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