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HomeMy WebLinkAboutPACKET Town Board 2017-07-11The 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. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 11, 2017 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 27, 2017 and Town Board Study Session dated June 27, 2017. 2. Bills. 3. Committee Minutes. - None 4. Family Advisory Board Minutes dated May 3, 2017 & June 1, 2017 (acknowledgement only). 2. LIQUOR ITEMS: 1. NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE FILED BY PARK THEATER MALL LLC DBA HISTORIC PARK THEATER & CAFÉ, 130-132 MORAINE AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson. 3. ACTION ITEMS: 1. RESOLUTION #22-17 ACCEPTING THE DONATION OF LAND (MRS. WALSH’S GARDEN) TO THE TOWN OF ESTES PARK. Town Attorney White. 2. POLICY 670 CASH AND INVESTMENT RESERVE AND CONTINGENCY. Director Hudson. 4. ADJOURN. Prepared 06/30/17 * 1       2 Town of Estes Park, Larimer County, Colorado, June 27, 2017 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 27th day of June, 2017. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. Town Clerk Williamson requested an additional action item to consider the appointment of the Transportation Advisory Board Interview Committee to fill a recent resignation. It was moved and seconded (Jirsa/Koenig) to amend the Agenda to add the Transportation Advisory Board Interview Committee to the Action Item agenda, and it passed unanimously. PUBLIC COMMENTS. Tom Gootz/Town citizen requested a discussion begin on the percentage of renewables used by Platte River Power Authority (PRPA) and a long-term goal to reduce coal usage. Gordon MacAlpine/Town citizen read a prepared statement related to renewable energy, stating the cost to produce has decreased, while the cost of coal and natural gas are less stable and likely to increase. He requested PRPA develop a comprehensive plan for Estes Park to be 100% renewable by 2030-2035 similar to the plan being developed for Fort Collins. Tom Street/County citizen reiterated the need for 100% renewable energy and urged the Town Board to pass a resolution in support of the effort. Reuben Bergsten/Utilities Director reminded the community of the renewable energy program and encouraged electric customers to sign up for the program. The following individuals spoke in support of Visit Estes Park (VEP) Steve Kruger/LMD Board Chair, Katlin Kruger/EALA member, Lindsay Lamson/Local Marketing District (LMD) Board member, Sean Jurgens/LMD Board member, Bill Almond/County citizen and former LMD Board member, Donna Bryson/Town citizen and Wendi Bryson/VEP staff read a prepared statement for Ken Larson/Town citizen, Jean McGuire/VEP staff read a prepared statement for Anne Morris, Carrie Arnold/Town citizen, Ken Arnold/Town citizen, Daniel Pliske/County citizen read a statement for Paul Chubbock, Paul Scheil/EALA member, Michael Fogarty/County citizen read a prepared statement for Patrick and Melynn Murphy and Elizabeth Fogarty/CEO & President of Visit Estes Park. Comments included support for CEO/President Elizabeth Fogarty and her staff, the VEP annual report demonstrates positive metrics for the district, denouncing the inaccurate and unfounded statements in the editorial by the Trail Gazette, requesting the removal of DRAFT3 Board of Trustees – June 27, 2017 – Page 2 Town appointed Board member Charley Dickey, and the district responds to information requests and remains transparent. Art Messal/Town citizen stated concern with the recent RFP released by the Town for a workforce housing project at the Fish Hatchery property. He would suggest the Town engage in a dialogue on the issue of workforce housing prior to moving forward. Michelle Hiland/Town citizen stated she continues to ask for the VEP budget and to date has not received a copy. TOWN BOARD COMMENTS Trustee Norris recommended the Town request a customized energy plan from PRPA. He stated the Community Development annual report has been completed and recommended the Board review the report. The Estes Valley Planning Commission would hold a special meeting on June 30, 2017 to review large vacation home applications, and would hold its next regular meeting on July 18, 2017. The Family Advisory Board would hold its next meeting on July 6, 2017. He reminded the public to be aware of bear activity in the area. Trustee Walker stated the Western Heritage Committee thanked the Town Board for providing the improved arena dirt. The Rooftop Rodeo would begin July 5, 2017 with the Rodeo parade. Mayor Jirsa attended the annual CML conference along with Town Administrator Lancaster, Assistant Town Administrator Machalek and Trustee Nelson. He stated he would bring forward items discussed during the conference for the Board’s consideration. Trustee Holcomb commented the Transportation Advisory Board meet June 22, 2017. The new parking garage would officially open on July 14, 2017. TOWN ADMINISTRATOR REPORT. The parking garage would open on July 1, 2017 for the holiday weekend and final completion scheduled on July 14, 2017. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 13, 2017 and Town Board Study Session dated June 13, 2017. 2. Bills. 3. Committee Minutes. a. Public Safety, Utilities and Public Works Committee Minutes dated, June 8, 2017. 4. Transportation Advisory Board Minutes dated May 17, 2017 (acknowledgement only). 5. Parks Advisory Board Minutes dated June 1, 2017 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated May 19, 2017 (acknowledgement only). 7. Parking Structure Utility Box Art Application Approval. 8. Resolution #19-17 Setting the Public Hearing date of July 11, 2017 for a New Liquor License filed by Park Theater Mall LLC dba Historic Park Theater & Café, 130-132 Moraine Avenue, Estes Park, CO 80517. DRAFT4 Board of Trustees – June 27, 2017 – Page 3 9. Resolution #20-17 Adopting the United States Department of Agriculture (USDA) Standards for Procurement, Bidding and Contract Awards for USDA Grant Funded Rural Water Projects. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS. 1. CHANGE IN LOCATION OF A TAVERN LIQUOR LICENSE FILED BY PARK THEATER MALL LLC DBA HISTORIC PARK THEATER & CAFÉ, FROM 130- 132 MORAINE AVENUE, ESTES PARK, CO 80517 TO 116 E. ELKHORN AVENUE, ESTES PARK, CO 80517. Mayor Jirsa opened the public hearing. Town Clerk Williamson reviewed the application to change the location of the current tavern liquor license, stating all paperwork and fees have been submitted. The Mayor closed the public hearing. After further discussion, it was moved and seconded (Holcomb/Norris) to approve the Change of Location of the Tavern Liquor License filed by Park Theater Mall LLC dba Historic Park Theater & Cafe to 116 E. Elkhorn Avenue, and it passed unanimously. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION #21-17 & ORDINANCE #19-17 RAVEN ROCK ADDITION ANNEXATION. Mayor Jirsa opened the public hearing. Planning Consultant McCool reviewed the application to annex 10.90 acres of vacant land zoned A-Accommodations. The property owner would install all on-site and off-site facilities, such as water, wastewater, stormwater, and other utilities. The property borders Mary’s Lake Road which would require the property owner to dedicate additional right-of-way of 70 feet with any new Development Plan. The property owner has requested modifications to the standard annexation agreement to include under item 3 a 20-foot utility easement would be provided if necessary and item 4 shall be reworded to include that all future extensions of utilities are the responsibility of the owner. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Koenig/Holcomb) to approve Resolution #21-17 and Ordinance #19-17 annexing Raven Rock Addition with a condition of approval to include revisions to items 3 and 4 of the Annexation Agreement as outlined above, and it passed unanimously. B. ORDINANCE #20-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM BUILDING HEIGHT IN THE RM (MULTI-FAMILY) ZONING DISTRICT. Director Hunt reviewed the revisions to the Estes Valley Development Code to address the Estes Park Housing Authority’s (EPHA) concerns with the previous code revision language that would have jeopardized the Authority’s ability to utilize federal funding for attainable housing projects and receive the height incentive. The proposed Exhibit BC would provide two distinct code sections to address the incentives for attainable and workforce housing. Both sections state a developer would have to choose to build all attainable units or all workforce housing units, and could not mix and match the two types of housing. An attainable-qualified project with federal funding cannot be restricted to workforce housing. Michael Moon/Estes Valley Planning Commission (EVPC) Chair requested the Town Board remand the issue back to the Commission for further review and public comment to ensure a code amendment that would address the needs of the EPHA while ensuring the incentives create additional workforce housing and not more market rate condominium developments for use as DRAFT5 Board of Trustees – June 27, 2017 – Page 4 second homes or vacation homes. Workforce housing has not been developed over the past decades with federally funded projects, therefore, incentivized private funding along with the density and height bonuses should create an economically feasible project for developers. Greg Rosener/Economic Development Corporation (EDC) commented the original proposal eliminates the use of federal funds in the form of tax credits to be used by EPHA to build attainable housing. He stated the Town should ensure the option remains available. Rita Kurelja/EPHA Director spoke in favor of Exhibit BC which allows attainable housing developments to receive the height bonus and take advantage of federal funding. The current attainable housing developments contain 163 units with 143 having at least one household member that works in the Estes valley. Bob Levitt/EVPC Commissioner stated the Commission did not receive input from the EPHA or EDC during the review of the proposed amendments to the code and was unaware of the impacts the code amendments would have on federal funding. He requested the Town Board remand the issue back to the EVPC for further review. Lindsay Lamson/County citizen would support revisions that would not limit the development of all types of housing and include all financing options. He recommended Exhibit BA with a sunset clause in 18 months. Bill Pinkham/EPHA Board member stated the community needs both attainable and workforce housing to meet the needs of the community. Sharry White/EVPC Commissioner concurred it would have been helpful to have the information provided by the EPHA during the Planning Commission meetings. She requested the item be remanded and the Planning Commission work with the EPHA to develop new revisions to the Development Code. Aaron Freimark/Barrel Manager stated the local businesses continue to have difficulty in finding housing. He also stated concern with the number of J-1 workers living in one house because of the lack of housing. The discussion should address all housing issues, including full-time and seasonal. Charley Dickey/Town citizen would support Exhibit BC and would not support an 18-month sunset provision. Jon Nicholas/EDC President/CEO stated the EDC attended the study sessions but was not allowed to participate; however, staff meet with Director Hunt to discuss the issues. There are four major areas to consider: 1) availability of land; 2) capital; 3) the market demand; and 4) incentives. The removal of any funding mechanism in providing additional affordable housing would be detrimental. Steve Lane/Basis Architect commented on the need to keep it simple, allow flexibility and consistency. The additional third floor makes a significant difference to developers. Jim McGibney/County citizen stated the third story would provide a better development and be more productive because of the increase cost of construction. He encouraged the Board to adopt a code that would allow for all financing options. Board discussion followed: Trustee Norris would support the code amendment to remove barriers in the development of additional housing; would request staff work with EPHA and EDC to expand options; and would DRAFT6 Board of Trustees – June 27, 2017 – Page 5 support a sunset clause. Trustee Nelson stated Exhibit BA recommended by staff would simplify the code and provide incentives without eliminating funding options. He would not support a sunset provision. Trustee Martchink commented the code revision lacks a definition for workforce housing and sets no limit on the number of hours someone must work within the Estes valley to qualify. He stated Exhibit BC would be a compromise. Trustee Walker would support Exhibit BC-a with an 18-month sunset and include a 30 hour per week requirement to qualify for workforce housing. Mayor Jirsa recommended the issue be remanded to the EVPC for further review. Mayor Jirsa closed the public hearing. It was moved and seconded (Holcomb/Martchink) to approve Ordinance #20-17 to amend the Estes Valley Development Code as stated in Exhibit BC, and it passed with Mayor Jirsa and Trustees Nelson and Walker voting “No”. 4. ACTION ITEMS: 1. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT. The Town received a resignation from Gregg Rounds on June 25, 2017. His term would have expired on March 31, 2018. Staff has requested the Board fill the position because of the ongoing work in developing a Master Parking plan. It was moved and seconded (Nelson/Walker) to appoint Trustee Holcomb and Norris to the Transportation Advisory Board, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:54 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk DRAFT7 Town of Estes Park, Larimer County, Colorado June 27, 2017 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 the Board Room in said Town of Estes Park on the 27th day of June, 2017. Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Nelson, Norris and Walker Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, Manager Wells, and Town Clerk Williamson Absent: None Mayor Jirsa called the meeting to order at 5:15 p.m. UPDATE ON THE DOWNTOWN NEIGHBORHOOD PLAN. Planner Gonzales provided a brief updated on the development of the Downtown Neighborhood Plan, and stated Winters and Company held a public workshop in February with 50 attendees. Winters completed the Estes Park Downtown Plan Existing Conditions summary in February. An additional workshop was held in April with 60 attendees that represented stakeholders. Common themes were developed and consistency on the vision of the downtown was heard, such as the west end – arts and cultural district, south end – craft beverage industry, downtown – main retail core, wayfinding needed, and the downtown is underutilized and multi-use should be considered. On June 14, 2017 Dr. Bruce Race of RACESTUDIO provided the Downtown Plan Steering Committee a presentation on resilient planning and discussed multiple disasters and how they impact communities. The presentation would aid in the development of a plan to mitigate and plan for future disasters. Winter has begun to draft the Downtown Plan for review by the Steering Committee and a public review in August. The final plan would be completed by December for review by the Board. PROCESS AND PROCEDURE FOR FUNDING OUTSIDE AGENCIES (INCLUDING COMMUNITY SERVICE GRANTS). Assistant Town Administrator Machalek lead a discussion on the philosophy of funding support for outside entities (Community Service grants); if funding continues are the categories/focus areas (Art & Education, Human Services, Housing, Transportation and Youth) still appropriate; should the entire Board review the applications, and if so, the application process should be simplified to reduce the review time; should the funds be distributed through standardizing the existing process, a three-fund approach (base funding, community project funding, and event sponsorship funding) or a one/two fund solution; and should the annual budget be determined by a percentage of the General fund, a flat amount, or a flat amount with a growth factor. Staff has reviewed other local government practices and found there are many models, each unique to the community. The average funding is 1.17%. In 2017, the Town funding was 1.27% of the General fund for Community Services grants, which did not include the in-kind funding provided. Town Administrator Lancaster suggested the Board could make a distinction between the services the Town purchases; e.g. Via, Fire District, Estes Park Housing Authority, etc. versus the philanthropic funds provided to entities such as the arts. Items that are services could be placed in the budget as a line item. 8 Town Board Study Session – June 27, 2017 – Page 2 Board discussion has been summarized: would support grants if they support the strategic plan; items budgeted annually should be line items, such as Via transportation services; philosophically the Town should not fund outside entities, however, entities that provide services to the Town need to show local support in many cases in order to apply for other grant funds; entities should secure funding from other sources before requesting funds from the Town; categories may be too general and provide a false impression to the public that each category would receive the same level of funding; the Town may provide seed money for an organization and then another funding source could provide support in the future; block grants could be used rather than the categories; entities receiving funds should be a non-profit located within the Estes valley or demonstrate how they are positively impacting the citizens of the Estes valley; the Town should not fund other taxing districts; the Board should discuss whether to fund strategic plan items first and then Community Service grants or to place grants in the budget first; in-kind services should be discussed at the Leadership level to determine if the department can provide the service; concerned with funding entities through a line item and the possible lack of accountability; and funding for all entities, including line items, should complete an application. Staff would develop a draft policy for Board review that includes the recommendations of the Board, including base funding and project funding. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS Trustee Holcomb stated the Board had discussed a Housing Coordinator at a previous study session, and it was noted if the Town took the lead it would be responsible for paying for the position. The Economic Development Corporation (EDC) housing committee would discuss who should take the lead and fund the position. Administrator Lancaster noted the Town would hire a Senior Planner that may be responsible for coordinating housing efforts for the Town as part of their job description. FUTURE STUDY SESSION AGENDA ITEMS None. There being no further business, Mayor Jirsa adjourned the meeting at 6:40 p.m. Jackie Williamson, Town Clerk 9       10 Town of Estes Park, Larimer County, Colorado, May 3, 2017 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of Estes Park on the 3rd day of May, 2017. Present: Laurie Dale-Marshall Karen Randinitis Jessica McGee Nancy Almond Courtney Hill John Bryant Bin Greer Floyd Collins Rachel Balduzzi Jodi Roman Marion Stallworth Also Present: Ron Norris, Town Board Liaison Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Absent: Shannon Faith Assistant Town Administrator Machalek started the meeting at 10:03 a.m. Informal meeting with no action to be taken as meeting processes will be set (and officers will be elected) at the first meeting after Town Board adoption of the Family Advisory Board bylaws. Welcome and Introductions Town Board Liaison Norris provided opening comments and thanked members for their participation. He explained his role as liaison was to ensure communication between this board and Town board. This advisory board will set agendas and focus on the pertinent issues affecting families in Estes Park. Trustee Norris also recommended that board members become familiar with the Town’s strategic plan as action items from this advisory board will need to be tied to the strategic plan to receive priority from the Town board. Trustee Norris facilitated introductions and roundtable discussion by asking board members various questions about what they feel is most important for a Family Advisory Board, along with general background information for each board member. Responses from the board included communication, openness to put aside bias, accountability, coming up with “outside of the box” solutions, and tapping into individual strengths. 11 Family Advisory Board – May 3, 2017 – Page 2 Member Collins thanked Trustee Norris for his efforts into putting together a well- rounded advisory board. Trustee Norris stressed the importance of effective communication and fostering an environment of diversity. Member Hill inquired as to whether there was any interest from Hispanic community members to be on the board. Trustee Norris indicated there was possibly interest but also hesitation and stressed that the board has room to grow. Discussion continued on representation of segments of the Hispanic community and how to engage with those community members. This was identified as an immediate priority for the board, in addition to representation from all segments of the community including youth and seniors. Process and Staff Role Assistant Town Administrator Machalek went over the role of Town of Estes Park staff and basic administrative processes of the board. He also advised the board that Colorado Open Meetings procedures apply to all Town of Estes Park advisory boards. This includes having all conversations that include all board members in a public setting – so it is important not to “reply all” to emails. For information that needs to be sent to all board members, please send to Executive Assistant Simpson to send to the board, otherwise, discussions involving all board members should be held until scheduled board meetings. Bylaws The board reviewed and commented on the draft bylaws. Member Hill brought up the need for clarification of the term “working families.” The term is intended to address all manner of working families in the Estes Valley. After discussion, it was agreed to strike the term “working families” in order to be inclusive of all families. Member Greer questioned the appointment process and requested clarification on the Town’s role in appointing members, both initially and moving forward. Trustee Norris clarified that as an advisory board to the Town board, all members would be interviewed and approved by the Town board. Advisory board members are encouraged to recommend members that they feel would enhance the group and align with its mission. Member Greer further questioned why the processes outlined in the bylaws were so elaborate and why the Town board was so heavily involved. Trustee Norris gave historical context to the current advisory boards to the Town board. Member Almond commented that some level of formality is needed for a board of this stature and that 12 Family Advisory Board – May 3, 2017 – Page 3 she did not foresee the Town board denying membership to anyone recommended by the advisory board. Member Dale-Marshall further commented that representation is a priority and that advisory board members should trust in the process and continue to build and foster trust as a group. It is most important that to ensure the board is a good representation of the community. Member Bryant expressed concern over the residential requirements as stated in the bylaws referencing the school district; concerned that this could exclude parts of the population. Discussion continued over the best way to ensure members are representing the immediate needs of the Estes Valley. Member Collins reiterated that the requirements are applicable to board members, not the segment of the community that would be represented. No change will be made to this language. Trustee Norris commented that he was impressed by the high level of priority placed in on inclusivity by this board and will be sure to take that back to the Town board. Member Hill requested clarification on language referring to policy development. Assistant Town Administrator Machalek clarified that the advisory board would provide direction for policy changes or creation to the Town board, which would then direct staff. He cited code changes as an example. Member Bryant inquired as to whether it would be required to have a mission and vision. Trustee Norris recommended that the board add it as an agenda item for a future meeting. Member Collins reiterated that a mission and vision were important to convey to the community what the board was doing. Member Roman suggested the creation of a survey to gather input from the public. Member Bryant agreed that engagement should be an important focus for the board to determine the appropriate direction and goals. Member Randinitis spoke about data collection efforts with Communities that Care and how that could tie in to data needed for the board. Further, she would like to use the information to eliminate overlap in the community with regards to all nonprofits and committees and help them to focus efforts. She recommended that board members view the Lafayette survey conducted through Communities that Care on the Boulder County Public Health website. The group discussed working with other partners that have similar missions to be sure everyone is working together and not duplicating efforts. Member McGee will send the Housing Needs Assessment to the group. Member Bryant expressed concerns about workflow and communication, having to adhere to open meetings and is worried that it will be prohibitive. Discussion continued with the entire board in regards to communication. Assistant Town Administrator 13 Family Advisory Board – May 3, 2017 – Page 4 Machalek reiterated that the earlier process discussed with Open Meetings refers only to communications with the entire board – working groups of the advisory board are free to have email conversations or use shared work product through services like Google Drive or Dropbox. Member Bryant would like to hear from other advisory boards for lessons learned and recommendations. Assistant Town Administrator Machalek stated that we could invite Public Works Director Greg Muhonen, as well as any members involved since the beginning of those boards. Member Bryant inquired about the agenda process and how items are communicated to the Town board. Assistant Town Administrator Machalek clarified that staff would handle the process of moving items from the advisory board through the Town Board agenda-setting process. Member Almond also inquired if there was any requirement in bylaws to provide an annual report to town board. Assistant Town Administrator Machalek confirmed that the Town board will conduct an annual review of the advisory board and its work product, so the proactive approach of an annual report is recommended. Member Bryant suggested the addition of alignment with the Town’s strategic plan be added to bylaws. Member Greer stressed the need for the group to prioritize creative thinking despite the structural restrictions. Trustee Norris agreed that the group should be creative in concepts and discussions, but the procedures are in place to allow effective processes and to be sure that recommendations to the Town board contain the appropriate data and substance. The bylaws will be added to the May 9 Town board agenda. Future meetings Future meetings will take place the first Thursday of each month from 3:30 p.m. to 5:30 p.m. beginning June 1. Meetings will be held in Room 203 at Town Hall unless there is an existing conflict with the meeting space. The meeting was adjourned at 11:47 a.m. 14 Town of Estes Park, Larimer County, Colorado, June 1, 2017 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of Estes Park on the 1st day of June, 2017. Present: Karen Randinitis Nancy Almond Courtney Hill John Bryant Bin Greer Floyd Collins Jodi Roman Marion Stallworth Shannon Faith Also Present: Celine LeBeau, Chair, Parks Advisory Board Megan Van Hoozer, Administrative Assistant Ron Norris, Town Board Liaison Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Absent: Laurie Dale-Marshall Rachel Balduzzi Assistant Town Administrator Machalek started the meeting at 3:34 p.m. Election of officers It was moved and seconded (Bryant/Stallworth) to nominate Member Greer to serve as Chair, and the motion passed unanimously. It was moved and seconded (Hill/Collins) to nominate member Stallworth to serve as Vice-Chair, and the motion passed unanimously. Insights from other Advisory Boards Parks Advisory Board Chair LeBeau offered suggestions to the group on facilitating efficient and open meetings, expectations of time commitment, delegation of duties/formation of committees and board representation. She also recommended researching what other municipalities have done successfully when beginning a project. Administrative Assistant Van Hoozer discussed the importance of communication on all aspects of her support position to the board, especially as it relates to minutes. She suggested that corrections/changes to the minutes be submitted prior to the meeting. Executive Assistant Simpson confirmed, given the size of the group, this is the process that will be adopted so that meeting time can be devoted to the business of the board. 15 Family Advisory Board – June 1, 2017 – Page 2 Consideration of Mission, Vision, and Three Focus Areas Assistant Administrator Machalek discussed the minor changes made to the bylaws by the Town Board. Those included first removing from section V.c.7 the following verbiage: “…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 Vice-Chairperson while he or she is speaking.” Second was clarification on conflicts of interest to specify a financial interest. Discussion followed on how the conflict of interest would be addressed by this board – privately or in the meeting. It was determined that, if a board member thought that they had a conflict, that board member should privately discuss the potential conflict of interest with the Chair, Assistant Town Administrator Machalek, Trustee Norris or Executive Assistant Simpson. The same would apply if a board member suspected another board member of having a potential conflict of interest. Those board members who do have a conflict of interest are expected to recuse themselves from any discussions that would further the conflict. Assistant Town Administrator Machalek recommended two primary Outcome Areas in the Town’s strategic plan (Robust Economy and Outstanding Community Services) for the board to consider as they seek to connect to the strategic plan. The other advisory boards to the Town define their mission by the role stated in the bylaws; none have a vision. The mission is used to craft policies, procedures and recommendations. Vice- Chair Stallworth recommended that the board follow this process to get started and then revisit in three to four months. Chair Greer suggested that each member disclose their top three issues of priority for the board. Vice-Chair Stallworth recorded the items and kept a tally of the most often- repeated topics. Housing, child care, mental health, diversity/inclusivity and economic vitality were the primary topics that came up in the discussion. Discussion continued around how to narrow the focus of these topics and incorporate them into actionable focus areas for the board. Chair Greer advised that the focus should be broad enough to remain flexible. After continued discussion it was determined that the gap in available services for families is a topic that covers many of the board members’ concerns, therefore one focus area of the board should be to determine what those gaps are and how to address them, with the more specific key areas outlined as a sub-categories that each board member can address based on their skills and connections within the community. It was moved and seconded (Stallworth/Faith) to define the first area of focus for the board as follows: “To identify gaps in support services available to families in the Estes Valley.” 16 Family Advisory Board – June 1, 2017 – Page 3 The motion passed unanimously. Assistant Town Administrator Machalek will prepare a draft document for the board to work on as a group to aid in developing and pursuing the first focus area. Other Business Discussion took place on filling the vacancy left by Jessica McGee as well as the remaining open positions on the board. It was moved and seconded (Stallworth/Collins) to recommend the Town Board open up to two positions on the board and it passed unanimously. Next Meeting The next meeting of the Family Advisory Board will take place Thursday, July 6, at 3:30 p.m. in Room 203 at Town Hall. Seeing no further business, Chair Greer adjourned the meeting at 5:33 p.m. 17       18 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: July 11, 2017 RE: Liquor Licensing: New Lodging & Entertainment Liquor License Application for Park Theatre Mall LLC dba Historic Park Theatre & Cafe, 130 & 132 Moraine Avenue, Estes Park, Colorado Objective: Approval of a new Lodging & Entertainment liquor license located at 130 & 132 Moraine Avenue, Estes Park, Colorado. Application filed by Park Theatre Mall LLC dba Historic Park Theatre & Cafe. Present Situation: An application for a new Lodging & Entertainment liquor license was received by the Town Clerk’s office on May 24, 2017. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has completed the training. A liquor license was previously held at this location by the applicant. At the Town Board’s June 27, 2017 meeting, the Tavern license was relocated to 116 E. Elkhorn Avenue for the operation of a new business, The Slab & Park Theatre Café. The applicant has chosen to apply for the Lodging and Entertainment license because it better fits the operations, i.e. theater. Proposal: Town Board review and consideration of the application for a new Lodging & Entertainment liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the application for a new Lodging & Entertainment liquor license. 19 Budget: The fee paid to the Town of Estes Park for a new Lodging & Entertainment Liquor license is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Lodging & Entertainment Liquor license is $869. Level of Public Interest Low Sample Motion: The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Based upon these findings, I move that the application for a new Lodging & Entertainment Liquor license filed by Park Theatre Mall LLC dba Historic Park Theatre & Cafe be approved/denied. Attachments: Procedure for Hearing Application & Individual History Form Map 20 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Park Theatre Mall LLC dba Historic Park Theatre & Cafe for a new Lodging & Entertainment Liquor License located at 130 & 132 Moraine Avenue, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following:  The application was filed May 24, 2017.  At a meeting of the Board of Trustees on June 27, 2017, the public hearing was set for 7:00 p.m. on Tuesday, July 11, 2017.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.15 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on June 28, 2017 . 21  The premises was posted on June 30, 2017 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: Unscheduled Scheduled X Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 22 23 24 25 26 27 28 29       30 TOWN ATTORNEY Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: July 7, 2017 RE: Resolution No. 22-17 - Donation of Mrs. Walsh’s Garden From the Community Foundation Trust to the Town Objective: Review and, if appropriate, adopt Resolution No. 22-17 which approves the donation of property known as Mrs. Walsh’s Garden from the Community Foundation Trust (the “Donor”) to the Town of Estes Park. Present Situation: The Donor acquired title to property located at 322 West Elkhorn Avenue in the Town in the Fall of 2010. The property is known as Mrs. Walsh’s Garden (the “Property”). In 2001, the Property was subject to a Deed of Conservation Easement for the benefit of the Estes Valley Land Trust which restricted use of the Property, in perpetuity, as follows: “Allowed Improvements. Grantor and Trust intend that the Property will be improved and used as a garden/park accessible to the public. Grantor may construct and maintain gardens and other appropriate and compatible landscape features on the Property. Grantor may plant, cultivate, irrigate and replant flowers, shrubs, trees and other flora, construct and maintain pedestrian paths, construct and maintain retaining walls and borders, install seating, lighting and water sources (provided all utility installations shall be underground), and construct and maintain other similar facilities and amenities suitable for a small, urban garden/park. Grantor may construct and maintain a small public parking lot occupying approximately the westerly one-fourth of the Property, to facilitate public use and enjoyment of the Property.” Donor also maintains an endowment fund for the purpose of maintaining and repairing the Property. Donor has proposed to donate the Property to the Town pursuant to the terms and conditions of the Property Donation Agreement. The Property Donation Agreement provides as follows: 31 1. The donation of the Property to the Town will be at no cost to the Town. 2. The Town will be responsible for payment of the Title Policy premium ($533.00) and Closing Costs estimated to be $500.00. 3. Prior to Closing, the Property will be subject to a Restrictive Covenant that will provide as follows: “The Property shall only be used as a demonstration xeriscape garden for native plants that are indigenous to the Rocky Mountain region.” 4. The Closing for the donation of the Property, if Resolution No. 22-17 is approved, is scheduled for August 2, 2017. 5. The Town shall be responsible for all maintenance and repair of the Property. Proposal: The approval of Resolution No. 22-17 and receipt of the donation of the Property will allow the Town to maintain the Property pursuant to the Conservation Easement and Restrictive Covenant in perpetuity. Advantages: The donation of the Property to the Town will allow the Town to maintain this Property in its location along West Elkhorn Avenue. Disadvantages: 1. The Town will be required to maintain and repair the Property, in perpetuity, as a demonstration xeriscape garden for native plants. 2. The Donor agrees to provide to the Town annual endowment distributions to assist the Town in the maintenance and repair of the Property. The amount of the annual distribution is estimated to be $35,000. Action Recommended: Board approval of the Resolution 22-17. Budget: The annual cost of maintenance and repair of the Property is estimated to be $35,000 a year which will be offset by the annual distribution from the Donor’s endowment fund. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution No. 22-17. Attachments: Property Donation Agreement. 32 PROPERTY DONATION AGREEMENT This Property Donation Agreement (“Agreement”) is entered into effective as of the date last signed below (“Effective Date”) between Community Foundation Trust, a Colorado nonprofit corporation (“Donor”), and the Town of Estes Park, Colorado, a statutory municipality (“Donee”). 1.Donation of Property. Under the terms and conditions of this Agreement, Donor agrees to donate, give, transfer and convey to Donee, and Donee agrees to accept from Donor, the real property described on Exhibit A, attached and incorporated by reference (having a street address of 322 W. Elkhorn Avenue, Estes Park, CO 80517), together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto (collectively, the “Property”): In addition, Donor agrees to donate, give, transfer and convey to Donee all of Donor’s interest, if any, in the real property (“Other Property”) described on Exhibit B, attached and incorporated by reference. 2.Title Matters. Donee has received Commitment #FCC25150582-2 (“Commitment”) for an owner’s title insurance policy issued by Land Title Guarantee Company (“Title Company”) effective June 26, 2017. Donor will use reasonable commercial efforts, at no additional cost to Donor, to satisfy the Schedule B-1 Requirements listed in the Commitment by Closing. Donee shall be responsible for all Title Company costs and charges associated with the title insurance policy. 3.Improvement Location Certificate. Donee acknowledges receiving from Donor a copy of the Improvement Location Certificate for the Property prepared by Van Horn Engineering dated March 22, 2010. 4.“As Is” Condition of Property/Disclaimer of Warranties. Upon Donor’s conveyance of the Property to Donee at Closing, Donee accepts the Property “AS IS” and “WITH ALL FAULTS,” without any representations or warranties by Donor. Prior to Closing, Donee will have carefully and thoroughly made such investigations and inquiries as Donee deems necessary concerning all aspects of the Property which are or may be of concern to Donee, including, but not limited to: the physical condition of the Property and improvements thereon; the environmental condition of the Property; the location of the boundaries; any encroachments onto or off of the Property; the nature of the soil on the Property; utility extensions and services; any easements and rights-of-way; compliance or non- compliance of the Property with building codes, zoning regulations or other governmental regulations; the status of water rights; the status of mineral rights; the suitability of the Property for Donee’s intended use; and all other matters or things relating to the Property which are of conc ern to Donee. All warranties, express or implied, including, without limitation, any implied warranties of habitability, fitness for a particular purpose, merchantability, quality, quantity or condition, are disclaimed by Donor and waived by Donee. 5.Restrictive Covenant. Donor has prepared a Restrictive Covenant (“Restrictive Covenant”) for the Property, a copy of which is attached as Exhibit C and incorporated by reference. The Restrictive Covenant restricts future use of the Property. The Restric tive Covenant will be recorded with the Clerk and Recorder of Larimer County, Colorado immediately preceding the Bargain and Sale Deeds referenced in Section 6 below. Donee acknowledges and agrees that it will accept title to the Property subject to the Restrictive Covenant. 33 6.Closing. The Closing of this transaction (“Closing”) shall be held on August 2, 2017 at a mutually agreeable time at the office of the Title Company, 772 Whalers Way, #100, Fort Collins, CO 80525, or at such other date and time as may be agreed upon in writing by the parties. At Closing, Donor shall convey the Property to Donee by Bargain and Sale Deed. In addition, Donor shall convey the Other Property to Donee at Closing by Bargain and Sale Deed. Donor will deliver possession of the Property to Donee at Closing. As noted in Section 4 above, the Restrictive Covenant will be recorded at Closing prior to the above-referenced Bargain and Sale Deeds. 7.Title Advisory. The surface estate of the Property may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. 8.Prorations. There will be no prorations made at Closing. 9.Costs. Donee shall be responsible for payment of the following costs associated with this transaction: 9.1 Owner’s title insurance policy premium (including the premium for any endorsements requested by Donee). 9.2 Closing costs charged by the Title Company, documentary fee and recording fee. 9.3 2017 real property taxes for the Property based on the most recent mill levy and most recent assessed valuation. Donor shall be responsible for payment of water, electricity and any other utility charges (collectively, “Utility Charges”) for the Property through Closing, with Donee responsible for all Utility Charges following Closing. Donor shall be responsible for all of its transaction -related costs not otherwise the responsibility of Donee as listed above. 10.Maintenance and Repair. Donee shall be responsible for all maintenance and repair of the Property following Closing in compliance with the Restrictive Covenant, the Deed of Conservation Easement recorded with the Clerk and Recorder of Larimer County, Colorado on August 15, 2001 a t Reception No. 2001070187, and any other applicable regulations and restrictions. The Community Foundation of Northern Colorado, a Colorado nonprofit corporation (“CFNC”), maintains an endowment fund for the purpose of maintaining and repairing the Property. Following Closing, Donor will cause CFNC to make the customary annual endowment distributions to Donee to be used for maintenance and repair of the Property, provided that such annual distributions are contingent on Donee annually appropriating sufficient funds, in addition to the endowment distributions, to pay all expected costs of maintaining and repairing the Property during the year of the distribution and appropriation. 11.Risk of Loss/Condemnation. All risk of loss or damage to the Property shall be borne by Donor until Closing. However, in the event of any damage to the Property prior to Closing, Donee shall have the option, in its sole discretion, to (a) terminate this Agreement or (b) proceed to Closing, conditioned 34 upon Donor assigning all its interest in insurance or other payments for loss or damage to the Property. In the event of condemnation or threat of condemnation of any part of the Property prior to Closing, Donee shall have the option, in its sole discretion, to (a) terminate this Agreement or (b) proceed to Closing conditioned upon any condemnation award being paid, credited, or assigned, as appropriate, to Donee at Closing. 12.Default. In the event either party defaults under the terms of this Agreement, the other party shall have all remedies at law or in equity. In addition, the defaulting party shall pay the non -defaulting party’s costs and reasonable attorneys’ fees incurred as a result of the default whether or not litigation is commenced. 13.Brokerage. Each party represents to the other that it has not engaged the services of any real estate broker or agent in connection with the Property and/or this Agreement. 14.Prior Agreements/Merger/Amendment. This Agreement supersedes any and all prior understandings and agreements between the parties and constitutes the entire agreement between them. No representations, warranties, conditions, or statements, oral or written, not contained herein shall be considered a part hereof. This Agreement may not be a mended, altered, or modified except by an instrument in writing signed by the party sought to be charged therewith. 15.Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. 16.Survival of Terms. The terms of this Agreement shall survive Closing. 17.Governing Law. This Agreement shall be governed by, and construed in accordance with, Colorado law. [Signature pages follow] 35 DONOR: Date: _______________, 2017 Community Foundation Trust, a Colorado nonprofit corporation By: Ray Caraway, President 36 DONEE: Date: _______________, 2017 Town of Estes Park, Colorado, a statutory municipality By: 37 EXHIBIT A TO PROPERTY DONATION AGREEMENT Legal Description of Property A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described as commencing at the point where an extension of the dividing line between Block 3 and 28 in a Southerly direction intersects the South line of said Block 7; thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a distance of 337.08 feet to the True Point of Beginning; thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn Avenue; thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of Elkhorn Avenue; thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block 7; thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning. County of Larimer, State of Colorado. 38 EXHIBIT B TO PROPERTY DONATION AGREEMENT Legal Description of Other Property All of Donor’s right, title and interest in and to any and all real property owned by Donor and located within Section 25, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, except and excluding the following described real property: A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described as commencing at the point where an extension of the dividing line between Block 3 and 28 in a Southerly direction intersects the South line of said Block 7; thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a distance of 337.08 feet to the True Point of Beginning; thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn Avenue; thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of Elkhorn Avenue; thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block 7; thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning. County of Larimer, State of Colorado. 39 EXHIBIT C TO PROPERTY DONATION AGREEMENT Restrictive Covenant (Mrs. Walsh’s Garden - Estes Park, Colorado) 1.Background. Community Foundation Trust, a Colorado nonprofit corporation (“CFT”), owns the real property legally described on Exhibit A, attached and incorporated by reference, having a street address of 322 West Elkhorn Avenue, Estes Park, CO 80517, and commonly known as Mrs. Walsh’s Garden (“Property”). 2.Covenant. CFT declares that the Property is subject to the following restrictive covenant (“Covenant”) which touches and concerns the Property, runs with the Property and is binding upon and for the benefit of all parties having any right, title and interest in and to the Property, their heirs, personal representatives, successors and assigns: The Property shall only be used as a demonstration xeriscape garden for native plants that are indigenous to the Rocky Mountain region. 3.Enforcement. This Covenant is enforceable by CFT, its successors and assigns, through any action at law or in equity against the then-current owner of the Property and, in any such action, the Court shall award the prevailing party its costs and reasonable attorneys’ fees incurred in such action. Dated this ____ day of __________, 2017. Community Foundation Trust, a Colorado nonprofit corporation By: Ray Caraway, President STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of __________________, 2017, by Ray Caraway, as President of Community Foundation Trust, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: Notary Public 40 EXHIBIT A TO RESTRICTIVE COVENANT (Mrs. Walsh’s Garden - Estes Park, Colorado) Legal Description of Property A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described as commencing at the point where an extension of the dividing line between Block 3 and 28 in a Southerly direction intersects the South line of said Block 7; thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a distance of 337.08 feet to the True Point of Beginning; thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn Avenue; thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of Elkhorn Avenue; thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block 7; thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning. County of Larimer, State of Colorado. 41 RESOLUTION #22-17 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF PROPERTY WHEREAS, the Community Foundation Trust, a Colorado non-profit corporation (the “Donor”), owns certain real property located at 322 West Elkhorn Avenue, Estes Park, Colorado known as Mrs. Walsh’s Garden (the “Property”); and WHEREAS, the Donor wishes to donate the Property to the Town of Estes Park subject to the terms and conditions of the Property Donation Agreement attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Board of Trustees has determined, pursuant to this Resolution, to accept the donation of the Property pursuant to the terms and conditions of the Property Donation Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Board of Trustees of the Town of Estes Park approves the donation of the Property more fully described in Exhibit A from Donor pursuant to the terms and conditions of the Property Donation Agreement. 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute the Property Donation Agreement and execute all documents required to close the transfer of the Property from the Donor to the Town pursuant to the terms and conditions of the Property Donation Agreement. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this ___ day of , 2017. TOWN OF ESTES PARK, COLORADO _____________________________ Mayor ATTEST: __________________________ Town Clerk 42 FINANCEMemo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: 7/11/17 RE: Policy 670 - Cash and Investment Reserve and Contingency Objective: The purpose of this policy is to establish guidelines for minimum cash and investment balances to help the Town weather an unexpected significant downturn in the economy on a month-to-month basis. It provides a minimum cash and investment balance that would allow the Town to continue operations while a measured and appropriate response to the economic downturn is developed and put into action. Present Situation: The Town has a formal fund balance policy (Finance # 660 – Fund Balance) which sets forth a minimum fund balance amount based on year end Generally Accepted Accounting Principle (GAAP) financial statements. However, the detailed accounting entries needed to compile GAAP basis financial information are only done once a year as part of the year end preparation for the audit. This is not practical to do on a monthly basis so an alternative minimum reserve guideline is needed on a month-to-month basis. The Enterprise Funds (Light and Power Fund and Water Fund) have reserve requirements imposed upon them by debt covenants, including monthly reserve requirements. However, the other Town Funds, such as the General Fund, the 1A sales tax funds, the Fleet Maintenance Fund, etc., do not have ongoing monthly reserve requirements. Concerns have been expressed about the lack of a measurement statistic for these funds on a month-to-month basis. The annual fund balance policy helps provide security on a year-to-year basis but with the Town’s seasonal revenue streams, the financial conditions can change month-to-month. A more timely reserve measure is needed to provide the Town Board and Town management with more timely information to facilitate their financial oversight responsibilities. This policy is intended to provide that information. 43 Proposal: To provide time to develop a well-planned and measured response to a significant economic downturn, the proposed policy requires at least 2 months operations in cash and investment reserves. This is applicable to all funds except for the Enterprise Funds as mentioned above. It is felt that a 2 month reserve would effectively provide 3 or 4 months to make adjustments since not all the revenues would immediately stop at once. The average monthly appropriation to be used as the basis for the measurement is 1/12 of the total amended budget appropriations for the applicable funds, including capital outlay. After considering alternatives, it was believed that inclusion of capital outlay was appropriate since the capital costs incurred would be paid out of the cash and investment reserves. The cash and investment reserve ratio will be reported to the Town Board and Town management by the last day of the following month. In addition to setting the reserve ratio, the policy includes a contingency plan to be put into place if the ratio comes up short. The contingency plan includes actions that may be considered when the target is missed for one month, two months, or more. These actions must be tempered with professional judgement concerning the reasons the ratio was missed. It is conceivable that a large one time expenditure, such as settlement of a lawsuit or single contracted cleanup service, may cause the ratio to dip below the target. Town management must have discretion to take appropriate actions with the particular circumstances in mind. This contingency policy is intended to provide that flexibility while still providing options to consider, especially if the event is longer lasting than a short term occurrence. Advantages: •Enables the Town Board and Town Management to better exercise their financial oversight responsibilities. •Helps provide a financial safety net in the form of time should a major economic downturn occur in the future. •Increases transparency regarding Town financial health. •Helps provide structure to the Town’s response to such an occurrence. Disadvantages: •Creates additional work for Town staff which does not contribute to day to day functional activities. Action Recommended: Adopt Finance 670 - Cash and Investment Reserve and Contingency Policy by motion. Budget: No budgetary impact other than staff time. Level of Public Interest 44 Public interest has been low but there will be individuals interested in the Town’s monthly cash and investment reserves. Sample Motion: I move for the approval/denial of Finance Policy # 670 – Cash and Investment Reserve and Contingency. Attachments: a)Finance 670 – Cash and Investment Reserve and Contingency Policy b)Summary of Cash and Investment Reserve Ratios - 2013 through May 2017 45 Finance 670 Cash & Investment Reserve and Contingency Policy 0 Town of Estes Park, Finance 5/22/2017 Revisions: Effective Period: Until superceded Review Schedule: Annually Effective Date: 07/11//17 References: Fund Balance Policy 660 FINANCE 670 Cash and Investment Reserve and Contingency Policy 1.PURPOSE The purpose of the Cash and Investment Balance Policy is to establish guidelines for minimum cash and investment balances to weather an unexpected significant downturn in the economy on a month-to-month basis. The Town has a formal fund balance policy establishing targeted minimum fund balance amounts measured annually at year end on a Generally Accepted Accounting Principles (GAAP) basis. However, such a GAAP measurement is not generally available on a month-to-month basis. This Cash and Investment Reserve and Contingency Policy is intended to be complementary to the annual Fund Balance Policy by providing a measurement of monthly capability in addition to the annual measurement. This policy also provides a general approach to respond to any adverse financial and economic conditions in case the targeted balance is not met in any particular month. It establishes a foundation of principles and goals upon which budgetary and fiscal management decisions will be based. 2. POLICY a)Definitions i)Applicable funds includes the General Fund, Special Revenue Funds, and Internal Service Funds. The Enterprise Funds (currently Light and Power Fund and Water Fund) are excluded. ii)Applicable fund cash and investment balance is the total balance of cash and investments determined by adding the actual month end balances per the bank/investment statements, adjusted for significant deposits in transit, outstanding checks, and other significant reconciling items. The cash and investment balance for the Enterprise Funds per the general ledger will be subtracted from the statement total to arrive at the “applicable fund cash and investment balance”. iii)Average monthly appropriation is the total amended appropriations in the budget for the applicable funds, including capital outlay, divided by 12 months. 46 Finance 670 Cash & Investment Reserve and Contingency Policy 0 Town of Estes Park, Finance 5/22/2017 Revisions: iv)Cash reserve ratio is defined as “applicable fund cash and investment balance” divided by “average monthly appropriation”. b)Applicability This policy applies to the General Fund, Special Revenue Funds, and Internal Service Funds, which are primarily supported by sales tax revenues, whether the revenue is restricted for specific purposes or not. Sales tax revenues are more volatile and susceptible to changes in the local economy than many of the other Town revenue sources. The Town’s utility operations are supported by user charges which vary based upon customer consumption. In the case of a significant downturn in the economy, the revenues would reflect the changes in consumption automatically. The utility operations also have specific requirements in the debt agreements which address reserve requirements for each utility operation. Recognizing that the utility operations are unique from the other Town functions, they will be excluded from this cash and investment balance policy. c) Cash Reserve Ratio Target Total cash and investments for the applicable funds will maintain a Cash Reserve Ratio of 2.0 or greater (equivalent to two months). 3.PROCEDURE a)Reporting The cash reserve ratio will be calculated and reported to the Town Board by the last day of the following month. This can be accomplished by inclusion of the ratio with other monthly reports (i.e. the economic dashboard). b) Contingency Plan If balances should fail to meet the cash reserve ratio at the end of any month, the following steps should be considered to mitigate potential impacts. The guiding principles behind this contingency plan are to protect and enhance our community’s quality of life for the present and future generations, achieved through careful planning, fiscal responsibility and continuous monitoring and improvement. Declines in revenues will be analyzed in conjunction with expenditure trends, in order to consider the net impact to the Town’s financial stability. To the extent that expenditure savings offset declines in revenue, reduction measures will not be implemented. The following measures are only suggestions of the types of actions to be considered and are subject to Town Administrator discretion, based upon the severity of the ratio discrepancy, the expected length of the event, and other relevant factors. These are not intended to be comprehensive and are only examples of the types of actions that can be taken in response to the situation. 47 Finance 670 Cash & Investment Reserve and Contingency Policy 0 Town of Estes Park, Finance 5/22/2017 Revisions: i)Ratio missed target – one month (1) Town Administrator may consider delaying discretionary purchases for one month until the ratio is 2.0 or greater. (2) Town Administrator may consider delaying the award and execution of new contracts and / or projects. (3) Town Administrator may consider delays in travel and training. (4) Filling vacant positions may be delayed one month with Town Administrator approval of all exceptions. ii)Ratio missed target – two months in a row (1) Town Administrator may consider implementing work furloughs as a temporary cost saving measure. (2) Town Administrator may consider reductions in seasonal staffing. (3) Town Administrator may consider mandatory hiring freezes. (4) Town Administrator may consider elimination of travel and training costs. (5) Town Administrator may consider delaying of cash disbursements. iii)Ratio missed target – three months in a row or more (1) Town Administrator may consider eliminating existing capital projects. Depending on the severity of the situation, this may include cancelling / delaying indefinitely projects already under contract. (2) Town Administrator may reduce/eliminate discretionary services until conditions improve. (3) Town Administrator may consider targeted service level reductions until conditions improve. (4) Town Administrator must approve all expenditures over $5,000 prior to ordering / purchase as necessary and critical for continued operations of the Town. (5) Town Administrator may consider, depending on the severity of the condition, reductions in work force. Approved: _____________________________ Todd Jirsa, Mayor _____________ Date 48 TOWN OF ESTES PARK SUMMARY OF CASH AND INVESTMENT RESERVE RATIOS FOR PERIOD FROM Jan 2013 to Dec 2016 Year Month Cash and Investments One Month Expenses Ratio 2013 Jan 12,083,344.03 2,936,399.50 4.1 2013 Feb 12,158,517.23 2,936,399.50 4.1 2013 Mar 11,845,847.11 2,936,399.50 4.0 2013 Apr 11,124,471.24 2,936,399.50 3.8 2013 May 17,620,068.69 2,936,399.50 6.0 2013 Jun 16,870,890.21 2,936,399.50 5.7 2013 Jul 15,760,081.47 2,936,399.50 5.4 2013 Aug 16,359,362.10 2,936,399.50 5.6 2013 Sep 16,571,996.57 2,936,399.50 5.6 2013 Oct 15,395,705.17 2,936,399.50 5.2 2013 Nov 13,385,271.10 2,936,399.50 4.6 2013 Dec 13,489,815.74 2,936,399.50 4.6 2014 Jan 14,116,816.70 2,902,999.75 4.9 2014 Feb 14,162,245.61 2,902,999.75 4.9 2014 Mar 13,518,494.94 2,902,999.75 4.7 2014 Apr 12,811,597.48 2,902,999.75 4.4 2014 May 14,136,129.31 2,902,999.75 4.9 2014 Jun 12,182,506.91 2,902,999.75 4.2 2014 Jul 11,753,403.37 2,902,999.75 4.0 2014 Aug 11,031,219.77 2,902,999.75 3.8 2014 Sep 12,542,758.78 2,902,999.75 4.3 2014 Oct 13,582,770.53 2,902,999.75 4.7 2014 Nov 14,144,165.81 2,902,999.75 4.9 2014 Dec 13,637,692.13 2,902,999.75 4.7 49 TOWN OF ESTES PARK SUMMARY OF CASH AND INVESTMENT RESERVE RATIOS FOR PERIOD FROM Jan 2013 to Dec 2016 Year Month Cash and Investments One Month Expenses Ratio 2015 Jan 13,320,326.05 2,908,989.75 4.6 2015 Feb 17,594,039.69 2,908,989.75 6.0 2015 Mar 17,637,308.88 2,908,989.75 6.1 2015 Apr 16,511,423.44 2,908,989.75 5.7 2015 May 17,139,391.50 2,908,989.75 5.9 2015 Jun 16,173,958.60 2,908,989.75 5.6 2015 Jul 16,561,576.28 2,908,989.75 5.7 2015 Aug 17,100,835.91 2,908,989.75 5.9 2015 Sep 18,332,451.11 2,908,989.75 6.3 2015 Oct 18,791,618.80 2,908,989.75 6.5 2015 Nov 19,147,394.21 2,908,989.75 6.6 2015 Dec 17,675,276.83 2,908,989.75 6.1 2016 Jan 18,669,557.23 4,041,337.42 4.6 2016 Feb 18,743,238.20 4,041,337.42 4.6 2016 Mar 18,349,962.27 4,041,337.42 4.5 2016 Apr 18,933,870.43 4,041,337.42 4.7 2016 May 16,904,921.26 4,041,337.42 4.2 2016 Jun 16,932,057.77 4,041,337.42 4.2 2016 Jul 16,045,814.43 4,041,337.42 4.0 2016 Aug 15,665,194.76 4,041,337.42 3.9 2016 Sep 14,404,583.53 4,041,337.42 3.6 2016 Oct 13,837,784.81 4,041,337.42 3.4 2016 Nov 14,255,658.90 4,041,337.42 3.5 2016 Dec 13,265,577.89 4,041,337.42 3.3 2017 Jan 17,596,123.54 3,610,357.58 4.9 2017 Feb 16,588,787.96 3,610,357.58 4.6 2017 Mar 15,827,357.82 3,610,357.58 4.4 2017 Apr 16,045,396.50 3,610,357.58 4.4 2017 May 12,875,385.38 3,610,357.58 3.6 50