HomeMy WebLinkAboutMINUTES Town Board 2011-05-10Town of Estes Park, Larimer County, Colorado, May 10, 2011
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 10' day of May, 2011. 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
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy 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 COMMENT.
Lindsay Lamson/County citizen recommended the Board consider moving items with
the significant public comment to the beginning of the agenda.
Richard Homeier/Town citizen stated the Rotary Club has offered their services in
organizing volunteers to begin filling sand bags prior to a high water event in an effort
to be proactive.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Blackhurst stated Estes Park was ranked the fourteenth top destination in the
nation on Trip Advisor and the only place in Colorado to make the list. He recognized
the Town departments and staff members, the local business owners, organizations,
the Local Marketing District (LMD) and others for making Estes Park a great place to
visit.
Trustee Ericson commented SOPA has hired an outside firm to upgrade their website
and update the database.
Mayor Pro Tem Levine acknowledged this year's Pride Award winners, including
Teacher of the Year — Jennifer Taylor; Business Person of the Year — Kris and Gary
Hazelton; Volunteer of the Year — Elizabeth Fogarty; and a special recognition of a
Group — The Rooftop Rodeo Committee. A student scholarship award would also be
presented to an outstanding student dedicated to volunteerism at an upcoming
ceremony.
Trustee Miller stated the LMD received a report from the Wedding Association that has
grown in membership and continues to develop the shoulder seasons to create a year-
round wedding destination. The LMD has narrowed their search for a branding
company down to the top three and would make a decision in an effort to begin the
branding in June. The Transportation Visioning Committee (TVC) would like to obtain
Board of Trustees — May 10, 2011 — Page 2
public comment and provide the Board with a progress report at an upcoming Study
Session meeting.
Mayor Pinkham recognized the new television ads presented at the recent LMD
stakeholder meeting held at the YMCA, and thanked the LMD for their efforts.
TOWN ADMINISTRATOR REPORT.
• The Town Board and the Estes Park Tree Board awarded the first Estes Valley
Environmental Stewardship award posthumously to Howard Burkhart during a tree -
planting at the Estes Park Event Garden.
• The Safety Fair would be held at the Fairgrounds on May 21st in Barn W from 9:00
a.m. to 2:00 p.m.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 26, 2011 and Town Board Study Session
Minutes dated April 26, 2011.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee, April 28, 2011.
1. Building Safety Fee Schedule.
4. Estes Valley Board of Adjustment Minutes dated April 5, 2011
(acknowledgement only).
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE.
Superintendent Baker provided the Board with an update. The Park celebrates
its 96th year and the 2nd anniversary of the Wilderness designation in 2011.
Trail Ridge road is open to Rainbow Curve with the official opening scheduled
for May 27th pending weather conditions. The resurfacing of Trail Ridge and
the associated overlook parking lots was completed in one year; therefore, no
road construction would take place during the upcoming summer season. Bear
Lake Road reconstruction Phase II could start this fall, but not later than April
2012 and take up to 2 years to complete. Hazard tree management continues
at designated campsites and trails. The Fire Management Plan would be
released for public comment and should provide more flexibility in the use of
fire within the Park. During the third year of culling 34 females were taken with
14 carcasses donated to the public by the CDOW through a lottery. Additional
fencing would be placed in the Kawuneeche Valley on the west side to protect
the willows. Park entrance fees for 2011 would remain unchanged. Park
visitation in 2010 reached the 3 million mark for the first time since 2007, an
increase of 4.58%, and through March 2011 visitation numbers are holding
steady with last year. The shuttle system continues to see increased ridership
in 2010. The Park would participate in a pilot Intelligent Transportation System
(ITS) project with the Town to encourage visitors to utilize the new
transportation hub at the Fairgrounds.
2. REVIEW OF ROCKY MOUNTAIN PARK INN AGREEMENTS.
Board of Trustees — May 10, 2011 — Page 3
Director Kilsdonk provided an overview of the 2011 Service Agreement related
documents for the Rocky Mountain Park Inn (RMPI) including the operational
guide, schedule of routine and preventative repair and maintenance, review of
operations, food and beverage concession agreement, 2011 conference room
rates, annual review of resort's performance, and current certificate of
insurance. The food and beverage agreement requires the RMPI submit a
proposed price for all food and beverage service for the Town's review each
year. In addition the Town staff meets annually in January with RMPI General
Manager to review all the agreements. All documents are on file in the Town
Clerk's office. General Manager Chris Cook stated the hotel has increased
booking by 4% since dropping the Holiday Inn franchise and continues to see
increases in all categories.
3. 2011 CITIZEN SURVEY.
PIO Rusch stated the 2011 budget contains funding for a community survey
using the National Citizen Survey model. The statistically valid survey would
evaluate Town citizen opinions on services provided by the local government.
The survey results would help the Town in resource allocation, program
improvement, policy -making and tracking changes in residents' opinions about
government performance. The survey is used by more than 500 local
jurisdictions across the country, which allows internal benchmarking with future
survey results as well as benchmarking with other communities to assess local
satisfaction with government services. The methods of the survey were
outlined and would include the mailing of 1,200 surveys to randomly selected
households. The results of the survey would be available in October. The
survey would also be posted on the Town's website after receiving the results
from the sample group in order to allow the general population to participate.
Staff received feedback from the Community Development and Community
Services Committee at the April meeting. Staff requested the Board provide
feedback in order to finalize the survey.
The Board comments are summarized: requested staff clarify the wording of
animal control in the cover letter as domestic animal control; change parking
structure/garage to include remote parking lots; change road improvements to
street improvements; provide examples of special events under question 18c;
items listed in 18a should contain clarifying wording such as "newt' or
"replacing"; remove the wording "if at all" from 18a; and questioned if there
would be a comment section for the website survey. PIO Rusch stated the
survey would appear as presented to the sample group and would not include
a comment section. The Board expressed overall satisfaction with the survey
instrument.
4. CAPITAL PROJECT UPDATE.
Deputy Town Administrator Richardson provided an update on the capital
projects including Bond Park, Transportation Hub and Prospect Avenue
repairs. He stated a significant percentage of the concrete work has been
completed and the sidewalk paver work was approximately 35% complete.
The contractor expects considerable progress by the end of the week and
states the project is on schedule for May 26`h. The Transportation Hub
continues to be on schedule with base course work completed for the two
larger lots. The detention ponds are nearing completion, 90% of curbing
completed, and the bus shelter at 85% complete. Prospect Avenue repairs
have begun with approximately 1,100 square feet of rejected work to be
replaced. The work should be completed by May 27`h.
3. LIQUOR ITEMS.
Board of Trustees — May 10, 2011 — Page 4
1. NEW APPLICATION FILED BY CAFE DE PHO THAI INC. dba CAFE DE PHO
THAI, 225 W. RIVERSIDE DRIVE.
Town Clerk Williamson reviewed the concurrent application for a new tavern
liquor license applied for by Cafe de Pho Thai located adjacent to the Post
Office. The application was submitted on March 31, 2011 and all applicable
paperwork and fees were submitted. The applicant completed the required
T.I.P.S. training on April 30, 2011. The Town Clerk's office did not receive any
communications regarding the application. Mayor Pro Tem Levine reminded
the applicant the Town requires the liquor licensee to enforce the liquor laws
and ensure all employees understand the laws. It was moved and seconded
(Blackhurst/Miller) to approve the liquor license application for a new
Tavern liquor license for Cafe de Pho Thai Inc. dba the Cafe de Pho Thai
located at 225 W. Riverside Drive, and it passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #12-11 WHOLESALE POWER COST ADJUSTMENT.
Director Bergsten stated a Purchase Power Rider was introduced in 1991 as a
method to pass long increases to wholesale power costs from Platte River
Power Authority. The increases to wholesale power costs can change during a
period when the electric rates for Estes Park have already been established
and the increase in expenses are generally too large to be absorbed by the
utility. The rider stabilizes the utility's budget and reduces costs associated
with rate hearing. Town Attorney White recommended the practice be formally
adopted and codified through the adoption of an ordinance. Staff also
recommends changing the term to Power Cost Adjustment, inclusion of
renewable energy surcharges, and adopting the term Wholesale Power Cost
Adjustment, an industry standardized term. Attorney White read the
Ordinance. After further discussion, it was moved and seconded
(Levine/Koenig) to approve Ordinance #12-11, and it passed unanimously.
2. ORDINANCE #13-11 AMENDING SECTION 9.08.080 HARASSMENT.
Commander Rose stated harassment was added to the Municipal code in 1998
and the language was current at the time. In 2010, the state law was amended
to include advancements in technology, specifically regarding electronic
communication. Staff recommends section 9.08.080 of the code be updated to
reflect the new language outlined in the state statute. Trustee Elrod
commented the Ordinance appears to be missing language from the state
statute. It was moved and seconded (Blackhurst/Levine) the item be tabled
to allow clarification of Ordinance #13-11, and it passed unanimously.
3. TOWN BOARD MEETING PROCEDURES —REVISE MEETING TIMEFRAME.
Town Administrator Halburnt stated Attorney White raised concern with the
current language outlined in the Public Guide to Estes Park Town Board
meetings. The current language suggests the Board meeting shall end no
later than 11:00 p.m. There could be an instance where the Board would like
to finish an item or address an item beyond 11:00 p.m. He recommended the
Board consider alternate language that would provide the Board flexibility.
Mayor Pro Tem Levine proposed action items be grouped by priority such as
priority #1 — items tabled from previous meeting, priority #2 — time sensitive
items, priority #3 — high profile/public concern and priority #4 — all other items.
He stated the Board should considered the current order of the agenda and
perhaps move action items ahead of reports, and/or receive physical reports.
Trustee Miller stated the Town Board meeting policy, when adopted, was to
include language that would have explained the time limit to allow an item
Board of Trustees — May 10, 2011 — Page 5
commenced prior to the time limit to be concluded before the meeting
adjourned. He recommended the language stated in the Fort Collins policy be
adopted and included in the Town policy.
Charley Dickey/Town citizen commented the Board should consider starting
the meetings earlier in an effort to gain additional public comment.
It was moved and seconded (Blackhurst/Ericson) the Public Guide to Estes
Park Town Board meetings include the following language: The Town
Board reserves the right, by a majority vote, to further extend the meeting
to conclude any business the Town Board deems necessary, and it
passed unanimously. Trustee Miller requested staff revise the Board meeting
policy to include the appropriate language outlining the timeframe for meetings
as it relates to agenda items commenced prior to the ending time for meetings.
4. EXTENSION OF ESTES PARK HOUSING AUTHORITY LOAN.
Finance Officer McFarland provided a brief history of the Town's loan to the
Estes Park Housing Authority to purchase the Pine Knoll apartment complex in
2006 to preserve low income Senior rental housing. The significant portion of
the loan has been repaid; however, $335,000 remains on the balance of the
loan that was extend in 2010 for one year. The Authority requests a two-year
extension to allow additional time to sell the remaining condominium units and
pay the Town back in full. Director Kurelja stated due to the economic
conditions and financing difficulties for condominiums, only 2 units were sold in
2010. Several of the market units are now being used as month -to -month
rental units in an effort to generate revenue. It was moved and seconded
(Ericson/Levine) to extend the Estes Park Housing Authority loan for the
Pine Knoll complex for an additional 2 years expiring on June 1, 2013, and
it passed unanimously.
5. CHANGE ORDER TO TRANSPORTATION HUB CONTRACT (MANFORD
AVENUE).
Deputy Town Administrator Richardson presented the change order to the
transportation hub contract that would allow for the repaving of Manford
Avenue at the price quoted for the hub project, which would be approximately
20% below market rate. The overlay would extend the life of the road by 8
years and move the rating from poor to fair. Approval from CDOT to include
the change order was received by staff on May 6th. The change order would
increase the project cost by $100,000 and would be funded from the Street
Improvement Program budget (STIP). Director Zurn stated the work would
include end milling and pothole filling prior to the overlay. It was moved and
seconded (Levine/Blackhurst) to approve the change order to the
transportation hub contract to include the overlay of Manford Avenue at a
cost of $100,000 from account #101-3100-431-35-51, and it passed
unanimously.
6. TREE BOARD APPOINTMENT.
The Town of Estes Park Tree Board has a vacancy due to the resignation of
Craig Adams. Staff conducted interviews in April and recommends Carol
Shannon be appointed to the Tree Board to complete Mr. Adam's term. It was
moved and seconded (Blackhurst/Elrod) to approve the appointment of
Carol Shannon to complete the term vacated by Craig Adams expiring
April 2012, and it passed with Trustees Koenig and Ericson abstaining.
7. 2011 TRANSPORTATION SHUTTLE ROUTES.
Town Administrator Halburnt stated the Board approved an additional hour of
service to the Blue and Red routes for the 2011 shuttle service at the April 26th
Board of Trustees — May 10, 2011 — Page 6
Board meeting. The Estes Area Lodging Association has requested the
extension of the shuttle routes for an additional 11 days in August and
September and an additional hour of service on the Brown route. The
additional request is estimated to cost $31,069 including the previously
approved $3,000.
Trustee Blackhurst commented the discussion should take place during the
budget session in October. He stated staff incorporated the changes
requested last year at this time and funded by the Mayor's contingency fund.
The decision at budget time was made based on ridership and cost. The
requested funds have been budgeted for other projects for 2011, and if the
15% increase should be approved the funding source should be identified.
The request should be considered for the 2012 budget when additional
discussions regarding the shuttle would take place. Mayor Pro Tem Levine
agreed the issue should be discussed by the Board during the budget process.
Discussion followed and is summarized: $730,000 would have to be generated
to cover the additional costs; the request should be considered because the
season is extending further into September; the shuttle system was stopped
earlier because of low ridership and the fall season generates less road
congestion; the cliental during the fall tends to be retirees without families; how
does the Town measure success of the system and what does success look
like; the shuttle system is a marketing opportunity and enhances the world
class transportation hub; the higher gas prices may increase the ridership; and
the request would support one of the Board's 2011 goals to improve
transportation.
Those speaking in favor of the additional shuttle requests included Lindsay
Lamson/LMD Board member and accommodation owner, Charley Dickey/Town
citizen, Gordon Peterson/Wedding Association member, Nick Molle/County
citizen and business owner, Ken Amold/Accommodation owner,
Michael/Stonebrook Resort, Lynette Lott/EALA member. All sectors of the
Estes Park economy see this issue as an important one to address and
support the changes requested; the shuttle continues to be a great marketing
tool in order to encourage tourists to visit Estes Park during the increase in fuel
costs; $31,000 would be less than one days worth of sales tax in August;
weddings continue to grow in the month of September; a transportation system
is key to a great community; and consistency in schedule for all routes would
be important.
It was moved and seconded (Elrod/Ericson) to approve the additional days
(August 29, 30, 31 and September 1, 2, 6, 7, 8, 9, 10 and 11) and one
additional hour for all bus routes for a total not to exceed $31,069, and it
passed with Trustee Blackhurst and Mayor Pro Tem Levine voting "No".
At 10:00 p.m. it was moved and seconded (Blackhurst/Miller) to extend the
meeting to no later than 11:00 p.m., and it passed unanimously.
8. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Ericson/Levine) for the Board to go into Executive
Session for the purpose of a personnel matter; not involving any specific
employees who have requested discussion of the matter in open session; any
member of the Town Board (or body); the appointment of any person to fill an
office of the Town Board (or body); or personnel policies that do not require
discussion of matters personal to particular employees, and it passed
unanimously.
Board ufTrustees - May 1O.2V11-Page 7
Mayor Hnkham recessed the meeting at 1010 pm. for a 5 minute break prior to enter
into Executive Session ed1O:15p.m.
Mayor Pinkhom reconvened the meeting a 11:22 p.m. from Executive Session
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Jackie ��HIII�i-amson, Town Clerk
VViUiamC. Pinkhom. Mayor