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HomeMy WebLinkAboutPACKET Town Board 2013-09-24 The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 24, 2013 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Policy Governance Report. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 10, 2013 and Town Board Study Session Minutes dated September 10, 2013. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee – September meeting cancelled. 4. 2013 - 2015 Seasonal Display Installation, Maintenance and Removal Contract, Reed Logging and Tree Service - $39,000/2013 with contract continuation for 2014 and 2015 per budget appropriations and work performance. 5. Postponing Liquor Show Cause Hearings set by Resolutions #23-13, #24-13, #25- 13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub & Grill and Nicky’s Restaurant & Lounge until November 26, 2013. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – APPENZELL CORP., DBA THE APPENZELL INN, TO APPENZELL INN HOTEL & SUITES, INC., DBA APPENZELL INN, 1100 BIG THOMPSON AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson. Prepared 9/09/13 *Revised: 09/23/13 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. REPORTS AND DISCUSSION ITEMS: 1. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland. 4. ACTIONS ITEMS: 1. APPROVAL OF TRANSPORTATION ADVISORY COMMITTEE BYLAWS. Director Zurn. 2. INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID WITH THE CITY OF FORT COLLINS. Town Administrator Lancaster. 5. ADJOURN. * TOWN BOARD MEETING September 24, 2013 Town Administrator Report: Policy Governance Report Materials for this item will be provided by Town Administrator Lancaster at the Town Board Meeting or sooner if possible. Town of Estes Park, Larimer County, Colorado, September 10, 2013 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 10th day of September, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Greg White, Town Attorney Cynthia Deats, Deputy 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. RESOLUTION OF RESPECT FOR ASSISTANT TOWN ADMINISTRATOR RICHARDSON. Mayor Pinkham read a Resolution of Respect for Assistant Town Administrator Lowell Richardson and thanked him for his service to the community. Mr. Richardson has accepted a position in Commerce City and will be leaving the Town of Estes Park after 12 years of employment. He stated he has expanded his professional knowledge and built valuable friendships and relationships with Town staff and the community, and said it has been an honor to serve the Town Board and the community of Estes Park. PUBLIC COMMENT. Charley Dickey, Town resident, said the results of the survey regarding the impact of the USA Pro Challenge bike race are being compiled and will be distributed to the Town Board at the next Town Board meeting. He said 245 responses to the survey have been received so far, and noted that all the comments received will be included in the survey summary. TOWN BOARD COMMENTS / LIAISON REPORTS. Mayor Pro Tem Blackhurst invited the public to attend the regular meeting of the Estes Park Housing Authority that is scheduled for 8:30 a.m., Wednesday, September 11, 2013, in Town Hall Room 203. He, and Trustees Koenig and Norris thanked Assistant Town Administrator Richardson for his service to Estes Park. TOWN ADMINISTRATOR REPORT. 1. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated August 27, 2013, and Town Board Study Session Minutes dated August 27, 2013. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, August 22, 2013. Board of Trustees – September 10, 2013 – Page 2 1. Resolution #22-13 Fall Surprise Sidewalk Sale, October 12-13, 2013. 4. Estes Valley Board of Adjustment Minutes dated August 6, 2013 (acknowledgement only). 5. Technical Review Committee Minutes dated July 29, 2013 (acknowledgement only). 6. Resolution #23-13 – Scheduling a Show Cause Liquor Hearing for Hess Enterprises, Inc., dba HUNTERS CHOP HOUSE, 1690 Big Thompson Avenue, Hotel & Restaurant Liquor License on September 24, 2013. 7. Resolution #24-13 – Scheduling a Show Cause Liquor Hearing for Big Horn Restaurant, Inc., dba BIG HORN RESTAURANT, 401 W. Elkhorn Avenue, Beer & Wine Liquor License on September 24, 2013. 8. Resolution #25-13 – Scheduling a Show Cause Liquor Hearing for Cables Estes, LLC, dba CABLES PUB & GRILL, 451 S. St. Vrain Avenue, Hotel & Restaurant Liquor License on September 24, 2013. 9. Resolution #26-13 – Scheduling a Show Cause Liquor Hearing for Nicky’s Restaurant & Lounge, LTD., dba NICKY’S RESTAURANT & LOUNGE, 1350 Fall River Road, Hotel & Restaurant Liquor License on September 24, 2013. It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS: 1. STIPULATION AGREEMENT – CAFÉ DE PHO THAI, INC., DBA CAFÉ DE PHO THAI, 225 W. RIVERSIDE DRIVE, TAVERN LIQUOR LICENSE. On July 25, 2013, during a compliance check conducted by the Estes Park Police Department and the State Liquor Enforcement Division, an employee of Café de Pho Thai sold alcohol to an underage operative. A tavern liquor license was issued to the establishment in May of 2011; this is a first offense at this location. A stipulation agreement for a 21 day suspension with 5 days served and 16 days held in abeyance for one year from September 10, 2013, was presented to the Board. The licensee, Dinesh Shakya, said that since the violation he has provided additional training for his staff, including discussing the vertical format of Colorado “under 21” IDs, and posting the “legal age” birthdate each day for employees to refer to when checking IDs. Mayor Pinkham expressed concern with the period of time allowed for TIPS training to occur. Town Clerk Williamson stated that current guidelines require TIPS training within six months of opening. It was moved and seconded (Blackhurst/Koenig) to approve the stipulation agreement with Café De Pho Thai, Inc., and it passed unanimously. 2. STIPULATION AGREEMENT – EP RESORTS, INC., DBA MARYS LAKE LODGE, 2625 MARYS LAKE ROAD, TAVERN LIQUOR LICENSE. On July 25, 2013, during a compliance check conducted by the Estes Park Police Department and the State Liquor Enforcement Division, an employee of Marys Lake Lodge sold alcohol to an underage operative. This is the first violation at this location under the current owner who acquired the license in March 2013. The establishment follows a no tolerance policy, and employment for the employee who committed the violation was terminated. The stipulation agreement proposes a 21 day suspension with 5 days served and 16 days held in abeyance for one year from September 10, 2013. Due to scheduled events, one day of suspension would be served, the establishment would then be allowed to serve alcohol during scheduled wedding events, with the additional four days served following the events. Trustee Elrod voiced concern about scheduling the suspension around events. He said staff is in an unenviable Board of Trustees – September 10, 2013 – Page 3 position of working through stipulation agreements with minimal direction from the Board. He said according to State guidelines, a first offense could carry a penalty of a warning only and said penalty guidelines need to be discussed at the October 8th Town Board Study Session. Town Clerk Williamson concurred. The licensee, Morgan Mulch noted that all of his staff had been to TIPS training with local trainer Barb Boyer Buck and that he is purchasing equipment for his establishment that will display the date of legal age, and black light flashlights to assist in checking IDs. In addition, a review of standard operating procedures was conducted and the staff structure revised to ensure that alcohol is being served by properly trained staff. Mr. Mulch described a new electronic device that can be utilized by staff to scan IDs. He said the device costs between $750 and $1000 each and proposed purchasing the devices for his staff at a cost of $8,000 to $10,000 as a pilot program in lieu of the suspension. Trustees Norris and Koenig said they were pleased with the various steps being taken by management and thinking outside the box, but questioned the benefit of this pilot program. Trustee Koenig suggested continuing the decision until more information and discussion about the ID scanning system could occur. Mayor Pro Tem Blackhurst opposed continuing the item and advocated for making a decision related to the stipulation agreement presented. Attorney White outlined the options available to the Board as 1. accept the stipulation agreement as presented; 2. amend the stipulation agreement to accommodate the licensee’s request; and 3. continue the item to a future meeting with the licensees consent. It was moved and seconded (Elrod/Blackhurst) to approve the stipulation agreement with EP Resorts, Inc., dba Marys Lake Lodge as presented, and it passed unanimously. 3. STIPULATION AGREEMENT – EVEREST KITCHEN, LLC, DBA FAMOUS EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF PREMISES LIQUOR LICENSE. On July 25, 2013, during a compliance check conducted by the Estes Park Police Department and the State Liquor Enforcement Division, an employee of Famous Eastside Groceries sold alcohol to an underage operative. This is a first violation at the location under the current ownership; the 3.2% Beer Off Premises liquor license was issued to Bipin Shrestha in December 2012. Mr. Shrestha was not on the premises when the violation occurred, having left the establishment to run an errand. Since the event, Mr. Shrestha has reviewed the liquor laws with his employees, reminded them about the vertical format of an “Under 21” Colorado driver’s license, and stressed the need to check ID prior to selling alcohol to customers. He said he will ensure that future employees are well trained. The stipulation agreement is for a 21 day suspension with 5 days being served and 16 days held in abeyance for one year beginning September 10, 2013. It was moved and seconded (Blackhurst/Norris) to approve the stipulation agreement with Everest Kitchen, LLC, dba Famous Eastside Groceries, and it passed unanimously. 4. STIPULATION AGREEMENT – ROCKY MOUNTAIN PHARMACY OF E.P., INC., DBA ROCKY MOUNTAIN PHARMACY OF E.P., 453 E. WONDERVIEW AVENUE #1, LIQUOR LICENSED DRUG STORE LIQUOR LICENSE. On July 25, 2013, during a compliance check conducted by the Estes Park Police Department and the State Liquor Enforcement Division, an employee of Rocky Mountain Pharmacy sold alcohol to an underage operative. The pharmacy was first issued a liquor license in 1994 and violations occurred in the past at this location in June 2001, April 2006, and October 2009. Therefore, a stipulation agreement for 21 days of suspension with 10 days served and 11 days held in abeyance for one year from September 10, 2013, is being proposed. Greg Barton, licensee, stated that the Pharmacy has a no tolerance policy, and employment was terminated for the employee who committed the violation. He said he is looking into a cash register system that would require ID verification before allowing an alcohol sale to occur. He said he provides training to his employees and thought adequate procedures were in place to keep violations from occurring. He said following the violation, Board of Trustees – September 10, 2013 – Page 4 employees are required to ID all customers who are purchasing alcohol at the store. It was moved and seconded (Blackhurst/Phipps) to approve the stipulation agreement with Rocky Mountain Pharmacy of EP, Inc., dba Rocky Mountain Pharmacy of EP, and it passed unanimously. 5. STIPULATION AGREEMENT – DEER RIDGE, INC., DBA NATIONAL PARK VILLAGE SOUTH, 900 MORAINE AVENUE, 3.2% BEER OFF PREMISES LIQUOR LICENSE. On July 25, 2013, during a compliance check conducted by the Estes Park Police Department and the State Liquor Enforcement Division, an employee of National Park Village South sold alcohol to an underage operative. National Park Village South has held a liquor license since 1978. The license was originally issued by Larimer County and was transferred to the Town of Estes Park in 1983. Although previous violations at the location occurred in 1993 and 2001, this violation is being viewed as a first offense. The stipulation agreement calls for a 21 day suspension with five days served and 16 days held in abeyance for one year beginning September 10, 2013. Scott Webermeier representing Deer Ridge, Inc., said this is the third violation in 35 years of operation and said the he understands the gravity of the situation. He said employees are trained and cash registers at the market prompt the clerk to ensure that the ID presented is from a customer of legal age to purchase alcohol. He noted that people from many different cultures and points of view come to Estes Park during the summer season to find employment and that the seriousness of the consequences of a violation may not always be fully understood. Mr. Webermeier suggested a topic for discussion at the October 8th Study Session might be that the traditional TIPS training be split into two sessions to address serving alcohol to guests in a restaurant-type situation vs. selling alcohol at a super market-type establishment. He apologized for the violation and said he will continue to train his employees and ensure that his permanent employees are TIPS trained. It was moved and seconded (Blackhurst/Koenig) to approve the stipulation agreement with Deer Ridge, Inc., dba National Park Village South, and it passed unanimously. Trustee Norris stated that all of the liquor licensees brought up good topics for the discussion to be held during the October 8th Town Board Study Session. 6. TRANSFER OF OWNERSHIP – TAHARAA MOUNTAIN LODGE, INC., DBA TAHARAA MOUNTAIN LODGE, TO TAHARAA, LLC, DBA TAHARAA MOUNTAIN LODGE, 3110 S. ST. VRAIN AVENUE, TAVERN LIQUOR LICENSE. The Clerk’s office received an application to transfer the Tavern Liquor license currently held by Taharaa Mountain Lodge, Inc., on June 27, 2013. All necessary papers and fees were submitted by the applicant, Taharaa, LLC, and a temporary license to allow the applicant to continue operating under the existing liquor license during the transfer process was issued. To date, the owners have not completed TIPS training, however, the bartenders currently on staff have been trained and the new owners are looking in to getting TIPS training scheduled. Mayor Pro Tem Blackhurst stated that the Board takes liquor licensing seriously as evidenced by Board action related to recent liquor law violations and cautioned the owners to adhere to Colorado liquor law. It was moved and seconded (Blackhurst/Koenig) to approve the transfer application for a tavern liquor license filed by Taharaa LLC, dba Taharaa Mountain Lodge, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER (MPEC) & STALL BARN CONSTRUCTION UPDATE. Director Zurn said that the exterior steel siding around the stall barn is complete, as is the slab and plumbing for the restroom and lobby areas, and crews are actively working on preparing to install insulation and roof panels. Board of Trustees – September 10, 2013 – Page 5 The buildings include an extensive insulation package in order to meet the environmental code for assembly use. The MPEC foundations are complete and have been backfilled, plumbing is going in and the underground work is wrapping up. The erector will be sorting out the steel and moving over to the MPEC site. The project is on track schedule-wise at this point, however, it has been a rough week weather-wise. The budget is on track and into 1% of the contingency to date. Dir. Zurn said that it has been determined that the IT room which was originally designed to serve as a remote duplicate server room is no longer needed for that function. Therefore, the duct work will be installed in the room, however, the cooling and heating units will be eliminated. He said that the project is being documented daily with photographs. Town Administrator Lancaster said that the marketing plans for the MPEC are under way and said the consultant has been meeting with community members, staff, and owners of other venues to put together a plan that will fit in with the community. Dir. Zurn added that the landscape irrigation system contractor who declared bankruptcy in the middle of the project at the fairgrounds has agreed to finish the project. All the lines have been successfully tested and the project is nearing completion. 4. ACTION ITEMS: 1. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE SCHEMATIC DESIGN APPROVAL. A three-day public process to receive input on a proposed design for the visitor center transit facility parking structure was held September 4-6, 2013. Dir. Zurn noted that 180 people were involved in the process and participated in various ways including attendance at the sessions and via the internet. The parking structure is a grant-funded project that includes federal, state and Town of Estes Park funds with a budget of $4.6 million. A federally regulated selection process was followed to select a design firm, with Walker Parking Consultants being awarded the design contract. Dir. Zurn and the design team presented a schematic that was the result of the early phases of design work. Dir. Zurn cautioned that the team produced the design concept utilizing the input and comments provided during the public process, however, the design presented may not necessarily fit the project budget. He said the focus will be to get the structure built and said the civil site work may have to be done at a later date. Bob Stanley and Joey Carrasquillo reviewed the design that creates a transitional zone between parking on the west side of the site and the transit parking facility on the east side with the visitor center in the middle. The components are set up to act as an entire complex that works well together rather than individual elements, and together would accommodate a total of 285 vehicles in the structure and surface parking combined. The structure at an approximate height of 27 feet is designed with full-sized parking spaces for high turnover use. Space between the buildings will create a critical outdoor environment that will be utilized to welcome guests as well as to integrate nature into the structure. In addition, the stairway is revealed on the outside of the structure as an architectural feature and to provide pedestrians the opportunity to see the existing views. Mr. Carrasquillo displayed a variety of materials that could be utilized in the structure including precast concrete panels that could be imprinted with nature scenes or covered with vines to create a “green” wall. He gave examples of other materials such as stone, logs, engineered timbers, and weathered metal that could be incorporated into the structure. The Board’s comments are summarized: design of the parking structure is less important than the efficient functioning of the visitor center and shuttle operations; are we getting carried away with the design; two stair cases are required by code for a structure this size; preliminary design will be submitted to the Planning Commission in October but the design can be brought back to the Board if additional questions arise or additional information is needed; architecture of the parking structure should not dominate the site; restrooms are located underneath the porch and do not decrease the number Board of Trustees – September 10, 2013 – Page 6 of parking spaces; anticipated completion of the structure is early summer; unclear if the project can be completed by Memorial Day; the dimensions of the proposed structure are 122 feet by 250 feet; prefer seeing stamped concrete rather than vines on the building wall; vines are high maintenance; lighting will comply with dark sky ordinance; does the stairway roof design increase costs related to wind loads?; pleased with the design overall; the structure may not require a sprinkler system if full access in and around all areas of the site is provided; concerned about the cost of the project; keep a list of “must haves” and items that can be trimmed in order to accommodate the project budget; make sure the parking structure design meets the grant criteria; the visitor experience weighs in heavily with federal lands use goals; and snow removal from the top level of the structure can be accomplished with a plow. Trustee Phipps said the Board should have the opportunity to review the design following the Planning Commission’s evaluation of the project. Dir. Zurn said the Board will continually be provided with reports on the project related to budgets, making decisions and setting priorities. It was moved and seconded (Norris/Koenig) to approve the conceptual design and proceeding with that design with the understanding that there will be frequent updates and discussions with staff, and it passed unanimously. Town Administrator Lancaster said that staff will provide project updates to the Board at each study session prior to Estes Valley Planning Commission review to ensure the Board is comfortable with the project design being submitted. The Board, as owner, will be kept informed and involved in decision-making throughout the project. Kimberly Campbell, Town resident and Chair of the Transportation Advisory Committee, spoke in favor of the parking structure and the proposed preliminary design. She commended the Board on taking a progressive approach to planning the project and thanked the design team for listening to input provided during the planning sessions. She said the design team did a good job designing a structure that will enhance the visitor center and provide visitors with a warm welcome to Estes Park, and expressed support for the process. 2. LOCAL MARKETING DISTRICT BOARD APPOINTMENT. Interviews to fill a position on the Local Marketing District (LMD) Board of Directors vacated by Kathy Palmeri were conducted on September 3, 2013, by an interview team which included Trustees Norris and Phipps, and Town Administrator Lancaster. Ms. Palmeri submitted her resignation in August because she no longer met the residency requirements outlined in the Intergovernmental Agreement for appointees to the Board. The interview committee recommends the appointment of Adam Shake to complete Ms. Palmeri’s term through December 31, 2013, and to serve an additional four- year term beginning on January 1, 2014, and running through December 31, 2013. Mr. Shake has been a resident since 2011 and has a background in business management, marketing, and social media. Bill Almond, County resident and president of the Visit Estes Park Board, thanked the Board for their continuing support of the LMD and said it will be an honor to work with Mr. Shake. It was moved and seconded (Norris/Phipps) to approve the appointment of Adam Shake to the Local Marketing District Board, and it passed unanimously. 3. COMMUNITY SERVICE GRANT REVIEW COMMITTEE APPOINTMENT. Due to the recent resignation of Assistant Town Administrator Lowell Richardson, it is necessary to appointment a replacement to the Community Service Grant Review Committee. Staff is recommending Town Clerk Williamson to serve on the committee. Ms. Williamson is familiar with the grant process, as the program was previously administered through the Town Clerk’s office prior to being transferred to Administration office staff. It was moved and seconded (Blackhurst/Elrod) to approve the appointment of Town Clerk Board of Trustees – September 10, 2013 – Page 7 Williamson to the Community Service Grant Review Committee, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:36 p.m. William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado September 10, 2013 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 10th day of September, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:33 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Elrod stated concern with the coordinated response to public comments received by the Board. The Town Administrator would be responsible for providing a coordinated response to the public. The Board agreed it would be appropriate for the individual Board members to acknowledge receipt of the message and that staff would be responding on behalf of the Board. FUTURE AGENDA ITEMS. Trustee Norris requested a debriefing on the Pro Cycle Challenge be added to an upcoming study session. Trustee Ericson suggested the Board discuss the order of agenda items with action items coming earlier during the meeting. The study session items listed but not scheduled should be reviewed by the Town Board to set a priority on bringing items forward. Trustee Phipps commented on the need for the Board to discuss the review process used for the parking garage design. Town Administrator Lancaster stated the Town has completed half of the process and suggested the process be reviewed once it has been fully completed. LIQUOR LICENSE HEARING PROTOCOL. Mayor Pinkham stated concern with the questioning that took place during the liquor hearings at that last meeting. The licensees were treated as defendants with excessive probing and battering. Attorney White stated the licensee has agreed a violation has occurred through the negotiated stipulation agreement, and therefore, the Board does not need to find the licensee guilty of the violation. The Board’s responsibility is the approval of the appropriate penalty for the violation that occurred. The Board may consider any aggravating or mitigating measures when determining the penalty. Public comment on liquor violations should not be taken or used to determine the appropriate penalties. The Board discussed the process and commented on the need to not repeat questions asked of the licensee and to be an active listener; Board members need to request a point of order when appropriate; and businesses passing the compliance check should be published. Town Clerk Williamson stated a letter has been sent in the past to all licensed establishments that pass a compliance check acknowledging their efforts to continue training and education of their staff on the liquor code/laws. Town Board Study Session – September 10, 2013 – Page 2 FINANCING OF INFRASTRUCTURE & CAPITAL IMPROVEMENTS. Town Administrator Lancaster stated there are a number of capital and infrastructure needs facing the Town for the next 10 to 15 years. The current revenue streams are not sufficient to fund the projects. The Leadership team met to develop a list of needs and a financing mechanism for the Board to consider. The list was developed from data received at the community visioning sessions conducted this spring, past town citizen surveys, past board comments and from the professional judgment of the Leadership team. The top priorities included street/drainage, bike trails/trail connections, community center/senior center, expanded transit, emergency AM radio, conference center upgrades/expansions, museum expansion, museum storage, riverwalk improvements, streetscapes, and fiber use optimization. Lower priority items identified included performance park upgrades, upgrade/new restrooms downtown, pocket park/neighborhood parks and public art. There were a number of other items identified that were vetted as lower priority or should be completed by another entity. The Town needs to provide efficient and effective services to the community prior to considering additional funding options. The staff continues to identify methods to do things better, cheaper and faster. Several funding options are available to address the needs including the sale of excess Town property, formation of a storm water utility, utility rates, charge for parking, impact fees, sales tax on water, increase in property tax, increased business license fees, increase sales tax, grants, open space, lottery funds, TIF financing, and reduce property tax combined with an increase in sales tax. It has been estimated that 65% of sales tax revenue comes from visitors to Estes Park. A 1% increase would generate approximately $2 million annually. The Leadership team suggested a sales tax increase should be capped at 1% and sunset in 15 years. A sunset would provide accountability to the voters and past experience has shown that voters are more accepting of taxes that sunset. Board discussion followed: it was suggested the Town consider a revenue bond to generate immediate funds of approximately $21 million and use the sales tax increase to pay the bond payment; any improvements made for the citizens of Estes Park are going to benefit the visitors; a focused URA or DDA could be beneficial; reduction in the property tax would affect TIFF financing in the future; concern raised over building additional revenue generating project such as the MPEC and then asking the public to approve additional taxation to generate revenue; the Town must prevent the decline of infrastructure in order to maintain tourism base; the Town should continue to identify grant opportunities and keep the sales tax package simply; remove fiber as the item is nebulous; an increase in sales tax would affect other Town funded entities and programs such as the Fire District and Community Services grants; the Board needs to consider unintended consequences of each funding option; and infrastructure improvements may require additional operating expenses to maintain. The Board requested staff identify a timeline for a sales tax question for the April election and an extended study session to discuss options in more detail to establish the benefits and objectives of each funding mechanism. MISCELLANEOUS The parking structures preliminary design would be considered by the Board and then the Planning Commission in October. Staff would bring the preliminary design forward for the Board’s review prior to the Planning Commission meeting in October. Town Administrator Lancaster reminded the Board they are the owner of the project and the Board has the ability to review and change the project at anytime. There being no further business, Mayor Pinkham adjourned the meeting at 6:34 p.m. Jackie Williamson, Town Clerk UTILITIES DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Reuben Bergsten, Utilities Director, and Joe Lockhart, Light & Power Superintendent Date: September 24, 2013 RE: 2013 – 2015 Seasonal Display Installation, Maintenance and Removal Contract Objective: To obtain approval to award the 2013 – 2015 Seasonal Display Installation, Maintenance and Removal Contract to Reed Logging and Tree Service. Present Situation: The last contract was concluded at the end of the 2012/2013 winter season. A new request for proposal was published and the following responses were received: Reed Logging and Tree Service 2013/2014 $39,000 2014/2015 $40,000 2015/2016 $41,500 Blazing Illuminations Would have bid but they determined that their current workload prevented them from working on this project. M. Atkins Landscaping Inc. Did not submit a bid before deadline. Proposal: To establish a relationship with a contractor to install, maintain and remove our seasonal decorations. Advantages: The cost effectiveness of using a contractor to do the work is better than having it done by our Light & Power crew. This bid is less than the last two-year agreement. Disadvantages: The Town has been using a contractor to do this work and this method has been successful. Action Recommended: Town Board approval of this contract award is required to allow work to begin in November. Budget: Account Number: 502-6501-560.26-15 Account Name: Light & Power Administration/General/Exhibit/Display Level of Public Interest High - this is a well-received program by our residents and guests. Sample Motion: I move for the approval/denial of the award of the 2013 – 2015 Season Display Contract to Reed Logging and Tree Service for an amount not to exceed $39,000 for winter 2013/2014; and for the remaining two contract years based upon work performance and budget appropriations. Rescheduling Show Cause Hearing Town Clerk’s Office Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: September 20, 2013 RE: Consent Item 5 - Postponing Liquor Show Cause Hearings set by Resolutions #23-13, #24-13, #25-13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub & Grill and Nicky’s Restaurant & Lounge until November 26, 2013 Objective: Postponing the Show Cause Hearings for liquor establishments that failed the compliance check on August 21, 2013. Present Situation: Staff has been directing all efforts to the emergency effort and had to cancel meetings with the four liquor establishments that failed the compliance check. A number of the businesses were also affected by the flooding event and have been cleaning up their establishments. Proposal: Staff would propose the Show Cause Hearings be postponed until the November 26, 2013 meeting to allow staff and the establishments the ability to return to normal operations. Staff would set up meetings with each establishment to discuss stipulation agreements during this time. Advantages:  Time to meet with licensees  Allow businesses to return to normal operations Disadvantages:  The violation is not being addressed within the season it occurred as requested by the Town Board. Action Recommended: Approve the rescheduling of the Show Cause Hearing for Resolutions #23-13, #24-13, #25-13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub & Grill and Nicky’s Restaurant & Lounge until November 26, 2013 Budget: None. Rescheduling of Show Cause Hearing 2 Level of Public Interest Low. Sample Motion: I move to approve/deny the rescheduling of the Show Cause Hearing for Resolutions #23-13, #24-13, #25-13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub & Grill and Nicky’s Restaurant & Lounge until November 26, 2013. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: September 24, 2013 RE: Liquor Licensing: Transfer of Ownership from Appenzell Corp. dba THE APPENZELL INN, to Appenzell Inn Hotel & Suites, Inc., dba APPENZELL INN, 1100 Big Thompson Avenue, Tavern Liquor License. Objective: Transfer an existing liquor license located at 1100 Big Thompson Avenue to the new owners of the property, Thomas and Katy Hochstetler. Present Situation: A Tavern liquor license is currently held at the location referenced above by Appenzell Corp. The property has been sold and the new owners of the property, applying as Appenzell Inn Hotel & Suites, Inc., are requesting a transfer of the liquor license. The application was submitted to the Town Clerk’s office on July 17, 2013, and a temporary permit was issued on July 18, 2013. The temporary permit authorizes the transferee to continue the sale of alcohol beverages as permitted under the permanent license while the application to transfer ownership of the license is pending. The applicant, Appenzell Inn Hotel & Suites, Inc., has submitted all necessary paperwork and fees. The applicant is aware of the TIPS training requirement, however, to date, has not yet completed the training. Proposal: Town Board review and consideration of the application to transfer the existing license to the new owners of the establishment. Advantages: The transfer of the license provides the new business owners with the opportunity to continue operating an existing, liquor-licensed establishment. Disadvantages: The new owner is denied the opportunity to continue operating an existing liquor- licensed business during the licensing process. Town Clerk’s Office Memo Page 2 Action Recommended: Approval to transfer the existing Tavern liquor license to Appenzell Inn Hotel & Suites, Inc. Budget: The fee paid to the Town of Estes Park for a liquor license transfer is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee for a Tavern liquor license is $869 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Tavern liquor license filed by Appenzell Inn Hotel & Suites, Inc., dba APPENZELL INN. April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed July 17, 2013 .  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation .  There is a police report with regard to the investigation of the applicants.  Status of T.I.P.S. Training: X Unscheduled Completed Pending Confirmation MOTION: I move the Transfer Application filed by Appenzell Inn Hotel & Suites, Inc. doing business as Appenzell Inn for a Tavern Liquor License be approved/denied. Page 1 FINANCE Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland – Finance Officer Date: September 24th, 2013 RE: Financial Report through August 2013 Background: Attached is the most recent Sales Tax (through July) and Financial report (through August) for 2013. The Financial Indicator slide provides information in four key areas:  General Fund: Due to timing (July sales tax data received after closing of August books), sales tax is only reported through June 2013 in this section. “Other” revenues of $1,103,657 include licenses & permits, intergovernmental, interest/rents, and charges for services. Major expenditure categories are all well within budgeted parameters (63% of budget expended with 67% of year completed).  Sales Tax: Sales tax for the first 7 months of 2013 is 8% ahead of budget, and 4.7% ahead of 2012. To this point, it’s been a great year for sales tax.  Enterprise (Utility) Funds: In aggregate, utility revenues are on target budget. Expenditures (55%) are well within budgeted parameters.  Investments: A municipality’s investment universe is limited to interest-rate sensitive instruments, including money markets, CDs, US Treasuries and US Instrumentalities. The drop in interest rates from 2008 (~4.75%) to today (~ 0.25%) has caused over $750,000 in returns to evaporate, subsequently affecting every Town fund. Recent legislation (HB 12-1005) has allowed municipalities to again invest in government-backed securities that were prohibited when the ratings agencies downgraded the US Government in 2010. The Town took advantage of this, and is now positioned in accordance with recommendations from our investment advisors. Our investment strategy is to keep duration (length of investment) on a very short leash – the Town does not want to be caught disproportionately in long positions should interest rates Page 2 FINANCE Memo increase significantly. The Town’s portfolio has actually suffered minor losses this year due to some bonds having been “called”. Equity markets have been red hot since January – however, our investment universe is anchored by rates of return of 0.10%-0.12%. Pertinent information included in the sales tax slides include:  Compared to other CAST communities, Estes Park’s year over year (2013 v 2012) increase for January – July is average compared with some of the other mountain communities’ robust gains. Colorado as a whole appears to have had a great year with sales tax revenues. The longer term CAST slide has Estes Park ranked in the upper half among 24 communities.  The “Sales Tax Rate of Change” slide show that on a 12-month moving average, sales tax is now at a record level of $674,397/month ($8,092,759/year). This is on target to exceed 2013 Budget forecasts by 4%. The lower maroon line, connected with the right vertical axis, shows that sales tax is currently increasing at an annual pace of nearly 2.8%.  The “Sales Tax Comparison: 2013-11” slide provides detailed information about each of the Town’s major sales tax sectors for Jan-Jul of the past 3 years. Construction (+33%), Lodging (+24%), and Food (+16%) are the largest “gainers”. For 2013 vs 2012, lodging (+10%) and construction (+6%) are leading the way. Concluding/Other thoughts In lieu of the 2013 Flood, staff realizes that there may be some questioning as to the relevance of presenting this financial update. After all, data trends and financial forecasting models are not likely to be as useful as they have been in looking forward. Budgets are currently being significantly reworked, and in fact, the assumption going forward is that staff and the Board will likely need to revise the 2014 Budget mid-winter as information and trends begin to manifest themselves. For the attached financial update, the main message staff wanted to convey was that 2013 was shaping up to be an excellent financial year. Expenses were being held under budget, while economic engines (sales tax, building, etc) were operating at record levels. Every effort will be made to use these gains to safeguard the Town, and to work towards continuing to provide the Public with both the service and leadership it has come to expect. Until things stabilize, staff will continue to supply the Board and public with regular financial updates that include both regular and flood-related information. Page 3 FINANCE Memo Budget: N/A Staff Recommendation: N/A Sample Motion: N/A Update: Financial and Sales Tax Report(through August 2013)Steve McFarland –Finance Officer FINANCIAL INDICATORSTOWN OF ESTES PARK – THROUGH AUG 31st, 20132013 2013 % of 2013 2013 % ofYear‐to‐Date Budget Variance Budget Year‐to‐Date Budget Variance Budget  % of year elapsed> 67%  % of year elapsed> 67%REVENUESREVENUES  Taxes (sales, ptax, f fees) $3,834,591 $8,809,633($4,975,042)43.5%  Utility Sales $11,539,796 $16,703,529($5,163,733)69.1%  Other 1,103,657 1,450,686(347,029)76.1%  Fees/services 132,849 396,000(263,151)33.5%  Transfers from Enterprise 1,020,420 1,466,554(446,134)69.6%  Other 116,449 279,913(163,464)41.6%TOTAL REVENUES 5,958,668 11,726,873(5,768,205)50.8% 11,789,094 17,379,442(5,590,348)67.8%EXPENSESEXPENSES  General Government 2,048,266 3,590,817 1,542,551 57.0%  Source of Supply 3,992,487 6,172,661 2,180,174 64.7%  Public Safety 2,342,071 3,609,195 1,267,124 64.9%  Purification 422,208 828,669 406,461 51.0%  Public Works 809,688 1,339,935 530,247 60.4%  Distribution 1,878,488 3,407,200 1,528,712 55.1%  Culture‐Recreation 654,070 1,041,921 387,851 62.8%  Customer Accounts 575,789 922,397 346,608 62.4%  Interfund Transfers Out 2,374,526 3,561,789 1,187,263 66.7%  Admin/General 1,310,841 2,416,752 1,105,911 54.2%  Interfund Transfers Out 1,085,420 1,723,805 638,385 63.0%  Debt Service 504,563 664,672 160,109 75.9%  Capital 575,783 2,606,936 2,031,153 22.1%TOTAL EXPENSES 8,228,621 13,143,657 4,915,036 62.6% TOTAL EXPENSES 10,345,579 18,743,092 8,397,513 55.2%NET INCREASE/DECREASE($2,269,953) ($1,416,784) ($853,169)NET INCREASE/DECREASE $1,443,515($1,363,650)$2,807,165INVESTMENTS (Fair value)Jun‐13 Jul‐13 Aug‐13SALES TAXJan‐May 13 Jun‐13 Jul‐13 Total  Town FundsMoney markets/CDs 15,307,370 14,211,068 14,321,7322013 Budget 1,862,108 961,250 1,391,197 4,214,555 U.S. Treasuries 1,634,012 2,337,680 2,327,6682013 2,045,160 1,008,046 1,501,080 4,554,286 COPs 6,000,606 6,005,676 6,006,2632012 1,971,726 987,321 1,391,708 4,350,755 U.S. Instrumentalities 6,168,724 6,185,597 6,162,9382011 1,701,465 906,129 1,292,012 3,899,606  Total 29,110,712 28,740,020 28,818,601     FOSH/Theater Fund 458,362 458,413 458,4612013 vs 2012 3.7% 2.1% 7.9% 4.7%  2013 data thru 08/31/13:  DJIA +13.0%, S&P500 +14.5%, NASDAQ +18.9%2013 vs 2011 20.2% 11.2% 16.2% 16.8%  annual pooled govt mm rate:  08/30/13 = 0.12%; 0.10% locally.ENTERPRISE FUNDS (L&P/WATER)GENERAL FUNDFINANCIAL INDICATORSTOWN OF ESTES PARKThrough  August 31, 2013 SALES TAX FACTS•Jan‐Jul 2013 complete.•58% of calendar year; ~54% of fiscal year.•4.7% ahead of Jan‐Jul 2012.•8.0% ahead of 2013 budget ($7.8m).•24 CAST communities currently reporting:•2013 a strong year.•EP still doing well! CAST COMMUNITIES5.0%16.3%22.5%9.8%8.8%15.6%6.5%4.7%3.6%5.1%1.6%5.4%9.3%19.8%24.7%2.2%8.7%‐0.8%13.6%6.1%12.1%12.0%8.2%8.4%‐10.0%0.0%10.0%20.0%30.0%40.0%50.0%2013 v 2012  CAST COMMUNITIES20.0%22.2%23.4%16.1%22.4%24.2%17.3%21.1%7.6%10.7%10.4%26.0%17.0%21.3%28.0%9.7%16.1%11.8%30.6%12.5%16.8%12.0%23.1%4.7%0.0%5.0%10.0%15.0%20.0%25.0%30.0%35.0%3‐yr 2013 vs 2010 SALES TAX RATE OF CHANGE-20%-15%-10%-5%0%5%10%15%20%$0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 12 Mo % Chg of Ave Rev.Income12 Mo Ave12 mo %$674,397$8,092,7592.78%2012 = $7.89M'2013B = $7.80MJuly-1312 Mo. ROC =July-1312 Mo Rev. SALES TAX COMPARISONS: 2013‐11TOWN OF ESTES PARK2013 SALES TAX CLASSIFICATION BREAKDOWN Prior Prd Prior Prd2013 2012 2013 2011 2013BRIEF TOTAL % of Jan‐Jul vs. Jan‐Jul vs.DESCRIPTION YEAR Total YEAR 2012 YEAR 2011AMUSEMENTS/RECREATION 39,727.22 1% 31,847.41 25% 33,011.32 20%AUTOMOTIVE 87,898.39 2% 83,392.35 5% 77,581.27 13%FOOD 1,734,987.40 38% 1,712,680.69 1% 1,492,788.28 16%RETAIL 784,963.68 17% 772,488.27 2% 726,733.09 8%LODGING 1,218,874.98 27% 1,104,407.19 10% 979,505.22 24%CONSTRUCTION 260,520.67 6% 245,582.12 6% 196,282.85 33%PERSONAL/PROFESSIONAL 75,345.90 2% 77,117.56‐2% 58,778.33 28%UTILITIES 351,966.94 8% 323,239.58 9% 334,925.49 5%GRAND TOTAL 4,554,286.18 100% 4,350,755.17 5% 3,899,605.85 17% PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: September 24, 2013 RE: Approval of Transportation Advisory Committee Bylaws Objective: Approval of bylaws for the Transportation Advisory Committee (TAC). Present Situation: Newly formed in 2013, the TAC is comprised of citizens that meet with Town staff and review transportation initiatives, providing input with recommendations supporting the TVC report. Approval of the bylaws was voted on and unanimously passed by the committee at the July 17, 2013, TAC meeting. Action Recommended: Staff recommends approval of the Transportation Advisory Committee bylaws. Budget: N/A Level of Public Interest Low. Sample Motion: I move for the approval/denial of the Transportation Advisory Committee bylaws. Town of Estes Park Transportation Advisory Committee  BY­LAWS I. ROLE The mission of the Town of Estes Park Transportation Advisory Committee is to:support              comprehensive transportation planning that enhances the quality of life for the citizens,            businesses and visitors to the Town of Estes Park; support the continued safety and              maintenance of the Town of Estes Park Transportation System and to review and recommend              transportation related capital projects to implement the Board of Trustees’transportation goals.            The Committee will act as a sounding board to the Board of Trustees and the Town department                 of Public Works on transportation planning,construction and maintenance issues including:           roads,transit,trails,pedestrian access,parking and air quality.The Committee will support the              Town Board and staff in local and regional transportation planning and promote cooperative             efforts to resolve transportation issues in the Estes valley. In addition to these bylaws, the Transportation Advisory Committee operates under the terms of the Town of Estes Park operating policy 102 regarding Town Committees.  A copy of that procedure, along with these bylaws, shall be provided to each member at the time of their appointment. II. MEETINGS A. Regular Meetings shall be held at least quarterly, with additional meetings scheduled as needed. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B. Special Meetings may be held at any time upon call by the Chairperson. The Chairperson shall call a special meeting upon request by the Town Board, Town Administrator, or Director of Public Works, or upon request by three of the members of the committee. C. Cancellation of Meetings Regularly scheduled meetings of the committee may be canceled or rescheduled upon approval by two­thirds of the members of the committee. D. Meeting Procedures for matters requiring action by the Committee, the committee shall use parliamentary procedure in moving, discussion, and acting on such matters. E. Open Meetings All meetings and actions of the Committee shall be in full compliance with State Statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Staff Liaison to be familiar with these statutes and regulations F. Attendance by Non­members Meetings may be attended by persons who are not members of the Transportation Advisory Committee.  At the discretion of the Chairperson, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A. Membership:    The committee shall consist of nine (9) members. Members must be residents of the Estes Valley Planning District. B. Terms:  Members shall each be appointed to a 3 year term. The terms of the members shall be staggered so that the terms of an equal number of the members expire each year. C. Vacancies:  shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D. Quorum: A quorum of the committee shall consist of 2/3 of the members of the committee being present at the meeting. H. Action :  Action by the Committee shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided in these By­laws IV. OFFICERS A.Officers shall include a chair person and a vice chair as selected by the committee. B. Elections Officers shall be elected by the members annually, at the first regularly scheduled meeting of each year. Officers shall be members of the Committee. Notification of who is elected Chair will be sent to the Town Clerk. C. Chairperson responsibilities: 1. Preside at all meetings 2. Insure that all meetings are conducted with decorum and efficiency 3. Call special meetings in accordance with the by­laws 4. Sign any documents prepared by the Transportation Advisory Committee for submission to the Town Board  or town departments 5. See that decisions of the Committee are implemented 6. Represent the Committee in dealings with the Town Board or other organizations. 7. The Chairperson has the same right as any other member of the Committee to vote on matters before the Committee and to speak for or against proposals, provided, however, that if the Chairperson desires to speak for or against a proposal which has been formally moved and seconded at a public meeting, the Chairperson shall relinquish the chair to the Vice­Chairperson while he or she is speaking. D. Vice­Chairperson responsibilities: 1. Assist the Chairperson as requested 2. Accept and undertake duties delegated by the Chairperson 3. Preside over meetings or perform other duties of the Chairperson in the event the Chairperson is absent or unable to act. E. Other Position Responsibilities: None. F. Removal from Office Any officer may be removed from office by a majority vote of the members of the Transportation Advisory Committee in attendance at a meeting provided that at least thirty days notice has been given to all members that removal of the officer will be considered at such meeting. G. Officer Vacancies If any office is vacant, the members of the Committee shall elect a member to fill the office for the remainder of the year. V. ATTENDANCE A.Regular attendance by the members of the Committee is expected. VI. GENERAL PROVISIONS A.These by­laws may be amended at any regular or special meeting of the Transportation Advisory Committee by a majority of the membership of the Committee provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken: Any amendments shall be subject to review by the Town Board. VII. COMPLIANCE WITH TOWN POLICIES A.The Committee shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102 as amended.  The terms of this policy are incorporated in these bylaws by this reference and are attached herewith. B.Volunteer members of the Committee will act in accordance to the adopted Town Volunteer Manual. VIII. CONFLICT OF INTEREST A.A conflict of interest occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. B.Members of committees shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C.A member of any committee who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee; shall not vote on the item; and shall not attempt to influence the decisions of other members voting on the matter. Adopted this ___day of _______ ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor Pinkham