HomeMy WebLinkAboutMINUTES Town Board 2013-10-08Town of Estes Park, Larimer County, Colorado, October 8, 2013
Minutes of a Regular meeting of the Board of Trusteeu of the Town of Estes
Park, LmhnnerCnunty Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 8th day of October, 2011 3.
Also Present:
William C.Fqnkham.Mayor
EhcBlankhursi Mayor Pro Tern
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lonmaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Nona
Mayor Fqnhham called the meeting to order at 7:00 p.m. and all desiring to do so.
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
Lindsey Lamson/Accommodations owner requested the Town provided timely
information on the possible road openingshz ensure accommodation businesses can
retain reservations. Hesuggested uteff contaot,—"OOTand report updated information.
Rub Gordon/Park Hospital District Boaro, mombar provided clarification of the Board's
recent actions to support the Staniey YVe||nena Center. The Board supports the
preliminary exploration of the center whUe continuing to support the Community
VVoUn000 Center being explored by the Estes Valley Recreation and Park District.
EUU Darden/Town citizen questioned the continuation of the K8PEC and stall barn
projects during the flood recovery.
Angela KXayero/Lahmor County Clerk and Recorder provided updated election
information for the coordinated election on November 5. 2013. including the oedy
delivery ofballots to areas affected by the flood; all other mail ballots would be mailed
on October 15, 2013, drop off location at the Larimer County office on Brodie beginning
tomorrow; service center open on {}ctobor28m in Town Hall; and voter registration can
be completed up to and on the day ofthe e�ootion. She also commented on the
Department of Revenue decision to waive emission testing for 'hose affected by the
flood if requested by Deoember31. 2013. and lines related Vnvehicle registration
have been waived for flood victims.
PRESENTATION
Kah Kelly/Parks Municipal Worker presented the Town Board with awards the Town
received from America in B|oom, including a fourout offive bloom nadng, population
category for 4.000 — 7.000. special award for most effective use of fo|iage, and
outstanding achievement award for landscaped areas. The Board recognized Kelly for
her efforts and achievements in organizing the steering committee for this new
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris stated the Visit Estes Purk(LyND) Board met to discuss the implications
ofthe flood, the shutdown of the Rooky Mountain National Park and the accessibility of
Board ofTrustees — October V.2V13—Page 2
Estes Park The Board raised concern with the delayed remittance oflodging tax
receipts, and therefore the need to cut the budget and reduce staff. Onupositive note
the Town has received excellent media and social media coverage.
Trustee Koenig commented the volunteer center continues ho operate and volunteers
are odU needed. The support of the citizens has been overwhelming. She stated the
^No^flush zone remains inplace and ionot voluntary.
Trustee Ericson expressed appreciation for the efforts demonstrated by the Townstaff
and the citizens that came together during and after the flood to work together.
TOWN ADMINISTRATOR REPORT.
Policy Governance — Performance Report. - Town Administrator Lancaster provided the
quarterly monitoring report and stated full compliance. Henoted anumber of
budgetary items have been affected by the recent flooding event; however, he
continues to monitor the budget closely and would report any issues to the Board.
1. CONSENT AGENDA:
1. Town Board Minutes dated SopLombor24. 2013 and Town Board Study
Session Minutes dated September24. 2013. Special Town Board Minutes
dated September 12&18.2O13.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services, September 2O.2O13.
4. Eahae Valley Board of Adjustment Minutes dated September 10. 2013.
(acknowledgement only).
5. Estes Valley Planning Commission Minutes dated August 20. 2013.
(acknowledgement only).
S. Technical Review Committee Minutes dated September 3. 2013
(acknowledgement only).
7. Halloween Road Closure — Elkhorn Avenue from Riverside to Spruce,
|twas moved and seconded (B|ackhurst/Koenig)to approve the Consent Agenda,
and it passed unanimously.
2. ACTION ITEMS:
1. RESOLUTION #2Q'13BUY LOCALLY AND USE LOCAL BUSINESSES AND
SERVICES. Administrator Lancaster presented Resolution #28-13which
recommends all Estes Park residents and businesses consider buying |omsUy
and using local services during the flood recovery to help strengthen the local
economy. It was moved and seconded (Koenig/Norris) to approve
Resolution #28'13'and itpassed unanimously.
2. RESOLUTION #20'13TERMINATING THE STATE OFLOCAL EMERGENCY
AND PROVIDING AUTHORITY TO THE TOWN ADMINISTRATOR TO
ENTER INTO CERTAIN AGREEMENTS FOR CONTINUED RECOVERY
FROM THE FLOOD. Attorney White stated Resolution #27'13 continued the
local disaster emergency until such time as conditions warranting the |nua|
emergency nolonger exist. The need for emergency action and remedia1ionof
Board of Trustees — October 8, 2013 — Page 3
Town activities has moved from emergency actions to recovery and
remediation of Town facilities. Resolution #29-13 officially ends the
emergency on October 9, 2013; continues to authorize the Town Administrator
to enter into intergovernmental and mutual aid agreements, and any other
documents to facilitate the recovery efforts; and the suspension of the
procurement policy authorized by the Town Board on September 12, 2013.
The official disaster was ended by FEMA on September 30, 2013. It was
moved and seconded (Blackhurst/Koenig) to approve Resolution #29-13,
and it passed unanimously.
3. RESOLUTION #30-13 IN SUPPORT OF CONSTRUCTING A NEW COUNTY
OFFICE BUILDING IN LOVELAND, COLORADO. Larimer County
Commissioner Gaiter requested the Town Board's support of Ballot Issue 1A to
allow the County to use funds collected from the current sales and use tax to
build a new County office building in Loveland rather than remodel the current
building as outlined in the 1997 ballot language. The approval of the ballot
issue would not establish new taxes but rather use the taxes already collected
to build a new building. After discussion, it was moved and seconded
(Norris/Ericson) to approve Resolution #30-13, and it passed unanimously.
4. REVISED PROBLEM STATEMENT: ESTES VALLEY DEVELOPMENT CODE
TEXT AMENDMENT, CONCURRENT REVIEW AND PROMULGATING
PROCESSING SCHEDULES. Director Chilcott presented a proposal to revise
the Estes Valley Development Code to require review and approval of
development proposals by the Estes Valley Planning Commission and the
Town Board prior to the review of variances by the Estes Valley Board of
Adjustment. If approved by the Board, staff would present the problem
statement to the County Commissioners. Once a problem statement has been
approved by both the Town and County recommended code amendments
would be present to the Planning Commission for consideration. It was moved
and seconded (Norris/Phipps) to approve the revised problem statement
for the Estes Valley Development Code Text Amendment, Concurrent
Review and Promulgating Processing Schedules, and it passed
unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. SCHOOL DISTRICT MILL LEVY OVERRIDE. Superintendent Hickey
provided an overview of the School District's Ballot Issue 3A which would
increase property taxes by $750,000 annually only if Amendment 66 does not
pass. The increase would average an additional $3 per year for a home
valued at $315,000. The State of Colorado ranks 47 in funding education at
$8,771 per student, approximately $1,543 less than the national average. The
Park R-3 School District is solely financed by local funds and receives no State
funding. The average State funding is 40%. As property tax has increased the
mill levy has decreased from over 45 mils to just under 31 mils. The current
general fund budget for the district is below that expended in 2006/2007 while
the cost of doing business has increased, including salaries, benefits,
retirement, supplies, etc.
2. VISIT ESTES PARK FLOOD RECOVERY COMMUNICATION UPDATE.
Brook BurnhamNEP Public Relations & Social Media Director provided a short
presentation on the communication efforts conducted during and since the
flood, including addressing misinformation, developing and distributing talking
points, partner outreach, and continuing long-term media pitches. The Town
has received positive media coverage with an equivalent ad value of over $2
million. Tourism recovery marketing efforts have included the "Stay Mountain
Strong" campaign, holiday packages and shopping campaigns, and
stakeholder support.
Board of Trustees — October 8, 2013 — Page 4
3. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE. Director Zurn presented a project update stating both projects
continue to move forward as of September 30, 2013. Staff has worked with
Dohn Construction to negotiate change orders related to additional expenses
and delivery charges since the flood. The Town has agreed to an additional
$20,000 per month in fees. It has been agreed to review the costs and
strategies for modifying work and work schedules monthly as access
conditions change. Both projects have been delayed and are now estimated to
be complete in April 2014. The stall barn perimeter metal siding has been
completed with the final roof panel placement to be completed in a few weeks.
The MPEC foundations are complete, underground utility work and plumbing
nearing completion, and steel placement to begin within the week.
4. LIQUOR LICENSING & VIOLATION GUIDELINES.
The Town Board requested input from both liquor licensees and the public on
licensing practices and violation guidelines prior to establishing revised
guidelines. Those speaking on behalf of licensed establishments included
Steve Nagl & Ty Nagl/Wheel Bar, Ian Lane/Stanley Hotel Food and Beverage
Manager, Keith Johnson/Cables Pub and Grill, and Morgan Mulch/Mary's Lake
Lodge. Comments have been summarized: in favor of local control that is fair
and utilizes common sense; the formation of a separate liquor license board
comprised of Town Board member and local business owners to hear new,
transfer and show cause hearings; an understanding that human error occurs
and should be considered when reviewing compliance check violations;
recommend a warning or fine in lieu of closing a business for a first offense;
progressive fines for multiple offenses; consideration of the type of business,
i.e. small business versus corporation and bar versus a 3.2% license that can
still operate while serving a suspension; all businesses should be subject to
compliance checks equally; closure of businesses negatively affect local sales
tax collection and scheduled events such as weddings; fines collected for
violations could be used for educational programming; provide rewards or
credits for businesses that pass compliance checks; provided incentives or
rewards for businesses that send employees to trainings and for maintaining
training efforts; require all liquor establishments to develop and file Standard
Operating Procedures (SOPs); require TIPS training for permanent staff and
online training for seasonal staff before they can sell alcohol; creation of a
local association for liquor establishments; each case should be reviewed
independently considering the type of business, the violation that occurred,
and mitigating factors such as training; the Town should consider the language
and value differences of international seasonal staff that work in Estes Park
and would advocate for personal training rather than online training; would
encourage the Board take into account the affect a closure has on a small
community; more access to TIPS training would be helpful; there should be
more emphasis placed on the employee causing the infraction rather than the
business unless there are multiple infractions at the business; and recommend
a change in state law to allow an establishment an annual pass if a violation
occurs.
Lindsey Lamson/Lodging owner stated the guidelines should be consistent, fair
and consider the economic impact to the community. He would support local
control and review of violations to the state liquor code. He would not support
penalties that are more punitive than those outlined in the state law. The affect
is punitive against the entire community as a whole and not just the business.
Johanna Darden/Town citizen stated she would support additional checks on
liquor licensed businesses with costly penalties for businesses that fail
compliance checks. She would advocate for firm guidelines to secure the
safety of the community.
5. ORDER OF AGENDA ITEMS.
Z,
oandofTrustees — October 8.2013—Page 5
The Board discussed the order of agenda items and requested action items
with a great deal of public interest should be discussed earlier in the agenda.
After further diuoueaion, it was determined to review each agenda and
determine the order nfitems on the agenda; huwevar, it was agreed to move
reports including the Town Board comments and the Town Administrator report
tothe end ofthe agenda.
4. l�-EQUESTTOENTErEXECUTIVE SESSION:
It was moved and seconded (B|eckhuroUKnunig) to enter Executive Session
for the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24-0'402(4)(e), PERA
Agreement, and itpassed unanimously.
It was movem, and seconded (B|aokhumt/Koenig) to extend the meeting to
11:00 p.m., and it passed with Trustee Ericson voting "No".
Mayorpinkhum called a break atA:4O p.m. and reconvened the meeting at0:50
p.m.0uenter into Executive Session.
Mayor Pinkhamreconvened into regular session st1O:35p.m.
5. A
�1)
DITIONAL ACTION ITEM:
1. PERA AGREE ENT.
For the past year staff has been reviewing the benefits provided to all
employees. Staff completed a thorough review of the \CMA and PERA
retirement plans. In May of this year staff brought forward action to increase
|CMAcontributions 0o match those paid to PERA accounts and to drop FPPA
coverage for the dispatchers because they did not meet the qualifications as
member. With the removal ofFPPAcoverage inMay, the dispatchers became
eligible for membership in PERA, and thorefore, required to move to PERA by
state statute. As some of the dispatchers have been in |CMAfor a number of
years and may be doao to ra1irement, it was n000aeory to provide dispatchers
a choice on moving to PERA. Thenafopy, staff and Attorney White began
discussions with PERA to develop an agreement allowing the qualifying
members to make a one-time election to either move to PERA orstay with
ICK8A. During these discussions it was discovered there were Police civilian
staff that should have been included in PERA rather than |CK8A, and that
individuals hired as senior management were placed in |CMA without the
proper opportunity to elect PERA retirement. Therefore these two classes of
employee have also been added to the agreement. The agreement would
allow the affected employees one-time offer to change retirement plans and
move from ICMA, a defined contribution plan, to PERA, a defined benefit plan.
Mayor Pro Tern B|aokhurstoomm*ntad he lacked the financial information to
make aresponsible informed decision and would not support the agreement. It
was moved and seconded (Brod/Koonig)tnapprove the PERA agreement,
and itpassed with Mayor Pro Tern B|aokhuratond Trustee Ericson voting ''Nu^
Whereupon Mayor Pinkham adjourned the meeting at William C. Pinkham, Mayor
J'A�ckieWilliamson, Town Clerk