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HomeMy WebLinkAboutMINUTES Town Board 2011-11-08Town of Estes Park, Larimer County, Colorado, November 8, 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 8th day of November, 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 Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Greg White, Town Attorney 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. PROCLAMATION Mayor Pinkham presented a National Philanthropy Day Proclamation to Christy Crosser, Jill Nelson and Mimi Hardendorf. A celebration will be held on November 15th at the hospital. The public is invited to thank those in the community that volunteer and give back to the community. PUBLIC COMMENT. Pat Newsom/Town citizen invited the Board and the public on behalf of the Board of Directors of the Memorial Gardens to the Veteran's Day observance at 11:30 a.m. at the cemetery. The Senior Center would also offer a free lunch to all veterans. Charlie Dickey/Town citizen thanked everyone involved in the Halloween celebration downtown and stated the event was a huge success. He recommended the Town take a look at what issues may have caused 52% of respondents to the recent citizen survey state the Town is headed in the wrong direction. Rich Johnson/Town citizen stated the Historic Elkhorn Preservation Society would hold a celebration to honor those that have served the country on Saturday, November 12`h and invited all military for a free dinner and a concert in their honor. The public was also invited to help celebrate. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Miller stated at the LMD Board meeting Hill Aevium presented the 2012 marketing plan. He recognized the recent Habitat house celebration. Trustee Koenig commented the Sister Cities Association would be holding a meeting at the Museum on November 17, 2011 at 7:00 p.m. Trustee Ericson stated the Transportation Visioning Committee continues to work on a final report. The Audit Committee met to discuss the timing of the 2011 audit, discuss Board of Trustees — November 8, 2011 — Page 2 the investment portfolio, and the need to complete an RFP in 2012 for audit services in 2013. Trustee Elrod stated the Estes Valley Planning Commission meeting on Tuesday, November 15, 2011 would be held at 11:30 a.m. with the Triangle meeting to follow at 2:00 p.m. with the County Commissioner and the Town Board. Trustee Blackhurst informed the public of the upcoming Citizen Police Academy held by the Police department January 9, 2012 through February 9, 2012 on Thursday evenings. He stated the Estes Park Housing Authority would hold its regularly scheduled meeting on Wednesday, November 9, 2011 at 8:30 a.m. in Room 203, and the Public Safety, Utilities and Public Works Committee would meet on Thursday, November 10, 2011 at 8:00 a.m. in the Board Room. Mayor Pinkham reiterated comments made earlier on the celebration of the new Habitat home in town, which enables young families to remain in Estes Park and become a part of the community. TOWN ADMINISTRATOR REPORT. In honor of the upcoming Veteran's holiday, Town Administrator Halburnt recognized the veterans in the room and read the names of employees and locals that are veterans. She stated several of the numbers in a recent opinion article regarding the budget process were reported inaccurately, stating in general the budget has remained flat in the past several years. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 25, 2011, Town Board Study Session Minutes dated October 25, 2011 and Town Board Budget Study Session Minutes dated October 7, 14 and 21, 2011. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee, October 27, 2011: 1. Road Closures for 2012. 4. Estes Valley Board of Adjustment Minutes dated October 4, 2011 (acknowledgement only). Trustee Blackhurst requested Item 3.A.1 be removed from the Consent Agenda for discussion. It was moved and seconded (Levine/Blackhurst) to approve the Consent Agenda items with the removal of Item 3.A.1 as an Action Item, and it passed unanimously. ITEM 3.A.1 - ROAD CLOSURES FOR 2012. Trustee Blackhurst questioned why the Autumn Gold event held in September was not included. Staff stated it was an oversight because until 2011 there was not a road closure associated with the event. It was moved and seconded (Blackhurst/Miller) to approve Item 3.A.1 with the addition of Autumn Gold September 22-23, 2012, and it passed unanimously. 2. REPORT ITEMS: 1. AMBASSADORS REPORT. Sandy Osterman/Ambassador President stated there are 73 Ambassadors that volunteer at the Visitor Center working in cooperation with the Visitor Center Board of Trustees — November 8, 2011 — Page 3 staff. She provided a brief overview of the services the Ambassadors provide to the visitors of Estes Park and discussed the training received to help provide the information. She also outlined a day in the life of an Ambassador at the CVB and the range of questions received by the visitors. The Board thanked her and all the Ambassadors for the number of volunteer hours and voiced appreciation all they do in representing Estes Park. 2. ELKHORN PROJECT/RTA UPDATE. Frank Theis/EPI commented the preliminary third party analyst report has not been delivered to date and would not be delivered until the next Town Board meeting, therefore, it was recommended a report be provided at the November 22nd meeting. He stated once the report is available the Board would need to decide whether or not changes are needed, and if so, an additional fee may be required. The final report would be delivered by the Town to the Economic Development Council and not the third party analyst. 3. ACTION ITEMS: 1. PUBLIC HEARING — 2012 BUDGET. Finance Officer McFarland stated that the proposed 2012 budget is the result of staff preparation and Board input at three budget study sessions held in October. The 2012 budget would consist of 11 funds with approximately $34 million worth of activity among the funds. The Police Pension fund would be closed at the end of 2011 with the sole recipient passing away during the year. Transfers to other taxing entities, Fire District and Local Marketing District, have been moved to the Transfers fund per the auditor's request. The 2012 budget highlights consist of a reduction of transfers to the Community Services funds, a transfer of $800,000 to Community Reinvestment fund, an increase of 1.4% for sales tax in 2012 ($7.3 million), a 3% employee raise, and a number of capital projects including increased funding for street maintenance, stall barns, Police entrance remodel, Barn W re -roofing, CVB building upgrades, Wiest pedestrian crossing, Phase II Bond Park, L&P infrastructure upgrades, Water infrastructure upgrades, and purchase of replacement vehicles. The Town would move from fully -funded health insurance plan to a self -funded model in 2012 requiring the re-establishment of the Medical Insurance fund. Staff has requested the Board place the approximately $200,000 in saving from 2011 to 2012 to stabilize the fund and offset future rate increases. The proposed budget maintains a slightly less than 30% fund balance in the General Fund in reserve. Discussion followed on the need to increase street improvement funding through the reduction of the fund balance from the original estimated 29% to 25% yielding approximately $365,000 in additional funding. Trustee Blackhurst stated additional sales tax revenue above the budgeted 2011 estimates should also be used to improve the streets. This would be discussed in February once sales tax funding has been collected by the Town. He also stated a discussion should occur next year to determine future funding for street improvements. Trustees Miller, Koenig and Elrod stated support; however, requested a list of projects be identified and a specific funding amount be established. The Board discussed the funding for the LMD in 2012 with Trustee Blackhurst recusing himself from the discussion. A joint meeting of Town Board and LMD representatives met with staff to determine funding for the LMD in 2012 and recommended $120,000 for branding. Trustee Levine expressed concern in lowering the fund balance and recommend the committee reconsider the funding level. Trustee Koenig agreed and questioned the use of outside talent and the cost associated. Trustee Elrod questioned Town funding for a separate district, and stated the district is larger than the Town, therefore, Board of Trustees — November 8, 2011 — Page 4 County support should also be requested. Other events or services would have to be cut to support the funding requested. Mayor Pinkham stated phasing projects would allow the LMD to complete them with the funds on hand and the funding request should be reduced. Trustee Miller and Ericson, Town representatives on the committee, stated the funding would be short term support to complete the current branding project that would benefit the entire community. Funding for 2013 would be substantially less. Ron Norris/Town citizen stated concern with the funds spent on benefits and questioned what the Town is doing to mitigate the costs. He stated support for funding street improvements and would even support a doubling of the funding. He questioned the increase cost of shuttles and the return on the investment. The LMD funding for branding would provide a quick return, and therefore, he would be in support of the funding requested. Johanna Darden/Town citizen reviewed a letter submitted to the Town Board regarding open space funding. She requested Open Space funds not be budgeted for the renovation of Bond Park, and requested past funds used for improving the park in 2009, 2010 and 2011 be returned to the Open Space fund. Charley Dickey/Town citizen provided several comments on the budget including support for increase funding for shuttles in 2012, support for road maintenance, financial support for the branding efforts by the LMD, a need to decrease funding for the LMD over the next several years in an effort for the district to stand on their own, questioned funding for Bond Park and whether or not the funding was to fix MacGregor Avenue, and questioned funding for Sister Cities organization. The Trustees thanked staff for a clear and concise budget document. Mayor Pinkham continued the Public hearing for the 2012 budget to the November 22, 2011 Town Board meeting. 2. HUNTER JUMPER CONTRACT. Trustee Ericson recused himself due to a financial conflict of interest. Manager Winslow presented a new five year contract for the Hunter Jumper show which has been at the Fairgrounds for the past 18 years. This event attracts competitors from all over the U.S., Canada and Mexico. The contract was presented to the CDCS committee on October 27, 2011 and has been modified to address the concerns of the Committee. After further discussion it was moved and seconded (Koenig/Blackhurst) the approval of the Hunter Jumper contract for 2012 — 2016 with an option for an additional 5 year, and it passed with Trustee Ericson abstaining. 3. ROOFTOP RODEO COMMITTEE APPOINTMENTS. Manager Winslow stated the Rooftop Rodeo Committee membership is approved annually by the Town Board for one year terms. The membership was reviewed during the CDCS meeting in October and includes 12 new members and the 2012-2013 officers: Howell Wright/President, Rick Life/Vice- President, Mark Purdy/Comptroller and Debbie Holgorsen/Secretary. It was moved and seconded (Levine/Koenig) to approve the appointment of the Rooftop Rodeo Committee members as presented for 2012, and it passed unanimously. 4. ORDINANCE #17-11 AUTOMATIC SPRINKLER SYSTEM AMENDMENTS TO THE 2009 INTERNATIONAL BUILDING CODE. Chief Building Official Birchfield stated the proposed amendments were presented to the Town Board on August 23, 2011. The Board expressed concern with partial (phased) systems and suggested staff revisit the Board of Trustees — November 8, 2011 — Page 5 percentage system versus square footage and address zero lot lines. After researching requirements in other jurisdictions and discussing local concerns with other building officials and fire officials, staff recommended the following amendments: require all newly constructed buildings in the Commercial Downtown — "CD" zoning district to be protected with NFPA 13 automatic sprinkler systems; and partially completed developments would be grandfathered under specific conditions, allowing construction to progress without requiring the removal and replacement of newly installed improvements, such as water service lines. The proposed amendments require National Fire Protection Association (NFPA) 13 automatic sprinkler systems for all new buildings. These systems allow property owners more flexibility to change uses in the future without retrofitting one type of sprinkler system with another, and they afford the maximum protection. Trustee Miller thanked staff for reviewing the issue further and stated support for the amendments. Charley Dickey/Town citizen questioned at what point a building undergoing remodeling would need to comply with the sprinkler system requirements. CBO Birchfield provided an overview of the circumstances that would require a new system. Attorney White read the Ordinance into the record. It was moved and seconded (Miller/Ericson) to approve Ordinance #17-11 Automatic Sprinkler System Amendments to the 2009 International Building Code and the 2009 International Residential Code, and it passed unanimously. 5. TOWN ADMINISTRATOR RECRUITMENT. Mayor Pinkham provided the Board with a list of potential recruiting firms which were established from a review of those firms responding to the recent Longmont RFP, recommendations from CML and recommendations from other recruiting firms. The list consisted of Ralph Anderson & Associates, Bob Murray & Associates, CPS Human Resource Services, ESM Consulting, KRW Associates, LLC, The Mercer Group, Peckham & McKenney, Slavin Management Consultants, Novak Consulting Group and Waters Consulting Group. He requested the Board narrow the list down to 3 companies that would be interviewed by the Board. He recommended the Board consider the Colorado based companies because they would have a better understanding of local Colorado issues and needs of the community, and short listed EMS Consulting, KRW Associates, LLC, The Mercer Group, Slavin Management, and Waters Consulting Group. It was noted that Deputy Town Administrator Richardson, a potential candidate, has an ongoing relationship with KRW Associates LLC. Board discussion followed and is summarized: an RFP would not produce different results and interviewing 3 or 4 of the consultants outlined would be adequate; a decision is difficult with the information provided to date; concern with bringing in a firm without an office in Colorado; and consensus that KRW & Associates LLC should be removed from consideration due to the relationship with current staff. It was moved and seconded (Levine/Miller) to extend the meeting to 10:45 p.m., and it passed with Trustee Koenig voting "No". Johanna Darden/Town citizen stated the search for a new Administrator should be nationwide. Charley Dickey/Town citizen stated an RFP should be completed to determine what other firms may be interested in providing the service. He suggested the Board of Trustees — November 8, 2011 — Page 6 Board consider management skills of a firm rather than whether or not they are located in Colorado. After further discussion, it was moved and seconded (Blackhurst/Miller) to contact EMS Consulting, The Mercer Group, Slavin Management, and Waters Consulting Group and request a formal proposal be submitted and a presentation/interview be conducted in Estes Park at the companies expense, and it passed unanimously. 4. STAFF REPORT. 1. PROBLEM STATEMENT — ACCESSORY DWELLING UNITS. Planner Shirk reviewed the problem statement for ADUSs approved by the Planning Commission at their September 2011 meeting outlining several issues including: community and property owner needs and desires (guest quarters — non -rental, income — rental and caretaker quarters); definition of an ADU; conflicts in the current code with regard to accessory kitchen regulations; and grandfathering of current nonconforming units. Current ADUs are riot permitted as rental units unless the unit is documented as a rental and has been regularly rented in the past. The Housing Authority has recommended long-term rental of ADUs to address employee housing needs in the valley. The purpose of the amendments would broaden the availability of ADUs while minimizing potential negative impacts to single-family neighborhoods. The scope of the changes would address what constitutes an ADU, address minimum lot size, detached versus attached units, rental both short and long term for attached versus detached, Planning Commission review, architectural controls, land use affidavit, and whether to allow flexibility to expand existing grandfathered units. The current proposed schedule would have recommendations to the Town Board and County Commissioners for review by the first quarter of 2012. Staff requested the Board review the issues outlined and provide feedback prior to the next Board meeting to continue discussions on the problem statement. Whereupon Mayor Pinkham adjourned the meetin,t'10:45 p. William C. Pinkham, Mayor o 4 _may .rgtic,r Jac ie Williamson, Town Clerk