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Home My WebLink AboutMINUTES Town Board 2014-09-09Town of Estes Park, LahmerCounty, Colorado, September 9.2014 Minutes of Regular meeting of the Board of Trustees of the Town of Estes Park, Lahmer Counb/, Colorado. Meeting held inthe Town Hall in said Town ofEstes Park onthe g1hday nfSeptember, 2014. Also Present: William C.Finkhom. Mayor Wendy Koenig, Mayor Pro Tern 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. Bon Greer/County citizen suggest the Town consider o Cinon de Mayo festival to provide anevent during aquieter time ofyear. Lahmer County Sheriff Justin Smith stated as the community nears the one year anniversary of the flood he wanted to thank and acknowledge the efforts of the Town staff, businesses and community members inthe recovery effort. TRUSTEE COMMENTS. Trustee Norris stated the next Public Safety, Utilities and Public Works Committee meeting would be held on September 11. 2014ed8:00 a.m. in the Board mom. Visit Estes Park would hold its next meeting on September 18, 2014. He also noted the Town would post for two positions expiring on the Local Marketing District board at the end ofthe year. Tmat»o Holcomb recognized the efforts of Sergeants Life and Swallow for their professionalism in providing support to the Wedan family funeral. Mayor Pro Tem Koenig stated the Real Mountain Cowboy Magazine has recognized the Rooftop Rodeo as Colorado's #1 summer rodeo. The rodeo has once again been nominated by PRCA for best mid nba rodeo. The Sister Cities meeting has been rescheduled toSeptember 17.2014. Trustee Nelson updated the Board on the recent LarimerCounty Open Space meeting stating the Horsatooth Mountain open space has installed a web cam in the upper parking lot; Devils Backbone open space has new management plan, parking lot and trail; He8 Head nemonmir has teepees for rent; a new junior ranger guide and program; Loveland would purchase land between Fort Collins and Loveland to connect three trail systems; and the Board ofCounty Commissioners has approved anextension of theY4 cent sales tax hoboincluded onthe November ballot. Trustee Ericson commented the Transportation Advisory Committee would meet on Board of Trustees — September 9, 2014 — Page 2 Mayor Pinkham stated the Larimer County Open Space has helped the Town to acquire property and protect open spaces in and around town. This effort has preserved the uniqueness of Estes Park. TOWN ADMINISTRATOR REPORT. Staff submitted the Hazard Mitigation grant for $17 million in funding to mitigate future flooding events. He acknowledged the Town staff including Director Chilcott, Director Muhonen, Chief Building Official/Floodplain Manger Birchfield, Grant Specialist Crosser, and consultants She[lie Tressell, Jill Fisher and Lynn Wright. 1. CONSENT AGENDA: 1. Town Board Minutes dated August 26, 2014 and Town Board Study Session Minutes dated August 26, 2014. 2. Bills. 3. Committee Minutes: a. Community Development / Community Services, August 28, 2014. It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda, and it passed unanimously. 2. LIQOUR ITEMS: 1. STIPULATION AGREEMENT — GAST HAUS ESTES PARK, INC., DBA MOLLY B, 200 MORAINE AVENUE, 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 and allowing an underage employee to serve alcohol occurred during a compliance check on August 9, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty; determined the underage server was an aggravating factor; and the licensee has a number of the recommended practices in place. The agreement outlines a 14 day suspension with 3 days served and 11 days held in abeyance. The licensee petitioned the Town to pay a fine in lieu of serving time. It was moved and seconded (Koenig/Phipps) to approve the Stipulation Agreement with Gast Haus Estes Park, Inc. dba Molly B, and it passed unanimously. 2. STIPULATION AGREEMENT — CARL E. SCOTT DBA COFFEE ON THE ROCKS, 510 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of 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 and allowing an underage employee to serve alcohol occurred during a compliance check on August 9, 2014. The agreement outlines a 14 day suspension with no time served, 14 days held in abeyance and a written warning. The underage server was not considered an aggravating factor because the licensee understood the liquor license code allowed an 18 year old to serve alcohol if full meals are served. It was determined by staff that full meals are not being served, and therefore, the server age for a tavern license would be 21 years. It was moved and seconded (Phipps/Holcomb) to approve the Stipulation Agreement with Carl E. Scott dba Coffee on the Rocks, and it passed unanimously. Board of Trustees — September 9, 2014 — Page 3 3. ACTION ITEMS: 1. PARKS ADVISORY BOARD APPOINTMENTS. Town Clerk Williamson stated the Administrative Services department advertised for 3 positions on the Parks Advisory Board and held interviews with the interview team of Trustee Holcomb, Trustee Norris and Parks Maintenance Supervisor Franklin. The interview team recommended the appointment of Terry Rustin to a term expiring on December 31, 2017, Ronna Boles to a term expiring December 31, 2016, and to leave the last term unfilled. The interview team expressed the need to fill the open position with an individual containing a background in the arts. The position would not be readvertised until next year. It was moved and seconded (Norris/Koenig) to approve the appointments of Terry Rustin to a term expiring on December 31, 2017 and Ronna Boles with a term expiring on December 31, 2016, and it passed unanimously. 2. ORDINANCE #15-14 LEASE OF CARRIAGE HILLS OPEN SPACE TO THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PLAYGROUND. The Estes Valley Recreation and Parks District (EVRPD) has requested the use of Town owned property located within the Carriage Hill subdivision open space for the construction of a pocket park containing a playground and parking lot. A lease must be approved by the adoption of Ordinance #15-14 as the lease period is greater than one year. The proposed location was selected by EVRPD after being selected to receive a private donation due to the topography, accessibility and proximity to families within the area. Staff reviewed the proposal to ensure it meets development regulations and determined the project did not meet the requirements of a development plan review. Pertinent development regulations including a 50- foot setback from wetlands and 25-foot setback from property lines have been met by the proposal. The parking lot has been located east of an existing driveway on the south side of Carriage Drive to limit headlights from shining into the neighboring property. Skyler Rorabaugh/EVRPD Executive Director stated the Cleveland -based Nordson Corporation and its Fort Collins based subsidiary, Value Plastics Inc., have selected Estes Park as the recipient of their 2014 Big Build, a charitable program in which Nordson supplies funding and employee volunteers to build playgrounds in and near the communities where it operates. He reiterated the selection of the site was due to the number of school aged children within the area. The district conducted outreach, held a neighborhood meeting and completed an online survey. There has been overwhelming positive response for the project and the location. The Department of Wildlife was contacted and the project would include a bear proof trash container and the removal of the swing seats during the elk rut or possible closure of the park during the rut. He stated the company would install the playground on September 24 — 26, 2014 and without the lease agreement the grant funds would be awarded to another community. Those speaking in favor of the agreement included Kristen Berg/President of Families for Estes, Brian Berg/Town citizen, Kristen Rorabaugh/County citizen, Tonya Fransis/County citizen, Lydia and Zach Petia/County citizen, Marcie Kiser/Town citizen, Claudine Perrault/County citizen, Julian EisherfTown citizen, Elizabeth Fogarty/County citizen, Ben Greer/EVRPD Board of Director, Wendy Ash/County citizen, Betsy Hill Raymond/County citizen, and Lena McIntyre/Town citizen. Mr. Eisher stated support for the project and thanked the EVRPD staff for addressing his concerns related to the parking lot situated directly across from his driveway. He stated concern with kids walking and riding bikes on the busy Carriage Drive and would like to see sidewalks, bike racks at the playground and no bathroom located on the property. Board of Trustees — September 9, 2014 — Page 4 Attorney White read the Ordinance, it was moved and seconded (Norris/Koenig) to approve the Ordinance #15-14, and it passed unanimously. 3. RESOLUTION #19-14, SURPRISE SIDEWALK SALE — OCTOBER 11-12, 2014. Director Winslow presented a Resolution to approve the annual sidewalk sale, allowing downtown businesses to sell goods in front of their stores. Businesses that are located out of the downtown area may reserve a space in Bond Park for the event. It was moved and seconded (Ericson/Koenig) to approve Resolution #19-14 for the Surprise Sidewalk Sale on October 11-12, 2014, and it passed unanimously. 4. EVENTS COORDINATOR POSITION. Director Winslow requested the addition of a second Event Coordinator position to focus on new events and existing events as the existing. The job description has been updated to include a level I and II. The new position would be advertised for an Event Coordinator I. The new staff member would allow the Special Events division to add new events, maximize venues, and conduct events during the winter months. After further discussion, it was moved and seconded (Koenig/Ericson) to approve the Events Coordinator I position, and it passed unanimously. 4. REPORT AND DISCUSSION ITEMS: 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manger Zurn stated the second floor of the silo has been poured, the roof to be completed soon, electrical to be completed in 2 weeks, HVAC in the main structure to be completed, trusses, stonework, etc, moving forward. 5. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Phipps) to enter into Executive Session for the discussion of specialized details of security arrangements or investigations, under C.R.S. 24-6-402(4)(d)B, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:25 p.m. Mayor Pinkham reconvened the meeting to open session at 9:11 p.m. Whereupon Mayor Pinkham adjourned ),he meeting at 9:11 4(filiam . inkham, Mayor Ja�cie Williamson, Town Clerk