HomeMy WebLinkAboutMINUTES Town Board 2014-11-11Town of Estes Park, Larimer County, Colorado, November 11, 2014
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 11th day of November, 2014.
Present:
Also Present:
William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, 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.
Stan Black/EPIC Board member provided the Board with an update on the activities of
the EPIC Board since the 2013 flood, including the hiring of a campaign counsel,
developed a new capital campaign, established an office on Graves Avenue, relaunch
of the quiet phase of the campaign, hired a part time administrator, expanding
marketing efforts, advertising, economic development, and fulfilling contractual
deadlines (Seeley land donation, Town land option agreement, and Town commitment
not to disperse the FOSH funds expiring the first quarter of 2017). The expanded
Board has committed $1.235 million, over $3 million in property and contingencies are
in place, $2 million in cash and pledges and four major naming rights sold. The Seeley
property may be improved by a separate company for a beer garden or EPIC may
improve the lot and rent it out to nonprofits to raise funds.
Brianna Furnish/Town citizen stated a large bull elk was shot at Sombrero Ranch
across from her home on Dry Gulch. The homeowners in the area are concerned with
the illegal hunting activities taking place on the ranch and urged the Town, County and
Department of Wildlife officials to take action to ensure something tragic does not
happen on the property.
Radoslaw Kokoszka/Town citizen showed photos which demonstrated the hunters were
shooting toward the road and the homes directly across.
Kris Hazelton/Town citizen commented she and her husband witnessed a cow elk being
shot from Dry Gulch on Sombrero Ranch. She requested hunting on the property be
done in an area away from the roadway where she does not have to witness the
hunting. She would like a task force formed to address the issue.
Alice Palmer/Town citizen stated she has lived across from the ranch since 1994. It was
her recollection an agreement had been reached a number of years ago with the ranch
to have hunting take place on the other side of the mountain. She would request the
hunters shot away from the roadway and shot toward the mountain.
The hunting on Sombrero Ranch would be discussed at the upcoming Public
Safety/Utilities/Public Works Committee.
Board of Trustees — November 11, 2014 — Page 2
TRUSTEE COMMENTS.
Trustee Ericson stated the Transportation Advisory Committee would meet on
November 19, 2014 at noon in rooms 202/203. The November 20, 2014 Community
Development/Community Services meeting has been cancelled.
Mayor Pro Tem Koenig thanked the veterans for their service to our country. The
annual Sister Cities meeting would be held on November 18, 2014 at 7:00 p.m. in the
Hondius meeting room.
Trustee Holcomb stated the Parks Advisory Board would meet on November 20, 2014
at 12:30 p.m. in room 202.
Trustee Norris commented the Public Safety/Utilities/Public Works Committee would
meet on November 13, 2014 at 8:00 a.m. in the Board room. Trustee Norris and
Trustee Holcomb would conduct interviews on November 14, 2014 for two positions on
the Local Marketing District Board. Visit Estes Park held their regular meeting and
discussed the change in legislation that requires monthly reporting by accommodations
creating an even cash flow for the district. They would hold a strategic planning retreat
on November 18, 2014. On November 18, 2014 at the Denver Tech Center a seminar
would be held on Alzheimer's.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 28, 2014, Town Board Study Session
Minutes dated October 28, 2014, and Town Board Budget Study Session
Minutes dated October 3, 10 and 17, 2014.
2. Bills.
3. Committee Minutes:
a. Community Development / Community Services, October 23, 2014.
4. Estes Valley Board of Adjustment Minutes dated October 7, 2014
(acknowledgement only).
5. Closure of Town Offices on December 26, 2014.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda,
and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker
provided an update stating the flood recovery efforts have gone well including
the completion of the repairs to Old Fall River Road, the Alluvial Fan parking
area paved and open to use, and bridges and trails in the backcountry continue
to be repaired with some trails needing to be rerouted requiring an EA to be
completed. The Park would begin a public comment phase on the fee rate
increase with the addition of a new Day Use pass of $20, $30 for the seven day
pass, and $50 for the annual pass. The Senior pass and America the Beautiful
pass would not change. Campground fees would also increase to $26 in 2016.
A letter of support from the Town Board for the fee increase would help the
Park establish the Day Use pass.
Board of Trustees — November 11, 2014 — Page 3
3. LIQUOR ITEMS:
STIPULATION AGREEMENT - EVEREST KITCHEN LLC., DBA FAMOUS
EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF
PREMISES LIQUOR LICENSE. Town Clerk Williamson presented the Board
with a stipulation agreement in lieu of a show cause hearing. The licensee
through the stipulation agreement waived their rights to a show cause hearing
to determine if the violation of serving an underage during a compliance
check on September 25, 2014. Staff used the new guidelines adopted in
April to determine the appropriate penalty, the past violation history of the
licensed establishment, and the number of recommended practices in place.
The establishment failed a compliance check in July 2013 and served 5 days
of a 21 day suspension under the old stipulation guidelines. The agreement
considered the violation a second offense within two years and outlines a 21
day suspension with 14 days served and 7 days held in abeyance. It was
moved and seconded (Norris/Phipps) to table the item to the November
25, 2014 meeting as the licensee was not present, and it passed with
Trustee Ericson voting "No".
2. STIPULATION AGREEMENT - ROCKY MOUNTAIN PARK INN, LLC., DBA
ROCKY MOUNTAIN PARK INN, 101-201 ST. VRAIN AVENUE, HOTEL &
RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the
Board with a stipulation agreement in lieu of a show cause hearing. The
licensee through the stipulation agreement waived their rights to a show
cause hearing to determine if the violations of serving an underage during a
compliance check on September 25, 2014. Staff used the new guidelines
adopted in April to determine the appropriate penalty and the recommended
practices in place to limit future violations. The establishment has no
previous violations on file; therefore, the agreement outlines a written warning
for the first offense. It was moved and seconded (Ericson/Koenig) to
approve the Stipulation Agreement with Rocky Mountain Park Inn, LLC,
dba Rocky Mountain Park Inn, and it passed unanimously.
3. STIPULATION AGREEMENT - ESTES VALLEY RECREATION AND PARK
DISTRICT ETAL., DBA HANGAR RESTAURANT AT THE ESTES PARK
GOLF COURSE, 1480 GOLF COURSE ROAD, HOTEL & RESTAURANT
WITH OPTIONAL PREMISE LIQUOR LICENSE. Town Clerk Williamson
presented the Board with a stipulation agreement in lieu of a show cause
hearing. The licensee through the stipulation agreement waived their rights
to a show cause hearing to determine if the violations of serving an underage
during a compliance check on September 25, 2014. Staff used the new
guidelines adopted in April to determine the appropriate penalty and the
recommended practices in place to limit future violations. The establishment
has no previous violations on file; therefore, the agreement outlines a written
warning for the first offense. It was moved and seconded (Norris/Holcomb)
to approve the Stipulation Agreement with Estes Valley Recreation and
Park District Etal., dba Hangar Restaurant at the Estes Park Golf
Course, and it passed unanimously.
4. STIPULATION AGREEMENT - TWO DOLPHINS INC., DBA THE
GRUBSTEAK RESTAURANT, 134 W. ELKHORN AVENUE, HOTEL &
RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the
Board with a stipulation agreement in lieu of a show cause hearing. The
licensee through the stipulation agreement waived their rights to a show
cause hearing to determine if the violations of serving an underage during a
compliance check on September 25, 2014. Staff used the new guidelines
adopted in April to determine the appropriate penalty and the recommended
practices in place to limit future violations. The establishment has no
previous violations on file; therefore, the agreement outlines a written warning
for the first offense. Staff acknowledged the licensee's training, testing and
continued education provided to staff. It was moved and seconded
Board of Trustees — November 11, 2014 — Page 4
(Holcomb/Norris) to approve the Stipulation Agreement with Two
Dolphins Inc., dba The Grubsteak Restaurant, and it passed unanimously.
5. STIPULATION AGREEMENT - M & S. INC. AND LA SIERRA LLC., DBA LA
HACIENDA BAR & GRILL , 165 VIRGINIA DRIVE UNIT #18-1 & 18-2,
TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the Board
with a stipulation agreement in lieu of a show cause hearing. The licensee
through the stipulation agreement waived their rights to a show cause hearing
to determine if the violations of serving an underage during a compliance
check on September 25, 2014. Staff used the new guidelines adopted in
April to determine the appropriate penalty and the recommended practices in
place to limit future violations. The establishment was granted a transfer of
the Tavern liquor license by the Town on September 23, 2014 and members
of the business attended T.I.P.S. training on September 24, 2014. The staff
member committing the violation did not attend the training. It was also noted
the establishment did not have written policies in place, therefore, the
agreement outlines a written warning and seven days held in abeyance.
It was moved and seconded (Holcomb/Ericson) to deny the Stipulation
Agreement with M & S. Inc. and La Sierra LLC, dba La Hacienda Bar &
Grill, and a substitute motion was presented.
It was moved and seconded (Ericson/Phipps) to approve the Stipulation
Agreement with M & S. Inc. and La Sierra LLC, dba La Hacienda Bar &
Grill with the addition that written policies are delivered to the Town
within 30 days of approval, and it passed unanimously.
4. ACTION ITEMS:
1. PUBLIC HEARING — 2015 BUDGET. Finance Officer McFarland stated that
the proposed 2015 budget is the result of staff preparation and Board input at
three budget study sessions held in October. The 2015 budget process was
dominated by flood costs and reimbursements and attempts to bring the
General Fund into balance. As a result staff has recommended a number of
strategies to maintain the General Fund reserves of 25%, including no merit
and a reduction in contributions to the IT and Vehicle Replacement funds.
The budget does include the implementation of the compensation study.
Staff made a number of additional cuts, up to 5%, with the largest cut being
the removal of the in car cameras for the Police vehicles. Other significant
changes to the budget included the change in health insurance contributions
from 75/25 cost sharing to 90/10; an increase of $41,400 for Windy Gap
Water Rights with the inclusion of the Prospect Mountain Water Company
pending; addition of three grant funded positions; the merging of the
Community Services fund into the General Fund; and the 2015 budget would
most likely need to be amended as flood recovery expenses and
reimbursements continue.
Trustee comments have been summarized: concern was raised over the
cutting of the Police cameras; questioned if the proposed budget would meet
the one year goals set by the Board; concern with the staffing level in
Community Development; and a five year outlook should be developed for
the Community Reinvestment fund. Staff would review the 2014 budget to
determine if space savings in the Police budget could be used to purchase
the cameras and roll the funds over to 2015.
It was moved and seconded (Koenig/Holcomb) to continue the budget
hearing to November 25, 2014, and it passed unanimously.
2. REQUEST A SPECIAL ELECTION REGARDING BROADBAND SERVICES
PER C.R.S. 29-27-201. Administrator Lancaster stated the Economic
Development Corporation organized a subcommittee to review broadband
Board of Trustees — November 11, 2014 — Page 5
service within the Estes Valley. The committee identified a significant barrier
to growing the town's economic development potential with the limitations of
Senate Bill 152 which restriction local government's ability to engage in the
provision of telecommunication services like broadband. The Town's 2014
Strategic Plan states "we will encourage optimal use of the PRPA/Town fiber
infrastructure". The David Batey/Fiber committee member requested the
Board consider setting a special election as outlined in the state statute to
allow the Town the ability to directly or indirectly be involved in providing
competitive telecommunication services, including competitive broadband
Internet services. To have a strong economy, Estes Park must have access
to competitive broadband service; Colorado Senate Bill 152 took away local
government's right to decide the best way for the Town to help provide
competitive broadband service; Senate Bill 152 outlines an election is the
only way to restore local authority and free local governments from the Bills'
restrictions; there have been many different successful approaches to local
government involvement in providing competitive broadband services; one
purpose for the recent $300,000 award to the Estes Park Economic
Development Corporation was to develop options for a state of the art, valley -
wide, broadband service that would allow businesses, citizens, and guests to
participate in and compete in the global marketplace; the economic
development impact of broadband; and other Colorado communities have
successfully passed elections, including Longmont, Centennial, Montrose,
Boulder, Cherry Hills Village, Red Cliff, Yuma and Wray, and 3 counties: Rio
Blanco, San Miguel, and Yuma.
Trustee Phipps questioned if the intent was to have the Town develop a
utility, and have the local businesses which have made a substantial
investment been involved in the process. Mr. Batey stated the intent was not
to have the Town develop a utility at this time. The Fiber Committee engaged
the local businesses from the very beginning. The goal would be to
strengthen the current businesses that are in place. Administrator Lancaster
stated with a positive outcome of a vote the Town could improve the fiber
network in town by providing the fiber at wholesale, capitalize on the
infrastructure of the Town, and local businesses could expand their services
and make broadband service affordable.
Mark Repine/RMDAS stated there are difficulties in serving a large area in
Estes Park and the fiber would help. He stated support for overturning
Senate Bill 152; however, he stated some concern as to the next steps.
It was moved and seconded (Nelson/Ericson) to direct staff to prepare a
resolution setting a special election for February 3, 2015, pursuant to
CRS 29-27-201 and to present the resolution to the Board for
consideration at the Town Board meeting on November 25, 2014, and it
passed unanimously.
3. AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY AND AMENDMENT TO THE ESTES VALLEY
PLANNING COMMISSION BYLAWS. Senior Planner Shirk presented an
amendment to the Intergovernmental Agreement outlining the most qualified
member of the Commission would serve as the Chair of the Commission and
to remove the alternate member to the Board of Adjustment. The bylaws
have been reformatted to use a standardize format, operating efficiencies
such as detailing the Chair's duties and designating the Community
Development Assistant as the Recording Secretary, and adding flexibility
such as where the meetings are held. On October 21, 2014 the revised
bylaws were approved by the Planning Commission unanimously.
Charley Dickey/Town citizen and EVPC Commissioner requested the Board
table the items for further discussion as the amended bylaws did not meet the
time requirement outlined in the current bylaws, bylaws are inconsistent with
the bylaws just approved for the Board of Adjustment, staff did not produce a
Board of Trustees — November 11, 2014 — Page 6
document in time for review by the Planning Commission, and a significant
change was made to the appointment of the Chair.
After further discussion, it was moved and seconded (Koenig/Nelson) to
approve amendments to the Intergovernmental Agreement with Larimer
County, and it passed unanimously.
It was moved and seconded (Koenig/Norris) to approve amendments to
the Estes Valley Planning Commission Bylaws, and it passed
unanimously.
4. USE OF CONTINGENCY FUND TO COMPLETE SECOND STORY OF THE
EVENT CENTER SILO. Director Winslow requested the $250,000 set aside
for the turn lane in the original budget be used to complete the project,
including the raising of the silo and finishing the second story. CDOT
determined early on in the project that the turn lane was not needed,
therefore the funds were held for possible contingency. The $7.5 million for
the overall project would not be exceeded as the $250,000 was a part of the
overall budget.
Trustee Ericson stated the completion of the 2nd floor should be re-evaluated
as it may not be the most important project to spend the extra funds on at this
time. He suggested the $250,000 could be used for the parking garage at
the Visitor Center. Director Winslow stated the upstairs of the silo could be
left unfinished and used as storage. Discussion ensued on the completion of
the second floor: the area has already been marketed for events as part of a
package and the Board already agreed to complete the silo second floor.
It was moved and seconded (Koenig/Phipps) to approve funds designated
originally for "offsite turn lane" in the $7,500,000 MPEC/Stall Barn
project budget to be used for silo raise ($42,000) and silo second floor
completion ($60,000), and it passed with Trustee Ericson voting "No".
5. AMENDING GOVERNING POLICY 1.5 — BOARD MEMBERS' CODE OF
CONDUCT. The Board has been reviewing its code of conduct which
outlines how the Trustees work with each other, staff and the public. Over
the past several months the Board has reviewed and revised the code. The
final draft has been prepared and after review, it was moved and seconded
(Norris/Phipps) to approve the revised governing policy 1.5, Board
Members' Code of Conduct, and it passed unanimously.
6. ESTES VALLEY PLANNING COMMISSION INTERVIEW TEAM
APPOINTMENT. Per Policy Governance 101 Section 6 all applicants for a
Town Board or Committee are to be interviewed by the Town Board or its
designee. Mayor Pinkham proposed Trustees Phipps and Mayor Pro Tem
Koenig be appointed to conducted the interviews for the current vacancy on
the Estes Valley Planning Commission. Charley Dickey/Town citizen stated
the information provided on the appointments should stated three members
are appointed by the Town and four members are appointed by the County.
It was moved and seconded (Norris/Holcomb) to approve the
appointments of Mayor Pro Tem Koenig and Trustee Phipps to the
interview team for the Estes Valley Planning Commission, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the metingfat,�:35 p.r�
illiam C. Pinkham, Mayor
ie Williamson, Town Clerk