B to proposed Lot 1,
and it passed unanimously.
Trustee Elrod stated staff and the Town Attorney have spent a number
of hours on the amended plat; and therefore, the fees associated with
the amended plat should not be waived.
Mayor Pro Tem Blackhurst stated the Town has worked cooperatively
with other local governmental districts including the Sanitation District
Board ofTrustees - January 2u.2O13—Page 4
and would support the fee waiver. Trustee Elrod agreed, however the
extent of the staff time utilized on the one item was extensive.
Tony Pag|ia/Town citizen would encourage intergovernmental
cooperation and would support the fee waivers.
It was moved and seconded (B|ookhumt/Ehonon) to approve the fee
waiver request by the Estes Park Sanitation District for the
development plan fees associated with the Amended Plat and a
Special Review/Location and Extent Ravjew, and it passed with
Trustee Elrod voting "No".
4. ACTION ITEMS:
1. TRANSPORTATION ADVISORY COMMITTEE MISSION STATEMENT.
In April of 2012. the Town Board appointed Transportation Visioning
Committoe(TVC) provided ufinu| report outlining their recommendations on
transportation. One recommendation was toform o Citizen's Transportation
Advisory Committee (TAC) to work with Town staff to review transportation
initiatives. In an effort to provide potential applicants e clearer vision of the
committee adraft mission statement has been draft:
The mission of the Town ofEstes Park Transportation Advisory Committee is
to: support comprehensive transportation planning that enhances the quality of
life for the citizens, business, and visitors to the Town mfEstes Pan� support
the continued safety and maintenance ofthe Town ofEste Park Transportation
System and the review and recommend transportation related capital projects
to implement the Board ofTrustees' transportation goals. The Committee will
act aaasounding board tothe Board mfTrustees and the Town department of
Public Works on transportation planning, construction and maintenance issues
including: roads, transit, trails, pedestrian uooeou parking and air quality. The
Committee will support the Town Board and staff in /ooe/ and regional
transportation planning and promote cooperative efforts to n000/ws
transportation issues irthe Estes Valley.
Trustee Elrod questioned if the Shuttle Committee would bocombined with the
TAC or remain a separate Advisory Committee. Assistant Town Administrator
Richardson stated the Shuttle Committee would continue to meet once or twice
ayear.
The Board discussed the need for a Shuttle Committee with the following
comments: could the TAC have asub-committee Voaddress shuttle issues; the
shuttles should move back toward staff and Administration addressing ioouaa
and away from acitizon group; and Shuttle Committee members interested in
working onshuttle related issues oouidcontinue onosub'oommittea.
Mayor Pro Tern B|mckhurst stated the proposed mission statement requires
professional staff to review the ioouea, in too broad, and encompasses budget
issues beyond the expertise of citizen committee. Administrator Lancaster
commented a citizen committee bridges the gap between staff and the
community to provide the citizens with an understanding of transportation
issues and boanadvocate for proposed projects.
Johanna Darden/Town citizen stated amission statement should bedeveloped
by the Committee. The TAC should also review all grant applications being
considered by the Town.
Charley citizen supports the proposed mission statement which
provides a purpose for the Committee and provides a mechanism for hearing
the voice ofthe community.
Board of Trustees — January 22, 2013 — Page 5
It was moved and seconded (Ericson/Norris) to approve the mission
statement as presented for the Transportation Advisory Committee, and
the motion passed with Mayor Pro Tem Blackhurst voting "No". Assistant
Town Administrator Richardson stated the Shuttle Committee would met the
first week in February to discuss the trolley for 2013 and a Transportation
Coordinator would be on staff within the next couple of weeks.
2. ORDINANCE #01-13 NATURAL GAS FRANCHISE AGREEMENT WITH
PUBLIC SERVICE COMPANY OF COLORADO (XCEL ENERGY). Attorney
White reviewed the ordinance stating the current franchise agreement with
Public Service (Xcel Energy) was approved 20 years ago. Public Service filed
a Notice of Application with the Town for a new franchise and published the
Notice for the public hearing on December 11, 2012. Per state statute the
ordinance was presented and read during the December 11`h meeting and the
hearing was continued to this meeting. Attorney White reviewed the provisions
of the agreement including: non-exclusive right to Town streets, public utility
easements and other Town property; 3% franchise fee of the gross revenues;
20 year term; provision to work in a high quality manner, timely, and in a
manner that minimizes inconvenience to the public, is cost effective, and in
accordance with the applicable laws; restoration of areas affected by
installation and operation of company facilities; cooperation with Town in
advance planning to allow coordination of installation of company facilities
within Town streets, time periods for relocation, and performance standards for
project installation by the Company; and indemnify the Town and hold
harmless from all damages, claims, and liabilities caused by the Company.
Trustee Norris requested section 6.5.b. include a statement regarding safety
and the utilization of best practices by the Company. Todd Anderson/Public
Service representative agreed to the change.
Attorney White read Ordinance #01-13. It was moved and seconded
(Norris/Koenig) to approve Ordinance #01-13 for a 20 year natural gas
franchise agreement with Public Service Company of Colorado (Xcel
Energy), and it passed unanimously.
Mayor called a 10 minute break at 8:42 p.m. and reconvened the meeting at
8:52 p.m.
3. ORDINANCE #02-13 OPTION FOR EPIC TO PURCHASE TOWN -OWNED
REAL ESTATE FOR PERFORMING ARTS CENTER. Attorney White stated
the item was continued from the December 11, 2012 meeting. The only issue
for the Board to address at this time is the option to purchase a portion of the
Riverside parking lot for the construction of a performing art center and not the
project itself. The option would need to be executed prior to January 31, 2014,
and if exercised, the Town and EPIC would execute the Real Estate Contract
for a purchase price of $536,000. The purchase price shall be paid by Seller
by delivering the following to the Town at Closing: an easement agreement
and development agreement which includes purchaser's obligation to construct
and maintain the Riverwalk through the project with an estimated value of
$500,000; and a pedestrian easement for an estimated value of $60,300. At
closing, EPIC would deliver to the Town a public access easement across the
Park Theater Mall property and construct and maintain the Riverwalk across
the Park Theater Mall property. EPIC would also deliver a public access
easement from the western side of the Park Theater Mall property to Moraine
Avenue. The contract contains a number of contingencies including a
reversion clause. He stated there are a number of issues including
neighborhood impact and the impact to traffic and parking that would be
addressed as the project moves through the development process, and would
Board of 'Trustees - January 22, 21013 - Page 6
be difficult to determine at this Ume as a development plan an not been
Town Administrator Lancaster informed the Board during staff discussions with
EPIC it was made clear to staff 'that EPIC would fund either 2 story parking
structure the existing .parking lot or the easements and improvements to
theFUvenwaih,
Stan Black/EPIC Board rriember stated without the approvalth.e U have
missed the opportunity to build an exceptional V,�,�eater and venue for the town.
spaces. The project is in. line with the Comprehensive pian. The proiec- is for
the community and- local groups, wN.-ch would h_sve first pdority, to use the
theater as has been ;dent(fied in. +.,,.e business p:an. The total project is $20
million with $12 ni�llion for �he theater and $8 . million for the atrium and
commercial portion of the building.. Il has been projected a 5 tc 1 return. in
sales tax revenue forthe town with the deveioprrient of the property.
Public Comment:'
Those speaking in favor of the option jnduded Robert Berg/Glen Haven
citizen, Lynette Lott/County citizen and accommodation owner, Steve
Ninke|/Countyoidzon, Chris Wood/Town citizen and accommodation mmnor.
Nick yWn||o/Countycitizen and local business owner, Julie Phares./Tovvn citizen
and Partners for Commerce President Pat Newnom/Towm citizen, Tom
Dougherty/Town citizen, Charley Dickey/Town citizen and business owner,
Teresa Marie VVidavvoki/Couoty citizen, and Greg Rooenen7mwn citizen.
Business owners expressed eneed tuhave additional attractions and events
for guests in order to move the town forward as u year -around destination and
tocompete with the western slope communities. parking is only on issue 90 to
120 days o year, ihomfure, paid parking opu|d be implemented for prime
spaces downtown. The project would enhance the town and the downtown
corridor as well as grow the economic base. Partners for Commerce reviewed
survey results in which their membership strongly supports the theater and the
sale nfoportion ofthe Riverside parking |ot Cultural arts and preforming arts
plays a part in developing a bright and diverse environment for the ccmmunit?.
The Denver performing art theater is in the heart of tho downtown. The
parking spaces are atradeoff for "he theater.
Those speaking against the proposal included Thsha Kob/Fort Collins and
Estes Park High School graduate, Scott.Jandrain/Town citizen and downtown
business owner, Heater Stone,'Town citizen and downtown business owner, Ty
Nagl/Town citizen and downtown business owner, and Johanna Darden/Town
citizen. Business owners oppose the construction of a performing art theater
along Bkhonn at the expense of valuable parking; the addition of now
construction downtown continues to chip away at the number of parking
opaooa downtown-, would request EPIC provide parking for the theater;
requested the Town not give away additional parking npa000 that affect
businesses downtown; are against the excessive height of the building; and
the theater should bescaled down tofit the location.
kwas moved and seconded (Nonio34oanig)toextend the meeting to11:U0
m.m.and move the final action item, Governance Policies hothe February
12'2O13Board meeting, and itpassed unanimously.
Trustee Norris questioned ifEPIC would beopen tothe addition ufthe parking
structure previously discussed in order to receive the option. He would
support m theater built on the current footprint if parking is not addressed. Mr.
Black stated EPIC has the funding to either build the hvenwa|kimprovements
or a parking structure. The proposed two story parking structure over the
Board of Trustees — January 22, 2013 — Page 7
Riverside parking lot has been received negatively. EPIC would propose
reviewing other options.
Mayor Pro Tem Biackhurst stated a project of this size built outside the
downtown core would require 240 parking spaces just for the theater. The
exercising of the option would not be in the best interest of all the citizens of
Estes Park and a balance should be met for all. He does not support the
selling of a publicly owned asset to a non-profit entity because the preferred
design does not take place within the confines of the property.
Trustee Elrod stated a theater would have a positive impact to the community
no matter where it is located. Previous pro forma has stated a theater would
bring $2 million in revenue a year and over $100,000 in sales tax revenue, and
as proposed would not require a subsidy by the Town. The exchange for the
continuation of the Riverwalk through the property is of value to the business
owners and the Town would have an easement to fully connect the Riverwalk.
He stated the sale of the Town owned property would be in the best interest of
the community.
Trustee Ericson commented the recent citizen survey noted economic
development was important to the citizens of Estes Park. He stated the Town
has secured over $3.3 million in federal and state grants to address the
parking issues downtown with a parking structure at the Visitor Center.
Trustee Phipps agreed a theater would be beneficial to the Town; however,
there are significant parking and traffic issues during the summer months
downtown. He stated a transfer of Town property would set precedence for
future development that may also want parking areas to complete their
development.
Trustee Koenig supports both the downtown business owners and the building
of a performing art theater; however, stated concern with the reduction of
revenues the affected downtown business owners may face with the loss of the
parking spaces. She commented the theater should be built within the current
property boundaries provided by the Seeley family as she is not convinced the
community needs a 750 seat theater.
Attorney White read Ordinance #02-13 in to the record. It was moved and
seconded (Ericson/Elrod) to approve Ordinance #02-13, and it failed with
Mayor Pro Tem Biackhurst and Trustees Koenig, Norris and Phipps voting
"No".
4. GOVERNING POLICIES — GOVERNANCE PROCESS. Item postponed to the
February 9, 2013 Town Board meeting.
Mayor Pinkham whereupon he adjourned the eetina at. .20 p.m.
!!am C. Pinkharn, Mayor
J de Williamson, Town Clerk