HomeMy WebLinkAboutMINUTES Town Board 2012-02-14Town of Estes Park, Larimer County, Colorado, February 14, 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 14th day of February, 2012. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
Absent:
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
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENT.
A group of Estes Park High School students presented a petition signed by students in
support of the Elkhorn Project.
Elizabeth Fogarty/County citizen and Winterfest organizer thanked the Town Board for
their participation and attendance during this year's event. She also thanked town staff
and other local Associations for their support. The event continues to grow each year
and even filled Barn W this year. She and others would support a new event center at
the fairgrounds and encouraged the Board to maximize the size of such a building.
Johanna Darden/Town citizen stated she attended the neighborhood meeting for the
Elkhorn Project where neighbors voiced concern with privacy, noise and property
values. There were also concerns with what would be done to the property, employee
housing bringing an unwanted lifestyle to town, cars parking in the neighborhood, and
noise violations that would not be addressed by the Town. She stated the overall
sentiment of the neighbors would be for the Town not to fund the project.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Blackhurst thanked the snowplow crews for the snow removal efforts this year.
The Housing Authority continues to move forward to divide the Pine Condominiums into
two subdivisions, affordable housing and senior housing on separate lots, to help with
financing the market rate units. He reminded the nonprofits in town to apply for the
grants offered by Ride the Rockies in the amount of $5,000 and encouraged the
nonprofits to be involved in the event.
Trustee Ericson commented on the next Municipal Election taking place on Tuesday,
April 3, 2012 to elect three Trustees and the Mayor seat. He stated the election would
be an all -mail ballot election, last day to register March 5th, petitions for candidacy are
due March 2nd and ballots would be mailed on March 12`h.
Mayor Pro Tem Levine thanked Kellsie Purdy for representing Estes Park during her
reign as Ms. Rodeo Colorado and for being an ambassador of the community.
Trustee Koenig informed the public the Sister Cities committee would not meet this
month. She too thanked Kellsie Purdy.
Board of Trustees — February 14, 2012 — Page 2
Trustee Miller stated the Local Marketing District would now be known as Visit Estes
Park moving forward. The LMD Board received updates from RMNP focused on Ride
the Rockies and the Ecoblitz sponsored by National Geographic, strategic branding,
and approval of strategic marketing plan for 2012/2013 at their recent meeting. The
Shuttle Committee would meet to discuss the timing and the routes for the year after
taking a ride to see how proposed new routes may work and what issues may arise. A
final recommendation would come forward to the March 13th Town Board meeting.
TOWN ADMINISTRATOR REPORT.
Interim Administrator Richardson provided an update on the RTA application stating the
Office of Economic Development sent a letter to the county for comment. The
applicants would provide a presentation to the State to address any concerns raised on
March 8th at 2:20 p.m. in Denver with Mayor Pinkham, Frank Theis and Todd Jirsa to
present.
Other items include a presentation on the CAMP scheduled for February 28th would be
moved and a new date would be announced and lights down Elkhorn Avenue would
remain until the end of the week to allow photography by the LMD.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 24, 2012 and Town Board Study Session
Minutes dated January 24, 2012.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee, January 26,
2012.
B. Public Safety, Utilities and Public Works, February 9, 2012.
1. Reassignment of contract with The Engineering Company (TEC) to
Farnsworth Engineering.
2. Bond Park Phase V Design Consultant, Chroma Design - $43,873,
Budgeted.
4. Estes Park Tree Board Minutes dated November 18, 2011 & December 16,
2011.
Johanna Darden/Town citizen requested the Community Development/Community
Services Committee minutes be removed from the Consent Agenda and added as an
Action Item. It was moved and seconded (Levine/Koenig) to approve the Consent
Agenda items I, 2, 3.B.1, 3B.2 and 4, and it passed unanimously.
Consent Agenda Item 3.A. Community Development/Community Services
Committee minutes January 26, 2012 — Johanna Darden/Town citizen requested the
Board open discussion on her definition of open space. Trustee Blackhurst stated
point of order. The only item up for discussion were the committee minutes and not an
item discussed at the committee meeting. It was moved and seconded
(Blackhurst/Miller) to approve the Consent Agenda item 3.A, and it passed
unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP — FROM REBECCA, INC. DBA FAMOUS
EASTSIDE FOOD STORE TO SERINA LLC DBA FAMOUS EASTSIDE FOOD
STORE, 381 S. SAINT VRAIN AVENUE. Town Clerk Williamson presented
Board of Trustees — February 14, 2012 — Page 3
the application stating all required paperwork and fees had been submitted
and a temporary license was issued. The owner was present and confirmed
the manager Alicia Escobar has completed T.I.P.S. training and he too would
be completing the training. Mayor Pro Tem Levine encouraged anyone selling
alcohol complete the training because the Town takes the selling of alcohol to
minors very seriously. It was moved and seconded (Blackhurst/Miller) to
approve the Transfer Application filed by Serina LLC, dba Famous
Eastside Food Store for a 3.2% Off -Premise liquor license at 381 S. St.
Vrain Avenue, and it passed unanimously.
3. ACTION ITEMS:
1. ROOFTOP RODEO CLASSIFICATION AS A MEDIUM SIZE RODEO.
Manager Winslow outlined justification for reclassifying the Rooftop Rodeo as
a medium sized rodeo. The Pro Rodeo Cowboys Association (PRCA)
categorizes rodeos by purse size for which the athlete competes (Small = $0 -
$2,999; Medium = $3,000 - $9,999; and Large = $10,000+). To determine the
correct category size for a rodeo, the total amount of committee -added money
is divided by the number of PRCA-sanctioned events. In 2011, the Rooftop
Rodeo had seven sanctioned events and provided $23,600 in committee -
added money (averaging $3,371 per event). This moved the Rooftop Rodeo
into the medium -size rodeo category. An additional PRCA policy states that in
order for a rodeo to be sanctioned, it must budget at least 17% of the previous
year's ticket sales toward the current year's purse. For example, 17% of the
2010 ticket sales of $137,000 ($23,290) must be budgeted as the purse for
2011. Since the 2011 purse budget was $23,600, the Rooftop Rodeo satisfied
this PRCA policy. Advantages of remaining a medium -size rodeo include
greater purse money would attract additional and higher -quality competitors;
communities ability to market in larger markets such as two new national
sponsors (Wrangler Clothing and Pendleton Spirits); and greater public
relations opportunities such as requests to present to the Association of Rodeo
Committees and competitors of the Rooftop Rodeo to compete in Colorado vs.
the World. In order for the rodeo to return to small -size category it would
require a decrease in revenues through a reduction in the number of shows,
limiting the number of shows or capping attendance. Manager Winslow stated
it would be mathematically impossible to qualify as a large rodeo unless there
was an increase in seating, admission price or the number of shows. One
consideration of moving to a medium -size rodeo would be an increase in the
annually -negotiated contract if a large increase in contestants occurs, with an
estimate of an additional $5,000 in stock fees. The 2012 approved budget
includes funding for an increase in purse money and stock fees. Ticket
revenues are expected to increase by $10,000, and, sponsorship revenue has
increased $3,000 with an additional $3,000 anticipated. Staff recommends
that the Rooftop Rodeo remain a PRCA-designated medium -size rodeo for
2012.
Comments were heard from the Board and are summarized: Mayor Pro Tem
Levine stated the move from small to medium-sized rodeo was a direct effect of
a decision made by the Town Board to increase the grandstand seating.
Trustee Elrod stated the numbers covered the 2011 reason for moving to a
medium -size rodeo and stated that future decisions should be well informed
decisions; and Trustee Blackhurst questioned what would happen if increased
revenue projections are not met in 2012. After further discussion, it was
moved and seconded (Koenig/Miller) to approve the Rooftop Rodeo move
from a small to medium -size rodeo as designated by PRCA, and it passed
unanimously.
2. ROOFTOP RODEO COMMITTEE REORGANIZATION.
Board of Trustees — February 14, 2012 — Page 4
Interim Town Administrator commented members of the executive board of the
Rooftop Rodeo committee met with staff and Town Board members individually
to discuss reorganization of the volunteer group. This would be a continuation
of staffs efforts to establish clear relationships with other Town volunteer
organizations, Friends of the Museum and Senior Center Inc., through new
MOUs. Staff has reviewed the proposal that would bring greater continuity of
operations between the two organizations, increased efficiencies for operation
of the Rodeo event, increased administrative efficiencies and greater
accountability of financial activities.
Howell Wright/President and Mark Purdy/Treasurer of the newly formed Estes
Park Western Heritage, Inc. (EPWH) a 501(c)(3), replacing the non-profit Top
Hands organization, were present to review the proposed reorganization of the
Rodeo committee, a special committee as outlined in the Municipal Code. The
1940's Town formed Rodeo Committee proposes a new operating structure for
the organization and redefining the relationship with the Town. EPWH request
the committee no longer operate as a special committee appointed by the
Town Board. The Friends of the Rooftop Rodeo volunteer organization would
continue to coordinate the volunteers and fundraise for the rodeo. The rodeo
would continue to belong to the Town, be managed by Town staff, and
determine personnel and funding required to produce the rodeo. The new
organization would expand fundraising opportunities; contribute to the rodeo's
future growth through an added capital campaign arm; and through a Board of
Directors to control administrative issues, thereby limiting the Town's
involvement in daily operations.
Trustee Blackhurst voiced concern with the Town taking action on an item that
has not been vetted thoroughly by the entire committee. He requested
additional time be given to review the changes by both the Town and the
committee, and the MOU have an end date to review the relationship in the
future. ITA Richardson stated the MOU would be reviewed annually as other
volunteer MOUs. He also suggested this model be considered for other Town
volunteer organizations, especially the liaison position.
After further discussion, It was moved and seconded (Koenig/Miller) to
approve the reorganization of the Rooftop Committee to operate as a
separate non-profit entity discontinuing the committee as a special
committee and eliminating the requirement for appointment of the
committee members by the Town Board, and it passed with Trustee
Blackhurst abstaining.
3. ORDINANCE #01-12 PUBLICATION OF ORDINANCES BY TITLE ONLY
AND ELIMINATING THE REQUIREMENT THAT PAYMENTS OF BILLS AND
STATEMENTS CONCERNING CONTRACTS AND REBATES BE
PUBLISHED. Town Clerk Williamson presented two ballot questions for
consideration during the upcoming April 3rd Municipal Election:
Question #1: "Shall the Town of Estes Park, Colorado, be authorized to
publish ordinances by title only rather than publishing each ordinance in
full in accordance with Section 31-16-105 C.R.S.?"
Question #2: "Shall the Town of Estes Park, Colorado, not publish
proceedings relating to payment of bills and statements concerning all
contracts awarded and rebates allowed in accordance with Section 31-20-
202 (1.5) C.R.S.?"
YES
NO
YES
NO
As a statutory town, the Town of Estes Park is required to publish the full text
of ordinances adopted by the Town Board including exhibits per C.R.S. §31-
16-105 and a summary of the bills per C.R.S. §31-20-202. The state statute
allows a municipality to eliminate the publishing requirements for ordinances at
Board ofTrustees — February 14,2D12—Page 5
a regular or special election by publishing ordinances by Udu only rather than
bypublishing the ordinance infull. The same iatrue for the publication cfbills.
If approved, the Clerk's Offioo will publish ordinances by title and the onVna
text would be available on the Town'swabniUa immediately following approval.
Bills would continue to be available on the wmboita in full detail rather than the
summary published in the paper. Astatement concerning contracts awarded
and rebates allowed with a value greater than $30.000 per annumwould be
placed on the website. The purpose in proposing an ordinance at this time is to
address the costs associated with pub|iooUnna, and provide additional
government functions on|inu, thereby delivering information to the citizens
efficiently and effectively through o-government. Attorney White naod the
Ordinance into the record. It was moved and seconded (B|ackhurnt/Levine)
tnapprove Ordinance #O142'and itpassed unanimously.
4. RESOLUTION # 03'12 RE -APPROPRIATION OF 2011 ENCUMBERED
FUNDS TO 2012 BUDGET. Finance Officer McFarland stated some Town
departments entered into contracts in2011 for goods and/or services that were
not fulfilled by the end of2O11; therofone, the funds would be nu||ed over to
2012. There are 31 items totaling $544.905 that include funds for the NEPA
study, infrastructure improvements and vehicle replacements. Several projects
slated for 2011 were not startad, thernfnro, the funds would return to the
{;onony| Fund including $310.000 in ST|Pfunding. Staff may come forward in
2012 to request additional funds for additional ST|Pfunding. Mayor Pro Tern
Levine expressed concern with 3T|Pfundo not being spent in 2011. After
additional disounuion, it was moved and seconded (Eh000n/8|aokhumt) to
approve Resolution #03'13 to re -appropriate funds from 2011 to 2012
budget asoutlined above, and itpassed unanimously.
5. RESOLUTION # 04-12 GASB STATEMENT NO. 54 FUND BALANCE
REPORTING REQUIREMENTS. Finance Officer McFarland stated the
Governmental Accounting Standards Board (GASB) issued Statement 54,
Fund Balance Reporting and Governmental Fund Type Definitions requiring
new categories and new terminology as itrelates tofund balances. It applies
only to "Governmental Funds" including the General Fund and Special
Revenue Funds (Community Reinvestment, Conservation Trust, Open Space
and Community Somi000). |tdoes not apply hothe Internal Revenue Funds or
Enterprise Funds. The current "restricted" and "non -restricted" any replaced
with "non -spendable", ''newthobed^. "committed", ^aooigned" and "unassigned".
The new fund balance assignments would appear in the 2011 [AFR. The
proposed Roou|uUun assigns u designee to make the o|aaoiDoadono as
required by Statement 54. It was moved and seconded (Ericson/Miller) to
approve Resolution #O4-12,and itpassed unanimously.
O. CHANGE ORDER FOR STEAMER DRIVE OVERLAY CONSULTING
SERVICES WITH THE ENGINEERING COMPANY. Director Zumstated staff
has negotiated a scope and fee with The Engineering Company (Farnsworth
Engineering) for design, specifications and construction management services
for the Steamer Drive Overlay project atacost of$23.337. This project would
baadded tothe approve Virginia rehabilitation project. The additional scope
of work would make the project more attractive to bidders. The PUP
Committee recommended approval of the change order to the Town Board for
consideration. The total combined foe for both projects without contingency
would be $00.904. it was moved and seconded (B|aokhurnt/Kounig) to
approve a change mnJmr to the design engineering and construction
management services for the Virginia Drive Rehabilitation Project with
The Engineering Company (Farnsworth Engineering) to include Steamer
Drive Overlay design engineering and construction management utmcost
mf$23,33Twith o1D%contingency, and itpassed unanimously.
Board ofTrustees — February 14.2012—Page 6
Whereupon Mayor Pinkhamadjourned the nf»ahng-tlY*30
C. Pinkham, Mayor
oWilliamson, Town Clerk