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HomeMy WebLinkAboutPACKET Town Board 2013-06-11The 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 Tuesday, June 11, 2013 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION. “Bike To Work Day – June 26, 2013” PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated May 28, 2013, and Town Board Minutes dated May 28, 2013. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services, May 23, 2013. 4. Tree Board Minutes dated May 20, 2013. (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes dated May 7, 2013. (acknowledgement only). 6. Resolution #11- 13 – Schedule public hearing date of June 25, 2013 for Change of Location for a Beer & Wine License held by CHEESY LEE’S AMAZING PIZZA LLC dba Cheesy Lee’s Amazing Pizza, from 861 Moraine Avenue to 600 W. Elkhorn Avenue. 2. LIQUOR LICENSE ITEMS: 1. NEW LIQUOR LICENSE - PARK THEATER MALL, LLC DBA HISTORIC PARK THEATER & CAFE, 130 & 132 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson. * Revised 6/7/13 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. REPORT AND DISCUSSION ITEMS: 1. VISITOR CENTER TRANSIT (PARKING) STRUCTURE UPDATE. Director Zurn. 4. ACTION ITEMS: 1. RESOLUTION #12-13 – APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE AND POLE ATTACHMENT AGREEMENT FROM BAJA BROADBAND, LLC TO TDS BAJA BROADBAND LLC. Attorney White. 2. PERSONNEL POLICY – COMPENSATION & BENEFITS POLICIES SECTION 300.4.1 – 300.4.3.13. Assistant Town Administrator Richardson. Rescheduled to June 25, 2013 3. BOARD POLICY GOVERNANCE – BOARD/STAFF LINKAGE. Administrator Lancaster. 5. ADJOURN * Town of Estes Park, Larimer County, Colorado, May 28, 2013 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 28th day of May, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 5:30 p.m. FUTURE AGENDA ITEMS. Updates on projects such as the MPEC and stall barn would be provided at Town Board meetings as a staff report. REVIEW OF STAFF PRESENTATIONS PROVIDED TO THE BOARD. Administrator Lancaster requested feedback from the Board on the staff reports and presentation given to the Town Board. Board comments included the following: more detail on planning items presented by Community Development, i.e. costs, codes being met or not, more detail on how staff reached a recommendation, and impact to the Town, departments, other entities and applicant; consistency with the reporting format; more detail on why a matter has been brought forward, what are the expected outcomes, and implications of information being reported; provide a flow in order to have a better understanding of the decision being requested; make sure the technical equipment works; identify the funding sources; attach relevant Planning Commission minutes to the staff report; Administration should report on the Mayor chat and other meetings Administration and the Mayor are having with other entities; appropriate financial information should be provided on projects brought forward for Board consideration; explain the alternatives or other items delayed due to the project; and continue to provide details such as contracts. TOWN ADMINISTRATOR REVIEW PROCESS. Trustee Norris and Koenig presented the procedures for the Town Administrator evaluation. Trustee Norris stated the process was kept simple and focuses on observable items. The evaluation process would focus on five key areas of leadership, planning and organizing, decision-making, communication, and community relations/interpersonal. He stated Administrator Lancaster requested Community Relations/Interpersonal be added to the evaluation and include relations with the Board of Trustees, staff and the community. The Board discussed the value of adding this item and stated concern with evaluating the relationship between the Administrator and staff. A 360 review was suggested as a tool to evaluate the relationship. The Board stated they do not have the expertise to perform such a review. The Board also discussed the proposed evaluation instrument and questioned whether or not this could be used by future Boards, and discussed the benefits of an outside entity to develop a review process. After further discussion, it was concluded to use the proposed evaluation process for 2013 and review the procedures for 2014, add the process to the policy governance, hire a consultant to review the process, and remove the staff component. The evaluations would be completed and returned to the Mayor and Mayor Town Board Study Session – May 28, 2013 – Page 2 Pro Tem by June 10th and hold the Administrator’s review in an Executive Session at the June 25, 2013 Board meeting. MISCELLANEOUS Mayor Pro Tem Blackhurst requested the Town explore the use of the grey (silver) shuttle line for Memorial Day 2014 due to the traffic volumes experienced this past holiday weekend. There being no further business, Mayor Pinkham adjourned the meeting at 6:30 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, May 28, 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 28th day of May, 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. PRESENTATION. The Rotary Club of Estes Park presented the Town with a check representing $2 million in funds raised for the community during the 20 years of the Estes Park Duck Race. The money raised helps to fund local entities and nonprofits in the community. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated the Audit Committee would meet to discuss the annual audit to be presented to the Board on June 25th. The Transportation Advisory Committee appointed Kimberly Campbell as the chair and Corey LaBianca the vice chair of the committee. The Committee would meet the third Wednesday of the month. Tree Board has two vacancies to be filed. A tree planting project was completed at the Scott Avenue ponds by Eagle Rock School. Trustee Phipps commented Hermit Park would be hosting an open house on June 6, 2013. Mayor Pro Tem Blackhurst thanked the Events staff and the Police department for their efforts during the past holiday weekend, ensuring a successful event in Bond Park and safe weekend for all. Trustee Koenig announced the 2013 recipients of the Estes Park Pride Awards including: Volunteer of the Year: Jayne Zmijewski and her dog, Lakota, Volunteer Group of the Year: Estes Valley Victim Advocates, Teacher of the Year: Brenda Humphrey, Businesspersons of the Year: John Cullen and Rick Benton of the Stanley Hotel, and High school scholarship recipient: Karin Kingswood. She stated Western Heritage held a successful antique show this past weekend, and continues to develop additional programs to fund the Queen’s scholarship program to maintain the rodeo queen locally. Trustee Norris stated the Visit Estes Park (LMD) Board met and announced the first quarter of 2013 revenues were up 20% from the previous year; the annual report is available online; they would launch a new website early next month; State Senator Kevin Lundberg and State Representative Perry Buck would attend their next meeting and hold a Town Hall forum on June 18th; and a strategic planning retreat would be held on October 15, 2013. Board of Trustees – May 28, 2013 – Page 2 Trustee Elrod commented the Estes Valley Planning Commission met in April and concluding the meeting Commissioners Joe Wise and John Tucker resigned from the Commission. He thanked both for their service to the community. Both the Town and County would be accepting applications to fulfill the terms of the vacated seats. TOWN ADMINISTRATOR REPORT. The current construction phase for Bond Park was completed on time and staff has begun preparing for the next phase. The stakeholder group would be brought together to discuss the phase and was represented by Mayor Pro Tem Blackhurst and former Trustee Jerry Miller during past phases. Mayor Pro Tem Blackhurst stated interest in continuing to serve on the stakeholder group. Any Board member interested in participating should contact Administrator Lancaster. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated May 14, 2013 and Town Board Minutes dated May 14, 2013. 2. Bills. 3. Committee Minutes – None. 4. Estes Valley Planning Commission Minutes dated April 16, 2013 (acknowledgement only). 5. Transportation Advisory Committee Minutes dated April 23, 2013 (acknowledgement only). 6. Resolution #09-13, Schedule public hearing of June 11, 2013, for a Tavern Liquor License Application filed by Park Theater Mall, LLC. dba Historic Park Theater & Cafe, 130 & 132 Moraine Avenue. 7. Approval of Compensation (Pay) Philosophy presented May 14, 2013. It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. REPORT ITEMS: 1. 1ST QUARTER FINANCIAL REPORT. Finance Officer McFarland reviewed the January–March financial data stating sales tax is 9% ahead of budget and 4% ahead of 2012; expenditures are within budget at 28% with 33% of the year completed; utility revenues and expenditures are within parameters; the Town ranks 4 out of 22 among CAST communities for overall sales tax over the past few years; the sales tax rate of change continues to increase at an annual rate of nearly 5.3%; food and lodging are up significantly over the past two years; and construction up 51% over the same period of time, which demonstrates the sales tax gains are broad-based. 2. GIS DEMONSTRATION. Consultant Jill Fischer/Invision GIS provided an overview of the work completed to date to reorganize the Town’s GIS system to make it efficient, improve communication between departments, and provide easy access for all users through the development of base maps. The Town had a number of master data sets that have been consolidated into one set of accurate data. Templates have been developed for each department in order to make relevant data available. She stated she has been working with other entities and districts (sanitation districts and RMNP) to share and utilize information between all entities. Additional projects include a new layer for all Town owned properties and a layer for addressing to move the assigning of address in the future from paper to GIS to increase accuracy. Board of Trustees – May 28, 2013 – Page 3 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. PRELIMINARY SUBDIVISION PLAT, Lot 3, Stonebridge Estates Subdivision, 1125-1195 Fish Creek Road, Seth Hanson/Applicant. It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda with the Planning Commission recommendations, and it passed unanimously. 2. ACTION ITEMS: A. FALL RIVER 12-19 ANNEXATION – RESOLUTION #10-13 & ORDINANCE #07-13 – PUBLIC HEARING. Senior Planner Shirk stated the annexation request is part of the overall Harmony Foundation Master Concept Plan including a development plan, lot consolidation plat and annexation. The applicant has requested a 20-year vesting of the development plan. The annexation includes the Harmony property, portions of Fish Hatchery Road to obtain contiguity and Rivers End Condominiums. As this annexation was considered a flagpole annexation due to the annexation of right-of-way to gain contiguity, all abutting property owners were notified of their right to join the annexation. The Rivers End Condominium Association contacted the Clerk’s Office and submitted all necessary documents and application to be included in the annexation as Addition 19. The Planning Commission approved the development plan at their April 16, 2013 meeting with the condition that Phases II and III shall be submitted for staff-level review and approval prior to issuance of building permits to ensure compliance with current standards in place at the time of build out. Mayor Pro Tem Blackhurst stated the annexation would bring new roads into the Town system which emphasizes the need to consider funds to maintain the Town owned roadways. It was moved and seconded (Norris/Phipps) to approve Resolution 10-13 to annex Fall River Additions 12-19, and it passed unanimously. Attorney White read the Ordinance into the record. It was moved and seconded (Norris/Phipps) to approve Ordinance 07-13 to annex Fall River Additions 12-19, and it passed unanimously. B. HARMONY LOT CONSOLIDATION PLAT, Senior Planner Shirk stated the consolidation would combine three existing unplatted parcels into one platted subdivision, eliminate interior property lines, vacate/dedicate appropriate road right-of-way, dedicate utility easements, and provide a concise legal description, Lot 1, Harmony Subdivision. The Planning Commission recommended approval of the lot consolidation at their April 16, 2013 meeting with conditions of approval including items such as compliance with the Harmony Foundation Master Plan Fire Mitigation Plan, installation of street signs prior to the issuance of the first building permit for Phase I, the submittal of the Harmony Subdivision Plat for recording prior to site work but no later than November 29, 2013, the plat shall include easements for utilities and a trail, the applicant would provide funds for the trail in lieu of building it with the development, and additional landscaping would be added to buffer the western building and future trail. It was moved and seconded (Elrod/Koenig) to approve the Harmony Foundation Lot Consolidation Plat subject to the findings and conditions recommended by the Planning Commission, and it passed unanimously. Board of Trustees – May 28, 2013 – Page 4 C. FEE WAIVER REQUEST FOR DEVELOPMENT & ANNEXATION APPLICATIONS BY HARMONY FOUNDATION. Director Chilcott presented a request from the Harmony Foundation to waive development fees and annexation fees related to the redevelopment of and future expansion of the property at 1600 Fish Hatchery Road for a total of $4,400. The Community Development/Community Services Committee recommended this request be considered by the entire Board at their April 25, 2013 meeting. Dorothy Dorman/Harmony Foundation Chief Executive Officer stated the foundation is a non-profit 501(c) (3) corporation, providing a needed health care service for residential treatment for addictive disorders. The foundation has been fulfilling its mission in the Estes Valley since 1969 providing approximately 700 individuals with treatment annually for a fee. The organization receives no federal or state funding. A capital campaign would be utilized to fund the improvements and financing for Phase I improvements of $4 million and an additional $10 million would be raised for the other two phases. She stated a detox center with 20 beds would be including in the first building, eliminating the need for individuals to be transferred to Larimer County in the future. Trustee Elrod questioned how the Foundation fits the fee waiver policy, especially 2.c. of the policy which stated the population being served is the general public and is not subject to any pre-qualification other than a needs based qualification. After further discussion, it was moved and seconded (Koenig/Blackhurst) to approve the requested fee waiver of $3,500 for the Development and Annexation applications by Harmony Foundation and Harmony Foundation provide the additional $900, and it passed with Trustee Elrod voting “No”. 5. ACTION ITEMS: 1. DEVELOPMENT PLAN AND VESTING RIGHTS EXTENSION – WAPITI CROSSING – CONTINUATION OF PUBLIC HEARING FROM MAY 14, 2013. This item was reviewed at the May 14, 2013 meeting and the public hearing was continued. Senior Planner Shirk restated the request by Lexington Lane LLC for a one-year extension of the development plan approved in 2008 and extended for two additional years in 2011. Since initial approval there has been no development activity or construction plans submitted for review/approval. Staff recommended conditional approval with the submittal of a revised Development Plan #07-13 for review and compliance with the Development Code Section 7.12 – Adequate Public Facilities prior to the approval of construction drawings and application for a building permit if the development plan and vesting extension are approved. Trustee comments included the following: staff recommended denial at the May 14th meeting and has presented a similar staff report for the approval of the request, which appears inconsistent; the need for a new traffic impact study seems unnecessary as traffic has not changed significantly since the approval of the development plan; the developer would have to follow the recommendations of the Fire District and Public Works would need to be met in the event the request was approved or denied; no development has begun in the past five years and questioned why now; and the applicant should apply for a new development plan to address the public facility needs. Jim Loftus/Lexington Lane LLC stated the intent was to develop the property within the last five years; however, the $660,000 cost for infrastructure improvements has been prohibitive in beginning construction due to the Board of Trustees – May 28, 2013 – Page 5 economic climate. Meetings have been held with both the Fire District and Public Works to address concerns and new drawing have been submitted to the Fire District for review. He stated the traffic impact study completed in 2008 addresses the need for turn lanes and there should be no need for an additional plan. The intent would be to start development in the spring of 2014 if the development receives the necessary funding to proceed. Fred Mares/Town citizen and neighbor would not support the request and questioned why the applicant did not come forward with the request 60 days prior to the expiration date. He has not heard Mr. Loftus state he plans to move forward with the project. It was moved and seconded (Blackhurst/Elrod) to extend the public hearing for 60 days to the second meeting in July to allow the developer time to gather the information needed to determine if current adequate public facilities are meet. The item was not voted on as a substitute motion was presented. It was moved and seconded (Koenig/Blackhurst) to approve the one year extension through May 31, 2014 with the submittal of the revised Development Plan #07-13 as outlined above and subject to the findings and conditions recommended by staff, and it failed with Trustee Koenig voting “Yes”. 2. CONSTRUCTION CONTRACT FOR MULTI-PURPOSE EVENT CENTER & STALL BARN PROJECT. Director Zurn presented the final negotiated construction contract for the Multi-Purpose Event Center (MPEC) and stall barn with Dohn Construction, Inc. At the March 12, 2013 Town Board meeting the Board approved the commitment letter and bid award to Dohn with financing to be determined and secured prior to May 31, 2013 in order to lock the bid prices presented on January 15, 2013. The Town has secured Certificates of Participation (COPs) to finance the construction; therefore, staff requests the approval of the construction contract in the amount of $5,165,500 with a 10% contingency. The contract is for the building only and does not include any internal finishes, infrastructure improvements (sidewalks, piping, trenching, ramps, etc.) or required turn lane from Hwy 34 onto Community Drive. Construction would begin on June 3, 2013 and be complete by February 14, 2014. It was moved and seconded (Blackhurst/Ericson) to award the construction contract for the Multi-Purpose Event Center (MPEC) and Stall Barn buildings with Dohn Construction, Inc., with a not-to-exceed cost of $5,165,500 and a 10% contingency of $516,550, and it passed unanimously. 3. MEMORANDUM OF UNDERSTANDING (MOU) ESTES PARK HOUSING AUTHORITY. Mayor Pro Tem Blackhurst recused himself as he is a member of the Housing Authority. The purpose of the MOU is to clarify the services provided by the Town to the Estes Park Housing Authority (EPHA). The Town shall provide office space, including utilities and phone service, IT services, legal services up to $10,000 annually, copier and fax services, access to Town benefits, and consider annual funding requests through the Town’s Community Services grant program. Either party may terminate the MOU with 180 day notice prior to the end of any calendar year. The MOU provides for an annual review of the terms and conditions. EPHA Director Kurelja stated the agreement documents the operations that have been established over the past 13 years when the Authority was formed by the Town in 2000. It was moved and seconded (Ericson/Phipps) to approve the Memorandum of Understanding between the Town of Estes Park and the Estes Park Housing Authority as presented, and it passed with Mayor Pro Tem Blackhurst abstaining. Board of Trustees – May 28, 2013 – Page 6 4. ORDINANCE #08-13 – LEASE AGREEMENT WITH THE ESTES PARK LIONS CLUB FOR THE CONCESSION STAND AT STANLEY PARK FAIRGROUNDS. Director Winslow stated the lease agreement provides the Lions Club with the operation of the concession stand at the Fairgrounds at Stanley Park through June 30, 2014. Trustee Koenig recused herself as she is a member of the Club. Attorney White read Ordinance #08-13 into the record. It was moved and seconded (Blackhurst/Phipps) to approve Ordinance #08- 13 for the lease agreement with the Estes Park Lions Club for the concession stand at Stanley Park Fairgrounds, and the motion passed with Trustee Koenig abstaining. Mayor Pinkham whereupon he adjourned the meeting at 10:06 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, May 23, 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 23rd day of May, 2013. Committee: Chair Ericson, Trustees Elrod and Norris Attending: Chair Ericson, Trustees Elrod and Norris Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Director Chilcott, Director Winslow, Public Information Officer Rusch, and Deputy Town Clerk Deats Absent: None 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. • June Special Events Report – The busy event season began last weekend with a successful JazzFest and Parade of Years Car Show, and will continue into October. Registration for Wool Market workshops is up slightly and the vendor barn is full with a waiting list for this year’s event. The June schedule includes both returning and new events such as the Ranch Horse Versatility Show at the Fairgrounds and the Rocky Mountain Bazaar in Bond Park. Planning for the USA Pro Challenge continues with a public informational meeting scheduled for June 6th. • Evaluation of Special Events – An evaluation of Special Events to determine cost vs. benefit was done at the Town Board study session on May 14th. In addition, Dir. Winslow met with VisitEstesPark staff to discuss how to evaluate the indirect benefit of events as well, and noted that sometimes what the Town and the LMD are looking for are two different things, for example, attendance at events as opposed to overnight stays in Estes Park. Staff will look into the possibility of renting the ice skating rink again for this coming winter from the City of Fort Collins, as well as discuss organizational leadership for next year’s WinterFest. • Event Participation January - April – Event participation has been good through April 2013 with WinterFest numbers at approximately 9,000, and typical numbers for the dog pull in February. • Museum/Senior Center Master Plan Next Steps – A final report will be compiled and presented to the Board at either the June 25th or July 9th Town Board meeting with a request for approval to adopt the report as a master plan document. The Board will be working on their long-term vision for the facility with a key component to the process being what the Estes Valley Recreation and Park District (EVRPD) decides to do in regard to a community center. Trustee Elrod expressed concern with the timeframe involved in addressing the needs of the museum. Dir. Winslow said he will inquire into EVRPD’s timeline for making decisions related to a community center. COMMUNITY DEVELOPMENT DEPARTMENT. Community Development / Community Services – May 23, 2013 – Page 2 REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Monthly Report – Dir. Chilcott highlighted activities of the Community Development Department. She said building permit activity, valuation, and development activity are all increasing. She reported that staff is working with Fire Marshal Robinson and the Fire District to promote building safety month and conduct a community forum on fire and building safety tips; and noted that an NFPA 13 sprinkler system is being installed at the Courtyard Shop property. Work continues on the Town’s addressing system and updating of the Town street map. She noted that an agreement to piggyback on Larimer County’s GIS software license contract is in the works which will increase availability of the GIS software to Town staff and save thousands of dollars in licensing costs. Dir. Chilcott said that revisions to the Municipal Code will be necessary related to compliance with the FEMA National Flood Insurance Program and will be brought forward to the Town Board in November. The response to Code Compliance Officer/Planner Kleisler’s ongoing outreach programs continues to be positive. Code compliance areas of concern include noxious weeds, vacation home rentals, dark skies, animal/human interactions, property maintenance, and community aesthetics. The Committee discussed vacation home licensing/permitting requirements and enforcement and the possibility of staff monitoring websites such as VRBO to confirm listed properties are licensed and compliant with rules and regulations. One opening exists on the Estes Valley Board of Adjustments; and two county seats need to be filled on the Estes Valley Planning Commission (EVPC). The Planning Commission approved the extension of the timeframe for rebuilding of non-conforming structures related to the Woodland Heights Rebuilding Program through June 30, 2015, to coincide with the timeframe adopted by Larimer County for the High Park Fire Rebuilding Program. Dir. Chilcott noted that to date, revenues exceed projections and expenses are below budget. Chair Ericson requested Dir. Chilcott provide a report that would include the number of permit requests, issued permits, and cancelled requests in order to evaluate workload related to increased activity. • Sign Code Update Status – Following a review of the Sign Code by Don Elliot of Clarion Associates, it was recommended that the Sign Code be re-drafted and put into a more practical and modern format; as well as to re-vamp the Creative Sign Design Program to increase its usability. It was Mr. Elliot’s opinion that the content of the Sign Code is good, but that it is difficult to find answers to common questions. In addition, a brochure will be created to concisely describe the real estate sign rules and regulations for the Estes Valley. Staff will contact real estate businesses that are displaying off-premise signs and request that they be removed. • Harmony Update – The Town Board will hear an annexation request and fee waiver request at the May 28th Town Board meeting. ADMINISTRATION. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Public Information Quarterly Report – Highlights of the reported included: o Outreach to the community about the America in Bloom Program and Judges’ visit which will be on July 11th and 12th. o The Bear Education Task Force continues to reach out to the community to provide education about wildlife-friendly trash containment, which includes a responsible business pledge that is being written by the Task Force and Bears R Us. Waste Management recently made upgrades to bear-resistant dumpsters available to their customers at no extra charge. In addition, an informational flyer was sent to residents in the most recent utility billing cycle, the Estes Area Lodging Association (EALA) is providing information to guests at local accommodations establishments related to wildlife-friendly trash management, and the Visitors Center staff also distributes this information. Community Development / Community Services – May 23, 2013 – Page 3 o A public program on Emergency Preparedness was held on May 9th which offered information about how to prepare for an evacuation. o “Payport” has been added to the Town’s website to allow on-line payments for a variety of Town services and fees. o The Bugle newsletter is being prepared for mailing in June. The Committee voiced concerns about the cost of mailing this document and proposed it be sent via email or by subscription. • Verbal Updates – o In the future, Administration and Public Information reports and updates will be included on Town Board meeting agendas as opposed to being part of the Community Development / Community Services Committee agenda. There being no further business, Chair Ericson adjourned the meeting at 9:27 a.m. Cynthia Deats, Deputy Town Clerk   Town of Estes Park, Larimer County, Colorado, May 20, 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 of Town Hall Room 100 in said Town of Estes Park  on the 20th day of May, 2013.   Present:  Rex Poggenpohl    Barbara Williams    Apryle Craig    Celine Lebeau  Also Present: Scott Zurn, Director of Public Works     John Ericson, Town Board Liaison     Jen Imber, Public Works Secretary      Brian Berg, Municipal Service Worker‐Parks Division  Absent:  Scott Roederer  Rex Poggenpohl called the meeting to order at 4:30 p.m.    GENERAL BUSINESS  Minutes from the March 19, 2013, Tree Board meeting were reviewed by members. It was moved and  seconded (Poggenpohl/Williams) to approve the minutes and it passed unanimously.  Rex Poggenpohl asked that for all future meetings, the previous month’s minutes be provided for the  purpose of review to all members via email one week prior to the upcoming meeting.   The Tree Board discussed reducing the number of members from seven to five active members with  one Town Board liaison. It was moved and seconded (Poggenpohl/Williams) to keep the Tree Board at  seven active members and it passed unanimously.  Members agreed the Tree Board by‐laws need to be reviewed and updated. Rex Poggenpohl will  discuss the by‐laws with Town Administrator Frank Lancaster and bring an updated draft to the June  meeting to review with members.  Rex Poggenpohl will contact the two applicants for the open positions on the Tree Board and schedule  interviews during the upcoming week. Brian Berg or Russ Franklin will attend, as well as one additional  Tree Board member and John Ericson.  The board discussed continuing meetings through the summer. During the last several years, meetings  have been suspended during the summer months, but due to increased summer educational activity  and two current members’ terms expiring in August, the board agreed meetings should continue  during the summer of 2013. The next meeting will be held on Monday, June 17th at 8:30 a.m.    ARBOR DAY 2013  Celine Lebeau gave a brief update on the success of the Estes Park Elementary and Eagle Rock school  celebrations.  In conjunction with the celebration, Eagle Rock students planted 70 trees around Scott’s  Ponds, thanks to funds donated by the Platte River Power Authority for the purchase of these trees.  The possibility of purchasing a banner to place at the Hwy 34/36 intersection announcing Arbor Day  and the Month of the Tree was discussed for next year’s celebration.  ISA BROCHURES  Brian Berg requested funding from the Tree Board for the purchase of 1000 ISA brochures and a  display kiosk. It was moved and seconded (Williams/Lebeau) to approve a budget of $267.40 for this  project and it passed unanimously.  ECOLOGY WALK/BOR MEETING  Several Tree Board members met with the Bureau of Reclamation (BOR) on May 13th to discuss an  interpretive walk on the path from the Visitor Center to Lake Estes. The BOR is already working in  collaboration with the Estes Valley Park and Recreation District on a project for that area, and the Tree  Board could piggyback its efforts onto this project in order to fast‐track approvals and avoid delays.  Barbara Williams’ notes from the May 13th meeting are attached.  SUMMER EDUCATIONAL TALKS  Rex Poggenpohl updated members on potential speakers for upcoming educational talks. Scott  Roederer will give a presentation on tree identification; Merle Moore will conduct a plant identification  walk through Estes Park and possibly a day tour to the Denver Botanical Gardens; and Dave  Leatherman will speak on trees as a center post of ecology. All three participants have agreed to  present, however no dates have yet been set.  It was moved and seconded (Williams/Craig) to approve a budget of $400.00 to compensate Merle  Moore and Dave Leatherman for the summer educational talks and it passed unanimously.  Apryle Craig proposed incorporating her fellow Colorado State University students into the summer  talks program to speak on their research, potentially with an August timeframe. The board will discuss  this in more detail during the June meeting.  Rex Poggenpohl adjourned the meeting at 5:30 p.m.  RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 7, 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, Newsom, Smith, and Moreau Also Attending: Planner Shirk, Recording Secretary Thompson Absent: None 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 November 6, 2012 meeting. It was moved and seconded (McCreery/Moreau) to approve the Consent Agenda as presented and the motion passed unanimously. 3. COURTYARD SHOPS, METES & BOUNDS PARCEL, 165 Virginia Drive Director Chilcott reviewed the staff report. She stated the request was for a variance from Estes Valley Development Code (EVDC) Section 4.4, Table 4-5, which requires buildings and accessory structures be setback a minimum of eight (8) feet from the front property line in the CD–Commercial Downtown zone district. The applicant desired to encroach approximately four (4) feet into the setback to construct a 25 square foot fire riser room addition. Director Chilcott stated the Courtyard Shops were constructed in the 1980s, and recently purchased by a new owner. The applicant is working with the Division of Building Safety to bring the building into compliance with the building codes. There are a number of unpermitted residential units in the building. One of the requirements is an automatic fire sprinkler system. The sprinkler system installation requires a dedicated room for the fire riser. Director Chilcott stated it might be possible to create a room inside the existing small garage, but having it outside the building would be more practical. The riser room would be four feet into the setback, and would have no adverse impact on the existing sidewalk. Director Chilcott stated the application was routed to affected agencies and adjacent property owners. Comments were received from the Chief Building Official (memo dated May 1, 2013), Estes Park Water Division staff (memo dated May 2, 2013), and the Fire Marshal (memo dated April 30, 2013). Staff Findings 1. The location of the water line/tap serving the Courtyard Shops building was determined with the Virginia Drive paving project last year. At that time the Town installed a new water service line/tap in anticipation of the need to upsize service into the building. 2. Installation of the sprinkler system has a significant positive impact on building use. The illegal residential units can become legal units and as businesses change in the future, the sprinkler system provides more flexibility for uses of individual rental spaces and to change uses in the future. 3. The variance is not substantial. The eight-foot minimum setback allows for sidewalks and pedestrian access in the downtown area. The adjacent sidewalk on Virginia Drive and pedestrian traffic will not be adversely impacted. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 7, 2013 4. The sprinkler system will reduce risk of fire spreading to adjacent properties and is, therefore, a benefit to adjacent properties. Building safety will be significantly improved with installation of the sprinkler system. 5. The applicant purchased the property in 2013 with knowledge of the setbacks. 6. Per code, a room must be dedicated solely for use as the riser room. The garage was considered as an option, but it contains mechanical equipment and electrical panels. 7. The variance represents the least deviation that will afford relief. The room is small at just 25 square feet. The Division of Building Safety has received the building permit application and verified the distance from the property line. As long as the fire riser room is built according to the plan, a setback certificate would not be required. There was brief discussion as to the conditions of the residential units. Director Chilcott and Chief Building Official Birchfield inspected the units in August, 2012. CBO Birchfield continues to work with the new owner to bring the building into compliance. The owner is making all the necessary improvements. Public Comment None. Staff and Board Discussion None. It was moved and seconded (Newsom/McCreery ) to approve the variance request as presented with the findings recommended by staff and the motion passed unanimously. 4. LOT 15, LITTLE VALLEY 1st FILING, 1634 Black Squirrel Drive Planner Shirk reviewed the staff report. He stated the applicant currently has a home under construction at this address, and he has requested a variance from EVDC Section 4.3, Table 4-2 to allow a front yard setback of 20 feet in lieu of the 50-foot setback required in the RE–Rural Estate zone district. The applicant desires to add a two-car attached garage, with a finished room above. Planner Shirk explained the minimum building setback line is 25 feet from the property line, which in this case is the center line of the platted ‘road’ easement. In addition to this setback, there is a 25 foot minimum setback from the edge of the road. The road was not constructed entirely in the easement. Planner Shirk stated the triangle-shaped lot created a very small building envelope. To construct the garage within the building envelope, a 10-15 foot foundation would be required, due to the slope of the lot. In addition, the compliant garage would be more visible from the road than if constructed in the proposed location. The proposed location has already been excavated for the driveway. Planner Shirk stated the 1.6 acre lot is small for the RE-Rural Estate zone district, which has a minimum lot size of 2.5 acres. Little Valley has 50-foot setbacks intended to keep structures separated. Planner Shirk stated the nearest home is 200 horizontal feet and 40 vertical feet away. Discussion occurred among the Board and staff regarding the measurement of setbacks when right- of-ways are involved. Director Chilcott clarified how the setback was measured. Planner Shirk stated the Little Valley Home Owners Association initially opposed the variance request, but after meeting with the applicant now supports the project and the request. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 May 7, 2013 Staff Findings 1. This request complies with review criteria set forth in Section 3.6.C of the Estes Valley Development Code. 2. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 3. The variance is not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variance would not adversely affect the delivery of public services. 6. The variance represents the least deviation from the regulations that will afford relief. 7. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 8. The submitted conditions or circumstances affecting the property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 9. Failure to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. Public Comment Greg Westley/applicant purchased lot in 2008 knowing the setbacks were tight. The home under construction has a basic rectangular footprint, and no garage was planned. Mr. Westley was approached by potential buyers who desire to have an attached garage. If the garage were shifted to the back of the home, extensive excavation would be required. The road encroaches into the lot, which minimizes the distance from the road to the dwelling. He did not meet with the HOA prior to submitting the variance application. However, he did meet with them prior to the Board of Adjustment meeting, explained the project, and they are now in support of the variance request. Staff and Member Discussion Member Newsom toured the site, and was supportive of the request. Member McCreery concurred with Member Newsom. Staff recommends approval with conditions. Conditions of Approval 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Prior to pouring foundation, surveyor shall submit Surveyors Setback Certificate (available in Community Development Department) that verifies compliance with approved site plan. 3. Exterior lighting shall be subject to review and approval of staff. Fixtures shall minimize direct glare on off-site properties. This condition shall apply to exterior lighting on the main structure as well as the garage addition. Planner Shirk stated due to the location of the garage, staff recommended exterior lighting be completely shielded from the side and top to minimize neighborhood impact. It was moved and seconded (Smith/Moreau) to approve the variance request as presented with the findings and conditions recommended by staff and the motion passed unanimously. 5. ELECTION OF OFFICERS This being the first meeting of 2013 for this Board, new officers needed to be elected. Director Chilcott stated the Chair shall be a Town resident, and the Vice Chair shall be a County resident. Member Newsom nominated Member Moreau for Chair. Member Lynch nominated Member McCreery to serve as Vice Chair. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 May 7, 2013 It was moved and seconded (Lynch/Smith) to elect Members Moreau and McCreery to the positions of Chair and Vice Chair, respectively. Director Chilcott stated staff recommended having regular meetings to approve the minutes of the previous meeting, even when there are no other applications on the agenda. This would avoid a long delay in distributing approved minutes to the public when variance applications throughout the year are few. There was general consensus among the Board to meet as needed to approve the minutes from previous meetings. There being no further business, Chair Lynch adjourned the meeting at 9:42 a.m. ___________________________________ John Lynch, Chair ___________________________________ Karen Thompson, Recording Secretary RESOLUTION #11-13 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a Change of Location for a BEER & WINE Liquor License, filed by Cheesy Lee’s Amazing Pizza, LLC dba CHEESY LEE’S AMAZING PIZZA, from 861 Moraine Avenue to 600 W. Elkhorn Avenue, Estes Park, Colorado, is May 22, 2013. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, June 25, 2013, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.39 miles, as measured from the center of the applicant's property. DATED this 11th day of June, 2013. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Page 1 TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: June 11, 2013 RE: Liquor Licensing: New Tavern Liquor License Application for Park Theater Mall, LLC dba Historic Park Theater & Café, 130 & 132 Moraine Avenue Background: An application for a new Tavern Liquor license was filed with the Town Clerk’s office on May 3, 2013, by Park Theater Mall, LLC dba Historic Park Theater & Cafe. This application was sent to the Liquor Division for a concurrent review in order to have the license approved by the State at the same time as the Town. This will enable the establishment to begin the sale of alcohol as soon as possible. All necessary paperwork and fees were submitted and the applicant is aware of the T.I.P.S. training requirement. Please see the attached hearing procedure for more information. Budget: None. Staff Recommendation: None. Sample Motion: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. I move to approve/deny the new Tavern Liquor License for the Historic Park Theater & Café. 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Park Theater Mall, LLC dba HISTORIC PARK THEATER & CAFE for a New Tavern Liquor License located at 130-132 Moraine Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed May 3, 2013. At a meeting of the Board of Trustees on May 28, 2013, the public hearing was set for 7:00 p.m. on Tuesday, June 11, 2013. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as an LLC. The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use. The notice of hearing was published on May 31, 2013 . The premises was posted on May 30, 2013 . 2 There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: X Unscheduled ____ Scheduled Completed There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, CFM, Public Works Director Date: June 11, 2013 RE: Visitor Center Transit (Parking) Structure Update Background: Request for Proposals for design of the Estes Park Transit Facility Parking Structure (EPTFP) is currently being advertised, with proposals due June 17, 2013. This 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 will be reviewed and selected based on qualifications and not on price, as dictated by federal regulations. After the most qualified firm has been selected, the detailed scope and price of the services will be negotiated, also as dictated by federal regulation. Staff intends to bring forward a recommendation to the Town Board of the most qualified firm and an agreement for services at the July 9, 2013, Town Board meeting. 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, likely as much as every week or every other week in order to facilitate the schedule and ultimately include everyone in the development of the design. Its intent is to achieve the best solution to the needs and goals of the community. Public Works looks forward to this new process, as well as your feedback and comments regarding this exciting project.  Memo Town Attorney To: Honorable Mayor Pinkham Board of Trustees From: Gregory A. White, Town Attorney Date: June 4, 2013 RE: Resolution No. 12-13 Baja Cable Television Agreement and Pole License Agreement – Consent to Transfer to TDS Baja Background: By letter dated March 20, 2013, and received on March 22, 2013, Baja Broadband, LLC (Baja) and TDS Baja Broadband LLC (TDS Baja) requested the Town Board’s consent to transfer the Cable Television Agreement dated December 11, 2012 from Baja to TDS Baja. Accompanying the letter was the Federal Communications Commission Form 394. FCC Form 394 is the document required, by federal regulation, to be delivered to the Town by Baja. Form 394 and its Exhibits contains the information necessary for the Town to review the requested consent to transfer the Cable Television Agreement. By letter dated May 3, 2013, Baja requested consent by the Town for the assignment of the Pole License Agreement dated December 11, 2012, from Baja to TDS Baja. The Asset Purchase Agreement between Baja and TDS Baja for Baja’s cable television system contemplates closing on August 1, 2013. Resolution No.12-13, if adopted, consents to the transfer of the Cable Television Agreement and consents to the assignment of the Pole License Agreement from Baja to TDS Baja as of the closing of the Asset Purchase Agreement between the two parties. In FCC Form 394 and the letter dated May 3, 2013, Baja and TDS Baja state that the transfer of Baja’s cable television system to TDS Baja will not result in changes to the current terms and conditions of the service and operation of the system and that TDS Baja, following closing, will comply with the terms and conditions of the Cable Television Agreement and the Pole License Agreement. The Staff states that there are no current defaults and/or liabilities under the terms and conditions of the Cable Television Agreement or the Pole License Agreement which need to be addressed and/or corrected prior to the granting of the consent to transfer Page 2 the Cable Television Franchise Agreement and the assignment of the Pole License Agreement from Baja to TDS Baja. Budget: There are no budget implications for the passage of Resolution No. 12-13. Staff Recommendation: Staff recommends adoption of Resolution No. 12-13 as Staff is unaware of any circumstance or reason for the Town Board to refuse to consent to the transfer of the Cable Television Agreement and the assignment of the Pole License Agreement from Baja to TDS Baja. Sample Motion: I move to approve/deny Resolution No.12-13. RESOLUTION NO. 12-13 APPROVAL OF THE TRANSFER OF THE CABLE TELEVISION AGREEMENT AND THE ASSIGNMENT OF THE POLE LICENSE AGREEMENT FROM BAJA TO TDS BAJA WHEREAS, Baja Broadband Operating Company, LLC (“Baja”) owns, operates and maintains a cable television system (the “System”) in the Town of Estes Park, CO (the “Town”) pursuant to the Cable Television Agreement dated December 11, 2012 (the “Agreement”); and WHEREAS, Baja Broadband Operating Company, LLC (“Baja”) is the Licensee under the License Agreement dated December 11, 2012 (the “License Agreement”) between the Town and Baja allowing Baja to place and maintain its equipment and facilities on Town utility poles and easements; and WHEREAS, Telephone and Data Systems, Inc., a Delaware corporation, entered into an Asset Purchase Agreement dated February 25, 2013 (the “Purchase Agreement”) with Baja pursuant to which Baja will sell and assign to TDS Baja Broadband LLC (“TDS Baja”), a subsidiary of Telephone and Data Systems, Inc., the System, the Agreement, the License Agreement and certain assets related thereto; and WHEREAS, Baja and TDS Baja have requested the consent of the Town to transfer the Agreement to TDS Baja, have filed the FCC Form 394 with the Town, and have provided all information required by applicable law (collectively, the “Transfer Application”); and WHEREAS, Baja has requested the consent of the Town to assign the License Agreement to TDS Baja effective as of the date of closing of the transactions contemplated under the Purchase Agreement; and WHEREAS, the Town has reviewed the Transfer Application and finds TDS Baja to be a suitable transferee; and WHEREAS, the Town has reviewed the request from Baja to consent to the assignment of the License Agreement to TDS Baja and has determined to consent to said assignment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Town hereby consents to the transfer of the Agreement from Baja to TDS Baja effective as of the date of the closing of the transaction contemplated under the Purchase Agreement (the “Closing”). 2. The Town hereby consents to the assignment of the License Agreement from Baja to TDS Baja effective as of the date of the Closing of the transaction contemplated under the Purchase Agreement. 3. The Town hereby releases Baja, effective as of the Closing, from any and all obligations and liabilities under the Agreement arising after the Closing provided TDS Baja shall be responsible for any and all obligations and liabilities under the Agreement arising from and after the Closing. 4. The Town hereby consents to the assignment of the License Agreement from Baja to TDS Baja effective as of the Closing as requested in the letter dated May 3, 2013, from Baja and TDS Baja. 5. This Resolution shall have the force of a continuing agreement with Baja and TDS Baja, and the Town shall not amend or otherwise alter this Resolution without the consent of Baja and TDS Baja. 6. In the event the Closing, as contemplated in the Purchase Agreement, does not occur on or before December 31, 2013, this Resolution shall become null and void and of no further force and effect as of December 31, 2013. 7. The appropriate officials of the Town of Estes Park are hereby authorized to execute any documents necessary including, but not limited to, the request to consent to the assignment of the License Agreement dated May 3, 2013, to effectuate the transactions contemplated pursuant to the terms of this Resolution. 8. This Resolution shall become effective immediately upon passage by the Town Board. PASSED AND ADOPTED at a regular meeting this ____ day of ____________, 2013. Mayor ATTEST: Town Clerk I, Jackie Williamson, Town Clerk of the Town of Estes Park, Colorado, do hereby certify that the above is a true copy of Resolution No. 12-13 of the Town of Estes Park on file in my office as part of the official records of the Town of Estes Park, Colorado which are in my custody. ________________________________ Jackie Williamson TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: May 14th, 2013 RE: Approval of Policy Governance: Board/Staff Linkages Background: The Town Board has been working on adopting the Policy Governance model of governance for the Town. Previously the Board official adopted the first section of Policy Governance concerning Board Governance and the section on Staff Limitations. This is the third policy section of the Town’s Policy Governance Manual concerning Board/Staff Linkages which defines the Board’s expectations from the Town Administrator and the Town Attorney and how the Board will measure those expectations. This was reviewed by the Board at the last Study Session and revised, incorporating the comments from that discussion. Budget: n/a Adopted 5-14-2013 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 5-14-2013 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 5-14-2013 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 5-14-2013 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. Adopted 5-14-2013 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. 2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town Administrator in March which will include a summation examination of the monitoring data acquired during that period. Adopted 5-14-2013 6 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 Adopted 5-14-2013 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 5-14-2013 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 5-14-2013 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.