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HomeMy WebLinkAboutPACKET Town Board 2016-11-08The 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, November 8, 2016 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. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 25, 2016 and Budget Study Session Minutes dated October 14 and 21, 2016. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee Minutes dated, October 27, 2016. 1. The Harmony Foundation Inc., Variance and Annexation Fee Waiver Request, $3,225.00 - Unbudgeted. 4. Estes Valley Board of Adjustment Minutes dated October 4, 2016. (acknowledgement only). 5. Estes Valley Library District Board Appointments:  Beth Ellis to complete Debra Dullaghan’s term ending December 31, 2017.  Ann Coleman - 4 year term beginning January 1, 2017, expiring on December 31, 2020.  Judy Fontius - 4 year term beginning January 1, 2017, expiring on December 31, 2020. Prepared 10/28/16 * Revised 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP FROM DEER RIDGE INC. DBA THE OTHER SIDE RESTAURANT TO CADESO LLC DBA THE OTHER SIDE RESTAURANT, 900 MORAINE AVENUE, ESTES PARK, COLORADO, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. 3. ACTION ITEMS: 1. PUBLIC HEARING – 2017 BUDGET. Finance Director Hudson.  Final Budget Changes for 2017.  Continued Public Hearing and Board Action on December 13, 2016. 2. RESOLUTION #21-16 AUTHORIZING THE TOWN TO FILE IN WATER COURT AN APPLICATION FOR AN AUGMENTATION PLAN FOR THE SCOTT PONDS PROJECT. Attorney White. 3. ORDINANCE #23-16 EXTENDING INTERIM FLOODPLAIN REGULATIONS. Director Hunt. 4. DOWNTOWN PLAN COMMITTEE REAPPOINTMENT. Director Hunt. 5. LOCAL MARKETING DISTRICT BOARD APPOINTMENT. Town Clerk Williamson. 6. CONFERENCE CENTER CONCESSION AGREEMENT WITH DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC. Attorney White. 4. REQUEST TO ENTER EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) – Ballot Issue 1A Sales Tax Overage. ACTION ITEM: DETERMINE POSITION ON BALLOT ISSUE 1A SALES TAX OVERAGE. Attorney White. 5. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, October 25, 2016 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 25th day of October, 2016. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody 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. PUBLIC COMMENTS. Connie Dedon/Estes Valley Community Garden (EVCG) Board Member presented the Town Board with a poster signed by members of the EVCG Board, organizations such as Larimer County Boys and Girls Club, Boy Scouts, Girl Scouts, and other community members thanking the Town for their support and partnership in creating the garden, which contains 68 plots and supports approximately 500 families throughout the valley. Tom Hannah/Town citizen requested the Town Board consider an ordinance to address prolonged idling of vehicles. He stated similar ordinances have been adopted by other communities and would address not only noise but air pollution. Art Messal/Town citizen stated concern with the Town Board emails becoming public because it would decrease the effectiveness of communication with the citizens. He stated communication would become one way. He requested the Town not fund the EDC in 2017, and to request a refund from previous years because public funds should not be used to fund organizations which operate privately and are not accountable to the public. TRUSTEE COMMENTS. Trustee Martchink commented interviews for the upcoming vacancy on the Local Marketing District Board were completed with five qualified applicants. An appointment would be considered by the Town Board at the November 8, 2016 meeting. Trustee Norris reminded the public that bear activity continues to be high; however, the efforts of the Police and the Police Auxiliary to enforce the wildlife ordinance has led to no euthanized bears this year. The Planning Commission recommended unanimous denial of ADU regulations due to de facto rezoning of single family residential zone districts, increasing density through a change in allowed use, and the Development Code and the Comprehensive Plan do not support the change. The Commission recommended approval of a code amendment to allow up to seven multi-family units on lots of less than 40,000 sq. ft. A special Planning Commission study session would be held on November 1, 2016 to discuss vacation home rental regulations. The Estes Park Nonprofit Resource Center hosted a meeting to discuss solutions related to workforce housing and childcare. He would advocate the creation of a Family Advisory Board to further the effort in addressing the lack of childcare in the valley. 3 Board of Trustees – October 25, 2016 – Page 2 Trustee Walker stated the Rooftop Rodeo received the most improved rodeo through the PRCA organization. The Estes Park High School Band won conference and would be headed to the State competition. Mayor Pro Tem Koenig announced Sister Cities would hold their annual meeting in January with a date to be announced with the intent on making it an international event. Trustee Nelson commented the Larimer County Open Lands Advisory Board cancelled the October meeting due to a lack of business. Trustee Holcomb stated the Transportation Advisory Board held its monthly meeting. TOWN ADMINISTRATOR REPORT.  Policy Governance 3.3 Financial Planning and Budgeting Report – Administrator Lancaster reported full compliance with the exception of meeting the 20% General fund balance and developing a contingency plan.  A meeting was held with Central Federal Lands and CDOT to discuss the Downtown Loop EA. The final EA was delayed due to the preparation of response to the public comments received. The Town would hold a special Town Board meeting to make a determination on the de minimis findings as it relates to the impact on the Town owned Baldwin Park and finalize the next steps for the project.  The State Liquor Investigation and Estes Park Police conducted compliance checks on October 14, 2016 and seven out of 19 liquor licensees failed. In the past, the Town Board has requested the license renewals for businesses that failed a compliance check be brought forward for Board review and action. Discussion ensued with the Board reaching consensus to have repeat offenders with two violations in a row be brought forward during the renewal process for Board consideration. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 11, 2016 and Town Board Study Session October 11, 2016. 2. Bills. 3. Committee Minutes. a. Public Safety, Utilities & Public Works Committee, October 13, 2016. 1. Membranes Replacement at Mary’s Lake Water Plant, $120,000 - Unbudgeted. 4. Audit Committee Minutes dated October 12, 2016. 5. Transportation Advisory Board Minutes dated September 21, 2016 (acknowledgment only). 6. Parks Advisory Board Minutes dated September 16, 2016 (acknowledgement only). 7. Estes Valley Planning Commission Minutes dated September 20, 2016 (acknowledgement only). 8. Acceptance of Policy Governance Compliance Report 3.3. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 4 Board of Trustees – October 25, 2016 – Page 3 2. REPORT AND DISCUSSION ITEMS (outside entities): 1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT. Charley Dickey/Board member provided an update on the activities of the organization, stating the annual meeting was held with presentations provided by Visit Estes Park (VEP) on the upcoming Centennial events and a review of their 2017 Operating Plan. The next business after hours event would be held in conjunction with the Creative Arts Board at the Cultural Arts Center on November 17, 2016. The Explore your store continues to be successful with the next event being held on November 9, 2016. The EVPC Executive Board would be holding its elections for positions currently held by Kent Smith and Jon Nicholas. A business welcome packet has been completed for new businesses and a ribbon cutting process has been initiated. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. FALL RIVER VILLAGE SUPPLEMENTAL CONDOMINIUM MAP #1. Item continued by staff to November 22, 2016. 4. ACTION ITEMS: 1. APPEAL OF PLANNING COMMISSION APPROVAL OF DEVELOPMENT PLAN 2016-04, HABITAT FOR HUMANITY & SALUD CLINIC. Dennis and Dena Sohocki/Appellants and Town citizens outlined the relevant facts on why the Development Plan should be overturned, including a conflict of interest in violation of state and local regulations which voids the Planning Commission’s decision, and the Planning Commission failed to consider critical evidence required by the Estes Valley Development Code. Commissioner Murphree, a member of the Habitat for Humanity Board, recused himself during the meeting and then proceed to speaking during public comment in favor of the project and actively participated in the study session discussions on the item. It was stated his presence likely influenced the vote of the other Commissioners, thus violating the open meetings law. It was further stated Section 3.8 requires Development Plans show the proposed development with information needed to make an informed decision such as buried toxic underground tanks and associated contaminated soil, and the Planning Commission is the final decision-making body, not other departments such as the Building department. The Planning Commission overlooked Section 3.9 that finds approval of the plat will not be materially detrimental to public welfare, or injurious to other property in the neighborhood. The appellants stated the site is an EPA Brownfield site that contains toxic hazardous wastes associated with health risks such as cancer due to the underground tanks that have not been removed and are likely leaking toxic chemicals into the soil. The residents in the area have stated concern that disturbed soils during construction blowing in the wind would cause health problems for neighbors, Salud employees and visitors. The Planning Commission should have considered the health risks and impose measures to require future residents be made aware of site conditions and require proper handling of the stained soil through a soils management plan. The Planning Commission overlooked Section 1.3 that states developments should promote health and safety, as well as efficiency and economy, and promote higher quality in site and land planning. The proposed development would be located at the intersection of three streets and next to a busy parking lot, which would be dangerous to young working families and their children. The development would have unique and expensive development cost such as Brownfield site mitigation, specialized drainage, slope mitigation, cost of a long driveway, and disposal of hazardous soils. The development violates the tenant of producing a higher quality development. The appellants requested 5 Board of Trustees – October 25, 2016 – Page 4 the decision be remanded and a new hearing conducted without the improper bias created by the conflict of interest and addresses each of the critical development plan criteria items misunderstood or not addressed by the Planning Commission. Amy Plummer/Van Horn Engineering represented Habitat for Humanity stating the lot was challenging; however, the newly created lots meet code requirements, the drainage plan complies with the original plan submitted by the developer, the development would improve the drainage in the area, and the shared driveway was encouraged by staff and would be located well away from the intersection. She stated Salud would hire an independent agency to review the site prior to purchasing the lower lot for an expansion of their parking lot to address the concerns raised with contamination on site. Director Hunt stated the Building department could require further investigation of the site through the permitting process and may require clean up of the site prior to moving forward with development. Art Messal/Town citizen and Vista Ridge HOA President commented Habitat should not move forward with the project; he watched Commissioner Murphree lobby the Planning Commission for the project; stated concern with the contamination on site; and commented the Vista Ridge neighborhood would be downwind from the toxic site. Michelle Hiland/Town citizen stated the violations of the Development Code should be evaluated and health and safety of the surrounding neighborhood should be addressed. The contaminated soils are going to be an issue for the development, new homeowners and the neighbors. Curt Gleaves/County citizen and Habitat for Humanity Board member reviewed the history of the property, the contingent purchase of the property by Habitat due to possible environmental concerns and the numerous tests conducted to address possible contamination of the site. He stated the appellant’s claim that the EPA targeted the property as a Brownfield site is false. The property has been included on an EPA list because Habitat received a grant to fund an environmental review, and has not been targeted by any government order to clean up the site. The soils were sampled in 2005 and one location was identified in the northwest corner with slightly higher levels of benzene than State standards. In October 2011, sampling of numerous sites was conducted and no detectable levels of contamination was identified or were below State levels. He stated chromium and arsenic are naturally occurring elements in the soils of Estes Park, and the site has levels of arsenic below the background levels and chromium levels well below those required to be cleaned up. The Division of Colorado Oil and Public Safety maintains a list of tanks that demonstrates the tanks onsite were permanently closed on January 1, 1989, which means they were either removed or left on site, emptied, cleaned of all liquids and vapors, and filled with sand or concrete. An interview with the previous property owner has identified there were two above ground tanks on the property and the tanks were improperly listed as underground. After further discussion, it was moved and seconded (Norris/Nelson) to deny the appeal, affirming the finding of the Estes Valley Planning Commission and the Commission’s decision to approve Development Plan 2016-04, and to affirm a Town Board of Trustees finding that the Planning Commission’s determinations in this matter as identified in the August 16, 2016 minutes are appropriate and applicable under the Estes Valley Development Code, and it passed with Trustee Holcomb abstaining. 2. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND SINGLE AUDIT. Paul Neidermuller/CliftonLarsonAllen presented an overview of the annual financial reporting process. The auditing firm of 6 Board of Trustees – October 25, 2016 – Page 5 CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes Park’s financial statements as of December 31, 2015 and have expressed an unmodified opinion (clean) that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). The Town audit addressed the GASB 68 and 71 standards which required inclusion of the Town’s net pension liability related to its contributions to the defined benefit pension through PERA. The Town was required to complete a single audit because the Town received more than $750,000 in federal grant funds. The audit ensures the Town maintains compliance with all federal guidelines and requirements outlined in the grant requirements. Areas of improvement noted in the Management notes included misposted entries, tracking and recording of grant receivables, unearned revenues and revenues, certain capital asset entries, purchasing procedure compliance, system access monitoring, long term debt disclosures, and year end entries. It was moved and seconded (Holcomb/Koenig) to accept the audit report and Comprehensive Annual Financial Report for the year ending December 31, 2015, and it passed unanimously. 3. MORAINE AVENUE BRIDGE REPLACEMENT ENGINEERING DESIGN CONTRACT. Manager Ash presented the results of an RFP issued for a professional services contract to develop final engineering plans, specifications and bid documents to redesign the existing box culvert structure and improve the flow capacity under the Riverwalk crossing of Moraine Avenue. The Town received five responses that were reviewed for project team qualifications, relative project examples and references, responsiveness to project schedule and approach, proposal accuracy and completeness, and budget. The review team identified RockSol Consulting Group as the top firm due to the concept plan, understanding of the in-progress hydrology study, proposed preliminary design, impact on adjacent property during construction, considered a pedestrian walkway integrated into the final structure, and inclusion of a sub- consultant, Anderson Consulting Engineering, to address aesthetic treatments for the bridge structure. It was moved and seconded (Koenig/Norris) to approve a professional services contract for the Moraine Avenue Bridge Replacement – Engineering Design Contract to RockSol Consulting Group, Inc. for a project cost not to exceed $240,000, and it passed unanimously. 4. RESOLUTION #19-16 ESTES PARK LOCAL MARKETING DISTRICT 2017 BUSINESS AND OPERATING PLAN. Town Administrator Lancaster stated the Town Board and the County Commissioners are required by State Statute to approved the Operating Plan for the Local Marketing District aka Visit Estes Park annually. Michelle Hiland/Town citizen stated the Operating Plan does not contain specific data, target marketing, competitor analysis, measurable data, and clear deliverables. The Plan lacks a process for monitoring accomplishments. Art Messal/Town citizen stated the plan lacks numerous elements, does not contain the information needed to measure success of the marketing plan, and does not meet the minimum standards of a marketing plan. The Town and County does not have a clear mechanism for determining the effectiveness of Visit Estes Park based on the Operating Plan presented. He urged the Board to reject the plan in its current form. Elizabeth Fogarty/Visit Estes Park CEO and President thanked the Board for their continued partnership. She stated a number of the items addressed by the public comments are available on the Visit Estes Park website. The public was provided two months to comment on the Operating Plan. 7 Board of Trustees – October 25, 2016 – Page 6 Trustee Walker stated the 2017 Operating Plan appears to be consistent with what has been done by the Visit Estes Park Board and staff. Trustee Norris agreed. It was moved and seconded (Norris/Walker) to approve Resolution 19-16 approving the Estes Park Local Marketing District 2017 Business and Operating Plan, and it passed unanimously. 5.RESOLUTION #20-16 SUPPORTING FUNDING FOR THE NATIONAL PARK SYSTEM. It was moved and seconded (Koenig/Holcomb) to approve Resolution #20-16 to support funding for the National Park system, and it passed unanimously. 6.DOWNTOWN PLAN APPOINTMENT AND INTERVIEW TEAM. Town Clerk Williamson stated the Board approved the appointment of eleven members to the committee in January 2016. One member resigned shortly after the appointment and the position has not been filled. As the project begins to move forward with a new consultant, staff and the committee would recommend the committee move forward with the current ten members and leave the eleventh position vacant. Staff stated an even number of members would not be a concern as voting would not take place, rather consensus on issues would be reached. After discussion, it was moved and seconded (Holcomb/Martchink) to approve the Downtown Committee’s eleventh member not be replaced and the Downtown Committee move forward with ten members, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:23 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk 8 Town of Estes Park, Larimer County, Colorado, October 14, 2016 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 14th day of October, 2016. Board: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Nelson, Norris and Walkers Attending: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, and Norris Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Finance Director Hudson, Director Bergsten and Hunt, Manager Fraundorf and McEachern and Director/Town Clerk Williamson Absent: Trustees Nelson and Walker Mayor Jirsa called the meeting to order at 8:00 a.m. 2016 BUDGET PRESENTATION Finance Director Hudson provided an overview of the budgeting process, stating the departments worked in collaboration to bring forward a balanced budget for 2017, the first time since 2011. The proposed budget contains a 2% merit pool and market adjustments, while still maintaining a proposed 21% fund balance in the General Fund. The 2017 budget projects a 5% increase in sales tax revenue and month-to-month projections were made factoring in the closure of Hwy 34 through April 2017. Staff continues to address grant receivables in 2016, which will continue in 2017 with a grant funded administrative staff member to address grantor agencies requests in a timely manner to facilitate collections/reimbursements. The Community Reinvestment Fund has over $6.4 million in capital outlay proposed, including the parking garage, Moraine bridge replacement, broadband design grant and Fish Creek Road repairs. The Community Center fund has begun to transfer funds to the Estes Valley Recreation and Park District on a monthly basis for the construction of the Community Center. The IT fund would reflect a significant decrease due to a transfer of dark fiber revenues to the Light and Power fund for the broadband fiber project. The Light and Power fund equity decreases by $1.2 million due in part to approximately $1 million in new capital projects in 2017. The Water fund projects an increase in fund equity of approximately $140,000 after reinvestment of approximately $946,000 in line replacement projects and system upgrades. The Tabor reserve of 3%, $563,251 in 2017, would reside in the General fund and be included in the reserve ratio calculation. Staff has made difficult decision on level of service and projects to bring forward the balance budget; however, through the budget review the Board may determine items need to be restored. Mayor Jirsa requested staff provide a cash flow by month to determine a minimum fund balance during months such as June and July. Director Hudson stated the number of large capital projects would make it difficult to estimate a month-to-month cash flow; however, staff would review and develop a proposed minimum by month for the Board’s review. Administrator Lancaster stated staff would bring forward a cash flow policy for the Board to review. INTRA-FUND TRANSFER The fund has been used to transfer funds from the General fund to the Community Services funds for their operations in the past. In 2016, $520,000 would be transferred from the General fund to pay for the Certificates of Participation (COPS) to repay the loan for the construction of the Event Center and Pavilion buildings. The $435,000 transferred from the General fund to the Street Improvement fund in 2016 continues to 9 Town Board Budget Study Session – October 14, 2016– Page 2 be considered as a source for repayment of the parking garage financing for the third and fourth levels. If approved by the Town Board these funds would be transferred to the Community Reinvestment fund. The Utilities transfer funds to the General fund with 10% of Light and Power revenues and 6% of Water revenues. Discussion ensued on the use of STIP funds to repay the loan for the parking garage because the voters were informed the funds would continue to be used for street improvement. Administrator Lancaster commented during the 1A sales tax election the Town agreed to commit the funds to transportation projects, and staff views the parking structure as a transportation project. EMPLOYEE COMPENSATION/BENEFITS Eric Marburger/EMS Consulting Services provided an overview of the Town’s market compensation plan adopted in 2013. Mr. Marburger completed the market salary survey for 2017 and recommended the following adjustments to the current five pay families: 3.4% Administrative, 3.3% Technical & Professional, 2.0% Public Safety, 1.3% Labor, Trade, Skilled and Craft, and 4.3% Management. In addition, it was recommended the Light and Power Lineman series be removed from LTSC and a new pay family be created. It was further recommended the dispatchers be removed from Public Safety and included in the Technical & Professional family. Other minor changes would occur within the pay families and specific jobs would be reclassified. Pay ranges would be adjusted and employees would see a market increase as of the first full paycheck in 2017 corresponding to the pay family for their position. The 2017 budget contains an 8% increase in medical and no increase in dental or vision premiums. The Insurance Committee reviewed with the Town’s benefit broker Hays Companies the possibility of bringing back spousal coverage in 2017, and, determined the Town would not be able to do so with the current claim history. This issue would be reviewed on an annual basis. The Air Ambulance service and Teledoc would be maintained for 2017 with membership covered by the Medical Fund. The Insurance Committee would continue to investigate options to assist employees and provide a comprehensive benefit package, research additional out-of-pocket cost mitigation tools/programs, and continue to educate employees on how to maximize benefit offerings. INTERNAL SERVICES FUNDS MEDICAL The fund maintains the medical premiums and fund balances as the Town moved to self insurance in 2012. The fund balance would be reviewed as the stated funds appear to only capture the Town’s premiums. There are current five other local entities, including the Library District, Estes Park Sanitation, Estes Park Housing Authority and the Local Marketing District on the Town’s medical plan. FLEET MAINTENANCE Manager McEachern reviewed the budget stating the division maintains over 500 pieces of equipment ranging from pump trailers to heavy earthmoving equipment with a replacement value of $7 million. The division provides specifics on the purchasing of all new equipment for the Town departments and the Estes Valley Fire District. The revenues for the fund remain flat in 2017 with expenses increasing slightly for personnel and O&M. An increase in labor costs would require a rate assessment in 2017 and lead to potential rate increases in 2018. A staffing analysis demonstrates the division’s staffing needs are 6 FTEs and an administrative supervisor. A similar analysis of shop space showed the division operates at approximately 25% of the space per industry standards. An increase in shop space would address current safety concerns and allow the storage of snow plows during the winter months to enhance efficiency. INFORMATION SYSTEMS TECHNOLOGY The division maintains equipment attached to the Town’s network and phone system (laptops and computers, servers, audio and video components, software, copiers and telephone components) with each department paying a fee per item. The division would continue to support the network system, support the Broadband and Smart Grid 10 Town Board Budget Study Session – October 14, 2016– Page 3 initiatives, and move dark fiber revenue to Light and Power. Revenues increase with the full cost of service charged to each department. The division would be fully staffed in 2017 and O&M expenses remain flat. Capital includes new fiber equipment, a firewall/switch enhancement, and the replacement of one server. VEHICLE REPLACEMENT The Internal Services Fund maintains a fund balance for future vehicle purchases with approximately 95 vehicles in the fleet. In 2016, 21 vehicles were replaced at a cost of $1.15 million. The 2017 budget contains 6 vehicles slated to be replaced at a cost of $305,154. There are no new vehicles budgeted for 2017. The fund would be funded by the General fund at 50% of normal as a budget saving measure in 2017. Staff would review the replacement schedule for vehicles and make appropriate adjustments to extend the useful life. Trustee Norris requested staff provide the Board with the dollars needed to make the fund whole. Mayor Pro Tem Koenig questioned the fate of the Senior Center van. Trustee Holcomb stated concern the fund would not have the appropriate balance to fund replacement vehicle for the next 3 – 5 years. Staff stated the MOU with the EVRPD would transfer the van to the District with the transfer of the Senior Center in 2017/2018, and at that point in time the District would be responsible for the maintenance and replacement. Mayor Jirsa called a break at 9:55 a.m. and reconvened the meeting at 10:05 a.m. GENERAL FUND. Finance Director Hudson stated the General fund revenues are primarily from sales tax, property tax, transfer from Utilities, charges from services, operating grants and contributions, and capital grants and contributions. Sales tax for 2017 has been projected to increase by 5% with a budget estimate of $10.9 million. The Town’s property tax mill levy of 1.822 equates to 2.2 cents of every dollar of property tax paid. The average mill levy in Larimer County for 2016 was 12.19 mills. The departmental revenues for 2017 are estimated at $5.16 million and include charges for services. The most significant changes in revenues come from one time grant revenues for capital projects. Staff continues to review grant opportunities and weigh the cost benefit associated with the staff time required to administer grants. Each fund was reviewed and requests for additional information is noted below:  Legislative – The benefit costs increase in 2016 and 2017 with the current elections made by the Board members. The Mayor’s cell phone allowance has been moved to a compensation line item in 2017. Funds have been budgeted for a portable audio system for meetings at locations such as the Event Center. The Mayor’s contingency fund would be reduced to $25,000 with $5,000 moved to office supplies for promotional items.  Judicial - The fund remains flat for 2017 with no significant changes.  Executive –The department budget remains flat for 2017 and would realize a reduction in personnel cost in August 2017. The budget includes funds for the Town’s Centennial celebration.  Administrative Services – Revenues from business licensing increased in 2016 because of the change in vacation home fees in January 2016. The additional revenues are to be used to offset additional code compliance staffing to address associated compliance issues for vacation homes. Expenses increase slightly with the continued need for contract labor in lieu of additional staffing, the inclusion of employee development and leadership training, and agenda management software without the implementation of document management software. The budget does not include funding for the service proposal to implement a town wide document management system. The Town Board requested staff present the service proposal at the November 8, 2016 study session. 11 Town Board Budget Study Session – October 14, 2016– Page 4  Finance – The revenues remain consistent with 2016 and includes continued funding from DOLA for a flood accountant in 2017. The department recommends converting a fixed term Grant Specialist to a regular employment position in 2017.  Employee Benefits – This fund contains the homeownership program, tenure awards, wellness program, benefit consultant, post-employment benefits and employee gatherings. The budget does not include a holiday gathering in 2017. The 2017 budget increases due to the number of potential retirees that could take advantage of the post medical insurance benefit and the number of employees enrolled in the home ownership program. An actuarial study has been budgeted for the post employee benefits which is required every other year. COMMUNITY DEVELOPMENT The department provides planning services for the entire Estes Valley and building safety services for properties within Town limits. In 2017, the Planning division would develop a Downtown Plan integrating floodplain management, economic development and land use planning; continue to support the Watershed Coalition’s planning and project implementation efforts; continue multi-year flood mitigation planning, including short and long term objectives; coordinate effort with Town’s floodplain management team; develop and implement residential and housing revisions to the Development Code and policies; completely revise the Sign Code; develop and implement specific commercial revisions to the Development Code; create and implement redevelopment regulations to the Development Code and expand code enforcement capabilities and tools with the implementation of iCompass for vacation rentals. Larimer County revenues increase in 2017 with a 50/50 cost sharing of the iCompass software. The department has anticipated an increase in charges for services in 2017. O&M costs decrease with a reduction in the outsourcing of development plan reviews to improve transparency and customer service. Protective Services (Building) provides building permitting and inspection, addressing and floodplain management in conjunction with Planning staff. Floodplain management and floodplain administration has been placed on hold until the final hydrology report has been completed and parameters have been determined. 2017 revenues decrease with the completion of the grant funded hydrology study. Personnel cost increase with the division fully staffed and reflects a corresponding decrease in O&M for the outsourcing of plan review. Mayor Jirsa questioned if the proposed budget begins to address the level of service provided by the department. Trustee Norris expressed the same concern as it relates to customer service. Director Hunt stated the department would be addressing its processes to simplify them in an effort to provided better customer service. CULTURAL SERVICES  Senior Services - Operates the Estes Park Senior Center and its programs, including onsite dining, Meals on Wheels, information and referrals, outreach, facility rentals, public meetings, recreation and social opportunities, and health, wellness and fitness programs with 2.55 FTEs and 155 volunteers. The staff continues to work with the EVRPD to transition Senior Services to the District upon completion of the new Community Center in 2017 and a transition plan for Meals on Wheels program beyond 2017. To accomplish the transition plan staff has requested an increase of the Program Coordinator positions by an additional 4 hours per week each during 2017. Further discussion was heard on the transition of the meal programs. Manager Mitchell stated staff has been in discussions with Crossroads and the Larimer County Office of Aging to determine an appropriate and feasible program for Meals on Wheels moving forward. The Fort Collins model may be implemented, which provides a week worth of frozen meals. Other options explored are partnerships with the School District and the Hospital. Revenues remain steady with the Senior Center Inc. funding the difference between the Town’s funding for meals and the new contract with Catering for All Occasions in 2017, a $16,000 difference. 12 Town Board Budget Study Session – October 14, 2016– Page 5  Museum – The 2017 budget would address grant funding opportunities for the Collection and Research building; museum staff providing a leadership role in the Centennial celebration of the Town; complete the remodel of the main Museum building; remove temporary exhibit in 2017 due to a lack of staffing; and begin accreditation through STEPS program. The remodel of the building would ensure the current building is viable for the next 15-20 years. The Estes Park Museum Friends and Foundation would continue their efforts to raise the funds needed to complete the $1.7 million Collections and Research facility. Staff would research grant opportunities to improve the Birch Ruins and evaluate local funds from organizations such as the Rotary clubs for educational programs. Revenues, Personnel costs, and O&M would remain flat for 2017. Mayor Jirsa called a break at 11:50 a.m. and reconvened the meeting at 12:07 p.m. UTILITIES  Light & Power – The department provides electric power to approximately 10,500 accounts, including service to Rocky Mountain National Park; maintains 300 miles of distribution lines and construction of new infrastructure; provides meter reading service for both electric and water; and provides energy efficiency programs and renewable energy options. The projected fund balance would decrease with an increase in expenditures over revenues in 2017; however, the ending fund balance meets the debit service requirements. Revenues decrease slightly in 2017. Personnel cost increase with the addition of a Document Technician and fully funding a Project Manager with the elimination of the grant funding for the position. Capital projects include tree cable and undergrounding along Fall River, continue automated meter reading improvements with Smart Grid, and underground/overhead work on the Allenspark circuit. Staff would begin Phase I of a web based utility billing which would require web facing servers. The Broadband project continues with dark fiber revenues transferred from IT to Light and Power, inventory of field assets, and development of fiber asset management software. Trustee Holcomb questioned if the rates established would be sufficient to fund the utility. Director Bergsten stated the current rates allow the utility to meet debt service coverage and maintain 90 days O&M. Staff continues to address capital projects that reduce outages and the time customers are without power.  Water – The department manages water rights, augmentation plan accounting, backflow prevention program, regulatory compliance testing and reporting, and capital construction for aging infrastructure. In 2017, the ending fund balance would increase with the new water rates established in 2016. Personnel cost would increase with the addition of a Laboratory Technician and the increase of the Administrative Assistant to full time. Capital projects would include a new water main in the Reclamation neighborhood (Phase 1 of 5) and multiple system improvements and automation. The department would administer water rights with the Northern Colorado Water Conservancy District and Big Thompson water rights acquisition. Director Bergsten stated the Water Master Plan continues to address resiliency through the development of two raw water sources to one of the water plants, and the need to address aging infrastructure with the replacement of pipe. The funding needed to replace one mile of pipe has been estimated at $1 million with 50 miles of pipe to be replaced. The department has approximately four years to utilize the funding available through the USDA to aid in the cost of replacement. The Town bonded the cost to upgrade the Mary’s Lake Water Treatment facility in 2008 with a 20-year bond. The next Budget Study Session is scheduled October 21, 2016 8:00 a.m. – 1:00 p.m. There being no further business, Mayor Jirsa adjourned the meeting at 12:35 p.m. Jackie Williamson, Town Clerk 13 14 Town of Estes Park, Larimer County, Colorado, October 21, 2016 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 21st day of October, 2016. Board: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Nelson, Norris and Walker Attending: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Norris and Walker Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Finance Director Hudson, Director Hinkle, Chief Kufeld, Captain Rose, Director/Town Clerk Williamson Absent: Trustee Nelson Mayor Jirsa called the meeting to order at 8:00 a.m. COMMUNITY SERVICES FUNDING REQUESTS (General Fund) Trustees Holcomb and Nelson met to evaluate the grant applications and reviewed each to determine the number of people served and affected by the services provided to citizens of Estes Park. Services the grant funds have supported over the years includes arts and education, transportation, youth programs, human services and sister cities programs. Intergovernmental support to partnering agencies has included the Fire District, Housing Authority, and the Economic Development Corporation. The Town has funded the food tax refund program from this fund as well. The Committee recommended funding of ten outside organization in 2017 as outlined below in the funding amount of $106,500: The Fire District would receive 7% of the non 1A sales tax revenue, $45,000 funding for EDC and Via funding was moved to Senior Services. Additional Mayor Contingency fund requests have been made for 2017 and include funding for sponsorships from the Art Center, Cultural Art Council, Estes Park Duck Race, Estes Park Nonprofit Resource Center, Partners Mentoring Youth and Senior Pro Rodeo. Rita Kurelja/EPHA thanked the Town for their continued support of the Housing Authority which began in 2002. The Authority has been committed to reducing the requested funding annually and had requested $42,000 in funding, an $8,000 reduction ORGANIZATION 2017 BUDGET Arts & Education: Estes Art District, $1,000 $1,000 Youth: Boys & Girls Club of Larimer County, $2,500 Estes Park Learning Place, $1,000 Estes Valley Investment in Childhood Success (EVICS), $18,000 Larimer County Partners, Inc., $2,000 $23,500 Human Services: Crossroads, $20,000 Estes Park Nonprofit Resource Center, $4,000 E.P. Salud, $20,000 $44,000 Sister Cities Int’l. Conf. Student Participation, $3,000 $3,000 Housing: Estes Park Housing Authority, $ 25,000 ..Estes Valley Workforce Housing Assistance, $10,000 $35,000 Food Tax Refund, $12,000 $12,000 15 Town Board Budget Study Session – October 21, 2016 – Page 2 from 2016 funding. The Authority requested and has been recommended $10,000 for the down payment assistance program that provides loans at 2% interest for ten years to help individuals become homeowners in Estes Park. They currently manage 207 rental units, 50 homeownership units, and serve 650-700 individuals. The need continues to grow, therefore, the Authority requested the Board fully fund the request of $42,000 rather than the recommendation of $25,000. The current financial goal of the Authority consists of financial independence in the next two years. Nancy Almond/EVICS provided a brief history of the funding provided by the Town which began in 2006 with $32,000 and consisted of 74% of the organizations base operating expenses. At the request of the Town, EVICS has expanded its funding sources with the Town funding now at 19%. The needs continue to grow with EVICS now serving 260 families and anticipates more staff time would be needed in 2017 to facilitate scholarships due to the cap on the CCAP program. EVICS received $25,000 in support during 2016, requested $35,000 in 2017, and has been recommended for $18,000 by the Committee. Staff has secured funding for scholarships but finds it difficult to raise funds for the fixed costs of staffing and office space at an estimated cost of $60,000/year. Jane Stuart/President stated investing in childcare equates to an investment in the workforce. The decrease in Town funding would eliminate 350 staff hours when the demand continues to grow. Trustee Walker questioned the impact having EVICS as a budget line item would have on the organization. The hours used to complete the grant application annually could be used to support families; EVICS would still remain accountable to the Town; and it would demonstrate a reliable source of funding to potential donors. Cydney Springer/Estes Park Art District thanked the Board for the $1,000 recommendation. The funding would provide assistance in establishing one consistent calendar for the community as it relates to the arts. Kathy Whitacre/Partners Mentoring Youth read a prepared letter by the Executive Director thanking the Town for their continued support of the program in Estes Park; however, the decrease in support in 2017 would be challenging to absorb. Kathy Nauman, Learning Place Executive Director stated the grant requested would provide need based grants for tutoring services that range from 25% to 95% of the service. Approximately $14,000 was provided in need based services in 2016. The 2017 request was $5,000 and the Committee recommended $1,000. The original funding request would provide 2 months of need based scholarship funding. Jill Lancaster/Nonprofit Resource Center Executive Director stated the nonprofits in town provide services to both the citizens and the guest of the community. She stated concern the funding was reduced for all services in 2017 because the service needs are increasing. She reiterated private funders look at the level of support from local government when considering a donation. The nonprofits provide services that may be done by the local government if a nonprofit were not doing so. Trustee Holcomb commented the Committee reviewed the grants to determine how the entities fulfilled the goals of the Town’s Strategic Plan. He stated the departments had to cut their budgets to provide a balanced budget; therefore, the Committee cut the funding for the Community Service grants in support of the effort. Mayor Pro Tem Koenig stated the philosophy in the past was to encourage entities to find outside funding in an effort to diversify their revenues, while still making the organizations viable. She recommended increasing the funding for EVICS to $25,000 and the Housing Authority to $40,000 because the organizations are key outcome areas of the Town’s Strategic Plan. Trustees Norris and Martchink were in agreement. Mayor Jirsa requested the Town Board complete the budget presentation and discuss the funding holistically rather than individual items. 16 Town Board Budget Study Session – October 21, 2016 – Page 3 COMMUNITY SERVICES  Visitor Services – The Center provides information and support to guest of the Town with six employees and approximately 60 volunteers. The overall budget remains flat from 2016. The 2017 budget was reduced by $7,000 for building related expenses, equipment and supplies, and other expenses related to lobby displays. Trustee Holcomb questioned if reducing maintenance just delays maintenance response. Mayor Pro Tem Koenig suggested staff continue to provide preventive maintenance to ensure the Town facilities do not fall into disrepair. Director Hinkle stated the reduction in maintenance are mainly cosmetic.  Fairgrounds and Events – The division provides marketing and sales of the Event Center Complex and other Town events, plans and produces events, coordinates the use of the Event Center Complex, develops and produces new events and coordinates volunteers with 13 FTEs. An ongoing evaluation of existing events continues with the Movies in the Mountains, Tinsel Tavern Tour and Scottish Festival being discontinued or scope reduced. Staff has created new events for 2017, including Whiskey Summit, Oktoberfest, Food Truck Competition, and Dog Show. Additional measures to improve the divisions budget include an increase in revenues through building rental fees, event admissions and feed sales. Staff has identified savings in the reduction of Winterfest entertainment, wireless agreement, Events Complex website, and ticket processing. These efforts allowed for an increase in the marketing budget of $10,000. The budget contains funds for the Town’s Centennial Celebration into the Town’s signature events in 2017 such as the Rodeo. Revenues are anticipated to increase by approximately $90,000 and expenses increasing by approximately $120,000. Event Center revenues increasing by 32% and expenses decreasing 4%, which equates to a 43% reduction in the Event Center’s net operating deficit. The Center would be utilized 150 days in 2017. Staff would develop a multi-year contract with the Scotsfest to reduce expenses to the Town. Mayor Pro Tem Koenig questioned if staff has addressed the signage on the Event Center and for the Event Center Complex and requested funds be placed in the budget to address signage. Administrator Lancaster commented staff has been working on replacing the banner at the Hwy 34/36 intersection to provide a variable message sign announcing events taking place in Estes Park. Director Hinkle commented on the service proposal to replace the footing in the main arena at a cost estimate of $125,000. A maintenance schedule would be developed for the other arenas as the footing would need to be addressed for the horse shows that are revenue generating events and can be a safety and liability issue. Trustee Martchink requested a maintenance fund be created to address the issue over time.  Transportation – The current shuttle system consists of five routes with 62 stops serving the Estes Valley 79 days during the years from late-June through mid- September. In 2017 there would be minor shuttle stop modifications to improve service time, expand shuttle sponsorship program and continue to subsidize service to areas outside the Town limits. Advertisement and sponsorships would increase revenues from $6,000 to $7,500. Expenses would be reduced by ending service at 9:00 p.m. rather than 10:00 p.m., and discontinue service post Rodeo, Scotsfest Tattoo and special events such as Winterfest, Stanley Film fest, Memorial Day Weekend, Ambassador Tour, Wool Market, Jazz Fest/Art walk due to low ridership levels. Mayor Pro Tem Koenig stated concern with the impact the elimination of the last hour might have on restaurants and other services and the impact on guests participating in events. We need 17 Town Board Budget Study Session – October 21, 2016 – Page 4 to review the impact on the shoulder events. Director Hinkle stated the impact would be approximately 3,000 riders over the 79 days of service. Another option would be for the individual events to pay for the shuttle bus service. Administrator Lancaster commented the outside areas should pay for the shuttle service. Staff has requested consideration to reinstate the Express Shuttle service from the Events Complex Park-n-Ride to the Visitor Center. With the installation of electronic signage directing cars to the parking lot more cars would utilize the lot. An additional route operating at peak hours from noon to 5:00 p.m. would cover the express service at an additional cost of $29,000. Mayor Jirsa called for a recess at 9:20 a.m. and reconvened the meeting 9:30 a.m. POLICE The Police Department includes services for Patrol, Support Services, and Community Services divisions. The 2017 budget for the department would include increases to the number of CSOs from five to eight due to the increase workload associated with the Barnes Dance. The overall budget increases with competitive market adjustments, IT costs and funding vehicle replacement. The department cut the 2017 budget by eliminating the annual awards banquet, Segway refurbishment, removed Captain level Command school, Chiefs training and annual conferences, decreased contribution to fleet maintenance, new identification machine, decrease uniform budget, decrease supervisor training in 2155, decrease patrol officer training, and remove new furniture from the Dispatch manager office. A service proposal was submitted to add one full time Emergency Services Communication Dispatcher at an annual cost of $55,465 with benefits. There continues to be a need to provide double coverage at peak times for Police, Fire and EMS calls. A recent staffing study indicated nine dispatchers would be needed to meet minimum staffing needs to provide the level of safety required to meet the needs of citizens and first responders. Trustee Holcomb questioned the decrease in training for the Police officers as the recent citizen survey indicates public safety as a high priority. Mayor Jirsa stated concern with the training for the Patrol Officers and questioned the amount cut from the budget. Trustee Norris stated concern with cutting training and stated there is a tendency to not replace the training in the future. Chief Kufeld stated staff would provide in house training and would bring training opportunities to Estes Park thereby receiving training at a reduced cost. A number of the Officers have been trained to provide training to the other employees. Additional discussion was heard on the appropriate number of dispatchers and whether or not the other entities using the services of the Town’s dispatch would be willing to share in the cost of hiring additional FTEs. Trustee Holcomb questioned the department’s need for additional officers. Chief Kufeld stated as the seasons begin to blend the department may need an additional officer. EMERGENCY RESPONSE SYSTEM FUND (SPECIAL REVENUE FUND) The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The fund would receive 2.5% of the new tax for capital acquisitions associated with emergency response capabilities of the Town, such as emergency public radio and emergency operations center equipment and associated costs. In 2017, the Town would purchase computer and radio upgrades, ARES antenna for the municipal building and Event Center, satellite phone and service plan, public awareness guides, preparedness education, hazardous material safety equipment, critical mention media monitoring software, and information radio specialist media stream. Discussion followed on the allowable uses of the 1A funds and it was determined the education materials could not be funded with 1A funds. PUBLIC WORKS  Buildings – Manages 30 Town owned structures and maintenance contracts for janitorial services and other systems. Revenues and expenses decrease in 18 Town Board Budget Study Session – October 21, 2016 – Page 5 2017. The division would prepare a strategic plan in response to internal space needs assessment and projected staffing plan; implement Lucity maintenance management system to manage preventive maintenance needs and provide timely responses to routine repair request; evaluate the cost-effectiveness of contracted versus in-house janitorial services; develop concept for a public- private partnership in utilizing vacant Town land for workforce housing; rebid blanket contracts for routine services; and complete capital projects, including Town Hall roof, Phase II security camera replacement, reroof Streets/Fleet shop, and complete project management of the Museum remodel. The division would defer the replacement of second floor west windows in Town Hall, reduce security camera system replacement, and eliminate rent payment to Light and Power for the storage in the old shop.  Engineering – A division of Public Works which oversees capital projects, authorizes construction work in the public right-of-way, review development plans and building permits for compliance, guidance with improvement projects related to traffic, drainage, streets and parks, and transportation engineering and long- range transportation planning with federal and state agencies. Engineering would coordinate with CDOT for permanent repairs on Hwy 34 and overlay project on Hwy 7; coordinate with agencies on the FLAP grant, design and construction of the Estes Park Loop; work with Larimer County on Fish Creek repairs; manage the construction of the Visitor Center Transit Parking structure; manage Moraine Avenue Bridge Replacement project; complete the design and installation of the new dynamic message signs on Hwy 34 and 36 to improve parking utilization at the Events Complex Transit Hub; manage stormwater master plan and feasibility assessment; evaluate implementation of a paid parking program downtown; and complete a staffing needs assessment for future development review engineer and stormwater engineer. Personnel costs increase with the inclusion of a grant funded Flood Recovery Project Associate, and O&M include the cost of a Bridge Engineer consultant as Public Works was not successful in hiring the grant funded position to complete the Moraine Bridge replacement. Streets – The division of Public Works is responsible for 57 miles of roadway including snow removal, street sweeping, striping and street maintenance program, over 100 miles of drainage ways and roadside ditches, signage replacement, maintenance, and installation of traffic control devices during special events. A staffing and space needs assessment would be completed to evaluate the cost-effectiveness of in-house crack sealing, chip sealing, and paving machine patching in lieu of contracting services; conduct year-round shallow pothole repairs; and use new GPS data collector to build stormwater inlet, sign and pavement marker database for future maintenance planning and programming. Staff proposed $91,690 in cuts to balance the budget and requested the Board consider reinstating the conversion to 800 mhz radio system, equipment rental to reclaim asphalt pavement and clean plugged storm drains, education and training, and repair of parking lots. Mayor Pro Tem Koenig stated the Board should have a discussion on the use of 1A sales tax funds to repair parking lots as the guests and citizens drive in parking lots, therefore, the use of the funds would be appropriate to repair the parking lots. STREET IMPROVEMENT FUND (SPECIAL REVENUE FUND) The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The fund would receive 60% of the new tax for the construction, repair, replacement, rehabilitation and renovation of streets within the Town. In 2017, the funds would be used to procure a contractor to complete the 2017 crack seal program, chip seal and overlay projects as identified by the Street Maintenance program; and to construct the rehabilitation of MacGregor Avenue to include a concrete multi-use path along the east side of the road in coordination with the EVRPD to complete a trail system to the Gem 19 Town Board Budget Study Session – October 21, 2016 – Page 6 Lake Trailhead. Discussion ensued on the need to address the Tabor limits by reducing expenditures and set aside reserves in the event funds need to be returned. Trustee Norris stated the Board needs an Executive Session to discuss options. Mayor Jirsa agreed and stated the Town should not spend the extra funds until a decision has been made. Trustee Walker stated the Tabor notice addressed the first-year collections but remains silent on future year collections. TRAILS FUND – (SPECIAL REVENUE FUND) The fund was also formed with the passage of the new 1% sales tax and would receive 12.5% of the new tax for the construction and expansion of public trails within the Estes Valley planning area. The fund would be used to complete the trail along MacGregor Avenue as outlined in the Street fund and would be capped at $250,000 in lieu of the Tabor refund concerns. Mayor Jirsa called for a recess at 11:15 a.m. and reconvened the meeting 11:30 a.m.  Parks – The division of Public Works is responsible for the maintenance, renovation and management of all Town-owned-park land and assists with the removal of snow. Projects and expenditures for 2017 would include the design and construction of the irrigation system and landscaping around the Visitor Center Transit Parking structure; installation of smart irrigation controllers and moisture sensors at the Visitor Center, Riverwalk and George Hix Riverside Plaza; and replace the 2006 flatbed pickup truck with a higher torque diesel truck for improved snow removal support. The division reduced the budget by cutting maintenance contracts for tree trimming and brick planter maintenance; reduced room and board reimbursement for America in Bloom judges with the private sector partners to cover the cost; and reduce the cost of noxious weed disposal program by 50%. OPEN SPACE The Open Space Fund reflects the Town’s portion of a one-quarter of 1% sales tax increase that was passed by Larimer County voters in 1996. $300,000 would be used for the MacGregor Avenue trail. $200,000 a year would be set aside for the next three years for future Fall River Trail construction to be used for the local match to a future grant. The trail construction has been estimated at $6 million to connect to the Park. The Town has requested EVRPD set aside the same funds for the local match. In 2017, Public Works would coordinate with Larimer County on construction of the Fish Creek trail flood repairs. CONSERVATION TRUST FUND This fund contains revenues from the State lottery and is used to fund bark beetle management and tree replacement for Arbor Day. COMMUNITY RECREATION CENTER FUND – (SPECIAL REVENUE FUND) The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The fund would receive 25% of the new sales tax increase, to be used for the construction of a Community Center by the EVRPD. The Town has begun remitting funds to EVRPD and would transfer $549,920 in 2017 for the construction of the Community Center. COMMUNITY REINVESTMENT The fund serves as the Town’s capital project fund for its governmental funds and receives funds from the General fund through sales tax revenues, grant funds and Tabor excesses when applicable. Major expenditures for 2017 would include Community Drive engineering design, completion of Moraine Avenue bridge, parking lot repairs, downtown parking plan, Event Center COPs debit service and Visitor Center Transit Parking structure debit service. 20 Town Board Budget Study Session – October 21, 2016 – Page 7 SUMMARY Finance Director Hudson provided a review of the proposed budget presented by the departments. He stated the staff has presented a balance budget for the General fund and anticipates a record year for sales tax collection. Several new positions have been requested, including a Grant Specialist, three additional CSOs, an additional dispatcher, a Plans Examiner, Parks Municipal Service Worker, increases to Senior Center Coordinators of 4 hours per week, Light and Power Document Technician, convert grant funded Utilities Project Manager to full time staff and increase Water Administrative Assistant to full time. The General fund ending fund balance has been estimated at 27% with the proposed budget. Service level proposals were presented for a Town wide document management system, increase in Special Events advertising budget, improved footing material for the main Event Complex arena, and additional Park-n- Ride express shuttle service. DISCUSSION Mayor Jirsa stated the Board must consider each item to determine if the items meet Board policies, does the budget meet the Board’s ends, strategic plan and goals established by the Board. Administrator Lancaster cautioned the Board the 5% increase in sales tax has been estimated and may not be realized. He reminded the Board the budget could be adopted, reviewed in 2017 as sales tax revenues are received, and updated as the year progresses with items add at that time. Board discussion followed on what items should be added back into the budget. Trustee Norris stated a number of the nonprofit organizations assist the Town in being a premier mountain community such as those assisting with housing and childcare. He recommended the Partners Mentoring Youth be increased to $4,000, EVICS be funded at $25,000 and the Housing Authority at $40,000. Mayor Pro Tem Koenig suggested the Nonprofit Resource Center also be increase to $7,000. Trustee Holcomb recommended the funding of an additional dispatcher and Patrol Officer, reinstate $7,500 in Police training, and add back the last hour of shuttle service and an additional month of service in the fall. Trustee Walker stated the Arts and Education should be funded $1,000 for Boys and Girls Club, and the Band Program funded at $1,000; include the arena footing at $125,000; move EVICS from a Community Service grant to a line item in the Town budget annually. Trustee Holcomb stated disagreement with moving EVICS to a line item as the organization should not be provided preferential preference in the budgeting process. Trustee Martchink stated frustration with the Community Service grant process and would request staff review the process for 2018. He would support the increase in funding for EVICS and the Housing Authority, replacing the footing in the main arena, upgrade Street division radio system, and express shuttle service. Mayor Jirsa stated with the closure of Hwy 34 the Town sales tax collection could be impacted, therefore, funds available are unknown. He would recommend adding the dispatcher and the Police Patrol training to the 2017 budget, and suggested the Board take a wait and see approach to a number of the items once the Town has sales tax collection numbers for the next 4-5 months. This approach would allow the Board to make final decisions in February 2017 on what additional items should be added. Based on sales tax collection. Trustee Norris agreed and stated the Board should have items identified as add alternates; however, he would continue to support the additional grant funding for childcare and housing and the express shuttle service. Mayor Pro Tem Koenig purposed the Town consider funding the Gun Club for the use of the restroom facilities at the indoor gun range. Administrator Lancaster reviewed the items to add to the budget, including the Housing Authority - $15,000, EVICS - $7,000, Partners Mentoring Youth - $2,000, Nonprofit Resource Center - $3,000, Boys and Girls Club - $1,000, School Band - $1,000, dispatcher - $55,000 plus benefits, PD training - $7,500, Gun Club - $500 and Public Works Streets radio improvements - $6,000. All other items would be add-alternates to the budget. 21 Town Board Budget Study Session – October 21, 2016 – Page 8 The budget hearing notice has been published for November 8 and November 22, 2016. With two members unavailable on November 22nd, the Board agreed to hold the second and final meeting on December 13, 2016. There being no further business, Mayor Jirsa adjourned the meeting at 12:50 p.m. Jackie Williamson, Town Clerk 22 Town of Estes Park, Larimer County, Colorado, October 27, 2016 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 27th day of October, 2016. Committee: Chair Walker, Trustees Holcomb and Norris Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Directors Hinkle, Hunt, and Fortini, Manager Mitchell and Recording Secretary Beers Absent: None Chair Walker called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None CULTURAL SERVICES. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Report – Director Fortini provided highlights on his report stating the department was able to pursue the Historic Home Tour which was on hiatus after the 2013 flood. The event was originally a Museum event but was turned over to the Estes Park Museum Friends and Foundation, Inc., as a non-profit fundraiser, however, for various reasons the Friends group were not able to pursue the event. Due to its popularity, the division brought the event back and staffed the event capping attendance at 60 which sold out and had a 30 person wait list. The event earned a $2,000 profit this year and the division looks forward to bringing the event back next year. Different regions and historic structures, were identified working with the property owners/homeowners to help develop text and interpret the sites historically. Director Fortini stated the Museum has completed a transfer of artifacts concerning local history from the Estes Valley Library District which include some shelving units. The Library was able to provide 2 sets of artifacts in their local history archives which would allow the Museum to unbind and digitize 1 set while keeping the other set intact. Digitizing increases access and preserves the artifacts but does not replace the object. The Drawn to Black Canyon: The Beauty of MacGregor Ranch temporary exhibit would be closed on October 30th, which has been very successful. Trustee Holcomb questioned why programs have increased and attendance has gone down. Director Fortini stated there are a number of variables that determine attendance including choosing the right subject matter, topic, presentation, systematic selection of speakers and weather to name a few.  Collections and Research Facility Presentation – Director Fortini presented a presentation on the history of the Museum and its use of storage facilities which have been inadequate and put artifacts at risk. This led to a feasibility study in 2008 and a 2012 Master Plan with the Senior Center. The Museum has approximately 35,000 artifacts and continues to acquire items that are specifically unique to Estes Park. In the event that the Museum denies objects, efforts are made to find an appropriate place for the item. The Museum has deaccessioned 350 artifacts and has identified an additional 3,500 items for deaccession. With the Library’s collection, the Museum is now the number 1 repository for local history. The Museum averages 60 researchers who put in 120 hours and does not include staff use, which would increase with the addition of the Library collection. Director Fortini displayed renderings of a 3,000 sq. ft. conceptual design for a Museum and a new collections facility and space for growth. Director Fortini elaborated on the importance of the design and layout, stating that grant funding to build the facility would be dependent on how they serve the public. 2018 is the projected goal for 23 Community Development / Community Services – October 27, 2016 – Page 2 completion of the building if the Museum can secure two grants staff has identified. Director Fortini stated that the research facility would allow the Museum to obtain accreditation, by meeting minimum standards of excellence, which validates the work put in and allows the Museum to apply for grants. The Estes Park Museum Friends and Foundation, Inc., are committed to raising $1 million. After the kick-off event in September they have raised approximately $400,000. Trustee Norris questioned to what extent the Museum has shared the presentation with local and regional media. Director Fortini stated they have shared the presentation with their members to gain support and with the attendees of the fundraiser, with the intent to share the presentation with the community at some point.  New Museum Logo Presentation – The Museum sought a logo and tag line that would enhance branding efforts and create a unique identity. The Museum hired a professional designer to develop a brand story, logo and tagline which has been approved by Administration.  Centennial Celebration Verbal Update – Coordinators Johnson & Benes gave an update on the Centennial Celebration. Funds raised for the use of the logo on merchandise and donations would be used for restoration of the Knoll Willow open space. The Museum would apply for a grant to stabilize the Birch ruins to ensure the safety of the area. Supervisor Berg reviewed the trails and signage to improve the learning experience. Local businesses have shown interest in using the logo. Information would be located in the Knolls Willow parking lot in the form of a kiosk. Coordinator Benes stated the logo use and fees are modeled around the National Park’s centennial celebration. Visit Estes Park has been working closely with the Committee in developing the logo. COMMUNITY SERVICES. REPORTS.  Shuttle Update – Coordinator Wells presented a preview of an end of the year report. Ridership for the year has eclipsed 101,000 with the Red and Brown routes showing growth. He stated the average riders per day showed significant growth with 13,000 per day, and summer season ridership at 96,264. This equates to roughly 3 people per car and approximately 33,000 cars taken off the streets. Coordinator Wells stated there are two revenue opportunities, including an increase in shuttle map and schedule size to allow additional sponsorship and interior advertising within the buses. Coordinator Wells stated that exterior advertising is in progress and staff continues to investigate funding opportunities. The Centennial logo would be advertised in the shuttles during 2017. Coordinator Wells provided an informational flyer on the Rural Transportation Authority (RTA). The Committee agreed to discuss RTA further and would like more information about the program.  Visitor Center Update – Manager Salerno stated that 2016 was the busiest 3rd quarter with July-September visitor counts increasing by 19.05% over last year; this increase represent 41,500 more people, for a total of 259,349 visitors in the 3rd quarter. Bob Holcomb is the new President of the ambassadors for the Visitor Center. Manager Salerno stated the budget contains funds for a display behind the front counter of the Visitor Center to showcase events at the Events Center. The Visitor Services division updated their Mission Vision and Values.  Events Report – Coordinators Johnson & Benes gave an update on recent events. o Elkfest took place October 1st and 2nd which drew approximately 15,000 people. This year they sold their first presenting sponsorship which was held by EP News. o Vintage Market Days was held at the Events Center and has agreed to return in 2017 for two more of their events. The group highlights a non-profit organization at their events to increase awareness and funds for that group. o Mercedes Benz Showcase highlighted the use of the Events Center and provided spectacular marketing material for future use. 24 Community Development / Community Services – October 27, 2016 – Page 3 o Bond Park events were full for the summer. o The Catch the Glow parade is approaching and some non-profits in town are currently building their floats. o The Tree Lighting ceremony is on November 19th. o Winter Festival is January 14th and 15th and is the kick-off for the Centennial celebrations, hosting a mini museum, vendors, breweries and wineries. Coca-Cola would provide exposure in the form of bottle hangers for Winter Festival. Sales Report – Manager Lynch gave an update on events for the last 60 days, including resigning USA Gymnastics for 2017, Rails of the Rockies at the Pavilion, and the Bridal Expo at the Events Center. She provided an update on the IMEX America trade show stating it was a success with positive engagements with potential businesses. Trustee Norris questioned whether an invitation from the elected officials would help procure events, which Lynch responded yes and welcomed the offer. COMMUNITY DEVELOPMENT RECOMMENDATIONS TO THE TOWN BOARD. HARMONY FOUNDATION, INC. FEE WAIVER REQUEST. Planner Gonzales presented a fee waiver request for a variance and annexation application by Harmony Foundation. The foundation offers addiction/rehab services for the community which falls into the department’s non-profit organization providing low income health and human services per the fee waiver request policy. Planner Gonzales stated the lot is currently split in two different locations, half of the building is situated in the Town of Estes Park and the other half in the unincorporated Estes Valley. The applicant would annex the western portion into town limits. The variance application refers to the minimum lot size. The proposed development application would clean up the area, annex parcels, and provide legal lot size. There are two different property owners involved, however, Harmony Foundation has requested $3,225. Planner Gonzales stated the budget would not be significantly impacted and requested the item be placed on the consent agenda. The Committee recommended the Harmony Foundation Fee Waiver Request for Variance and Annexation Application, be included as a Consent Item on the agenda at the November 8, 2016 Town Board meeting. REPORTS.  Verbal Updates and Committee Questions – Director Hunt provided a verbal update on progress relevant to vacation home regulations, ADU’s and sign code revision. The Committee decided to hold any updates on the Hydrology Study progress for a later meeting. There being no further business, Chair Walker adjourned the meeting at 9:53 a.m. ___________________________ ___ Bunny Victoria Beers, Recording Secretary 25       26 To:Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From:Audem Gonzales, Planner II Date:November 8, 2016 RE:Harmony Foundation Fee Waiver Request Background: The Harmony Foundation is requesting a waiver of $3,225 in development application fees associated with review of a Variance and Annexation application. The Variance and Annexation are necessary to bring non-conforming lots, improvements, and structures closer into conformance with the Estes Valley Development Code. Annexation Application $2,500 Variance Application $725 Total $3,225 The attached letter from the Harmony Foundation further describes the request. The fee waiver policy adopted by Town Board is also attached. Since this request is in excess of $3,000, Town Board is the decision-making body. Budget: Approval of the request would decrease Community Development Department fee revenue. Overall, there will not be a significant impact to the General Fund. Recommendation: On October 27th, 2016 the Community Development/Community Services Committee recommended this request be included as a Consent Item at the November 8th Town Board meeting. Sample Motion: I move to approve/deny the requested fee waiver. Attachments: 1.Written request from the applicant’s representative 2.Community Development Fee Waiver Policy. Community Development Memo 27       28 29       30 31 32 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 4, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Smith, Moreau, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Recording Secretary Thompson Absent: Chair Lynch Vice-Chair Newsom called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes dated September 13, 2016. It was moved and seconded (Smith/Poggenpohl) to approve the minutes as presented and the motion passed 4-0 with one absent, and Member Moreau abstaining. 3. UNIT 1147, STONE BRIDGE ESTATES CONDOMINIUMS; 1147 FISH CREEK ROAD; WILSON RESIDENCE VARIANCE Planner Gonzales reviewed the staff report. The applicants, Charles and Nancy Wilson, requested a variance from EVDC Section 7.6.E.1.a(1), which requires all buildings and accessory structures be set back at least thirty (30) feet horizontally from the annual high- water mark of stream corridors, or if not readily discernible, from the defined bank of the stream. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. The request is to encroach into the existing 30-foot setback to allow construction of a new home. The defined bank of the stream will be changing with the redesign of Fish Creek, as shown in the Fish Creek Public Infrastructure Project. The distance from the property line to the riverbank will be more than 30 feet once the stream is redesigned. 33 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 October 4, 2016 Planner Gonzales stated approval of the variance would allow a setback of 10.7 feet from the current Fish Creek riverbank. He stated the former dwelling was destroyed in the 2013 flood, and the applicant desires to rebuild on the lot, moving the structure further east than the previous structure. The former dwelling was not in the river/stream setback at the time it was built. Following the flood, Fish Creek migrated to the east, which in turn shifted the setback to the east. The Fish Creek Public Infrastructure Project is scheduled for completion in September 2017. While the 90% design plan was provided in the meeting materials, the 100% design is now available, and no changes have been made at this location from the 90% plan. Planner Gonzales stated a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners and affected agencies. Comments were received from Environmental Planner Tina Kurtz and Upper Thompson Sanitation District. No public comments were received. Staff Findings 1. Special circumstances or conditions exist: Staff found the previous home located at 1147 Fish Creek Road was not built within the 30-foot stream corridor setback. During the flood event of 2013, Fish Creek shifted to the east, which also shifted the setback requirement. The shift was approximately 20-25 feet east. The footprint location for rebuilding the home at this address is now greatly affected by the newly established setback. Strict compliance with Code standards would prevent the home to be rebuilt at this address, even though the home is proposed to be built farther east than the previous home. The new creek alignment associated with the Fish Creek Road Public Infrastructure Project is proposed to be completed by September of 2017. This would eliminate the need for a setback Variance, as the setback will again shift westward towards the original Fish Creek alignment. Staff believes this Variance would be a “temporary Variance” as the encroachment would only take place until the new alignment is complete. The special circumstance found at this property is unique to the Estes Valley. The home lost during the 2013 flood was the only structure deemed a total loss. 2. In determining “practical difficulty”: a. Whether there can be any beneficial use of the property without the variance; Staff found building the same size of home as the previous one outside of the current stream corridor setback would not be practical. It would involve eliminating the driveway. The post-flood creek alignment reduces the buildable 34 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 October 4, 2016 area by approximately 20-25 feet. The applicant has proposed moving the structure farther east than the previous building. b. Whether the variance is substantial; Staff found the variance is substantial in that it would allow a building to encroach up to 80% into the setback. Since the setback is deemed temporary, Staff does not feel the request is substantial in developmental impacts. The applicant has proposed flood mitigation efforts such as; designing the basement floor to be 1-foot above the Base Flood Elevation level as well as sinking the west foundation wall into the bedrock and other basement foundation walls being placed on piers. The footprint of the proposed home is within the current FEMA floodplain boundaries and will require a floodplain development permit prior to issuance of a building permit. It is uncertain whether the building will be within the remapped 100-year floodplain, which will not be finalized until 2017. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance: Staff found the character of the neighborhood would not be substantially altered with this proposal. The previous home was built farther west from this proposal. This Variance would allow the home to be rebuilt on the property at the requested location. The adjacent property to the south is currently within the 30- foot setback as well. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Staff found approval would not have any effect on public services such as water and sewer. e. Whether the applicant purchased the property with knowledge of the requirement; Staff found the home was built in 2011 and was located entirely outside of the 30-foot stream corridor setback. Post-flood, the setback shifted and created a more difficult site to build on. The owner could not have foreseen this situation taking place. f. Whether the applicant’s predicament can be mitigated through some method other than a variance; Staff found building the exact home footprint outside of the current setback is not possible without a Variance. The driveway would need to be eliminated and the home would not be consistent with the neighborhood. A Variance is the only method available to mitigate this predicament. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant’s property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 35 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 October 4, 2016 Staff found conditions of this application are not general to the Estes Valley. They are very specific to this property, size, and orientation. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. A setback variance would be the least deviation from Code to allow the addition to continue to be located at this site. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions that will, in its independent judgement, secure substantially the objectives of the standard so varied or modified. Staff had no recommended conditions of approval. Planner Gonzales stated staff recommended approval, with no conditions. Staff and Member Discussion Member Poggenpohl inquired as to whether there may be room to move the dwelling even further to the east. Planner Gonzales stated if the dwelling was moved further east, the driveway would not be code compliant, and the project would be inconsistent with other homes in the neighborhood. Member Moreau inquired if the Town would be liable if the Board approved the variance, the home was built, and a future flood washed away the home again. Planner Gonzales stated an approved floodplain permit would be required prior to the issuance of a building permit; therefore, the property owner would be responsible for any damages caused by future flooding. Public Comment Mike Olson/applicant has been working with the property owners for approximately a year and a half trying to design the home and stay out of the setback. The homeowners are anxious to rebuild. He has met with structural engineers to design the piers to withstand any future flooding. 36 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 October 4, 2016 Barbara May/HOA President for Stone Bridge stated the neighbors received the notice, and all are supportive of the variance request. Public comment closed. Staff and Member Discussion Member Poggenpohl stated he was interested in being able to help anyone that was directly affected by the 2013 flood. Conditions of Approval None. It was moved and seconded (Moreau/Smith) to approve the variance request with the findings recommended by staff and the motion passed 4-0 with Member Lynch absent. 4. REPORTS A. Director Hunt reported Member Poggenpohl expressed an interest in training for Board of Adjustment members, or Board membership in general. He is looking into the options and will get information to the Members soon. He stated staff could also benefit from additional training. He is aware of an on-site training by the Department of Local Affairs (DOLA), and if Estes Park were chosen as a training site, other localities would be invited. B. Director Hunt reported Planner Gonzales was promoted from Planner I to Planner II. The department will move forward with hiring someone for the Planner I position once the 2017 budget is approved and adopted. There being no other business before the Board, the meeting was adjourned at 9:19 a.m. ___________________________________ John Lynch, Chair __________________________________ Karen Thompson, Recording Secretary 37 38 39 40 To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: November 3, 2016 RE: Liquor Licensing: Transfer of Ownership from Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT, to Cadeso LLC dba THE OTHER SIDE RESTAURANT, 900 Moraine Avenue, Hotel & Restaurant Liquor License. Objective: Transfer an existing liquor license located at 900 Moraine Avenue to the applicant, Cadeso LLC. Present Situation: A Hotel and Restaurant Liquor License is currently held at the location referenced above by Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT. The applicant is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on September 30, 2016. A temporary permit was issued on October 1, 2016. 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 has submitted all necessary paperwork and fees. The owner and manager have been TIPS trained in the past and have completed a refresher class. During a recent compliance check on October 14, 2016, a shift manager and staff member failed to check the ID during the check and served an underage operative. The shift manager was a staff member of the previous owner and has continued on with the new owners. The shift manager has the opportunity to go through the Restorative Justice process in lieu of the District Court system. In order to move the State Investigation process forward, the State has requested the Town take action on the transfer prior to discussion with the new licensee on a possible stipulation agreement. The new owner has been in contact with the State and has communicated their willingness to enter into a stipulation agreement in lieu of serving time without an active liquor license. During the initial discussions with the new owner, the Town Clerk staff stressed the need to develop liquor policies. At the date of this memo the policies have not been delivered to the Clerk’s office; however, the owner has stated they are in process. Town Clerk’s Office Memo 41 Proposal: Town Board review and consideration of the application to transfer the existing license to Cadeso LLC dba THE OTHER SIDE RESTAURANT. Advantages: The transfer of the license provides the business owner with the opportunity to continue operating an existing, liquor-licensed establishment without an interruption of service to its clientele. Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business. Action Recommended: Approval to transfer the existing Hotel and Restaurant Liquor License to Cadeso LLC. Budget: The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License transfer is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Hotel and Restaurant Liquor License is $869 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor License filed by Cadeso LLC., dba THE OTHER SIDE RESTAURANT. Attachments Procedures Liquor Application PD Report 42 April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: The application was filed September 30, 2016 . The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability . There is a police report with regard to the investigation of the applicants. Status of T.I.P.S. Training: Unscheduled Completed X Pending Confirmation MOTION: I move the Transfer Application filed by Cadeso LLC doing business as The Other Side Restaurant for a Hotel and Restaurant License be approved/denied. 43       44 45 46 47 48 49 50 51 52 53       54 TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Frank Lancaster, Town Administrator Date: 11/8/2016 RE: Public Hearing – 2017 Budget – final changes Objective: Receive final direction from the Board regarding budget changes discussed by the Trustees during the budget meetings in October Present Situation: Staff presented a recommended balanced budget to the Board during two budget meetings in the month of October. At the end of the last meeting, the Board discussed a number of items for possible inclusion in the 2017 budget. Staff has asked the Trustees to review those suggestions and to prioritize the list of potential changes. Proposal: Staff will present the combined prioritized list of budget changes and the cumulative impact of the changes on the overall budget and the impact on the ending General Fund balance. The cumulative impact of the proposed changes will be presented in a spreadsheet form so the Board can direct staff how deep into the suggested change list staff should go including the items in the final 2017 Budget, Advantages:  Board will prioritize the Town spending  Provides staff direction to prepare a proposed budget acceptable to the majority of the Board  Balances needs and priorities with the available resources to address the strategic objectives, goals and outcomes adopted by the Board of Trustees. Disadvantages:  None Action Recommended: Compete a final prioritization of budget changes to be included in the final 2017 budget for adoption in December. Level of Public Interest Moderate 55 Sample Motion: No formal action required. Providing staff direction only. 56 TOWN OF ESTES PARKLISTING OF 2017 PROPOSED GENERAL FUND BUDGET CHANGES FOR CONSIDERATIONProjected sales tax growth517434782Fund Balance Floor (23%)4,010,000.00             17,434,782.61                                         Board PrioritiyDeptDescription of changeCurrent Amount in BudgetRevised Funding AmountAmount Increase (Decrease)Projected Fund BalanceProjected Fund Balance %NAProjected Fund Balance prior to changes4,484,480.00            25.7%0ITAV for Study session full live broadcast (not in survey)                          ‐                  16,200.00 1,500.00             4,482,980.00            25.7%Total project over x years is $300K1 Police1 Additional dispatcher ‐ includes benefits                          ‐                  65,000.00 65,000.00          4,417,980.00            25.3%2 StreetsRestore equipment rental to clean storm drains                          ‐                  16,900.00 16,900.00          4,401,080.00            25.2%3 PoliceRestore police training           26,640.00                34,140.00 7,500.00             4,393,580.00            25.2%4 Admin ServicesDocument Management Software and Equipment                          ‐                165,554.00 165,554.00        4,228,026.00            24.3%5 Comm Serv GrantsHousing Authority           25,000.00                40,000.00 15,000.00          4,213,026.00            24.2%0 3,834,480.00                                         6 Comm. ServicesPark‐n‐Ride Express Shuttle between Event Center, Visitor Center, Bond Park                           ‐                   29,000.00 29,000.00            4,184,026.00             24.0%13,964,480.00                                           7 StreetsComplete radio conversion from VHF to 800 Mhz ‐ without it, dispatch must relay communication from snow plows                           ‐                      8,000.00 8,000.00               4,176,026.00             24.0%24,094,480.00                                           8 Comm Serv GrantsEvics           18,000.00                25,000.00 7,000.00             4,169,026.00            23.9%3 4,224,480.00                                         9 Comm ServicesAdditional footing material for Event Center arena                          ‐                125,000.00 125,000.00        4,044,026.00            23.2%4 4,354,480.00                                         10 Comm ServicesIncrease Advertising/Promotional Budget* (reduced 10K from original request)            45,406.00                 55,702.00 10,296.00            4,033,730.00             23.1%54,484,480.00                                           11 StreetsRestore asphalt patching for parking lot repairs630008800025000400873023.0%6 4,614,480.00                                         12 Comm ServicesExtend current shuttle service by one month                          ‐                121,000.00 121,000.00        3,887,730.00            22.3% 7 4,744,480.00                                         13 StreetsRestore 30 day equipment rental to crush reclaimed asphalt pavement                           ‐                   12,000.00 12,000.00             3,875,730.00             22.2%84,874,480.00                                           14 Comm Serv GrantsGun Club                          ‐                        500.00 500.00                 3,875,230.00            22.2% 9 5,004,480.00                                         15 Police1 Additional police officer ‐ includes benefits and vehjcle                           ‐                 136,000.00 136,000.00          3,739,230.00             21.4%105,134,480.00                                           16 Comm Serv GrantsEP Nonprofit Resource Center              4,000.00                   7,000.00 3,000.00             3,736,230.00            21.4%17 StreetsRestore Asphalt Paving Conference and Snow & Ice Conference to training budget               3,000.00                    5,850.00 2,850.00               3,733,380.00             21.4%18 Comm Serv GrantsPartners Mentoring Youth               2,000.00                   4,000.00 2,000.00             3,731,380.00            21.4%19 Mayor's contingency rFunding for misc request previously in Mayor's Contingency (Plein Air, Duck Race, National Philanthropy Day, Running of the Bulls, Art Center Competition, Senior Pro Rodeo                           ‐                      5,500.00 5,500.00               3,725,880.00             21.4%20 Comm Serv GrantsEP School District Band Program                          ‐                     1,000.00 1,000.00             3,724,880.00            21.4%21 Comm Serv GrantsBallet Renaissance                          ‐                     1,000.00 1,000.00             3,723,880.00            21.4%Police2 Additional dispatcher ‐ includes benefits                          ‐                  65,000.00 65,000.00           3,658,880.00            21.0%ITAudio only study sessions rebroadcast ‐ $600                          ‐                        600.00 600.00                 3,658,280.00            21.0%ITAV for Study Session ‐rebroadcast only $1,500                          ‐                     1,500.00 1,500.00             3,656,780.00            21.0%ITAudio only study sessions live ‐ $6500                          ‐                     6,500.00 6,500.00             3,650,280.00            20.9%57       58 Town Attorney Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Kevin Ash, Civil Engineer Date: November 2, 2016 RE: Resolution No. 21-16 – A Resolution Authorizing Initiation of Water Rights – Carriage Hills Ponds 1 and 2 Objective: Consider, and if appropriate, adopt Resolution No. 21-16 which addresses the following: 1. The intent of the Town to appropriate the new water right and exchange; and 2. Authorize the filing of the attached Application for Water Right, Change of Water Rights, and Plan for Augmentation of the Town of Estes Park. Present Situation: In September 2013, the Town owned Carriage Hills Ponds 1 and 2 (Scott Ponds), were damaged by flooding. The Town has begun the process of the repair and reconstruction of the ponds. In order for the Town to be able to fill and maintain the water level in the reconstructed ponds, it is necessary to file the water court application attached to the Resolution. The application includes four components: changing a portion of the Pond 2 water right into Pond 1; adding a new enlargement water right for the additional capacity of Pond 1; a plan for augmentation to replace evaporation and periodic refill with Windy Gap water or wastewater; and an exchange of the Windy Gap water or wastewater up to the ponds. The end result should be to have the old rights for the ponds, which total 7.26 acre feet, redistributed to fully cover Pond 2 and cover Pond 1 to the extent of the right, add a new water right for the additional capacity of Pond 1, and to use the plan for augmentation and the exchange to keep the ponds continuously full. Also, the adoption of the Resolution establishes the intent to obtain a new water right and exchange and file the necessary plan for augmentation. Advantages: Approval of the water court application allows the Town to fill and maintain the water level in the ponds following reconstruction of the ponds. Disadvantages: None. 59 Action Recommended: Adopt Resolution No. 21-16. Budget: The Town has received a CBDG-DR grant in the amount of $133,000 for the obtaining of approval through the Water Court for the necessary change in water rights and approval of the Augmentation Plan including $25,000 for engineering and $108,000 for water acquisition and legal fees. Revenues from this grant were appropriated in the 2016 Budget. Level of Public Interest High. There has been substantial public interest in the reconstruction of the ponds and the ability to use the ponds for recreation following reconstruction. Sample Motion: I move to approve/not approve Resolution No. 21-16. 60 RESOLUTION NO. 21-16 RESOLUTION AUTHORIZING INITIATION OF WATER RIGHTS WHEREAS, the Town of Estes Park owns the Carriage Hills Ponds 1 and 2, which are important recreational amenities used by residents of the town and others for recreation, including fishing, boating, ice skating, and other recreational uses; and WHEREAS, the ponds were damaged by catastrophic floods in September 2013, and the Town of Estes Park has undertaken repair and reconstruction of the ponds; and WHEREAS, certain adjustments to the ponds’ water rights are appropriate following reconstruction, as well as additional rights, including an enlargement storage right, a plan for augmentation, and an exchange, to secure the ability to maintain the ponds full for beneficial recreational uses; and WHEREAS, the Board of Trustees has been fully advised in the matter, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Town of Estes Park intends to appropriate water rights and a right of exchange for the Carriage Hills Ponds substantially as described in the attached application, labeled “October 24, 2016 Draft.” 2. Staff and the town’s attorneys and consulting engineers are authorized to file the attached application and to take necessary action to secure a decree from the District Court, Water Division 1 confirming the water right, changes of water rights, plan for augmentation, and exchange substantially in the form requested, or as reasonably modified in order to obtain such decree, and to take such other action as is appropriate to confirm water rights to maintain the Carriage Hills Ponds for continuing recreational use. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this ___ day of November, 2016. TOWN OF ESTES PARK, COLORADO _____________________________ Mayor ATTEST: __________________________ Town Clerk 61       62 Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Randy Hunt, Community Development Director Tina Kurtz, Environmental Planner / Floodplain Administrator Date: November 8, 2016 RE: ORDINANCE #23-16 EXTENDING INTERIM FLOODPLAIN REGULATIONS Objective: Extend and amend interim floodplain regulations adopted in November 2013 for an additional approx. 6 months. The consideration of Ordinance 23-16, continuing the temporary building requirements for development on lots adjacent to drainages established in Ordinance 13-13, adopted by the Board on November 12, 2013. This is the continuance of an interim measure, pending new hydrology and hydraulics information. Present Situation: Ordinance 13-13 was adopted by the Town Board on November 12, 2013. This ordinance replaced emergency provisions that were put in place immediately following the September 2013 flood that had limited permanent construction adjacent to drainages. Ordinance 13-13 was adopted as an interim measure to establish the high-water mark of the 2013 flood as the regulatory floodplain pending revision to the Flood Insurance Rate Maps. The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by the Town of Estes Park Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual chance of flooding). In many areas the study and maps are no longer accurate and cannot be relied on to protect life and property. Ordinance 13-13 provides regulations for the permanent construction adjacent to drainages affected by the September 2013 flood. These regulations establish building permit submittal requirements such as a FEMA Elevation Certificate and high water marks from the flood. These regulations also require that construction be built a minimum of one vertical foot above the flood of record. Ordinance 13-13 provides regulations for the permanent construction adjacent to drainages affected by the September 2013 flood. These regulations establish building permit submittal requirements such as a FEMA Elevation Certificate and high water marks from the flood. These regulations also require that construction be built a minimum of one vertical foot above the flood of record. COMMUNITY DEVELOPMENT 63 Ordinance 15-15, adopted by the Town Board on October 27, 2015, continued the provisions of Ordinance 16-14, and included revising the term "Building Permit" to "Floodplain Development Permit" in Exhibit A. Ordinance 15-15 is set to expire on November 11, 2016. Proposal: Ordinance 23-16 allows for permanent construction in areas affected by the 2013 flood, while taking appropriate measures to reasonably protect lives and properties from flooding and minimize potential non-compliance with FEMA regulations (namely, updated floodplain maps). The Ordinance further ensures that staff have all necessary information when reviewing building and floodplain permit applications. Ordinance 23-16 provides criteria for reviewing floodplain development permit applications for structures on properties located adjacent to drainages. Ordinance 23-16 will replace Ordinance 15-15. Effective Period If passed, this ordinance will take effect immediately upon adoption by the Town Board and continue until May 31, 2017. An exact six-month extension would make the new expiration date May 11, 2017; however, as a general rule of ordinance construction, expiration dates that fall in the middle of a calendar month are harder to track and just plain weird (a technical term). Therefore, staff recommends rounding the date off to the last day of May. New hydrology and hydraulics studies will be completed during the first quarter of 2017 and are expected to be adopted by the Colorado Water Conservation Board and provided to FEMA during the first quarter of 2017. Advantages: • Allows for continued for new construction in areas affected by recent flooding. • Lives and properties are better protected from future flood events and more likely to be in compliance with future floodplain maps. • Consistent with management practices suggested by FEMA. • Increases likelihood that FEMA Public Assistance and the Federal Highways Administration will fund public infrastructure improvements (e.g. bridge and culvert replacements) designed for post-flood design flows. For example, instead of rebuilding a bridge to accommodate 400 cfs it could be rebuilt to accommodate 900 cfs. Disadvantages: • Additional floodplain development permit submittal requirements for some customers. • High water marks not fully mapped. Action Recommended: Staff recommends adoption of Ordinance 23-16. 64 Budget: N/A Level of Public Interest Interest in overall floodplain regulations in the community: High. Interest in this specific extension: Low. Sample Motion: I move to adopt/deny Ordinance Number 23-16 to extend temporary floodplain development requirements for development on lots adjacent to drainages. Attachments: 1. Ordinance 23-16 Exhibit A Other References: 1. Memo from October 28, 2014 Town Board Meeting 2. Memo from November 12, 2013 Town Board meeting 3. Colorado Water Conservation Board FAQs 65       66 ORDINANCE NO. 23-16 AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, EXTENDING INTERIM REQUIREMENTS FOR DEVELOPMENT ADJACENT TO DRAINAGES. WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may exist and to ensure that potential buyers and builders are aware that certain properties are in areas with special flood hazards; and WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood event; and WHEREAS, on November 12, 2013, the Town of Estes Park enacted temporary requirements for development on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and WHEREAS, the temporary requirements enacted on November 12, 2013, will expire on November 11, 2016; and WHEREAS, due to the September 2013 flood event, the Town does not know the final location of stream/river channels or banks; the final location of floodplains; and final base flood elevations; and WHEREAS, the Town wants to ensure compliance with FEMA regulations to ensure businesses and residents are eligible to purchase flood insurance; and WHEREAS, the Town recognizes that property owners may wish to initiate, continue, and complete construction adjacent to stream/river channels; and WHEREAS, the Board of Trustees hereby determines that it is in the public interest to adopt this Ordinance in order to adopt floodplain standards for properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River or the Big Thompson River drainages. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. Temporary floodplain standards and regulations for properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River and/or the Big Thompson River drainages is hereby established, as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. 67 Section 2. The temporary floodplain standards and regulations set forth in Exhibit A shall take effect upon the effective date of this Ordinance and continue until May 31, 2017, unless amended, extended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of health, safety and welfare of the citizens of the Town in order to prevent unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, this _________ day of_______________, 2016. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the 8th day of November, 2016, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2016. Jackie Williamson, Town Clerk 68 EXHIBIT A Flood Protection Elevation In order to account for the impacts of future development on flood depths and to ensure the least expensive insurance rate for property owners, all new structures, substantial changes and additions on properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River and/or the Big Thompson River drainages shall be built a minimum of one vertical foot above the flood of record. The flood of record shall be measured from the high water marks from the September 2013 flood event, as minimum elevation regardless of the current regulatory flood location. When the high water mark and FEMA regulatory floodplain are inconsistent with one another, the more restrictive shall govern. To administer the floodplain regulations, the Town floodplain administrator is authorized to use best available data, including, but not limited to revised/increased peak discharge flows for the 1% annual chance flood. At the present, these numbers are 990 cubic feet per second (cfs) for Fish Creek and 1670 cfs for Fall River. These flows are approximately 250% of pre-flood flows. Floodplain Development Permit Submittal Requirements Minimum requirements for Floodplain Development Permit application submissions are as follows: i. Site plan shall include: a. Current Regulatory Floodplain. Location of the current regulatory floodplain, including elevation points adjacent to proposed development and distance to proposed development; and b. High Water Marks and Lines. High water mark and line locations from the September 2013 flood event, including elevation points adjacent to proposed development, and distance from marks and lines to the proposed development. ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form 086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or subsequent revisions, shall be submitted for each structure within a proposed development, taken from the regulatory floodplain. iii. A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and/or the high water mark from the flood of record. Project designs within the regulatory 69 floodplain shall be certified and sealed by the Colorado registered professional engineer of record. iv. Measurements shall be taken in accordance with Estes Valley Development Code §1.9.D.2. v. The location of fill material to be imported to the site and confirmation from a qualified expert that the engineering characteristics of the fill are appropriate for development. vi. The location where material being exported from the site will be deposited. The land owner or agent accepting the deposit must be identified and approval confirmed by staff. vii. Identification of all structures on, or adjacent to the site that may be affected by grading and development, and presentation of detailed mitigation measures to reduce any negative impact to existing structures during development. viii. Staff may waive submittal requirements depending on the amount of information necessary to perform a complete and reasonable review of the development. 70 Downtown Plan Appointment and Interview Team Town Clerk Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: November 8, 2016 RE: Downtown Plan Steering Committee Reappointments: Nov. 2016 – Dec. 2017 Objective: To reappoint ten (10) current members to the Downtown Plan Steering Committee for the remainder of the Plan’s preparation time schedule. Present Situation: The Downtown Plan Steering Committee was formed with the passage of Resolution #16-15 by the Town Board at the October 13, 2015 meeting. The committee originally consisted of eleven (11) committee members, appointed by the Town Board for approximately 9 months. Delays in the Plan due to transitions among staff and the consultants have extended the timeline for the DPSC’s work through December 31, 2017. Proposal: The following individuals, all of whom serve on the current DPSC, are proposed for reappointment to the committee: Tom Dority, Kimberly Campbell, Holly Moore, Ginny McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer and Ron Wilcocks. To the best of staff’s knowledge, all of these 10 members wish to continue service on the DPSC. Advantages:  To reappoint qualified individuals to the committee to move the Downtown Plan process forward. Disadvantages:  None. Action Recommended: Reappointment of Tom Dority, Kimberly Campbell, Holly Moore, Ginny McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer and Ron Wilcocks to the Downtown Plan Steering Committee, effective upon approval and continuing through December 31, 2017. 71 Downtown Plan Steering Committee Appointment Budget: None. Level of Public Interest Moderate for the general population and high for those directly affected by the outcome of the plan. Sample Motion: I move to approve/deny the appointments of Tom Dority, Kimberly Campbell, Holly Moore, Ginny McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer and Ron Wilcocks to the Downtown Plan Steering Committee, effective upon approval and continuing through December 31, 2017. 72 Local Marketing District Appointment Town Clerk Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: November 8, 2016 RE: Local Marketing District Board Appointment Objective: To appoint a new Board member to the Local Marketing District Board to fill the position currently held by Scott Webermeier who is term limited. Present Situation: Mr. Webermeier’s term is due to expire on December 31, 2016. The Board position was posted in the local paper and the Town’s website. Five applications were received by the close date. The interview team consisting of Trustee Martchink and Trustee Walker conducted interviews on October 25, 2016. Also in attendance were LMD Board Member Scott Webermeier. Proposal: The interview team recommends the appointment of Charley Dickey to complete a four- year term beginning January 1, 2017 and ending December 31, 2020. Charley Dickey has lived in Estes Park for seven years, co-owner of Rustic Mountain Charm, owner of P & L Business Consulting, is a board member of the Estes Valley Partners for Commerce, Downtown Business Partners, and Trail Gazette Editorial Board, and committee member for America in Bloom, Shuttle Committee, Paint Estes Pink and several advisory committees. Mr. Dickey also has an extensive background in business with 28 years of entrepreneurial business experience and consulting. Advantages: The position would be filled by Mr. Dickey who represents the business segment of the community. The position being vacated has been held by a restaurant and grocery store owner for the past 8 years. Disadvantages: If the appointment is not made, the position would remain vacant until the position can be re-advertised and interviews conducted. 73 Local Marketing District Appointment Action Recommended: Appoint Charley Dickey to the Local Marketing District for a 4-year term beginning January 1, 2017 - December 31, 2020. Budget: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Charley Dickey to the Local Marketing District for a 4-year term beginning January 1, 2017 – December 31, 2020. 74 Town Attorney Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: November 3, 2016 RE: Conference Center Concession Agreement Objective: Review, and if appropriate, approve the Conference Center Concession Agreement between the Town of Estes Park (the “Town”) and DNC Parks & Resorts At Rocky Mountain Park Inn, Inc. (“Rocky”). Present Situation: In November of 1989, the Town entered into a Ground Lease with Rex Maughan, the owner of the Holiday Inn property, to allow the construction and operation of the Estes Park Conference Center. In 1990, the Town assigned its interest in the Ground Lease to the Estes Park Urban Renewal Authority (“EPURA”) for the purpose of financing the construction of the Conference Center. The Conference Center was constructed using funds from exempt financing through EPURA. The tax increment bonds were paid in full in 2008. EPURA assigned all of its interest in the Ground Lease back to the Town effective July 26, 2010, which was the date EPURA was abolished. Following construction of the Conference Center, the Town and Maughan entered into the Service Agreement and the Food and Beverage Concession Agreement. Pursuant to these agreements, the Holiday Inn was responsible for providing services for the operation and food and beverage concessions for the Conference Center. The Town was required to provide marketing services for the Conference Center. Those agreements have been renewed over the years with the last renewal being effective January 1, 2011. The initial terms of the current Food and Beverage Concession and Service Agreements expire on December 31, 2016. Following expiration of the initial term, the term of the agreements are on an annual basis subject to termination by the Town upon sixty (60) days written notice prior to the end of the appropriate calendar year. Rocky is the purchaser of the Rocky Mountain Inn property and intends to close its purchase of the property in mid-November, 2016. As part of its acquisition of the property, Rocky has requested that the Town enter into the new Conference Center Concession Agreement (the “New Agreement”) which combines the current service and food and beverage agreements. The New Agreement contains the following: 75  The terms of the New Agreement are substantially the same as the current Service and Food & Beverage Concession Agreements.  The term of the New Agreement is extended to cover the remaining term of the Ground Lease Agreement including the renewal option of the Town.  The New Agreement is revenue neutral in that the Town is paid the same yearly amount by Rocky for the exclusive food and beverage concession for the Conference Center as the yearly payment of the Town for the Ground Lease.  The New Agreement is updated with regard to insurance coverage and the current marketing activities of the Town for the Conference Center. Rocky has indicated that following purchase of Rocky Mountain Inn property, it will make considerable upgrades to the property. The approval of the new Agreement will facilitate the acquisition of the Rocky Mountain Inn property by Rocky and renovation of the property which may lead to improvement in the use and operation of the Conference Center. Proposal: The approval of the Conference Center Concession Agreement by the Town Board will allow Rocky to close its purchase of the Rocky Mountain Inn property and move forward with the renovation of the property. Advantages: Continues the current relationship between the Town and the owner of the Rocky Mountain Inn for operations of the Conference Center. The purchase of the Rocky Mountain Park Inn property by Rocky will enable the new owner to renovate the property. Disadvantages: The New Agreement removes the current ability of the Town to terminate the current agreements on an annual basis. Action Recommended: Approve the Conference Center Concession Agreement. Budget: There are no budget implications for the approval of the Conference Center Concession Agreement. The Town’s obligation to provide marketing assistance for the Conference Center is limited to its current marketing efforts for the Estes Park Events Complex. Level of Public Interest Low. The approval of this Agreement is between the Town and the new owner of the Rocky Mountain Inn property and has not received any public comment. Sample Motion: I move to approve/not approve the Conference Center Concession Agreement between the Town of Estes Park and DNC Parks & Resorts At Rocky Mountain Park Inn, Inc. 76   Draft #2, 11/04/2016  DN 136758-3  CONFERENCE CENTER CONCESSION AGREEMENT THIS CONFERENCE CENTER CONCESSION AGREEMENT (the “Agreement”) is effective the ___ day of November, 2016, by and between the TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation (the “Town”), and DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC., a Delaware corporation (“Rocky”). WHEREAS, Rocky, by assignment, is the landlord and the Town is the tenant pursuant to the terms and conditions of the Ground Lease Agreement dated November 15, 1989 and all amendments thereto (the “Ground Lease”). WHEREAS, the Town has arranged for the design, financing, construction and operation of the Estes Park Conference Center (the “Conference Center”) on the real property that is the subject of the Ground Lease; and WHEREAS, the Town and Rocky desire for Rocky to provide services to the Conference Center under the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE RECIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. The term of this Agreement shall be from the effective date hereof to the later of: (a) November 14, 2019 or (b) the termination of the Ground Lease, subject to the provisions of Paragraph 27 of this Agreement. 2. Services to be Performed by Rocky. During the term of this Agreement, Rocky shall perform the following services for the operation of the Conference Center. These services are as follows: a. Rocky shall provide all necessary food and beverage services, including liquor service, to the Conference Center. Rocky shall be entitled to charge the participants at the Conference Center for these food and beverage services in accordance with the provisions of Paragraph 4 of this Agreement. b. Rocky shall provide all inventory necessary for use in the Conference Center for food and beverage service. Inventory shall include, but not be limited to the following: china, silverware, glassware, trays, tray stands, linens, portable bars, service carts, warming and refrigerating carts, ash trays, bread baskets and condiment dishes. Rocky shall continue to maintain the amount of inventory necessary to fulfill the obligations of this Agreement. 77 DN 136758-3 c.Rocky shall provide all necessary licenses and permits for operation of the food and beverage concession at the Conference Center, such as liquor licenses, sales tax licenses and business licenses. d.Rocky will provide all necessary housekeeping for the Conference Center. These services shall include, but are not limited to, cleaning of the Conference Center, janitorial services and trash removal. Janitorial services include, but are not limited to, periodic carpet cleaning, periodic window washing, replacement of all restroom supplies, replacement of light bulbs, and periodic cleaning of furnishings and light fixtures. e.Rocky shall perform all routine preventative repair and maintenance on the Conference Center due to normal wear and tear associated with the usage of the Conference Center. Said repair and maintenance shall include, but are not limited to, repairing and maintaining all of the various mechanical systems such as heating, air conditioning, audio-visual systems, water and sewer services, and the repair of minor damage to the Conference Center caused by normal usage. f.Rocky shall remove all snow and ice from the Conference Center walks, drives, patios, and parking areas. g.Rocky shall provide upkeep for all landscaping on the entire Conference Center site, including maintenance, repair and winterization of all sprinkler systems servicing the site. Upkeep includes, but is not limited to, watering, weeding, fertilizing, trimming, mowing, mulching, aerating, and sweeping sidewalks, patios and drives. The Town shall annually replace all trees, shrubs and flowers that require replacement. h.Rocky shall provide registration, conference coordination services and banquet management services for the Conference Center. Said services shall include at least one (1) designated employee who will be at the Conference Center during all functions using the Conference Center. i.Rocky shall provide all normal and reasonable security for the Conference Center, excluding parking areas. Rocky shall be responsible for obtaining contract security at the request of any conference. 3.Periodic Review of Operations. The parties shall, on an ongoing and continuing basis as shall be reasonable and necessary, review the services provided pursuant to this Agreement. Such review shall include periodic written reports, guest-comment cards and meetings with Town Representatives. The Town shall be kept fully informed of all service activities and operations. 4.Food and Beverage Operations. Rocky shall provide facilities for food and beverage service to the Conference Center. In consideration of providing these food and 78 DN 136758-3 beverage services, Rocky shall receive exclusive rights to the food and beverage concessions of the Conference Center. Annually, on or before January 31st, Rocky shall present to the Town a proposed price for all food and beverage services for the next year. Rocky shall supply necessary financial information with the pricing for the Town to determine whether or not the cost of said service is reasonable in comparison with other food and beverage concessions servicing conference centers of similar size and activities located within Colorado. The Town shall give written approval to the proposed food and beverage cost on or before March 1st of each year of this Agreement. If said approval is not given by March 1st, Rocky’s proposed pricing shall be deemed approved. In the event Rocky determines it is necessary to increase or decrease the cost of food and beverage service during any year period, they shall provide the Town with the proposed changes, including all necessary financial documentation upon which said cost increase or decrease is based. The Town shall, as soon as possible, review said proposed changes to determine whether or not said changes are reasonable under the terms of this paragraph. 5.Conference Room Rental. Rocky shall determine a room rental price for use of the Conference Center. Annually, on or before January 31st, Rocky shall present to the Town a proposed price for all room rental fees for the next year. Rocky shall supply necessary financial information with the pricing for the Town to determine whether or not the cost of said room rental is reasonable in comparison with other room rental fees charged by conference centers of similar size and activities located within Colorado. The Town shall give written approval of the proposed room rental costs on or before March 1st. If said approval is not given by Rocky proposed pricing shall be deemed approved. In the event Rocky determines it is necessary to increase or decrease the room rental cost during any year period, they shall provide the Town with the proposed changes, including all necessary financial documentation upon which said cost increase or decrease is based. The Town shall, as soon as possible, review said proposed changes to determine whether or not said changes are reasonable under the terms of this paragraph. 6.Conference Promotion and Booking. The Town agrees that the Town’s Events Complex Marketing staff will, in conjunction with their marketing efforts for the Town of Estes Park Events Complex, also promote and market the Conference Center. The Town agrees that its employee shall coordinate Conference Center sales and bookings with Rocky sales staff. Rocky sales staff will make the final determination on all Conference Center sales and bookings. Bookings shall not be at a rate less than the conference room rental rate established pursuant to paragraph 5 and shall be on terms and conditions established by Rocky in its written rental agreement for the Conference Center, which rental agreement will be provided by Rocky from time to time and solely used by the Town. 7.Conference Center Personnel. It shall be the sole responsibility of the Rocky to provide the personnel necessary to fulfill its obligations pursuant to the terms of this Agreement. It is understood by the parties that there shall be no Town employees needed to provide food and beverage services for the Conference Center. 79 DN 136758-3 8.Major Repairs and Capital Improvements; Capital Improvements Budget. The Town shall be responsible for capital improvements and major repairs to the Conference Center and its systems. The Town shall consider adopting and appropriating, as part of its annual budget process, an annual capital improvements budget for capital improvements and repair and replacement of all necessary equipment, fixtures, landscaping, structural components, mechanical systems and furnishings of the Conference Center. Prior to the preparation of this capital improvements budget, the Town shall consult with Rocky on those items which need to be included in the town’s annual budget for the upcoming year. To the extent Rocky reasonably determines that a capital improvement or major repair is necessary to maintain the Conference Center in good working condition and the Town does not fund and make such capital improvement or major repair, Rocky may make such capital improvement or major repair and set off the amount of such work against any amounts due from Rocky to the Town pursuant to Paragraph 9 until such amount is paid in full. 9.Fees. In consideration of the granting to Rocky of the exclusive license for the food and beverage concession and other services for the Conference Center described herein, Rocky shall pay an annual fee in accordance with the schedule set forth on Exhibit A, attached hereto and incorporated herein by reference. Said fee shall be payable on or before December 1 of each year. Other than payment of the annual fee described in this paragraph, Rocky shall be entitled to all food, beverage and rental fees arising out of the operation of the Conference Center. For purpose of clarity, all revenues arising out of the operation of the Conference Center, whether originated by Rocky or the Town will be remitted to Rocky. 10.Accommodation Rights. It is the understanding of the parties hereto that Rocky will not have exclusive lodging rights for the Conference Center participants. All Conference Center participants shall be entitled to pursue accommodations of their own choice in the Estes Park area. However, the Town and Rocky agree to cooperate in the providing of accommodations at Rocky Mountain Park Inn subject to the above provision. Rocky also agrees that for events of the appropriate size, it will cooperate with the Town in providing facilities at a market rate for those events in which both Rocky and the Conference Center are needed to accommodate the number of participants. 11.Utilities. The Town shall be responsible for all utilities, such as electricity, gas, water, telephone and sewer used at the Conference Center. Rocky shall be responsible for all utilities used by Rocky at Rocky Mountain Park Inn. The parties agree to separately meter the utility service. 12.Termination. Either party shall have the option of terminating this Agreement in the event of a default hereunder. a.Default. The following shall, unless cured in accordance with Paragraph b below, constitute a default: 80 DN 136758-3 i.The filing of a voluntary petition for protection under federal bankruptcy laws, the failure to obtain dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; ii.A discontinuance by Rocky of its business or abandonment of its activities at the Conference Center. iii.A material breach by the other party of its duties and obligations under this Agreement. b.Cure. The defaulting party shall have thirty (30) days after written notice specifying the nature of its default to cure said default. c.Exercise of Termination Option. In the event of a default under Paragraph (a) (i) above, this Agreement shall terminate immediately upon delivery of written notice of election to terminate the Agreement. In the event of default under the other provisions of Paragraph a above, this Agreement shall terminate upon expiration of the cure period under Paragraph b. 13.Independent Contractor. Rocky is not an agent or employee of the Town hereunder, and all of its activities relating to the Conference Center shall be in its capacity as an independent contractor to the Town. 14.Indemnification by Rocky. Rocky agrees to indemnify, hold harmless and defend the Town and its officers, agents, insurers, self-insurance pool and employees from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney’s fees arising out of or resulting from Rocky’s intentional or negligent actions or omissions in providing the services for operation of the Conference Center under the terms and provisions of this Agreement. 15.Indemnification by the Town. To the extent lawfully allowed, the Town agrees to indemnify, hold harmless and defend Rocky, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney’s fees arising out of or resulting from any intentional or negligent act or omission of the Town with regard to its operation of the Conference Center under the terms and provisions of this Agreement. 16.Notice of Claims. The Town and Rocky will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 81 DN 136758-3 17.Insurance. The parties agree to obtain and maintain the insurance coverages set forth on Exhibit B attached hereto and incorporated herein by reference. 18.Covenant of Cooperation. Rocky agrees to provide to the Town prompt written notice of any injury suffered as a result of operation of the food and beverage concession at the Conference Center, significant complaints, whether written or otherwise, about the Conference Center or its management, and actual anticipated disputes with or claims by third parties. Rocky further covenants to cooperate with the Town in resolving any such complaints, disputes or claims. 19.Assignment. The rights and obligations under this Agreement are not assignable by either party without the prior written consent of the other party. However, no such written consent shall be required for transfer by Rocky of its assets to any corporation or partnership that is an affiliate of Rocky. 20.Parties’ Representatives. Whenever, under the provisions of this Agreement, the approval of the Town is required, or the Town is required to take some action at the request of the other, unless otherwise provided, such approval or such request shall be given for the Town by the Town’s Representative. Rocky shall be authorized to act on any such approval or request. The Town shall be authorized to act on any approval provided by Rocky’s Representative. The Parties agree to provide written notice to the other Party of their Representative on or before January 1st of each year during the term of this Agreement. 21.Notices. All notices, demands or other documents required or desired to be given, made or sent to either party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested, or by overnight express mail by a nationally recognized courier service as follows: TOWN OF ESTES PARK Town Administrator Post Office Box 1200 Estes Park, CO 80517 DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC. 250 Delaware Avenue Buffalo, NY 14202 Attn: President with a copy to: DELAWARE NORTH COMPANIES, INCORPORATED 250 Delaware Avenue Buffalo, NY 14202 Attn: Law Department 82 DN 136758-3 The address for notices may be changed by written notice given to the other party as provided above. 22.Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and this Agreement supersedes all prior agreements with respect to the subject matter of this Agreement. 23.Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 24.Attorney’s Fees. In the event either party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the term and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorney’s fees, court costs and reasonable expert witness fees incurred as a result of such proceedings. 25.Parties Bound. With the exception of the limitation on the assignability of this Agreement as provided above, this Agreement shall bind the respective successors and assigns of the parties hereto. 26.Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27.Ground Lease. Rocky, by assignment, is the landlord and the Town is the tenant pursuant to the terms and conditions of the Ground Lease. The parties understand and agree that all rights under this Agreement are subordinate and subject to the terms and conditions of the Ground Lease. 28.Rocky Affiliation. The Town agrees that Rocky shall have the right to affiliate with a nationally recognized hotel/motel organization or remain an independent operation. Any new affiliation shall be subject to the prior written approval of the Town, which approval shall not be unreasonably withheld. 29.Work By Illegal Aliens Prohibited. a.Rocky hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that Rocky has participated or attempted to participate in the basic pilot employment verification program as defined in 83 DN 136758-3 CRS § 8-17.5-101(1) (‘‘Program”) in order to verify that it does not employ illegal aliens. b.Rocky shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Rocky that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c.Rocky hereby certifies that it has verified or attempted to verify through participation in the Program that Rocky does not employ any illegal aliens and, if Rocky is not accepted into the Program prior to entering into this Agreement, that Rocky shall apply to participate in the Program every three (3) months until Rocky is accepted or this Agreement has been completed, whichever is earlier. d. Rocky is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. e.If Rocky obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Rocky shall be required to: i.notify the subcontractor and Town within three (3) days that Rocky has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii.terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Rocky shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f.Rocky shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. g.If Rocky violates this paragraph, the Town may terminate this Agreement for breach of contract. If this Agreement is so terminated, Rocky shall be liable for actual and consequential damages to the Town. 30.Termination of Service Agreements. On the effective date of this Agreement, the Service Agreement effective the 1st day of January, 2011, between the Town of Estes Park and 84 DN 136758-3 Rocky Mountain Park Inn, LLC and the Food and Beverage Concession Agreement effective January 1, 2011, between the Town of Estes Park and Rocky Mountain Park Inn, LLC shall terminate and be of no further force and effect. 31.Counterparts. This Agreement may be executed in two or more counterparts, each of which, when taken together, shall constitute one and the same agreement. Facsimile or PDF signatures shall constitute original signatures. [The next page is the signature page.] 85 DN 136758-3 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF ESTES PARK By________________________________________ Mayor ATTEST: ________________________________ Town Clerk DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC. By________________________________________ Name: Title: 86 DN 136758-3 FOOD & BEVERAGE CONCESSION AGREEMENT EXHIBIT A Payment for Food and Beverage Concession The following payments shall be made by Rocky to the Town on or before December 1 of each of the years in which this Agreement is in force and effect. 2016 - 2019 $27,000 per year 2020 - 2029 $32,000 per year 2030 - 2038 $37,000 per year 87       88 DN 136758-3 FOOD & BEVERAGE CONCESSION AGREEMENT EXHIBIT B Insurance a.Policies. The Parties shall procure and keep in force during the duration of this Agreement the following insurance coverages and shall provide the other Party with a certificate of insurance. i.Comprehensive general liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii.Comprehensive automobile liability insurance against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations of all motor vehicles controlled by the Party which are used in connection with this Agreement, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. iii.Workers’ compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer’s Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the workers’ compensation requirements of this paragraph. b.Requirements. Required insurance policies for Rocky shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The Town’s required insurance shall be through its membership in the Colorado Intergovernmental Risk Sharing Agency, a municipal self-insurance pool, or with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to Rocky. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the other Party. The Party shall identify whether the type of 89 DN 136758-3 coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal the Consultant changes to “occurrence,” the Party shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Parties. Such policies shall be written as primary policies not contributing to and not in excess of coverage the other Party may carry. c.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. and under any other applicable law. 90