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HomeMy WebLinkAboutPACKET Town Board 2014-08-12NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 12, 2014 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.  Upcoming Legislative Issues 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 22, 2014, Town Board Study Session Minutes dated July 22, 2014 and July 30, 2014, and Town Board Retreat Minutes dated June 26, 2014. 2. Bills. 3. Committee Minutes: A. Community Development & Community Services Committee, July 24, 2014: 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ROCKY MOUNTAIN PARK CENTENNIAL CELEBRATION UPDATE. 2. VISIT ESTES PARK UPDATE. CEO/President Fogarty. 3. ACTION ITEMS: 1. PUMPKINS & PILSNERS IN BOND PARK. Director Winslow. 2. AMENDMENT TO THE ESTES VALLEY BOARD OF ADJUSTMENT BYLAWS. Planner Shirk. Prepared 08/03/14 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. TRANSPORTATION ADVISORY COMMITTEE INTERVIEW TEAM APPOINTMENT. Mayor Pinkham. 4. REPORT AND DISCUSSION ITEMS: 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager Zurn. 2. AMENDMENTS TO THE ESTES VALLEY MUNICIPAL CODE – Amending sections of the Estes Park Municipal Code to amend the Sign Code eliminating the Creative Sign Design Review Board. Public hearing scheduled for August 26, 2014. 3. EVENT BENEFIT & COST REPORT. Director Winslow. 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, July 22, 2014 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 22nd day of July, 2014. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Also Present: Frank Lancaster, 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. PROCLAMATIONS Mayor Pinkham proclaimed July - September 2014 as the “Estes Park United Campaign” in the Estes Valley and proclaimed July 21 – 22, 2014 as ”Estes Park in Bloom”. PUBLIC COMMENTS. Bill Urquhart/Town citizen stated vacation home rentals should not occur in residential neighborhoods. The increase of vacation home rentals has increased nationwide with local municipalities increase regulations and enforcement in response to the growing trend. The question to be considered is what type of community we want. These businesses are making money at the expense of the community. Rebecca Urquhart/Town citizen commented the increase in vacation homes within the Town has made this a great place to visit but not to live. Vacation homes in residential neighborhoods are unsupervised motels with activities that are not in line with residential neighborhood character. Vacation homes are a timeshare that pays the owner and provides them a free place to stay. She requested the residential zoning district require rentals of no less than thirty days and enforce the regulations currently in place. TRUSTEE COMMENTS. Trustee Ericson reminded the public the Community Development/Community Services Committee meeting would be held on Thursday, July 24th at 8:00 a.m. in the Board Room. The Estes Valley Recreation and Parks District would hold a community meeting on July 23rd at 5:30 p.m. in the Board Room to review the design for the proposed Community Recreation Center. Trustee Phipps provided a review of the items discussed at the Planning Commission meeting on July 15th including Falcon Ridge Subdivision, amendments to micro and conventional liquors, Fort Morgan Subdivision amended plat, Extent and Location Review for Estes Park Sanitation District 3600 sq ft building at the current location, and possible amendments for assemblies. Planning staff is reviewing a revised development plan for Falcon Ridge for consideration at the August meeting. Board of Trustees – July 22, 2014 – Page 2 Mayor Pro Tem Koenig stated Western Heritage continues to move forward with the second phase of reorganization to become a 501c3 nonprofit. The Sister Cities organization hosted students from Costa Rica recently. Trustee Holcomb commented the Park Advisory Board meeting was cancelled in July due to a lack of a quorum. He recognized Western Heritage and Town staff for an outstanding Rodeo week. Trustee Norris stated the Visit Estes Park (LMD) discussed the establishment of Policy Governance at their recent meeting and CEO Fogarty would provide an update to the Town Board at the August 12th meeting. League of Women Voters dedicated a new recycle/trash container in collaboration with the League, the Town and business owners that sponsored containers. TOWN ADMINISTRATOR REPORT. Jackie Gould/Regional Director of the Bureau of Reclamation contacted the Town to discuss the letter sent by the Town for further cleanup of flood debris. She stated the Bureau continues to review the impact to their operation of flood debris and possible cleanup options. A format response would be forthcoming. 1. CONSENT AGENDA: 1. Town Board Minutes dated July 8, 2014 and Town Board Study Session Minutes dated July 8, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, July 10, 2014: 1. 2014 Freightliner M2106 single axle dump truck, Transwest Trucks, $126,556 – Budgeted. 4. Transportation Advisory Committee dated June 18, 2014 (acknowledgement only). 5. Estes Valley Planning Commission dated June 17, 2014 (acknowledgement only). 6. Appointment of Merle Moore to the Parks Advisory Board for a term expiring on December 31, 2017. It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. 1. CONSENT ITEM: 1. AMENDED PLAT, Lots 1, 2, & 3, Sixth Green Estates, 1255-1295 Sixth Green Lane; Edward L. Peterson/Owner. It was moved and seconded (Koenig/Norris) to approve the Consent Agenda with the Planning Commission recommendations, and it passed unanimously. 2. ACTION ITEMS: 1. MINOR SUBDIVISION, Lot 4 Good Samaritan Subdivision; Estes Park Housing Authority/Owner. Planner Kleisler. Board of Trustees – July 22, 2014 – Page 3 2. DEVELOPMENT AGREEMENT, Lot 4 Good Samaritan Subdivision; Estes Park Housing Authority/Owner. Item removed by staff. No action required. 3. FEE WAIVER, Lot 4 Good Samaritan Subdivision; Estes Park Housing Authority/Owner. Planner Kleisler. Trustee Holcomb recused himself from the discussion and vote on all items related to Falcon Ridge. Minor Subdivision Planner Kleisler reviewed the minor subdivision application stating the request would subdivide the 5.5 acre lot zoned RM into two lots, Lot 1 (4.4 acres) and Lot 2 (1.1 acres). The Estes Valley Planning Commission recommended approval of the minor subdivision at their June 17, 2014 meeting along with a development plan for 66 units on the two lots contingent on the approval of the amended annexation agreement to increase the density. With the denial of the amendment to the annexation agreement the Housing Authority plans to move forward with the 45 units on Lot 1 and eliminate the 21 units proposed on Lot 2. The proposed subdivision complies with the Estes Valley Development Code, provides lots of reasonable utility and livability, and allows the Housing Authority to utilize funding sources for the proposed attainable housing project. Fee Waiver Planner Kleisler present a request from the Estes Park Housing Authority to waive development application fees for the Falcon Ridge development, including first amendment to the annexation agreement, development plan, minor subdivision, development agreement, fee waiver administration, letter of credit, and building permit and review fees for a total waiver of $56,422. Rita Kurelja/EPHA Director stated the subdivision must occur due to the tax credit funding and ownership structure. The investor/limited partner becomes the majority owner with 99.9% ownership in the Falcon Ridge development and the Estes Park Housing Developer and General Partner with 0.1% ownership. The investor would invest $8.5 to $9 million and the Housing Authority would manage the property. The investor would own 99.9% of the land and without the subdivision the Housing Authority could not build the additional 3 units until the 15 year agreement expires. CHFA requires projects to be certified and in compliance with Enterprise Green Communities criteria 2.1 which states “New development will not be within 100 feet of wetlands…”, therefore, the development cannot be moved closer to the wetlands as requested by the neighbors. Rich Ekwall/Loveland Housing Authority restated the funding scenario outlined by Director Kurelja as it relates to tax credit financing. He state the excess land creates additional operational expense, and therefore, it is a liability to the investor. Subdividing the land allows the Estes Park Housing Authority the ability to develop the land with the additional 3 units at a later date. The land has value to the community and should be preserved for future use. Lucia Liley/Liley, Rogers & Martell, LLC representing the Estes Park Housing Authority stated the minor subdivision meets all the requirements of the Estes Valley Development Code and simply divides the property into two lots. The approval of the subdivision does approve the development on Lot 1 or Lot 2. She stated mediation would not be appropriate for a development plan that must meet specific development requirements. The Housing Authority would be holding a neighborhood meeting to discuss the development further. Board of Trustees – July 22, 2014 – Page 4 Those speak against the minor subdivision included Lisa Foster/Town citizen, Pam Seavers/Town citizen, Steve Krueger/Town citizen, and Alex Kostinova/Town citizen. The citizens contend the subdivision is not to preserve the right to build 3 additional units, rather the full 21 units allowed by the code and requested during the annexation agreement amendment. Those speaking requested the Housing Authority redesign the development and disperse the units across the entire lot rather than crowd the units on one lot closest to the Neighborhood Subdivision. Mr. Krueger requested mediation between the neighbors and the Housing Authority. The Boards comments have been summarized: Trustee Norris stated there are a number of items that could be addressed in the Falcon Ridge development plan to alleviate the Neighborhood concerns; Trustee Nelson commented the only item for consideration is the minor subdivision and not the development plan which is approved by the Planning Commission and not the Town Board; and Trustee Ericson stated concern with the Housing Authority’s lack of concern for its neighbors and their concerns. After further discussion, it was moved and seconded (Koenig/Phipps) to deny the Minor Subdivision, Lot 4 Good Samaritan Subdivision, and it passed with Trustee Nelson voting “No” and Trustee Holcomb abstaining. It was moved and seconded (Norris/Koenig) to approve the fee waiver for the Falcon Ridge Subdivision, Development Plan and building permit fee waiver of $56,422, and it passed with Trustee Ericson voting “No” and Trustee Holcomb abstaining. Mayor Pinkham called for a 10 minute recess at 8:50 p.m. and resumed the meeting at 9:00 p.m. 4. ORDINANCE #13-14 - Amending Estes Valley Development Code Regarding Manufacturing of Micro-Craft/Conventional Liquors. Planner Kleisler reviewed the proposed amendments to the code to allow micro and conventional breweries, wineries and distilleries in the Estes Valley. Brewpubs would be allowed in the zoning districts already established but limit their use in A Accommodation, O Office, and I-1 Restricted Industrial zoning districts to an accessory use. Micro businesses and associated tasting/taprooms would be regulated through a maximum square footage of 15,000 sq. ft. and be allowed as a principle use in the CD Commercial Downtown and CO Commercial Outlying zoning districts, as an accessory use in the O and I-1 districts, and allowed through a Special Review in the CH Commercial Heavy zoning district. Large scale production would be permitted in the I-1 zoning district. He stated staff reviewed the use in the A-1 zoning district and would not recommend allowing micro businesses as a use by right as over 30% of the properties share a lot line with a residential use and 58% are within 100 feet of a residential property. Jon Nicholas/Town citizen and Economic Development Council Director commended staff on an excellent process and the information provided on the topic. The community would benefit from the economic development of these types of businesses and would be a catalyst for redevelopment in the valley. Kent Smith/Town citizen and Estes Valley Partners for Commerce Vice President (EVPC) stated he and the EVPC are in favor of the code amendments. He too appreciated the efforts by staff. Board of Trustees – July 22, 2014 – Page 5 Attorney White read Ordinance #13-14. After further discussion, it was moved and seconded (Norris/Nelson) to approve Ordinance 13-14, and it passed unanimously. 3. ACTION ITEMS: 1. WATER MASTER PLAN SCOPE OF SERVICES. Director Bergsten and Coordinator Rusch presented a request to approve a Water Master Plan scope of services and funding. The Town’s 10-year Water Master Plan was last completed 29 years ago. The plan needs updating for the following reasons: the current demand projection was completed prior to the economic downturn in 2008; existing prioritization of capital projects does not account for both plant and distribution needs; the geospatial computer model of the distribution system has matured; and staff requires an engineering model of the system. The 2014 budget does not include funding for the completion of the plan; however, it was budgeted in 2013 and not initiated due to flood recovery efforts. The Town received three proposals that were reviewed by the Water and Public Works staff. Frachetti was recommended as the Town would benefit from their review of the existing studies along with their experience working with smaller seasonal systems in mountain communities. The scope of services would include completion of the Master Plan (raw water rights, demand projection, capital projects and distribution model) water rights strategy review, lab testing, and contingency for a not to exceed amount of $100,000. After further discussion, it was moved and seconded (Norris/Holcomb) to approve the water master plan scope of services with Frachetti as outlined above, and it passed unanimously. It was moved and seconded (Norris/Phipps) to extend the meeting to 10:30 p.m. and the motion passed, with Trustee Ericson voting “No”. 2. RESOLUTION #15-14 DEVOLUTION (TRANSFER) OF HWY 34 FROM MORAINE AVENUE TO WONDERVIEW BYPASS FROM THE COLORADO DEPARTMENT OF TRANSPORTATION TO THE TOWN OF ESTES PARK Project Manager Zurn stated the devolution of a portion of the State Highway 34 from Moraine Avenue to Wonderview bypass to the Town of Estes Park has been proposed by CDOT in exchange for $4.2 million. The new roadway would be maintained by the Town as new right-of-way. The funds would be used as the Town’s matching funds for the FLAP grant to realign downtown as a one-way couplet. The resolution outlines the Town’s intent to take ownership of the right-of-way and use of the funds as described above. Once executed CDOT would draft a formal agreement for the devolution of the roadway and require approval by the Town Board. It was moved and seconded (Ericson/Koenig) to approve Resolution #15-14, and it passed unanimously. 4. REPORT AND DISCUSSION ITEMS: 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Manager Zurn stated substantial completion of the Event Center main floor area which continues to be utilized under a temporary occupancy certificate. The lobby area, ticket area, and conference rooms are not occupied or being used at this time and are receiving the installation of drywall, stone, paint, and wood trim. The raising of the silo feature has begun and should be weathered in within a few weeks. The design of the second floor of the silo has begun and pricing of the structural, mechanical, electrical and finishes should be available soon. 2. PUBLIC INFORMATION OFFICE QUARTERLY REPORT. Public Information Officer Rusch provided an update on public information activities during the past quarter, including continued flood response and recovery (stream corridor master plans, river advisory committee assistance, Fish Board of Trustees – July 22, 2014 – Page 6 Creek technical advisory committee, and partner communication and support), public information related to planning efforts (staff training for emergency response/communication, Citizen Survey 2014, FLAP grant, event complex, bear education and American in Bloom), Town newsletter, social media and preparing for the upcoming migration to a new website platform offered by the Statewide Internet Portal Authority. Whereupon Mayor Pinkham adjourned the meeting at 10:20 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, July 22, 2014 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 22nd day of July, 2014. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris, and Phipps Also Attending: Town Administrator Lancaster, Town Clerk Williamson, Project Manager Zurn, Town Attorney White, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:00 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Norris reported that following interviews for the Park Advisory Committee, Merle Moore is being recommended for appointment to fill one of the vacancies. He said the remaining positions will be re-advertised and said a background in cultural, visual, or creative arts would be a benefit to the committee. He also reported that Reeves Brown of the Department of Local Affairs (DOLA) said that the department is receptive to helping with cash flow and reimbursement timing issues, high speed fiber planning, and coordination of a mountain housing summit. Trustee Phipps asked about the scheduling of a meeting about housing with other Colorado Association of Ski Towns (CAST) members, however, no information was provided as to when the meeting would take place. Trustee Ericson noted that it is important to recognize the financial impact of the flood, but also important to be able to look at non-flood related items as well and move forward with financial decisions. He inquired about materials for the upcoming pre- budget meeting; requested a liaison report be provided on activities of the Economic Development Corporation (EDC); and asked that Project Manager Zurn provide periodic reports on the FLAP project. Trustee Holcomb said there is a Town-owned property on Dry Gulch Road that the Crossroads organization has expressed an interest in, via their Executive Director Virgil Good. Town Administrator Lancaster said he has spoken with Mr. Good and will follow- up on this conversation. FUTURE STUDY SESSION AGENDA ITEMS. Consideration of Adoption of Dangerous Building Section to the Building Code will be scheduled as soon as possible. Additionally, the Mayor requested that a discussion related to communication between Board members and how to bring ideas forward for the purpose of a study session also be a priority for scheduling. The Review of the Accelerated Development and Design Process Used for the Parking Structure will remain on the list for a future Town Board Study Session, however, will be a low priority item. Trustee Holcomb asked if a study session to discuss a vision for the community as outlined in the Downtown Colorado Inc., report would be appropriate. Discussion is summarized: the Town has created a vision statement as part of strategic planning; to Town Board Study Session – July 22, 2014 – Page 2 create a vision for the community would be redundant; report suggestion was for a downtown vision; and this would be under purview of the EDC, Visit Estes Park (VEP), and the Estes Valley Partners for Commerce. In response to a question about a new policy for the use of unused contract contingency funds, Town Administrator Lancaster responded that a separate policy is not being developed at this time, and stated that contingency funds remaining at the end of a project automatically are returned to the General Fund, or other appropriate fund such as the Community Reinvestment Fund (CRF). Attorney White cautioned the Trustees about participating in ex parte communications, which he defined as having conversations outside of a noticed, public meeting on a quasi-judicial matter. He reminded the Board that there should be no communication with anyone on a quasi-judicial matter, including members of the Planning Commission until a final, non-appealable decision has been made. VISITOR CENTER PARKING STRUCTURE ALTERNATIVES. Project Manager Zurn reported that due to the effects of the September 2013 flood on the private sector construction market and material prices, the cost for the parking structure has increased 20% to 30% over the original estimates, based on information received from Walker Parking Consultants. He said that the original design is approximately $1.3 million over budget and that after removing many architectural features and restrooms from the preferred design, the project is still $900,000 over budget. He presented the Board with options to decrease costs which included, but are not limited to, eliminating decorative timber, stone, and metal design elements; building a two-story structure; and eliminating restrooms. He stated that at this point he is looking into cutting costs, and has not approached the partners in the project regarding additional funding. The Trustees expressed concern over the fact that the design was developed through a public outreach process and concurred that the public should also be included in defining changes to the original, desired design. Project Manager Zurn recommended moving forward with getting bids for a minimum design that would include options that can be added to the structure. This would provide updated financial information and hard numbers that could be presented to the public when considering changes to the design. He said that the projected increases received from Walker Parking Consultants seem accurate and that the impact of flood recovery on construction and material prices will continue for years, noting that costs are trending upwards. If the project moves forward, Project Manager Zurn said that a September bid opening would be needed in order to allow for construction of the project to be completed by next summer season. VACATION HOME REGULATIONS & ENFORCEMENT. Town Clerk Williamson said staff is seeking feedback about the regulations currently in place related to vacation homes and whether or not these regulations are valid or need revision. Additionally, staff is looking for input from the Board on enforcement of these regulations. She stated that vacation home regulations put in place in 2004 were intended to preserve the residential character of neighborhoods. She noted that in 2010, vacation home regulations were moved from the Estes Park Municipal Code to the Estes Valley Development Code so that the regulations could be enforced in the county as well as within the Estes Park Town limits. At that time, Larimer County passed a resolution requiring vacation homes located within the Estes Valley Development Code area, but outside of the Town limits, to obtain an operating permit on an annual basis at no cost to the property owner. Vacation homes operating within the Town limits are required to purchase a business license at a cost of $150 per year. Enforcement is on a complaint-basis only; staff does not actively monitor compliance with vacation home regulations. Currently if an official complaint is received the Town Clerk notifies the property owner of the violation; after two violations the business license may be revoked. The Municipal Code contains a process by which the property owner may contest the written warning or revocation of the business license; however, Town Board Study Session – July 22, 2014 – Page 3 there is currently no recourse for the complainant. Attorney White stated that this is a very active industry within the Estes Valley with hundreds of vacation homes being operated and stated it is a use by right subject to restrictions. He said the industry requires reasonable regulations that are enforceable, and noted that violations can be cited to municipal court. The Association for Responsible Development (ARD) has been reviewing housing and vacation homes and has provided the Clerk’s office with some suggested enforcement and regulation changes which include more responsibility placed on property managers; and new regulations to address noise, lights, trash, traffic, safety, and hot tubs. The Board’s discussion is summarized: the current code does not contain anything that deals with property managers; property managers are currently not required, however a local contact number is required on the application; property manager or contact person should be available 24/7 to take calls, answer questions, handle issues and/or emergencies; at this time it would be difficult to cite a property manager into municipal court; municipal court fines can be as much as $2500 per day; it would be necessary to go to district court to shut down a vacation home; current regulations do not seem to be effectively protecting the residential character of neighborhoods; should be level playing field with vacation homes paying the same rates and fees as other commercial businesses; vacation homes create a public safety issue when guests are unaware of posted fire bans, etc.; and requirement to convert to commercial utility rates will be included in the Utility policy manual which will affect in-Town properties as well as those in the Estes Valley Development Code area. Conversation continued: propose consideration of raising the business license fee, and look into whether Larimer County would adopt the same fee to help fund enforcement and to level the playing field; consider a tiered system related to occupancy on larger properties in the Estes Valley; a large home with eight bedrooms on a large acreage should not be limited to eight guests; request statistics related to number of complaints; be fair to the property owners who are following the rules; conflict is inevitable between full-time residents and vacationers; if regulations cannot be enforced propose moving to guidelines for vacation rentals; Visit Estes Park has expressed interest in helping vacation home rental owners understand and abide by the regulations; and there are companies that exist that can be hired to help identify properties being operated as vacation homes. Based on the Board’s comments and conversation, staff will compile information related to vacation home complaints that have been received, will draft suggestions about enforceability, consider requiring a property manager for each vacation home, and suggest codes changes to the regulations to be brought back to the Board by the end of the year. Mayor Pinkham recessed the meeting for a ten-minute dinner break at 5:30 p.m., and resumed the meeting at 5:40 p.m. FISH HATCHERY PROPERTY. The Fish Hatchery Property is approximately 70 acres in size and is home to the hydroplant museum, the picnic shelter and restrooms, homes that are rented to Town employees, and several storage buildings. The west end of the property borders the Rocky Mountain National Park Visitor Center and the Aspenglen Campground. The Town would retain the portion of the property where the museum and picnic pavilion are located due to its historic value, but the remainder of the property could be used for other purposes, or sold. The Larimer County Assessor’s office has the land valued at $1,415,490, however, the Assessor’s office does not update values of tax exempt properties, therefore, a current appraisal of the property is needed. Over the years, ideas on how to use the property have been received and include: retain the property as open space under a conservation easement; develop the property as a public park for recreation; sell the property for development of a resort facility, workforce housing, Town Board Study Session – July 22, 2014 – Page 4 vacation rental housing, or a non-lodging commercial development; trade the property; or use the property in partnership with private development for workforce attainable housing with options of the Town retaining ownership or the Town granting the property in exchange for deed restrictions on the sale and ownership of the housing. The Boards discussion is summarized: the property may be a good site for a community college; there are wetlands and wildlife corridors on the property; there has been some interest from the Land Trust but nothing specific at this time; need to consult with the Estes Valley Recreation and Park District (EVRPD) regarding trail location and be sure to preserve the trail easement; request staff to research various uses for the property including housing, recreational; and commercial; provide a list of options which would include benefits, opportunities, barriers, and problems so that the pros and cons can be debated; also tap into the community’s creative ideas for the property, keep an open minded attitude; the site could be divided into smaller properties and sold; and an appraisal is needed to determine the property’s value. Staff will arrange for an appraisal to be done as soon as possible and work on putting together additional information regarding options for the property to bring back to the Board during the first or second quarter of 2015. ASSISTANT TOWN ADMINISTRATOR POSITION. The Deputy Town Administrator (DTA) position has been vacant since September 2013. Town Administrator Lancaster said that, rather than to hire a DTA who would be second in command, have authority over departments, and automatically fill the role of Town Administrator, he would propose hiring for the position of Assistant Town Administrator. A person in this position would work on projects, updating processes, grant applications, policy, and help cover meetings, among other duties, but would not provide supervision over departments. He said the position would be more comparable to the department head level in experience and compensation and said he would like to find an individual with some experience in municipal management. Administrator Lancaster said he wants to review the budget in a month to see how things stand and also work with ESM Consulting Service to get marketplace information for such a position before bringing the topic forward in August or September for discussion. He stated his preference would be to fill the position this year rather than to wait until 2015. Discussion ensued regarding staffing levels in the Community Development Department and the Special Events Department. Topics discussed included the following: are staffing levels in both planning and enforcement adequate?, options to consider include hiring employees and/or contracting for services; propose the addition of a position to coordinate events with the expense of the position shared with Visit Estes Park (VEP); individual would be Town employee, however, the risk and the benefit would be shared with VEP; this individual would be the “boots on the ground” and make all arrangements for events; and staff will have further conversations with the VEP executive director about this position. There being no further business, Mayor Pinkham adjourned the meeting at 6:38 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, July 30, 2014 Minutes of a Study Session meeting of the TOWN BOARD 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 30th day of July, 2014. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Finance Officer McFarland, Directors Bergsten, Chilcott, Kufeld, and Winslow, Town Clerk Williamson, Public Information Officer Rusch and Grant Specialist Crosser Absent: None Mayor Pinkham called the meeting to order at 8:10 a.m. REVIEW OF BOARD RETREAT HELD JUNE 26, 2014. Town Administrator Lancaster reviewed the 2015 Strategic Plan draft developed at the Town Board Retreat on June 26, 2014. He stated as the Town has not received reimbursements from flood expenses there continues to be a lot of unknowns related to funding from reimbursements and grant funding. FEMA has delivered funds to the State which has not allocated funding and would not release funds until work has been completed. Therefore, the Town continues to be in a fiscally reserved state and should develop a budget around the restrictions. A list of the objectives outlined for 2015 were categorized by those needing funding to complete, additional staffing needs, and those needing both funding and staffing. 2015 Board Objectives A revised Sign Code would require funding to hire a consultant that specializes in sign code development and has the knowledge of current sign code regulations. Staff estimates $30,000 to develop the code without a public process. Director Chilcott stated the current code may place the Town at risk of lawsuits as it is not defensible as written if staff tried to enforce the code. A new code would be content neutral, enforceable, and easy to understand and enforce by staff. Downtown Business District would need staff to work on the project and can be delayed until an Assistant Town Administrator has been hired. Broadband Access. Staff has been working with an ad-hoc committee that continues to meet and additional staff would be needed if the item moves forward. Paid Parking requires staffing and funding or a consultant with parking experience to design and develop a parking plan to determine the type of technology that would work best in Estes Park. Visitor Center Parking Structure may need additional funds from the Town to build the structure as cost of construction has increased in Northern Colorado. Staff estimates the structure would be out to bid by the end of August with bids due at the end of September. Kathy Gilliland/CDOT Commissioner has reached out to the Federal and State entities to express the need for additional funds for grant awarded projects. This would require the Town to increase the match only. CDOT would not be able to move forward with projects without an increase in funding. Staff intends to use funds not used for the Event Center and Pavilion on the parking structure. Town Board Study Session – July 30, 2014 – Page 2 Facility maintenance funding plan requires staff time to develop. Mayor Pro Tem Koenig questioned if the Town could hire an outside consultant to develop the plan and then utilize a local contractor to maintain the infrastructure. Director Muhonen stated it would be cheaper to have staff develop a plan and complete the work than hire outside consultants. Special Events. The addition of new events would require additional staffing and funding. Staff and the Special Event ad-hoc committee have been reviewing all events to determine the type of events to add to the community and which events have run there useful life. There has been discussion of adding an additional Event Coordinator position to the fairgrounds staff with the increase in events. Conference Center. The roof needs to be replaced and would require funding. The Board consensus was to move the replacement of the roof to the top of the list of items to complete by using funds set aside for items such as the museum storage facility. Landfill mitigation would require substantially less funds than anticipated. The State Department of Health has found no ground water contamination; however, they have requested the Town redirect the flow of water and build a cap over the landfill to keep water from flowing down through the landfill. Stewart Environmental has begun work with the Fire District to address water used at the fire training grounds. The Town anticipates $400,000 to complete the project. Comprehensive Plan updates continue to be completed by staff; however, staff has identified possible grant funding since the flood to provide funding for a new plan. The Town does not have the funds to complete a new plan but could move forward if a grant is awarded. Director Chilcott stated specific areas could be identified to address with a new plan such as areas affected by new project like FLAP. Trustee Nelson commented the Town needs a vision as it relates to urban planning to identify what the Town should become. The Board requested staff pursue grant opportunities to complete a new plan. Housing Issues – The objective would require significant staff time to complete an updated housing needs study for the valley, form a local housing committee to study the issue, and convene a housing summit of CAST communities. Staff suggested the summit be held next year. Mayor Pro Tem Koenig requested staff send a letter to the other communities to identify the level of interest in holding a summit. Public Art Policy – The item has been turned over to the newly formed Park Advisory Board. Town Policies – Staff continues to work on updating policies. This effort was significantly impacted by the flood recovery efforts. Transportation Advisory Committee signage recommendations would require both funding and staff time to ensure a uniform signage plan was implemented. Mayor Pro Tem Koenig requested staff consider adding sidewalks, bike, and pedestrian lanes to areas of high concentration of school children. Trustee Ericson stated money should be set aside for a second stall barn in the Community Reinvestment fund annually. The replacement of stall barns has been identified as a 5 year goal. Director Winslow would like to have the new barn in the next 7 years to keep from losing shows. Staff would prepare the 2015 budget with the objectives in mind and bring forward the budget implications. Town Board Study Session – July 30, 2014 – Page 3 REVIEW OF FLOOD RECOVERY EXPENSES AND FUNDING. Finance Officer McFarland reviewed the Town finances as it relates to flood recovery efforts. Finance has broken the projects into emergency, repair, exigent and river master plan project to be completed and hazard mitigation projects which would only be completed if the Town receives grant funding to move forward. More specifically the major flood recovery efforts include: 1) Rock crusher project has a net project cost of - $200,000; 2) Fall River exigent work was estimated at $913,000 and should be under budget and 100% reimbursable; 3) Town property damage has been and continues to be reimbursed by the Town’s property and liability insurance company CIRSA. Current estimates are $1.5 million in damage and $1.45 reimbursed; 4) Walsh Engineering has been retained to create master plans for the Fall River and Fish Creek Master Plans at an estimated cost of $400,000 and the Town reimbursed $350,000; 5) RG & Associates and HDR Engineering are contracted to complete engineering and design phases, and construction management of Fish Creek, Community Drive and 27 other locations at a cost of $1.37 million with the Town reimbursed 80%; 6) FEMA reimbursements through the State have been slow with the Town only receiving $76,000 to date. The Town has incurred $1.3 million in out-of-pocket expenses and waiting on reimbursement; therefore, the fund balance has been affected. UPDATE ON FLOOD EFFECTS TO FINANCIAL STATEMENT/BUDGETS. The beginning General fund balance in 2104 was $3.75 million. The existing flood- related costs continue to be manageable as long as the Town receives reimbursements in a timely manner. Once reimbursements are received the net effect on the General fund would be $355,000 for 2014. In the interim, the General fund continues to be drawn down and would continue to fluctuate depending on the timeliness of reimbursements coupled with invoicing from the projects. The cost for capital projects far exceeds the General fund balance and could jeopardize the solvency of the fund. All hazard mitigation grants have tight timeframes and require matching funds that would need to be considered by the Town before accepting as the timing of the grants may cause a cash flow concern. FORECAST OF FUND BALANCES. Finance Officer McFarland stated all funds are preforming well as it relates to fund balance with the exception of the General fund at $575,000. The addition of the flood related costs to the financial statements has rendered the General fund balance highly volatile, especially on the short term. The cyclicality of revenues, especially sales tax, exacerbates short-term financial analysis. As reimbursements are received and larger sales tax months are received the General fund balance should stabilize and would be at approximately $1.6 - $2.6 million by the end of 2014. The Town could borrow from other funds in the short term such as Light and Power or the Vehicle Replacement fund. A review of current spending trends was discussed with Finance Officer McFarland demonstrating a need for a balanced budget in order to maintain a 25% fund balance. At current spending the Town would be at approximately 5% by 2018. Staff would be decreasing operational costs in the upcoming years. GENERAL THOUGHTS ON REMAINDER OF 2014 AND 2015 The new 1% sales tax would be placed in four new Special Review funds and should generate approximately $1.2 million in 2014 and $2 million in 2015. The Community Reinvestment fund was revised mid-year; however, additional changes are noted: 1) the parking structure would exceed grant funds due to increase cost due to rising construction costs; 2) Fall River trail grant does not require a match, decreasing the Town’s expenses by $63,000; 3) staff recommends moving the STIP to the new Street fund; 5) the estimated $1.5 million fund balance is comprised of $200,000 reserved for the museum storage facility and $1 million from the sale of Lot 4; and 6) the Certificates of Participation (COP) note payment for the construction of the Event Center and Pavilion is $517,623. The Community Services fund contains funds transferred to operate the Museum, Senior Center, Visitor Center, transportation and events. Staff requested these funds be moved to the General fund in 2015. The $4.2 million for the Town Board Study Session – July 30, 2014 – Page 4 devolution of Highway 34 and the associated match funding for the FLAP grant should be cost-neutral. Review of department needs. Town Administrator Lancaster presented a list of needs by the individual departments:  Security cameras  Audio visual in Board room  Shuttle buses  Dias security improvements  Parking – shuttle system for employee parking.  Digital kiosk Visitor Center to replace brochures  Docking station for electronics  Community Development staff  Vehicle replacements to consider alternative fuel vehicles such as electric with grant funding  SCADA irrigation system  Facilities Manager  Human Resource staff  Restorative Justice staff to continue successful mitigation program  In car cameras for Police vehicles Personnel costs Staff has begun work on the market study for employee salaries and would be recommending changes for the 2015 budget. Health insurance premiums are estimated to increase by 26% due to a large ongoing claim. Administrator Lancaster stated he would like to review summer sales tax prior to recommending the addition of staff including the Assistant Town Administrator (ATA) and Event Coordinator to the 2014/2015 budget. Board discussion followed and has been summarized: Mayor Pro Tem Koenig, Trustee Holcomb, and Trustee Phipps would recommend adding the ATA prior to adding an Event Coordinator. Trustee Phipps requested no additional expenses be added to the 2014 budget until a review of budgets in October. Mayor Pinkham agreed. Trustee Norris and Ericson agreed with the priorities; however, there continues to be a growing need for additional staff support for special events and requested the Events Coordinator be hired in 2014. Trustee Ericson stated a need for additional personnel in Community Development. Administrator Lancaster stated staff continues to review and identify grant funding opportunities for staffing. Trustee Nelson expressed the need to take care of the employees the Town has and to add personnel to complete the work needed to make the Town what the community would like. After further discussion it was agreed to add Facilities Manager to the list of positions needed immediately. Administrator Lancaster stated the Event Coordinator could be funded in conjunction with Visit Estes Park. Mayor Pro Tem Koenig expressed concern with Visit Estes Park spending funds on items that are not their role/charge and requested their mission be reviewed. She also stated concern with unclear boundaries for the position if it were funded by two different entities. There being no further business, Mayor Pinkham adjourned the meeting at 11:00 a.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, June 26, 2014 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Museum Meeting Room in said Town of Estes Park on the 26th day of June, 2014. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Directors Bergsten, Chilcott, Kufeld, McFarland, and Winslow, Interim Public Works Director Ash and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 12:10 p.m. STRATEGIC PLANNING – 2015 BOARD GOALS AND OBJECTIVES. Review of 2014 Strategic Plan Town Administrator Lancaster reviewed the 2014 outcome areas Robust Economy, Infrastructure, Exceptional Guest Services, Public Safety, Health and Environment, Outstanding Customer Services, Governmental Services and Internal Support, and Transportation. He questioned if housing should be elevated from a Community Service outcome area to an individual outcome area. Board discussion followed and concern was raised on making housing an outcome area as it could be perceived as a Town priority before the issue has been fully vetted. It was suggested the Town provided leadership on housing, move transportation under infrastructure, and governmental services should include relations with local business and how the Town can support them. All other outcome areas should remain the same. Outcome Areas Robust Economy Funding allocated to rewrite the sign code was utilized for floodplain management after the September flood. Director Chilcott questioned if the revision process should include an extensive public comment process. Mayor Pro Tem Koenig stated the code should be revised for clarity and without an extensive public comment process. She requested the creative sign code should be excluded from the code and make the code less restrictive and simpler to understand. Staff continues to review the Comprehensive Plan and would recommended completing the update prior to assessing changes to the Development Code. Director Chilcott stated key areas of the valley could be assessed for development/redevelopment and review the codes to determine how they may hinder development. Administrator Lancaster commented Larimer County plans to review the county’s Comprehensive Plan and have not indicated if the review would include the Estes Valley. Mayor Pro Tem Koenig reemphasized the need to make the Town codes user friendly for potential businesses and current businesses. The Economic Development Council (EDC) created a subcommittee to review fiber in the valley. A specific recommendation would be brought forward to the Town Board. The EDC has applied for a grant to develop a fiber plan and implementation of the plan. A goal would be added to coordinate with the EDC on the selection of a consultant and Town Board Study Session – June 26, 2014– Page 2 implementation of a fiber plan to provide increased broadband access throughout the valley. Staff continues to participate in local, regional, and state economic development efforts by participating in the local EDC and the Northern Colorado Economic Corporation. The Town should consider the recommendations from the ULI resiliency study and the DCI study results. The objective is ongoing and not a short-term objective. After discussion the Board requested a 2015 goal to explore with the public and downtown businesses partners options for downtown improvements and redevelopment through the creation of a Business Improvement District, Downtown Development Authority, or Urban Renewal Authority. Goals 5-7 Years  We will work to make Town codes and regulations more user friendly and easier to understand and use, while ensuring they are effective and enforceable and support reasonable development. We encourage the new Board of Appeals to look at our regulations and codes and give suggestions.  The Town encourages events, activities and development that enhance a year round economy.  The Town participates as a partner in local, regional, and state economic development efforts.  We will encourage optimal use of the PRPA/Town fiber infrastructure.  We will review the potential redevelopment of areas affected by the FLAP grant. 2015 Objectives  Revise the sign code to be simpler and easier to understand but retaining the basic intent.  Explore with the public and downtown business partners, options for downtown improvements and redevelopment (BID, DDA, URA, Etc.)  Coordinate with the EDC on the selection and implementation of options to provide increased broadband access within the Estes Valley.  Continue to participate in local, regional, and state economic development. Infrastructure Discussion was heard related to potential 2015 projects to improve the Town’s infrastructure. Staff would begin planning for the use of the 1% sales tax dollars allocated for trails, Larimer County Open Space funds and leverage flood recovery funds available for trails in 2015. Discussed a need to explore paid parking downtown to aid in controlling congestion and encourage the use of the new parking structure and transportation hub. The Board requested staff engage the public and businesses to understand the pros and cons of paid parking. Utilities has identified Franchetti as the company to complete a new Water Master Plan that would help identify what improvements/replacement for the Glacier Creek Water Treatment Plant; therefore, specific recommendations would be forthcoming in 2015. The Town would develop a sustainable funding plan for facilities maintenance. Goals 5-7 Years  We will continue to address parking options throughout the Town.  We will continue to pursue grants and utilize available open space funding to develop connectivity of trails in the Estes Valley in partnership with other local entities as described in the Estes Valley Trails Master Plan.  We will provide safe access for users to the trail system.  We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water treatment. 2015 Objectives  Complete the construction of the Multi Purpose Events Center and Stall Barn. Town Board Study Session – June 26, 2014– Page 3  Complete the environmental studies required for the extension of the Fall River Trail using the Paul Sarbanes grant.  Repair trails damaged during the flood, utilizing Larimer County open space funds for our match portion of the funding.  Start planning for the use of the trail sales tax dollars  Explore with the public and business partners and the Transportation Advisory Committee, the option of paid parking in some areas.  Start construction of the Visitor Center parking structure.  Make specific implementation decisions for the improvement or replacement of the Glacier Creek Treatment plant.  Develop a sustainable funding plan for facility maintenance.  Complete repairs to utilities due to flood damage. EXCEPTIONAL GUEST SERVICES The Event Center and Pavilion would be removed for 2015 as both buildings are to be completed in 2014. Staff would continue the implementation of the operating and marketing plan for the fairgrounds in 2015; however, it would be removed as a Board goal. The Board requested staff continue to identify the process for completing the stall barn replacement, and plan on the future upgrades and expansion of the Conference Center and reroof the center in 2015. Goals 5-7 Years  The Events Center Complex meets the 2013 CH Johnson pro-forma financial projections.  Complete stall replacements at the fairgrounds.  Plan for future upgrades and expansion of the Conference Center. 2015 Objectives  Implement the newly adopted strategy for evaluating, recruiting and retaining special events in the Town, including a strategy for events.  Repair the roof at the Conference Center. PUBLIC SAFETY HEALTH AND ENVIRONMENT Staff continues to pursue an emergency public advisory radio service and would utilize the 1% sales tax funds. Additional projects for 2015 include the continuation of the bear resistant trash and recycling receptacles; complete the mitigation of Elm Road landfill; consider adopting the Dangerous Building and Building Maintenance portion of the International Building Code; and continue to implement projects and policies that improve sustainability and quality of the environment. The Town would investigate alternative technology for recycling with Waste Management as a five-seven year goal. Goals 5-7 Years  We will maintain safe and healthy environments on Town owned properties.  We will implement projects and policies which promote sustainability, to improve the quality of the environment.  We will investigate alternative technologies for recycling and waste management. 2015 Objectives  Work to restore the streams damaged by the flood and to redefine the floodplains within Town boundaries.  Complete the mitigation work at the Elm Road landfill.  Continue the program to provide bear resistant trash and recycling receptacles.  Consider adopting the dangerous buildings and building maintenance sections of the International Building Code. OUTSTANDING COMMUNITY SERVICES The Town would continue to coordinate with the Estes Valley Recreation and Park District to move the Community Recreation Center forward. The Board requested the Town Board Study Session – June 26, 2014– Page 4 addition of a five-seven year goal to address the Museum’s need for additional artifact storage. The Town would form a centennial celebration committee in 2015 to begin planning the 100th anniversary of the Town. The Board and staff discussed the current staffing levels at the fairgrounds as it relates to event coordination. The current staff does not have the ability to take on additional coordination of new events such as Winterfest. Director Winslow stated facilities that include an event complex tend to contract out event coordination. He would recommend outsourcing coordination rather than adding a new staff member. Staff would like to research the issue further and come back to the Board at an upcoming study session and consider budget implication. The Board discussed the Town’s role in addressing the community housing issue and the discussion has been summarized: the Town’s role as a catalyst; review what other Colorado Association of Ski Town (CAST) communities have done to address housing; hold a summit meeting with other communities to identify what has worked and not worked for each; need for additional information to understand the issue, and therefore, understand the solutions; provide funding to update the 2008 housing study; as housing is a regional concern perhaps grant funding could be identified to address it; start discussions at the regional level and then discuss locally; and form a local housing committee to study the local issues. The five-seven year goal would be updated to identify the Town as a catalyst to the development of available housing solutions for all segments of the community: i.e. workforces housing, seasonal housing, long-term housing, etc. Administrator Lancaster stated the Town has the opportunity to double the size of the ice rink this year or have multiple sites. Discussion followed on whether or not the ice rink increased visitation and spending downtown. The Board requested staff discuss the issue with Visit Estes Park and the Estes Valley Recreation and Park District and come back during budget to discuss further. Goals 5-7 Years  We will plan and implement the celebration of the 100th Anniversary of the Town.  We will increase the capacity of the Senior Center, considering the recommendations of the Museum and Senior Center Master Plan in coordination with the Estes Valley Recreation and Parks District Community Recreation Center.  We will increase the capacity of the Museum, considering the recommendations of the Museum and Senior Center Master Plan including addressing the need for artifact storage facilitates.  We will serve as a catalyst to develop available housing solutions for all segments of our community. 2015 Objectives  Update the comprehensive plan.  Revise the sign code to be simpler and easy to understand but retaining the basic intent.  Define the housing needs and identify potential plans for action. o Complete an updated housing needs study of the Estes Valley. o Form a local housing committee to study the local issue. o Convene a housing summit of other CAST communities (fall of 2014).  Develop and adopt a policy for accepting public art, memorials and donations.  Continue to work with the Estes Valley Recreation and Parks District and the other partners in the Community Recreation Center, to develop and build the Community Recreation Center, including the Senior Center.  Participate with Rocky Mountain National Park in their 100th Anniversary in 2015.  Form a Centennial Celebration Committee. Town Board Study Session – June 26, 2014– Page 5 GOVERNMENTAL SERVICES AND INTERNAL SUPPORT Goals 5-7 Years  We will ensure town finances are strong with adequate fund balances and sustainable reserves.  We will maintain a well trained and educated town staff.  We will implement an enterprise wide document management system.  We will conduct a citizen survey biennially to measure our performance and citizen preferences. 2015 Objectives  Implement the capital planning process.  Complete the revision and updating of Board and Administrative Town policies. TRANSPORTATION Staff would develop a plan to repair and replace roads utilizing the new 1% sales tax for street improvements; complete the reconstruction of Dry Gulch Road in 2015; consider the inclusion of bike lanes when repairing roads; consider the inclusion of sidewalks/pedestrian lanes for areas along roadways in which school children travel or wait for the bus; complete flood repairs; and complete flood damage repairs to the Fish Creek corridor. Goals 5-7 Years  We will continue to address downtown traffic issues.  All of our Town streets will be classified at a fair condition (~70%) or above. 2015 Objectives  Evaluate and prioritize implementation of Transportation Visioning Committee signage recommendations.  Complete the flood damage repairs to the Fish Creek corridor.  Complete the flood damage repairs to other Town roads.  Complete preventative maintenance activities on Town roads, as adequate funds become available.  Adopt a plan for utilization of the new sales tax funds for street improvements.  Include bike/ped lanes wherever possible along with the street improvements.  Complete the reconstruction of Dry Gulch.  Begin the FLAP project, starting with the NEPA process and public outreach. There being no further business, Mayor Pinkham adjourned the meeting at 4:26 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, July 24, 2014 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 24th day of July, 2014. Committee: Chair Ericson, Trustees Holcomb and Phipps Absent: Chair Ericson Also Attending: Administrator Lancaster, Director Winslow, Manager Salerno, Coordinators Jacobson, Hoerner, and Wells, Chief Building Official Birchfield, Planner Shirk, Code Compliance Officer Reichardt and Recording Secretary Limmiatis Trustee Phipps called the meeting to order at 8:05 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. PUMPKINS & PILSNERS IN BOND PARK. Coordinator Jacobson presented a new event, Pumpkins and Pilsners, to be hosted in Bond Park on October 11, 2014 by Families for Estes to raise funds for biannual free family events, the new Senior Center partnership (F.A.S.T. - Families and Seniors Together), and to support the Community Recreation / Senior Center. The event would coincide with the Surprise Sidewalk Sale, potentially boost visitation during the fall season, attract local families, and feature a wide variety of children’s activities, music, food and beer. The Committee recommended the approval of the Pumpkins and Pilsners Event in Bond Park to be included as an Action Item at the August 12, 2014 Town Board Meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Visitor Center Quarterly Report – Manager Salerno reported a decrease in traffic at the Visitor Center during the second quarter which mirrored the activity of Rocky Mountain National Park. The reconstruction of Highways 34 and 36 should be considered a factor in the decreased visitation. New Ambassadors provided positive feedback on the improved training received this year.  Museum Quarterly Report – Coordinator Hoerner updated the Committee on increased attendance, the upcoming change of temporary exhibits, and the success of various new programs including the Downtown Walking History Tours, the Two Wheelin’ History Tours, and Meet Me @ the Museum.  July & August Event Report – Coordinator Jacobson informed the Committee of the success of the July 4th events and thanked Western Heritage for their exceptional work on the Rooftop Rodeo and Professional Bull Riding Events. Director Winslow stated a decrease in attendance could be attributed to a trend in guests staying for shorter time periods. She introduced Trayce Ferguson/President and Chris Coleman/Show Manager of the Colorado Hunter Jumper Association, who both complimented the new facilities at the fairgrounds and noted an increase in entries. Coleman expressed a commitment to make the horse shows technically correct, increase attendance and participation, engage the Town, local businesses and community, and improve the national reputation of the show. Coordinator Jacobson updated the Committee on the upcoming events of the Arapahoe Celebration, the 16th Annual Volunteer Luncheon, Simply Bluegrass and the Heritage Festival.  Event Benefit & Cost Report – Director Winlsow presented the Event Benefit and Cost Report which was produced in conjunction with data from Visit Estes Park to determine which events are providing the highest benefit to the Town. This Community Development / Community Services – July 24, 2014 – Page 2 information would be reevaluated and combined with the previous presentations on the topic to provide the full scope to the Board at the October Budget Study Sessions.  Shuttle Update - Coordinator Wells stated ridership has increased approximately 21% for the month of June, which could be attributed to the YMCA World Conference, and residential ridership has increased from Ranch Meadows and the Good Samaritan areas. The free trolley and the brown route will be offered as a field trip for Good Samaritan residents today. Some confusion occurred early in the season with the Fun Tyme Trolley, but this has not been an ongoing issue. COMMUNITY DEVELOPMENT DEPARTMENT. SIGN CODE REVISIONS – ELIMINATING CREATIVE SIGN PROGRAM & REVIEW BOARD. Chief Building Official Birchfield stated the Community Development Department would request the elimination of the Creative Sign Program and Review Board which has not been utilized since formation. This item was presented as a report only. No action was recommended. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Community Development Quarterly Report – Chief Building Official (CBO) Birchfield updated the Committee on the activity of the Community Development Department including grant applications, high traffic volume, a small fire in a restaurant downtown, and working with Attorney White on abatement and mitigation issues. Planner Shirk stated the Comprehensive Plan updates were delayed due to the 2013 flood, but work has resumed. The Neighborhood Plans are almost complete and would be presented to the Planning Commission in October 2014. Focus would then turn to the Transportation Plan and would be coordinated with Public Works. The 2002 Transportation Alternatives Plan, which helped lay the groundwork for the FLAP grant and funding for the parking structure at the Visitor Center, would be used to provide guidance for the Transportation Plan revisions to be presented this fall. The Economics section would be updated in conjunction with the Economic Development Corporation and input from local business owners. The Introduction would be completed last to summarize all the revisions. Planner Shirk informed the Committee of progress on the Park River West Condominiums, the Harmony Foundation, the Mountain River development, the O’Reilly redevelopment, the Stanley Wellness Center, the Visitor Center Parking Structure Development Plans, the antenna sites which have been approved for AT&T, a stockpiling area for Sombrero Ranch, the approval of the grading permit for reconstruction of Olympus Lane West, the work being done with Estes Valley Recreation and Parks District on the proposed Community Recreation Center, the grant funding for a playground in Carriage Hills, and the Comfort Inn redevelopment. Code Compliance Officer (CCO) Reichardt updated the Committee on the public outreach and education of the Code Compliance Policy that has taken place since community meetings were held in 2013. Revisions were made to the Code Compliance Policy to define the purpose and help prioritize cases. Staff continues to take proactive measures to address community concerns, initiate outreach and education, and work with the Estes Land Stewardship Association (ELSA), Rocky Mountain National Park and Larimer County in regards to noxious weeds. CCO Reichardt extended his work week to include Saturdays and evening hours to make himself more accessible to the community and to complete outreach in the downtown area. A positive response was received from the outreach efforts by downtown business owners regarding the sign code and outdoor advertising. Staff attempts to resolve code compliance issues voluntarily rather than take enforcement action and has seen a decrease in violations. Vacation homes remain a difficult issue to enforce. Staff continuously reviews the online listings to make contact with Community Development / Community Services – July 24, 2014 – Page 3 those not licensed or in violation of the codes and works closely with the Town Clerk’s office to identify non-compliant vacation homes.  Verbal Updates and Committee Questions – Administrator Lancaster commended the Community Development Department on their hard work and creative thinking to resolve the issues with the downtown restaurant that experienced the fire. CBO Birchfield stated it would not have been possible without the empowering management philosophy of Administrator Lancaster. There being no further business, Trustee Phipps adjourned the meeting at 9:56 a.m. Barbara Jo Limmiatis, Recording Secretary To: Honorable Mayor Pinkham Town Board of Trustees Interim Administrator Richardson From: Bo Winslow, Director Date: July 22, 2014 RE: New Event: Pumpkins and Pilsners Objective: To host a new event reviewed by Town Board and approve to conduct. Present Situation: Per Town Policy all new events in Bond Park need to be approved by Town Board. Proposal: Families for Estes is looking for new ways to fund-raise money that will go towards their bi-annual free family events throughout town, new senior center partnership (F.A.S.T- Families And Seniors Together) as well as to designate funds to support the new community recreation/senior center. This will be an event on Saturday, October 11th, from 12-6pm. Pumpkins and Pilsners is a fall family festival highlighting kid’s activities, live music, food vendors and beer. Some of the kid’s activities include a pumpkin patch, pumpkin carving/decorating contests, pony rides, face painting, hay rides, hay maze , photo cutouts, and a bounce house. The goal with this festival is to draw our local families (young and old) as well as our guests who may be visiting in town that weekend. Advantages:  Proposed event date is outside of our summer season  Has the opportunity to increase foot traffic for the Surprise Sidewalk Sale  The event is multigenerational offering activities for all ages  All event proceeds are benefiting a local nonprofit (Families for Estes) Disadvantages: N/A Community Services Memo Action Recommended: Staff recommends approval of this event. We hope to support more events taking place outside of the May-August months. Budget: The Town will receive revenues from miscellaneous rental fees (TBD by Town Staff and Event Manager) as well as a $20 per vendor as a vendor fee. Level of Public Interest: Staff feels the response to this event will be positive. We have had feedback from our Events Focus Committee about wanting an Oktoberfest in Estes Park and this event accomplishes that request. Pumpkins and Pilsners caters to both our guests as well as our community! COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: David Shirk, Senior Planner Date: August 12, 2014 RE: Amendment to the Estes Valley Board of Adjustment Bylaws Objective: Reformat the Estes Valley Board of Adjustment Bylaws to be consistent with other Board/Committee bylaws. Present Situation: The Estes Valley Board of Adjustment was created in the year 2000 with the adoption of the Estes Valley Development Code. The Board serves the entire Estes Valley, and includes five members: three are appointed by the Town Board, and two are appointed by the County Commission. The existing bylaws were created at that time and did not follow any specific format. Proposal: Reformat the bylaws so they are consistent with other Town bylaws. This proposal also includes minor revisions to align the bylaws with the Inter-Governmental Agreement that created the Board. Examples include specifying that the Chair and Co-Chair alternate between Town and County appointees and clarification about attendance. The bylaws presented for review have been reviewed by Director Chilcott, Town Attorney White, and Town Administrator Lancaster. This item is scheduled for review by the Board of County Commissioners on August 18. Advantages:  Will provide consistent format of bylaws.  Will ensure the bylaws are consistent with the Inter-governmental agreement. Disadvantages:  Staff is not aware of any disadvantages. Action Recommended: Approve bylaws as presented and recommend approval to the Board of County Commissioners and Board of Adjustment. Budget: Not applicable Level of Public Interest: Low Sample Motion: I move for the approval/denial Attachments: Estes Valley Board of Adjustment By-Laws ESTES VALLEY BOARD OF ADJUSTMENT BY-LAWS I. ROLE The Estes Valley Board of Adjustment (the Board) was jointly established by the Larimer Board of County Commissioners and the Town of Estes Park Board of Trustees in 2000. The Estes Valley Board of Adjustment exercises the authority given to it by the Town Board and Board of County Commissioners, as described in the 2000 Intergovernmental Agreement (IGA) between the Town and County, as summarized below. The Board shall: 1. Perform the duties, responsibilities, and obligations of the Estes Valley Board of Adjustment set forth in the Estes Valley Development Code (EVDC); and perform the statutory responsibilities of the Town and County Board of Adjustment within the Planning Area. 2. The Estes Valley Board of Adjustment shall hear all variance requests pursuant to the terms and conditions of the EVDC (from IGA Section IV.A Authority). In addition to these bylaws, the Board operates under the terms of the Town of Estes Park operating policy 102 and the terms of the Larimer County operating policy 100.1. A copy of those procedures, along with these bylaws, shall be provided to each member at the time of their appointment. II. MEETINGS A. Regular Meetings shall be held at least monthly. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered, provided the applicant agrees to such continuance B. Special Meetings may be held at any time upon call by the Chairperson. The Chairperson shall call a special meeting upon request by the Town Board, County Commission, Community Development Director, Town Administrator, or County Manager, or upon request by three of the members of the Estes Valley Board of Adjustment. C. Cancellation of Meetings Regularly scheduled meetings of the Estes Valley Board of Adjustment may be canceled or rescheduled upon: 1. Approval by two-thirds of the members of the Board, provided no applications are scheduled for review at the meeting; or, 2. By the Estes Park Community Development Director in the event that no applications have been submitted for Board review at the meeting to be cancelled. D. Meeting Procedures for matters requiring action by the Board, parliamentary procedure shall be followed in moving, discussion, and acting on such matters. E. Open Meetings All meetings and action of the Board shall be in full compliance with State Statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Staff Liaison to be familiar with these statutes and regulations. III. MEMBERS AND QUORUM A. Membership. The Estes Valley Board of Adjustment consists of five volunteer members who serve three-year terms. Two members are appointed by the Board of County Commissioners; three by the Town Board. B. Terms. Members shall be appointed to a three-year term. The terms of the members shall be staggered so that the terms of an equal number of the members expire each year. C. Vacancies. shall be filled by appointment by the Town Board or the Board of County Commissioners for the unexpired portion of the term of the position to be filled. D. Recommendations for Appointment. Upon request by the Town Board or Board of County Commissioners, the Estes Valley Board of Adjustment shall make recommendations for appointments to the Town Board and Board of County Commissioners. F. Quorum. A quorum shall consist of three (3) members. H. Action. Action by the Estes Valley Board of Adjustment shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided in these By-laws. IV. OFFICERS A. Officers. There shall be a Chairperson and a Vice-Chairperson for the Board. The Chair shall be from the Town appointees in odd years and from the County appointees in even years. The Vice Chair shall also alternate between the Town and County appointees, opposite that of the Chair. The Community Development Department Administrative Assistant or designee shall serve as Recording Secretary for the Board. B. Elections. Officers shall be elected by the members annually, at the first regularly scheduled meeting of each year. Officers shall be members of the Board. Notification of who is elected Chair will be sent to the Town Clerk and the Larimer County Commissioner’s office. C. Chairperson responsibilities: 1. Preside at all meetings. 2. Insure that all meetings are conducted with decorum and efficiency. 3. Call special meetings in accordance with the by-laws. 4. Sign any documents prepared by the Estes Valley Board of Adjustment for submission to the Town Board, Board of County Commissioners or Town and County departments. 5. See that decisions of the Board are implemented. 6. Represent the Board in dealings with the Town Board or other organizations. 7. The Chairperson has the same right as any other member of the Board to vote on matters before the Board and to speak for or against proposals, provided, however, that if the Chairperson desires to speak for or against a proposal which has been formally moved and seconded at a public meeting, the Chairperson shall relinquish the chair to the Vice-Chairperson while he or she is speaking. D. Vice-Chairperson responsibilities: 1. Assist the Chairperson as requested. 2. Accept and undertake duties delegated by the Chairperson. 3. Preside over meetings or perform other duties of the Chairperson in the event the Chairperson is absent or unable to act. E. Chair Pro Tem responsibilities: 1. In the event the Chairperson and the Vice-Chairperson are both absent or unable to act, a member shall be elected to perform the responsibilities of the Chairperson. F. Recording Secretary responsibilities: 1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the Board. 2. Prepare and keep the minutes of all meetings of the Board in an appropriate and designated file. 3. Give and serve all notices required by State Statute, Town or County regulations or the bylaws. 4. Prepare the agenda in consultation with Chair, or designee, for all meetings of the Board. 5. Be custodian of Board records. 6. Inform the Board of correspondence relating to business of the Board and attend to such correspondence. G. Removal from Office Any officer may be removed from office by a majority vote of the members of the Estes Valley Board of Adjustment in attendance at a meeting provided that at least thirty days notice has been given to all members that removal of the officer will be considered at such meeting. H. Officer Vacancies If any office is vacant, the members of the Board shall elect a member to fill the office for the remainder of the year. V. ATTENDANCE A. All members shall attend all meetings of the EVBOA, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. VI. GENERAL PROVISIONS A. These by-laws may be amended at any regular or special meeting of the Estes Valley Board of Adjustment by a majority of the membership of the Board provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken. Any amendments shall be subject to review and approval by the Town Board and Board of County Commissioners. VII. COMPLIANCE WITH TOWN AND COUNTY POLICIES A. The Board shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102 as amended and in compliance with the adopted County Commission policy on Committees, Policy 100.1, as amended. The terms of these policies are incorporated in these bylaws by this reference and are attached herewith. B. Volunteer members of the Board, appointed by the Town Board, will act in accordance to the adopted Town Volunteer Manual. C. Volunteer members of the Board, appointed by the County Commission, will act in accordance to the adopted policies. VIII. CONFLICT OF INTEREST: A. A conflict of interest occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. B. Members of the Board shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C. A member of the Board who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee; shall not vote on the item; and shall not attempt to influence the decisions of other members voting on the matter. Adopted this ___ day of _________, 2014 ESTES VALLEY BOARD OF ADJUSTMENT By:_______________ Jeff Moreau, Chair Approved this ___day of _______, 2014 ESTES PARK BOARD OF TRUSTEES By: ________________ William Pinkham, Mayor Approved this ____ day of __________, 2014 LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS By: ___________________ Tom Donnelly, Chair Transportation Advisory Committee Interview Committee Appointments Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: August 12, 2014 RE: Interview Committee for Transportation Advisory Committee Objective: To appoint Town Board members to the interview committee for the one position open on the Transportation Advisory Committee. Present Situation: The Transportation Advisory Committee is currently made up of nine volunteer community members. The Committee currently has one vacancy. Administrative Services has posted the positions and accepted applications through August 6, 2014. Proposal: Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, Mayor Pinkham has requested the Board discuss the appointments at the Study Session prior to the Town Board and bring forward a recommendation to the Board meeting for approval. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to be identified at the Study Session and recommended for Board approval at the Town Board meeting. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview panel. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE Special Projects Manager Date: Aug 12, 2014 RE: Event Center & Pavilion Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Pavilion project at the Stanley Fairgrounds. Present Situation: The MPEC main floor area is substantially completed. This area of the building is being utilized under temporary occupancy; however the main Lobby areas, ticket areas and conference rooms are still not occupiable for use. Currently the front areas of the MPEC the un-occupiable areas have completed installation of drywall, stone and a majority of the interior trim and painting. Lighting fixtures are in place in the main lobby and ceiling tile and grids are underway being trimmed and completed. The final roofing of the entrance above the entry timber trusses is substantially complete as the silo siding and roofing will be installed this week. This signifies the final drying in of the silo. Structural steel members for the second floor of the silo area of the MPEC are going to begin their installation next week. Exterior wood truss elements are underway adding the final architectural features to the MPEC. The base contract items for the MPEC are scheduled to be complete within four weeks leaving the Silo second floor modifications and punch list items remaining after that date. Budget: Community Reinvestment Fund - $5,682,050. The project remains within budget. Level of Public Interest This project has a very high level of public interest. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Community Development Director Chilcott Wes Reichardt, Code Compliance Officer Date: August 12, 2014 RE: Amendments to the Estes Park Municipal Code-Eliminating Creative Sign Program and Review Board Objective: Schedule a public hearing on proposed Sign Code amendments at the regularly scheduled Town Board meeting on August 26, 2014. Present Situation: Proposed code amendments are introduced at one Town Board, a public hearing is scheduled and action is taken at a second Town Board meeting. The Creative Sign Design Review Program and Creative Sign Design Review Board was created in December 2010 with adoption of Ordinance #18 -11. Creation of this program was one of the highest priorities of the 2010 Sign Code Task Force. The program has never been used. Community Development staff find that understanding the guidelines is difficult at best, which may be part of the reason the program hasn’t been used. Staff are working to determine the necessary scope of revisions to the Sign Code and request appropriate funding in the 2015 budget. The need for a Creative Sign Program will be re-examined at that time. Proposal: Proposed Sign Code amendments are attached, which: 1. Eliminate the Creative Sign Program and Creative Sign Design Review Board; 2. Assign the Estes Valley Board of Adjustment a s the decision-making body for Sign Code variance applications and appeals of staff Sign Code decisions. Advantages: Providing a brief overview of the proposed code amendment followed by a public hearing at a second Town Board meeting increases transparency and further encourages public input prior to a Town Board decision. Community Development Memo Page 2 Disadvantages: None. Action Recommended: Schedule a public hearing on proposed amendments for August 26, 2014. Budget: Cost of codifying Sign Code amendments is estimated at less than $1,000. Level of Public Interest Low Sample Motion: I move to schedule (not schedule) a public hearing on proposed Sign Code amendments at the regularly Town Board meeting on August 26, 2014. Attachments: Draft Estes Park Sign Code Revisions Title 17 Zoning Chapter 17.66 Signs 17.66.042 Prohibited Sign Definitions. Roof sign means a sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building or projecting above the roof line or a building (see Figures 9 and 10). 17.66.042 Prohibited Sign Definitions. As used in this Chapter, the following words and phrases are defined as follows: Roof sign means a sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building or projecting above the roof line or a building (see Figures 9 and 10). Roof signs may be allowed only as approved through the Creative Sign Program (Section 17.66.210) Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 1 of 9 17.66.050 Exemptions. (3) Flags that do not identify a commercial enterprise or other place of business, limited to three (3) flags per lot. The maximum individual size of a displayed flag shall be three (3) feet by five (5) feet when hunt from a building, or five (5) feet by seven (7) feet when hung from a flag pole. 17.66.050 Exemptions. Except as specifically provided herein, the following may be erected without a sign permit. These exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a business. All signs shall meet all applicable setback, construction, illumination and safety standards. Any signs larger in size or with any different standards than stated in this Section shall be required to obtain a sign permit. (3) Flags that do not identify a commercial enterprise or other place of business, limited to three (3) flags per lot. The maximum individual size of a displayed flag shall be three (3) feet by five (5) feet when hunt from a building, or five (5) feet by seven (7) feet when hung from a flag pole. The foregoing limitation on number and size of noncommercial flags may be exceeded only as approved through the Creative Sign Program (Section 17.66.210). Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 2 of 9 17.66.110 Sign Regulations in Nonresidential Zones (A, CD, CO, CH, O, I- 1) d. Projection: Shall not project beyond the outside limits of the arcade, canopy or marquee to which they are attached. 17.66.110 Sign Regulations in Nonresidential Zones (A, CD, CO, CH, O, I- 1) The following regulations shall apply to all uses in nonresidential zoning districts: (7) Suspended signs: a. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign. b. Maximum area: Five (5) square feet per face, ten (10) square feet total surface area. c. Minimum horizontal separation: Fifteen (15) feet between suspended signs. d. Projection: Shall not project beyond the outside limits of the arcade, canopy or marquee to which they are attached. except as may be approved through the Creative Sign Program (Section 17.66.210) (see Figures 18 and 19). Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 3 of 9 17.66.210 Creative Sign Program. The Creative Sign Program provides for property owners and businesses to propose and the Town to consider limited deviations from the regulations for on- site and off-site permanent signs provided in this Chapter under certain circumstances where the applicant voluntarily chooses to submit to this review as an alternative to the “use by right” sign provisions normally applicable under this Chapter. The intent of this process is: (1) to encourage signs of high quality materials and workmanship; (2) to encourage signs of unique design that exhibits a high degree of imagination, inventiveness; and (3) to provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of large or unusually designated signs. Additionally, the Creative Sign Program may provide for increased allowance to the maximum sign area permitted on theater marquees signs identifying films or performances currently showing in cases where necessary copy and standard changeable letter sizes clearly necessitate such an exception. (1) Applicability. Any property owner or business owner in any zoning district is eligible to apply for a Creative Sign permit. (2) Method of application. An application for a sign permit under the Creative Sign Program shall be made on the forms prescribed by the Community Development Director. The Application shall be accompanied by any required fees. (3) Review procedures. At each level of review or appeal, the decision shall be rendered, in writing, within the time limits set forth herein. The time period begins running when the application is deemed complete, or the notice of appeal has been filed, whichever applies. a. General. 1. Notwithstanding any of the time limits contained in this Section, the Community Development Director and the Creative Sign Review Board shall endeavor to render decisions in a timely manner. 2. Notwithstanding the time limits contained in this Section, The Community Development Director and the applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and shall be for no more than ninety (90) calendar days. b. Completeness review. Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 4 of 9 1. Upon receipt of a Creative Sign Program application by the Community Development Director, the Department shall perform a completeness review and issue a written status determination within ten (10) calendar days from date of submittal. 2. In the event the Community Development Director determines that the application does not include the necessary information needed to review the proposal for consistency with this Chapter, the Community Development Director shall deem the application incomplete. If the application is incomplete, the applicant shall be notified in writing. The notification shall specify what information is missing. 3. In the event the Community Development Director determines that the application does include the necessary information needed to review the proposal for consistency with this Chapter, the Community Development Director shall set a date for the review no later than sixty (60) calendar days from the date of receipt of a complete application for the final review of the application. c. Final Review. A Creative Sign permit application shall be subject to review and approval by the Community Development Director where the cumulative area of the proposed signs is fifty (50) square feet or less, or shall be subject to review and approval by the Creative Sign Design Review Board where the cumulative area of the proposed signs is larger than fifty (5) square feet. The burden is on the applicant to demonstrate substantial compliance with the applicable Creative Sign Design Review Board shall issue a written finding of approval or denial of the application within ten (10) calendar days of the final review. d. Appeals. Appeals by the applicant of the Final Decision of the Community Development Director or the Creative Sign Design Review Board shall be heard by the Board of Trustees. Appeals must be received in writing within ten (10) calendar days of the date of denial by the Community Development Director or the Creative Sign Design Review Board. The hearing of the appeal shall be held within sixty (60) calendar days of receipt of a written application and related fee. Written appeals must specifically identify the design standards at issue as the reason for the denial of the application. (4) Creative sign design standards. a. Architectural criteria. 1. The signs should utilize or enhance the architectural elements of the building; and 2. The signs should be placed in a logical location in relation to the overall composition of the building’s façade, Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 5 of 9 3. The signs should be integrated within and not cover any key architectural features and details of the building façade. 4. Wall signs should be located on the upper portion of the first- floor storefront and should be centered within and area uninterrupted by doors, windows or architectural details. b. Architectural style. Each sign should be designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where such sign is located. c. Color. The colors of a sign should be harmonious and complementary to the colors of the building on or near which it is to be located. d. Contextual criteria. The signs should contain at least one (1) of the following elements: 1. Historic design style. 2. Positive and creative image reflecting current character of the business. 3. Inventive representation of the use, name or products of the business. e. Design quality. The signs should: 1. Constitute a substantial aestheitic improvement to the site and have a positive visual impact on the surrounding area; 2. Be of unique design and exhibit a high degree of imagination and inventiveness; 3. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, proportion and form; and 4. Contribute to the image of the community by conveying a distinctive character that conveys a strong sense of place. f. Illumination. To convey a subtle appearance, the use of back-lit or reverse-channel letters with halo illumination rather than internally lit signs are encouraged. g. Multiple signs. Where more than one (1) sign is proposed, all signs should have designs that incorporate the following design elements in a compatible and coordinated fashion. 1. Letter style of copy; 2. Shape of total sign and related components; 3. Type of construction materials; 4. Lighting; and 5. Method used for supporting sign (e.g., wall or ground base). h. Neighborhood impacts. 1. Be located and designed not to create adverse impacts on neighboring uses. 2. Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; and Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 6 of 9 3. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale and proportion. i. Relationship to buildings. Signs located upon a lot with one (1) main building or several buildings should be designed to incorporate at least one (1) of the predominant visual elements of such building or buildings, such as the type of construction materials, color or other design detail. j. Sign materials. The goal of sign design is to maintain attractive and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials and the workmanship in the use of the materials should convey both a sense of quality and creativity. (5) Creative Sign Design Review Board. The Board of Trustees shall, as needed from time to time, appoint (5) members to serve on the Creative Sign Design Review Board. The membership shall consist of the following: a. Two (2) local business owners, and architect or other design professional and two (2) Town residents who may or may not have local business interests, and one (1) alternate member who shall serve when any member is not able to attend a meeting of the Board. The alternate member may serve in place of any member on the Board. b. Members shall serve staggered terms of three (3) years and shall be appointed by the Mayor and be confirmed by the Board of Trustees. (Ord. 24-10 §1, 2010; Ord. 18-11 §1,2011) Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 7 of 9 17.66.220 Appeals, variances, and minor modifications. (a) Appeals. The owner of any sign who believes a decision, ruling or order of the Building Inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Valley Board of Adjustment. The appeal shall be in writing and filed with the Community Development Department. The appeal shall be filed within ten (10) days from the date of the decision, ruling or order of the Building Inspector. The written appeal shall specify the decision ruling or order of the Building Inspector being appealed. The Estes Valley Board of Adjustment shall have no jurisdiction or hear any appeal not filed within (10) days from the date of the decision, ruling or order. (b) Variances. The owner of any sign may request a variance from the requirements of this Chapter. The request for variance shall be in writing and filed with the Community Development Department. The variance request shall specify the provisions of this Chapter to which the variance is being requested. There shall be no variance for maximum sign area on a lot of building. In granting any variance, the Estes Valley Board of Adjustment shall find that all of the following conditions exist: (c) Conditions. The Estes Valley Board of Adjustment may grant an appeal or variance subject to any condition it deems necessary to make the granted appeal or variance compatible with the purpose of this Chapter. (d) Procedure. The Estes Valley Board of Adjustment shall adopt procedures for the review of appeals and variances pursuant to this Section. The procedures shall be subject to approval by the Board of Trustees. (e) Prohibited signs. The Estes Valley Board of Adjustment shall not grant an appeal or a variance which allows any prohibited signs specified in Section 17.66.060 of this Chapter. 17.66.220 Appeals, variances, and minor modifications. (f) Appeals. The owner of any sign who believes a decision, ruling or order of the Building Inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Creative Sign Design Review Board (the “Review Board”) Estes Valley Board of Adjustment. The appeal shall be in writing and filed with the Community Development Department. The appeal shall be filed within ten (10) days from the date of the decision, ruling or order of the Building Inspector. The written appeal shall specify the decision ruling or order of the Building Inspector being appealed. The Review Board The Estes Valley Board of Adjustment shall have no jurisdiction or hear any appeal not filed within (10) days from the date of the decision, ruling or order. Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 8 of 9 (g) Variances. The owner of any sign may request a variance from the requirements of this Chapter. The request for variance shall be in writing and filed with the Community Development Department. The variance request shall specify the provisions of this Chapter to which the variance is being requested. There shall be no variance for maximum sign area on a lot of building. In granting any variance, the Review Board the Estes Valley Board of Adjustment shall find that all of the following conditions exist: (1) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots of within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. (2) The variance is in general harmony with the purposes of this Chapter and specifically is not injurious to the neighborhood in which the business or enterprise is located. (3) The variance is the minimum one necessary to permit the applicant to reasonably draw attention to the business enterprise. (h) Conditions. The Review Board The Estes Valley Board of Adjustment may grant an appeal or variance subject to any condition it deems necessary to make the granted appeal or variance compatible with the purpose of this Chapter. (i) Procedure. The Review Board The Estes Valley Board of Adjustment shall adopt procedures for the review of appeals and variances pursuant to this Section. The procedures shall be subject to approval by the Board of Trustees. (j) Prohibited signs. The Review Board The Estes Valley Board of Adjustment shall not grant an appeal or a variance which allows any prohibited signs specified in Section 17.66.060 of this Chapter. (k) Staff authority to grant minor modifications. Staff may grant minor modifications up to a maximum of ten percent (10%) from the following general sign standards, provided that the staff finds that such modification advances the goals and purposes of this Code and results in the reduction of visual clutter results in more effective signage, or relieves practical difficulties on the site: (1) Setback requirements; (2) Specific sign size restrictions, provided that the cumulative site total remains in compliance; or (3) Other dimensional and temporal standards contained herein. (Ord. 24-10 §1, 2010) Sign Code Amendments Draft 1 8/12/2014 Revisions: None Draft 1 Page 9 of 9 Community Services To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Bo Winslow, Director Date: August 12, 2014 RE: Event Benefit & Cost Report Report: Attached is the Event Benefit & Cost Report. This report is a combination of:  Profit and loss of events  Attendance numbers  Event Advisory Team findings (in regards to rating events)  Possible guest spending at events. These events all need to be looked at in several categories.  There are events such as horse shows o The primary reason people come to the event is to show their horses o It is not an event that typically draws large crowds o People normally don’t just drive by and attend o These type of events produce significant revenues for the Fairgrounds property and are overall great events for the Town venue  There are events such as Rooftop Rodeo and Westernaires o People come to the community specifically to see the event o People find out is going on and attend by chance  Wool Market is in an interesting category. It is an event that was created to draw people into Town in a slower time. This event has many components that makes it a great benefit to the community. o Animal breeders come and show their animals o Participants come to attend workshops o People come to buy product and shop o There is an educational component o The event is geared toward being family friendly o Unique to the community  Fundraising/Entertainment Events o Local Non Profits raising money to support their community – most of these type of events don’t bring the mass numbers to Town but they do give the guest more things to do which in enhances the experience In conclusion, events are a vital piece of the community’s economy. Event play an important role in both the guest and resident experience. When other communities are consulted as to what they are doing to increase the experience, Events is the main answer.  Event Benefit Report8‐12‐14Rooftop RodeoTotal Event Score out of 50 possible ‐ 432013Total Revenues 173,498$   Total Expenses 222,659$   Net Profit/Loss(49,161)$    Event Attendance 14,714Total Guest Spending $1,789,7954% sales tax collected on total spent $71,592Event description and benefit:  This event is a Town event that is managed by the Town and Estes Park Western Heritage.  Through an MOU between the two, responsibilities, revenues and expenses are shared.   Event Benefit Report8‐12‐14Sr RodeoTotal Event Score out of 50 possible ‐ 352013Total Revenues 7,851$       Total Expenses 4,927$       Net Profit/Loss 2,924$       Event Attendance 1,100Total Spending $122,5694% sales tax collected on total spent $4,903Event description and benefit:  This is a private event conducted by outside organization ‐ supported by the town with staff time and facility rental.  Event Benefit Report8‐12‐14Art MarketTotal Event Score out of 50 possible ‐ 242013Total Revenues 2,610$       Total Expenses 2,026$       Profit/Loss 584$          Event Attendance 12,000Total Spending $1,789,7954% sales tax collected on total spent $71,592Event description and benefit:  Local Non Profit fundraising event.  Supported by the Town with staff time and facility rental  Event Benefit Report8‐12‐14Barrel RaceTotal Event Score out of 50 possible ‐ 312013Total Revenues 402$          Total Expenses 3,976$       Profit/Loss(3,498)$      Event Attendance 126Total Spending $14,8424% sales tax collected on total spent $594Event description and benefit: Private event, fundraiser for Estes Park Western Heritage.  Supported by Town with staff time and facility use.   Event Benefit Report8‐12‐14Cowboy Mounted ShootingTotal Event Score out of 50 possible ‐ 402013Total Revenues 2,095$       Total Expenses 2,101$       Net Profit/Loss(6)$              Event Attendance 205Total Spending $31,9424% sales tax collected on total spent $1,278Event description and benefit:  Private event supported by Town with staff time and facility rental  Event Benefit Report8‐12‐14Red White and CoolTotal Event Score out of 50 possible ‐ 402013Total Revenues‐$                Total Expenses 3,384$       Net Profit/Loss(3,384)$      Event Attendance 150Total Spending $18,5524% sales tax collected on total spent $742Event description and benefit: This is a fundraising event for local non profit. Town supported with staff time and misc expenses.   Event Benefit Report8‐12‐14Fall Back Beer FestivalTotal Event Score out of 50 possible ‐ 372013Total Revenues 3,625$       Total Expenses 1,895$       Net Profit/Loss 1,730$       Event Attendance 300Total Spending $36,4924% sales tax collected on total spent $1,460Event description and benefit:  Event conducted by Town to support winter economy.  Event Benefit Report8‐12‐14Tree Lighting CeremonyTotal Event Score out of 50 possible ‐ 442013Total Revenues‐$                Total Expenses 2,647$       Net Profit/Loss(2,647)$      Event Attendance 800Total Spending $82,6044% sales tax collected on total spent $3,304Event description and benefit:  This event is sponsored and conducted by the Town.  Event Benefit Report8‐12‐14Ranch Horse VersatilityTotal Event Score out of 50 possible ‐ 352013Total Revenues 6,626$       Total Expenses 2,026$       Net Profit/Loss 4,600$       Event Attendance 450Total Spending $51,9804% sales tax collected on total spent $2,079Event description and benefit:  This is a private event.  The town supports with staff time and facility rental.  Event Benefit Report8‐12‐14Tinsel Tavern TourTotal Event Score out of 50 possible ‐ 422013Total Revenues 1,310$       Total Expenses 4,078$       Net Profit/Loss(2,768)$      Event Attendance 50Total Spending $6,0824% sales tax collected on total spent $243Event description and benefit:  This event is sponsored and conducted by the Town and VEP.  The event was created to supplement winter events post flood.  Event Benefit Report8‐12‐14Jazz FestTotal Event Score out of 50 possible ‐ 382013Total Revenues 2,525$       Total Expenses 33,721$     Net Profit/Loss(31,196)$     Event Attendance 1200Total Spending $138,6134% sales tax collected on total spent $5,545Event description and benefit:  This event is sponsored and conducted by the Town through assistance from a promoter that is hired by the Town.  Event Benefit Report8‐12‐14Wool MarketTotal Event Score out of 50 possible ‐ 432013Total Revenues $71,302Total Expenses $120,987Net Profit/Loss($49,685)Event Attendance 8,000Total Spending $973,1114% sales tax collected on total spent $38,924Event description and benefit:  This event is sponsored and conducted by the Town.  Event Benefit Report8‐12‐14Miniature Horse ShowTotal Event Score out of 50 possible ‐ 322013Total Revenues $4,174Total Expenses $4,175Net Profit/Loss($1)Event Attendance 250Total Spending $32,9634% sales tax collected on total spent $1,319Event description and benefit:  Private event supported by staff time and facility rental  Event Benefit Report8‐12‐14Elk FestTotal Event Score out of 50 possible ‐ 392013Total Revenues $15,446Total Expenses $39,752Net Profit/Loss($24,306)Event Attendance 7,000Total Spending $808,5784% sales tax collected on total spent $32,343Event description and benefit:   Town sponsored and conducted event.   Event Benefit Report8‐12‐14Arabian Horse ShowTotal Event Score out of 50 possible ‐ 332013Total Revenues $1,515Total Expenses $8,070Net Profit/Loss($6,555)Event Attendance 180Total Spending $23,7334% sales tax collected on total spent $949Event description and benefit:  Private event supported by staff time and facility rental  Event Benefit Report8‐12‐14Catch the Glow ParadeTotal Event Score out of 50 possible ‐ 452013Total Revenues $7,275Total Expenses $46,641Net Profit/Loss($39,366)Event Attendance 32,000Total Spending $3,304,1784% sales tax collected on total spent $132,167Event description and benefit:  Town sponsored and conducted.  Contractor hired to construct floats.  Event Benefit Report8‐12‐14Dressage Horse ShowTotal Event Score out of 50 possible ‐ 372013Total Revenues $23,150Total Expenses $11,999Net Profit/Loss $11,151Event Attendance 590Total Spending $72,9724% sales tax collected on total spent $2,919Event description and benefit:  Private event, supported by the Town with staff time and facility rental.  Event Benefit Report8‐12‐14Hunter Jumper Horse ShowTotal Event Score out of 50 possible ‐ 342013Total Revenues $119,186Total Expenses $100,829Net Profit/Loss $18,357Event Attendance 2,800Total Spending $329,1504% sales tax collected on total spent $13,166Event description and benefit:  Private event, supported by the Town with staff time and facility rental  Event Benefit Report8‐12‐14Scottish FestivalTotal Event Score out of 50 possible ‐ 342013Total Revenues $3,153Total Expenses $54,571Net Profit/Loss($51,418)Event Attendance 70,000Total Spending $8,085,7784% sales tax collected on total spent $323,431Event description and benefit:  Private event, supported by the Town with staff time, actual sponsorship dollars and donated facility donation.  Event Benefit Report8‐12‐14Draft Horse ShowTotal Event Score out of 50 possible ‐ 442013Total Revenues $52Total Expenses $4,112Net Profit/Loss($4,060)Event Attendance 1500Total Spending $151,8194% sales tax collected on total spent $6,073Event description and benefit: Private event, sponsored by the Town with actual sponsorship money, staff time and facility donation.   Event Benefit Report8‐12‐14WesternairesTotal Event Score out of 50 possible ‐ 432013Total Revenues $18,850Total Expenses $10,581Net Profit/Loss$8,269Event Attendance 600Total Spending $74,2094% sales tax collected on total spent $2,968Event description and benefit:  Private event.  Shared revenues from ticket sales.  Event Benefit Report8‐12‐14Winter FestivalTotal Event Score out of 50 possible ‐ 452013Total Revenues $4,188Total Expenses $12,630Net Profit/Loss($8,442)Event Attendance 7000Total Spending $689,8944% sales tax collected on total spent $27,596Event description and benefit:  Private event supported by the Town with staff time, facility donation and actual sponsorship dollars