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HomeMy WebLinkAboutMINUTES Town Board 2012-10-09Town of Estes Park, Larimer County, Colorado, October 9, 2012 Minutes of m Regular meeting of the Board of Tivataoe of the Town of Estes Park' Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the G"day of October, 2012. Meeting called toorder byMayor Pinkhenn. Present: Also Present: VViUiann C. Pinkhann' K4ayo, ErioB|aokhurot, Mayor Pro Tern Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps LovvoU Richardson, Assistant Town Administrator Greg White, Town Attorney Cynthia Doata' Deputy Town Clerk Absent: Frank Lancaster, Town Administrator Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. SWEARING IN OFOFFICER R|CMAROS. Chief Kufeld, introduced Officer Corey Richards who joined the force in October 2011. Town Clerk Williamson conducted aformal eweahng'inceremony. EMPLOYEE AWARDS. Chief Kufo|d presented official commendations and honors to members of the Police Department in recognition of their oodono during the Woodland Heights Fire. Dispatchers Jan Carpenter, Susan Pemey. and Julie Sullivan each received commendations; and Officers Twigg and Richards received Medals of Valor. Commander Rose presented an award to ChiefKufa|d for exceptional, pnofoaaonu|. and life-saving efforts displayed when responding to o motor vehicle accident while off - duty on May 24, 2012. PUBLIC COMMENTS. None TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson reported that fo!!owina a Request for Proposal (RFP) pmnoso and review of applications, o recommendation foran auditing firm will be brought forward to the Town Board on October 23rc! He noted 'Ehatdue to scheduling conflicts and the upcoming holidays, the Community Development / Community Services Committee meetings for {)otober. November, and Ducemborwi|| be held unthe third Thursday of the month. Trustee Phipps attended the September meeting of the Lahmer County Open Land Advisory Board and stated a regional meeting will be held in November, Mayor Pm Tom 0ookhunst noted that the Estes Park Housing Authority (EPHA) meeting was postponed to Wednesday, October 17. 2012. and reported that during a nuoont housing nonferenoo. EPHA staff took part in a design ohanettu related to the development of property located near Good Samaritan. He announced that the Public Safety, Uh|i<ios, Public Works (PUP) Committee meeting will be held on Thursday, October 11.2012� Board ofTrustees — October S\2U12—Page 2 Trustee Koenig said recommendation letters for Community Service Grants for 2013 have been mai|ed, and thanked Public VVodm staff on behalf of residents in her neighborhood for addressing a traffic -related issue. Trustee Norris reported that the Economic Development Task Force is currently defining factors orbua| to the success ofeconomic development in the Estes Valley. He also recently attended a meeting of the Estes Valley Investment in Childhood Success (EV|C3) and the Early Childhood Council ofLahmer County where o lack of childcare services inthe Estes Valley was discussed. Mayor Pinkham provided anupdate onthe Fern Lake Fire which was reported at2p.m. onTuesday, October 0th The fire ioestimated tobe300acres insize and ioburning in steap, forested terrain. Rooky Mountain National Park personnel are on nnono with additional personnel and air support enroute. TOWN ADMINISTRATOR REPORT. ° Cornerstone Construction has started repairs to MacGregor Avenue. The project is a few days behind scheduled due to utility locates that are uunnrt|y being performed, howmver, the contractor is confident the nohodu|m can be met and repairs will bucompleted intime for the Catch the Glow weekend. ° Representatives ofJohnson Conau|dngv�||beinE��enPark onO�obar24mand 25m and will meet with various community stakeholders aathey gather data for the yNPECpro forma. w Staff has been working with the L[ND in conjunction with their branding efforts and the 2013Operating Plan. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 25. 2012 and Town Board Study Session Minutes dated September 25.2812. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services, September 27.2U12� 4. Eaten Valley Board of Adjustment Minutes dated August 7. 2012 (acknowledgement only). It was moved and seconded (8|aokhurut/Nonis)tm approve the Consent Agenda Items, and itpassed unanimously. 2. LIQUOR LICENSE ITEMS: 1.NEW LIQUOR LICENSE—ESTBTAQUEFIALLCOBA PEPPERS K8EX|CAN GRILL, 401E.E0KHORNAVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson reviewed an application for a new Hotel and Restaurant liquor license for EataaTequohe. LLC dba Peppers Mexican Grill, located at 401 E. Elkhorn Avenue. All required paperwork and fees were received by the Clerk's office on August 31. 2012. and the application was submitted to the Colorado Department of Revenue, Liquor Enforcement Division for concurrent review. Mayor Pm Tom 8|achhurst stated that the licensee is the primary enforcer ofthe Colorado liquor code and encouraged the scheduling of TIPS training for employees as soon as possible. He said the licensee must ensure that all liquor rules and regulations are being followed at the establishment. It was moved and seconded (B|aukhurst/Koenig) to approve the new Hotel and Restaurant Liquor License for Peppers Mexican Grill, and i1passed unanimously. Board of Trustees — October 9, 2012 — Page 3 2. LIQUOR STIPULATION AGREEMENT FOR GALEX LLC DBA CHELITOS MEXICAN RESTAURANT. Town Clerk Williamson reviewed violations to the liquor code that occurred at Chelito's Mexican Restaurant including purchasing more than the authorized amount of alcohol from a retail liquor store, failing to retain evidence of these purchases, and allowing an individual other than the licensee to exercise the privileges of the liquor license, which occurred January through November 2011; and sale to a minor which occurred on July 20, 2012. Following the July 2012 violation, the licensee and the restaurant staff all completed a TIPS training class on August 6, 2012. Licensee Erika Santana and her husband, accompanied by their Attorney Greg Coffman, met with Town Clerk Williamson, Town Attomey White, and Chief Kufeld to discuss a stipulation agreement related to the violations. Based on guidelines adopted by the Town Board in 1999, staff presented a 51-day suspension of the liquor license with the recommendation that a 17-day suspension be served with the remaining 34 days held in abeyance for one year. The 17-day suspension would begin at 12:01 a.m. on October 22, 2012, and end at midnight on November 7, 2012. In addition, the licensee must submit paperwork to the Clerk's office within 30 days of execution of the stipulation agreement to license a manager for the restaurant. The agreement also states that permanent employees will be TIPS trained within six months of employment. Trustee Elrod questioned the timing of the suspension and proposed it be served during the summer of 2013 when it would have a greater impact. Town Clerk Williamson said that the Board could amend the dates of the suspension but that staff recommends the suspension occur as soon as possible. Police Department personnel will conduct compliance checks during the suspension period. It was moved and seconded (Phipps/Blackhurst) to approve the Stipulation Agreement for Chelito's Mexican Restaurant as outlined, including the Findings and Order of Suspension, and it passed unanimously. 3. ACTION ITEMS: 1. HALLOWEEN ROAD CLOSURE. Coordinator Winslow recommended a road closure to accommodate trick or treating activities in the downtown area on Halloween evening. The closure will take place from 4 p.m. till approximately 9 p.m. on October 31st, and will close Elkhorn Avenue to traffic from Spruce Drive to Riverside Drive. In addition, single lane closures allowing pedestrian traffic only on the north and south sides of Elkhorn Avenue from Riverside Drive to the intersection at Highways 34 and 36 will also be implemented. It was moved and seconded (Ericson/Koenig) to approve the 2012 Halloween road closure for Elkhorn Avenue, and it passed unanimously. 2. POLICE DEPARTMENT LOBBY REMODEL CONSTRUCTION CONTRACT. Funding for the Police Department Lobby Remodel was approved by the Town Board in August 2012. Monies will be taken from the Community Reinvestment Fund which include funds that were not expended from the Police Department budget due to a savings in personnel costs during the first half of 2012. Bids received for the architectural elements of the project are as follows: Firm Name Cornerstone Construction Concepts Growling Bear Co., Inc. Westover Construction, Inc. Bid Amount $112,867 $108,443 $104,650 Staff negotiated with low bidder, Westover Construction, Inc., for the exclusion of built-in office components that were in the original plan, to an adjusted cost of $102,375, for a total of $112,613, when including a 10% contingency. The balance of the $140,000 project budget will be utilized for office fumiture. The Board of Trustees — October 9, 2012 — Page 4 contractor expects to complete the project by the end of 2012. It was moved and seconded (Koenig/Phipps) to approve the contract with Westover Construction, Inc., for the remodel of the Police Department lobby at a not to exceed cost of $112,613 from the Community Reinvestment Fund, and it passed unanimously. 3. ADDITIONAL FUNDING FOR 2012 CRACK SEAL PROJECT. A Town -wide crack seal project is underway. 80,000 pounds of sealant material was originally estimated to be an adequate quantity to complete the project, however, due to the severity, width, and depth of the cracks, additional material is needed to complete the project. Based on the amount used so far and the remaining streets to be repaired, an estimated 65,000 pounds of additional material costing $80,000, is required. Staff noted that not having a crack seal program over the past 20 years has allowed the road conditions to deteriorate. Implementing a systematic biennial crack seal program in the future would result in a maintenance expense estimated at $100,000 every two years and keep the roads from degrading to the current level. Trustee Elrod voiced concern that the contractor's original bid was inaccurate. Director Zurn reiterated that the condition of the roads presented a significantly bigger problem than first anticipated. The Trustees concurred with the importance of maintaining the Town's roads and it was moved and seconded (Norris/Koenig) to approve $80,000 in additional funding for the 2012 crack seal project and increasing the contract with A-1 Chipseal Co. to $199,040 from Account #101-3100-431-35-51, and it passed unanimously. 4. 2013 TOWN BOARD OBJECTIVES. Following discussions over the past few weeks, the Town Board finalized objectives for 2013 at the study session held on September 25`h. Mayor Pinkham explained the distinction between objectives and goals noting that objectives define strategies or implementation steps used to reach goals, and said that objectives are specific, measureable, and have a completion date. Mayor Pinkham said it is appropriate to adopt the objectives at this time in order to provide direction to staff throughout the budgeting process and match the budget to the objectives. He said the objectives can be modified to fit the budget at a later date if all the objectives cannot be accomplished from a budget standpoint. Trustee Ericson suggested having the objectives be included in the meeting materials for the budget public hearing in November. It was moved and seconded (Koenig/Norris) to approve the Town Board 2013 Objectives, and it passed unanimously. 4. REPORT AND DISCUSSION ITEMS: 1. WAPA POWER LINE RELOCATION COMMENTS. Trustee Norris attended public meetings related to potential upgrades and routing of power lines by the Western Area Power Administration (WAPA). An environmental impact statement is being developed and public input is being taken related to the pros and cons of proposed routes and the visual impact of the power lines and poles. Public comment is being accepted through October 19, 2012, and can be submitted online at RMR estesflatironeisCNwapa.gov or by calling WAPA. Alternative routes will be developed and there will be opportunities to provide additional public comment in the second quarter of 2013. Whereupon Mayor Pinkham adjourned the meeting at 8;1'8 p.m. 6 William C. Pinkham, Mayor Cynthi4 Deats, Deputy Town Clerk