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Home My WebLink AboutMINUTES Town Board Special Meeting 2013-11-12Town of Estes Park, Larimer County, Colorado, November 12, 2013 Minutes of a Special 1Meeting 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 12th day of November, 2013. Present: Also Present: William C. Rnkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Greg White, Town Attorney Frank Lancaster, Town Administrator Cynthia Deets, Deputy Town Clerk Absent: None Mayor Pinkham called the meeting to order at 6:00 p.m. ENG4EER1NG CONTRACT FOR ELM ROAD ENVPRONMENTAL NPROVEMENTIMITIGATiON MASTER PLAN. Dir. Zurn said that upon discovery of minor leachate releases at the site of the old landfill, the Town self -reported the situation to the Colorado Department of Public Health and Environment (CDPHE). No violation exists at this point in time, however the Town and State agree that mitigation needs to be addressed. A Request for Proposal (RFP) was issued for the creation of a master plan design to provide a solution to the leachate problem that would be in compliance with the CDPHE directive to correct the situation. No responses to the RP? were received. Staff contacted a well -qualified Fort Collins firm that had previously done work at the landfill site, Stewart Environrnental, and negotiated a fee appropriate for the scope of work to bring forward tc the Board. Dir. Zurn added that the scope of the work is difficult to define because the cause of the leaching is unknown at this time, therefore, the steps to mitigate to CDPHE standards is also unknown. Mayor Pro Tem Biackhurst stated that the RFP calls for a completion date of December 31, 2013, which at this point in time is unrealistic, said that he could not find a project completion date in the contract with Stewart Environmental, and expressed concern about the open-ended contract. Dir. Zurn said the Town must satisfy the CDPHE and can only guess at how long the process might take. He said he has seen projects go on for as long as two tc three years before the State is satisfied with the results and said it is not a benefit tc the Town to include a firm completion date in the contract, therefore, it was left open-ended. Town Administrator Lancaster added that monitoring; wells to check ground water will be necessary and said that at least one year's worth of data will be require.,d. He suggested a contract term of two years to accommodate the collection and analysis of this information. Mayor Pro Tem Blackhurst asked about checks and balances on the proiect. Dir. Zurn said that the project contains a contingency that is arger than normal to eliminate the need to come back to the Board for additional funding as the cause of the leaching is discovered and solutions to mitigate are proposed. Ste,,ivar Environmental's proposal included a 20% contingency and staff is requesting an additional 10%, for a total contract amount of $148,154, payable from the Community Reinvestment Fund. He said the contract amount is based on the estimated number of hours necessary to provide the requested services and said he would be monitoring the hours during the course of the project. Reports on the progress of the pm�ect wilt' be made to the PUP Committee. Trustee Norris nyquao�dthat atarget du�boindudodinthe non�oc�rea|i�ngthat itmay need toba ohanged, and requested o report, to include the financial status of the pnojoot, on o quarterly basis. it was moved and seconded (Norris/Koenig) to approve the Elm Road Contract with Stewart Environmental Consultants, LLC in the amount of $134,685 plus a 10% contingency for a totml budget of $148,154 payable from the Community Reinvestment �und and to include a completion date of December 31, 2015' and it passed. Thoeevodng ''Yea^ Mayor Pro Tern B|ookhurst, Trustees Bnod, Koenig, Norha and Phipps. Those voting "No" Trustee Ericson. Dir. Zum noted that Purchase 0nda/ in the contract amount would be issued to encumber 2813 funds, which will rol!over into 2014. RESOLUTION #33-138UPPDRT!NGESTESPARK LOCAL MARKETING DISTRICT GRANTAPPL|CATy@NS. Town Administrator Lancaster reported that due to the financial impact of the Sep0annber1�ood. Visit Estes Park (VEP). the Local Marketing District's (LK8D) of5oial destination marketing onJanizetion, is pursuing grant monies to supplement their 2014 budget toenable them tamarket the Town ofEstes Park for next summer. Many ofthe grant epp|l;oations require evidence that the local governmental entity is in support of the grant appUoation. The, efbre. a general resolution ofsupport that can be included with grant applications was prapsrodfor the Board's consideration. |twas moved and seconded (Ericson/Norris) to adopt Resolution #33-13 Supporting Estes Park 1-3cal Marketing District Grant Applications, and it passed unanimously. Visit Estes Perk CEO Peggy --ampbeill noted that VEPhas requested asimilar show of eupport� from the LshmerCuunty Board of County Commissioners. She also, at the request of the Local Marketing District Board of Directors and based on tha dire financial situation created by the Mood, asked that the Town consider financial assistance to the LIWD in the amount of$1OO.00O' in 2014. The Board said that the funding request would be required to go through normal channels in order for itto be considered and stated no action on funding would be taken during this meeting. *RDINANCE #13'13 TEMPORARY BUILDING REQUIREMENTS FOR LOTS ADJA1,CENT-ro DRAiNGES. =FYoodp|ain0aoagemen�!StnaannRiver Corridor Protection Report Chief Building Off ioia|/F|oodp|ain K8unognr Birchfio|d repeated a presentation that was given to the Communitty Development/Community Services Committee on October24. 2013, which outlined changes to definitions and terminology used in regard to flood inounanoe and floodp|ain management practices. as vvsU as illustrated the effects of the September flooding on the Estes Valley. Tha information is provided to assist in future decision -making regarding floodp|ain management and river and stream corridor protection. He noted thatermino|pgy now boing used refers to Probability rather than frequency. For example, what was funna||y referred to as a 100 year flood ovent, in now more accurately described as o flood event that has e 1% chance of occurring in any given year. He also noted that many of the Flood Insurance Rate Maps that were previously used -Lo ragu|e1eflood hazard areas are no longer accurate. He said the high water mark from tha September2O13 flood event in currently being used as the flood plain boundary until revised maps that reflect the final locations of streams and rivers are approved and made evai|eh|n. On October 1. 2013. emergency provisions were enacted by staff to temporarily suspend the iuouonoe offloodp|ain and building permits for permanent construction adjacent 'I-, the Big Thompson, &aok Canyon. Fall River, and Fish Creek drainages. This*ma an interim measure pending flood recovery mapping and/or stream and river restoration. Staff is bringing forward Ordinance #13'13 which would establish temporary bui|ding requinamento for development on lots adjacent to drainages. The ordinance would also establish high water mark from the September 2013 flood as the new regulatory flood p�ain for oneyear. Board of Trustees — ve her 12, 2 13 — Page 3 Discussion ensued and is summarized: flood nsurance purchases made at this time will be based on maps that were approved prior to the flood event; the flood event will not have an effect on insurance rates until maps are revised and approved by FEMA; the ordinance is straight forward and easy to enforce; concerned about the cost of meeting the sub -requirements of the building permit and items that may be required at the discretion of staff; decisions will be ade on case to case basis; in favor of making all items required so apoiicants can be prepared; and reserve the right to waive requirements when appropriate. Town Attorney White read Ordinance #13-13 into the record. fit was oved and secon ei (Norris/Phipps) to appro*ve Ordi ance #13-13. Trustee K.eng, amended the motion to chld:e the foHoovtn g chan es to Exhibit : Paragra.h v. is 7amove• and itevns v, a, b, and c i.ec.me part of the requirewents, and d passed unanimousiy. ORDi NCE #14-13 A iNG iCiPAL C • DE CHAPTE 17.23 FLOO 01 PLAN REGUL Till 3. Adoption of Ordinance #14-13 would revise the Town's floodpiain regulations to comply writh minimum state standards set forth in the Colorado Water Conservation Board's (OBCB) new statewide floodplain rules. The CWCB Rules, which present higher standards than those outlined by the National Flood insurance Program (NFVP), must be adopted by the Town no later than January 14, 2014, in order to be in compliance. The proposed changes include: redefining the floodway; freeboard standards; and Letter of Map Revision based on Fill (LOMR-F). In addition, staff is proposing to include two additional provisions. The first would require that only registered engineers be allowed to apply for floodplain permits; and the second would require that, upon completion of any work in a floodway where the state and the NFVP say there can be no rise, a no rise certificate be submitted by the engineer of record. Town Attorney White read Ordinance #14-13 into the record. it was m,ved and seconded (Blackhurst/Ericson) t. appr ve .r•Oi ance #14-13„ with the exceptiwn of hereas #3 h•ich s ui like change* t. rea "special esti g" of the T.h Boar* of Estes Park, and it passed unanimously. RESOL Ti FOR 2 1 UNBT #32-13 iVE OF TiLITY FL • oi ViCT0tS T H LE, s A H Y BASE/ INI ESSE REN E P`P ES Due to a Oack of time to discuss this item, it was carried over to the November 12, 2013, regular Ton Board meeting. Whereupon Mayor Pinkham adjourned the meeting at 7:05 p.m. „ C William C. Finknam, Mayor Cynthia A. *eats, Deputy Town Clerk