HomeMy WebLinkAboutMINUTES Town Board 2013-11-26Town of Estes Park, Larimer County, Colorado, November 26, 2013
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 26th day of November, 2013.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Greg White, Town Attorney
Cynthia Deats, Deputy Town Clerk
Absent: Trustee Elrod
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION — 25TH ANNUAL CATCH THE GLOW PARADE.
Mayor Pinkham read a proclamation recognizing the 25th Annual Catch the Glow
Parade as the start of the holiday season in Estes Park and encouraged the community
and visitors to attend the event on the Friday following Thanksgiving.
PUBLIC COMMENT.
Diane Muno, Town resident, business owner, and President of Estes Valley Partners for
Commerce (EVPC) said, as a retailer, she is happy to have the support of the
community and of the Trustees. She noted that, due to the September Flood, area
business owners suffered a huge financial hit and asked that the Trustees support Visit
Estes Park in their continuing efforts to market the area. On behalf of EVPC she read a
letter that was sent out to the business community and the EVPC membership following
the Special Town Board Meeting held on November 12th. The letter expressed
disappointment in the Board's decision and lack of support for the Anschutz Wellness
Center. It pointed out that in normal times it is challenging to maintain a business in
Estes Park and stated that post -flood the lack of support for this economic development
opportunity from elected officials is disheartening. She said the letter, and comments
received from the business community will be forwarded on to the Board.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson attended a portion of the TIPS training that was held on Friday,
November 15th and said he gained an appreciation for the difficulties liquor license
holders face. He reported that at the last Transportation Advisory Committee (TAC)
meeting the Committee discussed working proactively with Public Works staff to
implement ideas from the Transportation Visioning Committee (TVC) report; meeting on
a monthly, rather than quarterly basis; and received an update from Director Zurn
related to the cost of the flood's impact on roads and trails. Trustee Ericson announced
that the monthly meeting of the Community Development / Community Services
Committee scheduled for December 19, 2013, has been cancelled.
Mayor Pro Tem Blackhurst wished the community a Happy Thanksgiving.
Trustee Koenig said the Western Heritage organization met and elected Jo Adams,
Rick Life, and Mark Purdy to their Board of Directors, with Howell Wright continuing as
president. The Sister Cities program will be celebrating its 10th anniversary in 2014.
She said Mayor Pinkham will be contacting officials in Monteverde, Costa Rica, to
gauge the level of interest in continuing the relationship.
Board of Trustees — November 26, 2013 — Page 2
Mayor Pinkham stated that the Board will be holding a Special Meeting on Thursday,
December 5, 2013, at 4:30 p.m. in the Town Board room to hear a revised proposal
from representatives of the Estes Park Medical Center and the Stanley Hotel related to
the Anschutz Wellness Center. He also noted that Highway 7 between Allenspark and
Lyons was reopened earlier today.
TOWN ADMINISTRATOR REPORT.
1. Town Administrator Lancaster, along with other managers and mayors of
municipalities affected by the flood, will meet on Thursday, December 5th in
Lyons with a representative of the Department of Housing and Urban
Development to discuss housing needs related to the flood and ways in which
the federal government can assist.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 12, 2013, Town Board Special Meeting
Minutes dated November 12, 2013, Town Board Study Session Minutes
dated November 12, 2013 and Town Board Budget Study Session Minutes
dated October 25 and November 1, 2013.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities, Public Works Committee — November 14, 2013.
4. Estes Valley Planning Commission Minutes dated October 15, 2013.
(acknowledgement only).
5. Technical Review Committee Minutes dated September 3, 2013
(acknowledgement only).
6. Transportation Advisory Committee Minutes dated August 21, 2013
(acknowledgement only).
It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda
Items, and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #4 - Stonebridge Estates
Condominiums, Lot 3, Stonebridge Estates Subdivision, 1165 Fish
Creek Road; Kingswood Homes, Applicant.
B. AMENDED PLAT, Portion of Lot 138, Al Fresco Place Addition, and Lot
1 Burgess Resubdivision, 471 & 441 MacGregor Avenue; Blake
Robertson and Estate of Harriet Burgess, Applicant.
It was moved and seconded (Norris/Koenig) to approve the Consent Agenda
subject to the findings and recommendations of the Estes Valley Planning
Commission, and it passed unanimously.
3. LIQUOR ITEMS:
1 STIPULATION AGREEMENT - BIG HORN RESTAURANT, INC., DBA BIG
HORN RESTAURANT, 401 W. ELKHORN AVENUE, BEER & WINE LIQUOR
LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of the Big Horn Restaurant served an underage operative. The Big
Horn Restaurant operated under the ownership of Sid and Laura Brown for 15
Board ofTrustees — November 26, 2O13—Page 3
years without a previous violation. This violation occurred afew days prior to
the business being sold to new owners who have filed an application with the
Town Clerk's office totransfer the license. Transfer ofthe license cannot occur
until the penalty for the violation has been served. Astipulation agreement for
afirst-offenee penalty ofa 21-day suspension with five days served and 16
days held in abeyance for one year was entered into by the Doonaoe and will
be served from December 1 through December 5. 2013. Once the suspension
is mon/ed, the transfer of the license can occur and the days held in abeyance
will not be attached to the new license. It was moved and seconded
(Koenig/Phipps) to approve the stipulation agreement with Big Horn
Restaurant, |nu..dbaBig Horn Restaurant, and itpassed unanimously.
2. STIPULATION AGREEMENT - CABLES 2STES.LLC.0BA CABLES PUB &
GRILL, 451 S. ST. VRAlN AVENUE. HOTEL & RESTAURANT LIQUOR
LICENSE.
A compliance check was conducted on August21. 2013. at which time an
employee of Cables Pub & Grill served on underage operative. Town Clerk
Williamson stated that the liquor license for this location was issued onJanuary
7. 2013. A stipulation agreement was entered into by the |ioonooe for a first
offense penalty ofa21'daysuspension with five days served from December 1
through December 5. 2013. and 10 days held in abeyance for a period of one
year beginning Novembor26. 2013. The licensee has attended TIPS training
and continues to provide TIPS training for employees. Keith Jnhnson, Cub|oo
Estes, LLC, approached the Board to request a change to the suspension
dutoo, proposing the suspension be served from December 24 through
Oeoember2O. 2013. He said it in his intention to close down during the five
day suspension because it is not economically feasible to remain open while
unable to nonm alcohol. He stated that the employee who committed the
violation was no longer employed by Cables and said that he did not want to
further penalize his remaining staff just ahead of the holidays and added that if
this suspension was to be served prior to the flood, he would not be asking for
this change. Mayor Pro Tern B|aokhurst said he in not in favor ofchanging the
dates oomod and stated that the penalty is not designed to be convenient.
Trustee Ericson requested that the other |io*n000e in attendance at the
meeting have the opportunity to comment on the change to the suspension
dates. Town Clerk Williamson noted that change in a suspension dates
would affect the ability to transfer the license at the Big Horn Restaurant.
Mayor Pinkhom asked that the Board consider each business individually
rather than taking comments from the other |iuen000m. It was moved and
seconded (Koenig/Phipps) to approve the stipulation agreement with
Cables Estes, LLC dba Cables Pub & Grill with the suspension dates
amended to December 24 through December 28, 2013. and it penood
unanimously.
3. STIPULATION AGREEMENT -HESS ENTERPRISES |NC..0BAHUNTERS
CHOP HOUSE, 1GgUBIG THOK0PS0N AVENUE, HOTEL & RESTAURANT
LIQUOR LICENSE.
A compliance check was conducted on August21. 2013. at which time an
employee ofHunters Chop House served onunderage operative. Town Clerk
Williamson stated that the liquor license for this location was issued inJanuary
2000. Avio!stion occurred at Hunters Chop House in 2011 and was handled
administratively bythe State. The licensee paid afine inlieu ofsuspension for
that offense. A stipulation agreement was entered into by the licensee for a
penalty ofa 21-day suspension with five days served from December through
December 5. 2013. and 10 days held in abeyance fora period of one year
beginning November 26' 2013. The licensee is planning to send staff to a
TIPS training that is scheduled for Fridoy. December 13. 2013, and stated that
the suspension dates are acceptable. It was moved and seconded
(Koenig/Norris) to approve the stipulation agreement with Hess
Enterprises, |nc.,dbaHunters Chop House, and Kpassed unanimously.
Board of Trustees — November 26, 2013 — Page 4
4. STIPULATION AGREEMENT - NICKY'S RESTAURANT & LOUNGE LTD.,
DBA NICKY'S RESTAURANT & LOUNGE, 1350 FALL RIVER ROAD, HOTEL
& RESTAURANT LIQUOR LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of Nicky's Restaurant & Lounge served an underage operative.
Town Clerk Williamson stated that the liquor license at Nicky's has been in
force since 1976 with one previous violation occurring in the 1990s. A
stipulation agreement was entered into by the licensee for a first offense
penalty of a 21-day suspension with five days served from December 1 through
December 5, 2013, and 16 days held in abeyance for a period of one year
beginning November 26, 2013. Nick Kane, licensee, stated that the
suspension dates were acceptable and said members of his staff attended a
TIPS training that was held on November 15, 2013. He added that he has held
a liquor license since 1968 when it was first issued by Larimer County. It was
moved and seconded (Blackhurst/Phipps) to approve the stipulation
agreement with Nicky's Restaurant & Lounge, LTD, dba Nicky's
Restaurant & Lounge, and it passed unanimously.
5. TRANSFER OF OWNERSHIP — BIG HORN RESTAURANT INC., DBA BIG
HORN RESTAURANT, TO EP BIG HORN RESTAURANT INC. DBA BIG
HORN RESTAURANT, 401 W. ELKHORN AVENUE, BEER & WINE LIQUOR
LICENSE.
The Clerk's office received an application to transfer the existing Beer & Wine
liquor license at the Big Horn Restaurant to the new owners of the business,
Michael and Daniela Kingston applying as EP Big Horn Restaurant, Inc. The
business is currently operating on a temporary permit under the existing
license. The new owners understand that the penalty for the violation that
occurred on August 21, 2013, must be served prior to the transfer being
finalized and have agreed to serve the suspension from December 1 through
December 5, 2013. The applicants, as well as four members of their staff
attended TIPS training on November 15, 2013. It was moved and seconded
(Norris/Blackhurst) to approve the transfer application for a Beer & Wine
license filed by EP Big Horn Restaurant, Inc., dba Big Horn Restaurant,
and it passed unanimously.
4. ACTION ITEMS:
1. ESTES VALLEY LIBRARY BOARD APPOINTMENTS.
Appointments to the Estes Valley Public Library District (EVPLD) Board are
joint appointments that require the approval of both the Town of Estes Park
and Larimer County. EVPLD is nominating Debra Dullaghan to fill a vacancy
on the Board, and is nominating Peter Plaut for reappointment to the Board. If
approved both would serve four year terms beginning on January 1, 2014, and
ending on December 31, 2017. It was moved and seconded (Koenig/Ericson)
to approve the reappointment of Peter Plaut and the appointment of
Debra Dullaghan to the Estes Valley Public Library District Board for a
four-year term beginning January 1, 2014, expiring December 31, 2017,
and it passed unanimously. Approval of the appointments by the Board of
County Commissioners was previously received.
2. PUBLIC HEARING — 2014 BUDGET.
Finance Officer McFarland presented the proposed budget for 2014. He stated
that the 2014 budget has 12 funds and approximately $43,000,000 in
expenditures. He noted that financial goals have changed since the
September flood event resulting in adjustments to the budget and changes to
budgetary strategies in the short-term. Financial goals for 2014 include
maintaining a General Fund balance of at least 20% through 2014; continuing
to work on capital projects that support infrastructure needs or promote
economic vitality; continuing to retain and utilize Internal Service Fund
balances for capital replacement purchases; and maintaining healthy ratios in
the Enterprise Funds while providing services to the public, and servicing
Board of Trustees — November 26, 2013 — Page 5
capital projects and debt. He reported that due to the flood, sales tax revenues
are lower than projected, and estimated the loss of sales tax revenue from
September 2013 through spring 2014 at $1.6 million, which was the figure used
by staff when creating a conservative 2014 budget. However, with the
highways opening earlier than expected, the losses may not be as extreme.
He noted that flood -related expenditures have affected over 1,000 financial
statement line items thus far and said the Federal Emergency Management
Agency (FEMA) has been guiding staff through the cost recovery process. He
said $375,000 of eligible expenses related to emergency and debris removal
have been submitted and will be paid at a rate of 87.5%, with $306,000
expected to be reimbursable to the Town; and at this time, recoverable costs
through CIRSA are expected to be approximately $180,000. However,
additional claims and requests for reimbursement will continue to be filed.
Expenses related to the rock crusher project in Lake Estes may be as high as
$900,000. The Town's goal is to cover the costs of the project by providing
materials to private and public entities. He noted costs related to flood
recovery in the Fish Creek area are unknown, as well as PERA costs that may
occur in 2014 associated with a reclassification of employees. He said staff will
keep a close eye on these expenses and revisit the budget as the year
progresses.
Three positions are expected to be filled in 2014: planner, police officer, and
dispatcher. Hiring for vacant positions, including the Assistant Town
Administrator position, will be suspended until a mid -year review of the budget.
An approximate 4% increase to salaries has been budgeted for 2014 based on
the results of the 2013 Classification and Compensation Study; no merit raises
are budgeted for 2014. The increase to insurance benefit costs is 5% over
2013. Transfers from the General Fund include $1.7 million to Community
Services for support of the Museum, Senior Center, Events, and the MPEC;
$1.235 million to the Community Reinvestment Fund; subsidies to the Fire
District, Estes Park Housing Authority, Economic Development Council, and
Community Service Grants. A $100,000 grant to the Local Marketing District
(LMD) will be added to the 2014 budget following a recent request by the
organization for assistance from the Town to help offset the financial impact of
the September flood event on the LMD.
Community Reinvestment Funds will be utilized for ongoing capital projects and
street maintenance. Also, in 2014 the first payment on the $6 million
Certificates of Participation (COPs) for the construction of the MPEC will be
due in an amount of $518,000 from the Community Reinvestment Fund.
Utilities has budgeted $4.1 million for capital projects in 2014 consisting
primarily of flood -related repairs, as well as upgrades and server consolidation
in the IT division.
Finance Officer McFarland said capital projects in the General Fund are
primarily in the area of the Police Department (PD) in 2014, and PD staff
commented on an addition to the 2014 budget. An expenditure of $75,000 was
discussed during the budget sessions, however, an additional $300,000 has
been added to cover the cost of a radio console upgrade to 800 MHz.
Commander Rose said that as a member of the Northern Colorado Regional
Communication Network (NCRCN), and in partnership with the Front Range
Communications Consortium (FRCC), the equipment can be obtained at a
lower cost with additional savings realized if system installation is performed
concurrently with installation of the system in Fort Collins. Staff is proposing
that a lease purchase agreement be executed for the equipment with
installation in February 2014, and no payments due until January of 2015. The
2014 budget will reflect a $300,000 asset, and a $300,000 expense to offset it,
with the actual expenditure occurring in 2015. Town Administrator Lancaster
stated that this purchase would provide the Town with some independence
from the State and the ability to support its own emergency services. He
added that there are no pre -payment penalties associated with the lease
Board ufTrustees — November 26, 2V13—Page G
agreement so depending upon future financial circumstances, the lease could
bepaid off early without penalty.
Comments are summarized: the subsidy to the Fire District is 7% of sales tax;
the intent of the percentage was the funds to the Fire District would rise and fall
with the fortunes of the Town; will the Five District receive 7% of the sales tax
generated by the new K4PEC?; u discussion with the Fire District is needed in
early 2014; non( for repairs to Community Drive which has been badly
damaged duo to heavy equipment during flood recovery will be reimbursed by
the Federal Highway Administration; street maintenance funds are being
banked for the Dry Gulch project that is estimated to cost $1.2 million; propose
staff consider conference center upgrades for final budget; the oonfonanoo
center will be marketed along with the K4PEC; have staff compile atop 10 list of
capital projects that can boconsidered iffunds become available; first priority iu
to bring fund balance back up to pre -flood level; and revisit the budget quarterly
duhng2O14.
Itwas moved and seconded (Nonis8KoenkJ)tocontinue the Public Hearing
and Board Action until December 10, 2013, and it passed unanimously.
3. INTERGOVERNMENTAL AG—REEPAIENT (IGA) FOR PERMANENT REPAIRS
TO FISH CREEK CORRIDOR. |GAnot ready for Town Board action.
Town Administrator Lancaster noted that the |GAfor permanent repairs hnFish
Creek is awmrk in pvognaoo and that oununrno raised by Upper Thompson
Sanitation District are currently being addressed. The |GAvvi|| move forward to
the Board once the agreement iofinalized.
4. ORDINANCE #1643 — SETTING THE COMPENSATION OF THE
MUNICIPAL COURT JUDGE, ASSISTANT MUNICIPAL COURT JUDGE,
AND THE MUNICIPAL COURT CLERK PURSUANT TO SECTION 2.24.030
OF THE MUNICIPAL CODE.
Town Clerk Williamson stated that in past years compensation for municipal
court staff has been set every other year with 5% increases to the salaries for
both the Judge and the Clerk, howewer, a review ofstate statute indicated that
salaries must beset annually. Ordinance #10'13proposes a2.5%increase to
the Judge and Clerk salaries for the year2014. The compensation for the
Assistant Municipal Court Judge is paid on o per court session buoio, and
remains unchanged for 2O14.otarate of$15Uper session. Staff recommends
that job descriptions for the Judge and Court Clerk be created and the number
ofhours worked be recorded during 2014to allow the compensation for these
positions to be reviewed based on market. With this market information, the
salaries will be re-evaluated for 2015 Attorney White rood Ondinanou#10'13
into the record. It was moved and seconded (Nonio/B|aokhurst) for the
approval mfOrdinance #1G'13.and itpassed unanimously.
5. REVISED 2O14OBJECTIVES.
|nAugust 2O13.the Board's Objectives for 2O14were formally approved. Due
to changes in circumstances vonu|Ung from the September 2O13flood ovont,
revisions were made tothe ^one' eorUmefrome^otjectivaa. The changes are
consistent with adjustments made to the original 2014 budget and were
previously discussed atarecent Town Board study session. Projects such ao
the Sign Code Revision and Bond Park Development that were removed from
the original budged, were also removed from the list of objectives, while flood -
related repairs and restoration, and moving forward with a sales tax initiative on
the April ballot were added. \twas moved and seconded (B|aohhurot/Erioson)
to approve the revised 2014 Board of Trustees Objectives as presented,
and itpassed unanimously.
5. REPORTS AND DISCUSSION ITEMS:
1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE.
Board of Trustees — November 26, 2013 — Page 7
Director Zurn reported that the stall barn and MPEC projects continue to go
well. The fire protection, HVAC, and electrical systems are well underway in
the stall barn structure; heaters are roughed in and gas meters are being set.
The windy weather has caused some delays on the MPEC project and dictates
the tasks that can be undertaken by the steel erector. Work on utilities and
underground infrastructure continue at the MPEC. He noted that the
underdrain was a good addition to the project because groundwater is close to
the surface following the September rain event. A topping -out ceremony for
the MPEC is scheduled for Wednesday, December 4, 2013.
2. FLOODPLAIN RECOVERY UPDATE.
Director Chilcott updated the Board on non -regulatory work associated with
flood recovery and restoration. It has become evident that river/stream
restoration is going to be complicated and costly and, in some cases, property
owners are going to need to collaborate on a plan for restoration. Since FEMA
does not pay for river/stream restoration work, the Town can play a role in
helping property owners with the cost of restoration by obtaining funds to bring
in hydrologic experts who can present technical and design options that will
result in a restored river. The Town can also facilitate meetings when needed.
Community Development staff has applied for grant funds through the
Colorado Water Conservation Board (CWCB) to produce a master plan for Fall
River and will make application for monies for a master plan for the Fish Creek
corridor after December 6t". Director Chilcott said the Town of Estes Park was
one of four applicants for CWCB funds and said she is hoping to hear if
funding will be available for this purpose by the end of the year. The Town is
now a sponsor for the Natural Resource Conservation Service (NRCS). Four
staff members of NRCS made onsite visits to Fall River, Fish Creek, Fox Creek
and North Fork and have put together maps of areas where they can help with
immediate bank stabilization through the Emergency Watershed Protection
Program and help with up to 75% of the cost in prioritized areas. The Town will
continue to look for resources to assist with the impact of recovery and
restoration costs to private property owners within the Estes Valley.
Whereupon Mayor Pinkham adjourned the meeting at 9:28 p.m.
inkham, May6r
C nthi Deputy Cler
y Deats, p y Town Clerk