HomeMy WebLinkAboutMINUTES Town Board 2010-04-13Town of Estes Park, Larimer County, Colorado, April 13, 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 13`h day of April, 2010. Meeting called to
order by Mayor Pro Tem Levine.
Present:
Also Present:
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: Mayor Pinkham
Mayor Pro Tem Levine called the meeting to order at 7:00 p.m. and all desiring to do
so, recited the Pledge of Allegiance.
PROCLAMATION — 22nd Annual Estes Park Duck Race — May 1, 2010.
Mayor Pro Tem Levine read a proclamation designating May 1, 2010, as the 22nd
Annual Duck Race Day in Estes Park and acknowledged representatives of the Noon
Rotary Club who were present.
PUBLIC COMMENT.
Cheryl Grigsby, Town resident and owner of Rocky Mountain Memories, expressed
appreciation to the Trustees for the assistance the Town provided to business owners
impacted by the Park Theater fire in offering a credit for Community Development fees.
Stan Gengler, Director of the Estes Valley Recreation and Park District (EVRPD),
stated that the district, in partnership with the Town, has received a GoCo grant in the
amount of $450,000 to help finance the continuation of the Fish Creek Trail and
thanked the Trustees for their commitment to trail development. The grant will enable
a continuation of the Fish Creek Trail from Scott Avenue to the Homer Rouse trail with
construction potentially beginning this fall.
TOWN BOARD COMMENTS.
Trustee Homeier thanked the citizens of Estes Park for putting their confidence in him
as their representative for the past five years and thanked his family for supporting his
participation on the Board of Trustees.
Trustee Miller said that following a meeting with Sharon Seeley and others, an
extension of the Riverwalk through the Park Theater Mall property may be possible by
Memorial Day. In addition, he requested that staff provide follow-up information related
to the availability of economic development grants.
Trustee Eisenlauer expressed thanks for the opportunity to represent the community for
the past four years and congratulated the newly elected board members. She
encouraged the Trustees to move forward with the multi -purpose event center at
Stanley Park Fairgrounds stating that the time is economically right to proceed.
Board of Trustees — April 13, 2010 — Page 2
Trustee Ericson said it has been a privilege to have served with Trustees Eisenlauer
and Homeier and thanked them for the guidance they provided him over the past two
years.
Trustee Blackhurst thanked Trustees Eisenlauer and Homeier for their unselfish
service to the community. He expressed appreciation to all the voters who participated
in the election process and said he looks forward to another four years of service; and
reminded the public of the Estes Park Housing Authority meeting scheduled for
Wednesday, April 14th.
Mayor Pro Tem Levine expressed his hopes for a safe prom and after -prom for all
Estes Park High School students who will be attending the events this coming
Saturday, April 171h. He also expressed appreciation to Trustees Eisenlauer and
Homeier, stating it has been a privilege and an honor to serve with them.
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 Fairgrounds, September 24-26,
2010.
2. Grandstands Sound System - $18,625 Ford Audio -Video.
It was moved and seconded (Eisenlauer/Miller) the Consent Agenda be approved,
and it passed unanimously.
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 stated that an application for a new liquor license was
filed with the Clerk's office on March 9`h, with all paperwork completed, fees
paid, and posting requirements fulfilled; and reported that two of the partners
had completed TIPS training on Saturday, April 10, 2010. Mayor Pro Tem
Levine opened the public hearing with Trustee Blackhurst recusing himself
from further discussion due to a conflict of interest. The applicants were in
attendance at the meeting and addressed the Board. Scott Joens and Brant
Frazier expressed their commitment to providing good food, good service, and
a good atmosphere at their new establishment and stated that they are aware
of their responsibility and obligation to comply with all liquor laws. Trustee
Miller said the Board takes liquor licensing seriously and expects the liquor
license holder and their staff to be the first line of liquor license law
enforcement. As there was no public comment, Mayor Pro Tem Levine closed
the public hearing. It was moved and seconded (Ericson/Eisenlauer) that a
new tavern liquor license be granted to CFJM Enterprises, Inc., and it
passed unanimously with Trustee Blackhurst abstaining from the vote.
3. REPORTS AND DISCUSSION ITEMS:
1. GRANDSTANDS NAMING RIGHTS.
Board of Trustees — April 13, 2010 — Page 3
A draft of a benefit package for naming rights for the Grandstands was
prepared by staff with information gathered from other Colorado fairgrounds
and through a review of the naming rights analysis which was done for the
Estes Park Performing Arts Center. By assigning a value to the sponsorship of
each event, a proposed fee structure to recoup approximately 10% of the
grandstands construction cost, or $200,000, over a period of from ten to 20
years, is as follows:
Number of Years Amount Per Year
10
15
20
25
$20,000
$13,333
$10,000
$ 8,000
Total Paid for Naming Rights
$200,000
$200,000
$200,000
$200,000
The Trustees discussed the schedule suggesting that as the years go up, the
amount of money recouped increases. They commended Mgr. Winslow for
bringing forward the initial naming rights concept and requested that staff
continue with its development and research the naming rights market.
2. TOWN ADMINISTRATOR REPORT.
Reception — The Town is hosting a reception to honor outgoing Trustees
Eisenlauer and Homeier and welcome Trustees -Elect Blackhurst, Elrod, and
Koenig on Wednesday, April 21, 2010, from 4 till 6 p.m. in the Town Hall
Atrium.
Volunteer Recognition — The Volunteer Recognition Luncheon will be held at
the Stanley Hotel on Friday, April 23, 2010. The Town hosts this annual event
to show appreciation to those who have volunteered for the Town in the past
calendar year. The winners of the Estes Park Pride Awards will also be
announced at the luncheon.
4. ACTION ITEMS:
1. ORDINANCE #12-10 LEASE AGREEMENT FOR THE GRANDSTANDS
CONCESSIONS.
The lease agreement with the Lions Club for the concession stand at the
Fairgrounds at Stanley Park is up for renewal. The new lease is similar to the
previous lease with the following exceptions:
1. The rent structure will be 12% of gross sales, less sales tax, sales tax
license fee, food license fee, and 3.2% beer license paid to the State and
the Town.
2. Changes recommended by Atty. White to address items that were unclear
or necessary due to the new construction.
An equipment list is being compiled and will be available once all the
equipment is in place in the concession stand. The lease is being approved by
ordinance since the term of the lease exceeds one year; Attorney White read
Ordinance #12-10 into the record. As a member of the Lions Club, Trustee
Homeier recused himself due to a conflict of interest. It was moved and
seconded (Blackhurst/Ericson) to approve Ordinance #12-10, and it passed
unanimously with Trustee Homeier abstaining from the vote.
2. RESOLUTION #07-10 SURPRISE SIDEWALK SALE.
The Surprise Sidewalk Sale has become a much anticipated shoulder season
event in Estes Park, traditionally held in the fall. Subsequent to a Sidewalk
Sale held in the spring of 2009, a group of merchants expressed interest in
conducting a sale on May 1 and 2, 2010, in conjunction with the Duck Race.
The sidewalk sale is open to all Estes Park businesses regardless of their
location. Businesses not located in the downtown area can reserve space in
Board of Trustees — April 13, 2010 — Page 4
Bond Park for the event by making arrangements through the Special Events
Department. Due to provisions contained in the Municipal Code and the Estes
Valley Development Code, the Town Board must approve a variance to allow
this sale to occur. Mgr. Winslow stated that a minimal time commitment from
Special Events staff is required during this event and that care will be taken to
ensure the sidewalks remain passable at all times. It was moved and
seconded (Miller/Blackhurst) to approve Resolution #07-10, and it passed
unanimously.
3. GRANDSTANDS ADDITIONAL FUNDING.
The approved budget for the Grandstands Project is $2.171 million. Current
expenditures total $1,329,072 and the projected costs to complete the project
total $1,142,038 creating a shortage of $300,110. The overages to the project
are related to design changes, hazardous material mitigation, unanticipated
costs related to utilities and subsequent change orders. Expenses incurred
and paid at the beginning of the Grandstands Project, resulted in EPURA's
financial condition being overstated by approximately $146,000 at the October
2, 2009, joint meeting between EPURA and the Town Board. At its regular
meeting held March 17, 2010, the EPURA Board committed all of its remaining
funds, approximately $100,000, to the Grandstands Project. A commitment of
additional funding not to exceed $200,000 from the Community Reinvestment
Fund is being requested to meet the Grandstands Project overruns.
Discussion is summarized: the request is based on estimates, not actual
costs; propose approval of $100,000 now until actual costs are known; project
contingency has already been expended; contractor pay applications are
received monthly, miscellaneous billing is not on defined billing cycle; staff has
negotiated approximately $235,000 in change orders costs down to $125,000;
obligation to fully fund current signed change orders; and any unspent money
can be returned to the Community Reinvestment Fund.
Ray Blum, Taylor Kohrs representative, clarified for the Trustees that the
contractor, Taylor Kohrs, has not been the cause of the project cost overruns.
It was moved and seconded (Homeier/Eisenlauer) to approve additional
funding for the Grandstands Project in an amount not to exceed $200,000
from the Community Reinvestment Fund, and it passed. Those voting "Yes"
Trustees Blackhurst, Eisenlauer, Homeier, and Miller. Those voting " No"
Trustee Ericson.
4. MAYOR AND TRUSTEE JOB DESCRIPTIONS.
A review of the Municipal Code related to the roles and responsibilities of
public officials was initiated in December 2009. As there were no governing
statutes dealing with the topic, Atty. White, Town Administrator Halburnt,
Mayor Pro Tem Levine, and Trustee Blackhurst, examined the practices of the
board over the past several years and, compiling information from Chapter
Two of the Municipal Code, the Code of Conduct, and with input from the
remainder of the Board, put together a policy statement describing duties and
roles of the mayor and trustees. The document addresses representation,
presiding, enactment, legislative, quasi-judicial, and communication functions
and represents a snapshot of practices of the current Board. The practices are
subject to change by boards in the future and should be reviewed periodically
to ensure they are timely and conform to state statute. Discussion followed
and is summarized: this is a policy statement of the existing board as to how
to interact with one another, the public, and administration, and not part of the
Municipal Code; outlines major responsibilities and duties to help guide boards
in the future and attempts to show the public the types of interaction the Board
has with the public, each other, and administration; details legislative, quasi-
Board of Trustees — April 13, 2010 — Page 5
judicial and communication procedures; good document for newly elected
officials who have not previously been involved in government; helps those
new to the board to understand the process for communication; the board
works through the channels of administration; helps to refine and define
processes for the general public, as well as newly elected officials, and is a
guideline for sitting board members; outlines the expectations of the Town
Board as a whole for individual trustees and the mayor; and it is important for
the Town Board to act as a whole in regard to the responsibilities of
individuals.
Discussion continued with comments specific to language contained within the
policy statement and the mayor's role as liaison with administration. Trustee
Homeier suggested delaying approval of the policy statement until input can be
received from the trustees -elect. Trustee -Elect Elrod concurred that it would
helpful to be involved in further discussion of this matter. Consequently, the
item was tabled with action postponed until after the new board is seated on
April 27, 2010, and the topic will be included on the agenda for the May 3,
2010 Town Board Work Session.
Whereupon Mayor Pro Tem Levine adjourned the meeting at 9:06 p.m.
Chuck Levine, Mayor Pro Tem
Cy`nthj Deats, Deputy Town Clerk