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HomeMy WebLinkAboutMINUTES Town Board 2012-03-27Town of Estes Park, Larimer County, Colorado, March 27, 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 27' day of March, 2012. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tenn Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller 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. SWEARING IN OF SERGEANT SWALLOW. Town Clerk Williamson performed a swearing in ceremony for Sergeant Swallow. GRADUATION CEREMONY: 2012 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Pinkham, Public Information Officer Rusch and Interim Town Administrator Richardson - Present Participation Certificates to the following class members: Rebecca Bailey Judi Cunningham Jen Imber Daniel Kirkpatrick Alice Reuman Kathy Sherrod Bob Balint Shelley Davis Lexy Jacobson Ray Nieder Pete Sumey Ann Finley Kim Comstock Thomas Gootz Susie Parker Pamela Seaver Diana Van Der Ploeg Pat Nelson Mayor Pinkham called a 10 minute break for a public reception at 7:12 p.m. and reconvened at 7:22 p.m. PUBLIC COMMENTS Charley Dickey/Town citizen recommend the Board hold future Study Sessions in the Town Board Room and televise the proceeding. With the termination of the MOU with SOPA, he suggested the funds set aside for the performing art theater be used for improving the Town's road system. Jim Cope/Town citizen stated a grant request has been written and submitted for $40,000 for 24 new recycling bins through CML. The Town now has 13 recycling bins and 125 trash cans. He stated the goal is to have a recycling bin next to each trash can in town. The grant would also provide recycling education through the League of Women Voters. Fred Mares/Town citizen thanked the Board for the transition in Town government resulting in improved citizen confidence and renewed citizen interest in local government with improved budget processes, town services, strides in planning, accountability and transparency. He requested the Board continue these efforts by postponing the ADU discussion to a date after April 10th to provide citizens the time to review and comment on the proposed code amendments. Board of Trustees — March 27, 2012 — Page 2 TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Miller reminded the public the Pride Award nomination deadline is March 31st. Trustee Koenig encouraged the electorate to vote in the upcoming Municipal Election on April 3, 2012. Trustee Ericson stated the Larimer County Open Space Board has small grants for community partnering available up to $2,000 per project per year for a total of $20,000 annually. Sales tax revenues for the County have exceeded budget and additional funds of $1.5 million have been made available for additional acquisition of open space. Trustee Blackhurst thanked staff for the recent efforts in conducting the interview process for the Town Administrator. He stated the Housing Authority continues to move forward with the formal separation of the Pines condominiums into two subdivisions. Mayor Pinkham also thanked staff for the efforts on the Town Administrator search and thanked the community members and staff for their time and efforts related to the interview panels. A special Town Board meeting would be held on April 4, 2012 at 1:00 p.m. in the Board Room to consider a contract for the Town Administrator with Frank Lancaster. TOWN ADMINISTRATOR REPORT. • On April 30th, the ISO would conduct an assessment of the Town's fire rating, measuring the ability to manage and respond to fire, water system, and dispatching. The Town's current rating is 4 out of 10 with 1 being the best rating. The ratings do affect property insurance rates for a number of residents. • CDOT has begun the improvements to Mall Road with the addition of a left turn lane off of Hwy 34 onto Mall Road. • SOPA submitted a letter terminating the MOU agreement with the Town for a performing art theater located on Town property located on the Fairgrounds effective April 12, 2012 per the MOU agreement. • CDOW is responsible for managing wildlife within the Estes Valley including town limits. Town staff does not manage wildlife except when assisting the CDOW with an injured animal. The Town has not and has no plans to regulate wildlife populations with in Town limits. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 13, 2012, Town Board Study Session Minutes dated March 13, 2012 and Special Town Board Minutes dated March 5, 2012. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works Committee, March 8, 2012. 4. Estes Valley Planning Commission Minutes dated February 21, 2012 (acknowledgement only). It was moved and seconded (Levine/Miller) to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR ITEMS: Board of Trustees — March 27, 2012 — Page 3 1. NEW TAVERN APPLICATION FILED BY HILLSIDE BURGER INC. DBA HILLSIDE BURGER, 205 VIRGINIA DRIVE FOR A TAVERN LICENSE. Town Clerk Williamson presented the application stating all required paperwork and fees were submitted. Velia Regalado/co-owner was present, stating she has owned a liquor license establishment in the past and takes the serving of liquor seriously. Mayor Pro Tem Levine reminded the applicant they are the first line of defense and not the Police department. It was moved and seconded (Blackhurst/Miller) to approve the New Application filed by Hillside Burger Inc. dba Hillside Burger for a Tavern liquor license at 205 Virginia Drive, and it passed unanimously. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. REPORT ITEMS: a. Amending the Estes Valley Development Code as it relates to Accessory Dwelling Units. Public hearing scheduled for April 10, 2012. Director Chilcott stated on March 22, 2012 the Planning Commission approved recommendation for amendments to the Estes Valley Development Code related to Accessory Dwelling Units (ADU) for consideration by the Town Board and County Commission. The Planning Commission has been considering amendments to the code since 2008. Extensive public comment has been received on the issue ranging from support by entities such as the Housing Authority to provide additional affordable housing options to property owners requesting the units not be allowed in single-family zoned districts. The final recommendations from the Planning Commission include allowing attached and detached ADUs, no minimum lot size for attached units, 1 acre minimum for detached units, no Planning Commission review for new ADUs, no architectural controls, require a land use affidavit, no short-term rentals and long term rentals only to one household. Justin Drake/County citizen stated concern with the limitation placed on their property as it relates to the rental of an ADU used by their family since the 1920s as a short term vacation rental, and requested the Board reconsider limiting the use of the property. Charley Dickey/Town citizen stated the enforcement of the rentals to ADUs would be difficult and how and what jurisdiction would enforce the rentals. The Board would hold the public hearing to consider the code amendments on April 10, 2012. 4. ACTION ITEMS: 1. BOARD OF ADJUSTMENT APPOINTMENTS. Director Chilcott stated a formal application and interview process to fill two positions on the Board of Adjustment was conducted. The interview team recommended the reappointment of Wayne Newsom, current Board member, and the appointment of Jeff Moreau, current alternate member, for 3-year terms expiring on February 28, 2015. It was moved and seconded (Blackhurst/Levine) to approve the appointments of Wayne Newsom and Jeff Moreau for 3-year terms on the Board of Adjustment expiring on February 28, 2015, and it passed unanimously. 2. CREATIVE SIGN DESIGN REVIEW BOARD APPOINTMENTS. Board of Trustees — March 27, 2012 — Page 4 Director Chilcott stated a formal application and interview process to fill two positions on the Creative Sign Design Review Board was conducted. The interview team recommended the reappointment of Diane Muno, current Board member for a 3-year term expiring on March 1, 2015. The second applicant decided not to pursue appointment to the Board, therefore, staff would advertise for the position. It was moved and seconded (Koenig/Miller) to approve the reappointment of Diane Muno for a 3-year term on the Creative Sign Design Review Board expiring March 1, 2015, and it passed unanimously. 3. ESTES PARK HOUSING AUTHORITY BOARD APPOINTMENTS. Director Kurelja requested the reappointment of Jack Dinsmoor to the Housing Authority for a 5-year term expiring on April 11, 2017. Trustee Elrod stated concern with the requested reappointment because Town practices if advertising and interviewing for the position were not completed. Trustee Blackhurst commented the Housing Authority currently has an additional position open on the Board which has been advertised with no applications filed to date. Mr. Dinsmoor has continued to be a valuable member of the Board and would request the Board consider reappointment. After further discussion, it was moved and seconded (Blackhurst/Miller) to approve the reappointment of Jack Dinsmoor for a 5-year term on the Estes Park Housing Authority expiring April 11, 2017, and the motion failed with Trustees Elrod, Ericson, Koenig and Mayor Pro Tem Levine voting "No". 4. VOLUNTEER MANUAL. Director Kilsdonk presented a volunteer manual for the management of the more than 500 volunteers that contribute more than 50,000 hours to assist the Town annually. A draft manual was presented to the Board during a Town Board Study Session on October 11, 2011. The overall goals of the manual are to provide clear expectations for volunteers and staff, a basis for volunteer orientation and training, and a way to manage liability for both the volunteers and the Town. The manual was updated to address recommendations from the Board during the previous Study Session. Board discussion followed with regard to Town employees volunteering for Town sponsored events such as the rodeo; the manual should be reviewed in 12 months from the date of adoption; concern with impact on volunteers; document contains too much information and may not be read by a volunteer; key points should be highlighted or an appendix created for quick reference; the document protects both the Town and the volunteers; and all affected volunteer groups should review the document and comment before adoption. Attorney White addressed the employee issue stating FSLA regulations require the Town to pay employees working as volunteers at Town events for similar work conducted. Monitoring volunteer work of employees would be difficult and stated the policy would address potential liability. Jim Cope/Town citizen suggested placing a short description at the beginning of the document to help the volunteers understand the manual. Sandy Osterman/Town citizen and Ambassador President stated volunteers can read the portions of the document that apply to them. She stated the Ambassadors are aware of the handbook. She suggests maintaining a list of all volunteer groups because they volunteer to a number of groups. Amended motion, it was moved and seconded (Elrod/Ericson) to seek comments from the volunteer groups impacted and delay consideration of the manual for a month, the motion passed unanimously. Board of Trustees — March 27, 2012 — Page 5 It was moved and seconded (Blackhurst/Levine) to approve the volunteer manual and a review of the manual and its impact in April 2013, the motion died with the approval of the amended motion. 5. VIRGINIA DRIVE, PARK LANE AND MACGREGOR AVENUE REHABILITATION PROJECT CONSTRUCTION CONTRACT. Director Zurn stated and RFP was issued on March 2, 2012 for the project and two bids were received from Coulson Excavating, $1.014 million and Connell Resources, $1.037 million. After bid opening on March 20`h, staff completed a review of the submitted documents and found the Coulson Excavation bid to be complete. The contract requires the improvements be completed and accepted by staff before Memorial Day. Staff recommends a standard 10% contingency be added to the contract. The contract was reviewed and Trustee Miller suggested Article 2 reference a position by title and not a specific employee name. After further discussion, it was moved and seconded (Blackhurst/Ericson) to approve the contract with Coulson Excavating for the Virginia Drive, Park Lane, MacGregor Avenue and Steamer Drive Rehabilitation Project at a cost not to exceed $1,115,468 which includes a 10% contingency, and it passed unanimously. 6. WIRELESS SERVICE AGREEMENT FOR FAIRGROUNDS. Manager Winslow stated many of the users of the fairgrounds have requested wireless service access for the purpose of conducting business, communicate with clients, check email, access forms, rules and regulations related to show or the rodeo, provide amenity available at other facilities, problem solving, download veterinary research on procedures and exams, and order processing by vendors. Staff contacted three local companies, including Airbits, Baja Broadband, and Rocky Mountain Data Availability Services (RMDAS), to provide a bid for wireless internet services at the fairgrounds. RMDAS was the only vendor capable of meeting the requirements providing 45 mbps with over 100 mbps planned in the future, coverage of the entire property, faster symmetric service, maintain and own the equipment and support with priority support during town events. Customers using the service would be charged a fee ranging from $1.95 for 2 hours to $19.95 a month. Vendors and Town costs would be $19.95 per day. Staff recommends approval of a pilot wireless internet access agreement with RMDAS for one year with an option to renew for five years. Trustee Miller stated section 6.11 As -Built Drawings should clarify ownership of the drawings. It was moved and seconded (Blackhurst/Miller) to approve a contract with Rocky Mountain Data Availability Services to provide wireless internet access available on the Fairgrounds property, and it passed unanimously. 7. ONLINE SPECIAL EVENT TICKET SALES. Manager Winslow stated staff has been reviewing ways to improve customer service through high -quality services such as online ticket sales. After researching other local venues, staff contacted four venders (Imagitix, Diamond Tickets, Thundertix and Regtix) and selected Thundertix, a web - based company requiring no additional software. All transactions would be conducted through a secure site by the third party vendor. The base fee rather than per ticket fee would be $5,250 for up to 15,000 tickets per year, or $.35 per ticket. Additional costs include the purchase of equipment to process and scan the tickets at an estimated cost of $1,200. Staff recommends a $2.00 handling fee per ticket to cover credit card fees, system fee and equipment costs. After further discussion, it was moved and seconded (Blackhurst/Ericson) to approve online ticketing of special events through Thundertix including the purchase of equipment and approval to charge a $2.00 per ticket handling fee as outlined above, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:46 p.m. Board ofTrustees — March 27.2U12—Page 6 UiamC.Pinkham.Mayor Ja6koWilliamson, Town Clerk \]