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Home My WebLink AboutMINUTES Town Board 2012-02-28Town of Estes Park, Larimer County, Colorado, February 28, 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 28th day of February, 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 Greg White, Town Attorney Lowell Richardson, Assistant 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 LIFE. Town Clerk Williamson performed a swearing in ceremony for Sergeant Rick Life. PUBLIC COMMENTS Bob Berman/Town citizen stated dissatisfaction with the current plan review process which does not take into account view corridors. He proposed development plans be reviewed to take into account views and view easements and the code be amended to address such issues with any changes being applied to ongoing development issues. Johanna Darden/Town citizen commented the financial reports supplied to the State by Elkhorn Project Inc. were inaccurate and requested the Board review the issue. Frank Theis/ Elkhorn Project Inc. responded stating the discrepancy in the reporting was related to the amount raised versus the amount estimated to be raised. He informed the Board two public hearing were held recently and were well attended and suggested an additional meeting be held at Town Hall to answer questions regarding the project. A presentation would be provided to the Economic Development Committee on March 8`h and the State would hold two public comment hearings scheduled for April 10th and April 23rd. A final decision on the RTA applications continues to be May 18`h. The Elkhorn Lodge property owner has extended the contract to purchase the property due to the delays by the State. John Guffey/Town citizen and a group of Eagle Rock students presented discussion on a number of topics including sustainability through environmental, social and economic awareness, Eagle Rock student's availability to help the community with projects such as participating in the Elementary School carnival and the Art Festival, and addressing issues such as the Lily Lake dam reconstruction project. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst responded to an editorial in the Trail Gazette questioning the Town's intent to limit the public's access to full and timely public information through two proposed ballot questions on the April 3rd ballot. He stated the questions ask the voters to approve the publishing of ordinance by title with the full text of the ordinance Board of Trustees — February 28, 2012 — Page 2 available on the Town's website shortly after approval, thereby making information available quicker. The measures would reduce cost and increase services to the citizen. He urged the voters to vote "yes" on the two ballot questions. Trustee Elrod stated the Estes Valley Planning Commission continues to develop recommendations on ADUs for the Town Board and County Commission to evaluate. An additional public meeting would be held during the March meeting. Trustee Ericson commented the Audit Committee met to discuss an update to the annual investment portfolio. The audit for 2012 would begin in April in preparation of the annual CAFR. The TVC continues to meet to discuss the final report. He reminded the public the last day to register for the upcoming Municipal Election is March 5th for the April 3rd election. Trustee Koenig informed the Board the Rodeo Committee approved the new Western Heritage structure eliminating the Town's annual approval of the committee members. Trustee Miller stated the Shuttle Committee would meet to finalize the recommendations coming forward to the Board on March 13th. The Pride Award nominations would be available through the month of March with applications available in Town Hall or online. TOWN ADMINISTRATOR REPORT. • Interim Administrator Richardson stated he attended the recent Partners for Commerce annual dinner where the group began discussion on the economic redevelopment of Estes Park. • Sergeant Jim Kenney has submitted his resignation. A going away party would be held at the Museum on Friday, March 9th beginning at 4:00 p.m. He thanked Sergeant Kenney for his service to the community. • Staff would begin the process of developing an MOU with the Western Heritage volunteer group. • A number of the Trustees have been issued (Pads with the intent to issue them to all members of the board to reduce costs in the future. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 14, 2012, Town Board Study Session Minutes dated February 14, 2012. 2. Bills. 3. Committee Minutes — None. 4. Estes Valley Planning Commission Minutes dated January 17, 2012 (acknowledgement only). 5. Resolution # 03-12 — Schedule public hearing date of March 27, 2012 for a New Tavern Liquor License Application filed by The Hillside Burger Inc. dba Hillside Burger, 205 Virginia Drive. It was moved and seconded (Levine/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: Board of Trustees — February 28, 2012 — Page 3 A. AMENDED CONDOMINIUM MAP, RIVERSPOINTE DOWNTOWN CONDOMINIUMS, UNIT 2B; 111 Wiest Drive; Riverspointe Downtown Lofts, LLC/Applicant. B. AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID LOTS, GRAND ESTATES ADDITION; 1258 & 1260 Big Thompson Avenue; Wallace & Laurine Burke/Applicant. Marcia Logan/Town citizen requested Item 2.1.B be removed from the Consent Agenda. It was moved and seconded (Blackhurst/Miller) to approve the Consent Agenda Item 2.1.A, subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. ACTION ITEM: AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID LOTS, GRAND ESTATES ADDITION; 1258 & 1260 Big Thompson Avenue; Wallace & Laurine Burke/Applicant. Marcia Logan/Town citizen commented on the process stating the public notice for the project did not include a number of the Ranch Meadow properties because of the large right-of-way and the link to the website was very difficult to navigate. She stated the citizens should have more input on the development processes in the valley. It was moved and seconded (Levine/Blackhurst) to approve the Consent Agenda Item 2.1.B subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 3. ACTION ITEMS: 1. ORDINANCE #02-12 — AMEND SECTION 2.04.050 QUORUM. Attorney White stated the proposed Ordinance would provide the Mayor not be counted for the purpose of determining a quorum for the transaction of business by the Board of Trustees. This would also remove the possibility of two members of the Board approving an action items with only three members of the Board and the Mayor constituting a quorum of the Board. This would also require 4 of the 6 Trustees to be present at a meeting to meet the quorum requirement. Attorney White read the Ordinance #02-12 into the record. It was moved and seconded (Ericson/Miller) to approve Ordinance #02-12, and it passed unanimously. 2. RENEWAL OF AND AMENDMENT TO INVESTMENT ADVISORY AGREEMENT WITH CUTWATER INVESTOR SERVICES CORP. Finance Officer McFarland stated the Town's Investment contract with Cutwater was approved in 2011 for a three-year period, renewable annually. Cutwater is requesting approval of the renewal as well as four amendments to the original contract including 1) Cutwater would not be liable to the Town for any act or omission of any broker or dealer selected by Cutwater in good faith; 2) Cutwater would like to include the Town as a reference for RFP's; 3) Cutwater is seeking to provide disclosure information as required by law, as well as other documents, to the Town in the form of email; and 4) Cutwater has changed its address. The Board discussed whether Section 9 rather than Section 4 should be amended to address Item 1. Staff would discuss the issue with Cutwater prior to executing the agreement. It was moved and seconded (Blackhurst/Ericson) to approve the renewal and amendment to the investment advisory agreement with Cutwater Investor Services Corp., and it passed unanimously. 4. STAFF REPORTS AND DISCUSSION ITEMS: 1. REMODEL AND UPGRADE OF DISPATCH COMMUNICATION CENTER. Sergeant Kenney presented a review of the current upgrades to the dispatch center including network cabling cleanup, installation of new console furniture, and Next Generation 911 capable telephone equipment installation. The Board of Trustees — February 28, 2012 — Page 4 projects are being funded by LETA. The new technology allows each center the ability to pick up calls for any other center that becomes overwhelmed. 2. 4TH QUARTER SALES TAX. Finance Officer McFarland presented the 4th quarter and annual sales tax report for 2011 stating collections reached a record level of $7.422 million, 6% ahead of 2010 and 2011 budget. Annualized sales tax has been improving since May 2010 at a rate of 5.93%. The larger categories increased including lodging 9%, food 6% and retail 4%. He stated the summer season continues to increase and is greater than 10 years ago. Sales tax revenues are more than double 20 years ago and significantly more than 10 years ago. Whereupon Mayor Pinkham adjourned the meeting at 8:45 p. illiam C. Pinkham, Mayor Jackie Williamson, Town Clerk