HomeMy WebLinkAboutMINUTES Town Board 2013-08-27Town of Estes Park, Larimer County, Colorado, August 27, 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 27th day of August, 2013.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Cynthia Deats, Deputy Town Clerk
Absent: Town Administrator Lancaster
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.
Charley Dickey, Town resident, said hosting the bike race presented a multitude of
unknown factors including unpredictable attendance and economic impact, and
announced that a community -wide survey related to the impact of the race is being
circulated the results of which will be made available to the Town Board. Mayor
Pinkham said that the Town wants to hear comments regarding the race in order to get
a better understanding of the situation.
Adam Shake, Town resident, provided positive comments on the bike race and read
examples of Facebook posts and Twitter tweets that indicated that the positive
comments outweighed the negative comments 1,000 to one. He said that while
business was down for some businesses on race day, others were up by 13%, and said
the bike race can be used as a springboard for a more vibrant economic future.
Nick Molle, County resident, said the documentary Birds Without Borders was accepted
by American Public Television for broadcast on PBS. He said the documentary was
filmed on location in Colorado and Costa Rica and made possible through the efforts of
Rocky Mountain National Park staff, the Sister City organization, and the Town's
relationship with Monte Verde, Costa Rica. The program will begin airing in the Spring
of 2014.
Steve Nagl, Town resident, said he was hopeful that the television coverage of the USA
Pro Challenge would provide good long term exposure for the Town, but said Estes
Park was rarely mentioned during the broadcast. He said the Town cannot do this
again and suggested Town Administrator Lancaster send out memos to other
municipalities stating that the event does not provide much bang for the buck.
Tony Paglia, Town resident and owner of Local's, stated that downtown parking and
access was shut down too early, noting that his business took an economic hit on
Thursday evening, Friday, and Saturday.
Philip Tulin, Town resident, said that he spoke with over 60 business owners over the
past few days, all of whom commented that the loss of revenue related to the bike race
Board ofTrustees — August 27.2V13—Page 2
was astronomical. He asked that the Town conduct sincere evaluation related to the
value ofthe event.
Toni Miller, Town resident and owner of Indian WUago, said that on Saturday, Town
west of Bond Park was like o ghost town. She recalled that business was bsnib|o in
past years when the Coors Classic and the Red Zinger bike races were held in Estes
Park. She noted that business was also slow onFriday due tothe parking closures.
Loin Smith. Town resident and owner of the Baldpate Inn, thanked the Town for its
offorts, but said business in the anoua outside of Town were a disaster. She said
focusing |eao on road closures and more on the scheduled aodvih*o may have
produced better results
Tony BielatCounty resident, said lessons were learned and commended the Town for
trying something new to raise awareness and bring more people to Town.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson said he looks forward to getting the report from Partners for Commerce
related to the USA Pro Challenge. He reminded the public that this is only the third
year of the race and that municipalities are learning how to deal with the situations it
pnaoonta in participating communities. He said the Economic Development Council in
up and running and said he looks forward to seeing the results of the Counci[o efforts
over time.
Trustee Phipps attended the meeting of the Lahmor County Open Lando Advisory
Board on August 22'. Highlights of the meeting included: u continuation of efforts to
piece together a trail from the bonder of Now yWoxiou to Wyoming along the Front
Range, at an average uuot of $500.000 per mile; approximately 12 miles of trail around
the Loveland area are in the pmoeeo of being completed, and 32 miles of trail around
Fort Collins with a goal of connecting the Loveland and Fort Collins trail systems;
usage of the Horaehaoth Reservoir roonuedon area has been beyond capacity this
summer and work isunder way toincrease parking areas, oignagoand trails; the Open
Lands staff administers 14 recreation and open lands areas in the county which are
receiving more and more usage; conservation easements within the county are being
pursued; a firm from North Carolina will oouiy\ with restoration of river bluff areas
including removing invasive vegetation; and construction of the Chimney Hu||ovv
Reservoir to be located west of Loveland is proposed to take place 2016 through 2019.
Mayor Pro Tem Blaokhurst noted that the last week of August is historically a slow
week and said that was motivation to participate in the USA Pro Challenge. He
thanked all those invo|ved, including staff, security officers, and call center personnel,
for the amazing, coordinated effort that was put forth onthe event. Horeported that the
Estes Park Housing Authority(EPHA) recently made a %100.000 payment against u
loan that was taken out to purchase 30 senior housing units. He noted that original
loan amount was $20 million and said the balance of the loan is currently $212.008.
adding that EPHAcontinues 0zwork to retire the debt.
Trustee Koenig said the VVastunn Heritage annual meeting will be held next month at
which officers and members of the board will be selected and invited anyone interested
to attend the meeting
Trustee Norris reported that Visit Estes Park received national certification as a
destination marketing organization, and said the next board meeting of Visit Estes Park
will be held on September 17. 2013. at p.m. and is open to the public. Work is
underway on the 2014 Operating Plan and itinexpected to be ready to present to the
Town Board by the end of September. He thanked etadf, vu|untmere, and buoinooaoe
involved with the USA Pro Challenge stating that, despite disappointing economic
renu|te, the race went smoothly. He said a meeting will be held with regional agencies
to debrief about the event and encouraged the community to continue to comment on
Board of Trustees — August 27, 2013 — Page 3
TOWN ADMINISTRATOR REPORT.
1. MPEC Marketing — Assistant Town Administrator Richardson said Johnson
Consulting is in the process of drafting a Request for Proposal (RFP) for a firm
to market the MPEC and the conference center both as a package and
individually. The RFP should be complete in approximately four weeks. In the
interim, a sales person will be brought on staff to start promoting and selling the
MPEC.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 13, 2013, and Town Board Study Session
Minutes dated August 13, 2013.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, August 8, 2013.
1. 2013 Freightliner M2106 single axle dump truck, Transwest Truck,
$130,871 — Budgeted.
4. Estes Valley Planning Commission Minutes dated July 16, 2013
(acknowledgement only).
5. Tree Board Minutes dated July 18, 2013 (acknowledgement only).
6. Audit Committee Minutes dated August 7, 2013 (acknowledgement only).
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. SHOW CAUSE LIQUOR HEARING FOR SAFEWAY STORES 46, INC., DBA
SAFEWAY STORE NO. 920, 451 WONDERVIEW AVENUE, 3.2% BEER OFF
PREMISES LIQUOR LICENSE.
Town Clerk Williamson stated that although a show cause hearing was set to
occur at the meeting, Safeway Stores 46, Inc., dba Safeway Store No. 920
entered into a Stipulation Agreement which she presented to the Board. A
violation of the Colorado Liquor Code occurred on July 25, 2013, when an
employee of Safeway sold alcohol beverages to an underage individual. The
violation was the second in one year, as a similar violation occurred on August
3, 2012. The Stipulation Agreement, as written, calls for a 30-day suspension,
with 21 days served and nine days held in abeyance. The administrative action
for the 2012 violation was handled by the State Liquor Enforcement Division and
allowed Safeway to pay a fee in lieu of serving an active suspension. It included
ten days of suspension held in abeyance if a second violation occurred within a
year, however, since the Town of Estes Park is handling administrative action for
the current violation, the State's days in abeyance will not be imposed. Steve
Lee, attorney for Safeway, Jay Gomez, Safeway District Manager, and Edward
Martinez, Store Manager were all present at the meeting. Mr. Lee stated that
Safeway is disappointed in their employee and that per union agreement, the
employee cannot be fired for a single violation. The employee charged with the
violation has been placed on a two week suspension without pay. He said that
the employee had been properly trained but chose to make the sale and
manually override the Point of Sale (POS) machine technology that could have
stopped the transaction from occurring. Mr. Gomez stated that following the
violation, Safeway has implemented changes that include the inability to override
the POS machine liquor lock function; hiring of an outside company to
Board of Trustees — August 27, 2013 — Page 4
periodically conduct in-house stings to ensure compliance with liquor laws;
provide TIPS training conducted by Safeway's in-house certified trainer; ensure
that the policy to card anyone who appears to be under 30 years of age is
followed; and the store manager will meet individually with his employees.
Discussion is summarized: an Under 21 Colorado driver's license is vertical
rather than horizontal and clearly indicates the individual is underage; the
suspension should be served at the same time of year that the violation occurred
to impose the greatest financial impact as was discussed in regard to the
violation in 2012; the financial impact in September will be similar to the financial
impact during July; to delay the suspension until July 2014 would take away the
immediacy of the punishment and the opportunity to impress upon employees
the seriousness of the situation; and Safeway admits that the violation occurred
and will accept punishment. It was moved and seconded (Norris/Koenig) to
approve the Stipulation Agreement with Safeway Stores 46, Inc., dba
Safeway Store No. 920 extending the days served to 30 days. The
Stipulation Agreement would be modified, with the suspension beginning on
September 3, 2013.
Mayor Pro Tem Blackhurst and Trustee Ericson both commented that a 30-day
suspension is overly punitive and that a suspension of that length is not
warranted at this time. A substitute motion was made. It was moved and
seconded (Blackhurst/Ericson) to approve the Stipulation Agreement with
Safeway Stores 46, Inc., dba Safeway Store No. 920 as presented with 21
days served and 9 days held in abeyance.
Johanna Darden, Town resident, expressed concern that the Safeway employee
made a conscious choice to sell alcohol to an underage individual and that an
unpaid two week suspension was not an adequate penalty. Trustee Elrod stated
that the employee was also charged individually and has a separate court
hearing on September 5, 2013 in district court.
The Board voted on the substitution motion and to approve the Stipulation
Agreement with 21 days served and 9 days held in abeyance, and it failed.
Those voting "Yes" Mayor Pro Tem Blackhurst and Trustee Ericson. Those
voting "No" Trustees Elrod, Koenig, Norris, and Phipps.
The Mayor called for a vote on the original motion to approve the
Stipulation Agreement extending the time served to 30 days, and it passed.
Those voting "Yes" Trustees Elrod, Ericson, Norris, Koenig, and Phipps. Those
voting "No" Mayor Pro Tem Blackhurst.
2. SHOW CAUSE LIQUOR HEARING FOR BOWL FORT COLLINS LLC DBA
CHIPPERS LANES ESTES PARK CENTER, 555 S. ST. VRAIN AVENUE
TAVERN LIQUOR LICENSE.
Town Clerk Williamson presented a Stipulation Agreement with Bowl Fort
Collins, LLC related to a liquor violation that occurred on July 25, 2013, when an
employee of Chippers Lanes Estes Park Center sold alcohol to a minor. The
establishment had a previous violation of the same type in January of 2011, for
which the administrative action was handled by the State Liquor Enforcement
Division. Matthew Hoeven, owner, indicated to staff that he would forego the
show cause hearing, preferring to enter into a stipulation agreement with the
Town which proposes a 21 day suspension with ten days served and 11 days
held in abeyance for one year from the date of the agreement. The owner
requested that the suspension begin on August 29, 2013, and run through
September 7, 2013. Town Clerk Williamson stated that, for purposes of penalty,
the offense is being considered a first offense, however the violation in January
2011 was considered in regard to the number of suspension days to be served.
Mr. Hoeven said he is the managing member of five bowling alley locations, as
well as the Mishawaka amphitheater in Larimer County and that other than the
Board of Trustees — August 27, 2013 — Page 5
violation in January 2011 mentioned earlier, no violations have occurred over
the past ten years at any location. He said he is proactive about training
employees and has monetary incentives in place for employees who confiscate
underage or fake IDs and pass compliance checks. Denny Brown, manager of
the Estes Park Center, said that he and his employees care about the
community and work hard to create a family -friendly establishment. He said the
associate's employment was not terminated, as he is considered to be a
valuable employee who takes pride in his work and goes above and beyond to
provide good customer service, however, he will be required to serve a two -
week, unpaid suspension from work. In addition, the employee has agreed to
explain how the violation occurred and how it has affected his life to other
employees of the company, in an attempt to create a positive training experience
from this otherwise negative event and help others learn from his mistake. Mr.
Brown stated that operational changes include, but are not limited to: all
employees will be TIPS trained within 90 days of starting employment, the bar
will not be open unless there are at least two employees on duty and one of
them has been TIPS trained; customers will be carded at the point of purchase;
and better methods of communication will be established between the bar and
the front desk. He stated that not all employees at the bowling alley are 21
years of age, however, Colorado law allows an employee who is 18-20 years of
age to serve alcohol beverages if under the supervision of a 21-year old who is
on the premises. Board discussion is summarized: the last violation was two
years and seven months ago so the violation is being viewed as a first offense;
thank you for explanation of situation and using the event as an outreach
opportunity for other employees; and similar to the restorative justice model. It
was moved and seconded (Blackhurst/Phipps) to approve the Stipulation
Agreement with Bowl Fort Collins, LLC dba Chippers Lanes Estes Park
Center for a 21-day suspension with ten days served and 11 days held in
abeyance, and it passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. MULTI -PURPOSE EVENT CENTER (MPEC) & STALL BARN
CONSTRUCTION UPDATE.
Engineer Ash reported that concrete work is ongoing with forms and concrete
for the event center foundation walls about 75% of the way around the
building. The steel for the event center has arrived and is on site. Staff is
working with Xcel Energy and Platte River Power Authority (PRPA) to bring
gas and fiber into the building. Upon inspection the sanitation district
discovered pipework that did not meet its criteria which will require a few hours
to readjust and reconnect. Crews are beginning to place the stall barn roof
panels and the contractor is confident the construction schedule can be met.
Trustee Elrod asked if the fiber being installed is the fiber optic blue ring. Dir.
Bergsten said the fiber could be PRPA's or it could be a lateral line that was
installed in partnership with the school district. He said he would clarify the
fiber situation as well as provide information about the grandstand connection
and wifi at the fairgrounds, and provide his findings to the Board. Dir. Winslow
reiterated that an RFP to hire a marketing firm is being drafted by Johnson
Consulting. He said a portion of the start-up money contained within the
MPEC construction budget will be used to fund a temporary sales position to
get information out in the public and start selling the facility. Trustee Norris
suggested that Rocky Mountain National Park may be interested in using the
facility for events scheduled in conjunction with the 100th anniversary of Rocky.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
Board of Trustees — August 27, 2013 — Page 6
A. SUPPLEMENTAL CON0OK8UHKJK8 MAP #2. The Meadow
Condominiums, 311 &315 K]owa Dhve, Marys Meadow Development,
LLCiApp|iount
B. AMENDED PLAT, Lot7. Lake Pines Subdivieiun, 625 Community Drive,
David K8odeh/4pp|icant.
It was moved and seconded(Blockmrst/Phipps) the Planning Commission Consent
Agenda be approved, and it passed unanimously.
5. ACTION ITEMS:
1.CLASG|FICATION & COMPENSATION POLICY 301 & 2014
COMPENSATION PLAN.
In April 2013. ESM Consulting, Inc., was hired to conduct comprehensive
review ofclassification and compensation for Town positions. In conjunction
with the study. a Classification and Compensation Policy has been drafted
which outlines how the Town will classify job positions and compensate
employees moving forward. The policy moves away from the Cost ofLiving
Adjustment (CC)LA) system used in the paat, to a quantifiable market -based
process that will be reviewed annually prior to the budgeting pmoann. The
market -based process will only affect base pay schedules and ranges; merit
increases no|otod to job performance will be based on whether o merit pool is
approved by the Bound during the annual budgeting process. If adopted, the
new policy would replace and supersede existing Board policy related to
employee compensation. Trustee Elrod noted that ''Exhibit A^ of the policy
does not include salary ranges for several categories of employees including
judicial and seasonal positions. Dir. Williamson stated that not all pay ooa|en
are complete at this time. That being the case, Trustee Bvud proposed
removing the reference to "Exhibit A" within the policy and replacing it with the
following: "Classification and salary range tyb|aa will be prepared and
adjusted from time totime aonooeauary."
Bic Marburgur BSM Consulting, stated that the classification and
compensation revmw, which will establish pay structures that are competitive
within adofined market, is nearly complete. He said that each position has
been reviewed and staff is comfortable with the market data provided and how
the positions have been classified. During the review process, questionnaires
were completed by each emp|oyee, meetings with focus groups were ha|d, and
job descriptions were reviewed and updated. The updated job descriptions
were necessary to ensure that jobs were "apples to app|es^ when being
compared to positions in the market area. With the market data oo||octed.
Town positions were organized into five job fami|ion, with a pay scale
containing a minimum, midpoint, and maximum developed for each job family.
This creates the ability to adjust job families diffenenMy, based on market
factors in the future. He said the percentage of adjustment varies from O% to
over 596, howovor, overall the average employee increase is 3.95%. fora total
increase inwages of$2O5.00Ofor 2014.
It was moved and seconded (B|aokhurstXEhoaon)toextend the meeting until no
later than 10:30 p.m., and it passed with Trustee Koenig abstaining from the vote and
all others voting "Yes".
Mayor Pro Tern B|aokhurstexpressed concern related tothe entry level pay for
the technical, profemsiona|, and administrative pooitiono, stating itiabarely a
living wage for the community and encouraged staff to take a look at this. He
said the policy may need tobeamended 0oincrease these levels above market
because housing is not readily available in the price range affordable for those
inthat segment ofthe pay scale.
BoardofTnuetoes—Auguot 27,2V13—Page 7
|twas moved and seconded (Ehoaon/Nonin)hoapprove Classification and
Compensation Policy 301 and the 3014 Compensation Plan. Trustee
Elrod requested to amend the motion to remove the last sentence of
Section 301.4.3 and replace it with the following: "Classification and
salary range tables will be prepared and adjusted from time totime as
necmsmary.''.and itpassed unanimously.
Mayor Pinkham recessed fora five minute break at0:57 p.m, and the meeting resume
2. ACCRUAL 8FMAJOR MAINTENANCE COSTS POLICY 900.1.
Dir. Bergnkan presented a policy, exclusive to the Enterprise Funds, that would
allow for the anoue| of monies to be set aside for large expenses related to
routine maintenance projects. Monies would be accrued annually and
earmarked for maintenance projects which would provide the benefit of
stabilizing utility nytmm rather than creating a financial burden in the years that
large maintenance projects must boconducted. Two large projects that would
fo|| into this category are the replacement of filter media at Glacier Water
Treatment Plant at an estimated cost of $150,000 which occurs every 15 years,
and membrane replacement at Marys Lake Water Treatment plant at an
estimated cost of$900.000 which occurs ovary 12 years. Mayor Pro Tom
B|aokhumt said the policy makes oenne, but voiced a concern about unfunded
liabilities and how the aoorun|a will be no8edod in the Town'e accounting
records. Finance Officer McFarland said that the policy would only affect the
Enterprise Funds and would follow the regulations set forth in the
Governmental Accounting Standards Bound (GASB)a000unbng rule 82which
is exclusionary to standard praohuoa, with the accrued monies being
segregated out of fund balance for utilization on large maintenance projects.
He said the accrual will be an apportionment of surplus to pre -fund large
maintenance projects rather than a liability and will not affect the Town's bond
rating or debt aan/ico coverage. It was moved and seconded
(Blackhurst/Norris) for adoption of the Accrual of Major Maintenance Costs
Po|ioy0OO.1 as pmoomn*ad, and it passed unanimously.
3. PROBLEM STATEMENT: ESTES VALLEY DEVELOPMENT CODE TEXT
AMENOK8ENT, CONCURRENT REVIEW AND PROMULGATING
PROCESSING SCHEDULES.
Dir. Chi|oottpreoentad a problem statement to be utilized in drafting revisions
to the Estes Valley Development Code to establish processing schedules for
na|sked development applications and clarify staff authority to determine
appnnpho0o review schedules. The approval of the problem statement would
give policy direction to the Estes Valley Planning Commission (EVPC) to begin
work ondrafting the code amendment. The Board's discussion iosummarized:
the problem statement will be reviewed with the County Commissioners in
September; consider giving staff authority and flexibility to determine the best
review schedule to ensure proper review is done; previous study session
discussion focused on requiring review bythe Planning Commission prior to
Board of Adjustment (BOA) review and a very sequential process for every
application; objective ioto standardize the pm0000� creating a hard and fast
policy may result in unintended consequences; a decision made by the BOA
prior to review by EVPC may place unrealistic expectations and pressures on
the Planning Commission; and big problem with EPIC was that there was not
concurrent submittal of applications (no development plan or special review
application.) Attorney White said u||uvving BOA review prior to EVPC review
could pose a problem by creating a situation whereby BOA approval and
conditions ofapproval may be vetoed by the Board. He said by not going
through the proper process the Board faces the possibility of making a
decision that would overturn a BOA approval. The BOA should serve ooa
limited body to hear variances when they are necessary and defined by a
Board of Truotwea—Augu,t 27.2U13—Page 8
complete development plan orspecial review. The Board requested that staff
re -write the problem statement to state that Development Plans and Special
Reviews aheU be reviewed by the Planning Commission prior to the Board of
Adjustment and bring it back to an upcoming Town Board meeting for
additional discussion. In addition, Trustee Elrod noted that the problem
statement should be a collaborative effort between the Town Board and the
County Commissioners since itisdealing with the Estes Valley Development
Code. Dir. Chi|oott stated that in the paa\, problem statements have been
reviewed and approved bythe Town Board, County Cnmminsionom, and the
Planning Commission, prior to beginning work on u draft. The Bound tabled
the item.
Whereupon Mayor Pinkham adjourned the meeting at 10:30 p.m.
iUiamC.Pinkhom.Mayor