HomeMy WebLinkAboutMINUTES Town Board 2014-04-08Town of Estes Park, Larimer County, Colorado, April 8, 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 8th day of April, 2014.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
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.
PROCLAMATIONS.
Mayor Pinkham presented the Rotary Club of Estes Park with a proclamation honoring
the 26th anniversary of the Duck Race to be held on May 3, 2014.
Mayor Pinkham presented a Resolution of Respect in appreciation for the efforts of the
Strong Tomorrow Task Force in helping to educate the Town citizens on the benefit of
the 1 % sales tax increase and passage of Issue 1 A.
Mayor Pinkham proclaimed April as Estes Cares About Bears Month. PIO Rusch along
with members of the task force thanked the community for their efforts and
responsiveness in reducing conflicts with bears. The task force continues their efforts
this year by reaching out to lodging establishments and vacation rental owners. PIO
Rusch also thanked Waste Management for their partnership in supporting the effort by
providing bear resistant trash containers.
PUBLIC COMMENTS.
Louis Smith/Estes Valley Restaurant Partners thanked the Town for their efforts in
reviewing and establishing new liquor code violation guidelines. The proposal as
outlined is fair and equitable, and the group would support the approval of the new
guidelines.
Adam Shake/Creative Arts District Task Force member provided an update on the
formation of the district, stating on March 17, 2014 the Town of Estes Park was chosen
as one of the 11 out of 15 communities that submitted a letter of interest to submit a
formal application to be recognized by the State as a formal Arts District. After site
visits 7 of the 11 communities will be selected to form official districts. On April 16,
2014 the Creative Industries Division of the Office of Tourism and International Trade
would conduct a site visit.
John Meissner/Town citizen requested the Board consider writing a formal invitation to
the Earl of Meath and his family to visit Estes Park this fall.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris thanked the electorate of Estes Park for voting during the recent
Municipal Election on April 1, 2014. He confirmed the interview process to fill the CEO
position for Visit Estes Park would take place on April 21 and 22, 2014 and the
community would be able to participate.
Board of Trustees — April 8, 2014 — Page 2
Trustee Koenig reported Western Heritage is looking to add new members and new
events. Nick Molle/Sister Cities continues to work with both the Town and Costa Rica
to ensure the relationship adds value to both communities. EALA has begun to work
with Sister Cities to encourage tourism between the communities. She also thanked
the citizens for voting and for re-electing her to office.
Mayor Pro Tem Blackhurst stated the Housing Authority would hold its monthly meeting
Wednesday, April 9, 2014 in Room 203 at 8:30 a.m. The Public Safety, Utilities and
Public Works Committee would meet on Thursday, April 10, 2014 in the Board Room at
8:00 a.m.
Trustee Ericson commented the Transportation Advisory Committee would meet on
April 16, 2014 at noon in Room 202. He thanked the Strong Tomorrow Task Force for
their efforts in passing Ballot Issue 1A. He also thanked Mayor Pro Tem Blackhurst
and Trustee Elrod for their services to the community and stated it had been an honor
to serve with them on the Board.
Mayor Pinkham also thanked the voters for the passage of the ballot issues. He
congratulated Bob Holcomb and Ward Nelson for their successful bid as Trustee and
welcomed them to the Board.
TOWN ADMINISTRATOR REPORT.
• Joint meeting of the County Commissioners, Town Board and the Planning
Commission would be held on April 9, 2014 to discuss a number of planning issues
starting at 2:00 p.m. in Rooms 202/203.
• New 1% Sales Tax — The new sales tax approved by the voters at the April 1, 2014
Municipal Election goes into effect on July 1, 2014. As the State collects the Town's
sales tax and remits it to the Town, the Town would not see funds associates with
the increase until September. The Town would begin planning and budgeting for
repairs of the roadways in 2015.
• February 2014 sales tax revenues are up 13.2% over February 2013 and 12.6% up
for the year.
• In light of a number of projects, grants and the new sales tax to fix the roads, the
Town has reorganized the Public Works department. Director Zurn would become
the Projects Manager for Public Works and oversee a number of current and
upcoming projects. The Town would advertise beginning this week for a new Public
Works Director. Kevin Ash/Civil Engineer would be the Interim Director and oversee
the operations of the department until a new Director has been hired.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated March 25, 2014, and Town Board
Minutes dated March 25, 2014.
2. Bills.
3. Committee Minutes:
a. Community Development / Community Services, March 27, 2014.
1. Resolution # 09-14 Surprise Sidewalk Sale — May 3 & 4, 2014.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. ELECTION REPORT. Town Clerk Williamson presented the canvassed
results for the Municipal Election held on April 1, 2014. The Town held its
regular Municipal Election on Tuesday, April 1, 2014 as provided by 31-1-
101(10)(a) CRS to elect three Trustee positions, referred Issue 1A to increase
the Town sales tax from 4% to 5% for a period of 10 years, referred Question
Board of Trustees — April 8, 2014 — Page 3
1 B for the sale of Lot 4, Stanley Historic District to the Grand Heritage Hotel
Group, and Question 2 a citizen initiated ordinance to place a conservation
easement on Lot 4, Stanley Historic District.
FOR TRUSTEE: Total Votes Cast
Judy Fontius 631
Janna Allerheiligen 399
Ward Nelson * 758
Mike Williams 477
Bob Holcomb* 918
Paul Fishman 689
Wendy Koenig* 1447
Geraldine Treacy 331
TOTAL VOTES CAST = 2.413
*Elected to 4-yr. terms
Total Registered Voters = 4,540
Percentage Turnout = 53%
ISSUE 1A — 1% Sales Tax Increase for 10 Years: Total Votes Cast
YES
NO
1550 64%
851
QUESTION 1B — Sale of Lot 4, Stanley Historic District: Total Votes Cast
YES 1465 61%
NO 937
QUESTION 2 — Citizen Initiated Ordinance
Open Space— Lot 4, Stanley Historic District
YES
NO
Total Votes Cast
725
1651 68%
As the 2014 election was held as poll election, the Town Clerk as the
designated election official sent out over 4,500 postcards to all registered
electors within town limits to notify them of the poll election and the need to
complete an Absentee Ballot application in order to receive a ballot by mail.
The Town saw an overwhelming number of absentee voters with 1,492
absentee ballots issued and 1405 absentee ballots returned and counted on
Election Day.
The Town hired the Larimer County election office to provide election support,
including setting up and printing the ballots, envelopes, secrecy sleeves and
TABOR notice, programming the AccuVote memory cards used in the election
equipment, and assisting in the counting of the Absentee ballots on Election
Day. The Town also rented the election equipment from Larimer County
needed to conduct the election. The County's professional team was
extremely helpful during every step of the election process.
2. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Director Zurn
stated the concrete floor in the Pavilion has been completed and the final
items for occupancy are being installed. The second floor of the Event
Board of Trustees — April 8, 2014 — Page 4
Center was poured and steel light gauge framing has begun. The
mechanical, plumbing, and electrical systems are underway. The exterior
concrete flatwork, exterior retaining walls and ramps have begun. The Parks
division has designed and would install the landscaping and irrigation
systems. The Pavilion would be complete and ready for occupancy mid -April.
The contractor and staff are working to have the Event Center ready for
temporary occupancy for the Wool Market.
3. ACTION ITEMS:
1. ORDINANCE #11-14 AMENDING THE ISSUANCE OF OPTIONAL PREMISE
LICENSES TO INCLUDE THE FAIRGROUNDS AT STANLEY PARK.
Ordinance #09-91 adopted in 1991 allows for outdoor sports and recreational
facilities, such as the golf course, to offer liquor service to its patrons while
participating/observing an event. The original Ordinance limited eligible
facilities to golf courses and swimming pools. Ordinance #11-14 would amend
the current Municipal Code 5.31 to add the fairgrounds/Estes Park Events
Complex and to update Liquor Code references. An optional premise liquor
license at the fairgrounds would allow a concessionaire and the Town the
flexibility to operate the property for a number of different events, including
private parties and Special Events such as the Highlands festival in the fall
without difficulties encountered in the past couple of years with different
licenses trying to occupy the same premise; i.e. pouring out or consuming
beverages before entering specific areas of the fairgrounds. The optional
premise license can be turned off to allow Special Events with very little notice.
The current 3.2% On -Premise Beer license does not allow for this type of
flexibility. Attorney White read the Ordinance. After further discussion, it was
moved and seconded (Blackhurst/Phipps) to approve Ordinance #11-14,
and the motion passed unanimously.
2. ORDINANCE #12-14 ROCKY MOUNTAIN PARK INN CONCESSION
AGREEMENT FOR FAIRGROUNDS COMPLEX. Director Winslow presented
the Board with a new agreement between the Town and Rocky Mountain Park
Inn LLC (RMPI) to provide exclusive food and beverage services to the
facilities at the Estes Park Event Complex (Fairgrounds at Stanley Park). This
agreement would be in addition to the current agreement the Town has with
RMPI to provide services at the Conference Center. RMPI would be
responsible for applying for and maintaining an optional premise liquor license
for the facilities. The agreement would provide the Town with 15% of the gross
revenues produced, require RMPI to turn off the liquor license for identified and
agreed upon events such as Rooftop Rodeo and Longs Peak Scottish Irish
Festival, and require RMPI to purchase needed equipment for catering and
operations at the complex. RMPI has stated an interest in working with local
service clubs to assist in the operations and in return make donations to the
club for their services. High quality services must be provided, therefore,
evaluations would be completed after each event and a periodic review of
services provided.
Board discussion was heard and summarized: the contract should reference a
specific date for quarterly reports to be filed; questioned how the agreement
would be renewed annually and how the grandfathered events would be
identified from year-to-year; requested staff complete an RFP process for the
concession services before December 31, 2015 as this agreement has been
completed as a sole source agreement; and questioned if the agreement
covers the executive Board room and area.
Director Winslow stated the agreement would be reviewed annually with RMPI
with regard to grandfathered events, and the contract covers all aspects of the
Event Center, Pavilion and Grandstand areas.
Board of Trustees — April 8, 2014 — Page 5
Town Attorney White read the Ordinance. It was moved and seconded
(Blackhurst/Ericson) to approve Ordinance #12-14 an agreement with
Rocky Mountain Park Inn LLC to operate the food and beverage
concession at the Estes Park Events Complex, and the motion passed
unanimously.
3. LIQUOR VIOLATION SENTENCING GUIDELINES FOR COMPLIANCE &
NON-COMPLIANCE CHECK VIOLATIONS. Town Clerk Williamson stated
staff utilized the 1999 adopted stipulation guidelines to negotiate stipulation
agreements for licensees that failed compliance checks during the 2013
summer. The Board stated concern with the guidelines and requested staff
review and compare them to other communities to determine whether or not
they should be revised/updated. The current guidelines do not offer flexibility
as it relates to a first offense of the sale of alcohol to a minor and the
guidelines tend to be more punitive than those established by the State liquor
code. Staff reviewed policies from other communities and confirmed the legal
use of Restorative Justice as an alternative to suspensions. The proposed
draft includes a written warning for the first offense of a sale to a minor, sale to
a visibly intoxicated person, and sale or service by an underage employee with
the adoption of recommended practices; the ability to pay a fine in lieu of
serving time; the addition of mitigating and aggravating factors in determining
time served; and the addition of Restorative Justice process in lieu of a
suspension. These new guidelines provide more flexibility in assessing
penalties. It was moved and seconded (Blackhurst/Norris) to approve the
liquor violation sentencing guidelines for compliance and non-
compliance check violations, and the motion passed unanimously.
4. AMENDMENT TO NEIGHBORHOOD DEVELOPMENT AGREEMENT,
NEIGHBORHOOD SUBDIVISION. Planner Shirk presented an amendment to
the Development Agreement between the Town and Pawnee Meadows LLC to
increase the median income limit from 100% to 125% for the attainable
housing program in the Neighborhood Subdivision. Originally staff and the
Estes Park Housing Authority recommended buyer counseling and resale
provisions be included; however, the developer did not agree to these changes.
It was moved and seconded (Norris/Phipps) to approve the Second
Amendment to The Neighborhood Development Agreement to increase
the median income limit from 100% to 125% of the Larimer County Median
Income, and the motion passed unanimously.
5. AGREEMENT FOR INSTALLATION OPERATION AND MAINTENANCE OF
WATER MAIN — FISH CREEK WATER ASSOCIATION. Attorney White
presented an agreement for the installation, operation and maintenance of a
new 8 inch water main between the Town and the Fish Creek Water
Association, Inc. This would be an upgrade from the 2 inch water main
currently feeding the Fish Creek Water Association system. The Association
has made arrangements with Larimer County to fund the design, installation
and construction of the new water main through the creation of a Larimer
County Local Improvement District #2013-3. The agreement details the
responsibilities of each party for the construction and maintenance of the new
water main and the transfer of the new water main to the Town once the debt
has been fully paid. After the new water main has been installed and accepted
by the Town, the Town would be responsible for the normal operation and
routine maintenance of the new water main. The Town may use the new water
main to connect additional customers to the Town's system and retain all
revenues from the new customers. It was moved and seconded
(Norris/Blackhurst) to approve the Agreement for Installation, Operation,
Maintenance of Water Main with the Fish Creek Water Association, and
the motion passed unanimously.
Board of Trustees — April 8, 2014 — Page 6
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Blackhurst/Norris) to enter Executive Session for the
purpose of discussing a personnel matter; not involving any specific employees
who have requested discussion of the matter in open session; any member of the
Town Board (or body); the appointment of any person to fill an office of the Town
Board (or body); or personnel policies that do not require discussion of matters
personal to particular employees. Annual Review of Administrator Lancaster and a
personnel matter, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:47 p.m.
Mayor Pinkham reconvened the meeting to open session at 9:16 p.m.
Whereupon Mayor Pinkham adjourned the meeting at,:16 p.
illiam C. Pinkham, Mayor
kie Williamson, Town Clerk