HomeMy WebLinkAboutPACKET Town Board Study Session 2020-12-08December 8, 2020
5:15 p.m. – 6:30 p.m.
Board Room/Virtual
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020.
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/92649678441 Webinar ID: 926 4967 8441
CALL-IN (Telephone Option): 833-548-0276 (toll-free) Meeting ID: 926 4967 8441
5:15 p.m. Downtown Estes Loop Quarterly Update.
(Director Muhonen)
5:45 p.m. Policy 671 – Town Funding of Outside Entities Revisions.
(Assistant Town Administrator Damweber)
6:15 p.m. Trustee & Administrator Comments & Questions.
6:25 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:30 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 5:00 p.m.
Town Board Study Session for December 22, 20120 Has Been Cancelled.
AGENDA
TOWN BOARD
STUDY SESSION
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PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, PE, Public Works Director
Project Technical Advisory Committee (TAC)
Date: December 8, 2020
RE: Quarterly Update on Downtown Estes Loop Project (DEL)
Objective:
Update the Town Board on the activities that have taken place on the Downtown Estes
Loop (DEL) project since the September 22, 2020 Town Board Study Session.
Present Situation:
Right of Way: Purchase of all seven parcels is complete, including the
condemnation action on the Minglewood parcel. Use of the acquired parcels for
temporary parking areas has been robust and popular with the public. The Part 2
Right of Way plans are approved by CDOT and the consultants have issued
Notices of Interest to the impacted property owners for the negotiated acquisition
of 33 easements and rights-of-way slivers. Appraisals have been ordered by
CDOT for four parcels and owners notified of their right to obtain a separate
appraisal from an appraiser on the CDOT certified list.
CLOMR: the application has not yet been submitted to FEMA for the Conditional
Letter of Map Revision. The FEMA review and approval process is expected to
take 9 to 12 months. The project design consultant is working through inputs into
the two dimensional floodplain model for the no-rise calculations.
Budget: No changes since the September update. Central Federal Lands
Highway Division (CFLHD) previously updated the project budget from $17.2
million to $21.5 million to reflect the estimated additional costs to complete the
preliminary engineering (design, right of way acquisitions, easement acquisitions,
and building demolition). This is reflected in the proposed amendment to the
Memorandum of Agreement between the Town and CFLHD.
Schedule: The project schedule anticipates completion of the construction
documents by the spring of 2021. Right of way and easement acquisitions are
expected to extend into the summer of 2021. In consideration of the incomplete
ROW and CLOMR processes, the project construction work is expected to be
delayed. Bidding is targeted for fall 2021 with off-roadway construction occurring
in the summer of 2022 (new wall near Fun City and Ivy Bridge). The primary
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project construction is expected to begin in October 2022 and extend thru June
of 2023.
Memorandum of Agreement (MoA). CDOT retracted its previous offer to assume
financial responsibility for any multi-year cost obligations potentially incurred by
the MoA (in lieu of inserting a TABOR clause limitation). The Town Attorney has
offered new language to CFLHD for inclusion in an amendment to the
Reimbursable Agreement and the MoA. Amicable negotiations remain in
progress, as all parties are committed to following the legally correct path
forward.
Proposal:
The TAC proposes to continue the design and right-of-way acquisition efforts in 2020
and bid the construction work in the last quarter of 2021.
The PW staff submitted a grant application to the US Dept of Transportation for funding
from the 2020 Better Utilizing Investments to Leverage Development (BUILD) program.
As occurred with the 2019 application, the 2020 application was not funded. Staff is
evaluating two alternative FEMA grant programs to potentially fund the Phase 2
improvements defined in the DEL environmental assessment.
Advantages:
The project benefits are numerous and include relief to the Town’s downtown traffic
congestion problems, improved downtown mobility for bicyclists, reduction in downtown
flood risk from the Big Thompson River, improved water delivery for fire protection, and
closure to property owner uncertainty surrounding the DEL.
Disadvantages:
Some community members do not support the partner agencies building the DEL.
Action Recommended:
n/a
Finance/Resource Impact:
The Town has expended no additional funds for this project since the previous quarterly
update. The 2014 Memorandum of Agreement between the Town, CDOT, CFLHD, and
RMNP estimated this project would cost $17.2 million with construction occurring in
2016. In 2019 CFLHD dedicated more than $2 million of additional Federal Lands
Access Program (FLAP) funds to cover increased right of way acquisition costs. The
Town remains obligated to pay a local match of $4.2 million (CDOT devolution funds)
for the Phase 1 project. The Town has spent $3,823,977 to-date. A total of $9.5 million
has been spent by CFLHD on the project to-date.
Level of Public Interest
The known level of public interest in this item is high.
Attachments:
1. Presentation slides for the Phase 1 project
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Draft Presentation subject to change.
Downtown Estes Loop Project
Estes Park Town Board Study
Session
December 8, 2020
Draft Presentation subject to change.
Today’s Agenda
• Progress Update
•Right of Way
•MOU Amendment/
Budget Update
• Project Schedule
• Next Steps
•Q&A
Attachment 1
Page 5
Draft Presentation subject to change.
Project Scope – Phase 1
• Phase 1:
– Reconstruction and realignment of
Riverside Drive
– Reconstruction of the Ivy Street Bridge
– New and Coordinated traffic signals with
Riverwalk
– Associated transportation improvements
along Elkhorn and Moraine
– New on street bike lane on Moraine and
Riverside
– Continuous sidewalks along entire Loop
– Channel Improvements between Ivy St
and Rockwell St
– Wayfinding signs, parklands
• Does not include:
– Rockwell and Riverside Bridges
– Relocation of Public Restroom
– Downstream Floodplain Improvements
Draft Presentation subject to change.
Right-of-Way Acquisitions Process
• CDOT is the lead agency for Right of Way (ROW) Acquisition on the Project.
• Process follows Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (Uniform Act).
• CDOT has purchased each of
the seven full purchase
properties.
• CDOT continues to assist the
property owners and tenants who
require Relocation. Payments to
one tenant are scheduled and
two business owners are still
within the time limits to submit re-
establishment claims.
CDOT owned properties
Page 6
Draft Presentation subject to change.
Summary of Right-of-Way
Acquisition Process
Draft Presentation subject to change.
General Condemnation Process
Page 7
Draft Presentation subject to change.
Right-of-Way in detail
• The 8 structure removals are complete.
• Right-of-Way plans for the second portion of the Right-of-Way
acquisitions have been authorized.
- Identified are an additional 8 fee acquisitions (right-of-way
purchases), 3 permanent easements, and 22 temporary easements.
- One personal property relocation has been added.
• Notices to those property owners have been sent and meetings with
the owners are in process.
Draft Presentation subject to change.
MOA Amendment
• CDOT has retracted the previous offer to assume financial
responsibility for any multi-year cost obligations potentially incurred
by the MoA (in lieu of inserting a TABOR clause limitation).
•The Town Attorney has offered new language to CFLHD for
consideration as an amendment to the Reimbursable Agreement
and the MoA. Language is still under review by CFLHD
UJ1
Page 8
Draft Presentation subject to change.
Budget Update
PROJECT BUDGET FOR ALL SEGMENTS
Item
Estimated Cost for
CFLHD Performed
Services
Comments
Preliminary Engineering
(PE) and Environmental
Compliance
PE Subtotal $2,880,000
ROW Acquisition & Utility
Relocation ROW Subtotal $7,100,000
Construction Contract (CN)
CN Subtotal $10,120,000
Schedule A $9,520,000
Option X $600,000
100% of Cost Borne
by Town of Estes Park.
Construction Engineering
(CE)CE Subtotal $1,400,000
TOTAL $21,500,000
Draft Presentation subject to change.
Project Schedule
Page 9
Draft Presentation subject to change.
Construction Schedule Scenarios
Major Factors Driving Schedule:
– CLOMR Application Approval
– ROW/Easement Acquisition
Construction Schedule*:
– Advertise Spring 2022
– Construction 2022/23
*Pending permit approvals and ROW acquisition
Draft Presentation subject to change.
Next Steps
•Upcoming Milestone: 95% submittal of plans in Winter 2021
– Ongoing Design Refinements – Landscaping, lighting, roadway,
traffic
– Continue Right of Way Acquisition
– Finalize Channel Hydraulic Analysis – Submit FEMA CLOMR
Application and USCOE 404 Permit
– Utility relocations (Xcel, CenturyLink, EPSD, UTSD, Town of EP
Water/Power)
• Monthly Technical Advisory Committee (TAC) Meetings
– Members include representatives from CFLHD, CDOT, Estes Park
• Town Board Quarterly Updates
– next presentation on March 9, 2021
Page 10
Draft Presentation subject to change.
Questions and Answers
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TOWN ADMINISTRATOR’S OFFICE Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: December 8, 2020
RE: Potential Revisions to Policy 671 – Town Funding of Outside Entities
Objective:
Receive direction from the Town Board regarding potential revisions to Policy 671 –
Town Funding of Outside Entities.
Present Situation:
During the Budget Work Sessions held in October the Town Board expressed interest in
reassessing the eligibility criteria for Town funding of outside entities, particularly those
related to Community Initiative Funding. Concern was expressed about the lack of
eligibility restrictions in Policy 671 – Town Funding of Outside Entities. More specifically,
some Trustees questioned whether it was appropriate for Town funds to be used to
support other taxing districts or organizations that support those taxing districts. There
were also questions about the appropriateness of Town funds supporting organizations
that are primarily funded through their membership.
As it relates to Community Initiative Funding, the policy currently includes the following
eligibility criteria:
“Any entity or group serving the Estes Valley is eligible to apply for Community Initiative
funding, except those groups receiving Base funding under Section 3.a of this policy.
Base funding recipients must ask for all desired funds through the Base funding
process.”
Proposal:
If the Board is interested in amending Policy 671 to make other taxing districts and
organizations that support them ineligible for Community Initiative Funding, staff
proposes adding the following language, in italics, to the eligibility section of the policy
(Section 3(b)ii):
“Any entity or group serving the Estes Valley is eligible to apply for Community Initiative
funding, except those groups receiving Base funding under Section 3.a of this policy.
Base funding recipients must ask for all desired funds through the
Base funding process. Taxing districts and organizations that support taxing districts
other than the Town are not eligible for Community Initiative Funding.”
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If the Board is interested in also making membership organizations ineligible for
Community Initiative Funding, staff proposes adding the following language, in italics, to
the eligibility section of the policy (Section 3(b)ii):
“Any entity or group serving the Estes Valley is eligible to apply for Community Initiative
funding, except those groups receiving Base funding under Section 3.a of this policy.
Base funding recipients must ask for all desired funds through the Base funding process.
Taxing districts, organizations that support taxing districts other than the Town, and
organizations that require membership dues are not eligible for Community Initiative
Funding.”
Advantages:
If Policy 671 is amended as proposed above, Town funding for Community
Initiatives would not go to other taxing districts, organizations that support them,
and/or organizations that require membership dues. These funds could be used
to support other eligible organizations or otherwise be reallocated.
Disadvantages:
Some organizations that support taxing districts and/or those that require dues
for membership may also provide benefits to the community. It is possible that
such community benefits may be jeopardized without financial assistance from
the Town.
Finance/Resource Impact:
Not applicable at this time.
Level of Public Interest
Medium.
Attachments.
None.
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January 12, 2021
Stormwater Next Steps
January 26, 2021
Parking Enforcement Municipal
Code Changes
Items Approved – Unscheduled:
Cameron Peak and East Thompson
Zone Debrief
Revisit Fee Waiver/Subsidy Policies
Discussion with County Assessor
regarding Assessment of Vacation
Rentals
Distributed Energy Discussion
Reverse Decriminalization of
Municipal Code
Rooftop Rodeo Financial Overview
Oral History Program Discussion
Items for Town Board Consideration:
Review Draft Electric Vehicle
Infrastructure and Readiness Plan –
January 26, 2021
Future Town Board Study Session Agenda Items
December 8, 2020
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