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Home My WebLink AboutPACKET Town Board 2010-04-13Prepared 4/5/10 *Revised 4/9/10 ........ TOWN OF ESTES PARIÂ© The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 13, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - DUCK RACE. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 23, 2010 and March 30, 2010 and Town Board Study Session Minutes dated March 23,2010. 2. Bills. 3. Committee Minutes: A. Community Development, April 1, 2010. 1. Boy Scout "Camporee" at Stanley Fairground, September 24-26, 2010. 2. Grandstand Sound System - $18,625 Ford Audio-Video. 2. LIQUOR ITEMS. 1. PUBLIC HEARING: NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY CFJM ENTERPRISES INC. dba TIMEOUT SPORTS GRILL AND TAPHOUSE, 358 E. ELKHORN AVENUE. Town Clerk Williamson. 3. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND NAMING RIGHTS. Deputy Town Administrator Richardson & Manager Winslow. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4. ACTION ITEMS: 1. ORDINANCE #12-10 LEASE AGREEMENT FOR THE GRANDSTAND CONCESSIONS. Manager Winslow. 2. RESOLUTION #07-10 SURPRISE SIDEWALK SALE. Manager Winslow. 3. GRANDSTAND ADDITIONAL FUNDING. Deputy Town Administrator Richardson. 4. MAYOR AND TRUSTEE JOB DESCRIPTIONS. Trustee Blackhurst. * 5. EXECUTIVE SESSION POLICY. Trustee Blackhurst. Item removed from the agenda and moved to the April 27, 2010 meeting. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. '1 Jackie Williamson From: Admin iR3045 Sent: Friday, April 09, 2010 12:12 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2592 ST. TIME 04/09 12:04 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 I 1 Jackie Williamson From: Admin iR3045 Sent: Wednesday, April 07, 2010 3:32 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2575 ST. TIME 04/07 15:24 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town of Estes Park, Larimer County, Colorado, March 23, 2010 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 23rd day of March, 2010. Meeting called to order by Mayor Pinkham. Present: Mayor William C. Pinkham Mayor Pro Tem Chuck Levine Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Also Present: Jacquie Halburnt, Town Administrator J Lowell Richardson, Deputy fown AdminIStrator Greg White, Town Attorn49Â« \ \~~ Jackie Williamson, To#n Clerk Absent: None Mayor Pinkham called the meeting to Brder at 7-00 p.th. and all desiring to do so, recited the Pledge of Allegiance~Theer,~ti*agend<waslhortened due to the winter weather conditions. All items not*addkessed would#belnoVed to a special meeting on March 30, 2010. .2 7 Nlf PUBLIC COMMENT. Charlie Dicke#Town~it~en r~questeâ‚¬ the~community get involved and nominate individuals for the PrideLAward671-leâ€žys present to represent a group of downtown businesseNet signed a lettegf interest?fequesting the Town and Park Theater Mall owner,Sharon Seele? to move foAv*qy(completing the riverwalk. TOWN BOARD:COMMENTS. i Trtistee EÂ®son bommdnted*~ .Mis appreciation to the students that participated in the Studbnt in Government tjay. He stated there were many ideas on issues that maybe reviewhd~the*,M B~rd in the future. Mayor ProTem Levig,4minded the public that applications for the Pride Awards would be available th?ough March 31, 2010 for Volunteer of the Year, Teacher of the Year, Business Person*of the Year and EPHS scholarship. Awards would be handed out during the volunteer luncheon on April 23, 2010. Trustee Miller stated positive numbers were reported at the recent Marketing Committee for visitor guide requests, advertising response, summer bookings and downloads remain steady. He requested staff follow up on economic development grants outlined in a recent CML newletter. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 9, 2010 and Town Board Study Session Minutes dated March 9, 2010. 2. Bills. 3. Committee Minutes: Board of Trustees - March 23, 2010- Page 2 A. Community Development, March 4, 2010. B. Utilities Committee, March 11, 2010. 1. 2010 Tree Trimming contract - Asplundh, $113,664 - Budgeted. 4. Estes Valley Planning Commission Minutes February 16, 2010 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes February 2, 2010 (acknowledgement only). 6. Resolution #06-10 - Schedule public hearing date of April 13, 2010 for a New Tavem Liquor License Application filed by CFJM Enterprises Inc. dba TimeOut Sports Grill and Taphouse, 358 East Elkhofh.Avenue. /h Trustee Blackhurst requested item 6 be removed from the consent agenda. It was moved and seconded (Levine/Eisenlauer) to approdi the consent agenda items 1 - 5, and it passed unanimously. Consent Agenda Item #6 - Resolution #05Â·10 / 1 4 Trustee Blackhurst recused himself from the discussiopend actiorron thbitem due to a conflict of interest. As there were no further co'mments,it was moÂ¢ed artd seconded (Levine/Miller) to approve consent age)da italfi #604nd it pass with Trustee Blackhurst recusing himself. 2. LIQUOR ITEMS. 1. RENEWAL APPLICATION FILED'BY MONTEGO BAY ENTERPRISES INC. dba WAPITERESTAURANT AND PUB. 247 W. ELKHORN AVENUE. Town CleÂ¢k Williathson Â»stated liquorvlicense renewals are handled administritively"through the Clerk'sfoffice; however, the Board requested the licensde conie to,the fown B&ard to discuss the recent liquor violation that occurretkduring/the ASVknber~'.14<2009 alcohol sales compliance check conducted*bÂ¥ the Stateliquor Enf6rcement Division. Mr. Nelson explained the /circun@tance surroundili*th, *ale to a minor that involved two of his servers. / He.statedhhat ' 1, of~he individuals have been let go. He reviewed his < Ijolici@h, new'hanhook that addresses new guidelines and internal compliance \~ checks, And stAted TIPS training will take place on April 10, 2010 for his staff. #~Th#*BoardlmprÂ®sed upon the owner the seriousness of the violation and after furthekdisdussion, it was moved and seconded (Blackhurst/Ericson) to apPLovtthe prinewal of the Tavern liquor license for Montego Bay Enterprise,/Inc. dba Wapiti Restaurant and Pub, and it passed unanimously. 3. ACTION ITEMS: 1. EXTENSION OF ESTES PARK HOUSING AUTHORITY LOAN. Finance Officer McFarland reviewed the loan the Town provided the Housing Authority to purchase the Pines Apartment for low-incoming housing in 2006 with a mixture of both resale and affordable senior rental units. In 2008, the EPHA requested a 2 year extension of the loan, which was granted by the Board. As of March 2010 the Authority has repaid all but $415,000 of the $2.7 million loan and has requested a 1 year extension through June 2011. EPHA Director Kurelja stated there are 8 units left to sale; however, only 2 units are needed to pay the Town loan in full. It was moved and seconded (Homeier/Eisenlauer) to approve a 1 year extension of the Estes Park Housing Authority loan through June 2011, and it passed unanimously. LIÂ¥1 Board of Trustees - March 23, 2010- Page 3 2. CONCESSION STAND TENANT FINISH CONTRACT. Director Zurn reviewed the bid process for the Stanley Park Fairground concession stand tenant finish. The base bids included materials, labor, equipment, cabinetry and plumbing. Two alternates were included for cabinetry in the concession office and installation of a industrial garbage disposal. Five bids were received with a low bid submitted by local contractor Westover Construction for a cost of $29,250 for the base bid. Staff recommends approval of the low bid with the addition of Alternate A, completion of the office, and $3,000 contingency (10%). The current concessionaire, the Lions Club, has agreed with the decision to not include a garbage disposal. After further discussion, It was moved and seconded (Levine/Eisenlauer) to approve a contract with Westover Construction for the completion of the Stanley Park Fairground>Ghcession stand tenant finish at a cost of $32,750 with Alternate A anil a 10% contingency from account #380-7000-419-35-70, and it passe~u~animously Whereupon Mayor Pinkham adjourned the m eeti~~e~.45F~~ William CÂ»inkbaln, Mayor Â¢ -%\ 1 i> Jackie Williamson, Town Clerk 4 r*\ 1 \3 \ 1% 1 +.*: ' / / 4 ) j 1 C 1 4 6% i - m..~: ../. Town of Estes Park, Larimer County, Colorado, March 30, 2010 Minutes of a Special 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 30th day of March, 2010. Meeting called to order by Mayor Pinkham. Present: Mayor William C. Pinkham Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Also Present: Jacquie Halburnt, Town Administrator~ Greg White, Town Attorney ~0/ ~ Jackie Williamson, Town Clerk Absent: Chuck Levine, Mayor Pro'fqd \\ 0 Lowell Richardson, De#mtÂ¥'Town Administrator \ 13 Prior to the regular meeting a graduation ceremony was held for the 2010 Citizen's Information Academy at 6:30 p.m. f *# .X GRADUATION CEREMONY: 2010 CIAZENS INFORMATION ACADEMY (CIA). Mayor Pinkham, Museurn.* Director*ilsdonkl and 'To:wri~"Administrator Halburnt - Presented participation..66ttiffeates and,Townl)f EatesJ?Ark hats to the following class 'U,f members: Reuben Bergsten Sheila Brennari~ Kathy Bryson 901\ r Don Bryson i ConnieclarIAJ Charley Dickey Joseph,Evans ~ /Gayl Fosh@6 John Guffey Raymâ‚¬nd Hertz x 1. \Susie Hertzb Darlene Homme Thor Homme \~ 10 1~ Alicia Mittelman Ward Nelson Rex Poggenpoh' 1 \ >Sthron Poggenpohl Robert M. Rising J. Philit) (Joe) Sarbbg h Petef Sinnott Stephanie Sinnott Rog@r Steers 4 Joshua Timberlake Mayor Pinkham decla~ed 38 10-minute recess where a public reception was held following the grAduation ceremony. 1%4\,m, / Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. ACKNOWLEDGEMENT OF AL SAGER'S YEARS OF SERVICE. Mayor Pinkham presented a plague to Al Sager, commemorating 36 years of service to the Town of Estes Park as an Estes Park Planning Commissioner and Chairman, an Estes Valley Planning Commissioner and an Estes Valley Board of Adjustment Commissioner. Al Sager expressed his appreciation to the Mayor, Board of Trustees and Staff. PROCLAMATION - VOLUNTEER WEEK. Mayor Pinkham read a Proclamation acknowledging April 18-24 as Volunteer Week and thanked all the volunteers of Estes Park. PUBLIC COMMENT. Board of Trustees - March 30, 2010- Page 2 Charlie Dickey/Town citizen thanked the Board for the opportunity to attend CIA. He stated the all individuals nominated for a Pride Award should be recognized, not just the winners and suggested the Board consider a civil servant award in the future. He reciuested the Board respo'nd to the letter of interest presented to the Board at the March 23, 2010 meeting regarding the completion of the riverwalk through the Park Theater Mall property. TOWN BOARD COMMENTS. Trustee Blackhurst announced the Utilities Committee meeting on April 8, 2010 would be cancelled in lieu of the Open House for the newly completed Marys Lake Water Treatment facility. Trustee Miller reminded the public that the Community Development Committee meeting would be held on Thursday, April 1 St at 8:30 a.m. in the Board Room. Mayor Pinkham reminded the public to vote and return theipmail,ballots by 7:00 p.m. on Tuesday, April 6, 2010. 1. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND UPDATE. /904 Town Administrator Halburnt stated 17% of the work has bee,~ cbmpleted by local contractors. The project has bxpdtienced'cAt overruns IndRe range of $200,000 to $300,000. Deputy Town*Ad,Airlistratbr Richardson would review EPURA funds to determine-how much Ehn be~ontributed by the Authority to cover additional costs. Dkector#Zurn repotled the installation of the bleachers has begun. \90Â« 13 2. TRANSPORTATION HUB FUNDING. 2 Director Zurn sthted the<rown Fecuivdd a.dong,@ion Mitigation and Air Quality grant in an amount of$706,000~to h,#fdeal with air quality issues in Northern Colorado./HeÂ·feviewAd the pres*entation provided to the Upper Front Range Transport'ation~Region'Bo*ard. Thd..rn&ney would be used to fund a portion of the Stanley#P~kjtlar~ iT[ib to Peddce congestion and pollution. Staff gnticipates using the,fund& in conjunction with additional grant funds to build ~the transithub. The &:rrent grant must be used to make an immediate impact < 04 air cittality>the?eforeÂ»taff anticipates construction to begin in the fall. < brustee Milteli r*quested staff review options to expand the parking at the N~Dgr~unds if the atiditiorial=0rant becomes available. j j 3. PUD PROBLEM STATEMENT. A pr6blerhisfat~rrient for Planned Unit Developments (PUD) has been developecljoip between the Town Board and the Estes Valley Planning Commission, Trustee Miller reviewed the statement that would address the current limitations of the PUD code regulations, allow creative approaches to development to meet needs of the community (affordable and employee housing and preservation of open space) and to investigate how flexibility and creativity could be encouraged in future developments to promote good design practices. The result would be a credible analysis of the current regulations compared to other communities, general recommendations for changes to the existing regulations and a problem statement for specific direction for code revisions. After further discussion, the Board consensus was to send the statement to the Planning Commission for consideration with the addition of public involvement to the scope of the problem statement. 4. TOWN ADMINISTRATOR REPORT. â€¢ None. Board of Trustees - March 30, 2010- Page 3 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. Ordinance #11-10 Micro-Wind Turbine Amendment to the Estes Valley Development Code - Public Hearing. Mayor Pinkham opened the public hearing. Planner Shirk reviewed the changes to the code including size of a micro system, height, setback requirements, ridgeline protection, noise, lighting prohibited, operating condition, ground clearance, permits for units connected to the grid, number of systems per lot, underground electrical connections and permitted use in non-residential and residential as an accessory use. The swept area of an individual unit would be 15 square feet with a maximum of 45 square feet per lotihd a minimum ground clearance of 10 feet. Public Comment: Paul Brown/Town citizen requested 4the Board consider modifications to the Larimer County regulations on wind 8enerators'hs obtlined in the letter $ 4 provided on March 26th in lieu of the>proposed amer'dmdhts. He stated a special review process fof unifs that,dp not m@et lhe minimum standards should be establis 40.\He statea concern *ittdthe Board separating out regulations for micQ br,16 an'd all other wind units, and expressed concern yith;the exclusionarf code that continues to be developed by the Plannihg Comm~sion\4 He requested the Board ~rn= t~=garll~~ pmeor~rts parts as a~option to almblimly grouhd,cleardnce. He requested the Town B~ard re~and the*qohe,chan@sitÂ©he Planning Commission for furthe~regiew-1 \ Dave~RAk/Coun~ c!!izen requested the Board reconsider the separation and crbatidnd'tg? 4*arate bodbs for micro units and all other units. f-Separate*regulatibnkwould 14 difficult to regulate. The Larimer County i *regulkens addrbss many ofthe issues being considered by the Town. 1\.1. 1 1 4 Bob Cl*ents/uounty,citizen presented a modification to the proposed 1 \pode changek including a maximum size of 80 square feet, only one unit Nx pq[ lot for 'unitp larger than 15 square feet and 2 times the setback for \.uniti~large; than 15 square feet. He requested ground clearance be ?hodined.to safety clearance and include the option for screening of the moVing parts lower than 10 feet. He asked the Board to direct the PlanAingtommission to review a middle ground with relation to units above 15 square feet and less than 80 square feet. Ron Norris/Chair of EVPC stated the separation of the micro units has allowed a simplified set of code regulations to be developed thereby making the unit available immediately. The Planning Commission has begun the process of developing a review process for the larger units with acceptable standards, consideration of smaller setbacks, and use by right for the smaller turbines. Mayor Pinkham closed the public hearing. After further discussion, it was moved and seconded (Miller/Ericson) to approve Ordinance #11-10 with modification of (8) Ground Clearance to include clearance or enclosures from moving blades or moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds or any combination thereof, and it passed unanimously. Board of Trustees - March 30, 2010- Page 4 Mayor Pinkham called a 10 minute beak at 9:20 p.m. and reconvened the meeting at 9:30 p.m. B. Special Review #2010-01, Circle of Friends Montessori School, Lot 1, Masonic Subdivision, Circle of Friends Montessori School/Applicant. Item was withdrawn by the applicant. Trustee Homeier requested Town staff review the special use of the lodge as a church. C. Improvement Guarantee Time Extension, Streamside on Fall River Condominiums. Applicant requests a 3 year time extension on the construction of adequate public facilities. Planner Chilcott stated the Town Board approved a condominium map for the property in 2006 which triggered the completion of public improvements to the property. The EVDC required the improvements (water mainflh hydrant, expanding internal paved roads, upgrading electrical main *ahd service lines and upgrading/expanding the sewer system) be,dompleted within 2 years from approval. Trail improvements have beer'~1)aidÂ·for by the owner; however, all other improvements remain incomplete./ 1 2 11 Lonnie Sheldon presented a propospd pnasing plan and cost estimate for completion of the improvementi He stated title applicaht:is ihagreement with the proposed conditions ofapp,0â‚¬/2 1-3 It was moved' andAseconded (Miller#Blackhurst) to approve the Improvement Guar#tee'Time Exte,?sion*for Streamside on Fall River Condominiums cond#ionalt*113?orni;l~tio~of the phasing outlined by the applicant in V,â‚¬Horn Engin<erin~jetter dated March 12, 2010; 2) No-building permits G new Unts until improvements have been cp,41,te&:13) Anjuikli,04bstjstimate, reflecting current construction dosts),shall be submitted for staff review and approval; (4) X letter of dre~it shalixbd\provided for the full amount of the updated cost estimakand the letter of credit shall bear an expiration date nblaterÂ·than.Dece@*ber'l,/2013, or a cash financial guarantee ,/ Stiall be provided; a~216) Ifthere is a condominium sale water and ,-road improVemdhts must be completed before such a sale is made, Â« and itpasse~ unanithously 3. ACTION ITEMS: 1, ~\ I \ 11 1. APPOINTMENTS. / \V / a. Tree Board - Craig Adams, completing term of Wendell Amos, expiring 04/30/12. It was moved and seconded (Eisenlauer/Miller), to approve the appointment of Craig Adams to the Tree Board as stated above, and it passed unanimously. b. Estes Valley Board of Adjustment - Mark Elrod, 3-year term, expiring March 31, 2013. Discussion was heard on the appropriateness of appointing a current Trustee candidate prior to the election. After further discussion, it was moved and seconded (Homier/Ericson), to table the appointment until after the Municipal election on April 6, 2010, and it passed, with Trustee Miller voting "No" and Trustees Blackhurst and Eisenlauer recusing themselves due to a conflict of interest. c. Platte River Power Authority - Reuben Bergsten, completing term of B. Goehring, expiring December 31, 2011. It was moved and seconded Board of Trustees - March 30, 2010- Page 5 (Blackhurst/Eisenlauer) to approve Reuben Bergsten to the Platte River Power Authority as stated above, and it passed unanimously. 2. FEE WAIVER FOR PARK THEATER MALL BUSINESSES. Administrator Halburnt stated staff and the Town Board have met with the Park Theater Mall business owners to discuss fee waivers, and as a result the following fee waivers are being proposed: waiving/reimbursing a one-time business license fee and reimbursing $500 in town services/fees through December 31, 2011 for 16 affected businesses (Park Theater Mall businesses, Caramel Crisp, Copper Penny and Rocky Mountain Traders). The waivers/reimbursements would be paid from the Catastrophic Loss Fund with a maximum cost of $11,200. Deputy Town Administrator Lowell Richardson would be the single point of contact for the business owners moving forward. The Board discussed the reaction of other businesÂ£3Wners in town to the waiving of business license fees, the settingâ€ždi prdcedence, and other businesses have suffered from disasters and receivedmo aid from the Town in the past. 0Â« /1 Paul Fishman/14ers Cafe and Park Theater Mall representative stated the request for additional fee waivers is redatedio fees that a ~usinbss would have already invested when first openinÂ« b(siness/such as buitclig~~rmits and sign permits. Charlie Dickey/Town citizen.stated the req~lest by the businesses would set precedence and reinforc& the*se{pe of entitibment. Businesses have to protect themselves from potential alsasters. 1 *\~ After further discussion, it was\moyed and*seconded (Ericson/Miller) to approve a $500 ci@dit towhrdieommGnity_Development fees through December,2011 forth~licensid Park Theater Mall businesses destroyed in the firÂ¢ and the Cbpder Penhy, 'Rocky Mountain Traders and Caramel Crisip, and it bassed.*ithffrrustee Eis;hlauer voting "No". 3. ORDINANCE #10-10'AMENDING AND RESTATING TITLE 2 PERTAINING /TO,ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1) /' PERTAINING TO FALSE REPORTING TO AUTHORITIES. 4 Attorney WAit~ stated Title 2 of the Municipal Code has been amended to ~,inctude only thos~section; required by the Colorado State Statutes. The rbvisibns remov& portions such as the Tree Board and Unclaimed Property that belhng ihithe 9dpropriate Town Department policy manual; rearrange sections for dirily:*consolidate sections related to appointment of Town Officers; remove appointhient of the Fire Chief; and clarification that newly elected officials would'be seated after certification of election results. Section 9.02.040 removes the reference to the Volunteer Fire Department due to the formation of the Fire District in November 2009. Mark Elrod/Town citizen questioned additional changes to Title 2 including a review of the current quorum language which includes the Mayor; clarification of Committee appointments; including the Mayor as a voting member of the Board; providing gender neutral language; include Town Administrator under Appointments; and questioned why sections of the statutes were not included in the revisions such as Removal of officers-causes-notices and Oath of officers-bonds-waiver-declaring office vacant. Attorney White stated the Estes Park is a statutory town; therefore, it is not necessary to reiterate the statute in the Municipal Code. After further discussion, it was moved and seconded (Blackhurst/Miller) to approve Ordinance #10-10 with the addition of the word "meeting" in Board of Trustees - March 30, 2010- Page 6 Section 2.28 Town Administrator, appointment and addition to Section 2.24.020 outlining vacancies, and it passed unanimously. 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Eisenlauer/Miller) the Town Board go into Executive Session - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6- 402(4)(E) and for the purpose of a conference with Town Attorney White to receive legal advice regarding potential litigation C. R. S. Section 24-6- 4-2(4)(b)., and it passed unanimously. Mayor Pinkham recessed the meeting to enter into Executive Session at 11:00 p.m. Mayor Pinkham reconvened the meeting at 11:42 p.rrf fre~ Executive Session whereupon he adjourned the meeting at 11:42 p.m. / < -~Â«1 Williant C.,Pinkham, Mayor\~ ~ \3 Jackie Williamson, Town Clerk 8 'C RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 23, 2010 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 23rd day of March, 2010. Board: Mayor Pinkham, Trustees Blackhurst, Eisenlauer, Ericson, Homier, Levine and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, Finance Officer McFarland, Town Clerk Williamson, Absent None Mayor Pinkham called the meeting to order at 4:30 p.m. PARK THEATRE MALL SALES TAX REBATEREQUEST. Administrator Halbumt stated other munic~'Salit* have used sa~;tax<ebates for private developments that have completed,public infrastructure impro*pments, and have not used rebates for disaster relief. Attomk~Whit#'restated that fe6ates have been used for annexation or development agre@m~nts.4*The recent disaster in Windsor resulted in damage to many busindish>â‚¬Id Windsor did not use sales tax rebates as a result of the natural disaster. Hi stated'* . icy should be developed if the Board decides to rebate sales tax for the affette~busihesses. ~ %, \ Paul Fishman/Park Theatif*Mall repra?entative stated the businesses located in the mall were existing budfne,se~ thpt made#(initial inv@strhent in Estes Park. A rebate on sales tax woulcbdilow'thesebukinesses~tor*open and continue to increase sales tax collection in the fdturd~for thejfodn as well akpreate employment opportunities. The businesses are reqtig~ihgÂ®he Tokmreinveshirl ~usinesses that exist in the community. Board discussionfollo~ed and is summarized: sales tax collection is not a burden to businesses; salesitahoehot*belong to the businesses; sales tax rebates are used to attrabt new businA,es'to ~cohnunity; rebates don't work; a rebate would set a prece~dent; other busidessds haksdffered disasters; government represents all sectors of the bq[n?hunity andl shduld invest in the community not one sector; and other businesses haUsuffered dde to the economy. A general discussio continued with regard to the development of a disaster plan as it relates to local blisi[~sses and the role of local government. The Mayor stated the Board should continue the discussion after the new Board is seated in April. Mayor Pinkham called a break at 5:10 p.m. and resumed at 5:30 p.m. COMMITTEE SYSTEM DISCUSSION. Administrator Halburnt reviewed the current Committee system consisting of four standing committees that meet once a month. She proposed combining the committees (Community DevelopmenUPublic Safety and Public Works/Utilities) to streamline the system. Trustee Blackhurst stated concern with creating longer meetings and would not be in favor of combining the committees. Trustee Ericson recommended the Board consider a Finance Committee and retain four meetings a month. The new committee would review financial statements, processes, bills, and comment on the budget process. He commented on the need to know where Ii!*11 RECORD OF PROCEEDINGS Town Board Study Session - March 23, 2010 - Page 2 the Town sales tax collection year to date is in relation to spending and the 30% fund balance on an ongoing basis. Discussion followed by the Board on the need to understand the role of the proposed Finance Committee before moving forward. Mayor ProTem Levine suggested quarterly study sessions be held in lieu of a new Committee to review financial document in more detail'. Trustee Homeier suggested the Audit Committee fill the role of the proposed Finance Committee and address items such as approvals on items to be cut from the current year's budget. After further discussion, the Board reached consensus on combining Public Works, Utilities and Public Safety as one Committee and Community Development/Community Services as the second Committee for a 6 month trial period starting in May . TRANSPORTATION COMMITTEE FORMATION. Administrator Halburnt stated members of the Board have requested the formation of a Transportation Committee to review and discuss issues, concerns and funding for transportation/transit in Estes Park. The Board discussed anÂ©eviewed with Director Zurn the current transportation studies that have been comMeted'and the NEPA study that would be completed in the next 18 months provjdfng pieferred processes and recommendations on transit to reduce congestion./ The4 Comprehensive Review Committee plans to make recommendations on a.nhactioniplkfor ongoing items such as transportation. The Board recommepds Â¢e formatidn,*of#a Transportation Committee to consist of Administrator Halbufi~>Director Zurn, Fralk Theis and 2 Trustees to be named after the election in, \\ MISCELLANEOUS. Trustee Miller requested communications be added to a~tuture study session to discuss a proactive communication policy. (He heprovided*an Update on the current marketing efforts of the Local Marketing DistricVDestin~tion Mari&ting?Â©rganization. ~180*P There being no further businBRs, Mayori)inkha~ adjourned the meeting at 6:45 p.m. ackie Williamson, Town Clerk E 10 \\ 1%~%'41 RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 1, 2010 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 1st day of April 2010. Committee: Chair Levine, Trustees Eisenlauer and Miller Attending: Trustees Eisenlauer and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Director Joseph; Managers Winslow and Fortini, and Deputy Town Clerk Deats Absent Chair Levine, Deputy Town Administrator Richardson and Director Kilsdonk ./ / 1 Trustee Miller called the meeting to order at 8:00 a.fA PUBLIC COMMENT. None COMMUNITY SERVICES DEPARTMENT. 17/ 13\OX 4\.....1 CONCESSION STAND LEASE AGREEMENT> * Staff presented a lease agreement with the Lions Club,of Estds Park for the concession stand at the Fairgroundslt'*Stanley Flark.-,The â„¢agreement, which is similar to the previous lease, outlinel,a rint structure of 12% of gros*dales, less sales tax, sales tax license fee, food lied'nse fee and 352% bedr license paid to the State and Town of Estes Park; and changds rriAde nece,da# due to tl)*onstruction of the new grandstands and concession stand Area.. The,Â·leaÂ§e-isjor a term beginning May 15, 2010 and ending December 31,32010, and fo jitv96-consehitivh'years thereafter. An equipment list is currently,15*ing.@dated andwill be includ@dlvith the lease renewal at the end of 2010. The Committee recpmmends approval of the concession stand lease agreement withfthd Estes Park Lions Club to be included as an action item on the April 13, 2010 Town Board agenda. 0 ... t BOY SCOUT FACILITY USE. The Boy Scouts are planning a "camporee" in Estes Park to celebrate 100 years of scouting. A majority- Of the activities will take place at Hermit Park, but additional camping space for.75-150 tents to house approximately 300 people for two nights is needed. Local carApgrounds have been contacted but are unable to handle these numbers. The Scouts have requested the use of the fairgrounds on September 24 and 25, 2010, to accommodate campers from Colorado, Wyoming, and Nebraska. Current Events Department policy does not allow tent camping at the fairgrounds, but this restriction has been waived in the past to allow camping during the Scottish Festival. Staff recommends allowing the Boy Scouts to use the facility at a fee of $5 per tent, per night. The organization will be responsible for bathroom rental and trash removal, and the campers will be supervised by adult chaperones at all times. The Committee recommends approval of the use of the fairgrounds on September 24th and 25th by the Boys Scouts for tent camping accommodations at a cost of $5 per tent, per night. GRANDSTAND SOUND EQUIPMENT PURCHASE. A budget of $60,000 for a new sound system was included in the construction budget for the grandstands at the fairgrounds. Many speakers in the current system do not work, and the equipment is outdated and inadequate for the events currently booked. Bids for the necessary components were sent to three vendors with the following RECORD OF PROCEEDINGS Community Development- April 1, 2010 - Page 2 results: Drums West - Estes Park, Colorado $23,786 Ford Audio-Video - Denver, Colorado $18,625 Listen Up AV - Denver, Colorado $21,175 After reviewing the bids, staff recommends low bidder Ford Audio-Video, to supply the components for the sound system. The new sound system is designed to accommodate expansion and future growth. Sound system installation will be handled separately at an approximate cost of $10,000 to $12,000. The Committee recommends approval of Ford Audio-Video as the supplier for the grandstands sound system components at a cost of $18,625 from account # 380-7000-419-35- 70, budgeted. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Visitor Services Quarterly Report â€¢ Museum Quarterly Report /< COMMUNITY DEVELOPMENT DEPARTMENT. ,/\ ~~ REPORTS. Reports provided for informational purposes*nd made a paq of the ~~~dings. â€¢ Sign Code Revisions - Dir. Joseph reported that work continues dn~Sign Code revisions and reviewed a new element of ttkcdde Which was a recommendation of the Sign Code Task ForceAthe CreatiOe.Sign Program. The Creative Sign Program will provide flexibilitâ‚¬h# applying sigrNcode regulations to allow for imaginative and creative sigrfs with a ~!ligher levdl,#design. The application will be reviewed by a design reOiew boird )ppointed)* the Town Trustees for compliance with architectural dhsign elements~of.the building, quality, and the program's creatiOe*deslbn standardd. /Dir. Jose6h also discussed revisions related to an Â®plication *Acess fok community special event signs. Public comthent was rec~ed from Jabk Vaughn, town resident, who supported an applicationbrecess,fdr digns,~dveftiding events sponsored by local non-profit organizations.~+Joe.rEVans,towq residâ‚¬nÂ¢ and Renee Hodgden, business owner byt11'3*Osed the retluiremenOconsidering it an unnecessary bureaucratic ,process. Ms:Hodgdehgequested that additional discussion and input be taken Â¢ orf sign codd' revipions,~an~I that fee schedules are made available for public \~evjew. The Coinmittee requested that work continue on the sign code revisions incltiding fee schedules antfillustrations, and that the revisions be sent back to the'Sign~Code Task Fprce for review. â€¢ Medibal Marliuana< Update - With the current Medical Marijuana moratorium expiring tori:June,24, 2010, Dir. Joseph provided information related to basic approaches.that#could be utilized to regulate medical marijuana dispensaries (MMD). The'se'approaches include: setting use specific location standards to restrict proximity to schools, parks, and other public places; relegating the use to a limited zoning district such as industrial or heavy commercial; and regulating MMD operations under the municipal code as a controlled substance similar to liquor licensing regulations. A memo written by Town Atty. White provided information about HB 10-1284. This pending legislation addresses the creation of a medical marijuana licensing authority in the Colorado Department of Revenue, similar to the liquor licensing authority, which would enact licensing regulations for medical marijuana centers for the cultivation, distribution and sales of medical marijuana. In addition, the Act provides that a medical marijuana center shall be a Colorado non-profit corporation; and sets new rules for prescribing medical marijuana and issuing identification cards. Chief Kufeld reported that he has received numerous inquiries about dispensaries and growing operations, and said that Front Range law enforcement agencies are expending large amounts of time on dispensaries and the inherent crimes RECORD OF PROCEEDINGS Community Development - April 1, 2010 - Page 3 associated with them. He recommends extending the moratorium to provide time to see what regulations the State government may enact. â€¢ Community Development Financial Report. â€¢ Monthly Building Permit Summary - Permits in February were up largely due to the renovation and remodeling taking place at the Safeway store. Dir. Joseph stated that Safeway has an approved development plan for a fueling station at the intersection of Steamer Drive and Highway 34. There being no further business, Trustee Miller adjourned the meeting at 9:16 a.m. Cynthia Deats, Deputy Town Clerk / 7,\ t.\ I, \ <f 41 \\ I':. %.\ I ' 1 I Vx 111 -h--- 13 /7 -\\ \16 1/ S \3 / / TOWN op ESTES PARIÂ© TOWN CLERK Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: April 8, 2010 RE: New Tavern Liquor License Application Filed By CFJM Enterprises Inc. dba TimeOut Sports Grill and Taphouse, 357 E. Elkhorn Avenue. Background: An application for a new Tavern Liquor license was filed with the Town Clerk's office on March 9, 2010 by Scott Joens/President of CFJM Enterprises Inc. This application was sent to the Liquor Division for a concurrent review in order to have the license approved by the state at the same time as the Town. This will enable TimeOut Sports Grill and Taphouse to begin the sale and service of alcohol as soon as possible. All necessary paperwork and fees were submitted. Please see the attached hearing procedure attached for more information. T. I.P.S. training is scheduled to be completed on April 10, 2010. Budget: None. Staff Recommendation: None. Sample Motion: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. Page 1 FINAL COPY - 1/13/10 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of CFJM ENTERPRISES dba TimeOut Sports Grill and Taphouse, for a New Tavern Liquor . License located at 358 E. Elkhorn Avenue. ..... y At this hearing, the Board of Trustees shall consider the facts and evidence determined ds a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application hqp been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 9 2. TOWN CLERK. Will present the application and confirm the following: 0 The application was filed March 9, 2010. m At a meeting of the Board of Trustees on March 23, 2010, the public hearing was set for 7:00 p.m. on Tuesday, April 13, 2010. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 3.73 miles. 2 The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation m The property is zoned CD which allows this type of business as a permitted use. .le 0 The notice of hearing was published on March 26, 2010 E] The premises was posted on March 30, 2010 1 0 There is a police report with regard to the investigation of the applicant. a Status of T. I.P.S. Training: Unscheduled _X_ Scheduled _Completed (Date: ) m There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. 0 The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. 0 The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. m The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. m Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. m Indicate that all evidence presented will be accepted as part of the record. m Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. 0 Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 2 DR 8404 (05/07/09) Page 1 ~ ~ DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION 0 NEW LICENSE E TRANSFER OF OWNERSHIP O LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) LOCAL UCENSE FEE $ 1319.00 Â· APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-370-2165) 1. Applicant is applying as a ~ Individual il Corporation U Limited Uability Company U Partnership (indudes Umited Uability and Husband and Wife Partnerships) U Association or Other 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partnefs names; if corporation, name of corporation Fein Number CFJM Enterprises Inc. = 2a.Trade Name of Establishment (DEW\) State Sales Tax No. Business Telephone TimeOut Sports Grill and Taphouse - 970-215-8953 3. Address of Premises (specify exact location of premises) 358 East Elkhom Ave City County State ZIP Code Estes Park Larimer CO 80517 4. Mailing Address (Number and Street) City or Town State ZIP Code 600 South Saint Vrain, unit 1 Estes Park CO 80517 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State Ucense No. Present Class of License Present Expiration Date Wa rda nia n/a UAB SECTION A NONREFUNDABLE APPLICATION FEES UAB SECnON B(CONT.) UQUOR UCENSE FEES 2300 0 Application Fee for New License ............................... $1,025.00 1985 Z Resort Complex License (City)................................. $500.00 | 2302 0 Application Fee for New License - 1986 Z Resort Complex License (County)............................ $500.00 w/Concurrent Review....................................... $1,125 00 1988 Z Add Related Facility to Resort Complex... $ 75.00 X Total _ 2310 m Application Fee for Transfer...................................... $1,025.00 1990 - Club Ucense (City) ................................... $308.75 1991 - Club Ucense (County) .............................. $308.75 2010 Z Tavem Ucense (City)............................... $500.00 1 *AR SECION B UQUOR UCENSEFEES 2011 _ Tavern License (County) .......................... $500.00 2012 Z Manager Registration - Tavem................. $ 75.00 1905 Â¤ Retail Gaming Tavem License (City)............................ --.- 2020 Z Arts License (City) ... $308.75 1906 [3 Retail Gaming Tavem License (County)....................... $500.00 1940 0 Retail Liquor Store Ucense (City) ................................. $227.50 2021 Z Arts Ucense (County) ............................... $308.75 1941 0 Retail Liquor Store Ucense (County) ....... ................ $312.50 2030 Z Racetrack License (City) .......................... $500.00 2031 Racetrack License (County) ..................... $500.00 1950 0 Liquor Licensed Drugstore (City).................................. $227.50 - 1951 0 Uquor Licensed Drugstore (County) ............................ $312.50 2040 Z Optional Premises License (City) ............. $500.00 2041 Z Optional Premises License (County) ........ $500.00 1960 0 Beer and Wine Ucense (City) ................ ................... $351.25 2045 - Vintners Restaurant License (City) ........... $750.00 1961 0 Beer and Wine License (County) .................................. 1970 0 Hotel and Restaurant Licerise (City) ............................. ~54~~*~ ?94~ - Vintners Restaurant License (County)...... $750.00 1971 Il Hotel and Restaurant License (County) ........................ $50000 2220 _ Add Optional Premises to H&R .............. $100.00 X Total - 1975 U Brew Pub Ucense (City) $750.00 2370 2 Master File Location Fee .......................... $ 25.00 X Total - 1976 0 Brew Pub License (County) $750.00 2375 EL Master File Background............................ $250.00 X _ Total - 1980 U Hotel and Restaurant Ucense w/opt premises (City).... $500.00 1981 0 Hotel and Restaurant Ucense w/opt premises (County) $500.00 1983 gl Manager Registration -H&R ......................... ........ $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg --750 (999) 2180-100 (999) 2190-100 (999) -750 (999) 'llillillillillillitillillillilillilillililiilillilillilih Cash Fund Ne,Â¥ Ucen- Cash Fund Tran,14 Ucer- TOTAL 2300-100 2310-100 (999) (999) $ 1 . 0 DR 8404 (05/07/09) Page 3 6. Is the applicant (induding any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? 00 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? m 0 (b) had an alcohol beverage license suspended or revoked? 00 (c) had interest in another entity that had an alcohol beverage license suspended or revoked? 00 If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. 00 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? 00 10. Has a liquor or beer license ever been issued to the applicant (including any of the parlners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. m 0 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease or other arrangement? El Ownership 0 Lease 0 Other (FÂ¥r"Ain in Detail) 0 0 a. If leased, list name of landlord and tenant and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Mark R 7 5Â¥ â€¢12(rer CFJM Enterprises Inc. 10/31/2013 Attach a diagram and outline or designate the area to be licensed (induding dimensions) which shows the bars, brewery, walls, partitions. entrances, exits and what each room shall be utilized for in this business. This diagram should be no largerthan 81/2' X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (induding persons, firms, partnerships, corporations, limited liability companies). will loan or give money, inventory, furniture or equipment to or for use in this business, or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST n/a Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Ucenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? 00 Number of separate Optional Premises areas reqi les:Arl (See License Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy? COPY MUST BE ATTACHED. 00 15. Club Uquor License applicants answer the following and attach: Yes No (a) Is the applicant organization operated solely for a national, social, fratemal, patriotic, political or athletic purpose and not for pecuniary gain? 00 (b) [s the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the objectof a patriotic or fraternal organization or society, but not for pecuniary gain? m El (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (Three years required) that was operated solely for the reasons stated above? m Il 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: Yes No (a) Has the applicant received or applied for a Federal Permit? Il Il (Copy of permit or application must be attached) Date of Birth 17a. Name of Manager (for all on-premises applicants) Rrnnt FrA,imr (If this is an application for a Hotel, Restaurant or Tavem License, the manager must also submit an Individual History Record (DR 840+1). ~ 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. El O 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest Yes No in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? 00 If yes, provide an explanation and include copies of any payment agreements. DR 8404 (05/07/09) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-1 (Individual History record), and submit finger print cards to their local licensirig authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED* Soott Joens 1730 Devils Gulch Rd,Estes Park, CO 80517 ~ President 25% Steven McFarland 880 Crabapple Ln, Estes Park, CO 80517 ~ Treasurer 25% Heather McCreery 1400 McCreery Ln, Estes Park, CO 80517 I Secretary 25% Brant Frazier 273 Solomon Dr, Estes Park, CO 80517 ~ Vice-Pres. 25% *If total ownership percentage disclosed here does not total 100% applicant must check this box ~ Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity - 0 Com'ORATION 0 Cert. of If=rp. ~ Cert of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP O Partnership Agreement (General or Umited) ~ Husband and Wife partnership (no written agreement) C] LIMITED LIABILITY COMPANY E Articles of Organization El Cert of Authority (if foreign company) E Operating Agrmt E] ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service Scott Joens 600 South Saint Vrain, unit 1, Estes Park, CO 80517 OATH OF APPLICANT I declare under penalty of Perjury in the second.degree thatihik application and all attachments are true, correct, and compl#te to the best of my knowledge. I also acknowlidge that it is my responsibility and the responsibility of my agents and employeds to comply with the provisions of the Colorado Liquor or Beer Code Which affect my license. ... Author Title Date President UREPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) . 1 ; Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1Â» C.R.S. F-<AR-CA 9, 10 16 THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: Yes No That each person required to file DR 8404-1 (Individual History Record) has: O Been fingerprinted 00 O Been subject to background investigation, including NCIC/CCIC check for outstanding warrants............................................................... Â¤ O That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of liCAn.A (Check One) C Date of Inspection or Anticipated Date 0 Upon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. Wedoreponthatsuch license, if granted, will meetthe reasonable requirements ofthe neighborhood andthe desires ofthe adult inhabitants, and will comply with the provisions of Title 12, Artide 46 or 47, C.R.S. THEREFORE, THIS APPUCATION IS APPROVED. Local Licensing Authority for Telephone Number I) TOWN, CITY O COUNTY Signature Title Date Signature (attest) Title Date 610- TOWN or ESTES PARIÂ© Ii.- 1-, k 4_+11; 'fli- March 22,2010 Â·. f'4%44<93: 321 ~minidli*KidÂ©510 mirown Administizffor; Jackie Williamson, Town Clerk El*wn Clerk - ~ .t: Town of Estes Park *9 Â·Â·Â· %942. Estes Park, CO 80517 Ctommunity 44 @evelopment 35* * Planning/Zoning Â·. RE: Timeout Sports Grill and Taphouse - * Building Joens, Scott Randall @Convention & MeFarland, Steven Edward ~ 3*fisitors Bureau Frazier, Brant Lee McCreery, Heather Lin ~Finance ~: RO. Box 1747 Et, 1 Resources *Fire Dear Ms. Williamson: 2Museum Er A check of the Estes Park Police Department local records on the above-named iÂ·200 Fourth St. %09,4 individuals was conducted. There are reports where Scott Joens is named as a .,ilice Witness in a Fraud/Deception case and as an Informant in a Controlled *UP.O. Box 1287 Substance case. Steven Mcfarland is named as and Informant in a Family Problem case. Brant Frazier is named as a Victim in a Burglary case. There are *Dublic Works no other reports for the individuals listed in the system which dates back to *Fleet October 2004. ~ Parks ~;Â·St re ets 4: Sincerely, 2*L. *Senior Center E 220 Fourth St. 4--00~ Utilities Wes Kufeld IT Chief of Police, Estes Park Police Department Light and Power Water 170 MACGREGORAVE. P.O. BOX 1200 | ESTES PARK, CO 80517 | PH. 970-586-5331 I wri w.estes.org TOWN OF ESTES PARIÂ© Memo Community Services Department TO: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Halburnt From: Bo Winslow, Fairgrounds and Events Manager Date: April 13, 2010 RE: Grandstand Naming Rights Information Naming Rights Benefit Package Staff was asked to draft a proposed benefit package for grandstand naming rights. Staff reviewed naming rights information from other Colorado fairgrounds to prepare the draft, and attempted to attach a dollar value to each item. Proposed Grandstand Naming Rights Package per Year â€¢ Rodeo Sponsor (Double Diamond Level) - event flag, arena sign, full-page ad in program, parking pass, announcements during rodeo, seven box seats for all six performances (includes dinner) - $6,000 value â€¢ Advertising on all event posters - $2,000 value â€¢ Advertising at the Sr. Rodeo - $250 value â€¢ Advertising at the Draft Horse Show - $250 value â€¢ One sign on Grandstand - $3,000 value â€¢ Wool Market Sponsor - full-page ad and banner - $1000 value â€¢ Sponsor of Elk Fest - banner $500 value â€¢ Catch the Glow Sponsor: 2 floats with sponsor signs - $1,500 value â€¢ Name exposure to the estimated 85,000 visitors who will attend events at the Fairgrounds in 2010 and the 3 million visitors who will come through Estes Park Total: $14,500 annually in advertising and other perks, plus name exposure. Naming Rights Fee Structure Staff researched an appropriate naming rights fee by reviewing information from other fairgrounds and the naming rights analysis done for the Estes Park Performing Arts Center. Staff recommends a fee structure to recoup approximately 10% of the $2 million construction cost, or $200,000, over a period of from ten to twenty years. Following are potential payment options for naming rights, each totaling $200,000. Number of Years Amount Per Year Total Paid for Naming Rights 10 $20,000 $200,000 15 $13,333 $200,000 20 $10,000 $200,000 25 $8,000 $200,000 Legal Restrictions on Revenues Staff was asked to research whether the Town would be statutorily restricted on the revenue side in entering into a multi-year agreement. Here is attorney White's opinion: Revenue to the Town from naming rights is not subject to any statutory or constitutional restrictions like multi-year fiscal obligations. Revenue from the naming rights would be treated just like all other revenue to the Town. Sponsor Conflict of Interest One potential sponsor is currently a show manager at the Fairgrounds. Attorney White was asked whether that constituted a conflict of interest and how it might be handled in the naming rights agreement. Per attorney White: I see no conflict of interest with regard to naming rights for a show manager for a horse show that currently uses the Stanley Park Fairgrounds. However, any contract on the naming rights should specifically address this issue, including that there is no tie between the horse show contract and the naming rights or reservation of dates. If in return for payment for the naming rights, the show manager wishes to certain other concessions from the Town, those can be addressed in the naming rights contract. - TOWN of ]3~ES PKL Memo Community Services Department TO: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Halburnt From: Bo Winslow, Fairgrounds and Events Manager Date: April 13, 2010 RE: Concession Stand Lease Agreement Background: The lease agreement with the Lions Club for the concession stand at the Fairgrounds at Stanley Park is up for renewal this year. The new lease is similar to the existing lease with the following exceptions: 1) The rent structure has changed. It is now 12% of gross sales, less sales tax, sales tax license fee, food license fee and 3.2% beer license paid to the State and Town. In the past, rent was 15% of the first $50,000 and 10% on any sales over $50,000. 2) There are several changes in the lease to address items that were unclear, as well as a few additions necessary with the new construction. The Town Attorney reviewed the lease and recommends the changes. Budget The rental fees are budgeted revenues in the Events Division budget under account # 222-5500-342.10-70 for $12,000. Recommendation: I recommend approval of the lease agreement with the Lions Club. I recommend this motion be included on the Consent Agenda at the April 13, 2010 Town Board meeting. ORDINANCE NO. 12-10 AN ORDINANCE APPROVING A LEASE AGREEMENT FOR THE CONCESSION STAND AT THE FAIRGROUNDS AT STANLEY PARK TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into a lease agreement with the Lions Club of Estes Park for the concession stand at the Fairgrounds at Stanley Park beginning May 15, 2010 and ending December 31, 2010, and for two consecutive years thereafter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The Lease Agreement for the Concession Stand at the Fairgrounds at Stanley Park between the Town of Estes Park and the Lions Club of Estes Park, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. The officials of the Town of Estes Park are hereby authorized to execute the Lease. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2010. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2010. Town Clerk LEASE THIS LEASE, made and entered into this date of , 2010, between the TOWN OF ESTES PARK, municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows to-wit: SEE EXHIBIT A - The bordered areas on the attached exhibit are for the exclusive use of the Lessee as a food and beverage area ("the Concession Stand") TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Lessee from March 1, 2010 through December 31, 2010, and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, twelve (12%) of the gross sales from the operation of Concession Stand. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all sales of food and beverages from the Concession Stand, less sales tax, sales tax license fee, food license fee, liquor liability insurance and an amount equal to the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 1 St day of December, during the term hereof beginning on March 1, 2010. 2. To keep complete and accurate records of Lessee's operation of the Concession Stand and make them available to the Town of Estes Park upon request. In addition, a table of calculations shall be submitted showing the amount due the Town of Estes Park. A schedule showing gross sales for each event shall also be presented with the lease payment. 3. To be liable for repairs and maintenance of all items identified as property of the Lions Club of Estes Park as set forth in the inventory list (Exhibit B). The Lessor shall be liable for repairs and maintenance of all other equipment on the inventory list identified as property of the Town of Estes Park. In addition, the Lessor agrees to pay for maintenance of the interior and exterior of the building in accordance with structural codes and health standards. For general maintenance, i.e. painting and minor improvements, the Lessor will pay for the materials and the Lessee will provide manpower. All improvement inside and outside Concession Stand shall be approved by Fairgrounds Management. (This includes but is not limited to permanently mounted items, painting, removal of permanently mounted items, general maintenance etc...) 4. To keep the Concession Stand and table areas safe and clean and in such order as may be required by the regulations of any governmental authority. This will include the picnic tables and surrounding area. Lessee shall place all trash and recycle from Concession Stand in rolloff container or recycle area provided by Lessor. 1 4 , 5. Not to alter the structural integrity of the building in any manner, except with the Lessor's written consent. 6. To allow Lessor or its agents to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory of the equipment presently located in the demised premises. Lessee shall keep said inventory current by written notice to Lessor, whenever there are any additions to equipment. Each listing shall designate the ownership by either the Lions Club of Estes Park or The Town of Estes Park. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability and Automobile Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. C. The Lessee and the Lessor understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Town shall be named as an additional insured on said policies. 9. It is agreed by the parties hereto: A. All items on the equipment list owned by the Lessor, all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the demised premises, and said improvements fixtures and equipment shall be insured at the Lessor's expense. B. Lessee shall have the concession for the sale of all food and drink, for the Grandstand Area and for the blacktop in front on the Stanley Park Grandstand Area as described on Exhibit "A" attached hereto and incorporated herein by reference during the term of this Lease. The Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit "A". Fundraising events conducted in the Grandstand area described in Exhibit "A" will be allowed and Lessee will be notified of event in advance. C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with 3 weeks notice. Lessor will provide the Lessee a schedule of events for the season at least three weeks prior to the start of the first event of the season. Changes that effect the operation of the Concession Stand or require the services of the Lessee will be presented to the Lessee and jointly the two parties will negotiate whether the Lessee can handle the situation or event. Lessee will contact each show manager or renter of the grounds a minimum of 3 weeks prior to show to determine hours of operation and discuss any other special needs. Lessee shall provide Lessor hours and needs discussed with show manager. For events that have 2 other food concessions, hours of operation can be negotiated with the Fairgrounds Director. D. Lessor will negotiate a beverage contract. Lessee will be required to work with beverage company selling and stocking only beverages provided by that company. If product is not available through said beverage supplier, Fairgrounds Director will be notified and authorization to purchase from other supplier may be granted. E. In the event of a default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said ten (10) day period, the non- defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages or terminate the Lease. Damages shall include all reasonable attorney's fees and court costs incurred by the non-defaulting party. F. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. G. Lessee may operate the Concession Stand other than at events scheduled at Stanley Park Fairgrounds by the Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events covered by this specific paragraph five percent (5%) of the gross sales from the operation of this Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food and beverage from the Concession Stand exclusive of sales taxes. 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and anv employee. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: LESSOR LESSEE Town of Estes Park Lions Club of Estes Park, CO Attn: Fairgrounds Director P. O. Box 2016 P. O. Box 1967 Estes Park, CO 80517 Estes Park, CO 80517 12. At the time of the effective date of this Lease, March 1, 2010, the Lessor was constructing the Grandstands including the Concession Stand. The right of the Lessee to occupy the leased premises and conduct its business shall be contingent upon the Town completing the construction of the Grandstand Project and the Concession Stand. Lessee understands and specifically agrees that possession of the leased premises may not occur until at least June 14, 2010 and may, in fact, not occur until substantially after said date. Lessor agrees to keep Lessee informed of the progress and the construction of the Grandstand Project and the Concession Stand. Lessee specifically waives any cause of action against the Town or any claim, damage or 3 right arising out of the Town's inability to provide Lessee with access to and use of all or a portion of the demise premises during the term of this Lease Agreement. Lessee shall have no obligation under the terms and conditions of this Lease until Lessor grants to Lessee the right to access and occupy the leased premises. Said notice shall be in writing and signed by the Fairgrounds Director. 13. Lessee shall not have the right to rent, sublease or grant concessions to any third party for all or a portion of the demised premises without the expressed written consent of the Lessor. 14. Upon termination of this Lease, Lessee shall be entitled to remove all of its personal property from the Concession Stand if the same can be removed without damage to Lessor's property. 15. Lessor shall be responsible for payment of all utilities used on the premises. 16. Upon satisfactory review of each operating season, the parties agree to renew this Lease for 2011 and 2012 under the existing terms and conditions specified in the 2010 Lease. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. LESSOR TOWN of ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk LESSEE LIONS CLUB OF ESTES PARK, COLORADO By: President ATTEST: Secretary 4 I . TOWN oF ESTES PAR]* Memo Community Services Department To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bo Winslow, Fairgrounds and Events Manager Date: April 13, 2010 RE: Surprise Sidewalk Sale Background: The Surprise Sidewalk Sale has become a much-anticipated shoulder-season event in Estes Park that has typically been conducted in the fall. In 2009, a group asked Town Board to also have a sale in the spring. Recently, a group of downtown merchants have expressed an interest in conducting this spring sale again on May 1St and 2nd 2010. The Surprise Sidewalk Sale is open to all Estes Park businesses, even if they are not located in the downtown area. Advertising is ready to go for this event and will be out to the public as soon as possible. Due to Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the C-D Zoning District), it is necessary for the Town Board to approve a variance to allow this sale to occur. The proposed resolution is attached. Budget It is expected to cost approximately $200 in printing fees for posters. This is an unbudgeted expense for the Events Department in account 222-5500-455.26-03. Recommendation: I recommend approval of the Spring Sidewalk Sale to the Town Board, to be included as an Action Item at the April 13, 2010, Town Board meeting. I . RESOLUTION NO. 07-10 WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the C-D Zoning District, Number (3) Exceptions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sidewalk Sale Days" being sponsored by the Events Department that is scheduled May 1 and 2, 2010: 1. Hours of operation shall be from 9 a.m. - 5:30 p.m. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their stores only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays shall provide a minimum clearance of four feet for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting the Events Department at 586-6104. 8. Advertising posters will be provided. 9. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this Surprise Sidewalk Sale Days annual event. DATED this day of ,2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 4 . TOWN oF ESTES PARK Administration TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: 4/8/2010 RE: Grandstand Additional Funding Background: The approved budget for the Grandstand project is $2,171,000 and current expenditures total $1,329,072 leaving a balance of $841,928 to complete the project. Given that projected costs to complete the project total $1,142,038 the approved budget is short by $300,110. Reasons for these overages to the project are related to design changes, unanticipated extra costs related to utilities and needed change orders to address these issues. The unanticipated additional expenses that affect the approved budget are: 1) Additional demolition costs $ 36,334 2) Additional Architecture fee $104,679 3) General contractor change orders $123,521 Total $264,534 These changes to the cost of the project do not include the following items yet to be completed: 1) outstanding change order requests totaling $ 8,613 2) outstanding architect fees totaling $ 21,000 3) outstanding legal fees totaling approximately $ 10,000 4) outstanding water line fee $ 45,000 5) water tap fees $115,425 6) outstanding VIP chairs $ 30,000 7) outstanding sound system $ 60,000 8) landscaping $ 60,000 9) concession stand tenet finish work $ 50,000 Total $400,038 4 . At the March 17, 2010 EPURA regular meeting, the EPURA board was asked to commit all of its remaining funds to the grandstand project to offset these overages, which they approved. The estimated amount EPURA has to contribute to cover these overages is approximately $100,000. Staff is requesting additional funding ($200,000) from the Town Board to complete this project. Budget: Community Reinvestment Fund #204 $200,000 Staff Recommendation: Staff recommends providing additional funding to the grandstand project to meet current project overruns not to exceed an amount of $200,000. Sample Motion: I move to approve/deny additional funding to the grandstand project in the amount of $200,000. 1 $ Chapter 2.12 Mayor: Policy statements for the duties of the Mayor. Experience indicates Duties ofthe Mayor vary from time to time. Best practices at the time of adoption of this policy (April 2010) indicate the mayor's duties include, but are not limited to: 1. Representation: a. Being the primary representative of the Town of Estes Park in official and ceremonial functions. b. Representing the Town in interaction with other government agencies. c. Being spokesperson for the Town unless the Town Board has decided otherwise. d. Representing the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. e. Represents the Town on the Platt River Power Authority Board. 2. Presiding: a. Presiding at all Town Board meetings and establishing procedures for the conduct of those meetings in accordance with rules, policies and ordinances adopted by the Town of Estes Park. b. Presiding over work sessions, study sessions, inter-agency meetings (i.e. Planning Commission/Town Board meetings) conducted to discuss the policies and issues of the Town. c. Presiding over the evaluation of the Town Administrator by the Town Board. 3. Enactment: a. Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. b. Signs all warrants (see section 2.12.020) c. Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing. d. Mayor with, Town Board approval, appoints members of committees, commissions and other entities that may be necessary from time to time for the effective governance of the Town. e. Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 4. Mayor Pro Tem shall assume all duties of the Mayor in his or her absence in accordance with Section 2.16.010 ofthe Municipal Code . 1 These practices are subject to change as boards change over time. They should be reviewed periodically to insure that they are still timely and in conformance with state statutes. . Chapter 2.04 Board of Trustees Sections 31-4-301 through 306 of the Colorado Revised Statutes do not specify duties ofthe Board of Trustees. Section 31-4-301(1) C.R.S. provides in part that "The legislative and corporate authority of towns shall be vested in a board of trustees, consisting of one mayor and six trustees,..." Policy Statement: Experience indicates the duties of the Trustees vary from time to time. Best practices at the time of the adoption of this policy (April 2010) indicate the Trustees' duties and responsibilities include but are not limited to: 1. Representation: a. Representing and acting in the best interest of Citizens of the Town of Estes Park. b. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens' concerns. c. Serving as a conduit for information from citizens to the Town Administrator in responding to questions and- individual problems. d. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. e. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 2. Legislative: a. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. b. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. c. Establishing policy for the direction of the Town Board and Town Staff. d. Establishing budget goals, financial targets and fiscal policy for the Town Government. e. Having final decision making responsibilities over land use issues and application of development code requirements within the Town of Estes Park. 3. Quasi-Judicial: a. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. b. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted duringyegularly scheduled Town Board meetings. c. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 4. Communications: a. Following a formal decision, acting as a united body, not as individual Trustees, and honoring the decision of the Town Board. b. Communicating with Town Staff through the Town Administrator for the purpose of information gathering, problem solving and answering constituent concerns. This is the sole point of contact between the Trustees as policy makers and Administration as management. c. Interacting with the media, governmental entities, the public or other bodies as individuals and not as a representative for the Board of Trustees unless an official position or legislative action has been established or authorized to do so. d. Communicating to the Mayor and other Board members items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions.