Loading...
HomeMy WebLinkAboutPACKET Town Board 2014-03-25 The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 25, 2014 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION: “FINANCIAL LITERACY MONTH”. PROCLAMATION: “MONTH OF THE YOUNG CHILD”. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Policy Governance Quarterly Report. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 11, 2014 and Town Board Study Session Minutes dated March 11, 2014. 2. Bills. Prepared 3/16/14 * Revised 3/21/14 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. Committee Minutes. A. Public Safety, Utilities, Public Works Committee – March 13, 2014. 4. Estes Valley Planning Commission Minutes dated February 18, 2014. (acknowledgement only). 5. Transportation Advisory Committee Minutes dated February 19, 2014 (acknowledgement only). 6. Tree Board Minutes dated February 20, 2014 (acknowledgement only). 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED PLAT, Lot 6, Prospect Mountain Subdivision PUD 1st Filing, 570 Devon Drive; Franz & Carol Peterson/Applicant. Planner Kleisler. B. SUPPLEMENTAL CONDOMINIUM MAP, Meadows Condominiums, Supplemental Condominium Map #3, Lot 4A, Mary’s Meadow Subdivision Replat; Condominiumize Units 301 & 305 Kiowa Drive; Greg Coffman/Applicant. Planner Kleisler. 3. ACTION ITEMS: 1. ORDINANCE #08-14 – AMENDING ESTES VALLEY DEVELOPMENT CODE SECTION 3.1.E CONCURRENT REVIEW AND SECTION 3.1.F APPLICATION PROCESSING SCHEDULE. Director Chilcott. 2. ORDINANCE #09-14 – APPROVING AN AMENDMENT TO THE CONTRACT FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT FOR THE ANSCHUTZ WELLNESS CENTER. Attorney White. 3. GEORGE HIX MEMORIAL SCULPTURE & PLAQUE. Director Zurn. 4. PURCHASE OF PORTABLE STALL BARNS FOR PAVILION. Director Winslow. * 5. ORDINANCE #10-14 AMENDING MUNICIPAL CODE SECTION 2.08.010 COMMITTEES AND SECTION 2.28.020 TOWN ADMINISTRATOR FUNCTIONS AND DUTIES. AMEND POLICY GOVERNANCE 2.3 & 3.13 RELATED TO ADMINISTRATOR FUNCTIONS. Attorney White & Town Administrator Lancaster. 6. TOWN BOARD POLICY GOVERNANCE 101 - BOARD COMMITTEE APPOINTMENT POLICY. Administrator Lancaster. 4. REPORTS AND DISCUSSION ITEMS: 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Director Zurn. 2. VISITOR CENTER PARKING STRUCTURE UPDATE. Director Zurn. 5. ADJOURN. Today we know more than ever before about the importance of children's earliest years in shaping their learning and development. Yet, never before have the needs of young children and their families been more pressing. Our community continues to struggle to provide quality, consistent childcare that meets the needs of families. Care for children under 2.5 years is not available. The Month of the Young Child is a time to recognize that children's opportunities and well-being are our responsibility, and to recommit ourselves to ensuring that every Estes Park child experiences safe, nurturing, healthy learning environments that promote success. The EVICS Scholarship Program has provided over $127,000 in child care assistance to lower income families since 2006. These dollars are raised entirely through gifts and donations and have allowed us to provide childcare and preschool access to over 165 working families. Parents as Teachers is our parent outreach program, providing support to parents of children ages 0-5. Home visits help parents improve parenting skills, understand child development, get connected to community resources, and prepare children for school and life success. Outreach to Latino Families has grown by leaps and bounds with the addition of our Bilingual Program Assistant. We have facilitated the enrollment of more Latino children into childcare programs and preschools, and seen increased participation in our scholarship program and monthly Family Nights. Family Nights are offered once a month to all families in the community with children ages 0-5. Family Night’s includes dinner, activities, and parent education. Community Church of the Rockies provides free space, local restaurants and clubs donate dinner, and numerous volunteers help run the program. Family Nights give families the opportunity to strengthen connections with others, learn about community resources, and improve parenting skills. Community Developmental Screenings are coordinated through our Parents as Teachers Program, in partnership with the school district. Screenings ensure that young children are on track develop- mentally, and increase access to early intervention services for children with special needs. The 5th Annual Estes Park Early Childhood Conference will take place on April 19 at the YMCA of the Rockies. The conference offers a full day of professional development for early childhood teachers and childcare providers. Last year’s conference drew 60 participants from Estes Park and across the Front Range. None of this would be possible without the support EVICS receives from the Town of Estes Park and our other community partners, donors, and numerous supporters. Nancy Almond, Director Karin Steers, Parent Educator Kellie Thompson, Program Asst/Bilingual Educator www.evics.org 970.586.3055 . April is the Month of the Young Child How are we investing in young children? Estes Valley Investment in Childhood Success April 2014 TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: March 25th, 2014 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.3) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. Each March I report on the following staff limitations: Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.4 Financial Condition and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 General Town Administrator Constraint – Quality of Life This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. ________________________ Frank Lancaster Town Administrator 3.1 The quality of life in The Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our citizens. 3.1.1 The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 Prompt action is provided to resolve problems or issues. 3.1.1.3 Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 Each employee represents excellence in public service. 3.1.1.5 Each employee is “the Town” in the eyes of the public. REPORT: I continue to stress the importance of high standards regarding treatment of our citizens to all staff and leadership. Any citizen’s concerns I become aware of are addressed asap. I am therefore reporting compliance. 3.1.2 The success of Estes Park Town Government depends upon the partnership between citizens, , elected officials and Town employees. Accordingly, regarding the treatment of citizens and customers, the Town Administrator shall not: 3.1.2.1 Fail to inform citizens of their rights, including their right to due process. 3.1.2.2 Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of relevant community input. 3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis) about relevant decision making processes and decisions. 3.1.2.4 Be disorganized or unclear with respect to interactions with the community. 3.1.2.5 Ignore problems or issues raised by the community or fail to address them in a timely manner. 3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town employees. 3.1.2.7 Unduly breach or disclose confidential information. REPORT: With regard to treatment of citizens and customers, I am unaware of any major failures to comply with any of the requirements of this section. There have been minor failures that have been addressed promptly with the staff involved. I am therefore reporting substantial compliance. 3.2 With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions which are unsafe, unfair or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the administrator shall not: 3.2.1 Operate without written personnel policies that clarify personnel rules for employees. REPORT: The Town has written personnel policies that clarify personnel rules for employees. I am therefore reporting compliance 3.2.2 Fail to acquaint staff with their rights under this policy upon employment. REPORT: New employees are informed of their rights under this policy upon employment. I am therefore reporting compliance 3.2.3 Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. REPORT: The Town adheres to the policies of Equal Employment Opportunity and Fair Labor Standards Act. I am therefore reporting compliance 3.2.4 Fail to make reasonable efforts to provide a safe working environment for employees, volunteers and citizens utilizing Town services REPORT: The Town adheres to the policies of Equal Employment Opportunity and Fair Labor Standards Act. I am therefore reporting compliance 3.2.5 Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. REPORT: The Town has adopted volunteer policies. I am therefore reporting compliance 3.4 With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1. Expend more funds than are available. REPORT: We have not expended more funds than are available. I am therefore reporting compliance 3.4.2. Allow the general fund and other ins to decline below twenty-five percent of annual expenditures as of the end of the fiscal year, unless otherwise authorized by the Board. REPORT: The general fund balance at the end of 2013 is anticipated to decline below the 25% level to 24% at this time. We also anticipate it to be below 25% at the end of FY 2014 due to impacts from the September flood. However this decline was discussed with and authorized by the board. I am therefore reporting compliance 3.4.3. Allow cash to drop below the amount needed to settle payroll and debts in a timely manner. REPORT: Available cash has not dropped below the amount needed to settle payroll and debts in a timely manner. I am therefore reporting compliance 3.4.4. Allow payments or filings to be overdue or inaccurately filed. REPORT: All payments and fillings have been made in a timely manner. I am therefore reporting compliance 3.4.5. Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and may not engage in purchasing practices in violation of state law or Town purchasing procedures. REPORT: The Town has not engaged in any purchases wherein normally prudent protection has not been given against conflict of interest nor in purchasing practices in violation of state law or Town purchasing procedures.. I am therefore reporting compliance 3.4.6. Use any fund for a purpose other than for which the fund was established. REPORT: I have not used any fund for a purpose other than for which the fund was established I am therefore reporting compliance 3.5 Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. Accordingly, he or she may not: 3.5.1. Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff and the Town of Estes Park to the amount legally obligated to pay, or allow the organization to be uninsured: 3.5.1.1 Against theft and casualty losses, 3.5.1.2 Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations,. 3.5.1.3 Against employee theft and dishonesty. REPORT: The Town has in place adequate insurance and risk management procedures. I am therefore reporting compliance 3.5.2. Subject plant, facilities and equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). REPORT: The Town owned facilities and equipment have not been subject to improper wear and tear, within the control of the Town Administrator. Current preventive maintenance procedures for facilities are in need of review and revision and were planned to be updated by the new Facilities Director. That position has been put on hold due to the flood. . I am therefore reporting only partial compliance 3.5.3. Receive, process or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. REPORT: The Town has not received, processed or disbursed funds under controls insufficient to meet the Board-appointed auditor’s standards. . I am therefore reporting compliance 3.5.4. Unnecessarily expose Town government, its Board of Town Trustees or staff to claims of liability. REPORT: The Town Administrator has not unnecessarily exposed Town government, its Board of Town Trustees or staff to claims of liability. I am therefore reporting compliance 3.5.5 Fail to protect intellectual property, information and files from loss or significant damage. REPORT: The Town Administrator has not failed to protect intellectual property, information and files from loss or significant damage. I am therefore reporting compliance 3.5.6 Acquire, encumber, dispose or contract for real property except as expressly permitted in Town policy. REPORT: The Town Administrator has not acquired, encumbered, disposed or contracted for real property except as expressly permitted in Town policy. I am therefore reporting compliance 3.5.7 Allow internal control standards to be less than that necessary to satisfy generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. REPORT: The Town Administrator has not allowed internal control standards to be less than that necessary to satisfy generally accepted accounting/auditing standards I am therefore reporting compliance 3.6 In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1. The Assistant Town Administrator shall act in the capacity of Town Administrator in his/her absence. In the absence of the Town Administrator and Assistant Town Administrator a Town Department Head previously designated by the Town Administrator will act in the capacity of Town Administrator. 3.6.2. The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. REPORT: I have designated two department heads to act in my capacity as Town Administrator should I be unavailable to fulfill my duties. I am therefore reporting compliance 3.9 The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1 Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. REPORT: Through my weekly updates and individual e-mails, as well as updates at committee and board meetings, I believe I have informed the Board of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. I am therefore reporting compliance 3.9.2 Fail to submit monitoring data required by the Board (see policy on Monitoring Town Administrator Performance in Board/Staff Linkage) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. REPORT I have submitted my monitoring data reports as required. . I am therefore reporting compliance 3.9.3 Fail to establish a process that brings to the Board of Town Trustees as many staff and external points of view, issues and options as needed for informed Board choices on major policy issues. REPORT Current processes brings to the Board of Town Trustees as many staff and external points of view, issues and options as needed for informed Board choices on major policy issues. I am therefore reporting compliance 3.9.4 Present information in unnecessarily complex or lengthy form. REPORT Information submitted to the Board by staff has not been unnecessarily complex or lengthy. I am therefore reporting compliance 3.9.5 Fail to provide support for official Board of Town Trustees activities or communications. REPORT I believe staff has provided adequate support for official Board of Trustees’ activities and communications. I am therefore reporting compliance 3.9.6 Fail to deal with the Board of Town Trustees as a whole except when fulfilling individual requests for information. REPORT I have not failed to deal with the board as a whole except when fulfilling individual requests for information. I am therefore reporting compliance 3.9.7 Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Board of Town Trustees. REPORT I have not failed to report in a timely manner any actual or anticipated noncompliance with any policy of the Board of Trustees. I am therefore reporting compliance 3.10 With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1 Deviates materially from the Board of Town Trustees’ stated priorities. REPORT No capital plans nor expenditures have deviated materially from the Board of Trustees’ state priorities.. I am therefore reporting compliance 3.10.2 Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. REPORT There have been no plans nor actual expenditures for more funds than are conservatively projected to be available during the fiscal period. I am therefore reporting compliance 3.10.3 Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. REPORT Current processes provide adequate detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail.. I am therefore reporting compliance 3.10.4 Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. REPORT Prior to the flood we had been working on the CAMP and Capital Investment policies, under the direction of the Deputy Town Administrator. This project is not completed and very little work has been done to follow up since the departure of the Deputy Town Administrator. I have reassigned this task to the Finance Director and we will be re-examining the proposed process and plans. We believe these can be clarified and simplified and will be working to bring these before the board at some time in the future, hopefully by the end of the year. Our current major capital planning is no sufficient or adequate. I therefore cannot report compliance. 3.10.5 Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. REPORT Staff has provided regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. I am therefore reporting compliance 3.11 With respect to Town government's quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. REPORT With respect to Town government's quality of life for the community, I have continued to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests, as directed by the Board of Trustees. I am therefore reporting compliance Town of Estes Park, Larimer County, Colorado, March 11, 2014 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 11th day of March, 2014. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Norris stated the Visit Estes Park Board (LMD) continues their search for a new CEO. Their next meeting would be held on Tuesday, March 18, 2014. Trustee Koenig commented Sister Cities would hold a meeting on Wednesday, March 12, 2014 at Coffee on the Rocks. Mayor Pro Tem Blackhurst stated the Estes Park Housing Authority would hold its monthly meeting on Wednesday, March 12, 2014 at 8:30 a.m. in Room 202. The Public Safety, Utilities and Public Works Committee would meet on Thursday, March 13, 2014 at 8:00 a.m. in the Board Room. Trustee Ericson stated the Transportation Advisory Committee would meet on March 19, 2014 at 12:00 p.m. in Rooms 202/203. The Visitor Center would hold an open house on April 2, 2014 from 8:00 a.m. to 11:00 a.m. and 4:00 p.m. to 6:00 p.m. TOWN ADMINISTRATOR REPORT. Board of Trustees – March 11, 2014 – Page 2 The FOSH funds are held by the Town in a fiduciary fund and would continue to be held until a final decision has been made on EPIC’s performing arts theater in 2017. Town Clerk Williamson provided an update on the election stating the Clerk’s office would receive absentee ballots on Wednesday, March 12, 2014 and ballots would be sent to all voters that requested a absentee ballot. Absentee ballots would be available through close of business on Friday, March 28, 2014. Registered voters could vote early through the absentee process in Town Hall. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 25, 2014, and Town Board Study Session Minutes dated February 25, 2014. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services Committee. February 27, 2014. It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS (Outside Entities): 1. ESTES PARK HOUSING AUTHORITY UPDATE. EPHA Director Kurelja provided the Board with a review of the Housing Authorities latest project Falcon Ridge located on Lot 4, Good Samaritan, 5.55 acres, zoned RM – multi- family residential, approved for 66 units assuming the units are affordable (one, two and three bedroom units), and build out in two phases. A market study found the need for 1 and 2 bedroom units, low vacancy rates exacerbated by the flood, and very long waiting lists with approximately twice as many applicants as units proposed. The new development would serve income levels between 30% - 60% of the area median income. To provide funding for the development the Authority would sell tax credits if awarded by CHAFA in late May to early June ($8.7 million), acquire a mortgage (1.8 million), and apply for CDBG-DR grant ($900,000) and Federal Home Loan Bank grant ($675,000). The funding identified would leave the project with a funding gap of $565,894. The Authority would request the Board approve fee waivers for building permits and water tap fees at a cost of approximately $417,000 to assist in building the development. The Housing Authority would need a commitment by the Board late spring/early summer. 3. ACTION ITEMS: Board of Trustees – March 11, 2014 – Page 3 1. ORDINANCE #08-14 – AMENDING ESTES VALLEY DEVELOPMENT CODE SECTION 3.1.E CONCURRENT REVIEW AND SECTION 3.1.F APPLICATION PROCESSING SCHEDULE. Item continued to the Town Board meeting scheduled for March 25, 2014. 2. RESOLUTION #08-14 – SUPPORTING BALLOT ISSUE 1A INCREASING SALES TAX BY 1% FOR 10 YEARS FOR SPECIFIC PROJECTS. It was moved and seconded (Norris/Blackhurst) to approve Resolution #08-14, and it passed unanimously. 3. EVENT CENTER & PAVILION FEE SCHEDULE. Director Winslow presented a rental fee schedule for equipment used in the new Event Center and Pavilion. Staff has researched many facilities around the state and has reviewed the Johnson report recommendations to develop the schedule: 1) Event Center $2,000 – commercial, private, and other, $1,500 – non-profit and local, and $3,000 – public event with ticket sales, and 2) Pavilion $1,500 – commercial, private, other and $1,000 – non-profit and local. All room rentals are a per day fee. Additional fees would be charged for rental equipment such as tables, chairs, A/V, internet, etc. The fee schedule would be negotiable to address time of year, labor intensive events, and include an all-inclusive price arrangement. Staff would purchase the day-to-day equipment and rent other items as needed. Items such as tables and chairs should recoup costs during the first year of operations. The fee schedule would be reviewed annually to ensure the rental prices remain competitive. Charley Dickey/Town citizen thanked the Town for considering a non- profit/local rate for use of the facilities. He would encourage the Town to review the use of the shuttle system from the fairgrounds to downtown during events, even on the shoulder seasons. It was moved and seconded (Ericson/Phipps) to approve the proposed fee structure for the Estes Park Event Center, Pavilion and equipment rental, and it passed unanimously. 4. CONTRACT WITH ROCKY MOUNTAIN DATA AVAILABILITY SYSTEM (RMDAS) FOR IT & WIRELESS EQUIPMENT AT THE EVENT CENTER AND PAVILION. Director Winslow presented a contract with RMDAS to provide the design and installation of the IT and wireless equipment for the new Event Center and Pavilion. Staff requests approval to sole source the work with RMDAS because the company has already performed similar work at the fairgrounds. The local company provides the services needed at the fairgrounds including a large bandwidth that is symmetrical, local technicians able to respond within 30 minutes, knowledge of the property and the current infrastructure, redundancy, and provide continued maintenance and operate the system after installation. RMDAS currently provides wireless access on the Board of Trustees – March 11, 2014 – Page 4 fairgrounds property for a fee. In the new agreement the Town would own the equipment/infrastructure and would provide internet access for free. The Board commented on the need to ensure brand new equipment and technology would be used in the facilities; as built drawings for the system should be submitted for future use by staff or other contractors; the systems should be compatible with current systems; and questioned the depth of the company and its ability to be around for more than a couple of years. Mark Repine/RMDAS Managing Partner stated the company has been in business for three years, and has two IT professionals and two individuals in college. The company has a long term lease with the hospital, leases fiber from the Town, and has begun working on agreements with Airbits. The company has every intention of being in business for the foreseeable future. After further discussion, it was moved and seconded (Koenig/Norris) to approve the contract with RMDAS at a contract amount of $74,760 and a 5% contingency, and it passed unanimously. 5. PURCHASE FURNITURE, FIXTURES AND EQUIPMENT FOR THE EVENT CENTER AND PAVILION. The Town does not own the necessary equipment to operate the new Event Center and Pavilion, therefore, staff requests the approval to purchase equipment that would be rented and provide revenue for the facilities. A number of quotes were received and staff recommended the following: 150 – 8 ft. aluminum tables from Southern Aluminum at $314/table, 30 – 6 ft. round tables at $472/table, 16 – 4x8 section staging from Southern Aluminum at $740/section, 800 – 4x6 vulcanized rubber mats from The Rubber Man - $39/matt, and 300 banquet chairs padded and ganged form Worthington Direct at $50.95/chair. The total cost of the items before deliver fees would be $119,585. Staff continues to work on a grant for trash and recycling receptacles at the facilities. It was moved and seconded (Blackhurst/Phipps) to approve the purchase of equipment for the purchase price identified to include necessary shipping cost, and it passed unanimously. 6. ECONOMIC DEVELOPMENT AGENCY GRANT APPLICATION TO SUPPORT THE ESTES PARK ECONOMIC DEVELOPMENT COUNCIL. The recently formed Economic Development Council identified diversification and economic resiliency as elements to improve the local economy. The recent flood highlighted the Town’s dependency on tourism. The USEDA would provide technical assistance to communities that have suffered adverse economic impact due to the Colorado floods through grant assistance. The USEDA has a strong interest in strategic planning; therefore, the Town has a unique opportunity to take advantage of best practices and innovation through the use of an experienced consulting firm. As the EDC has no history of operation to rely on, the Town would apply for and assume compliance for the $80,000 grant if awarded. The partnership between the Town and the ECD Board of Trustees – March 11, 2014 – Page 5 would benefit the entire business community. The grant would require $20,000 in matching funds, which would come from Community Foundation of Northern Colorado and Larimer County. No matching funds would be required by the Town. Jon Nicholas/EDC Director stated the outreach would be similar to the process used by Downtown Development Inc. and involve all segments of the community. The grant application does not have a deadline; however, the sooner the application can be submitted the sooner the EDC can move forward with the process. Charlie Dickey/Town citizen stated the support by the Town aids the advancement in developing a strategic plan. It was moved and seconded (Norris/Koenig) to approve the grant application contingent on the review and comment by the Board. All comments to be sent to Administrator Lancaster by close of business Friday, March 14, 2014, and it passed unanimously. 7. 2014 ORGANIZATIONAL PLAN. Administrator Lancaster presented the Town Board with the 2014 Organizational plan, as required by the Municipal Code. Trustee Elrod questioned the need for the plan to be reviewed and adopted, and suggested the requirement be removed from the Municipal Code. Further discussion ensued with the Board recognizing the adopted Policy Governance and the need to simply review the organizational plan through the Administrator updates annually. Administrator Lancaster stated the policy governing staff limitations would be amended to require the Administrator to update an organizational chart and report regularly to the Board any changes. An amendment would also come forward to remove the requirement from the Municipal Code. It was moved and seconded (Norris/) to approve the administrative organization plan for 2014 as submitted by the Town Administrator, and the motion died for lack of a second. 4. REPORTS AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn updated the Board on the construction progress stating the Pavilion (stall barn) would be delivered by mid-April and the concrete floor would be poured in two weeks. Work on the event center (MPEC) has been favorable due to improved weather conditions. The building has been closed up and a number of items are moving toward completion. The construction schedule has slipped 10 days with an estimated deliver in mid- May. Board of Trustees – March 11, 2014 – Page 6 Whereupon Mayor Pinkham adjourned the meeting at 8:55 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado March 11, 2014 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Rooms 202/203 in said Town of Estes Park on the 11th day of March, 2014. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Phipps stated difficulty in hearing individuals speaking at the podium in the Board Room. Mayor Pro Tem Blackhurst agreed and stated there are staff members that are hard to hear as well. Discussion was heard. IT Manager Fraundorf commented a consultant has been evaluating upgrades to the Board Room, including the sound system. FUTURE STUDY SESSION AGENDA ITEMS. Administrator Lancaster stated the Board retreat would be rescheduled to June 26, 2014. Trustee Ericson requested a status report on the development/revision to Town policies. REVIEW PROGRESS OF 2014 OBJECTIVES. Administrator Lancaster provided the Board an update on the current status of the 2014 objectives. The September flood, recovery, election, etc has delayed the progress of some objectives. Robust Economy – Staff continues to work on Town codes to make the land use code easier to read/use and to address the establishment of new businesses (micro breweries, wineries, wedding facilities, etc.). Town Board Study Session – March 11, 2014 – Page 2 Infrastructure – A number of the items are in progress. The environmental study for the extension of Fall River has not begun and may be delayed due to the significant changes that occurred on Fall River from the flood. The development of funding for facilities maintenance has not started. Director Bergsten stated a master plan and financial plan for the Water department would be completed this year. Options for upgrading the Glacier Creek water treatment plant or a new facility would be discussed along with setting new rates to fund the improvements. An ad-hoc committee has been formed to review options to capitalize on the fiber infrastructure, including the use of grant funding to analyze best uses. Mayor Pro Tem Blackhurst requested the Board consider the addition of the final phase of Bond Park as an objective for 2015. Planning for the final phase was delayed due to the flood. Exceptional Guest Services – Objectives are in progress. An ad-hoc committee has been formed to review the current special events, the venues, and how the events benefit the community. The group would also set criteria for new events and provide a report to the Board by the end of the year. Trustee Ericson requested staff provide income for each event and estimated income for new events for review by the Board. Public Safety, Health and Environmental – Objectives in progress with the exception of the public advisory radio, on hold until after the April 1st election, and changes to radio frequencies has been placed on hold. The land fill remediation plan for Elm Road landfill continues to move forward. The initial results from the consultant suggest the cost could be approximately half the original estimate of $1 million. Outstanding Community Services – The comprehensive plan update continues; however, staff resources are focused on flood recovery. Staff recommends a study session with the new Board after the April 1st election to discuss the Town’s role in community housing. Staff would bring forward a policy for the Board’s review on accepting public art. Governmental Services and Internet Support – Objectives are in progress with the exception of the capital planning process which has been placed on hold with the departure of the Assistant Town Administrator Richardson. Finance Officer McFarland would review past documents and possibly bring forward a simplified document for the Board’s review. Code Compliance Officer Kleisler continues to work on compliance with the Town’s business licensing regulations for vacation homes. Staff continues to work on updating Town polices; however, progress has been delayed due to the significant work being conducted by staff on flood recovery issues. Town Board Study Session – March 11, 2014 – Page 3 Transportation – All objectives are in progress. The Transportation Advisory Committee has looked as signage and has suggested a standard be developed for the downtown commercial district. The flood repairs to the Fish Creek corridor would begin next week. Administrator Lancaster stated the January sales tax was up 10% over last year. Staff continues to be cautiously optimistic that revenues would be positive for 2014. The Town FEMA match is still unknown and could affect the addition of new/additional projects to the 2014 budget. He would provide quarterly updates to the Board on the status of the objectives. Trustee Ericson requested staff provide an implementation plan for the objectives with a few bullet points outlining how each would be accomplished before the Board’s retreat in June. COMMITTEE APPOINTMENTS/DEFINITIONS. Staff has revised the Board Committee Appointment policy as directed by the Board at their August 13, 2013 study session to include definition of appointments to interview committees, added definition of Outside committee appointments, updated list of Committees and Boards, and updated staff assignments. Board comments included the following: need to update the Municipal Code to reflect the current standing committees, i.e. Community Development/Community Services Committee and Public Safety, Utilities and Public Works Committee; individual Trustees need to be mindful of their role as liaison to outside entities; Board consensus was the Audit Committee should remain as a special committee and not a standing committee; the policy should be consistent as to when appointments are made; i.e. certification of the election results; discussed the appointment of the Mayor Pro Tem and the public’s perception of succession planning with the appointment; the Shuttle Committee would be removed as a formal committee and would become administrative; and the Estes Park Housing Authority would remain as a formal Board with a Board liaison because the Town appointments their members and provides funding. Staff would make final revisions to the policy and present it at the Board meeting on March 25, 2014 for the Board’s consideration. TOWN ADMINISTRATOR REVIEW UPDATE. Town Clerk Williamson provided an update on the Mountain State Employers Councils multi-rating tool. The Board reviewed the questions to be used in the evaluation. The tool would be programmed and sent to the Board by Monday, March 17th for the Board to complete, responses evaluated, report completed, and a Human Resource Specialist to review with the Board during an Executive Session on Tuesday, March 25th. The Board would hold a final evaluation with Town Administrator on Tuesday, April 8th during an Executive Session. Town Board Study Session – March 11, 2014 – Page 4 There being no further business, Mayor Pinkham adjourned the meeting at 6:33 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, March 13, 2014 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Board Room of Town Hall in said Town of Estes Park on the 13th day of March, 2014. Committee: Chair Blackhurst, Trustees Koenig and Phipps Attending: All Also Attending: Town Administrator Lancaster, Police Chief Kufeld, Commander Pass, Directors Bergsten, and Zurn Grant Specialist Crosser, Superintendent Lockhart, Supervisor Beehler, Manager Fraundorf, and Recording Secretary Limmiatis Chair Blackhurst called the meeting to order at 8:02 a.m. PUBLIC COMMENT. None. PUBLIC SAFETY. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Estes Valley Victim Advocates Annual Report – Director Mesropian presented a report reviewing 2013 progress and achievements, including the struggles faced during the September flood, and highlighted the hard work and commitment of staff. The safe house was operational after two months of being flooded with the help of grants to restore the damage incurred. The regular work of placing advocate calls for suicides, sudden death, domestic violence, and sexual assault continued throughout the closure during October and November. Initially help was provided for flood victims through counseling, and support groups until disaster resources arrived. Three adult residents and one child were residing at the safe house during the flood and were relocated. The counseling program continues to be a need in the community. The annual fashion show had to be cancelled in 2013, but through donations most of the lost revenue was recovered. The endowment fund currently has a fund balance over $33,000.00, with the goal being $200,000.00. 2. Communications Update – Commander Pass prvided a verbal update on multiple technology upgrades which are taking place in the Police Department communications center, including the Positron Viper Phone System, MCC7500 Radio System, the Tiburon upgrade, the recording system, Everbridge, and Public Safety/Utilities/Public Works Committee – March 13, 2014 – Page 2 Pictometry. Restorative Justice recently completed mediation training and added new programs in the school system titled Student Support and Accountability Circle and the Girls Circle, and the Auxiliary Unit would host the Police Academy again in 2014. 3. Verbal Updates and Committee Questions – Chief Kufeld updated the Committee on recruiting efforts underway for Community Service Officers and a vacant Police Officer I position. UTILITIES. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Update on Flood Recovery – Director Bergsten reported thirty-six separate damage sites identified by the Utilities department after the September flood, nine of which were repaired immediately. Twenty-seven sites are still pending final approval from either FEMA or the insurance company. To date, FEMA has approved approximately $1.4 million for permanent repairs and another $2 million in repairs remain pending. Grant Specialist Crosser informed the Committee that no money has been received from FEMA for large project and permanent repairs, only small projects paid from State purchase orders. 2. Colorado Department of Public Health & Environment, Water Quality Control Division Grant – Director Bergsten stated the Town has received a grant in the amount of $10,600.00 to address damage caused by the flood. 3. PRPA Public Sessions for Future Electricity Resources – Director Bergsten informed the Committee every five years the Platte River Power Authority (PRPA) is required to do an Integrated Resource Plan. Which requires public input when resources are added to a region. A public meeting would be held at the end of the month to solicit input on future resources. 4. Seasonal Decorations – Line Superintendent Lockhart stated the Light and Power and Parks have worked together to update the holiday lights downtown. Winter Green Christmas Lights reviewed the lights and suggested LED lights, which were tried in Confluence Park. Staff has decided to wrap the trunks and branches of 150 trees downtown in white and wrap light poles in blue LED lights. A much cleaner look will be produced when the snow becomes dirty and brown after several winter months. The LED lights are slightly more expensive initially, but these lights will be reused for approximately three years, would cost less to operate, and maintenance would be reduced by wrapping the trees. Demo lights would be purchased and installed in Confluence Park to get a visual concept and consensus to move forward with the design. The holiday lights will be turned on the day of the Glow Parade. 5. Annual Water Consumer Confidence Report – Laboratory & Water Quality Supervisor Beehler discussed changes to the Annual Water Consumer Confidence Report (CCR), such as the Unregulated Contaminate Monitoring Public Safety/Utilities/Public Works Committee – March 13, 2014 – Page 3 Rule (UCMR) which is completed every five years. Twenty-one of thirty possible contaminates were tested with six found in the water samples. There are no regulated maximum contaminated levels for the six contaminates found. The report would include a list of the six contaminates, the range of detection, and typical sources. 6. Annual Water Line Flushing - Director Bergsten updated the Committee on the Annual Water Line Flushing program, which is completed to maintain the freshness and quality of the water. Some discoloration of water may be observed during the process. 7. Information Technology Verbal Update – IT Manager Fraundorf presented brief verbal updates to the Committee on the replacement of all Windows XP computers, the Sungard One Solution agreement, the damage to Century Link’s fiber during the flood and their use of the Town’s fiber moving forward, and the server consolidation project. PUBLIC WORKS. GEORGE HIX MEMORIAL SCULPTURE & PLAQUE. Director Zurn presented the proposed George Hix Memorial Sculpture and Plaque to be placed on a boulder in Confluence Park. Trustee Koenig requested the wording on the plaque be changed from “visitor” to “guest” to be consistent with Visit Estes Park branding. Kim Stevens, daughter of George Hix, agreed to Trustee Koenig’s request and spoke briefly about the choice of the saddle sculpture and the meaning behind the interactive piece by George Walbye. A dedication ceremony would take place in the late summer / early fall of 2014 after installation. The Committee recommended approval of the installation of the bronze saddle and associated plaque commemorating the renaming of the park in recognition of the contributions of George Hix to be included as an Action Item at the March 25, 2014 Town Board meeting. There being no further business, Chair Blackhurst adjourned the meeting at 9:27 a.m. Barbara Jo Limmiatis, Recording Secretary RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 February 18, 2014 Board Room, Estes Park Town Hall Commission:  Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers,  Nancy Hills, Steve Murphree, Wendye Sykes    Attending:  Chair Hull, Commissioners Klink, Dickey, Bowers, Hills and Murphree    Also Attending: Director Chilcott, Senior Planner Shirk, Town Board Liaison Elrod, Larimer  County Liaison Michael Whitley, and Recording Secretary Thompson    Absent:  Commissioner Sykes    The following minutes reflect the order of the agenda and not necessarily the chronological sequence.    Chair Hull called the meeting to order at 1:30 p.m.  There were approximately 75 people in  attendance.  Chair Hull explained the purpose of the Estes Valley Planning Commission and stated  public comment is invaluable.  Each Commissioner was introduced. Chair Hull explained the process  for accepting public comment at today’s meeting.     1. PUBLIC COMMENT  None    2. CONSENT AGENDA     A. Approval of minutes, January 21, 2014 Planning Commission meeting.  B. Amended Plat & Minor Modification of Lot 6, Prospect Mountain Subdivision, 570 Devon  Drive; Franz & Carol Peterson, Owners/Applicants     It was moved and seconded (Klink/Dickey) to approve the consent agenda as presented and the  motion passed unanimously.      3. EPMC/ANSCHUTZ WELLNESS TRAINING CENTER, Lot 4, Stanley Historic District; TBD Steamer  Parkway   NOTE: Due to the length of the staff report for this project, and the need to transcribe the  minutes as soon as possible, the staff report has been included as an official part of the  minutes. The Town Board is scheduled to make final decisions on this project next Tuesday,  February 25, 2014.       Planner Shirk stated the proposal was the development of Lot 4, Stanley Historic District, to  include accommodations units, and a proposed wellness center/treatment facility. The  applicant is Grand Heritage Hotel Group, LLC, owner of the Stanley Hotel.  The applicant  proposes to construct a structure containing fifty (50) accommodations units, reception area,  lecture hall, and the treatment/nutrition center. A second building would house the wellness  center. Phase II of the project would include an additional thirty‐two (32) accommodations  units. The site will include 30% open space, with lot coverage being 37%, both complying with  RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 18, 2014 Board Room, Estes Park Town Hall the proposed underlying zone district standards. The property is zoned CO–Commercial  Outlying, with the Stanley Hotel property zoned A–Accommodations. Stanley Village Shopping  Center, directly east of Lot 4, is zoned CO–Commercial Outlying. The applicant proposes to  amend the zoning map so Lot 4 will be zoned A–Accommodations aligning with the Stanley  Hotel complex. The surrounding areas contain single‐family residential areas to the north and  east, multi‐family residential areas to the south and west, and the Knoll‐Willows open space  across Wonderview Avenue to the south. Planner Shirk stated there is an approximate 60‐foot  elevation drop from the main hotel to the southwest corner of the lot. Lot 5, adjacent to Lot 4  on the southwest side, is owned by the Town of Estes Park and has been placed in a  conservation easement.  Planner Shirk stated the design includes an emergency access lane  on Steamer Drive, which would be closed to traffic except in an emergency. All traffic would  be routed via Steamer Parkway.  The proposed parking areas would lie behind the structures,  complying with guidelines of the Stanley Historic District.  Proposed loading docks would be  somewhat screened by the structures, complying with the Estes Valley Development Code  (EVDC). Several bicycle racks would be installed on the property. There have been some minor  design changes to the structures, which will be included in the revised plans to be submitted  prior to the Town Board meeting. These include changes to the semi‐conical roof, variations  to the exterior walls to create offsets, etc.     Planner Shirk stated the project was reviewed to determine how it interacts with the Estes  Valley Comprehensive Plan.  Please refer to page six (6) of the staff report for detailed  information.  He stated accommodations use is a sub‐category of commercial development.    Planner Shirk reviewed the code amendments that would be applicable to this project.  Please  refer to page eight (8) of the staff report for detailed information. This section also includes  information pertaining to the proposed uses as they relate to the use classifications in the  EVDC.     Planner Shirk reviewed the proposed amended plat, which would remove a platted “non‐ development area” located on the western portion of the lot.  Please refer to page 11 of the  staff report for additional information, including some history behind the Stanley Historic  District Master Plan.  The applicant proposes to use the platted non‐development area for the  hotel/lecture hall/treatment facility, and has designated the eastern triangular area (near True  Value and Dad’s Laundry in Upper Stanley Village) as open space.  Planner Shirk stated the  proposed project complies with the view corridors as required in Section 17.44.060(a) of the  Estes Park Municipal Code (EPMC).  The applicant and staff conducted separate analyses  surrounding the view corridors; both came to the same conclusion that the proposed view  corridors comply with the code.    Planner Shirk explained the Special Review process, stating special reviews are development  plans that include uses that, by their nature, have potential impact on surrounding properties.  Because of this potential, these uses require Town Board approval. Special Review uses  RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 February 18, 2014 Board Room, Estes Park Town Hall require “the application for the proposed special review use mitigates, to the maximum  extent feasible, potential adverse impacts on nearby land use, public facilities and services,  and the environment.” Additional information concerning the special review process can be  found on page 16 of the staff report.    Planner Shirk stated the application was routed to affected agencies and adjacent property  owners. Notices to adjacent property owners extended far beyond the 500‐foot requirement,  to include those property owners with a view of the Stanley Hotel.  Details concerning  affected agency comments are on page 17 of the staff report. Significant comments included:  (1) Colorado Department of Transportation (CDOT) requested and received a revised traffic  study to examine traffic volume, and determined no off‐site improvements would be  necessary for this proposed development; (2) Colorado Parks and Wildlife (CPW) expressed  concern regarding the fragmentation of habitat, human/bear conflicts, and possible increase  in accidents between wildlife and vehicles. Vehicle conflicts could be addressed with signage  near the existing open space areas (Lot 5 and Knoll‐Willows) that will likely receive additional  grazing; and (3) The State Historic Preservation Officer provided several comments (page 18 of  the staff report) and stated “the variation of construction techniques and detailing meets the  Secretary of the Interior’s guidelines for new work in historic contexts.”    Planner Shirk reviewed the application for compliance with other areas of the EVDC, including  but not limited to building height, pedestrian amenities and linkage requirements, grading and  site disturbance, landscaping, stormwater drainage, exterior lighting, outdoor storage areas,  etc. He stated staff recommended all parking areas be completed with Phase I.      Findings  1. The application is consistent with the policies, goals and objectives of the comprehensive  Plan, including the Future Land Use Plan and the Downtown area plan. The application  advances several Community‐Wide policies, as delineated in the staff report.  2. The application for the proposed Special Review use mitigates, to the maximum extent  feasible, potential adverse impacts on nearby land use, public facilities and services, and  the environment.  3. The amended plat complies with the standards and criteria set forth in Chapter 10  “Subdivision Standards.”  4. The amended plat and associated development satisfy the purpose and intent of the open  space and view protection guidelines described in the Stanley Historic District Master Plan.  5. The proposed code amendments are necessary to address changes in areas affected.  There are significant changes in the area since the adoption of the land use plan and  development code.  6. The proposed code amendments are compatible and consistent with the policies and  intent of the comprehensive plan.  7. Adequate services and facilities are available to serve the development.  RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 February 18, 2014 Board Room, Estes Park Town Hall 8. The application complies with the Estes Park Municipal Code Chapter 17.44 Stanley  Historic District Standards for Development regarding: view corridors; open space; site  design; pedestrian circulation; and signs.  9. The request to exceed the Stanley Historic District maximum allowed building height of  thirty (30) feet is allowed through special review approval, and complies with Section  1.9.E.2 Measurement of Maximum Building Height on Slopes.  10. The application does not comply with Estes Park Municipal Code Chapter 17.44 Stanley  Historic District Standards for Development regarding building design: red roof, white  walls, building facades, and conical roof. The proposed code amendments would provide  compliance to these standards. NOTE: After the completion of the staff report, the  applicant revised the plans of the conical roof to be compliant with the EPMC.  11. If revised to comply with recommended conditions of approval, the application will  comply with applicable sections of the Estes Valley Development Code, as described in the  Review Discussion in the staff report.  12. This is a Planning Commission recommendation to the Town Board of Trustees of the  Town of Estes Park.  13. In accordance with Section 3.2.D, a revised application shall be a condition precedent to  placing the application on the Town Board agenda. Placement on the February 25, 2014  Town Board agenda requires a February 19, 2014 submittal of a revised application that  fully satisfies all conditions of approval.    Staff and Commission Discussion  None    Applicant Presentation  John Cullen/applicant congratulated Senior Planner Shirk and Town staff for the extraordinary  effort put forth by Town staff and others involved in the review. If the sale of Lot 4 is  approved by voters on April 1st, he anticipates construction of the first building to commence  in early September, 2014. Estes Park Medical Center will have a two‐year window to begin  construction on the wellness center. He assured the Commission that if the hospital did not  construct the wellness center, he would. He made a promise to the community that this  project would be completed. The wellness center would be a benefit to the economic viability  of the medical center, and he was honored to be working with them and the Anschutz  organization on this project.    Brian Herwig/Estes Park Medical Center CEO applauded staff, the engineers, and architects on  the project. He stated it was very important to the hospital to stabilize their finances at a time  when reimbursements are declining. He was committed to provide great healthcare to the  community, which would be difficult without a new stream of revenue. Mr. Herwig mentioned  a recent study completed by the Economic Development Committee, and stated this would be  a great boost for the hospital and the community.  He appreciated the cooperation and  collaboration with the Stanley Hotel.   RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 February 18, 2014 Board Room, Estes Park Town Hall   Lucia Liley/applicant representative was pleased to present the project to the Commission.  She acknowledged the hard work of Town staff, attorney, and referral agencies.  The process  has been successful due to in‐depth discussion and dialogue that ultimately improved the  project. She stated the goal of their proposal was to meet all the Town’s applicable  requirements, and was obligated to be very clear about what the project is and is not. She  stated the rezoning request would make the proposed development a continuation of the  Stanley Hotel use. She stated the project fit in very well with the Comprehensive Plan  guidelines, particularly the economic vision statements. Concerning the amended plat to  remove the no‐build line, she stated three main reasons: 1) Lot 4 is very irregularly shaped,  creating a challenge for building construction; 2) It is important to have a large buffer  between the proposed buildings and nearest residential neighborhoods; and 3) The highest  concentration of existing trees and shrubs are on the northeastern portion of the lot;  removing the no‐build line would allow those to remain. Additionally, the historic Odie’s Trail  would be dedicated on the plat as a permanent public trail. She clarified the proposed  buildings would not impact the view corridors, the development would comply with the 30%  open space requirement, which could not include parking lots, sidewalks, emergency access  lanes, etc. The proposed open space will be compact and contiguous.  She stated there would  be another 10% qualified open space on the western portion of the lot (adjacent to Lot 5). Ms.  Liley stated the applicant wanted to ensure the buildings would complement and be  compatible with the Stanley Hotel. This was the reason for the amendment to the EPMC. The  project would be functionally and visually integrated into the Stanley Hotel complex. She  stated there were some technical portions of the development plan that were not complete,  but would be addressed with staff and agencies as soon as possible. She stated the applicant  was willing to comply with the conditions of approval.     David Bangs/project engineer stated there were multiple meetings with the Public Works  Department regarding the stormwater drainage plan.  Discussions revolved around  conceptual design standards to detain the stormwater on site and release it into the existing  drainage systems located at the downstream end of Stanley Village Shopping Center.   Calculations are being finalized and a full report will be submitted on Wednesday, February  19, 2014.  He provided an additional document (posted on the website as Additional Open  Space Exhibit A) outlining the additional open space adjacent to Lot 5 previously mentioned  by Ms. Liley. Any technical questions should be directed to Mr. Bangs.     Barry Smith/corporate architect for applicant stated the proposed development was an  opportunity for Lot 4 to be part of the downtown area. Ideally, dense projects are placed in  areas where they already exist, so this location would be an integral part of downtown and  would create a symbiotic relationship with the downtown area. Mr. Smith was supportive of  the amended plat in order to be able to move the open space to the eastern portion of the  lot, where it was better suited. He reiterated the new buildings would not impact the view  corridors to the Stanley Hotel and Manor House. Concerning the conditions of approval, he  RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 February 18, 2014 Board Room, Estes Park Town Hall stated revisions would be made to comply with the conditions. Additional research would be  conducted on wildlife habitat and migration to ensure the open areas are wildlife‐friendly. Mr.  Smith stated the architectural design of the new buildings would be compatible without being  imposing on the original historic development, and the development would be a year‐round  facility.     Public Comment  Kent Smith/Town resident stated he reviewed the Secretary of the Interior’s rule on historic  preservation, and determined there was enough architectural change to comply with the rule.    Arthur Blume/Town resident objected to removing the no‐build line. He stated building in that  area would not allow wildlife to roam freely in the area and their habitat would be  fragmented.    Johanna Darden/Town resident stated the Town Board did not have the legal right to approve  development applications on property not owned by the applicant. She stated the rezoning  request should not be allowed if the applicant does not own the land in question, and  discouraged the Planning Commission from recommending approval to the Town Board. Her  written comments were placed on the Town web site.     Phil Moenning/County resident supported the staff report, findings, recommendations, and  conditions of approval.    Chris Reveley/Town resident acknowledged Mr. Cullen for making the Stanley Hotel  economically successful. However, he was opposed to the development of Lot 4.     Ed Hayek/Town resident encouraged the Planning Commission to not require the entire  parking area be completed with Phase I, stating the parking areas could be built as needed  with future development of the property. He recommended having an access agreement to  allow public use of the social trail on the property, stating this existing trail is heavily used by  residents of the nearby neighborhood. He encouraged the Commissioners to pay close  attention to the building heights to limit view corridor impacts, and was opposed to any  height in excess of thirty feet.        Sherry Ruth/Town resident stated the Estes Valley is surrounded by open space and wildlife.  The loss of the no‐build area would not have a negative impact, and she supported the  project.        Steve Thorn/County resident supported the rezoning from CO to A, stating the approval of the  rezoning would allow the development to align more with the Stanley Hotel than the Stanley  Village Shopping Center.         RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 February 18, 2014 Board Room, Estes Park Town Hall Bill Ruth/Town resident was supportive of the amended plat, stating open space would still be  maintained on the lot, just in a different location. View corridors would be preserved.      Susan Wolf/County resident encouraged the Commissioners to consider the view impacts  from Lake Estes.      Greg Millikan/Town resident supported the development and looked forward to a view better  than the back of Safeway. He stated the view shed is 360 degrees, not just uphill towards the  hotel.  He was concerned as to whether the allowance of white exterior walls and red roofs  would extend to other areas of the Stanley Historic District.       Anne Morris/County supported the project. She appreciated the designs being complimentary  to the historic architecture of the hotel, and thought the view from the Stanley Hotel to the  southeast would be greatly improved with the approval of this development.      Public comment closed.    Staff and Commission Discussion  Town Attorney White stated the applications presented today are all contingent on the  closing of the sale of Lot 4.   The decisions made by Planning Commission and Town Board  would not go into effect until the transaction closes.  He stressed the importance of voting on  April 1st to determine whether or not Lot 4 is sold to the applicant.     Planner Shirk stated staff recommended all parking areas be completed at the same time.  They could be phased in, but staff would need to be ensured that Phase I would have  adequate parking. Mr. Cullen added he would prefer to begin construction of Phase II  immediately following Phase I, and was not concerned about phasing the parking areas.    Planner Shirk stated staff recommended approval of all aspects of the proposed  EPMC/Anschutz Wellness Training Center, including:  1. The rezoning of Lot 4 from CO–Commercial Outlying to A–Accommodations  2. The amended plat of Lot 4  3. Special Review of the Development Plan (SR 2014‐01)  4. Amendments to the Estes Valley Development Code to provide a three‐year approval  period  5. Amendment to the Estes Park Municipal Code to permit the buildings to be compatible  with the colors and architecture of the Stanley Hotel; and, subject to the following:    Conditions of Approval  1. April 1, 2014 voter approval to allow sale of Lot 4, Stanley Historic District  2. All parking shall be constructed with Phase I  3. Architecture  RECORD OF PROCEEDINGS Estes Valley Planning Commission 8 February 18, 2014 Board Room, Estes Park Town Hall a. Buildings shall be stepped, as demonstrated on Sheet A5.0  b. Sign: The stone base shall match the stone used in other structures on the property  and other free‐standing monument signs  4. The plan must demonstrate compliance with Section 5.1.J Hotels regarding amount of  gross floor area for non‐living quarters.  5. The emergency access lane shall be reduced to 20‐feet in width, include a roll‐over  curb and a concrete sidewalk.  6. The traffic circle shall be widened to the maximum extent feasible. NOTE: After  completion of the staff report, the traffic circle was widened approximately five feet  and will now accommodate a large van or small bus.  7. Traffic study shall be revised to comply with CDOT requests. NOTE: After completion of  the staff report, the applicant made the necessary revisions and the study now  complies with the CDOT standards.  8. Manual of Uniform Traffic Control Devices (MUTCD) wildlife crossing signs are required  on Wonderview Avenue, near the crossing between Lot 5 and the Knoll‐Willows open  space. Design and location shall be determined by staff during Construction Plan  approval process.  9. Landscaping Plan:  a. Landscaping plan shall accommodate elk migration, with trees focused close to  buildings and parking areas, with outlying areas kept natural grasslands (with  irrigation)  b. Landscaping of mechanical areas, trash enclosures, loading areas, and parking lot  perimeter shall be installed with construction of the initial hotel.  c. Comply with Section 7.78.G.1.b Non‐Native Vegetation applies.  10. Building plans shall be revised to comply with EPMC 17.44.060(d)(8) “Facades.”  Compliance shall be demonstrated prior to March 18, 2014.   11. Compliance with the following affected agency comments:  a. Community Development dated February 4, 2014.  b. Public Works dated January 31, 2014.  c. Light and Power dated January 29, 2014.  d. Water Department (Jeff Boles, Cliff Tedder, Steve Rusch) dated February 3, 2014.  e. Estes Valley Fire Protection District dated January 31, 2014.  f. Estes Park Sanitation District (James Duell) dated January 30, 2014.  g. CDOT (Timothy Bilobran) dated January 28, 2014.  h. CPW dated January 29, 2014.    It was moved and seconded (Klink/Hills) to recommend approval of rezoning Lot 4 from CO– Commercial Outlying to A–Accommodations to the Town Board with the findings and  conditions recommended by staff and the motion passed unanimously with one absent.     It was moved and seconded (Bowers/Murphree) to recommend approval of the  amendments to the Estes Park Municipal Code, Chapter 17.44, to the Town Board with the  RECORD OF PROCEEDINGS Estes Valley Planning Commission 9 February 18, 2014 Board Room, Estes Park Town Hall findings and conditions recommended by staff and the motion passed unanimously with  one absent.    It was moved and seconded (Hills/Bowers) to recommend approval of the Amended Plat of  Lot 4, removing the no‐build line and dedicating easements, to the Town Board with the  findings and conditions recommended by staff and the motion passed unanimously with  one absent.    It was moved and seconded (Klink/Hills) to recommended approval of Special Review 2014‐ 01, EPMC/Anschutz Wellness Training Center, to the Town Board with the findings and  conditions recommended by staff and the motion passed unanimously with one absent.    Chair Hull called a five minute recess.  The meeting reconvened at 3:35.     4. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE – Sections 3.3E, 3.5C, & 3.6D    Commissioner Klink recused himself from this item and left the dais.    Town Attorney White stated the proposed amendment to the development code was not  being proposed specifically because of EPMC/Anschutz Wellness Training Center. However, if  approved, it may be applicable to that project. He explained the EVDC currently provides that  approved development and variance applications must start construction within one year of  approval, or the approval will be null and void. The proposed amendment would change the  one year timeframe to three years. He supported the code amendment, stating it is often  difficult for everything to come into place within one year after approval, especially on  complex projects.  Prior to the expiration, the applicant may request a two‐year extension,  which would require approval by the Town Board or County Commissioners. Additionally,  there is a three year vesting period in the Colorado state statutes. The development code is  not in alignment with the state statutes, and the Town would have problems if it needed to  enforce the one‐year approval timeframe.     In regards to the Board of Adjustment, the approval period will remain at one year unless the  variance approval is associated with a special review or development plan project. In that  case, the approval would have three‐year timeframe. The variance would ride with the  project, so if the development plan approval would lapse, the variance approval would also  lapse.      In summary, Attorney White stated larger projects need more time, and the proposed  amendment would provide for the needed time extension.    Staff and Commission Discussion  None    RECORD OF PROCEEDINGS Estes Valley Planning Commission 10 February 18, 2014 Board Room, Estes Park Town Hall It was moved and seconded (Bowers/Murphree) to recommend approval of the amendment  to the Estes Valley Development Code, Sections 3.3.E, 3.5C, and 3.6.D regarding timeframe  for lapses of approval to the Town Board of Trustees and the Larimer County Board of  County Commissioners and the motion passed 5‐0, with one absent and Commissioner Klink  not voting.    Commissioner Klink returned to the dais.    5. REPORTS  A. Senior Planner Shirk reported the Planning Commission will be reviewing the Estes Park  Transit Center & Parking Structure on March 18, 2014.  B. Senior Planner Shirk reported the Town Board agenda for February 25, 2014 will include  The Sanctuary Preliminary Subdivision Plat, Stone Bridge Estates Supplemental  Condominium Map #5, the Final Plat for Stone Bridge Estates Townhome Subdivision, and  the EPMC/Anschutz Wellness Training Center.  C. Senior Planner Shirk reported the Estes Park Medical Center requested their proposal to  expand the north parking lot be tabled until further notice.  D. Director Chilcott reported six proposals were received for the Fall River Master Plan. A  team reviewed the proposals and interviewed three finalists. Walsh Environmental  Scientists & Engineers, LLC was chosen to implement their Fall River Master Plan.  She also  reported on a grant received by the Colorado Water Conservation Board for  approximately $80,000 to apply towards a Fish Creek Master Plan. Staff will be working on  obtaining matching funds before sending out a Request for Proposal (RFP).   E. Commissioner Hills commented for the record how much she appreciated staff’s  preparation for today’s meeting. Attorney White also acknowledge staff’s and the  applicant’s good working relationship which eased a very complex application.         There being no further business, Chair Hull adjourned the meeting at 3:40 p.m.            ___________________________________        Betty Hull, Chair                  ___________________________________        Karen Thompson, Recording Secretary        Town of Estes Park, Larimer County, Colorado, February 19 th, 2014 Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Room 202 in said Town of Estes Park on the 19 th day of February, 2014. Present: Kimberly Campbell Gregg Rounds Stan Black Belle Morris Cory LaBianca Also Present:John Ericson, Town Board Liaison Scott Zurn, Director of Public Works Kevin Ash, Public Works Civil Engineer Jen Imber, Public Works Secretary Sandy Osterman, Shuttle Committee Representative Absent: Thom Widawski Bryon Holmes Ann Finley Kimberly Campbell called the meeting to order at 12:06 p.m. GENERAL DISCUSSION Minutes from the January 16, 2014, TAC meeting were reviewed by members. A minor amendment was proposed, and it was moved and seconded (Black/Morris) to approve the amended minutes, with the motion passing unanimously. Shuttle Committee liaison Sandy Osterman attended and gave a brief overview of the responsibilities and duties of the Shuttle Committee. TAC members questioned the possibility of converting shuttles to electric or natural gas. Ms. Osterman agreed to present the TAC’s questions and interest on this matter to the Shuttle Committee. Belle Morris reported that a few potential candidates had been approached to apply for a position on the committee. The committee will have four vacancies on April 1st, due to the current vacated term and three terms ending on March 31st, 2014. The committee posting will be advertised during the beginning of March, with the posting closing by mid-March. REGULATIONS/GOVERNANCE OF PRIVATE ENTERPRISE The committee continued to discuss issues associated with private businesses that could potentially impact traffic and transit in the Estes Valley. Concerns included proper marketing to differentiate between public transit and private tour businesses, start and stop locations, and avoiding impact to private property and potential impacts to traffic. The committee deliberated the potential need for regulations and governance of private enterprises to moderate impact. Suggestions included a policy requiring new businesses to present proposals before a public venue to allow public input, exploring what similar communities have done in regard to guidelines and policies to govern comparable enterprises, as well as creating guidelines to help staff determine approvals/denials of permits and acceptable routes. The committee will continue discussion of this topic at future meetings. SIGNAGE REVIEW The committee is interested in producing a cohesive look and feel for downtown traffic signage by creating a traffic signage standard for the downtown commercial district. An Transportation Advisory Committee – February 19 th, 2014 – Page 2 artistic custom style of signage with a certain shape and color could also be a branding tool and it could be beneficial to work with Visit Estes Park during development. An architectural standard for traffic signage would allow guests to easily identify the downtown historic district. It was moved and seconded (LaBianca/Rounds) that the committee is interested in making a recommendation to have Director Zurn approach the Town Board for creation of a unique directional/informational signage standard for the downtown district, to be implemented in conjunction with the FLAP project; the motion passed unanimously. DOWNTOWN EMPLOYEE PARKING Sandy Osterman spoke to the shuttle issues related to downtown employee parking. The Shuttle Committee has attempted in the past to address issues of early/late hours of downtown employees, but the extension of shuttle hours to accommodate these very early/late shifts is cost prohibitive. TAC members asked about the cost of additional routes and questioned the viability of potentially keeping one route from the Fairgrounds to downtown open for extended hours. It was proposed that a survey of downtown businesses to determine early/late hours might be beneficial. FLAP PROJECT UPDATE Director Zurn reported that the Town is negotiating the MOA with Central Federal Lands and the agreement will be presented to the Town Board on February 25, 2014. The preliminary engineering and NEPA processes will begin soon after the MOA is completed. Belle Morris requested that bike routes in conjunction with the FLAP project be added as an agenda item for the March meeting. Kimberly Campbell adjourned the meeting at 2:04 p.m. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Phil Kleisler, Planner I/Code Compliance Officer Date: March 25, 2014 RE: AMENDED PLAT, Lot 6, Prospect Mountain Subdivision, 570 Devon Drive, Franz and Carol Peterson/Applicant Objective: Amend an existing platted building envelope to encompass existing structures on the property. No new lots are being created. Present Situation: This is a request to adjust the existing platted building envelope within one (1) parcel. An existing deck and garage corner currently lie outside of the building envelope. The home, located within town limits, was constructed in 1983. The Town does not have permitting records for the existing deck that is located outside the building envelope. Per Estes Valley Development Code (EVDC) Section 13.3.145.c, setback requirements for this lot are 15’ from the front and 10’ from each side (no rear setback). Proposal: Approval of the Amended Plat to amend the existing building envelope to encompass existing structures on the property. Advantages:  This proposal complies with the applicable sections of the Estes Valley Development Code.  Updates plat to accurately reflect the location of the home and deck. Disadvantages: None Current Building Envelope Amended Portions  of Building  Envelope  (proposed) Action Recommended: On Tuesday February 18, 2014 the Estes Valley Planning Commission held a public meeting to discuss the Amended Plat of Lot 6, Prospect Mountain Subdivision. At that time the Planning Commission found: 1. This proposal complies with the applicable sections of the Estes Valley Development Code, including section 3.9E “Standards for Review” and 10.3 “Review Procedures”. 2. Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. 3. This request has been submitted to reviewing agency staff for consideration and comment. The concerns are expressed at this time. 4. Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. The Planning Commission voted unanimously (6-0, one absent) to recommend APPROVAL of the proposed Amended Plat of Lot 6, Prospect Mountain Subdivision. Budget: N/A Level of Public Interest: Low: As of March 4, 2014, no public comment has been received. Sample Motion: I move for the approval/denial of the proposed Amended Plat of Lot 6, Prospect Mountain Subdivision subject to the findings recommended by staff. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Phil Kleisler, Planner I/Code Compliance Officer Date: March 25, 2014 RE: Supplemental Condominium Map, Units 1 & 2, The Meadow Condominiums – Greg Coffman/Applicant. Objective: Review of The Meadows Supplemental Condominium Map application, submitted by applicant Greg Coffman, for compliance with the Estes Valley Development Code. Present Situation: The site is zoned A-Accommodations, and is located at the northwest corner of Mary’s Lake Road and Kiowa Drive. Development Plan DP 06-01 is approved for 35 units. Eight (8) of the 35 units approved on this site have been constructed. Pursuant to state law, condominium units may not be finalized until the units are substantially complete. Because of this, final “supplemental maps will be submitted as the project builds out. According to the procedure set forth in the Estes Valley Development Code, the Final Condominium map proceeds directly to the Board and is not reviewed by the Planning Commission. This proposal complies the applicable standards of the EVDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Unit 6 encroaches into a platted electric easement by one foot. This supplemental map would vacate and relocate the easement. This vacation/rededication requires minor changes, which are outlined as suggested conditions of approval. Proposal: Approving the subject Supplemental Condominium Map will allow sale of the units. This is the third supplemental condominium map, condominiumizing a duplex containing Units One and Two. Units are addressed 311 and 315 Kiowa Trail. Advantages: • Compliance with the Estes Valley Development Code. Disadvantages: None Action Recommended: Staff recommends approval conditional to compliance with Development Plan 06-01 “Marys Meadow.” Budget: N/A Level of Public Interest: No public comment has been received. Sample Motion: I move to Approve (Deny) the Supplemental Condominium Map conditional to: 1) Relocated electric easement shall specify portions that are being relocated to differentiate from those left unchanged. A AA RE E-1 E-1 E 2800 301 190 2625 180 2720 2636 2824 2840 2850 2800 451 2845 2855 26252625 262526252625 26252625 2625 26252625 2625 2625 2625 2625 2625 2625 2625 2625 2625 262526252625 262526252625 26252625 2625262526252625 2625 26252625 2625 26252625 26252625 26252625 2625262526252625 KIOWA DR KIOWA TRL M A R Y S L A K E R D S SAINT VRAIN AVEKI OWA CTPROMONTORY DR0 100 200Feet 1 in = 200 ft ±Town o f Estes ParkCommunity DevelopmentExhibit A Map Printed: 3/11/2014Created By: Phil Kleisler Project Site Town Boundary Parcels-Larimer Zoning Project Name: Project Description: Petitioner(s): The Meadow SuppCondo Map #3Condominiumize two residential/accomodations units. Greg Coffman/Applicant, Owner M A R Y S L A K E R D MARYS LAKE SiteVicinity Ma p A AA RE E-1 E-1 E 2800 301 190 2625 180 2720 2636 2824 2840 2850 2800 451 2845 2855 26252625 262526252625 26252625 2625 26252625 2625 2625 2625 2625 2625 2625 2625 2625 2625 262526252625 262526252625 26252625 2625262526252625 2625 26252625 2625 26252625 26252625 26252625 2625262526252625 KIOWA DR KIOWA TRL M A R Y S L A K E R D S SAINT VRAIN AVEKI OWA CTPROMONTORY DR0 100 200Feet 1 in = 200 ft ±Town o f Estes ParkCommunity DevelopmentExhibit B Map Printed: 3/11/2014Created By: Phil Kleisler Project Site Town Boundary Parcels-Larimer Zoning Project Name: Project Description: Petitioner(s): The Meadow SuppCondo Map #3Condominiumize two residential/accomodations units. Greg Coffman/Applicant, Owner M A R Y S L A K E R D MARYS LAKE SiteVicinity Ma p COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Community Development Director Chilcott Date: March 25, 2014 RE: Ordinance #08-14 – Amending Estes Valley Development Code Section 3.1.E Concurrent Review and Section 3.1.F Application Processing Schedule Objective: Amended the Estes Valley Development Code to clarify that staff has the authority to promulgate processing schedules for related development applications; and In all cases, require review and approval of related development applications by the Planning Commission and Town Board prior to review by the Board of Adjustment. Present Situation: The Estes Valley Development Code does not state whether Board of Adjustment review must occur before or after review by the Planning Commission/Boards. Clearer direction for developers is needed. Proposal: Revise the code as directed by the Town Board of Trustees to require BOA review after Planning Commission and Board review in all cases. Advantages: Described in attached Problem Statement. Disadvantages: Described in attached Problem Statement. Action Recommended: Revise code as directed by Trustees. Budget: Described in attached Problem Statement. Level of Public Interest: Low: Level of public awareness and interest is low. Sample Motion: I move for the approval/denial of Ordinance #08-14. Attachments: 1. Ordinance #08-14 with Exhibit A 2. Planning Commission recommended code amendment 3. Planning Commission 12/17/2013 Minutes 4. Approved Problem Statement ORDINANCE NO. 08-14 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, SECTIONS 3.1.E CONCURRENT REVIEW WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code; and WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, set forth on Exhibit “A.” NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit “A.” Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2014. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2014 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of , 2014, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk Exhibit A March 25, 2014 Page 1 of 1 EXHIBIT A CHAPTER 3 REVIEW PROCEDURES AND STANDARDS §3.1 General Provisions §3.1.E Concurrent Submittal, and Timing of Reviews At the election of the Applicant and with the concurrence approval of the Staff, applications for different types of development approvals may be processed concurrently whenever possible to expedite total review and processing time for a project, except as follows: The Community Development Director shall require that BOA review occur after final action on related development applications by the Decision- Making Body, e.g., the EVPC/Boards. Related development applications include, but are not limited to, rezoning, subdivision, development plan, and special review applications. Exhibit A September 17, 2013 Estes Valley Planning Commission Page 1 of 1 EXHIBIT A CHAPTER 3 REVIEW PROCEDURES AND STANDARDS §3.1 General Provisions §3.1.E Concurrent Review At the election of the Applicant and with the concurrence of the Staff, applications for different types of development approvals may be processed concurrently whenever possible to expedite total review and processing time for a project.The Community Development Director may require concurrent submittal of related development applications. However, in all cases a related BOA application shall be reviewed after final action on related development applications by EVPC. §3.1.F Application Processing Schedule The staff may promulgate a processing schedule for each application. Planning Commission Recommendation RRECORD OF PROCEEDINGS Estes Valley Planning Commission 1 December 17, 2013 Board Room, Estes Park Town Hall Commission: Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers, Nancy Hills, Steve Murphree, Wendye Sykes Attending: Chair Hull, Commissioners Dickey, Bowers, Hills, Murphree, Klink and Sykes Also Attending: Director Chilcott, Planner Kleisler, Town Attorney Greg White, and Recording Secretary Thompson, Larimer County Community Development Director Terry Gilbert Absent: Town Board Liaison Elrod The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Hull called the meeting to order at 1:30 p.m. There were approximately 30 people in attendance. Chair Hull explained the purpose of the Estes Valley Planning Commission and stated public comment is invaluable. Each Commissioner was introduced. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes, November 19, 2013 Planning Commission meeting. It was moved and seconded (Sykes/Bowers) to approve the consent agenda as presented and the motion passed unanimously. 3. DEVELOPMENT PLAN 2013-05 AND PRELIMINARY TOWNHOME SUBDIVISION PLAT, THE SANCTUARY ON FALL RIVER TOWNHOMES, Tract 59A, Amended Plat of Tracts 59, 61, 62, & 63, Fall River Addition Senior Planner Shirk reviewed the staff report. This is a request to develop Tract 59A, Fall River Addition, within the town limits. The application includes both a development plan and a preliminary plat. The applicant is The Sanctuary, LLC (Mark Theiss). The overall property is approximately 12 acres, zoned A–Accommodations. The applicant proposes to develop four free-standing units on the developable portion of the parcel, which is approximately 1.75 acres. Single-family dwellings are permitted in the A–Accommodations zone district, and the applicant’s intent is to use the dwellings for accommodations use; therefore, the project was designed for accommodations use (e.g. wider sidewalks, level streets, etc.). The Planning Commission is the decision-making body for the Development Plan, and the recommending body for the Preliminary Plat and subsequent Final Plat, with the Town Board making the final decision. The property was part of a 2003 amended plat, which established the limits of disturbance to restrict development activity to the lower portion of the property and created a platted 50-foot river setback. The proposed development would comply with the platted setback requirement. Planner Shirk stated the application was routed to all affected agencies and adjacent property owners. An access agreement between the applicant and the owners of Streamside Condominiums is being prepared, so the proposed development could be legally accessed through the Streamside property. Depending on the outcome of the application, the agreement will be finalized. The sewer design has been finalized, and Estes Park Sanitation is supportive of the application. Redesign of the road to the property, agreed upon by both the applicant and the Public Works Department, would widen the bridge and create a two-lane access. The Public Works Department has approved the sidewalk design, which will be ADA compliant. At least one new fire hydrant would be installed, increasing fire protection in the area. The application also included a wildfire mitigation plan, which would benefit the neighborhood. The proposed project would include a centrally located cul de sac to be named RRECORD OF PROCEEDINGS Estes Valley Planning Commission 9 December 17, 2013 Board Room, Estes Park Town Hall It was moved and seconded (Dickey/Murphree) to recommend approval of the Preliminary Plat to the Town Board with the findings and conditions recommended by staff and the motion passed unanimously. It was moved and seconded (Hills/Sykes) to recommend approval of Rezoning Outlots A and B from E–Estate to RM–Multi-Family Residential with the findings and conditions recommended by staff and the motion passed unanimously. It was moved and seconded (Klink/Murphree) to recommend disapproval of Special Review 2013-03 to the Town Board with the findings and recommendations by staff due to the proposed uses of Lots 1 and 2, which do not comply with the use standards of the E–Estate zone district, and the motion pass unanimously. Mr. Igel complimented the Commission on their decision, stating it was a strong statement to the hospital board. The neighbors will continue to work with the hospital. 6. ESTES VALLEY DEVELOPMENT CODE AMENDMENT CONCERNING CONCURRENT REVIEW AND PROMULGATING PROCESSING SCHEDULES Town Attorney White stated the Town Board directed staff to draft an amendment to the Estes Valley Development Code requiring concurrent submittal of development applications. Town Board directed staff to apply the amendment in all cases, so the Estes Valley Board of Adjustment would review the applications after the Town Board and County Commission had reviewed and made decisions on applications. After discussion at the study session, it was determined it was a very complex amendment, would not address all the problems, but would prevent Board of Adjustment approval of a proposed project prior to going to the Planning Commission, Town Board, and/or County Commission. There was brief discussion concerning unintended consequences the amended would bring. Director Chilcott stated the Town Board was clear in their direction, and typically applications for large projects requiring multiple reviews are submitted at the same time allowing a review schedule to be determined. In one particular case, the only application submitted for a proposed complex development was for a height variance, which went to the Board of Adjustment without major sharing of information about the project. Commissioner Hills was supportive of concurrent review. Commissioner Klink was supportive of some flexibility. Director Chilcott stated the Town Board desired to have no flexibility in the amendment, so in all cases the Board of Adjustment would have the final review. The Commission’s consensus was to revise the draft amendment, removing the last three words “and/or Boards.” The proposed draft amendment is as follows: Section 3.1.E Concurrent Review At the election of the applicant and with the concurrence of the Staff, applications for different types of development approvals may be processed concurrently whenever possible to expedite total review and processing time for a project. The Community Development Director may require concurrent submittal of related development applications. However, in all cases a related BOA application shall be reviewed after final action of related development application by EVPC and/or Boards. Section 3.1.F Application Processing Schedule The staff may promulgate a processing schedule for each application. It was moved and seconded (Klink/Murphree) to recommend approval of the proposed text amendment to the Estes Valley Development Code as described in Exhibit A to the Estes Park Town Board and the Larimer County Board of County Commissioners with a slight RRECORD OF PROCEEDINGS Estes Valley Planning Commission 10 December 17, 2013 Board Room, Estes Park Town Hall change, removing “and/or Boards” from the last sentence in Section 3.1.E. and the motion passed unanimously. 7. REPORTS A. Director Chilcott reported the Estes Park Transit Facility and Parking Structure, originally on a fast-track schedule has been slowed down due to the flood. The tentative Planning Commission review schedule is February, 2014 depending on details of the review process. B. Director Chilcott reported the Anschutz Wellness Center at the Stanley Hotel special Planning Commission meeting scheduled for December 9, 2013 was cancelled when the applicant withdrew the application. Plans are being revised, and we are anticipating a new submittal with a possible February review. The new application review process would not be expedited, and would be completed by staff. C. Planner Shirk reported the Wildfire Development Plan applicant has requested a continuance. The property owner has ceased the use of the saw mill. Staff continues to communicate with the applicant to determine the future status of the application. D. Planner Shirk reported the Town Board approved the Al Fresco Place Amended Plat and Supplemental Map #4 for Stonebridge Estates Condominiums were approved in November. E. Planner Shirk reported he will begin meeting with the County Commissioners again, now that Hwy 34 has reopened. F. Planner Shirk reported going on a site visit to view monopine cell towers. These towers can be placed in forested areas, and resemble pine trees. Cell tower reviews are conducted at staff level. G. Planner Shirk reported the Board of Adjustment would be reviewing a variance for the fire truck turnaround would be heard on January 7, 2014. H. Planner Kleisler reported the modernization of the Comprehensive Plan was put on hold following the flood. An amended timeline was distributed to the Planning Commission at the study session. Staff is ready to begin again with work on the modernization, with a completion date targeted for July, 2014. The changes would require review by the Planning Commission, Town Board, and County Commission. I. Director Chilcott stated the Town applied for and received funding for a Fall River Master Plan, $94,000 from the Natural Resource Conservation Service and $50,000 from the Community Foundation. The Town is hoping to obtain grants to produce new floodplain maps. Funds to restore Fish Creek have been applied for. Several meetings are planned with property owners to inform them as to what resources are available. Shellie Tressell has been assisting the department with grant writing. J. Planner Shirk reported the Estes Valley Recreation and Park District was the recipient of a $35,000 GoCo grant to update the trails plan in the Estes Valley. K. Chair Hull stated she was proud of how the Planning Commission handled the review process for the Hospital Parking Lot Expansion. There being no further business, Chair Hull adjourned the meeting at 4:15 p.m. ___________________________________ Betty Hull, Chair ___________________________________ Karen Thompson, Recording Secretary To:Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From:Alison Chilcott, Director Date:October 8, 2013 RE:Revised Problem Statement for Estes Valley Development Code Text Amendment Concurrent Review and Promulgating Processing Schedules Objective: Obtain policy direction on revisions to the Estes Valley Development Code (EVDC). Present Situation: The EVDC allows an applicant to request concurrent processing of different types of development approvals to expedite total review and processing time for a project. The EVDC also authorizes staff to promulgate processing schedules for each application. Proposal: During a Town Board study session, the Trustees requested staff draft text amendments to the EVDC to: 1. Clarify that staff has the authority to promulgate processing schedules for related development applications; and 2. In all cases, require review and approval of related development applications by Planning Commission and Town Board prior to review by the Board of Adjustment. Advantages: 1. Increased clarity about staff’s authority to promulgate processing schedules for related development applications; and 2. Clear policy direction on when Board of Adjustment review shall occur. Disadvantages: 1. Time and cost to process Estes Valley Development Code text amendment; 2. Slightly more regulatory language; and Community DevelopmentMemo Page 1 3. Potential for longer review times for developers waiting on Board of Adjustment decision on a non-controversial/minor variance request. Action Recommended: Direct the Estes Valley Planning Commission to review and forward a text amendment to the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners to: 1. Clarify that staff has the authority to promulgate processing schedules for related development applications; and 2. In all cases, require review and approval of related development applications by Planning Commission and Town Board prior to review by the Board of Adjustment. Code language shall be reviewed and approved by the Town Attorney prior to Planning Commission review. Code language shall provide examples of processing schedules. Budget: Staff Time:15 hours (Estimated) Legal Notice, Publication, and Codification Fees: Minimal (Estimated at $300) Level of Public Interest: Low Sample Motion: I move to direct the Estes Valley Planning Commission to review and forward an Estes Valley Development Code text amendment to the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners as described in the problem statement. Page 2 Ordinance No. 09-14 - Agreement to Amend Contract – Sale of Lot 4, Stanley Historic District Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Greg White, Town Attorney Date: March 17, 2014 RE: Ordinance No. 09-14 - Agreement to Amend Contract – Sale of Lot 4, Stanley Historic District Objective: Review, and if appropriate, adopt Ordinance No. 09-14 which approves the Agreement to Amend Contract for the purpose of amending Section 6(d) of the Contract To Buy and Sell Real Estate between the Town, the Seller, and Grand Heritage Hotel Group, LLC, the Buyer, dated January 10, 2014. The purpose of the amendment is to extend the contingency in the Contract for the Buyer and the Park Hospital District to execute a lease from March 11, 2014 to March 26, 2014. Present Situation: On January 6, 2014, the Town Board adopted Ordinance No. 01-14 which approved the Contract To Buy and Sell Real Estate between the Town and the Buyer for the purchase of Lot 4, Stanley Historic District Subdivision. The Contract was signed by both parties on January 10, 2014. Section 6 (d) of the Contract provided as follows: (d) Hospital District Lease. This Contract is also expressly conditional and contingent upon execution of the Hospital District Lease prior to March 11, 2014, on terms and conditions acceptable to Buyer and the Hospital District in their sole discretion. The Hospital District delivered to the Town a document dated February 25, 2014, which outlined the terms and conditions of the Lease Agreement, but was not in lease agreement form. Subsequently, a Lease Agreement dated March 11, 2014, between the Buyer and the Park Hospital District was delivered to the Town on March 17, 2014. The Agreement to Amend Contract extends the time to file the Lease with the Town until March 26, 2014. No other terms or conditions of the Contract are affected by the Agreement to Amend Contract. Proposal: Adoption of Ordinance No. 09-14 in order to approve the Agreement to Amend Contract to extend the time to file the Lease with the Town to March 26, 2014. Intergovernmental Agreement for Repair of the Fish Creek Corridor 2 Advantages: Adoption of Ordinance No. 09-14 approves the Agreement to Amend Contract and extends the time to file the Lease with the Town to March 26, 2014. Disadvantages: None Action Recommended: Approve Ordinance No. 09-14. Budget: There are not budget implications for this action. Level of Public Interest Low Sample Motion: I move to adopt/not adopt Ordinance No. 09-14. 1 ORDINANCE NO. 09-14 AN ORDINANCE APPROVING AN AMENDMENT TO THE CONTRACT TO BUY AND SELL REAL ESTATE FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT SUBDIVISION TO GRAND HERITAGE HOTEL GROUP, LLC WHEREAS, the Town Board adopted Ordinance No. 01-14 on January 6, 2014, which approved the Contract to Buy and Sell Real Estate for the Sale of Lot 4; and WHEREAS, it is necessary to amend Section 6 (d) of the Contract relating to the Lease between the Buyer and the Park Hospital District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Agreement to Amend Contract, as more fully set forth on Exhibit A, is approved; and the Mayor or, in the absence thereof, the Mayor Pro Tem is authorized and directed to execute the Agreement to Amend Contract for and on behalf of the Town. 2. The Board of Trustees hereby finds, determines and declares this Ordinance is necessary for the immediate preservation of the health, safety and welfare of the Town and its citizens, and therefore, this Ordinance shall take effect immediately upon its passage and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of ____________, 2014. TOWN OF ESTES PARK Mayor 2 ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the ________day of _____________, 2014 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of __________________, 2014. Town Clerk AGREEMENT TO AMEND CONTRACT March 25, 2014 RE: Contract dated January 10, 2014 between Grand Heritage Hotel Group, LLC, a foreign limited liability company (Buyer) and The Town of Estes Park, Colorado, a municipal corporation (Seller) relating to the sale and purchase of the following described real estate in the County of Larimer, Colorado; to wit: Lot 4, Plat of Lots 3, 4, 5, 6, 7, 8, and 9 of the Stanley Historic District Subdivision of a portion of Tracks 4 and 5, Stanley Addition to Town of Estes Park, Larimer County, Colorado. (hereinafter referred to as “the Contract”). Buyer and Seller hereby agree to amend paragraph 6(d) of the Contract in its entirety as follows: 1. (d) Hospital District Lease. This Contract is also expressly conditional and contingent upon execution of Hospital District Lease prior to March 26, 2014, on terms and conditions acceptable to the Buyer and the Hospital District in their sole discretion. This Amendment is effective as of March 11, 2014, regardless of the date on which it is executed. All other terms and conditions of the Contract shall remain the same. SELLER: The Town of Estes Park, Colorado a municipal corporation By:____________________________________ Name:__________________________________ Title:___________________________________ BUYER: Grand Heritage Hotel Group, LLC a foreign limited liability company By:____________________________________ Name:__________________________________ Title:___________________________________ PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: March 25, 2014 RE: George Hix Memorial Sculpture & Plaque Objective: Town Board approved the renaming of Riverside Plaza. This item of consideration is the review of the dedication plaque and associated commemorative bronze artwork. These permanent installations are to be installed commemorating the contributions of Mr. Hix to the Estes Park community. Present Situation: Gary Klaphake, previous Town Administrator, addressed the PUP committee on February 14, 2013, about the possible renaming of Riverside Plaza in recognition of the life and community contributions of prominent citizen George Hix. This was approved by the Town Board on July 23, 2013. Town Staff and the Hix family have agreed to the following: The Hix family would like to offer for consideration the renaming of Riverside Plaza to George Hix Riverside Plaza. In conjunction with the renaming, the Hix family would contribute a bronze plaque (see attached) and a life-size bronze saddle (photo on right) to be set over a granite boulder to simulate a natural interactive piece of artwork that would simulate a saddle thrown over a boulder after removing the saddle from the horse for the last ride. The family will donate the saddle and plaque along with $10,000 for the purchase of the boulder and installation of the project. Proposal: Staff proposes to accept these donations and complete installation upon approval from the board. After completion, staff will coordinate an unveiling of the new artwork and renaming of the park with the Hix family. Action Recommended by Staff: Staff supports the concepts of this proposal from the Hix family and recommends approval of the project. Staff feels this artwork is consistent with existing pieces and is an interactive piece of artwork that we predict to be a very popular addition to the public art program. Budget: Private funding and donations. Level of Public Interest This item is a moderate level of interest with the community. Sample Motion: I move for the approval/denial of the installation of the bronze saddle and associated plaque commemorating the renaming of Riverside Plaza to George Hix Riverside Plaza to in recognition of the contributions of Mr. George Hix. Attachments: Photo of the bronze plaque and accompanying text commemorating the George Hix Riverside Plaza. George J. Hix Riverside Plaza Dedicated to George Hix who served Estes Park as a businessman, community leader and volunteer, this plaza area was made possible by his foresight in preserving open space and in creating a venue for public art. Hix’s leadership role in the Estes Park Urban Renewal Authority helped to make this plaza possible after the earthen dam of Lawn Lake broke and caused a flood devastating the downtown and surrounding areas on the sunny morning of July 15, 1982. Three deaths and an estimated $31 million in damages resulted. As a Town Trustee, Mayor Pro Tem, and heading up positions on the Planning Commission, Recreation District, Chamber of Commerce, Land Trust and many others, Hix served the community with pride and countless hours. George’s passions were interwoven with the Estes Park Valley and the placement of this bronze saddle commemorates his love of western culture and encourages his desire for guests to ‘enjoy Estes Park and stay awhile’. Take time to sit in this saddle, smile and breathe in the fresh mountain air of Estes Park and remember that this part of Estes Park is here because of people like George who worked to create Riverside Plaza, to fund public art and to devote his time for everyone’s enjoyment of the Estes Valley. George J. Hix 1928 - 2010       Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Bo Winslow, Director Date: March 25, 2014 RE: Purchase of Portable Stalls for Pavilion Objective: Purchase portable stalls for the Pavilion Present Situation: This is a new building and the Town does not own stalls to furnish the building. Proposal: Staff has budgeted in the construction budget money to purchase these stalls. See price quotes below. Company Specs Shipping included Quantity Price Per Total Price  Tarter  10x12  Galvanized Yes 95 $1,341.08 $127,403.00  Ramm  10x12  Galvanized No 95 $1,526.32 $145,000.00  Triton  10x12  Galvanized Yes 95 $1,252.63 $119,000.00  American  10x12  Galvanized Yes 95 $1,195.26 $113,550.00  Chinook  10x12  Galvanized  Product not  available          While American is the low bid, in a comparison of product used and quality of stall, staff is recommending purchasing the Triton Stalls. Triton has a heavier product that will last longer and hold up to the moving in and out. Triton also uses a latch system that is self- contained and will save staff time in set-up. Staff has worked with the American Stalls in the past and has concerns about how light duty they are. Advantages: Stalls can be paid for in 4 years if they are purchased. Disadvantages: Life expectancy of these is 15-20 years. There will be minor maintenance on the stalls each year. Action Recommended: Approve purchase of stalls from Triton Barn Systems. Budget: The money for this purchase will come from the construction budget and is within what was budgeted for this item. Level of Public Interest Staff feels there is minimal public interest in this purchase. Sample Motion: I move to approve/deny the purchase of stall from Triton Barn Systems. Attachments: Pictures of stalls attached. Ordinance Amending Sections 2.08.010 and 2.28.020 of the Municipal Code Town Attorney & Administrator Memo To: Honorable Mayor Pinkham Board of Trustees From: Greg White, Town Attorney Frank Lancaster, Town Administrator Date: March 21, 2014 RE: Ordinance Amending Sections 2.08.010 and 2.28.020 of the Municipal Code. Amend Policy Governance Sections 2.3 and 3.13 Objective: Amend Section 2.08.010 Committees of the Municipal Code to reflect the current two standing committees of the Town and delete (6) of Section 2.28.020 Functions and Duties to remove the requirement of the Town Administrator to file an administrative organization plan of the Town. Add a requirement to the Staff Limitations Section of Policy Governance requiring the Town Administrator to maintain an Organizational Plan and adding this new requirement to the periodic review schedule for the Town Administrator. Present Situation: This Ordinance amends the Municipal Code to reflect the current appointment of two standing committees and the determination of the Town Board to remove the requirement of an administrative organization plan of the Town be presented by the Town Administrator to the Town Board. The applicable Policy Governance provision shall be changed to add the requirement of an organizational chart as part of Policy Governance. Advantages: Amends the Municipal Code to reflect the current practices of the Town for two standing committees and removing the requirement of an administrative organizational chart from Section 2.28.020 (6) of the Municipal Code to a more appropriate reference in Policy Governance. Disadvantages: None. Action Recommended: The Staff recommends adoption of Ordinance No 10-14 and the addition of Policy Governance 3.13 and revision of Policy Governance section 2.3 Budget: There are no budget implications resulting from the adoption of Ordinance No. 10-14 or the revisions to the two sections of Policy Governance policies. Level of Public Interest Low. Sample Motion: I move to approve/deny Ordinance No. 10-14 Amending Sections 2.08.010 and 2.28.020 of the Municipal Code. I move to approve/deny the addition of Policy Governance Section 3.13, Town Organizational Plan. I move to approve/deny the revision of Policy Governance Section 2.3 to include review of the new section 3.13 in the Town Administrator Performance Expectations Review Schedule 1 ORDINANCE NO. 10-14 AN ORDINANCE AMENDING SECTIONS 2.08.010 AND 2.28.020 OF THE MUNICIPAL CODE WHEREAS, the Town Board of Trustees desires to update two Sections of the Municipal Code to properly reflect the current number of standing committees and duties of the Town Administrator. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Section 2.08.010 Committees of the Municipal Code shall be amended to read as follows: At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: Community Development/Community Service and Public Safety/ Utilities/Public Works. 2. Sub-Section 2.28.020 (6) Functions and Duties shall be deleted in its entirety. 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado this _________ day of _______________, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 2 I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the ________day of _____________, 2014 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of __________________, 2014. Town Clerk     Effective Period: Until Superseded  Review Schedule: After each municipal election   Effective Date: March 26, 2014  References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles      TOWN BOARD POLICY GOVERNANCE  BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES   101    Revisions: Draft 3/25/2014    Deleted: February 13, 2013 Deleted: 4/10/13 1. Purpose The Board of Trustees has many varied responsibilities. In order to effectively use  their time, the Board finds it necessary to divide duties and responsibilities among the Board  members.  2. Assignments To Ongoing Committees: At the first regular meeting following the certification of  the results of each biennial election, the Board of Trustees determines each Board and  Commission Primary Liaison assignments and responsibilities for the remainder of the term of  the current standing Town Board.    a. Interim Assignments:  Should the Board deem it necessary to create a new liaison  assignment or to modify assignments at some time other than as described in 101.2,  the Board may do so at any regular meeting of the Board.    3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of  members of the Board of Trustees)    a.    Assignments to Standing Committees: “At the first regular meeting following the  certification of the results of each biennial election, the Mayor shall appoint three (3)  Trustees to the following standing committees: community development, public  safety, public works and utilities.” (Estes Park Municipal Code 2.08.010)     i. Assignment of Standing Committee Chairs – At the meeting where the Mayor  appoints the trustees to the two standing committees, the Mayor shall also  appoint a trustee to serve as the Chair of the committee.    b. Assignment to Special Committees: Special committees may be established by the  Board of Trustees. The Mayor shall appoint all members of any special committee  subject to the approval of the Board of Trustees. (Estes Park Municipal Code  2.08.020)        4. Appointment of Mayor Pro‐ Tem:  “At its first meeting following the certification of the  results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as  Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees,  Deleted: At their second meeting following the Board election     Effective Period: Until Superseded  Review Schedule: After each municipal election   Effective Date: March 26, 2014  References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles      TOWN BOARD POLICY GOVERNANCE  BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES   101    Revisions: Draft 3/25/2014    Deleted: February 13, 2013 Deleted: 4/10/13 or during the Mayor's absence from the Town or his or her inability to act, shall perform his or  her duties.” (Estes Park Municipal Code 2.16.010)      5. Special Assignments to Ad‐Hoc and Temporary Committees:  The Mayor may appoint  trustees to serve on temporary committees, community groups, or in some other capacities  as a representative of the Town, except in cases where a Board Liaison has been approved by  the Board of Trustees (Policy 1.7.)  The Mayor shall inform the entire board of any special  assignments and will make every effort to distribute special assignments equitably among the  members of the Board.     6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102,  Town Committees, “Applicants for all committees will be interviewed by the Town Board, or  its designees. Any designees will be appointed by the full Town Board.”    7. Outside Committees – Outside committees are committees or boards where the Town is  represented by a member of the Board of Trustees and/or staff.  These are not committees of  the Town of Estes Park and therefore the rules and guidelines for membership are those of  the outside entity not the Town.  At times, they may request that the Trustees assign an  individual(s) to represent the Town, however they may also request a specific individual or  position as the Town’s representative to the committee.       Deleted: and interview panels    Effective Period: Until Superseded Review Schedule: After each municipal election  Effective Date: March 26, 2014 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles   TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES  101  Revisions: Draft 3/25/2014  Deleted: February 13, 2013Deleted: 4/10/13Board Assignments    Board and Commission and Community Representation Board, Commission or Task Force LiaisonStaff LiaisonType of CommitteeCreative Sign Design Review Board  Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Elrod Alison Chilcott Advisory/ Decision MakingEstes Valley Board of Adjustment  Alison Chilcott Decision making Western Heritage Inc  Trustee Koenig Bo Winslow Outside Estes Park Museum Friends and Foundation Inc.Derek FortiniOutsideAmbassadors  Teri Salerno Outside Police Auxiliary  Wes Kufeld Working Group Parks Board Trustee Ericson  Advisory Transportation Advisory Committee Trustee Ericson Scott Zurn Advisory Senior Center Inc Lori  MitchellOutsideEstes Valley Restorative Justice  Melissa Westover Working Group Local Marketing District (Visit Estes Park)  Trustee Norris  Outside Estes Park Housing Authority  Trustee Blackhurst  Outside Estes Park Board of Appeals  Alison Chilcott Advisory/Decision Making Larimer County Open Lands Board  Trustee Phipps  Outside Deleted: Tree Deleted: Shuttle Committee... [1]   Effective Period: Until Superseded Review Schedule: After each municipal election  Effective Date: March 26, 2014 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles   TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES  101  Revisions: Draft 3/25/2014  Deleted: February 13, 2013Deleted: 4/10/13Sister Cities Trustee Koenig  Working Group Economic Development Ad Hoc Task Force Trustee Norris Lowell Richardson Outside Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Pinkham,  Trustee Ericson Steve McFarland Advisory Estes Park Housing Authority  Trustee BlackhurstOutsidePlatte River Power Authority Board of Directors Mayor Pinkham Reuben Bergsten Outside Public Works/Public Safety Committee Trustees Blackhurst, Koenig and Phipps Board Committee Community Development/ Community Services Committee Trustees Ericson, Norris, Elrod  Board Committee Larimer County Open Lands Board Trustee PhippsOutsideCommunity Grant Review Committee Trustee Ericson, Trustee Koenig, Jackie Williamson  Board Committee Estes Park Economic Development Corporation Board of Directors Mayor Pinkham, Frank Lancaster  Outside  Formatted: StrikethroughFormatted: Strikethrough Page 3: [1] Deleted Frank Lancaster 3/12/2014 11:40:00 AM Shuttle Committee Brian Wells Advisory   Adopted 6-11-2013 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 2. Board/Staff Linkage Policy 2.0 Governance - Management Connection Policy 2.1 Delegation to the Town Administrator Policy 2.2 Town Administrator Job Description Policy 2.3 Monitoring Town Administrator Performance Policy 2.4 Town Attorney Adopted 6-11-2013 2 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.0 POLICY TITLE: GOVERNANCE - MANAGEMENT CONNECTION The Board of Trustees’ official link to the operation of departments of Town Government and staff is the Town Administrator. 2.1 The Board of Trustees’ job is generally confined to establishing the broadest policies; implementation and subsidiary decision making is delegated to the Town Administrator. 2.2 As the Board’s primary link to the operations of Town government, the Town Administrator’s performance will be considered to be synonymous with organizational performance (within the scope of the Town Administrator’s authority). 2.3 Monitoring Town Administrator performance is synonymous with monitoring organizational performance against Board policies and Staff Limitations. Any evaluation of Town Administrator performance, formal or informal, may be derived only from these monitoring criteria. Adopted 6-11-2013 3 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.1 POLICY TITLE: DELEGATION TO THE TOWN ADMINISTRATOR The Board of Trustees’ job is generally confined to establishing the broadest vision and policies. Implementation and subsidiary decision making is delegated to the Town Administrator as specified in the Estes Park Municipal Code 2.28. 2.1.1 Only decisions of the Board of Trustees, by majority vote, are binding on the Town Administrator. 2.1.2 With the exception of the Town Attorney and the Municipal Judge, the Town Administrator shall have line authority over all Town departments. This authority shall include supervision and control over day to day functions and management decisions required to carry out the objectives of the Board of Trustees. 2.1.3 The policies, goals and objectives of the Board of Trustees direct the Town Administrator to achieve certain results; the policies permit the Town Administrator to act within acceptable boundaries of prudence and ethics. With respect to the policies, the Town Administrator is authorized to make all decisions, take all actions and develop all activities as long as they are consistent with any reasonable interpretation of the policies of the Board of Trustees. 2.1.4 The Board of Trustees may change its policies, thereby shifting the boundary between Board and Town Administrator domains. Consequently, the Board may change the latitude of choice given to the Town Administrator, but so long as any particular delegation is in place, the Board will respect and support the Town Administrator’s choices. The Board will not allow the impression that the Town Administrator has violated policy when the Town Administrator supports an existing policy. 2.1.5 No individual member of the Board of Trustees has authority over the Town Administrator. Information may be requested by individual Board members, but if such request, in the Town Administrator’s judgment, requires a material amount of resources or is detrimental to other necessities, the Town Administrator may ask for majority Board action on such a request. 2.1.6 It is understood that at times it may be in the best interest of the Town to waive or grant exceptions to adopted Board policy. The Town Administrator shall request Board approval for any policy waiver or exception prior to its implementation. 2.1.7 Should the Town Administrator deem it necessary to, or inadvertently, violate a Board policy, he or she shall promptly inform the Board of Trustees. Informing is simply to guarantee no violation may be intentionally kept from the Board, not to request approval. Board response, either approving or disapproving, does not exempt the Town Administrator from subsequent Board judgment of the action. Adopted 6-11-2013 4 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.2 POLICY TITLE: TOWN ADMINISTRATOR JOB DESCRIPTION As the Board’s primary link to the operations of Town government, the Town Administrator’s performance will be considered to be synonymous with organizational performance (within the scope of the Town Administrator’s authority). The Town Administrator’s job contributions can be stated as performance in two areas: 2.2.1 Board outcomes are met and policies are followed. 2.2.2 Town government operation within the boundaries established in Board policies on STAFF LIMITATIONS. 2.2.3 The official job description for the Town Administrator shall be the as adopted by the Town Board and as incorporated by reference in the Employment Agreement between the Town and the Town Administrator. Adopted 6-11-2013 5 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.3 POLICY TITLE: MONITORING TOWN ADMINISTRATOR PERFORMANCE The Board of Trustees will systematically and rigorously monitor Town Administrator job performance to determine the extent to which goals are being achieved and whether operational activities fall within boundaries established in management limitations policies. Accordingly: 2.3.1. The purpose of monitoring is simply to determine the degree to which Board policies are being met. Information which does not do this will not be considered to be monitoring. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can focus on creating the future. 2.3.2. A given policy may be monitored in one or more of three ways: (a) Internal Report: Disclosure of compliance information to the Board of Trustees from the Town Administrator. (b) External Report: Discovery of compliance information by a disinterested party who is selected by and reports directly to the Board of Trustees. Such reports must assess executive performance only against policies of the Board, not those of the external party unless the Board has previously indicated that party’s opinion to be the standard. (c) Direct Board Inspection: Discovery of compliance information by a Board member or the Board of Trustees as a whole. This is a Board inspection of documents, activities or circumstances directed by the Board which allows a “prudent person” test of policy compliance. 2.3.3 In every case, the Board of Trustees will judge whether (a) the Town Administrator’s interpretation is reasonable, and (b) whether data demonstrate accomplishment of, or compliance with, the Town Administrator’s interpretation. 2.3.4 In every case, the standard for compliance shall be “any reasonable Town Administrator interpretation” of the Board of Trustees’ policy being monitored however, the Board of Trustees is the final judge of reasonableness, and will always judge with a “reasonable person” test (what a reasonably prudent person would do in that context). Interpretations favored by individual board members or by the Board of Trustees as a whole do not constitute a “reasonable person” test. 2.3.5 Actions determined to be not compliant with a reasonable interpretation of Board of Trustees’ policies will be subject to a remedial process agreed to by the Town Board. Adopted 6-11-2013 6 2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town Administrator which will include a summation examination of the monitoring data acquired during that period. Town Administrator Performance Expectations Review Schedule Policy Metho Frequen Schedule 3.0 General Executive Constraint Internal Annually March 3.1 Customer Service Internal Annually March 3.2 Treatment of Staff Internal Annually March 3.3 Financial Planning/Budgeting Internal Quarterly Apr., July, Oct., Jan. 3.4 Financial Condition & Activities Internal Annually March External Annually June 3.5 Asset Protection Internal Annually March 3.6 Emergency Town Administrator Backup and replacement Internal Annually March 3.7 Emergency Preparedness Internal Annually April 3.8 Compensation and Benefits Internal Annually September 3.9 Communication and Support to the Board Internal Annually March 3.10 Capital Equipment and Improvements Internal Annually March 3.11 Quality of Life Internal Annually March 3.12 Internal Procedures Internal Annually July 3.13 Town Organizational Plan Internal Annually July Revised 3-25-2014 Adopted 6-11-2013 7 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.4 POLICY TITLE: TOWN ATTORNEY The Town Attorney represents the Board of Trustees as specified in the Estes Park Municipal Code 2.24.020 (3) and anyone acting on its behalf so long as they are not acting in conflict with the Board of Trustee or its policies. 2.4.1 Ethical Obligation of Town Attorney 2.4.1.1 The Town Attorney at all times will be guided by, and subject to, the Colorado Rules of Professional Conduct for Attorneys and specifically Rule 1.13 Organization as Client 2.4.2 Accountability of the Town Attorney - 2.4.2.1 The Town Attorney shall report directly to the Town Board. The purpose of the Town Attorney is to ensure that the Board’s actions take place with competent and prudent legal counsel and representation. 2.4.2.2 The Town Attorney is accountable to the Board acting as a body, never to any individual Board member or group of members, nor to the Town Administrator. 2.4.2.3 If individual Board members request information or assistance without Board authorization, the Town Attorney may refuse such requests that require, in his/her opinion, an inappropriate amount of staff time or funds or is disruptive. In such a case, the requesting member may choose to bring the request to the Board. 2.4.2.4 Town Attorney accountability is for all resources, including personnel, under his or her control. Therefore, any accomplishments or violations due to actions of a subordinate of the Town Attorney are considered to be accomplishments or violations by the Town Attorney. 2.4.2.5 The Town Attorney may accomplish the “Job Products” of the position in any manner not imprudent, unethical, or in violation of the prohibitions listed below under “Limitations on Town Attorney Authority.” 2.4.2.6 The Town Attorney may use any reasonable interpretation of Board policies as they pertain to his/her authority and accountability. The Town Attorney is authorized to establish all further policies, make all decisions, take all actions and develop all activities as long as they are consistent with any reasonable interpretation of the Board’s policies. 2.4.3 Job Products of the Town Attorney Adopted 6-11-2013 8 2.4.3.1 Timely opinion on documents and contemplated decisions or actions of the Board, the Town Administrator or other Town Officials holding the authority to make such decisions. Requests to the Town Attorney to provide opinions about the wisdom of policy of decisions shall be discouraged. 2.4.3.2 Timely opinion on the legal ramifications of pending or actual laws, regulations, court decisions, and pending or threatened litigation. 2.4.3.3 Timely opinion on the legality or propriety under the law of the Board’s processes. 2.4.2.4 Timely opinion on the legality or propriety under the law of pending or actual acts or omissions of any Trustee, Board, Committee, Commission, the Town Administrator or other Town employee or official. 2.4.3.5 When requested or appropriate, alternate language or action to achieve Board or Town Administrator intentions in a lawful manner. 2.4.3.6 Timely and thoughtful advice and recommendations on the range of legal options available. 2.4.3.7 The Town Attorney shall endeavor to provide professional advice based upon the law as determined by the Town Attorney and also other considerations as may be appropriate to the decision. The Town Attorney should refrain from influencing policy based upon the personal belief of the attorney. 2.4.3.8 Litigation: (i) Advice regarding avoidance of litigation or settlement of potential litigation. (ii) Timely provision to the Board and the Town Administrator on the status of settlement negotiations and all threatened/actual litigation. (iii) Settlement of litigation, with authority as obtained from the Board. (iv) Diligent and competent representation of the Board, the Town, and the Town’s officer’s agents and employees in litigation. (v.) The Town may carry out its obligation to defend Town officials and employees from third party claims by using the services of the Town Attorney’s office. The Town Attorney will be responsible for determining conflicts of interest in such defense and advise the Board and individuals involved. The Town Attorney may advise the Board to retain separate counsel to represent the Town, its individual officials, and/or employees. 2.4.3.9 Adequately brief the board on emerging legal issues and trends affecting the Town. 2.4.4 Limitations on Town Attorney Authority. The Town Attorney shall not: 2.4.4.1 Exercise authority over Town Administrator or staff. Adopted 6-11-2013 9 2.4.4.2 Violate applicable codes of professional ethics and conduct. 2.4.4.3 Treat the public or staff in a disrespectful or unfair manner. 2.4.4.4 Incur expenditures or fiscal encumbrances beyond those authorized under Board Policy. 2.4.4.5 Unreasonably withhold information from the Town Administrator, nor shall the Town Attorney fail to cooperate with the Town Administrator in the performance of his/her official functions. 2.4.5 Evaluation of Town Attorney performance. 2.4.5.1 Town Attorney accountability is only for job expectations explicitly stated by the Board in this document. Consequently, the provisions herein are the sole basis of any subsequent evaluation of Town Attorney performance, though he or she may use any reasonable interpretation of the Board’s words. 2.4.5.2 The Board of Trustees will monitor the Town Attorney’s performance with respect to these expectations on a routine basis. 2.4.5.3 Any modification to the compensation paid the Town Attorney shall be as specified in the Estes Park Municipal Code, section 2.24.030. 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 3. Staff Limitations Policy 3.0 General Town Administrator Constraint Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.3 Financial Planning Policy 3.4 Financial Condition and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.7 Emergency Preparedness Policy 3.8 Compensation and Benefits Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 General Town Administrator Constraint – Quality of Life Policy 3.12 General Town Administrator – Internal Operating Procedures Policy 3.13 Town Organizational Plan 2 POLICY TYPE: STAFF LIMITATIONS POLICY 3.0 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT Within the scope of authority delegated to him/her by the Board of Town Trustees, the Town Administrator shall not cause nor allow any practice, activity, decision or organizational circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics. 3.1 The quality of life in the Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our citizens. 3.2 With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions that are unsafe, unfair or undignified. 3.3 With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. 3.4 With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. 3.5 Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. 3.6 In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no less than two other member(s) of the Town management team familiar with Board and Town Administrator issues and processes. 3.7 The Town Administrator shall have an Emergency Preparedness Process in place for the coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3 3.8 With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity. 3.9 The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. 3.10 With respect to planning for and reporting on Capital Equipment and Improvements Programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. 3.11 With respect to Town government's quality of life for the community the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility and community interests. 3.12 With respect to internal operating procedures, the Town Administrator will insure that the Town may not fail to have internal procedures for the well being of the Town to promote effective and efficient Town operations. 4 POLICY TYPE: STAFF LIMITATIONS POLICY 3.1 POLICY TITLE: CUSTOMER SERVICE 3.1 The quality of life in The Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our citizens. 3.1.1 The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 Prompt action is provided to resolve problems or issues. 3.1.1.3 Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 Each employee represents excellence in public service. 3.1.1.5 Each employee is “the Town” in the eyes of the public. 3.1.2 The success of Estes Park Town Government depends upon the partnership between citizens, , elected officials and Town employees. Accordingly, regarding the treatment of citizens and customers, the Town Administrator shall not: 3.1.2.1 Fail to inform citizens of their rights, including their right to due process. 3.1.2.2 Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of relevant community input. 3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis) about relevant decision making processes and decisions. 3.1.2.4 Be disorganized or unclear with respect to interactions with the community. 3.1.2.5 Ignore problems or issues raised by the community or fail to address them in a timely manner. 5 3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town employees. 3.1.2.7 Unduly breach or disclose confidential information. 6 POLICY TYPE: STAFF LIMITATIONS POLICY 3.2 POLICY TITLE: TREATMENT OF STAFF AND VOLUNTEERS With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions which are unsafe, unfair or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the administrator shall not: 3.2.1 Operate without written personnel policies that clarify personnel rules for employees. 3.2.2 Fail to acquaint staff with their rights under this policy upon employment. 3.2.3 Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. 3.2.4 Fail to make reasonable efforts to provide a safe working environment for employees, volunteers and citizens utilizing Town services 3.2.5 Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. 7 POLICY TYPE: STAFF LIMITATIONS POLICY 3.3 POLICY TITLE: FINANCIAL PLANNING With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1. Deviates from statutory requirements. 3.3.2. Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. 3.3.3. Contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. 3.3.4. Plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. 3.3.5. Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees. 3.3.6. Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. 3.3.7. Fails to provide for an annual audit. 3.3.8. Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. 3.3.9. Results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. 8 POLICY TYPE: STAFF LIMITATIONS POLICY 3.4 POLICY TITLE: FINANCIAL CONDITION AND ACTIVITIES With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1. Expend more funds than are available. 3.4.2. Allow the general fund and other fund balances to decline below twenty- five percent of annual expenditures as of the end of the fiscal year, unless otherwise authorized by the Board. 3.4.3. Allow cash to drop below the amount needed to settle payroll and debts in a timely manner. 3.4.4. Allow payments or filings to be overdue or inaccurately filed. 3.4.5. Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and may not engage in purchasing practices in violation of state law or Town purchasing procedures. 3.4.6. Use any fund for a purpose other than for which the fund was established. POLICY TYPE: STAFF LIMITATIONS 9 POLICY 3.5 POLICY TITLE: ASSET PROTECTION Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. Accordingly, he or she may not: 3.5.1. Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff and the Town of Estes Park to the amount legally obligated to pay, or allow the organization to be uninsured:     3.5.1.1 Against theft and casualty losses, 3.5.1.2 Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations,. 3.5.1.3 Against employee theft and dishonesty.   3.5.2. Subject plant, facilities and equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). 3.5.3. Receive, process or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. 3.5.4. Unnecessarily expose Town government, its Board of Town Trustees or staff to claims of liability. 3.5.5 Fail to protect intellectual property, information and files from loss or significant damage. 3.5.6 Acquire, encumber, dispose or contract for real property except as expressly permitted in Town policy. 3.5.7 Allow internal control standards to be less than that necessary to satisfy generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. 10 11 POLICY TYPE: STAFF LIMITATIONS POLICY 3.6 POLICY TITLE: EMERGENCY TOWN ADMINISTRATOR REPLACEMENT AND BACK UP In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1. The Assistant Town Administrator shall act in the capacity of Town Administrator in his/her absence. In the absence of the Town Administrator and Assistant Town Administrator a Town Department Head previously designated by the Town Administrator will act in the capacity of Town Administrator. 3.6.2. The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. 12 POLICY TYPE: STAFF LIMITATIONS POLICY 3.7 POLICY TITLE: EMERGENCY PREPAREDNESS The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3.7.1 The Town Administrator shall be responsible for the assigned responsibilities identified in the Town of Estes Park Emergency Operations Plan 3.7.2 The Town Administrator shall not fail to have a business continuity plan for the Town. 3.7.3 In the event of an emergency, the Town Administrator shall not fail to take appropriate action immediately to ensure the safety of the public and public and private assets, including authorizing specific actions by Town staff and declaring an emergency on behalf of the Board of Town Trustees 13 POLICY TYPE: STAFF LIMITATIONS POLICY 3.8 POLICY TITLE: COMPENSATION AND BENEFITS With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not: 3.8.1. Change his or her own compensation and benefits. 3.8.2. Promise or imply permanent or guaranteed employment. 3.8.3. Establish current compensation and benefits which deviate materially for the regional or professional market for the skills employed: 3.8.4. Establish deferred or long-term compensation and benefits. 14 POLICY TYPE: STAFF LIMITATIONS POLICY 3.9 POLICY TITLE: COMMUNICATION AND SUPPORT TO THE BOARD The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1 Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. 3.9.2 Fail to submit monitoring data required by the Board (see policy on Monitoring Town Administrator Performance in Board/Staff Linkage) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. 3.9.3 Fail to establish a process that brings to the Board of Town Trustees as many staff and external points of view, issues and options as needed for informed Board choices on major policy issues. 3.9.4 Present information in unnecessarily complex or lengthy form. 3.9.5 Fail to provide support for official Board of Town Trustees activities or communications. 3.9.6 Fail to deal with the Board of Town Trustees as a whole except (a) when fulfilling individual requests for information. 3.9.7 Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Board of Town Trustees. 15 POLICY TYPE: STAFF LIMITATIONS POLICY 3.10 POLICY TITLE: CAPITAL EQUIPMENT AND IMPROVEMENTS PROGRAMMING With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1 Deviates materially from the Board of Town Trustees’ stated priorities. 3.10.2 Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. 3.10.3 Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. 3.10.4 Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. 3.10.5 Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. 16 POLICY TYPE: STAFF LIMITATIONS POLICY 3.11 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT-QUALITY OF LIFE With respect to Town government's quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. 17 POLICY 3.12 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT –INTERNAL PROCEDURES With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations. 18 POLICY 3.13 POLICY TITLE: Town Organizational Plan With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year, and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election. Revised 3-25-2014 Formatted: Font: 10 pt, Expanded by 0.05 pt Formatted: Font: (Default) Tahoma, Character scale: 98% Formatted: Character scale: 98% PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: March 25, 2014 RE: Event Center & Pavilion Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Stall Barn project at the Stanley Fairgrounds. Present Situation: More favorable weather conditions continue to produce improved progress on the project. The MPEC main structural elements are completed and the grain silo architectural features will begin to be installed. As the MPEC nears it final structural elements the scale and architecture is now evident. Public Works will hosting a site visit for the Town Board and press to witness the scale and progress of the two buildings. The topping out ceremony will be scheduled later in the month as the timber truss feature is placed over the main entrance of the MPEC. Mechanical systems and electrical systems are underway now that the MPEC has areas enclosed and the exterior and interior elements such as stairs ramps and retaining walls are underway. The Pavilion project is now nearing 95% completion and the concrete floor will be poured next week as final elements, such as HVAC control systems, are completed. Regarding the civil site construction, the underground water mains are in service as is the sewer systems for the two buildings. Gas and electrical services are complete and functioning to the Pavilion building and these utility services are being installed currently for the MPEC. The exterior retaining walls are being installed around the exterior concession area of the MPEC. Landscaping elements have been designed by Public Works and coordinated with the hard elements of the project. The Public Works Parks division is designing and installing the landscaping and irrigation system’s in-house and will be working in concert with the contractor over the next several weeks. The delivery date for occupancy of the Pavilion is scheduled for mid-April and the MPEC is scheduled for mid-May. Budget: Community Reinvestment Fund - $5,682,050. The project remains within budget. Level of Public Interest This project has a very high level of public interest. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: March 25, 2014 RE: Visitor Center Parking Structure Update Objective: To update the Town Board and public on the progress of the Visitor Center Parking Structure project located just east of the Visitor Center at the existing parking lot. Present Situation: The parking structure is a grant funded project. Three different grants from Federal and State programs make this transit hub parking structure possible for the Town. Last year the final grant was awarded bringing the project to a $4.6 million budget. Town Board authorized staff to begin the project and staff is currently in the design phase of the project; construction is on hold pending sales tax analysis later in the year due to flood impacts. A three day design charrette and conceptual design was held last September and these preliminary designs were approved last week by the Planning Commission. The design of the project will now proceed and be finalized for bidding when the Town Board decides adequate funding is available to proceed with construction. Minor exceptions to the code are scheduled to go to the Board of Adjustments for consideration in May. Advantages: This project is supported by Federal, State, County and the Town. This project is supported because it is recognized to be needed to add capacity and efficiency for the transit program. This additional capacity will make the transit options more convenient and a better guest experience on the transit systems in Town and to RMNP. These increased capacities reduce congestion and pollution and help manage visitor destinations, thus reducing impacts on our natural resources. Disadvantages: Some disadvantages include additional facility maintenance costs with a new facility and an additional vertical element in the downtown area. Budget: $4.6 million from Federal, State and Local funding. Level of Public Interest This project has a very high level of public interest.