HomeMy WebLinkAboutMINUTES Town Board 2013-08-13Town of Estes Park, LarimgrCounty, Colorado, August 13.2013
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, LahnnerCuunty Colorado. Meeting held inthe Town Hall insaid Town
of Estes Park on the 13' day of August, 2013.
Also Present:
William CFinkham.Mayor
Eric Blaokhurst.Mayor Pro Tern
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
LovvmU Riohordson, Assistant 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.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS /LIAISON REPORTS.
Trustee Norris commented the Economic Development Corporation held their first
organizational meeting with over 30 investors attending. The corporation would
organize as a nonprofit corporation focused on business rotonhon, expanoion, and
recruitment in the Estes Valley. He commented on the current opening on the Local
Market District Board and encouraged interested individuals to apply. The Bear
Education Task Force reminds people to du their part to protect the bears by keeping
trash and other attractants away from bears. Waste K4anegemant, on their own
initiative, replaced Lonigan'n dumpster with a bear -resistant dumpstor after o bear
entered the establishment recently. Other examples ofbear awareness include over 80
local businesses signing o pledge to reduce conflicts with bears; yWooso|yT's is selling
"Estes Cares About Baara" shirts with a portion of the proceeds going toward the
purchase of additional bear -resistant containers downtown; and Rooky Mountain
Chocolate Factory donated o1.5OOtosupport the Task Force.
Trustee Koenig promoted the Rooftop Rodeo royalty tryouts for wranglers, attendees
and the queen on August 25~. 9:00 a.m. a' the Fairground hosted by Rooftop Rodeo
Queen Michelle Claypool.
Mayor Pm T*m B|ookhuntstatod the Housing Authority would hold its monthly meeting
Wednesday, August 14, 2013 in Room 203 at 830 a.m.
Trustee Phipps stated the LahmerCounty Open Lando Board has completed a county
wide survey to doh»nnino the acquisition of new lands and the purpose offuture
purchaneo, i.e. recreational, open lands, etc. The final report would be completed later
this month with apresentation 0othe Town Board inSeptember.
Trustee Ehuoun reported the Audit Committee met and received a report from the
Tovwn'o investment advisor outlining the Town continues to do as well in the market
place as possible. The Committee also discussed the audit report and the findings.
Board ofTrustees — August 13.2O13—Page 2
The Community Services committee meeting would beheld
on August 22, 2013 at 8:00 a.m. in the Board room.
Mayor Pinkham commented the Town Board and staff attended the topping off
ceremony for the new stall barn last Friday. He commended the Town Board and staff
for finally moving forward with a project that has been discussed for 30 or more years.
The Mayor would attend the Mayor's Challenge in Grand Lake this weekend with
proceeds from the event to benefit Estes Valley Investment in Early Childhood
Success.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated July 23. 2013 and Town Board
Minutes dated July 23 2013.
2. Bills.
3. Committee Minutes:
Community Development / Community Services, July 25.2U13.
4. Estes Valley Board of Adjustment Minutes dated July 2, 2011(acknowledgement
5. Resolution #1413—Scheduling aShow Cause Liquor Hearing for Caf6dePho
Thai Inc., dba Caf6de PhoThai. 225 W. Riverside Dhve, Tavern Liquor License
onSeptember 10.2013.
6. Resolution #15'13—Scheduling aShow Cause Liquor Hearing for EPResorts
Inc., dba Marys Lake Lodge, 2625 Marys Lake Road, Tavern Liquor License on
7. Resolution #16-13 — Scheduling a Show Cause Liquor Hearing for Everest
Kitchen LUC, dba Famous EaatadoGrooereo. 381 S. St. VrainAvenue, 3.2%
Beer Off Premises Liquor License nnSeptember 1O.2013.
8. Resolution #17-13—Scheduling aShow Cause Liquor Hearing for Rocky
Mountain Pharmacy ofE.P, Inc., dba Rooky Mountain Pharmacy ufE'F!. 453 E.
VVondomiew Avenue #1. Liquor Licensed Drug Store Liquor License on
September 1U.2O13.
0. Resolution #18-13—Scheduling uShow Cause Liquor Hearing for Deer Ridge
Inc., dba National Pork Village South, 900 Moraine Avonuu, 32% Boer OM
Premises Liquor License unSeptember 1O.2O13.
10. 10. Resolution #19-13 — Scheduling a Show Cause Liquor Hearing for Safeway
8bonma 48 Inc., dba Safeway Store No. 920. 451 VVondorviemAvenue. 3.296
Beer Off Premises Liquor License on August 27, 2013.
11.Ruso|ution #20-13 — Scheduling a Show Cause Liquor Hearing for Bowl Fort
Collins LLC dba Chippers Lanes Estes Park Center, 5558, St. Wain Avenuo,
Tavern Liquor License onAugust 27.2U13.
12. Resolution #21'13 —Appointing Jerry Roselle to Perform Show Cause Hearings
related to compliance checks conducted on July 25, 2011
13.Pork R-3 School District School Resource Officer Agreement for2O13-2O14
Board of Trustees — August 13, 2013 — Page 3
Trustee Elrod requested the removal of Consent Items 5-12 for further discussion. It
was moved and seconded (Norris/Phipps) to approve the Consent Agenda Items 1-
4 and 13, and it passed unanimously.
CONSENT AGENDA ITEMS 5-12.
Trustee Elrod stated the items are related to Show Cause Liquor hearings for liquor
establishments that have failed a recent compliance check and the hiring an attorney to
prosecute the hearings. Last fall the Board, as the liquor licensing authority for the
Town, requested the administrative action for liquor violations be handled locally rather
than by the state. He stated in order for the Board to have more control the guidelines
currently in place need to be retested and reviewed. He commented the current
guidelines are not a policy and that a policy on how to address violations and
stipulation agreements should be developed to provide staff with clear direction. He
suggested all 7 violations should be brought forward as Show Cause hearings in order
to treat each licensee the same and render a decision by the Town Board.
Trustee Koenig stated the individual selling to the underage operative is cited into
County court in addition to the penalties served by the liquor establishment. She
commented the Board directed staff in the fall that future violations were to be reviewed
by the Town and not the state in order to take a vital role and be proactive in
addressing violations locally. The stipulation guidelines are a policy and the Town
needs to offer the licensee the option to stipulate.
Town Clerk Williamson clarified the current guidelines provide staff to option to
negotiate a stipulation agreement with a licensee, and it has been the Board's desire in
the past to have first offenses negotiated and a stipulation agreement presented for
consideration. It was staff's decision to offer the opportunity to negotiate a stipulation
agreement with 5 of the 7 licensed establishment as it was their first offense under the
current ownership or the first offense with the Town in some time.
Trustee Phipps agreed a new policy should be developed and reviewed by the Board
and he would recommend addressing the current violations before developing a new
policy. Mayor Pro Tenn Blackhurst concurred the Board should address the current
violations with the policy/guidelines in place and develop a new policy over the next
several months. Trustee Ericson agreed the main issue was timing with the process of
the violations and the timing of when violations were served. Norris expressed his
concern with the number of violations and repeat violations. Trustee Elrod questioned
if the Board could require the Licensee to serve a penalty in July the next year, and
could the cost of hiring an outside attorney be passed on to the Licensee.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
Items 5-12, and it passed with Trustee Elrod voting "No".
2. REPORTS AND DISCUSSION ITEMS:
1. MULTI -PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE. Director Zurn reported the final elements of the structural steel for
the stall barn was placed in a topping out ceremony. The project moves
forward with the installation of exterior panels to begin closing in the barn. The
foundations for the MPEC are moving toward completion and the structural
steel has started to arrive on site. The project continues to be on schedule for
delivery in February and on budget.
Assistant Town Administrator Richardson updated the Board on the marketing
efforts for the MPEC, stating Johnson Consulting recommended an outside
agency be used to market the facilities at the fairgrounds and the conference
center. An RFP continues to be developed by Johnson Consulting with a
timeline of 6 weeks for the completion and submittal of proposals. The outside
Board ofTrustees — August 13.2013—Page 4
consultant would be used moving forward to market the facilities. Director
Winslow stated the goal remains to have an event in the facility by April.
Mayor Pro Tern B|ackhunst confirmed with staff that anopen house has been
budgeted to invite the community and front range communities that may be
interested in using the facilities.
2. VISITOR CENTER TRANSIT (PARKING) STRUCTURE PLANNING
PROCESS. DiectorZum stated the $4.6 million project funded by grants
and Town matching funds has obtained the proper environmental demnsnoe,
therofone, the project can move forward to the design phase. The Board
approved an accelerated review process at the July 0. 2013 meeting. The
public pmcoao would be inclusive and open to public input throughout the
pnooeoe, would provide the Town Board with immediate information for
decision makinQ, fast -track the approval prooaun, involve stakeholders in the
design phase early and make the facility available for use by the public sooner
than the current review process used for development. A 3 day design
ohonette meeting would be held on September 4. 5 and 0. 2013. The
facilitator would develop a detail schedule of the public process; at the and of
the 3 day pmoeno a schematic design would be presented to the Town Board
for approval; a preliminary design would be developed and submitted to the
Planning Commission for review and approval; once approval has been
received the final construction documents would be developed; o construction
RFPwmu|d be submitted; an award of contract would be approved by the
Town Board; and construction would begin. The 3day public process would
include onday 1 the determination ofbuilding uses, physical constraints, and
possible configurations; day 2—public and stakeholders would be invited to
comment on schematics during the morning eeooion, selection of
optiuns/a|turnahvao, and formal public comment would be received by the end
of the day; day 3 — consultants would narrow down schematics to one option,
provide schematic, elevations and floor plans, and ameedng inthe evening
would allow the Planning Commission an opportunity to provide a formal
opinion onthe schematic tothe Town Board. The meetings would botelevised
for the public toreview the process.
Tmo$*a comments have been summarized: Mayor Pro Tom B|ackhurst and
Trustee Koenig raised oonoam of the time commitment required by Trustees
and Planning Commissioners; Trustee Koenig stated the intent was to have the
public help design the building and the current process does not allow them
input until after the building is designed; the board requested allowing the
public input on day one during the design of the building with respect to
aesthetics; an outlined agenda with dmeframea an to when the Board and
Planning Commission would need to attend the three day meetings; and the
formal decision on the schematic design would take p|000 at the regular board
meeting onSeptember 1O.2O13.
3. PRO -CYCLING CHALLENGE UPDATE. Director Winslow provided a review
of the nano oourse, aid ntakunn, water stadona, positioning of police and lire
pensonno|, parking areas (Lot4 behind 3ofowmy), family viewing area, ahutt|eo,
road dosunon. Bond park avnntn, timing of the ryce, and other events during
race day. He stated the event would bring significant exposure Vz the Town
from over 180 countries inwhich the race would be broadcast. He reiterated
the road o|onuren, d*0ouro, inova000d security, and large crowds of spectators
for the entire day. with many arriving the days in advance of the race to stake
out prime viewing opportunities.
3. ACTION ITEMS:
1. ESTES VALLEY PLANNING COMMISSION APPOINTMENT.. Director
Board ufTrustees — August 13.2013—Page 5
resignation of Commissioner Tucker. The position was advertised and
interviews were held. The interview team recommends the appointment of
Charley Dickey to oomp|ohy Commissioner Tucker's term. It was moved and
seconded (Ehoaon/B|aokhurst) to approve the appointment of Charley
Dickey to the Estes Valley Planning Commission for a term expiring
December 31.2U15.and itpassed unanimously.
2. U0DINTERVIEW COMMITTEE, ESTEGPARK ECONOMIC DEVELOPMENT
CQQPORAT|ON, NORTHERN COLORADO ECONOMIC DEVELOPMENT
CORPORATION &COMMUN[[Y SERVICE GRANT REVIEW COMMITTEE
APPOINTMENTS. Administrator Lancaster stated the Board policy states the
full Board shall approve the designation ofany trustee ordesignee serving on
behalf ofthe Bound on any outside committee or board interview committee.
The Board needs to approve the inkanimm committee for the upcoming
vacancy on the Local Marketing District Boand, positions on the newly formed
Estes Pork Economic Development Corpnmdon, the review committee for the
2014 Community Services Gnunts, and an ex-offioio representative on the
Northern Colorado Economic Development Corporation duo to the financial
support provided bythe Town tothe group.
It was moved and seconded (Brod/B|ackhurst) to approve the appointment
of Trustee Norris, Trustee Phipps and Town Administrator Lancaster to
the Local Marketing District interview committee' and it passed
unanimously.
Grog Roaenor/Town citizen and Economic Task Force member commented the
Economic Task Force and three cfthe major Economic Development Directors
inColorado recommended the appointment oftwo members bythe Town tothe
Estes Park Economic Development Corporation.
bwas moved and seconded (Bmd/Ehcson)toapprove the appointment of
Mayor Pinkham and Town Administrator Lancaster to the Estes Park
Economic Development Corporation, and itpassed unanimously.
It was nnoxod and seconded (Norris Elrod) to approve the appointment of
Trustee Koenig' Trustee Ericson and Assistant Town Administrator
Richardson to the Community Smn/icao Grant review comm|ttee, and it
passed with Trustee Koenig abstaining.
kwas moved and seconded (Bmd8(nonig)boapprove the appointment of
Town Administrator Lancaster as an ex-officio member to the Northern
Colorado Economic Development Corporation, and itpassed unanimously
3. ORDINANCE #11'13 PROHIBITING MARIJUANA ESTABLISHMENTS —
TESTING FAC|L0EG, PRODUCTION FACILITIES, RETAIL STORES &
PRIVATE MARIJUANA CLUBS. Attorney VVhihm reviewed the passage of
Amendment 04thot legalizes the personal posneoaion, use, and limited home -
growing of marijuana by adults 21 years of age and o|der, and authorizes the
operation of marijuana establishments which include marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities,
and retail marijuana o0mmo. Amendment S4authorizes local governments to
prohibit the operation of marijuana establishments by adoption of on
ordinance. The proposed ordinance would prohibit the operation of marijuana
entob|iahmen<s, including private marijuana clubs.
Those speaking in favor of Ordinance #11'13 Neil VVood|ey/Town citizen,
Charley Dickey/Town citizen and business owner. and Chris Duubin/County
resident. All stated the establishments would negatively impact the
community, which continues bnbnafamily friendly destination.
Board ofTrustees — August 13.2013—Page 8
Erin Curran/Chapter leader of Estes Park Noma for Marijuana spoke in
opposition of Ordinance #11-13 reading from a prepared statement included in
the Board packet, She stated marijuana inless harmful than alcohol, the least
toxic recreational drug, established marijuana businesses would dhwa the
black market and drug dealers out of town limits, and the businesses would
provide additional tax dollars for the local schools.
Trustee Elrod stated the Board has received comments from constituents on
why the Board isnot supporting the Amendment passed by the electorate. The
review of the local *|ondon results demonstrates the passage of the mooeun*
in Estes Park was extremely close. He contends marijuana businesses
continue tobeinconflict with Federal laws and money laundering laws.
It was moved and seconded (Norris/Phipps) to approve Ordinance #11'13
Prohibiting Marijuana Centers, Optional Premises Cultivation Operations
and Marijuana Infused Products Manufacturing, and it passed unanimously.
4. ORDINANCE #12'13AMENDING MUNICIPAL CODE CHAPTER Q.28DRUG
PARAPHERNALIA &00ARUUANA. Attorney White commented the passage
of Amendment 04 legalizing the personal poa000nion, use and limited home -
growing of marijuana byadults 21 years ofage and o|dor, requires revision
hothe Town'oMunicipal Code. Ordinance #12'13amends Chapter 028ofthe
Municipal Code to address the provisions of Amendment 64 which prohibit the
enforcement ofany municipal ordinance which prohibits the poeoosnion, use
and display of one ounce or |ooa of marijuana by a person over 21 years
subject to certain nenthohnnu an set forth in the Ordinance. He stated Police
Chief Kufo|d has agreed to the provisions outlined in the Ordinance. Any
additional regulations may be brought forward at a later date as naeded, such
oarestricting the growth nfmarijuana inresidential areas.
Town Administrator Lancaster stated LohmerCounty continues to review the
issue but may limit the number of dispensaries to 2 in the unincorporated area.
Thera are currently 2 medical marijuana facilities that would be oonvertod,
thereby meeting the limit and not allowing any additional facilities in the
unincorporated Larimer County.
|twas moved and seconded (EhomnnX{oenig)toapprove Ordinance #12'13
Amending Municipal Code Chapter 9.28 Drug Paraphernalia with a
revision to the ordinance to consistently state "over the age of 21^. and it
passed unanimously.
5. MULTI -PURPOSE EVENT CENTER & STALL BARN CIVIL SITE VVO0{
CONTRACT. Engineer Ash stated Public Works advertised the RFP in July
for construction services to oump|ata the underground utilities and concrete
walkways for the Multi -Purpose Event Center and the stall barn. Staff received
one response from Cornerstone Concrete, Inc. for abid of$35A.845.20. Staff
evaluated the submitted bid and recommends the fee is appropriate for the
proposed nonpo of norvioao and Cornerstone Concrete, Inc. is o qualified
respondent to the RFP. Staff therefore recommends the Town enter into a
contract with Cornerstone Concrete, Inc. for$350.84520 with u contingency of
10%for the execution ofthese services. The project would bomanaged bythe
Public Works staff. It was moved and seconded (Norris/Koenig) to approve
a construction budget of $395.829.72 and approve the contract with
Cornerstone Concrete, Inc. to complete the civil sitovvorb for the K8PEC
and Stall Barn for the fee of$35S,745.20.and itpassed unanimously.
6. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE DESIGN
CONTRACT. Director Zunn stated the Town has obtained environmental
Board ofTrustees — August 13.2013—Page 7
facility. AnRFPwas advertised and five proposals were received. After close
review ofthe proposals by the stakeholder group and an interview process,
Walker Parking Consultants was determined to be the most qualified team for
the project design. Staff negotiated a fee of $010.887 for the design and
construction oversight of the project with Walker Parking Consultants. The
Dmo would also conduct the public pmonnn for the fee outlined. After further
diocueoiun, it was moved and seconded (8|aokhurst/Nonio) to approve a
design and construction oversight budget of$Q81.875.00and approve the
contract with Walker Parking Consultants to complete design and
construction of the Visitor Center Transit Parking Structure for the
negotiated services and fee of$O1&'OU7.UO.and itpassed unanimously.
it was moved and seconded (B|ackhurst/Ericson)toextend the meeting to
1O:1Sp.m,and itpassed unanimously.
7. STRATEGIC PLAN ' ADOPTION OF 5-7 YEAR GOALS & 2014
OBJECTIVES. Town Administrator Lancaster presented the strategic plan,
including 5'7 year goals and objectives for 2014 developed during aevons|
study sessions in late May, Juno and July. The goals and otjoohwyo have
been refined during subsequent meetings to clearly articulate each item. The
goals and objectives provide clear guidance to staff in the preparation of the
upcoming 2O14budget and work plans, omwell aacommunicating tothe public
the key areas the Board has identified on important. After approval from the
Boand, staff would be educated onthe strategic plan.
Mayor Pro Tern B|ankhunst stated unnoem with the number of outcome areas
and the possibility the Board and staff could lose focus on the issues. Trustee
Ericson complemented Town Administrator Lancaster on the process.
Jean McGuire/County citizen and Ann Morris/County citizen and League of
Women Voters Recycling Committee spoke tothe need for the public howeigh
in on the Tovvn'n proposed goals and requested the item be tabled to a future
meeting. They requested the Board add o specific goal to address recycling
and the purchase and installation of additional dual trash/recycle containers.
|twas moved and seconded (Norhu/B|ackhurst)toadopt the revised Town
Vision and Mission statements, key outcome mnems, gwm|o and 2814
objectives aspresented, and itpassed unanimously.
Whereupon Mayor Fqnkhomadjourned d�o et1O�
~WiUiat�Ci Pinkhan\ Mayor