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HomeMy WebLinkAboutTB Study Session 2013-12-10 Town of Estes Park, Larimer County, Colorado, December 10, 2013 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of December, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Norris, and Phipps Also Attending: Town Administrator Lancaster, Town Attorney White, and Deputy Town Clerk Deats Absent: Mayor Pinkham and Trustee Koenig Mayor Pro Tem Blackhurst called the meeting to order at 4:30 p.m. TRUSTEE COMMENTS. Trustee Ericson asked that Assistant Town Attorney John Frey be invited to come to Estes Park at some point in the future to meet the Board. Public comment was not taken at a special Town Board meeting held on December 5th, and both Trustees Norris and Phipps stated that they had been contacted by members of the citizenry about the failure of the Board to take input. Mayor Pro Tem Blackhurst stated that there is an expectation that public comment will be taken when the Board meets, however it is not a requirement. Town Administrator Lancaster said that in the future if public comment will not be allowed, it will be clearly communicated to the public prior to the meeting. Trustee Norris expressed the need to ensure that the community has accurate information related to the proposed sales tax increase and recommended a discussion be held regarding any changes to the proposal that may be needed due to the flood. Town Administrator Lancaster noted that the next edition of The Bugle will provide information about how the Town’s tax rate compares with other communities. Trustee Ericson made a presentation on the Board’s 2014 goals and objectives at a recent noon Rotary Club meeting. FUTURE STUDY SESSION AGENDA ITEMS. Discussions at future study sessions will include a review of the inventory of Town- owned property; an inventory of available commercially-zoned property; a review of all events conducted each year including both Town sponsored and non-Town sponsored events; and strategic planning. Town Administrator Lancaster noted that the strategic planning discussion will take place after the new Board is seated in April. Trustee Ericson requested that short descriptions be added to the future study session agenda items in the future to provide the Trustees with the focus of the discussion; and requested that the agenda items be listed in Board priority order. DISCUSS POLICY ON ACCEPTING ART, GIFTS, NAMING OF PARKS. Suzanne Janssen, Public Art/Business Services Manager for the City of Loveland, said that in 1985 the City of Loveland made a commitment to public art and instituted a program called “1% for the Arts” which designates 1% of each city capital project of $50,000 or more for the acquisition, conservation, maintenance, and installation of public artwork; and said that there are currently 419 pieces in the City of Loveland’s collection. The City of Loveland appointed a nine-member Visual Arts Committee Town Board Study Session – December 10, 2013 – Page 2 . (VAC) to manage the funds generated by the “1% for the Arts” program, which provides public/community input, removes decision-making about public art from the governing body and puts it into the hands of the residents serving on the VAC. She noted that the VAC uses guidelines contained in the “Art in Public Places Handbook of Guidelines” to make decisions related to donated and purchased artwork. The guidelines provide the VAC with concrete, consistent guidelines, and a process to support its decisions. Guidelines for deaccessioning of artwork is also included in the handbook. Since people’s perception of art is very subjective, it is important to have criteria to follow that will help to determine the appropriateness, location, and safety of the piece of art. Ms. Janssen suggested an inventory of artwork currently owned by the Town of Estes Park be compiled and offered to provide a template for this project. She said the inventory information should include the location of the work, the donating party if applicable, the title of the work, the artist’s name, the medium, and the appraised value. The Board thanked Ms. Janssen and said the information she provided will be helpful as staff moves forward with recommendations. Trustee Elrod expressed concern that the Town is not taking proper care of the assets it currently owns. He suggested that the care and maintenance of the current collection be addressed and noted that it may be beneficial to involve Museum Director Fortini in discussions as public art guidelines are created and proposed. Town Administrator Lancaster said a creative arts district as well as an artwork loan program may also be appropriate topics for future discussion and consideration. MUNICIPAL COURT FINES & COURT OF RECORD. Municipal Court Judge Brown said becoming a Court of Record would require that an audio recording of court proceedings be made and maintained for the statutory retention period. He said the types of court cases heard in Municipal Court would remain the same, however, becoming a Court of Record would be beneficial if a decision of the municipal court is appealed, and would also allow for higher fines to be imposed. The current maximum fine that can be imposed in the Town of Estes Park Municipal Court is $300 which limits the ability of the Judge to impose a suspended sentence or to allow for restitution to be paid. The maximum fine that can be imposed in a Court of Record is $2,650. Judge Brown noted that becoming a Court of Record would allow him to issue search warrants, and would also provide a level of protection for the Police Department officers and the Court. With the proceedings being recorded, any allegations or threats made in Court would be on the record. He noted that the Town Board room, which is where Municipal Court is held on the first and third Wednesdays of each month, is already equipped with an audio recording device that could be utilized by the Municipal Court Clerk to record the proceedings, so no additional cost would be incurred. The Trustees directed staff to move forward with an ordinance that would make Municipal Court a Court of Record with a maximum fine of $2,650 to provide the Judge with greatest amount of sentencing flexibility. The ordinance will be brought to the Board in January 2014. FLAP GRANT – NEXT STEPS. The Town of Estes Park was successful in acquiring grant monies from a program designed to improve access to public lands, in this case, Rocky Mountain National Park (RMNP). Federal Lands Access Program (FLAP) funds in the amount of $13,005,000, will be utilized to construct a one-way couplet in downtown Estes Park. Additionally, Colorado Department of Transportation (CDOT) and Responsible Acceleration of Maintenance and Partnerships (RAMP) matching funds in the amount of $4,200,000, will bring the project budget to $17,205,000. Director Zurn noted that the support of and coordination with RMNP is required throughout the project. Agencies involved in the implementation of the one-way couplet project are RMNP, the Town of Estes Park, CDOT and the Central Federal Lands Highways Division (CFLHD). He said staff is beginning to work on determining the roles of each agency in order to create a Memorandum of Understanding (MOU) that will define these roles. He noted that the CFLHD has an in-house design and construction oversight team that has expressed Town Board Study Session – December 10, 2013 – Page 3 . interest in providing design and construction management, as well as property acquisition services for the project. He said CDOT is only interested in providing construction management services for the project; and for the Town to do the project in- house, additional staff would be required. Director Zurn noted that CFLHD is the agency most familiar with the rules and regulations required for compliance with FLAP and with a track record and experience-base in this type of project. Discussion is summarized: CFLHD has the resources and experience to do the project; CFLHD is the natural leader for the project; precisely define authorities, roles, and communication channels in the contract; need to be clear with the public that the project channels traffic out of town; how will this affect other roadways and businesses; significant issues to deal with from community point of view; federal agency may not understand importance of community issues and suitable construction schedule; the Town does not need to manage the project, but needs to be involved as a project owner; and Town acts as owner’s representative to protect the best interest of the community. Larry Gamble, Chief of Planning at RMNP, said the Park supported the Town’s application for the FLAP funds but will play a minor role in the project due to the distance between the Park and downtown Estes Park where the one-way couplet will be built. The Board noted that the project design process requires a considerable amount of public comment and input and questioned the federal agency’s willingness to work with the Town on local issues. Director Zurn stated he believes CFLHD will be receptive to the Town’s concerns and sensitivities to the project. He said he is confident in CFLHD and asked if the Board had concerns about the Town’s decision-making process for design, streetscape, and the future of trails and developable properties within this structure. The Board stated that a decision-making process must be defined as part of the MOU. Belle Morris, speaking on behalf of the Transportation Advisory Committee (TAC) stated that the TAC membership voted in support of the Town hiring a private firm for the project, rather than using CFLHD for design and construction management. The TAC’s concerns included losing the ability to provide public comment on the design and the inability to maintain the subtleties of Estes Park through the design process. She stated the TAC favored a private contractor in order to keep more control in the hands of the Town. Mayor Pro Tem Blackhurst stated that the NEPA study process requires public input and will establish the values of the design and said he is not overly concerned that public input will not be heard. He said the TAC should be involved in the NEPA process to provide input and express concerns as well as being engaged in the entire project. He said that the Board does not have enough information at this time to give clear direction, and proposed that staff begin negotiating roles and return to the board with role definitions for review. Director Zurn said an MOU would be brought forward to the Board in early spring 2014 for consideration and adjustments or revisions. The Board requested that additional discussion of the MOU be held at the January 14, 2014, study session since early planning is important to the success of the project. There being no further business, Mayor Pro Tem Blackhurst adjourned the meeting at 6:33 p.m. Cynthia Deats, Deputy Town Clerk