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HomeMy WebLinkAboutMINUTES Town Board 2016-11-08Town of Estes Park, Larimer County, Colorado, November 8, 2016 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 November, 2016. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Walker Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: All Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Joel Holtzman/Town citizen thanked the Town Board for the completion of the Scott Pond reconstruction. He stated the project was well run by both staff and the contractor. A ribbon cutting would be held on November 16, 2016. Christina Kraft/EVICS Board Treasurer thanked the Trustees for their continued support and recommendation to fund EVICS in 2017 at the same level as 2016. TRUSTEE COMMENTS. Trustee Nelson commented he would attend the regional Open Lands meeting on November 9, 2016. He would attend a meeting with Jeffery Boring/Estes Valley Land Trust Executive Director on November 16, 2016 to discuss GOCO grants for potential open space opportunities. Trustee Walker announced the High School Band won the State championship for the second year in a row. The Estes Thrives Learning, a new approach to teaching kids 21 st century skills, held an event that was well attended by the community. He thanked all that attended for their support. Trustee Norris stated the Estes Valley Planning Commission held a special meeting to discuss vacation rentals. The Commission would hold an additional study session and meeting on November 15, 2016 to make specific recommendations for vacation rentals to the Town Board and County Commissioners. The formation of a possible Family Advisory Board has begun with the intent to bring the item forward to the Town Board in early 2017. Members of the Board and staff visited with staff in Breckenridge to discuss workforce housing and childcare. At the request of the Mayor, he would be working with staff and consultants to review the hydrology study. Trustee Martchink stated the Parks Advisory Board would meet on November 18, 2016. TOWN ADMINISTRATOR REPORT. Administrator Lancaster stated the FLAP Program Decision Committee met to discuss the funding for the Downtown Estes Loop. In reviewing the FLAP projects slated for construction, the Committee moved the Town funding for the Loop project to 2021 because there were a number of shovel ready projects that could be completed now. The funding for the project remains available and if costs increase they have committed Board of Trustees — November 8, 2016 — Page 2 to fund the entire project. The project would move forward if approved by the Town with acquisitions of properties occurring immediately. The project could move up in priority. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 25, 2016 and Budget Study Session Minutes dated October 14 and 21, 2016. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services Committee Minutes dated, October 27, 2016. 1. The Harmony Foundation Inc., Variance and Annexation Fee Waiver Request, $3,225.00 - Unbudgeted. 4. Estes Valley Board of Adjustment Minutes dated October 4, 2016. (acknowledgement only). 5. Estes Valley Library District Board Appointments: • Beth Ellis to complete Debra Dullaghan's term ending December 31, 2017. • Ann Coleman, 4-year term beginning January 1, 2017, expiring on December 31, 2020. • Judy Fontius, 4-year term beginning January 1, 2017, expiring on December 31, 2020. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP FROM DEER RIDGE INC. DBA THE OTHER SIDE RESTAURANT TO CADESO LLC DBA THE OTHER SIDE RESTAURANT, 900 MORAINE AVENUE, ESTES PARK, COLORADO. HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current Hotel and Restaurant liquor license. All required paperwork and fees were submitted and a temporary license was issued on October 1, 2015. During a recent compliance check on October 14, 2016, a shift manager and staff member failed to check the ID and served an underage operative. The shift manager was a staff member of the previous business owner and has elected to go through the Restorative Justice process rather than District Court. The Applicant stated they have been in contact with the State regarding the violation and have agreed to stipulate the violation and pay a fine in lieu of serving time. The applicant and manager have been TIPS trained in the past and have renewed their cards. Liquor policies were delivered to the Town Clerk's office and the applicant plans to hold an all employee meeting to review the policy and other liquor issues. After further discussion, it was moved and seconded (Nelson/Koenig) to approve the transfer to Cadeso LLC dba The Other Side Restaurant, 900 Moraine Avenue, Hotel and Restaurant Liquor License, and it passed unanimously. 3. ACTION ITEMS: 1. PUBLIC HEARING — 2017 BUDGET. Town Administrator Lancaster presented the Board with the results from the ranking the Board conducted of 22 budget items and the impact of each on the fund balance if added to the 2017 budget, including items such as the addition of a Dispatcher, AV for Study session full live broadcast, restore equipment rental to clean storm drains, restore police Board of Trustees — November 8, 2016 — Page 3 training, Document Management software and equipment, Community Service Grant funding for Housing Authority, Park-n-Ride Express Shuttle between Event Center, complete radio conversion from VHF to 800 Mhz for Streets, Community Services Grant for EVICS, additional footing material for Event Complex arena, and increase advertising/promotional budget, If all items were included the ending fund balance would be estimated at 23% for 2017. Board discussion followed and has been summarized: questioned if the 5% sales tax growth was reasonable considering Hwy 34 would be closed for a portion of the year; how often sales tax revenue would be reviewed to potentially add additional items; the extension of the shuttle service could be decided as late as April 2017; patching the parking lots would extend the life of the lots and the Board consensus was to add the item to the budget bringing the ending fund balance down to 22%; and the Board consensus was to add funds to provide a static video recording of the Board study session meetings to be rebroadcasted in lieu of providing live streaming of the meetings. Trustee Nelson commented the process of ranking items did not work for him because it did not provide the opportunity to have a philosophical discussion and identify priorities. He stated the proposed fund balance would be conservative. Finance Director Hudson stated staff would add the items proposed by the Board and present the final budget at the December 13, 2016 meeting for the Board's consideration and adoption. A revised detail summary would be submitted for the Board's review. Maria Cruz/Town and Veronica Pacheco/citizen thanked EVICS for the assistance they provided her in becoming a childcare provided in Estes Park. She also thanked the Board for the support the Town has provided to EVICS and the support to the families of Estes Park. Art Messal/Town citizen commented additional information should be made available for the citizen on the budget process and proposed changes during the process. He requested the Town not fund the EDC as it is a private venture with no accountability to the public. The organization should be funded by the businesses of the town. Michelle Hiland/Town citizen questioned why the Town pays for advertising for the Event Center and commented Visit Estes Park/Local Marketing District should be funding the advertising. She questioned the funding to the EDC and stated perhaps the Town does not need to be a keystone donor. It was moved and seconded (Holcomb/Martchink) to continue the public hearing to the December 13, 2016 Town Board meeting, and it passed unanimously. 2. RESOLUTION #21-16 AUTHORIZING THE TOWN TO FILE IN WATER COURT AN APPLICATION FOR AN AUGMENTATION PLAN FOR THE SCOTT PONDS PROJECT. Attorney White stated the Resolution would identify the Town's intent to appropriate the new water right and exchange; and authorize the filing of an Application for Water Right, Change of Water Rights, and Plan for Augmentation of the Town of Estes Park for the Carriage Hills Ponds 1 and 2 (Scott Ponds). This action would allow the Town to fill and maintain the water level in the reconstructed ponds and dam system destroyed during the 2013 flood. The application includes four components: changing a portion of the Pond 2 water right into Pond 1; adding a new enlargement water right for the additional capacity of Pond 1; a plan for augmentation to replace evaporation and periodic refill with Windy Gap water or wastewater; and an exchange of the Windy Gap water or wastewater up to the ponds. The end result would be to have the old rights for the ponds, which total 7.26 acre feet, redistributed to fully cover Pond 2 and cover Pond 1 to the extent of the right, Board of Trustees — November 8, 2016 — Page 4 add a new water right for the additional capacity of Pond 1, and to use the plan for augmentation and the exchange to keep the ponds continuously full. The Town has received a CBDG-DR grant in the amount of $133,000 to obtain approval of the water rights and Augmentation Plan through the Water Court. Revenues from this grant were appropriated in the 2016 Budget. It was moved and seconded (Koenig/Holcomb) to approve Resolution 21-16, and it passed unanimously. 3. ORDINANCE #23-16 EXTENDING INTERIM FLOODPLAIN REGULATIONS. Director Hunt stated the proposed Ordinance would continue the temporary building requirements for development on lots adjacent to drainages established in Ordinance 13-13. The Ordinance would allow permanent construction in areas affected by the 2013 flood, while taking appropriate measures to reasonably protect lives and properties from flooding and minimize potential non-compliance with FEMA regulations. The Ordinance would be effective immediately and in force through May 31, 2017. Attorney White read the Ordinance into the record. It was moved and seconded (Norris/Holcomb) to approve Ordinance 23-16, and it passed unanimously. 4. DOWNTOWN PLAN COMMITTEE REAPPOINTMENT. Director Hunt stated staff proposes the reappointment of the current committee members through December 31, 2017 to coincide with the completion of the report and grant funding. It was moved and seconded (Holcomb/Martchink) to approve the reappointment of Tom Dority, Kimberly Campbell, Holly Moore, Ginny McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer and Ron Wilcocks to the Downtown Plan Steering Committee, effective upon approval and continuing through December 31, 2017, and it passed unanimously. 5. LOCAL MARKETING DISTRICT BOARD APPOINTMENT. Town Clerk Williamson stated the position being filled on the Board was held by Scott Webermeier who has served two four-year terms on the committee, and therefore, term limited. The position was advertised and five applications were received. Interviews were conducted by Trustees Martchink and Walker with LMD member Webermeier attending. The Committee recommended Charley Dickey for a four-year term beginning January 1, 2017 through December 31, 2020. Trustee Martchink thanked the applicants for their interest and would encourage them to reapply as the Town has an appointment to the Board each year. Art Messal/Town citizen questioned the current Board and the appointment process utilized by the Town Board. He stated appointments to the LMD should have experience with marketing and have the ability to hold the staff accountable. The LMD should serve the Town and not themselves. Adam Shake/Local Marketing District Board member stated the Board supports the appointment of Charley Dickey. It was moved and seconded (Holcomb/Martchink) to approve the appointment Charley Dickey to the Local Marketing District Board for a 4- year term beginning January 1, 2017 expiring on December 31, 2020, and it passed unanimously. 6. CONFERENCE CENTER CONCESSION AGREEMENT WITH DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC. Attorney White presented the concession agreement with the company purchasing the Rocky Mountain Park Inn in November 2016. The Town entered into a ground lease in 1989 to allow the construction and operation of the Estes Park Conference Center. Following construction of the Conference Center, the Town entered into the Service Agreement and the Food and Beverage Concession Agreement with the property owner. Pursuant to these agreements, the then Board of Trustees — November 8, 2016 — Page 5 Holiday Inn and now Rocky Mountain Park Inn, was responsible for providing services for the operation and food and beverage concessions for the Conference Center. The Town was required to provide marketing services for the Conference Center. Those agreements have been renewed over the years with the last renewal being effective January 1, 2011. The purchaser known in the concession agreement as Rocky, has requested the Town enter into a new agreement to combine the current service and food and beverage agreements, which would be substantially the same as the current agreements. Rocky has indicated that following the purchase of the Rocky Mountain Inn property, it would make considerable upgrades to the property and any capital improvements to the Conference Center would be charged against the ground lease not to exceed the limits of the lease annually. After further discussion, it was moved and seconded (Koenig/Holcomb) to approve the Conference Center Concession Agreement between the Town of Estes Park and DNC Parks & Resorts at Rocky Mountain Park Inn, Inc., and it passed unanimously. 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Holcomb) to enter Executive Session for a conference with the Town Attorney for the purposes of receiving legal advice on specific legal questions per Section 24-6-402(4)(b), C.R.S., ballot , and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:25 p.m. to enter into Executive Session. Mayor Jirsa reconvened the meeting to open session at 8:48 p.m. ACTION ITEM: DETERMINE POSITION ON BALLOT ISSUE 1A SALES TAX OVERAGE. Attorney White stated the TABOR amendment of 1992 requires a taxing entity proposing a tax must estimate the taxes to be collected in the first full year of collection and further stated any tax revenues collected in excess must be refunded. The tax exceeded the estimated revenues of $2 million established in the TABOR notice by $418,000 and did not exceed the spending limits identified in the notice. The Board must decide to either return the excess funds or hold an election to request the Town retain the funds; however, the election can only occur at a regular Municipal Election or a Coordinated Election in November. It was moved and seconded (Walker/Holcomb) to return the $418,000 overage by zeroing out the property taxes and applying the remainder as a credit to the Light and Power utility customers, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:52 p.m. Todd Jirsa, Mayor ie Williamson, Town Clerk