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HomeMy WebLinkAboutMINUTES Town Board 2011-09-13Town of Estes Park, Larimer County, Colorado, September 13, 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 13th day of September, 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 Greg White, Town Attorney Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator 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. PROCLAMATION. Mayor Pinkham read a proclamation designating September 17 through 23, 2011, as Constitution week. PUBLIC COMMENT. Charley Dickey/Town citizen provided feedback from the business owners on the Labor day craft show. He stated most business owners view the show as positive for the town as a whole because it brings people to town and provides an added attraction to those that are already in town. Retail businesses do see dollars spent at the show rather than the downtown shops; however, restaurants and lodging saw an increase in spending. The businesses suggested holding the show on a slower weekend, hold shows at the fairgrounds or the west end of town, and encourage local vendors to participate. TOWN BOARD COMMENTS 1 LIAISON REPORTS. Mayor Pinkham presented the Board and the community with three flags from the American Legion that commemorated September 11th, including one flag with the names of those that perished on the airplanes, the second with the names of the firefighters and the third a blue star flag. Trustee Blackhurst stated Estes Park Housing Authority Director Rita Kurelja provided the Association of Responsible Development with a review of the Authority's history, goals and mission. He reminded the public the Authority would hold its regularly scheduled meeting on Wednesday, September 14th, in Room 203 at 8:00 a.m. Trustee Elrod stated the Estes Valley Planning Commission would hold its regular meeting on Tuesday, September 20th at 1:30 p.m. in the Board room. The Commission would hear from staff on ADUs and encouraged the public to attend and provide public comment. Trustee Ericson commented on the upcoming Transportation Visioning Committee public input session to be held at the conference center on Tuesday, September 20th Board of Trustees — September 13, 2011 — Page 2 from 1:00 — 3:00 p.m. and 6:00 — 8:00 p.m. and Thursday, September 22nd from 8:30 - 10:30 a.m. and 1:00 — 3:00 p.m. Mayor Pro Tem Levine recognized the recent dedication and name change of the Light and Power building to Robert L. Dekker Light and Power Service Center. He also thanked Wayne Groome for providing the trolley during the Scottish -Irish Festival parade for the Board to ride on. Trustee Koenig stated the Rooftop Rodeo committee would hold a meeting on September 15th to elect new officers. She encouraged those interested in joining the committee to get involved, and all young people interested in the rodeo royalty should contact the committee. Trustee Miller commented the Local Marketing District would change their meeting format to move away from reports and begin strategic work sessions and planning. The branding process would begin in October. TOWN ADMINISTRATOR REPORT. • The Colorado Air Quality Control Commission will hold a public hearing in Estes Park to determine if the Town would be included in the screening area. The meeting would start at 12:30 p.m. The Town and County have taken positions against testing in Estes Park. • The Elkhorn Project RTA application third party analyst report would be made available on November 4th. The decision on awarding grants would occur on March 1, 2012. Elkhorn Project Inc. has discussed completing the annexation and rezoning of the upper 40 acres prior to March 1st, requiring an application submitted by October 26th to meet this deadline. • An agreement outlining roles and responsibilities of the Ambassadors was signed at a recent breakfast recognizing their service. • This year's transportation numbers increased, including blue route up 92%, red route up 50%, brown up 23% and the new silver route with just under 12,000 riders. A final report will be forthcoming. • Staff has not accepted the Prospect Avenue project and would wait until May or June of 2012 to ensure proper revegetation has occurred. Ouray Drive improvements did not occur because the project stopped at town limits. • The Estes Valley Recreation and Park District held a meeting to discuss the Homer Rouse Trail and the effects on the beaver habitat in the county portion of the trail. A committee has been formed to address the issue. • The Scottish -Irish Festival brought approximately 50,000 to town, which was the same as last year. 1. CONSENT AGENDA: 1. Town Board Minutes dated August 23, 2011. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services Committee, August 25, 2011. It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITMES: 1. ESTES VALLEY RECREATION AND PARK DISTRICT BUILDING PERMIT FEE WAIVER. Chief Building Official Birchfield reviewed a request to waive Board of Trustees — September 13, 2011 — Page 3 building permit fees for the EVRPD for the replacement of a water service line and the burying of the electric line to three restrooms in the Cherokee Draw day use area at Lake Estes. The project is estimated at $40,000 and building permit fees would be approximately $550. The CDCS committee reviewed the request on August 25, 2011 and recommended the item to the full Board. Town Administrator Halburnt stated the Town has a policy for waiving fees such as these by the Community Development Director, and therefore, the item should not have come before the Board. Johanna Darden/Town citizen stated the fee waiver policy should be reviewed by the Town. It was moved and seconded (Blackhurst/Ericson) to approve the building permit fee waiver of $550 for the Estes Valley Recreation and Park District, and it passed unanimously. 2. MACGREGOR AVENUE REPAIR. Deputy Town Administrator Richardson stated there are two separate issues to discuss with the project including; 1) Identifying and recommending appropriate accountability for the failure of MacGregor Avenue, and 2) Recommendations for fixing the failure of the road. Since the failure of the roadway in 2011, staff has initiated a series of actions to identify the cause of the failure. Results of testing and sampling of the materials below the road surface included moisture content in the base course exceeding acceptable levels, and the material density was appropriate except for one area displaying very moist and loose subgrade material. Additional testing to ensure correct remediation of the issues was conducted finding the base course was not to specifications; geotextile or geogrid material was not present; a soft layer of subgrade material was found; ground water was found within 3 to 5 feet of areas drilled; and it was recommended the Town acquire records from the contractor for the materials used, testing results and the number of proof rolls completed. Staff has been in negotiations with the design firm and contractor regarding the cost of the repairs and the appropriate responsibility and accountability. Staff has also worked directly with RG and Associates, the design firm and HP Geotech, Inc., the primary geotechnical firm to design and reconstruct the roadway by addressing the issues, including road stabilization, groundwater drainage and surface water drainage. Three options were presented with estimated costs of $150,000 to $200,000. Option Three was the original design without the geogrid material, which was added during the construct when the roadway was not passing proof -rolling; however, staff and the contractor contend the other two options would work. • Design Option One: Remove and replace all poor subgrade material with 18" of recycled crushed concrete and reuse existing base course at the subgrade level, remove and replace all base course material with new material, remove and replace all paver sand and reinstall pavers. • Design Option Two: Remove and replace all poor subgrade material with 30" of recycled crushed concrete, reuse existing base course, remove and replace sand and pavers. • Design Option Three: Remove and replace poor subgrade material with 30" of fairgrounds material, install geogrid material, reuse existing base course and remove and replace sand and pavers. • Option Four: Do nothing and leave the road closed for pedestrian use only. Board comments/questions are summarized: the repairs should be funded by CRF and not Open Space funds; it is not the Board's function to determine which option would work; staff should recommend to the Board the option that Board of Trustees — September 13, 2011 — Page 4 the soil, design and Town engineers are going to guarantee to correct the issue and would like to have a dollar amount for the project. Ron Norris/Town citizen raised concern with the project related to accountability, repair options and financial implications. The information provided to the Board does cite several problems but does not explain how or why the problems occurred and who is responsible. He requested more information be provided on the failure and full disclosure be provided to the citizens; repair options should receive public feedback before a decision; and funding the repairs should not occur until accountability has been addressed. Charley Dickey/Town citizen stated a fifth option would be to use the roadway and see if it fails. Accountability should be addressed and those responsible should correct the issues with the roadway. Johanna Darden/Town citizen commented Option Four would not be acceptable, and stated Open Space funds should not be used to fix the road. Kerry Prochaska/Cornerstone Construction Concepts stated the company stands committed to the Town and the project in any way the Board and staff deem it necessary. Jane Schoen/Town citizen questioned what the viability and certainty of the repairs would accomplish for the road and voiced concerns with the initial project entities being involved in the repairs. The Mayor stated no action would be taken because the item would be discussed further after the Executive Session. The Board reserved the right to take action on the item after the Executive Session. 3. FAIRGROUND ACCESS. Town Administrator Halburnt stated the gate at the Fairgrounds was added at the Board's request and the request of the homeowners in the area to restrict access to the property off of 4th Street. Recently access has come into question, more specifically should the gate only be opened and closed for emergency vehicle access or should staff be granted authority to open the gate as necessary to aid traffic flow for events at their discretion. Town Board discussion followed and has been summarized: Trustee Koenig stated the gate was requested by the PUP committee to be opened and closed as needed; Trustee Miller questioned if other alternatives had been reviewed to minimize traffic impacts on 4th Street, including a right in and right out only access; Trustee Ericson commented the access should be an exit only because the main entrance of the parking lot is off of Manford Avenue; Trustee Elrod stated the entrance was to be used as an emergency access only based on past emails, and the Town was addressing the concerns of the neighborhood to limit traffic on 4th Street; and Mayor Pinkham commented the gate was to address transients parking overnight and engaging in other activities. He voiced concern with the traffic flow in the parking lot during events and staff should have the discretion to open the gate as needed. Sue Pinkham/Estes Valley Fire Protection District requested the gate be open during the annual slash collection on Saturdays from October 8th — November 5th. She stated concern with trucks full of material may not be able to negotiate the parking lot without losing part or all of their load. It was moved and seconded (Blackhurst/Levine) to allow staff to open the Fairgrounds gate on 4th Street at its discretion and as needed, and it passed with Trustees Elrod and Ericson voting "No". Board of Trustees — September 13, 2011 — Page 5 3. REPORTS: 1. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland reviewed the 2nd quarter financials stating sales tax is 2.3% ahead of budget and 5.2% ahead of 2010. A number of categories are ahead including lodging, food, retail, amusement/recreation and person/professional. Financials are reported through July and the General government expenditures are at 65% of the budget because items such as community service grants are paid out at the beginning of the year. All other General fund categories are at 56%, which is under the 58% of the year completed. The Fire District and Local Marketing District transfers have been moved to the Community Service fund by the auditors, and therefore, until the budgets are revised this account will be over. Enterprise fund revenues are on target to meet budget with expenditures at 49%. The investments the Town possesses includes money market/CDs, US Treasuries and US Instrumentalities. Recently there has been a downgrading of US Instrumentalities. State statute does not allow municipalities to invest in securities that do not have the highest rating; therefore, it is unclear if the Town would be required to sell U.S. Instrumentalities. Staff has moved money into local banks because they are paying higher interest rates than government investments. 2. MORAINE AVENUE PUBLIC COMMENT & NEXT STEPS. Public Works Director Zurn reviewed the public process for garnering public opinion for the project, including door-to-door visits, phone calls, an open house, and soliciting comment through the Town's website and project comment forms. Approximately 20 businesses attended the open house. The resulting public comments are summarized and fall into four topics including support for improvements to the sidewalk on the south end of the project; improvements needed at the Moraine restroom crosswalk location; business owners were not in favor of removing the Riverwalk crosswalk at Wiest Drive, which would remove the intent of the walkway and encourage jaywalking; and most were in favor of an early spring construction. Staff requested direction from the Board prior to finalizing construction documents and conducting a bid for a fall construction schedule. Town Administrator Halburnt stated CDOT confirmed the crosswalk at Wiest Drive needs to be removed because cars are not anticipating a crosswalk after turning onto Moraine from Elkhorn. A signal would need to be installed in order to maintain the crosswalk, and the contractor on the original EPURA project has confirmed the conduit was installed during the Riverwalk construction. The cost of a pedestrian signalization would be approximately $100,000; however, there could be a cost sharing with CDOT. Director Zurn stated the signal would aid traffic flow because it would be tied to the current signal at the corner of Elkhorn and Moraine. Trustee Blackhurst stated a previous Board requested the crosswalk be removed because it was installed incorrectly and with approval from the wrong department at CDOT. He stated it is a crosswalk at the wrong location. Trustee Koenig recommended the crosswalk be maintained with a signal installed and requested staff review cost sharing options with CDOT. Trustee Elrod concurred. Trustee Miller commented CDOT approved the crosswalk and has now requested its removal. He objected to the request, stating the crosswalk should remain and CDOT should provide cost sharing on the pedestrian signal. Board of Trustees — September 13, 2011 — Page 6 John SpoonerNan Horn Engineering stated Heath Construction has provided the original permit for the crosswalk which required the signalization of the intersection. The original drawings illustrated the pedestrian crossing as it was constructed along with pedestrian signalization. The final walk through outlined the need for EPURA and the Town to discuss with CDOT the future signalization of the crosswalk. Further discussion followed on the project schedule and management, including if project management should be contracted; could the project be completed in phases; and the project schedule should address both business and staff concerns. Public comment in favor of maintaining the crosswalk was heard from Frank Theis/Town citizen and Charley Dickey/Town citizen stating the crosswalk is needed to provide safe crossing for tourists that will not walk to the corner to cross. Johanna Darden/Town citizen requested the project be delayed for a year and questioned if the lane coming into town would be wide enough after construction for large truck traffic. Staff would move forward with the final scope and begin discussions with CDOT on the cost sharing of a pedestrian signal. The item would be added to the budget if an agreement can be reached with CDOT. It was moved and second (Blackhurst/Levine) to extend the Board meeting to 12:00 a.m., and it passed with Trustee Koenig voting "No". 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Ericson/Levine) to enter into Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions, Bond Park Project - MacGregor Avenue per 24-6-402(4)(b) C.R.S., and the motion passed unanimously. Mayor Pinkham called a 10 minute break at 9:42 p.m. and reconvened the meeting at 9:55 p.m. where the Board entered into Executive Session. The meeting reconvened from Executive Session at 11:28 p.m. The Board resumed discussion of Action Item #2 MacGregor Avenue Repairs. Trustee Blackhurst stated Option #1 would be the most viable, appropriate legal conversations should take place with the contractor and the subcontractors to explore a mutually satisfactory settlement, in terms of timing and financial benefits for all parties. It was moved and seconded (Blackhurst/Koenig) to move forward with Option #1 with the inclusion of geogride to repair MacGregor Avenue with a cost to be determined and bring the final scope of work and cost to the Board for final approval, and the motion passed unanimously. Whereupon Mayor Pinkham adjourned the m/°eting 11:34 p.m. William C. Pinkham, Mayor ckie Williamson, Town Clerk