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HomeMy WebLinkAboutPACKET Town Board 2013-07-09The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Town Board Room Tuesday, July 9, 2013 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. • Quarterly Town Project Update. • Policy Governance – Performance Report. • Policy Update List and Inventory. • MPEC Marketing Plan. 1. CONSENT AGENDA: 1. Town Board Special Meeting Minutes dated June 25, 2013, Town Board Pre- Budget Study Session Minutes dated June 26, 2013 and Town Board Minutes dated June 25, 2013. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services, June 27, 2013. 4. Tree Board Minutes dated June 17, 2013. (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes dated June 4, 2013. (acknowledgement only). 2. REPORT AND DISCUSSION ITEMS: 1. Community Wellness Recreation Center. Executive Director Rorabaugh. Prepared 06/30/13 Revised 07/03/13 * * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. VISITOR CENTER TRANSIT (PARKING) STRUCTURE PLANNING PROCESS. Director Zurn. 3. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn. 3. ACTION ITEMS: 1. TREE BOARD APPOINTMENTS. Director Zurn. 2. CAPITAL IMPROVEMENT POLICY. Assistant Town Administrator Richardson. 4. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(f), C.R.S. – For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. Annual Review of Administrator Lancaster. Motion: I move the Town Board go into Executive Session– For the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees., under C.R.S. 24-6-402(4)(f). 5. ADJOURN * TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: July 9th, 2013 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. Policy 3.3, Financial Planning and Budgeting requires quarterly reporting of compliance in April, July, October and January. Policy 3.3 states: “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.” 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 3.3.1. The Town Administrator shall not allow budgeting which Deviates from statutory requirements. REPORT: The current budget and any proposed budget revisions have all been prepared in compliance with applicable statutory requirements. I am therefore reporting compliance. 3.3.2. The Town Administrator shall not allow budgeting which Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. REPORT: The current budget and any proposed budget revisions have all been prepared in following the Board stated priorities expressed during the budget adoption process. I am therefore reporting compliance. 3.3.3. The Town Administrator shall not allow budgeting which 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. REPORT: The current budget was prepared with adequate information as requested by the Board of Trustees. I am therefore reporting compliance. 3.3.4. The Town Administrator shall not allow budgeting which 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. REPORT: The current budget for all town funds do not contain any plans for expenditures in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. I therefore report compliance. 3.3.5. The Town Administrator shall not allow budgeting which reduces fund balances or reserves in any fund to a level below that established by the Board of Trustees. REPORT All Town funds which are subject to this provision are within the Board determined limits. I am therefore reporting compliance. 3.3.6. The Town Administrator shall not allow budgeting which Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. REPORT: The current budget includes appropriate contingency funding. I am therefore reporting compliance. 3.3.7. The Town Administrator shall not allow budgeting which fails to provide for an annual audit. REPORT: The 2012 audit has been completed and presented to the board. I am therefore reporting compliance. 3.3.8. The Town Administrator shall not allow budgeting which fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. REPORT: Nothing in the current budget as adopted fails to protect the integrity of the current or future bond ratings of the Town. I am therefore reporting compliance. 3.3.9. The Town Administrator shall not allow budgeting which 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. REPORT: No new positions or additions to the staffing document have been added without specific approval of the Board of Trustees other than temporary positions or those grant positions that are 100% grant funded, as allowed by adopted policy. I am therefore reporting compliance. Town of Estes Park, Larimer County, Colorado, June 25, 2013 Minutes of a Special Meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 25th day of June, 2013. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Greg White, Town Attorney Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Cynthia Deats, Deputy Town Clerk Absent: None Mayor Pinkham called the meeting to order at 5:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. FUTURE STUDY SESSION ITEMS. A discussion of options available to the Board related to regulating marijuana will be held at the July 9, 2013, Study Session. The Board discussed adding Vacation Home Rentals as a topic of discussion to an upcoming Study Session Agenda. Mayor Pro Tem Blackhurst opposed the idea and said the topic has been discussed and vacation home regulations are in place. He said that it is enforcement of, and compliance with, the regulations that are the issues. Since there was no consensus of the Board to add the topic as a study session agenda item, Town Administrator Lancaster will include information on vacation home compliance and enforcement activities in his updates to the Board. Trustee Phipps initiated discussion related to the development review process and a proposal to draft an amendment to the Estes Valley Development Code that would clearly outline the sequence of the process. The intent of the amendment would be to eliminate situations such as occurred with the Board of Adjustments approving a variance for the performing arts center project prior to a development plan being submitted. Attorney White said that in drafting an amendment the entire process will be reviewed as different processes exist for special reviews and development plan reviews. The Board briefly discussed the Town Administrator evaluation process and seeking recommendations on how to improve the process in the future from sources such as CML and Mountain States Employer Council. Trustee Ericson requested that a listing of policies under development and a status report be available at the next Town Board Study Session. Trustee Phipps requested that a listing of all policies, both past and present, and a brief description of each also be provided. Additional discussion included: the management of assets such as Town-owned property; the Town’s role in events; and information from Community Development regarding increasing building and development activity and workloads. INSURANCE COVERAGES – PROPERTY AND LIABILITY. Board of Trustees – June 25, 2013 – Page 2 Director Williamson stated that the Town has been covered by the Colorado Intergovernmental Risk Sharing Agency (CIRSA) since 1988 for property and liability insurance and provided the Board with a document outlining current coverages which are in place up to the level of governmental immunity. In addition, the Town currently carries $500.5 million in excess property insurance per claim/occurrence, and $5 million in excess liability per claim/occurrence, except for auto liability which is at $1.5 million. The Town’s deductible is $5,000 per claim/occurrence. Attorney White said that the Governmental Immunity Act (GIA), which was passed by the Colorado legislature in 1972, applies to all public entities and public employees and provides immunity from liability for any State law tort action, or civil law. Governmental immunity does not extend to federal laws or contracts. The GIA includes six areas where immunity is waived and a public entity can be sued and held liable. Those areas are: • Operation of motor vehicle by public employee • Dangerous condition of a public highway, road, or street within corporate limits of municipality • Dangerous condition of public hospital, jail, public facility in park or rec area maintained by public entity or of public water, gas, sanitation, electrical, power, or swimming facility • Operation and maintenance of public water, gas, sanitation, electrical, power or swimming facility • Dangerous condition of public building • Operation of public hospital, correctional facility, or jail. Although immunity is waived damages are limited at $150,000 per individual and $600,000 per occurrence. Changes to the GIA limits are forthcoming and will be effective on July 1, 2013, subsequent to the passage of Senate Bill 12-023 in April of 2013. The limits will increase to $350,000 per individual and $990,000 per occurrence. At this time it is unknown how these increases will affect the Town’s premiums with CIRSA. Mayor Pro Tem Blackhurst expressed concern that the Town no longer has a catastrophic loss fund and asked if insurance can be purchased to cover the caps. Attorney White noted that insurance is not necessary to cover claims from which the Town already has immunity. He said that coverage through CIRSA will not pay on claims where governmental immunity exists and noted that if the Town agrees to pay for damages outside of the governmental immunity, Town funds would be used. He said that employees, including Board members and volunteers, are covered by the GIA provided they are acting within their scope of employment or volunteerism. Additionally, Director Williamson reported that a recent property audit performed by CIRSA identified areas where additional property coverage was needed. SELF-INSURANCE UPDATE. In 2011, following receipt of a health insurance premium quote from Anthem that included a 13% increase, staff researched a self-funded plan through Cigna that would reduce the cost of health insurance, and provide the Town with an opportunity to control costs, manage funds, and potentially save money. The Board approved the move to the self-funded plan and, in 2012, a Medical Insurance Fund was seeded with $200,000. The Fund holds the premiums paid by employees and the Town and is used to pay administrative costs and claims each month. The Town is responsible for up to $40,000 per claim after which stop-loss coverage through Cigna begins. The difference between the premiums paid and the administrative expenses and claims, remains in the fund from year to year. Director Williamson reported that 2012 was a good claims year for the Town and that the Medical Insurance Fund balance grew by approximately $400,000; and said the goal is to increase the Fund balance to approximately $800,000 to offset costs during high claims and avoid the need to substantially raise premiums, copays, and deductibles. To date, claims for 2013 are running higher than last year and it is expected to take five years to set trends for claims that can then be used for comparison purposes. She said utilization of the plan is high and stated that efforts to develop wellness programs to raise awareness about health and wellness choices are being implemented. REQUEST TO ENTER EXECUTIVE SESSION: Board of Trustees – June 25, 2013 – Page 3 It was moved and seconded (Blackhurst/Phipps) to enter into executive session for the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees, under C.R.S. 24-6- 402(4)(f), and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 6:05 p.m. Mayor Pinkham reconvened the meeting to open session at 6:25 p.m. Whereupon Mayor Pinkham adjourned the meeting at 6:25 p.m. William C. Pinkham, Mayor Cynthia A. Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, June 26, 2013 Minutes of a Study Session Meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at the Museum Meeting Room in said Town of Estes Park on the 26th day of June, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Norris, and Phipps. Trustee Koenig joined the meeting at 1:05 p.m. Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Director Bergsten, Chief Kufeld, Director Williamson, Director Winslow, Director Zurn, PIO Rusch, and Deputy Town Clerk Deats Absent: Director Chilcott Mayor Pinkham called the meeting to order at 11:00 a.m. 1. Budget policies and other information a. Balance Budget – Good financial management over the past years has allowed the Town to move forward with projects such as the stall barn and multi-purpose event center (MPEC). To date, sales tax is coming in higher than projected resulting in a stronger fund balance so far this year; the objective is to maintain 25% of operating expenses in the General Fund. The fund balance has been utilized over the past couple years to balance the budget. However, Town Administrator Lancaster said that cannot happen again and said staff will be asked to produce a balanced budget where expenditures and revenues match, with fewer variances in the budget and end of year rollovers. b. Budgeting for Outcomes – Look at return on investment and match investments to outcomes and goals. Determine what areas of investment and involvement are appropriate for municipal government and at what level. c. Strategic Planning – Mind Mapping • Goals • 2014 Objectives Town Administrator Lancaster provided a list of outcomes, goals, and objectives that was drafted based on discussion at a recently held Town Board retreat. The Board reviewed and discussed the list focusing on 5-7 Year Goals. Topics of discussion are summarized: • Add utilizing the fiber ring under infrastructure. • Water and electric rates stable and utilities reliable and above average within five years time. • Plan for a redundant water system that is realistic and affordable. • Plan for redundant water treatment at Glacier Treatment Plant. • Reduce number of bleeders, as a 12% leakage rate does not fit with Water Conservation Plan. • Adopt a ten-year master plan for water department. • Encourage Board of Appeals to focus on the development code, building code, and fire codes to see how they all connect and suggest changes that may be necessary. • Trail Development. • Develop operational and marketing plans for the MPEC. • MPEC will generate income and become self-sufficient and pay debt by constantly evaluating the market place and innovative thinking. • Identify a strategy for expanding the variety of events. Town Board Study Session – June 26, 2013 – Page 2 • Potential redevelopment of properties affected by FLAP grant project; streetscape and improvements to extended downtown area. The Federal Highway Administration has expressed interest in partnering with CDOT and the Town on this project by managing and engineering the project, hiring contractors and essentially producing a turnkey operation. • Have housing available within Estes Park for all segments of the community and for all income levels in five years time. • $1.25 million annually needed for streets and the cost is going up. • Go to the voters in April 2014 with a proposed sales tax increase to support streets and other infrastructure – put package together for specific uses and timeframe. Look at financing options such as revenue bonds for 1% sales tax. • Evaluate Transportation Visioning Committee (TVC) signage recommendations. Evaluate cost vs. convenience. • Groundwater – agree on remediation plan by end of 2014. • Increase capacity for senior center and museum considering recommendations of the Senior Center / Museum Master Plan. • Consider the results of the Estes Valley Recreation and Parks District (EVRPD) feasibility study of a community center. • Participate in county, regional, and state economic planning. • Simplify codes and regulations. • Complete next phase of Bond Park improvements. • Evaluate and address required changes in radio frequencies and implement changes necessary to stay current with communications technology. • Survey the community every two years. Have continuity between surveys in order to determine if services are degrading or improving; survey can be used as a cost/benefit analysis. • Gear up for the Town’s centennial celebration. 2. 2013 Review Sales tax continues to come in higher than projections, however, there is some evidence that it may be leveling out. Through April, sales tax is 3% ahead of 2012, with lodging, food, retail and construction sectors increasing. Traffic counts for May 2013 were high and are used as a main indicator for forecasting sales tax, therefore, sales tax for May could potentially be higher than last year. The Comprehensive Annual Financial Report (CAFR) forecasts a fund balance of 32% for 2013 primarily as a result of rollovers from 2012 to 2013. 3. 2014 Budget Development a. General Fund • Community Service Grants – traditionally 5% to 3% of sales tax. Non-profit organizations apply for funding and applications are reviewed by a committee which in turn makes recommendations for funding to the Board during the budgeting process. Staff recommends this remain flat at around 3%. • Financial Relationships with other Districts – In addition, funds for intergovernmental support to other agencies such as the Estes Park Housing Authority, are included in this fund. Staff recommends separating the funds for community amenities (organizations providing a variety of social and cultural services) vs. community services (entities/partners providing services imminently tied with specific Board goals) into separate cost centers to be budgeted separately. The Board discussed the amount of support given to the Fire District that is defined within an intergovernmental agreement (IGA) as 7% of sales tax annually. The Board recommended the IGA be reviewed and proposed discussions with the Fire District Board related to the District’s financial situation occur during the budgeting process. The Economic Town Board Study Session – June 26, 2013 – Page 3 Development Council does not fit into either of the categories discussed and funding should not be automatic, but rather dependent upon performance. • Transfers Out – Funds transferred to the Community Reinvestment Fund which essentially is the Town’s Capital Fund which will be used for COPS payments and smaller miscellaneous projects that arise. A proposed sales tax increase could be utilized for street and infrastructure maintenance. In addition, transfers are made to the Community Service Fund (CSF) to keep the fund solvent. The main programs of the CSF are the museum, senior center, events, and the visitors center. The transfer is expected to increase with the addition of the MPEC in 2014. The operating figures contained in the MPEC pro forma can be used as a starting point during the budget process. • Capital Improvement Plan – The draft Capital Improvement Plan (CIP) will be provided to the Board on July 9th. • New Revenue Sources – A sales tax increase to take to the voters in April 2014 is being proposed. Also the creation of a Stormwater Utility was briefly discussed in 2012 and will be researched further. Other revenue sources may include a Downtown Development Authority (DDA), Public Improvement Fee (PIF), or an Urban Renewal Authority. The Board discussed the possibility of renting the ice skating rink from the City of Fort Collins for a second season. Town Administrator Lancaster said a decision will be made by the end of July. A discussion of options available to the Town related to the new marijuana laws is scheduled for the July 9th Town Board Study Session. A study session pertaining to Town-owned property will be scheduled to discuss property retention, acquisition, or disposal. There being no further business, Mayor Pinkham adjourned the meeting at 2:05 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, June 25, 2013 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 25th day of June, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Greg White, Town Attorney 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. SWEARING IN OF CODE COMPLIANCE OFFICER KLEISLER. Chief Kufeld & Town Clerk Williamson conducted a formal swearing-in ceremony of Code Compliance Officer/Planner I Phil Kleisier. SWEARING IN OF OFFICERS MCAULEY, SYCHLA & HERSEY. Chief Kufeld introduced Police Officers McAuley, Sychla and Hersey, all of whom have completed a year long training program. Town Clerk Williamson conducted a formal swearing-in ceremony. PRESENTATION - LIFESAVING AWARDS. Chief Kufeld presented Sergeant Life, Officers Hart and Hersey a lifesaving award for their efforts in preserving the life of a Town of Estes Park citizen. PROCLAMATION. Mayor Pinkham read a proclamation designating July 9, 2013, through July 14, 2013, as Rooftop Rodeo Week in Estes Park. PUBLIC COMMENTS. John Meissner/County citizen stated the Town would have the privilege of hosting Lady Dunraven and her daughter Lady Anna on September 12 - 13, 2013. He encouraged the Town and citizens to welcome her and her traveling party. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Elrod stated with the resignation of John Tucker Commissioner Hull was named the new chair of the Commission. Commissioner Bowers was appointed vice-chair. The Commission has two vacancies, one Town appointment and one County appointment, Community Development staff has been working on the modernization of the Comprehensive Plan with the completion scheduled for the end of 2013. Trustee Norris commented the Bear Education Task Force meet on June 21, 2013: public education continues, good response to the recent bear aware insert in the utility bills, and expanding outreach to businesses, residents, guests and school children. He reported scams of the elderly have increased in the community and reminded citizens to be wary of unsolicited calls, emails or mail. Board of Trustees – June 25, 2013 – Page 2 Trustee Koenig informed the Board the Sister Cities organization would hold a retreat in September to revisit the program and possibly revamp portions. Western Heritage has purchased flags for the light poles downtown to advertise the Rooftop Rodeo during the week of July 9th. Mayor Pro Tem Blackhurst stated the judges for the America in Bloom program would be visiting the Town on July 11 and 12, 2013 to judge the Town on its plantings and overall appeal and attractiveness of the community. He encouraged all business owners to consider the beautification of their store fronts in an effort to improve the appearance of downtown. Trustee Ericson commented two new Tree Board members would be appointed at the next meeting. The Audit committee met last week to review the CAFR that would be presented tonight. He attended the annual CML meeting and stated he gained information on programs such as downtown authorities and creative districts. Mayor Pinkham stated the Board road the inaugural run of the new downtown trolley added to the shuttle system this year. A plaque honoring former Trustee Jerry Miller was added to the trolley. A contest to name the trolley has begun and those interested in submitting a name can do so for a chance to win a prize. TOWN ADMINISTRATOR REPORT. • Quarterly Town Project Update – The item was postponed to the next Board meeting. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated May 23 and June 11, 2013, and Town Board Minutes dated June 11, 2013. Town Board Retreat Minutes dated May 29, 2013. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, June 13, 2013. 1. 246CQ Skid Steer Loader & Maxey Trailer, Wagner Equipment - $50,533.53, Unbudgeted. 4. Estes Valley Planning Commission Minutes dated May 21, 2013. (acknowledgement only). Trustee Ericson requested the removal of Item 1.3.a.1 to be discussed as an Action Item during Action Item 8 – L&P Bucket Truck Purchase. It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda 1.1, 1.2, 1.3.a, and 1.4, and it passed unanimously. 2. LIQUOR LICENSE ITEMS: 1. CHANGE OF LOCATION – CHEESY LEE’S AMAZING PIZZA, LLC DBA CHEESY LEE’S AMAZING PIZZA, FROM 861 MORAINE AVENUE TO 600 W. ELKHORN AVENUE, BEER AND WINE LICENSE. Town Clerk Williamson stated the applicant submitted a request to change the location of the liquor license to the Elkhorn Lodge located at 600 W. Elkhorn Avenue. All necessary paperwork and fees were submitted to the Clerk’s Office and the applicant has completed TIPS training with the initial license. It was moved and seconded (Blackhurst/Phipps) to approve the Change of Location of the Beer and Wine liquor license for Cheesy Lee’s Amazing Pizza, LLC dba Cheesy Lee’s Amazing Pizza, from 861 Moraine Avenue to 600 W. Elkhorn Avenue, and the motion passed unanimously. Board of Trustees – June 25, 2013 – Page 3 3. REPORTS AND DISCUSSION ITEMS: 1. WESTERN HERITAGE UPDATE. Howell Wright and other members of the organization were present to provide an update on the group’s activities. A new logo for Western Heritage was presented; the 2013 Antique show fundraiser was completed and deemed a success by the group; the first of a series of barrel races was completed; the group purchased new flags for the light poles downtown advertising the rodeo; posters and newspaper articles have been disseminated and submitted for the rodeo; a new Facebook page and website have been created for the rodeo; and future events are in the planning stage including a Western Art show. 2. VISITOR CENTER TRANSIT (PARKING) STRUCTURE PLANNING PROCESS. Director Zurn. Item continued to the July 9, 2013 Town Board meeting. 3. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn updated the Board on the status of the project stating staff has been largely devoted to reviews and approvals of the shop drawings, material approvals, and fielding questions from the contractor. He stated the final shop drawings were approved today, keeping the project on track and on schedule. The foundations are formed and would be poured during the week. The design team and the contractor are working together to continue to identify value engineering opportunities. Most recently the group identified a reduction in the foundation requirements due to stronger soil conditions and a reduction in the actual loading reactions. The Board stressed the need to manage change orders to keep the project within the approved budget. The Board emphasized the need to insure the project does not save money for money sake and that the contractor build a building to stand the test of time. 4. ACTION ITEMS: 1. ESTES PARK HOUSING AUTHORITY BOARD APPOINTMENTS. EPHA Director Kurelja presented the interview team’s recommended appointments of Matthew Heiser and Catherine Jensen to the Estes Park Housing Authority. Three applications were received for the two open positions and interviews were conducted. It was moved and seconded (Norris/Phipps) to approve the reappointments of Matthew Heiser and Catherine Jensen for five year terms effective July 1, 2013 through June 30, 2018, and it passed with Mayor Pro Tem Blackhurst abstaining. 2. ESTES VALLEY BOARD OF ADJUSTMENT APPOINTMENT. Code Compliance Officer/Planner I Kleisler presented the reappointment of Pete Smith to the Estes Valley Board of Adjustment. Mr. Smith was the only applicant to apply for the open position. It was moved and seconded (Koenig/Ericson) to approve the reappointment of Pete Smith to the Estes Valley Board of Adjustment for a three-year term expiring May 31, 2016, and it passed unanimously. 3. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance Officer McFarland presented an overview of the annual financial reporting process. The auditing firm of CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes Park’s financial statements as of December 31, 2012 and have expressed an unqualified opinion (clean opinion) that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). Paul Niedermuller/CliftonLarsonAllen, LLP, highlighted areas the Town should change financial practices 1) Incurred But Not Reported (IBNR) health insurance liability must be reported at the end of the fiscal year as it relates to the Town’s Medical Insurance fund; 2) L&P and Water funds should segregate Board of Trustees – June 25, 2013 – Page 4 the fund balance requirements related to the associated debt for each fund; 3) Recommend the Town staff review the fixed asset list to ensure accurate reporting; and 4) Staff should compile financial statement and provided them to the independent third party auditors in order for the auditors to remain impartial when reviewing the statements. As CliftonLarsonAllen are new auditors for the Town as of 2013, new practices and formats are being addressed by staff for next year’s audit. Trustee Koenig stated that a number of the items could be addressed through established financial policies. It was moved and seconded (Eriscon/Blackhurst) to approve the audit report and Comprehensive Annual Financial Report for the year ended December 31, 2012, and it passed unanimously. 4. ECONOMIC DEVELOPMENT COUNCIL FUNDING. Assistant Town Administrator Richardson reported the Economic Development Task Force has entered the final phase of work and has begun acquiring commitments to fund the Estes Valley Economic Development Office using the investor model outlined during previous meetings with the Board. The Town has been identified as a primary/core member of the Economic Development Council to which the Economic Development Office and staff would report to. The Task Force would request the Town fund the new office with $30,000 in 2013. If the Board approves the funding request, the funds would require a supplemental appropriation for 2013 and be funded from surplus budget funds or draw down the 2013 fund balance for 2013. Greg Rosener/Economic Development Task Force Chair informed the Board that outreach to the community has taken place over the last several months with over 133 contacts made from 28 different organizations. The Downtown Development Corporation draft community assessment report has been delivered with a final report due soon. Both the outreach meetings and community assessment reconfirmed the plan outlined in “The Path Forward” presented to the Town Board early this year. The final task would be the development of the Economic Development Office and Council. The Task Force has also developed a document titled “Investing in Community Success” which outlines the anticipated economic impacts and measurable identifiers of expectations for the Office of Economic Development. This tool would be used by the council members to measure success, including items such as a stronger economy, growth in property tax, sales tax revenue growth, number of businesses assisted, job creation and retention, and many other. All of the items listed would provide a “Return to the Community”. The proposed budget of approximately $233,000 annually would be funded 50% by the public (governmental entities including the Town and the County) and 50% funded by the private sector. The Task Force through research has identified the Town as a primary contributor at $60,000 annually or 25% of the budget and $30,000 for the remainder of 2013. The Task Force awaits a decision by the County within the next two weeks and a number of private investors have been identified ready to contribute if the Town approves funding. Board discussion followed and has been summarized: Trustee Phipps questioned how economic gardening would be funded, whether the County would have to budget funds to support the Economic Development Office, how many and what type of employees would be hired, how would the council be run, appointed and would there be bylaws adopted, would the minimum investment to be a member of the council be $1,000, would the initial board of directors be established in the next 2 months and would they be requesting future funding by the Town, would the Town be requested in the future for incentives to bring additional businesses to town; Trustee Ericson questioned if the professional staff would find new businesses or provide support once a business has located in town, questioned were the Town funds for 2013 would come from, and stated concern with approving funding with the interim executive director identified for the Council as the individual worked to defeat the continuation of EPURA, even though he supports economic development; Mayor Pro Tem Blackhurst commented economic development does not Board of Trustees – June 25, 2013 – Page 5 happen quickly, he would suggest the Task Force come forward and request funding for 2014 through the community service grants and not be funded in 2013, he stated concern with the Task Force setting the Town’s contribution at $60,000, well above all other investors; Trustee Koenig questioned if the Board of Directors would be lifetime member as long as they pay the annual investment, and could the initial members come together to develop the bylaws and outline the plan further before funding the council this year; and Trustee Norris stated the research and recommendations have been sound, the budget developed realistic, community support has been broad, the economic base needs to be diversified, and the mountain ski communities have been aggressively marketing their communities for the summer. Those speaking in support of Town funding for the Economic Development Office including Diane Muno/Estes Valley Partners for Commerce (EVPC) member and business owner, Lynette Lott/Estes Area Lodging Association (EALA) member, Tim McPhee/Founding member of EVPC, Rainer Schelp/local business owner, Kent Smith/ local business owner, and Larry Lawson/County citizen. The EVPC and EALA memberships overwhelmingly support the Town funding the Economic Development Office as the Town has an important role in moving economic development forward. In order for the Town’s economy to grow there must be diversification through the development of new location neutral businesses. The approval of the funding and growth of economy would bring new revenue to the Town and improve the quality of life for the citizens. The government has a role to play in promoting economic development, and if the Town has a financial commitment the private sector would come forward to fund the initiative as well. It was moved and seconded (Norris/Phipps) to extend the meeting to 11:00 p.m., and the motion passed unanimously. Trustee Elrod stated the Task Force has performed their due diligence over the past 16 months in defining how the community should move forward with economic development, and additional clarity on the roles of the Office and Council would be forthcoming with the development of the bylaws. Trustee Norris agreed with the comments and stated the Town through budgeting has the ability to not fund the Office and Council in the future if the Board does not approve of the direction. He stated it would be irresponsible to not support the initiative. Trustee Phipps stated additional information would be necessary in order to make a decision on funding the Office, and to date the Town has provided $15,000 in support of the effort. It was moved and seconded (Norris/Elrod) to fund the Estes Valley Economic Office for 2013 in the amount of $30,000, and it passed with Mayor Pro Tem Blackhurst and Trustee Phipps voting “No”. Mayor Pinkham called a break at 10:05 p.m. and reconvened the meeting at 10:15 p.m. 5. NAMING OF GEORGE HIX MEMORIAL. Director Zurn presented the request stating former Town Administrator Gary Klaphake addressed the Public Safety, Utilities, and Public Works (PUP) Committee in February requesting consideration of renaming Riverside Plaza in recognition of George Hix, former Town Trustee. He and the Hix family have worked with staff to establish a new name and memorial. The proposed name for the plaza would be the George Hix Riverside Plaza. In conjunction with the renaming, the Hix family would contribute a minimum of $25,000 towards the commission of a bronze sculpture or other artwork to associate the area with its new identity. The Hix family would also request the right to approve the artwork. Board of Trustees – June 25, 2013 – Page 6 Mayor Pro Tem Blackhurst requested the item be tentatively approved and brought back to the Board at the second meeting in July for final consideration. During the next month staff would establish a public input process to gather additional comments from the citizens on the renaming. He commented the renaming of the park in honor of a George Hix who was a valuable public servant to the community would be appropriate. Trustee Elrod stated the public has had a chance to commit at both the PUP meeting and the current Town Board meeting and would not delay the approval for an additional month. After further discussion, it was moved and seconded (Blackhurst/Norris) to tentatively approve the renaming of Riverside Plaza to the George Hix Riverside Plaza pending final approval of the Town Board at the July 23, 2013 meeting subject to public input collected during the next month, and the motion passed with Trustee Elrod voting “No”. 6. SENIOR CENTER & MUSEUM MASTER PLAN ADOPTION. Senior Center Manager Mitchell and Museum Director Fortini presented the final Senior Center and Museum Master Plan for adoption. The 6 month process included a report by the consultants to the Town Board at the May 14, 2013 meeting in which preferred alternatives for development or re-development of the two facilities were reviewed. The final plan includes information complied by both the consultant and staff on potential funding sources and grant opportunities. Staff also continues to work with the Estes Valley Recreation and Park District on the RFP for the Community Wellness Recreation Center Feasibility Study. The results of the study may affect the future recommendations for development and funding of a new Senior Center or Museum facilities. The approval of the plan by the Board would not obligate the Town to complete the plan. Board discussion followed and has been summarized: Trustee Norris questioned if there would be a downside of moving ahead with the plan as outlined; Trustee Phipps stated concern with adopting the plan and would prefer to accept the plan until the community has more information related to the community center; Mayor Pro Tem Blackhurst commented the Board should have an in depth discussion of the plan prior to adoption, as adoption may infer the Town would be seeking funding sources to build the two facilities. He also stated the Board should have further discussions related to infrastructure needed to relocate and build the new facilities; Trustee Elrod suggested without adoption of the plan staff may not be in the position to seek grant opportunities to address the museum’s immediate storage needs; and Trustee Ericson commended staff and the consultants on the plan and commented there could be difficulties fundraising until the Senior Center location has been determined. Director Winslow stated the plan constitutes the first step in identifying the need for new facilities, the size of the new facilities, the potential locations and establishes what the community would support and like to see in the two facilities. After further discussion, it was moved and seconded (Phipps/Blackhurst) to accept and not adopt the Senior Center and Museum Master Plan, await the feasibility study for the community-wellness recreation center, and discuss the Master Plan at an upcoming study session, and it passed with Trustee Elrod and Koenig voting “No”. 7. ORDINANCE #09-13 AMENDMENTS TO THE MODEL TRAFFIC CODE, PARKING & SPEEDING. Commander Rose stated staff has researched the issue of parking across painted parking spaces. The code addresses the speed limit in unmarked business zones; however, the code does not address unmarked residential areas. As the Model Traffic code does not address these issues, they must be included in the local amendments to the Model Traffic Code. He suggested signage be placed at the entrances to town regarding the Board of Trustees – June 25, 2013 – Page 7 speed limits to notify drivers. The Police department would utilize public information to education the citizens and visitors of the new requirements. Attorney White read Ordinance #09-13. It was moved and seconded (Norris/Blackhurst) to approve Ordinance #09-13, and it passed unanimously. 8. L&P BUCKET TRUCK PURCHASE. Operations Manager McEachern stated the 2012 Vehicle Replacement budget contained funds to replace the vehicle; however, the vehicle was not purchased in 2012 and the funds were not rolled over to the 2013 budget. In order to place the order this year and receive the vehicle in 2014, funds must be reallocated in the 2013 budget. Mayor Pro Tem Blackhurst stated the PUP Committee requested the item be an action item versus a consent item due to the significant cost of the unbudgeted item. The skid steer loader and trailer were also unbudgeted expenses at a much lower cost, and therefore, were added to the consent agenda. Trustee Ericson commented the integrity and quality of the budget continues to be important and that he understands the need but the Town and Board have been trying to enhance financial considerations and the activities. It was moved and seconded (Blackhurst/Phipps) to approve the purchase of the 2014 Altec Freightliner for $219,955, and it passed with Trustee Ericson voting “No”. CONSENT ITEM: 1.3.A.1: 246CQ SKID STEER LOADER & MAXEY TRAILER PURCHASE. It was moved and seconded (Blackhurst/Koenig) to approve the purchase of a 246CQ Skid Steer Loader & Maxey Trailer for $50,533.53, and it passed with Trustee Ericson voting “No”. 9. RESOLUTION #13-13 WOODLAND HEIGHTS FIRE – EXTENSION TO PERMITTING PERIOD FOR NON-CONFORMING STRUCTURES. Code Compliance Officer/Planner I Kleisler stated the Resolution would extend the permitting period for nonconforming homes and structures destroyed by the Woodland Heights fire in June of 2012 through July 30, 2015. The Resolution was modeled after the Larimer County High Park Fire Rebuilding Program established for the same time period. The proposed Resolution provides that if necessary, Board of Adjustment fees shall be waived. To date none of the 17 applications to rebuild have required a variance. Trustee Elrod commented the Planning Commission approved the recommendation of the Resolution to the Town Board as most of the homes destroyed were in the County. It was moved and seconded (Norris/Phipps) to approve Resolution 13-13, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 11:00 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, June 27, 2013 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 27th day of June, 2013. Committee: Chair Ericson, Trustees Elrod and Norris Attending: Chair Ericson, Trustees Elrod and Norris Also Attending: Town Administrator Lancaster, Director Winslow, Senior Planner Shirk, and Deputy Town Clerk Deats Absent: Assistant Town Administrator Richardson, Director Chilcott Chair Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Senior Center Report – Manager Mitchell reported that staff continues to receive positive feedback regarding the classes and programs offered at the Senior Center. She said a recent class presented by the Better Business Bureau highlighted safety tips for using the internet and avoiding internet scams. Trustee Norris requested that, with the recent increase in scams targeted at senior citizens, staff continue to address scams and inform citizens to contact the Police Department at 586-4000 if they have been a victim of a scam. • Fairgrounds and Events Report – Director Winslow reported that good weather made for a successful JazzFest this year, drawing crowds from the Front Range and the Estes Valley; approximately 500 people attended the Safety Fair; and attendance numbers were approximately 8,000 for the Wool Market with a fair amount of local participation. Upcoming new and returning events include Cowboy Mounted Shooting, Chuck Wagon Cookoff, Ranch Horse Versatility Show, Block Party, Rooftop Rodeo, Cowboy Sing-A-Longs, and the Performance Park concert series. Staff continues to work on scheduling for the US Pro Challenge Bicycle Race, which will ride through Estes Park on August 24th. Due to a change in scheduling for television coverage, bicyclists are expected to be riding through Estes Park between 1 p.m. and 2 p.m. Race planners are actively communicating with citizens and the business community regarding closures that will be in affect during the race. Construction of the stall-barn and multi-purpose event center (MPEC) is underway and staff is working closely with the contractor and show managers regarding the best utilization of the property during the construction projects. • Verbal Updates – o Shuttles – Shuttle Coordinator Wells reported that ridership for the first three days of operation increased 185% over last year, with a total of 2,528 riders. He said the trolley had 1,048 riders during its first weekend of operation and noted that a contest to name the trolley is underway. Contest entries may be submitted from July 1 – July 31st at namethetrolley@estes.org. Community Development / Community Services – June 27, 2013 – Page 2 COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Sign Code Analysis & Recommended Updates – Don Elliot of Clarion Associates reported on an analysis of the Sign Code that was done at the request of Director Chilcott. As written, relevant information can be difficult to find within the Code and inconsistencies exist. Mr. Elliot commented that the Code is not out-of-date, however, it is difficult to use; he recommended a reorganized format that would include more tables and higher quality drawings and graphics for clarity and consistency; and a reworking of the special event signs, banners, and the Creative Sign sections of the Code which are long and wordy. He recommended removing as much content-based regulation from the Code as possible and adding timeframes for the issuance of sign permits as well as for the resolution of appeals related to sign permits. The Sign Code is currently contained within the Municipal Code, however, incorporating the Sign Code into the Development Code could provide for consistency and enforcement throughout the Estes Valley. Town Administrator Lancaster said he and Director Chilcott will discuss staffing and the option of hiring an outside firm to work on the reorganization of the Sign Code. • Comprehensive Plan Modernization – Senior Planner Shirk reported that the modernization of the Comprehensive Plan is underway with the main objective of removing obsolete references, updating statistical information, and reformatting to become technology-friendly by providing links and touch screen capabilities. He said that it is not the intent to change content or any policies contained within the Plan and provided the Committee with a timeline for completion of the project by the end of 2013. Trustee Elrod noted that language in the current Plan presumes the best use of Town-owned property located on Fish Hatchery Road. He proposed that comments regarding the presumptuous use of real estate be removed from the document. Public input is not critical at this stage in the modernization process, however once completed, public workshops to demonstrate how to use the new format may be in order. • Community Development Monthly Report – Building permits and inspections continue to increase with an average of 18 inspections being performed per day; and development activity is up with inquiries ranging from questions about small projects to full-blown development review questions. Planner Shirk noted that the Town does not have development review software and that the Town’s building permitting software is 14 years old. He said that Larimer County is in the process of updating their permitting, development review, and code compliance software and that discussion about partnering with the County on their new software package is underway. Chair Ericson requested a statistical report be provided to track building permit activity to include how many applications are received vs. how many permits are issued. Activity continues at the Courtyard property with the new owner correcting issues as they are discovered. A new electrical service panel has been installed in the restaurant, and units originally intended for long-term residential use will now be used as short-term rentals. Also, AT&T has erected temporary towers on Prospect Mountain and behind the Century Link building to help increase capacity in the area; the Medical Center is considering a parking lot expansion; and a new commercial building project was submitted for development review. Customer guides continue to be revised and updated based on feedback from the development review team. Chair Ericson asked about the approval process being proposed for the CVB parking structure. Town Administrator Lancaster said the process would involve joint scheduling to allow for concurrent rather than sequential reviews and would not require an adjustment to the current code. The process does not cut any corners, but would straighten out the timeframe for the parking structure project. Community Development / Community Services – June 27, 2013 – Page 3 The Committee requested that staff discuss the process with the Board in order to clear up any confusion that may exist about the proposed process. • Verbal Updates – o Code Compliance – Based on input from community meetings, staff is working on creating an effective code compliance program centered on education, outreach, and enforcement. Code Compliance Officer/Planner Kleisler reported that over the past several months staff has been meeting with the public in order to identify and prioritize community concerns which include vacation home rentals, weeds, the Sign Code, lighting standards, wildfire mitigation, and junk accumulation. He noted that code compliance is largely complaint driven at this time. He said a community weed pull was held recently in partnership with Rocky Mountain National Park, the Association for Responsible Development, and the Estes Land Stewardship Association with over a dozen people participating. Code Compliance Officer Kleisler recently traveled to Fort Collins to attend a demonstration of the new Energov software being purchased by Larimer County and mentioned earlier in the meeting. He said the software is internet-based and capable of managing everything from the smallest permit to complex subdivisions and rezoning. Trustee Norris asked that staff contact Eagle Rock School in regard to their eighth grade career day, suggesting that Code Compliance Officer Kleisler and Chief Building Official Birchfield consider participating to provide information to the students about careers in government, code compliance, and building safety. There being no further business, Chair Ericson adjourned the meeting at 9:33 a.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, June 17, 2013 Minutes of a Regular meeting of the Tree Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Engineering Conference Room Suite 100 of Town Hall in said Town of Estes Park on the 17th day of June, 2013. Board: Rex Poggenpohl, Barbara Williams, Scott Roederer, Apryle Craig, Celine Lebeau, and two vacancies Also Attending: Director of Public Works Scott Zurn, Municipal Service Worker – Park Division Brian Berg,Trustee Liaison John Ericson, Administrative Services Secretary Barbara Jo Limmiatis Absent: Apryle Craig, Celine Lebeau Chair Poggenpohl called the meeting to order at 8:30 a.m. The meeting began with a discussion over the lack of a quorum due to the absence of Board Members Craig and Lebeau. Trustee Ericson stated since there were only five current members of the board and three of which were present, voting could take place. Chair Poggenpohl allowed the meeting to continue with the direction of Trustee Ericson. APPLICANT INTERVIEWS/NEW MEMBER RECCOMENDATIONS It was moved and seconded (Poggenpohl/Williams) to recommend to the Town Board of Trustees the appointments of Dewain Lockwood and Chris T. Reed to the Tree Board and passed it unanimously. REPLACEMENT OF TWO MEMBERS WHOSE TERM EXPIRE IN AUGUST The term of Board Member Roederer was unclear; however, he stated he would be willing to stay on until September. The Board expressed the urgency for acquiring new members and the lack of interest from the public through typical means of advertising for these positions. Director Zurn stated Municipal Worker Berg should contact local educators who may be interested in participating. He also suggested the Tree Board incorporate the new America In Bloom Project into its scope, stating the addition may attract individuals that have not been interested in the past. Board Member Roederer cautioned against taking on the America In Bloom Project, as it may overwhelm the Tree Board and change the Board’s focus away from woody plants. Director Zurn also suggested the Tree Board consider changing their name to expound on the various recreational and educational opportunities the Board provides for the community. The Board concluded the recruitment of new members and changing the Tree Board’s name should be items on the next agenda. SUMMER MEETING SCHEDULE Director Zurn recognized a number of the Board was absent; however, he stated it was necessary to hold a scheduled meeting in July to orient the new members and review the Volunteer Manual. It was moved and seconded (Poggenpohl/Williams) to hold the next meeting on July 18, 2013 at 4:30 p.m. and it passed unanimously. Chair Poggenpohl postponed scheduling a meeting for August 2013 until more members were present. UPDATING COMMITTEE BY-LAWS Chair Poggenpohl stated his meeting to discuss the by-laws with Town Administrator Lancaster had been cancelled. He would attempt to reschedule this meeting before July’s Tree Board meeting; therefore, this item should be brought forward to the next agenda. APPROVAL OF MAY MINUTES Minutes from the May 20, 2013 Tree Board Meeting were reviewed by the Board. Chair Poggenpohl pointed out that his name was misspelled on Barbara Williams’ minutes from the meeting with the Bureau of Reclamation (BOR). It was moved and seconded (Poggenpohl/Williams) to approve the minutes and it passed unanimously. Tree Board – June 17, 2013 – Page 2 SUMMER EDUCATIONAL TALKS – SCHEDULE, CSU STUDENT SPEAKERS Board Member Roederer volunteered to conduct an educational presentation in Rocky Mountain National Park. He stated he was very reluctant to start a program which would not continue after he leaves the Tree Board. It was reaffirmed by other Tree Board members that these activities would be an ongoing program for the Tree Board after his term has expired. He requested a minimum of 5 participants and a maximum of 15, a meeting room in Town Hall to provide a brief presentation, and a vehicle to carpool participants to Endo Valley in Rocky Mountain National Park. The talk would be approximately 3 hours in length, starting at 9 a.m. and ending at noon. Municipal Service Worker Berg suggested the presentations be held on a Saturday or Sunday to increase attendance. There was discussion on how to utilize the Senior Center van and advertising capabilities to accomplish the Ecology Talk presentations. Trustee Ericson suggested the new Town Trolley be utilized for in-Town walks and the Board agreed. The Board discussed whether or not to require a fee for the Ecology Talks. After much debate on how this could benefit the speakers with a more interested audience, the fee was disregarded due to the added responsibility of handling money. Board Member Roederer stated these talks should be marketed as a Tree Identification Workshop - noting that participants will be involved in hands- on experience. He also stated he may have volunteered to lead the first talk, but if the other two presenters, Moore and Leatherman, were going to be paid for their time then he should be as well. This was informally agreed upon by all attendees. Board Members Roederer and Poggenpohl would schedule a meeting time to set a date for the first Ecology Talk. Chair Poggenpohl stated he would be approaching three organizations for their support and collaboration of these walks – The Town of Estes Park, Estes Valley Parks and Recreation District, and the Bureau of Reclamation. He would also approach Platte River Power Authority as a sponsor. He requested each organization’s key projects mentioned on the main kiosk as a sponsor. The Board discussed how to entice members of the local Garden Club to become involved in the Tree Board and the Ecology Talks. Chair Poggenpohl stated he would approach Merle Moore to recruit members from the Garden Club. MISCELLANEOUS ITEMS Municipal Service Worker Berg discussed the ISA Brochures stating 10 different brochures have been purchased to be placed in Town Hall and at the Library. ISA has given permission for the brochures to be placed on the Tree Board website. The Board members questioned whether or not stickers could be attached to the brochures providing contact information for the Tree Board and the website. Municipal Service Worker Berg would follow up with ISA, provide an answer to the question, and bring sample brochures to the next meeting. It was recommended that a member from the Tree Board attend the America In Bloom picnic to take place at the Hydro Plant. Chair Poggenpohl volunteered to attend on behalf of the Tree Board. Director Zurn would determine when the Tree Board should elect new officers and when Board Member Roederer’s term expires. There being no further business, Chair Poggenpohl adjourned the meeting at 9:40 a.m. Barbara Jo Limmiatis, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 4, 2013, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lynch, Members Bob McCreery, Wayne Newsom, Jeff Moreau, and Pete Smith; Alternate Member Chris Christian Attending: Chair Lynch, Members McCreery, Smith, and Moreau Also Attending: Recording Secretary Thompson Absent: Member Newsom Chair Lynch called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were three people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the May 7, 2013 meeting. It was moved and seconded (McCreery/Smith) to approve the Consent Agenda as presented and the motion passed unanimously with one absent. 3. LOT 3, KIOWA RIDGE SUBDIVISION, 2880 Kiowa Trail Recording Secretary Thompson announced the application for a variance at 2880 Kiowa Trail was withdrawn by the applicant. 4. REPORTS Recording Secretary Thompson reported there will be a Board of Adjustment meeting on July 2, 2013 at 9:00 a.m. There being no further business, Chair Lynch adjourned the meeting at 9:05 a.m. ___________________________________ John Lynch, Chair ___________________________________ Karen Thompson, Recording Secretary PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, CFM, Public Works Director Date: July 9, 2013 RE: Visitor Center Transit (Parking) Structure Planning Process Background: Request for Proposals for design of the Estes Park Transit Facility Parking Structure (EPTFP) is complete and five proposals have been received. As this project moves forward, the Town’s stakeholder committee will select the most qualified firm and then negotiate a fee in accordance with federal guidelines. Federal processes must be followed as the project is a grant funded project. The project will be financed with a portion of $3 million in Federal Transit Administration funds, $738,000 in Colorado State CMAQ and Faster funds and $865,000 dollars from the Town’s Community Reinvestment Fund, which establishes a total budget of $4,603,000 for the project. Proposals are currently being reviewed by the stakeholder committee. The committee consists of the following members: Frank Lancaster –Town Administrator Scott Zurn – Director of Public Works Alison Chilcott – Director of Community Development Peggy Campbell - Executive Director Visit Estes Park Gregg Rounds- Transportation Advisory Committee Thomas Widawski – Transportation Advisory Committee Staff has cultivated a new method of project development and approval intended to be a fast-track, inclusive process to allow for quick decisions and approvals by including entities with approval authority and community involvement throughout the entire project progression. The consultant will be required to facilitate the project development through the following phases: 1. Program Development Phase/Site Master Plan Phase 2. Schematic Design Phase 3. Design Development Phase 4. Final Design/Construction Document Phase 5. Bidding Phase 6. Construction management /Services Phase Numerous work sessions are outlined in the RFP to take place during the first three phases of work. The successful consultant or team of consultants shall be responsible for coordinating and documenting a new community process of design and approval of this project as follows: The Town intends for the Town Board, Planning Commission, staff and the public to attend all workshops. The Board of Adjustments will also be in attendance if decisions and variances are required during the design development. These workshops are intended not only to direct the design, but also to establish a joint approval from Town staff, Planning Commission and Town Board as the design develops through various phases. All workshops will be open to the public in order to satisfy the public hearing requirements. The public will also be encouraged to influence the design and decisions. This new process for the Town will serve as the Planning Commission review and ultimately Town Board approval. The consultant shall present a structure to facilitate these meetings for approval by the stakeholders in order to have productive meetings and ultimately gain community support and approval from the Town Board for the proposed project. These meetings will be held frequently to meet the objectives and achieve the best solution to the needs and goals of facilitating transit within the valley and to and from Rocky Mountain National Park. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, CFM, Public Works Director Date: July 9, 2013 RE: Multi-Purpose Event Center & Stall Barn Construction Update Background: Project progress this week includes the completion of foundations for the stall barn, with Dohn Construction moving toward backfilling these foundations. Structural steel building components are currently being fabricated and delivery of Stall Barn structural components are scheduled to arrive by the end of July. As soon as steel arrives, Dohn Construction will begin steel erection of the stall barn. Also this week, excavation begins for foundation construction of the MPEC. On-site work will begin to expand into both building pad areas and underground electrical service and main power installation will begin as well. Progress continues to consist of a large amount of work devoted to reviews and approvals of shop drawings, material approvals and fielding questions from Dohn Construction. As part of an ongoing focus, Public Works is challenging both the contractor and designers to work together in identifying some valuable engineering opportunities. The design team has added an under drain to the MPEC design due to additional geotechnical information and the foundation proximity to underground water and bedrock locations. Reductions have been made in areas of toilets and toilet partition finishes. These reductions are just one example of the ongoing effort to find savings in the project. Currently the project continues to be on schedule and within budget. To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Estes Park Tree Board Date: July 9, 2013 RE: Tree Board Appointments – Dewain Lockwood & Chris T. Reed Background: Currently the Estes Park Tree Board has two vacancies. A panel of Estes Park Tree Board members and staff interviewed Dewain Lockwood and Chris T. Reed for the open positions and were impressed with both candidates’ background and qualifications. Dewain Lockwood, together with his wife Katharine, won the Nebraska Tree Planter award in 2005. Dewain has planted 20,000 trees over the last 30 years. Chris T. Reed owns a tree service business in the area and has considerable tree care and logging experience. Chris is interested in all educational activities of the Tree Board. Both candidates have a great interest in Estes Park Tree Board activities and look forward to volunteering for the Estes Park Tree Board. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the appointment of Dewain Lockwood to the Estes Park Tree Board, with a term expiring December 11, 2015. The Estes Park Tree Board also recommends the appointment of Chris T. Reed to the Estes Park Tree Board, with a term expiring December 11, 2015. Sample Motion: I move for the approval/denial of the appointment of Dewain Lockwood to the Estes Park Tree Board, with a term expiring December 11, 2015. In addition, I move for the approval/denial of the appointment of Chris T. Reed to the Estes Park Tree Board, with a term expiring December 11, 2015. PUBLIC WORKS Memo Administration Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Lowell Richardson Assistant Town Administrator Date: July 9, 2013 RE: Capital Improvement Plan Policy Background: In 2010 the Town Board approved a process for managing capital projects, the CAMP (Capital Asset Management Plan). Staff has used this process for developing capital projects that are brought before the Town Board for approval. Since that time staff has continued to seek out improvements to the process with the intent of creating greater efficiencies regarding management of capital activities within the Town. Staff recognized the CAMP is a management tool that serves to effectively manage all things capital from inventory, to asset management, acquisitions, disposal and planning. It became obvious that capital planning by itself was a component missing from the CAMP. At the May 14, 2013 Town Board Study Session a draft Capital Improvement Plan policy was presented to the Town Board for discussion. At that session Town Board members provided input, suggestions and recommendations for revisions to the presented policy. Those revisions have been implemented. The draft policy is being presented tonight for approval by the Town Board. Budget: N/A Staff Recommendation: Staff recommends adopting the policy as presented. Sample Motion: I move to approve/deny Town Board Policy “Capital Improvement Planning” 103.1 thru 103.5 as presented.       Effective Period:  Until Superceded  Review Schedule: Annually/October  Effective Date:  July 10, 2013  References:    Purchasing Policy  Capital Asset Management Plan     TOWN BOARD POLICY   CAPITAL IMPROVEMENT PLANNING  103.1 – 103.5     Revisions:     103.1 Purpose To design a capital planning process for capital acquisitions, capital improvements and new capital projects. 103.2 Policy Under direction of the Town Board of Trustees the Town Administrator is responsible for preparing a five year Capital Improvement Plan (CIP). The completed CIP will be presented to the Town Board during the annual budget session. It is the intent of the Town Board through this policy that proper management and reporting is in place for all capital assets, acquisitions, improvements and construction projects. 103.3 Definitions 103.3.1 Capital Improvement Plan A Capital Improvement Plan (Program), or CIP, is a short to mid-range plan, usually four to ten years, which identifies capital projects and equipment purchases, it provides a planning schedule and identifies options for financing the plan. Essentially, the plan provides a link between the Town of Estes Park and its comprehensive and strategic plan and the annual budget. 103.3.2 Capital Expenditures The appropriation of bonds or operating revenues for improvements to Town infrastructure, facilities, roads, bridges, new construction and purchases. These expenditures typically have a cost of $50,000 or more and have a useful life of at least three years. 103.3.3 Capital Improvement These are improvements to land, facilities, equipment and infrastructure. Costs associated with capital improvement projects cost $50,000 or more and have a useful life of five years or more. 103.3.4 Capital Outlay       Effective Period:  Until Superceded  Review Schedule: Annually/October  Effective Date:  July 10, 2013  References:    Purchasing Policy  Capital Asset Management Plan     TOWN BOARD POLICY   CAPITAL IMPROVEMENT PLANNING  103.1 – 103.5     Revisions:     They are fixed assets which have a value of $5,000 or more and have a useful life of at least one year. 103.3.5 Capital Project A long-term investment project requiring relatively large sums to acquire, develop, improve, and/or maintain a capital asset (such as land, buildings, storm drainage, roads etc…) 103.4 Procedures Serving as a planning document in support of the Town Board of Trustee’s strategic planning process the Town of Estes Park’s CIP must ensure it is developed to achieve those goals and objectives identified within the strategic plan. Therefore, the CIP shall contain the following components: 103.4.1 CIP Annual Timeline The CIP annual timeline schedule will coincide with the Town’s annual budgeting process to ensure funds are appropriated and available for any capital project requests. 103.4.2 CIP Planning Development Timeline Future capital initiatives shall be presented within the annually revised CIP. It will outline the expenditures, acquisitions, projects and improvements in support of effective capital asset management. The identified planning timeline shall be no less than four years and no more than ten years. 103.4.3 CIP Funding Requirements As capital projects are identified within the CIP each project shall contain a recommendation and identified funding source. It will outline the funding specifics for the identified project or it will provide a series of funding options for Town Board consideration. 103.4.4 CIP Priorities       Effective Period:  Until Superceded  Review Schedule: Annually/October  Effective Date:  July 10, 2013  References:    Purchasing Policy  Capital Asset Management Plan     TOWN BOARD POLICY   CAPITAL IMPROVEMENT PLANNING  103.1 – 103.5     Revisions:     When prioritizing capital projects for the CIP the following considerations, presented in no particular order of importance, shall be given to each project: 103.4.4.1 Life/Safety 103.4.4.2 Legal Requirements 103.4.4.3 Essential Improvements (life cycle replacement of equipment, software or equipment upgrades to network, infrastructure improvements not of a life safety level etc…) 103.4.4.4 Quality of Life Improvements 103.4.4.5 Efficiency Improvements 103.4.4.6 Revenue Producing 103.4.4.7 Service Improvements 103.4.4.8 Service/Space expansion 103.4.5 CIP Framework The CIP is constructed for planning and addressing capital improvements, capital projects (new), purchases and other one-time cost projects. The framework of the CIP shall address capital needs under one of the primary categories and their subsets: 103.4.5.1 Acquisitions a. Land b. Structures c. Equipment d. Vehicles 103.4.5.2 Capital Services a. Master Plans b. Comprehensive Plan 103.4.5.3 Infrastructure a. Bridges b. Drainage Master Plan       Effective Period:  Until Superceded  Review Schedule: Annually/October  Effective Date:  July 10, 2013  References:    Purchasing Policy  Capital Asset Management Plan     TOWN BOARD POLICY   CAPITAL IMPROVEMENT PLANNING  103.1 – 103.5     Revisions:     c. Electric d. I.T. e. Streets f. Water 103.4.5.4 Public Facilities a. Improvements b. Maintenance c. New construction 103.5 CIP Community Participation A component of the CIP when practical may contain a component for community participation or as directed by the Town Board. 103.6 CIP Management/Monitoring and Reporting The Town Board encourages the use of contemporary project management tools and techniques for managing all capital projects. Built into any ongoing project shall be project updates. These reports shall address the project timeline, project milestones, budget updates and change orders exceeding the approved budget for the project. These reports shall be presented to the Town Board, a Town Committee and/or any other public forum as required. 305.1 Waivers Any section of this policy can be waived by a majority vote of the Town Board. ___________________________________ William C. Pinkham Mayor 1    TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE July 9, 2013 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4}(a}, C.RS. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4}(c}, C.RS. 4. For discussion of specialized details of security arrangements or investigations Section 24-6-402(4}(d}, C.RS. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4}(e}, C.RS. 6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non- disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g}, C.RS. 2    Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.RS. Section 24-6-402(4)(b) – Litigation. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.RS. Section 24-6-402(4)(e) - Cornerstone Engineering. 3    To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.RS. Section 24-6-402(4)(a). X For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c). For discussion of specialized details of security arrangements or investigations under C.RS. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): . The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the electronic recording or minutes for ninety (90) days. Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24- 72204(5.5) C.RS. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 4    ANNOUNCEMENT ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It is Tuesday, July 9, 2013 , and the time is (state the time) p.m. For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the Board of Trustees. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following person(s): Mayor Pro Tern Blackhurst. Trustees Mark Elrod. John Ericson, Wendy Koenig. Ron Norris. and John Phipps; and Town Administrator Lancaster. (Also include any others who will be present for the executive session in this announcement.) This is an executive session for the following purpose of: For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is outside of the proper scope of the executive session, please interrupt the discussion and make an objection. The close of the executive session is in the Mayor's discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board.