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HomeMy WebLinkAboutMINUTES Town Board 2011-03-08Town of Estes Park, Larimer County, Colorado, March 8, 2011 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 8' day of March, 2011. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Town Attorney White Cynthia Deats, Deputy Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. Charley Dickey, Town resident, voiced appreciation to Police Department staff for preparing a business alert seminar scheduled for March 28th, and thanked staff and the Trustees for considering feedback related to modifications for the upcoming Surprise Sidewalk Sale. He reported that this year's Winterfest drew 3,500 people compared to 1,000 people in 2010, and asked for support for the event from tourism groups and the business community. George Hockman, Town resident, expressed dissatisfaction and opposition to limiting public access to the Town Hall offices stating that town government exists to serve the people of the community. TOWN BOARD COMMENTS. Trustee Blackhurst stated that the Estes Park Housing Authority's regular meeting is scheduled for Wednesday, March 9th at 8:30 a.m. in Room 203. He congratulated Derek Fortini, Museum Manager, on completing his Master of Fine Arts degree in Art History. Trustee Ericson, in light of the meeting agenda, reminded the public of guiding principles that were adopted by the Town Board which are to maintain and strengthen economic vitality, preserve our unique character and history, and enhance recreational and cultural opportunities. Trustee Levine asked for nominations for the Estes Park Pride Awards which are due by March 31 st On behalf of a community member, Trustee Koenig publicly thanked the Police Department for being helpful and caring. Mayor Pinkham said the Town should be proud of the Police Department staff. He noted that the Estes Park High School girls' basketball team has advanced to the State tournament. Board of Trustees — March 8, 2011 — Page 2 1. CONSENT AGENDA: 1. Town Board Minutes dated February 22, 2011. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee, February 24, 2011. 1. Resolution #04-11, Surprise Sidewalk Sale, May 7-8, 2011. 4. Estes Valley Board of Adjustment Minutes dated February 1, 2011 (acknowledgement only). It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. TOWN BOARD LIAISON UPDATES. Trustee Ericson reported that an audit committee meeting was held last week and announced that the Town received the Award of Excellence in Financial Reporting for 2009. He said the audit will take place the second week of April and noted procedures related to funds received from the American Recovery and Reinvestment Act were reviewed and found to be in compliance and congratulated the Finance Department on these achievements. The Transportation Visioning Committee added a representative from the YMCA to its membership with the regular meeting being held the first Wednesday of the month and work groups on the second, third, and fourth Wednesdays of the month. All meetings are held at 3:00 p.m. in Town Hall Room 130 and the public is invited to attend. Trustee Elrod reported that the Estes Valley Planning Commission (EVPC) will be discussing Planned Unit Developments (PUD) at their meeting on Tuesday, March 15, 2011. Trustee Koenig said she attended a fundraiser for Kellsie Purdie, Miss Rodeo Colorado, and said it was heartwarming to see the support for Kellsie and her family, and noted that Kellsie will represent Estes Park well during her reign. Mayor Pinkham reported that the Elkhorn Lodge project continues to move ahead and said more information will be available as the project becomes better defined. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt reported that MacGregor Avenue has reopened following recent underground utility work and that the timing for resurfacing of the road is dependent upon whether improvements to Bond Park are approved. 3. ACTION ITEMS: 1. INVESTMENT SERVICES CONTRACT AWARD. Statutorily, the Town is limited to utilizing certain types of investment instruments, such as institutional money market funds, certificates of deposit, treasury securities, investment -grade obligations of state, provincial and local governments, and public securities. Managing these types of investments is Board of Trustees — March 8, 2011 — Page 3 beyond the scope of staff, consequently, the Town employs an investment advisory service to manage its $18-22 million of investments. Cutwater Asset Management (formerly MBIA) has been providing investment advisory services to the Town since 2002. Finance Officer McFarland stated that the Town's funds are managed in a non -discretionary manner, meaning a Town representative must grant written permission for trades, and all investment decisions are made according to the Town's investment policy of safety, liquidity, and yield. In late 2010, an RFP was utilized to solicit bids for management services for 2011-2013. Four responses were received, telephone interviews were conducted, and the companies were ranked on services management philosophy and results in portfolio net of fees. Discussion at the Audit Committee meeting held March 2nd resulted in a recommendation to continue with Cutwater Asset Management Group for a three-year term. Finance Officer McFarland noted there is no budget ramification as investment fees are netted out with investment income and spread over all funds in proportion to fund balances. The Trustees discussed fee structures including management, safekeeping, and brokerages fees. It was moved and seconded (Ericson/Blackhurst) to award a contract for investment services to Cutwater Asset Management Group at a rate of 10 basis points for a three-year term, renewed annually, and it passed unanimously. 2. HISTORIC PRESERVATION ORDINANCE REVIEW. John Baudek, co-chair of the Historic Preservation Ordinance Committee (HPO) said since July 2010, the Committee has held 27 meetings, reviewed 38 Colorado city ordinances and dozens of guideline documents, obtained input from the Town attorney and the Colorado State Office of Historic Preservation, and devoted over 8,000 volunteer hours to compose an ordinance, summarize public feedback. and make revisions to the draft ordinance. Numerous public outreach opportunities were utilized to provide information to the community including an open house, two public forums, presentations, e-mails, and articles in both local newspapers. Ron Norris, co-chair of the HPO highlighted concerns of those opposed to the ordinance and said that the ordinance will not make all of Estes Park a historic district, nor will any building over 50 years old be subject to its regulations. The ordinance would empower individuals and neighbors to get historic designation for their properties or neighborhoods. Concerns include too much government control, participation could become mandatory if ordinance is amended by a future board, an increase in tourist traffic in residential areas, negative impact to property values, regulations related to demolition of property, adds additional responsibilities to Town staff, and includes unclear consent/opt-out provisions. Co -Chair Baudek read excerpts from letters supporting the ordinance and noted that studies have shown that historic designation increases property values from 8-20% above similar properties. The ordinance does not require any homeowner or business owner to designate their property as a local historic landmark and only the property owner can request this designation. He noted that the ordinance is aligned with many of the goals and core values of the Town, and said that once the ordinance is passed and the commission is formed, Certified Local Government (CLG) status could be attained within weeks. The Committee recommends enacting the ordinance and reviewing it in one year and, at that time, consider whether to expand to the entire Estes Valley. Board of Trustees — March 8, 2011 — Page 4 Trustee Koenig commented that tax credits are available to citizens, regardless of whether the Town adopts the HPO, and said that costs to alter or remodel a property may increase with historic designation. She voiced concern that Section 12 #1 related to the imposition of a 60-day waiting period for an alteration permit contains a loophole that negates the voluntary characteristic of the ordinance. Property owners who are not participating in historic designation should not be subject to this regulation or made to go through an appeals process. Trustee Miller said the intent of this section is to provide the Commission time to consider whether a property that may be removed or demolished is historic, and suggested removing "significantly alter" from the wording of the document. Trustee Koenig said there is no good opt -out mechanism for a property to be removed from the historic designation once included. Co -Chair Baudek cautioned that the ordinance must meet certain requirements in order to achieve CLG status. Trustee Blackhurst suggested an opt -in procedure for people wanting to participate in historic designations, therefore no action would be required of those who do not want to participate. He voiced concerns about tax implications, recording the historic designation document against the title of a property, and the burden of involvement placed on Town departments. Trustee Elrod suggested consistent reference and definitions to terms described in the document, in particular to the use of the term "notice". Trustee Ericson thanked the HPO Committee for their work on the ordinance and thanked the citizens who participated in open houses and forums. Town Administrator Halburnt said information related to the amount of time staff would need to devote to historic preservation matters if the HPO is adopted will be available at the next Town Board meeting. PUBLIC COMMENT. Joshua Westmoreland, County resident, spoke in opposition to the HPO and pointed out inconsistencies within the document. He said published reconnaissance survey results may create security risks for property owners, that the document contains no clear means for removal of a property from historic designation, the purposes of the ordinance are presumptuous and speculative, and that the ordinance creates a heightened risk of trespass. Connie Phipps, Elaine Winslow, Ann Racine, John Marks, Cora Petrocine, Bob Winslow, Johanna Darden, Paul Brown, John Meissner, and Bob Cheney all spoke in opposition to the Historic Preservation Ordinance. Their concerns included: increased tourist traffic, creation of an additional government bureaucratic layer, CLG classification is not necessary to receive historic preservation benefits, invades the rights of private property owners, causes financial distress and creates litigation, opposed to additional arm of government, opt -out option could be changed by four board members, public has no chance to vote on the ordinance, this ordinance is not necessary, spoils peace and quality of residential life, it is expensive to follow guidelines of historic districts and difficult to comply with standards, not entirely voluntary, too restrictive, gives the committee power over individual property rights, not opposed to historic preservation, and could support a non -governmental organization that would encourage preservation and historic designations in commercial areas. Robert Ernst, Town resident, spoke in favor of the ordinance and thanked the Town Board for having the foresight to create a commission to preserve the history and culture of Estes Park. Board of Trustees — March 8, 2011 — Page 5 Trustee Blackhurst voiced disappointment with the way the HPO has divided the community. Trustees Elrod, Ericson, Koenig, Miller, and Mayor Pro Tem Levine said it is healthy to have public discussions and hear the pros and cons on issues and that the comments heard were thought -provoking. Mayor Pinkham thanked those in attendance for their participation and assured them that their concerns were heard. The Historic Preservation Ordinance will be considered at the March 22nd Town Board meeting. Mayor Pinkham called for a ten minute recess and resumed the meeting at 10:10 p.m. 3. BOND PARK STORM WATER AND DRAINAGE EASEMENT. Two easements currently exist at 234 E. Elkhorn Avenue: the Riverwalk Easement for construction of the Riverwalk and the Utilities Access easement, an ingress and egress easement for the installation and future maintenance of utilities installed in the Riverwalk Easement. Staff has been negotiating with Abundant Properties of the Rockies, LLC, owner of the property, to amend the Riverwalk easement and replace the Utilities Access easement. This easement is important to the storm water and drainage improvements included in the redevelopment of Bond Park. Following negotiations an agreement was reached for an easement which will allow for the construction and maintenance of utilities and drainage facilities across and under the easement. The property owner will continue to use the area as a parking lot and the Town will pave and stripe the lot and will provide a pedestrian surface to the easement, similar to the pedestrian surface in Confluence Park. PUBLIC COMMENT. Johanna Darden, Town resident, asked about funding for the resurfacing associated with the easement. Town Administrator Halburnt said the money is budgeted in the Public Works department budget. It was moved and seconded (Blackhurst/Levine) to approve the easement agreement with Abundant Properties of the Rockies, LLC subject to the addition of Exhibits A and B as compiled by staff and attached by Town Attorney White, and it passed unanimously. 4. BOND PARK PHASES I AND III CONSTRUCTION BID. In May 2010, the Town Board approved moving forward with the design of Phases I and III of the Bond Park redevelopment to encompass the drainage issues and utilities in the area. RG & Associates consultants estimated the cost of both phases at $702,000, and in January 2011, the Town Board approved the design for Phases I and III, and the solicitation of construction bids. Bids for Bond Park Phases I and III, offsite storm sewer and related infrastructure were opened on March 4, 2011, with the lowest base bid of $768,638.39 submitted by Cornerstone Construction Concepts. Paul Kuhn, Winston Associates, and Gary Welp of RG & Associates presented two options for completion: Option 1. Reconstruction of MacGregor Avenue with unit pavers, sidewalks on both sides of MacGregor Avenue, and storm sewer installation. Option 2. Construction as noted in Option 1 with the addition of improvements extended along Park Lane. Discussion ensued related to material costs, the benefits of completing the full project to capitalize on lower prices, and minimizing disruption to the neighborhood and businesses. Open Space funds in the amount of $500,000 are committed to the project and the Trustees concurred that funds from the Community Reinvestment Fund totaling $345,501 be utilized to complete the full project. PUBLIC COMMENT. Board of Trustees — March 8, 2011 — Page 6 Johanna Darden, Town resident, expressed concern for the trees that will be affected by the construction in Bond Park. It was moved and seconded (Levine/Miller) to proceed with Option 2 and complete Bond Park Phases I and III and award a contract to Cornerstone Construction Concepts with funding from sources as described above, at a cost not to exceed $845,501 which includes a 10% contingency, and it passed unanimously. 5. TRANSPORTATION HUB CONSTRUCTION BID. Bids for construction of the Transportation Hub parking lot were advertised February 8, 2011, with bid opening on March 1s1. Ten bids were received with Coulson Excavating Company, Inc., being the low bidder. The low base bid plus three alternates (Alternate A — bus shelter, Alternate B — parking lot lighting, Alternate C — additional landscaping trees) was $1,171,871.80. Local businesses Van Horn Engineering will be providing surveying services on the project and MJ Aldrich Builders will be involved with the construction of the bus shelter. The project is scheduled for completion by May 27, 2011, prior to the Memorial Day weekend. With the bid coming in $290,000 below budget, the grant contribution from Congestion Mitigation and Air Quality (CMAQ) would be reduced from $913,000, to $759,481 and the Town's $250,000 match from the Community Reinvestment Fund would be reduced to $207,963. Grants monies received from Funding Advancement for Surface Transportation and Economic Recovery (FASTER) would also reduce from $245,750 to $204,428. This essentially provides for a contingency on the project of $290,000. The Trustees discussed the design for the bus shelter, infrastructure improvements included in the project, lighting, landscaping, and irrigation needs. Project Manager McBride said that downcast LED lighting, consistent with lighting at other locations in Town, will be utilized to illuminate the parking lot which can be controlled for intensity on timers and controller clocks. He said safety, security, the neighborhood and light pollution were considered during planning of the lot. The irrigation system will not be completed at this time, but sleeves for pipes will be installed in the parking lot for the addition of the irrigation system in the future. PUBLIC COMMENT. Kay Norton Haughey, Cynthia Elkins, and Mira Steinbacher, Town residents, voiced opposition to the Transportation Hub parking lot. Their concerns included increased traffic in the Reclamation area particularly on 4th Street, overnight parking, inadequate crosswalks and sidewalks for pedestrians, and impact on area wildlife. They requested closing 4th Street to traffic except for emergency vehicles, and consideration of utilizing existing lots for parking, such as those on the school campus. Galen Lovenburg, Town resident, cautioned the Board about contracting with Coulson Excavating based on their involvement with the repaving of Prospect Avenue. Tom Hannah, Town resident, asked if the Town presented clear title to the property for grant applications associated with the Transportation Hub project and asked if the Town had contacted the Stanley heirs. Attorney White stated the Town has title to the property and is not obligated to contact the Stanley heirs. Board ofTrustees — March 8.2O11—Page 7 Charley Dickey, Town resident, said the Transportation Hub has been well publicized and is intended to improve the community by reducing congestion and pollution. After discussion, the Trustees requested that staff investigate the ramifications of limiting traffic on 4m Street, improving crosswalks, and when and how overnight parking will be permitted in the Transportation Hub lot. hwas moved and seconded (8laokhurot/Mi|ler) toaward the Transportation Hub Parking Lot contract to Coulson Excavating Company, Inc., fora total amount of $1.408'750 including contingency with funding from CK8AQGrant mf$Q13.00O,FASTER Grant of$245,75Uand Town matching funds of $250.000 from Community Reinvestment Fund, and it passed unanimously. Whereupon Mayor Pinkhamadjourned the meeUnooO1:33p William C. Pinkham, Mayor Lt eputy Town Clerk