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HomeMy WebLinkAboutMINUTES Town Board 2012-04-24Town of Estes Park, Larimer County, Colorado, April 24, 2012 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 24th day of April, 2012. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Trustee Elect Ron Norris Trustee Elect John Phipps Greg White, Town Attorney Lowell Richardson, Interim Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS Tony Schetzsle/Town citizen and Longs Peak Rotary member thanked the sponsors of the After Prom program including the Estes Valley Sunrise Rotary, Bank of Colorado, US Bank, Poppy's and Mama Roses and the Town of Estes Park. He thanked the Trustees for their service to the community. Charley Dickey/Town citizen and Estes Valley Partners for Commerce (EVPC) Board member requested EVPC be placed on the first Town Board meeting of each month in order to provide an update on their efforts and to allow a discussion with the Town Board. He stated the Estes Valley job fair was a success and a number of businesses hired employees during the event. He said the Economic Development Council of Colorado's Spring Conference will be held at the Stanley Hotel April 25-27, 2012. Lindsay Lamson/Estes Area Lodging Association member stated he attended the recent public hearing for the RTA applications and thanked the Town and other local citizens for attending the hearing. Joanna Darden/Town citizen thanked the outgoing Trustees Levine and Miller for their service to the community. Mrs. Darden read a prepared letter in opposition to the Elkhorn Project, stating the project is risky and speculative. She requested the Board not take action on the item should the RTA application be approved. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst stated the Estes Park Housing Authority has received four applications for two openings on the Board and would be holding interviews within the week. Trustee Ericson commented the Open Lands Small Program grants are available for small community projects to be funded in 2013, and he encouraged community groups including HOAs to apply. The county would hold a public open house on Friday, May 4th from 5:00 to 8:00 p.m. to discuss the proposed hunting management plan at Hermit Park. Board of Trustees — April 24, 2012 — Page 2 Trustee Koenig stated the Town and the Western Heritage Inc. (Rooftop Rodeo Committee) continue to work on an MOU. She thanked both Trustees Levine and Miller for their service, passion and hard work during their terms. Trustee Miller stated the Visit Estes Park (LMD) has begun work on their 2013 marketing plan. Mayor Pinkham commented on the group of Estes Park school students that addressed the commission in Denver stating support for the Town's RTA application. He stated a question and answer session with the commission would be held on May 3`d. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 10, 2012 and Study Session Minutes dated April 10, 2012. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, April 12, 2012: 1. Allenspark Circuit Upgrade, Selcon Utility, $418,002.50 — Budgeted. 2. Water Conservation Plan. 3. GIS Consulting Contract with InVision GIS, LLC. 4. Estes Valley Planning Commission Minutes, March 22, 2012 (acknowledgement only). It was moved and seconded (Levine/Miller) to approve the Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: 1. VOLUNTEER MANUAL. Director Kilsdonk stated at the March 27, 2012 the Board requested staff solicit comments from the volunteer groups impacted by the manual. Staff received feedback from a number of the groups including volunteer groups with formal agreements with the Town, standing committees and boards, and a few Town staff members. The following is a summary of the concerns: the applicability of the manual to Town Board appointed volunteers on standing committees and boards such as independent districts, LMD and the Housing Authority; Waiver and Indemnification should not be required of every volunteer and many do not want to release the Town from liability if they are injured performing their volunteer function, and should not be required of groups that carry their own insurance; Volunteers for Affiliated Agencies versus Town Volunteers — should volunteers who work for a non-profit be included and what terms, conditions and rules should apply to a non-profit; Background checks should not be required of all volunteers, perhaps sensitive positions; Town Employee as Volunteers do the requirements allow for employees to volunteer for organizations receiving community service grants, run for special district board positions, can volunteers work seasonal positions in another department, and the manual does not allow Town employees to provide a valuable service to the Town and the community through volunteering; and document length was an issue for a number of the volunteer groups. Board of Trustees — April 24, 2012 — Page 3 Board comments were heard and are summarized: Trustee Koenig thanked staff for providing a detailed report of the input and she questioned the Town's exposure. Trustee Miller requested the policy be tabled for 12 months to allow the new Town Administrator to provided input and receive additional input from the volunteer groups. He expressed concern the Town may lose volunteers if they are required to sign the liability and indemnification document. He also stated private non -profits that benefit from Town funding should not be included in the manual. Trustee Elrod agrees the document needs additional work to address concerns, should be reviewed by the new Town Administrator, and requested the liability and indemnification document be reworded and reviewed with CIRSA to confirm the document would be required. Trustee Blackhurst requested staff meet with concerned Board members to address issues and bring the policy back for consideration this summer. Attorney White stated the policy manual would protect the volunteers and the Town. A Town employee volunteering creates the greatest risk to the Town due to FSLA regulations as it relates to the Town's exposure. Staff would begin an extensive training process with each of the groups affect once the policy has been approved with an implementation date of July 1st. Trustee Blackhurst requested a report on the affects of the policy 12 months from implementation in order for the Board to review the impact and effectiveness of the policy. After further discussion, it was moved and seconded (Blackhurst/Levine) to table the volunteer manual for 60 days to allow staff to review the concerns and report back to the Town Board on the progress in July, the motion passed with Trustee Miller voting "No". 2. APRIL 3, 2012 ELECTION REPORT. Town Clerk Williamson reviewed the Official April 3rd Election Report: FOR MAYOR: Total Votes Cast BILL PINKHAM* RICHARD HOMEIER 1181 643 FOR TRUSTEE: Total Votes Cast MIKE WILLIAMS 575 JERRY MILLER 785 JOHN PHIPPS * 798 CHARLEY DICKEY 576 RON NORRIS* 1035 JOHN ERICSON* 923 TOTAL BALLOTS CAST = 1,894 "Elected to 4-yr. terms Total Active Registered Voters = 3,495 Total Registered Voters = 4,495 Percentage Turnout = 54.2% for active = 42.1% for all voters Board of Trustees — April 24, 2012 — Page 4 The two ballot questions failed and therefore the Town would continue to publish ordinances, bills and contracts in a local paper. As all invoices have not yet been received, the Election Expense Report will be distributed to the Town Board in the near future. ACKNOWLEDGEMENT OF MAYOR PRO TEM LEVINE & TRUSTEE MILLER. Mayor Pinkham presented Mayor Pro Tem Levine and Trustee Miller with a Town Plaque commemorating their service to the community, and "Resolutions of Respect" honoring their active participation on the goals and achievements of the Board of Trustees during their terms of office as Trustee. Concluding the presentation, Mayor Pinkham announced a recess at 8:09 p.m. for a reception. Mayor Pinkham reconvened the meeting at 8:29 p.m. 3. SWEARING -IN CEREMONY FOR NEWLY -ELECTED MAYOR AND TRUSTEES. Municipal Judge Brown conducted a Swearing -In Ceremony for newly elected Mayor William (Bill) Pinkham and Trustees John Ericson, Ron Norris and John Phipps. 4. MAYOR PRO TEM. Mayor Pinkham reviewed the Municipal Code which states at the Board's first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one of the Trustees as Mayor Pro Tem. He stated traditionally the Mayor has made a recommendation to the Board for their consideration. The Mayor apologized to the Town Board for a recent error in proving Trustee Blackhurst name to the Economic Development Council as the Mayor Pro Tem and stated it was not an attempt to preempt the Board's decision. Trustee Elrod thanked the Mayor for pointing out the error and stated he communicated his concern to the Mayor on naming a Mayor Pro Tem to an outside entity prior to the Board taking action. Trustee Elrod requested all interested in serving as the Mayor Pro Tem to come forward, and both Trustee Blackhurst and Ericson expressed an interest. A discussion ensued regarding the both Trustee Blackhurst and Ericson's interest, ability to serve and time commitment required. Both expressed an interest and ability to serve; however, Trustee Blackhurst stated the time commitment may be an issue because of his need to work 40 to 60 hours a week. He has communicated to the Mayor that he would make himself available to the best of his ability. Trustee Ericson did not foresee any issue with the time commitment. Attorney White confirmed the Mayor Pro Tem would fulfill the Mayoral role when the Mayor was not available; however, he would continue to be a part of the quorum. The Mayor Pro Tem would not vote when acting as Mayor as has been the practice of the Town. If the Mayoral seat was vacated the Mayor Pro Tem would not automatically fill the position. It was moved (Elrod) to elect Trustee Ericson as Mayor Pro Tem, and the motion failed due to a lack of a second. Public comment included Charley Dickey/Town citizen thanking the Board for the discussion. Johanna Darden/Town citizen stated concern with the discussion and disturbed the Mayor would decide on a Mayor Pro Tem when the Board should make the decision. Bob Winslow/Town citizen stated Trustee Blackhurst would serve the Town Board well and stated the Mayor should have a say in who he works with. It was moved and seconded (Koenig/Phipps) to elect Trustee Blackhurst as Mayor Pro Tem, and it passed with Trustee Blackhurst abstaining. Board of Trustees — April 24, 2012 — Page 5 5. APPOINTMENTS. Mayor Pinkham. 1. Standing Committees Community Development/Community Services Committee Trustee Ericson, Chair Trustee Elrod Trustee Norris Utilities, Public Works & Public Safety Committee Trustee Blackhurst, Chair Trustee Koenig Trustee Phipps The Town Board acknowledged the appointments made by Mayor Pinkham to the Town's standing committees. 2. Special Committees Audit Committee Mayor Pinkham Trustee Ericson Town Administrator Lancaster Assistant Town Administrator Richardson Town Treasurer/Finance Officer McFarland It was moved and seconded (Blackhurst/Norris) to approve the appointments to the Audit Committee as listed, and it passed unanimously. Tree Board Trustee Ericson, 4/16 It was moved and seconded (Blackhurst/Elrod) to approve the appointment of Trustee Ericson to the Tree Board, and it passed unanimously. 3. Town Officers Lowell Richardson, Assistant Town Administrator Jackie Williamson, Town Clerk Cynthia Deats, Deputy Town Clerk Gregory A. White, Town Attorney John P. Frey, Assistant Town Attorney Steve McFarland, Town Treasurer/Town Clerk Pro Tem Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge Trustee Ericson requested the Assistant Attorney attend any meetings in which Attorney White would not be available. It was moved and seconded (Koenig/Norris) to approve the appointments of Town Officers as listed, and it passed unanimously. 4. Town Administrator Frank Lancaster, Town Administrator It was moved and seconded (Koenig/Blackhurst) to approve the appointment of Frank Lancaster as Town Administrator, and it passed unanimously. 5. Liaison Positions Board of Trustees — April 24, 2012 — Page 6 Estes Park Western Heritage, Inc. (Rooftop Rodeo) Liaison — Trustee Koenig Estes Valley Planning Commission Liaison, Trustee Elrod Local Marketing District Committee Liaison, Trustee Norris Sister Cities Liaison, Trustee Koenig It was moved and seconded (Blackhurst/Ericson) to approve the liaison appointments as listed, and it passed with Trustee Koenig abstaining. 6. Miscellaneous Appointments North Front Range Water Quality Planning Association Superintendent Boles Platte River Power Authority Board of Directors Mayor Pinkham, 4/16 Director Bergsten, 12/15 Windy Gap Attorney White Superintendent Boles, Alternate Larimer County Open Lands Advisory Board Trustee Phipps, 4/16 Larimer Emergency Telephone Authority Board Chief Kufeld, 12/14 It was moved and seconded (Koenig/Blackhurst) to approve the miscellaneous appointments as listed, and it passed with Trustee Phipps abstaining. Pursuant to the provisions of Section 2.4.030 of the Municipal Code, the Town Attorney shall be compensated in accordance with a Fee Schedule approved by the Board of Trustees. Attorney White stated he bills at a rate of $160/hour and does not bill for travel time to the Town for meetings, consultations, or other related business matters. He does bill for travel time for Town business where the destination is not the Town. It was moved and seconded (Elrod/Phipps) to approve Town Attorney fee schedule as outlined, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS. 1. TRANSPORTATION VISIONING COMMITTEE FINAL REPORT. Jerry Miller/Co-Chair and Trustee John Ericson/Co-Chair presented the Town Board with the final report developed by a 17 member committee appointed by the Board in October 2010. The committee was tasked with developing a vision for the Estes Park's transportation system 20 years in the future. Trustee Ericson provided a presentation outlining the goals, vision, methodology and findings of the committee including: 1) The goal is to provide a better experience for visitors and provide a roadmap of realistic, cost- effective actions for the Town to address traffic and parking concerns. 2) The vision is to provide a comprehensive plan that incorporates a way for the people to be able to safely navigate the Estes Valley with adequate parking and minimal congestion, provide a convenient shuttle system, reduce year- round pollution, preserve the character and natural beauty of the community. 3) Methodology included the creation of a knowledge base, a public process and form work groups (Information Distribution, Parking, Shuttles and Public Transportation, and Roads) to review information in-depth. 4) Findings Board of Trustees — April 24, 2012 — Page 7 included the need to inform people where to park and what parking spaces are available, inform people about the shuttle system, and direct people to their specific destinations; to keep traffic moving, parking must be easy to locate, readily available, and convenient to desired amenities; short term (1-5 years) considerations could include physical sign changes, convert to electronic means when possible, upgrade shuttle vehicles, consider a downtown trolley, enhance shuttle routes to focus on attractions, specific destinations (RMNP/YMCA) and enhance schedules, improve signage to parking, support Transportation Hub at Visitor Center, implement "Smart Technology", provide incentives for employees to use shuttles, seasonally close Big Horn between Cleave and Elkhorn, redirect US 36 traffic to West Riverside, modify traffic signal times where appropriate, redirect US 34 onto Wonderview, install bicycle racks at public facilities, expand bicycle/walk paths and consider seasonal one-way option; mid term (5-15 years) considerations could include change US 34 to Wonderview only, consider roundabout at Moraine/Crags/West Riverside intersection, continue implementing improvements, continue to upgrade using new technologies; long term (15-30 years) considerations could include US 34 and US 36 re -designation, make downtown more pedestrian and bicycle -friendly, provide additional parking as needed, continue shuttle enhancements, and continue implementing new technologies. The report provides a multi -faceted roadmap for future capital expenditures, recommends best solutions, suggests implementation of ideas that reduce congestion and pollution without impacting our natural beauty and character, and the report should be a working document for Town and County staffs and future Boards. The Committee would recommend the establishment of an ongoing Citizen Advisory Committee to work with the Town and Larimer County staffs, continue to implement new concepts and technologies, and keep an eye focused on a continual, cost-effective improvement process. Trustee Elrod questioned if the Committee discussed the selling of Town parking lots to a private entrepreneur to build parking garages. Mr. Miller stated paid parking was discussed to incentivize the use of the transportation hub and future parking garage, and therefore increasing the use of the shuttle system. Mayor Pinkham presented Certificates of Appreciation to each of the Committee members and thanked them all for their service to the community. It was moved and seconded (Norris/Blackhurst) to extend the meeting to no later than 10:30 p.m. 2. ROTARY READING AREA REPORT. Interim Town Administrator Richardson stated the noon Rotary has been developing a community service project in conjunction with the National Rotary Conference to be held at the YMCA in June of 2012. Staff has been working with the committee to develop an outdoor reading area to be utilized by the Library. The area to be developed is located behind Town Hall outside the Engineering offices next to the Library and would not require a development plan or building permits. The area would be maintained by the Town once completed. Tom Anderson/Rotary Committee member stated the project has been named the "No Child Left Inside". He reviewed the concept drawing stating the current landscaping and irrigation would remain; however, the area would be leveled, new landscaping rock, concrete wall, perennials and sod would be added. The work would be completed by a local contractor as well as Rotarians with the project to start immediately and completed on June 8th. The area would primarily be used by the Librarians but could be utilized by anyone. Board of Trustees — April 24, 2012 — Page 8 Johanna Darden/Town citizen stated concern with children running into the parking lot. Mr. Anderson stated the area would have two entrances/exits with landscaping and retaining walls to keep children contained within the area. 4. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: a. SPECIAL REVIEW 2012-01, HOSPITAL ADDITION, 555 PROSPECT AVENUE, ESTES PARK MEDICAL CENTER, Rob Austin, CEO/Applicant. Director Chilcott stated the request is to build a new 23-space employee parking lot west of the Estes Park Medical Center. This would free up parking spaces closer to the Medical Center for customer use. Construction requires the demolition of a small housing unit. Trustee Blackhurst stated concern with the loss of a housing unit for a parking lot, and stated the hospital should consider its own housing needs. It was moved and seconded (Elrod/Norris) to approved Special Review 2012-01 subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. b. SPECIAL REVIEW 2012-02, COLORADO CARRIAGE & WAGON/Jim Rice, Owner — Provide carriages rides in downtown area. Continued to May 8, 2012. c. SPECIAL REVIEW 2012-03, HEARTS & TAILS CARRIAGE COMPANY/Jerry Higgason, Owner — Provide carriages rides in downtown area. Continued to May 8, 2012. It was moved and seconded (Koenig/Elrod) to continue Items 4.1.b and 4.1.c, to the May 8, 2012 Town Board meeting, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 1O. 8 p.m. William C. Pinkham, Mayor Jadt Williamson, Town Clerk