HomeMy WebLinkAboutMINUTES Town Board 2016-03-08Town of Estes Park, Larimer County, Colorado, March 8, 2016
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 8th day of March 2016.
Present:
Also Present:
William C. Pinkham, Mayor
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Wendy Koenig, Mayor Pro Tem
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PRESENTATION.
Finance Officer McFarland presented the CAFR Award to Mayor Pinkham.
PUBLIC COMMENTS.
Joe Holtzman/Town citizen thanked Mayor Pinkham for his years of services. He
questioned the wisdom of installing SMART electric meters in Estes Park because of
the potential radio frequency (rf) exposure and associated corrosion and heat that could
lead to a fire, and the lack of UL approval. He requested the Town document the
administrative rules for the program to opt out of changing the meter to a SMART
meter.
Susan Wolf/County citizen commented the presentation presented at the study session
prior to the Town Board meeting lacked details on the health risks and safety concerns.
She requested the Utilities department provide a balanced review of the SMART meters
in order to aid in the decision making process of the citizens to opt out of the program.
TRUSTEE COMMENTS.
Trustee Norris reminded the citizens that April is the month of "Care about Bears". The
Town continues to install wildlife resistant trash cans in the downtown corridor. A flood
mitigation meeting was held last week to bring awareness of the serious concerns
related to flooding and the development of a new floodplain map and insurance rates.
Additional meetings would be held to inform the public on the associated issues.
Trustee Phipps commented the Estes Valley Planning Commission would discuss
vacation rental regulations with an occupancy of 8 and under at their March 15th
meeting. A Task Force continues to be developed by Larimer County to address
vacation homes with occupancy of 9 or more guests.
Trustee Nelson commented the Larimer County Open Lands Advisory Board awarded
the Estes Park Community Garden a community grant of $1,800 for irrigation.
Trustee Ericson reminded the citizens of the Transportation Advisory Board meeting on
March 16th at noon. The TAB has assigned individuals to each of the detailed parking
strategies presented to the Town Board with the end goal of providing a detailed budget
for consideration and inclusion in the 2017 budget. The TAB would discuss the Trails
Board of Trustees — March 8, 2016 — Page 2
Master Plan as it relates to connectivity with sidewalks and trails. Other discussions
would include restriping of bike lanes and wayfinding signage.
Mayor Pinkham informed the citizens the Town signed a Sister Cities agreement in
2004 with Monteverde, Costa Rica. The Town and Monteverde have agreed to renew
the expired agreement. Mayor Pro Tem Koenig and a contingency from Estes Park are
in Monteverde to sign the new agreement.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 23, 2016 and Town Board Study
Session February 23, 2016.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services Committee, February
25, 2016.
4. Estes Valley Board of Adjustment Minutes dated February 2, 2016
(acknowledgement only).
5. Estes Park Board of Appeals dated November 11, 2015 and January 14,
2016 (acknowledgement only).
6. Intergovernmental Agreement between the Town and Larimer County
Elections Office for Assistance during the 2016 Municipal Election.
It was moved and seconded (Holcomb/Norris) to approve the Consent Agenda
Items, and it passed unanimously.
2. ACTION ITEMS:
1. APPROVAL OF NEW BOND PARK EVENT — HANDMADE IN COLORADO.
Director Hinkle presented a request to hold the 3rd annual "Handmade in
Colorado Expo" in Bond Park on August 27-28, 2016. The event was moved
from Bond Park to the Event Center in 2015. Colorado Events, a non-profit
organization has requested the event move back to Bond Park as an outdoor
event. The location would draw more visitors and be more visible. It was
noted the Event Center was difficult for attendees to find. All merchandise
displayed at the juried show is handmade in Colorado and sold direct by the
artist or crafter. The artists are selected to participate through a jurying
process, with criteria focused on craftsmanship, originality, diversity and artistic
professionalism.
Trustee Ericson stated concerns were raised regarding the quality of the event
and the art at the first event, and since then the event and the quality of the art
have improved.
Charley Dickey/Town citizen commented an event is moving from the Event
Center to Bond Park to be profitable. This indicates a need to consider
appropriate events for the center and improved signage to the Event Center.
He raised economic concerns for the downtown businesses impacted by
moving the event downtown.
Board of Trustees — March 8, 2016 — Page 3
Trustee Holcomb recused himself. It was moved and seconded
(Ericson/Phipps) to approve Handmade in Colorado Expo in Bond Park
August 27-28, 2016, and it passed with Trustee Holcomb abstaining.
2. PUBLIC HEARING - CDBG-DR GRANT CLOSE OUT ITEMS.
Mayor Pinkham opened the public hearing for the Fall River Hydroplant and
Upper Fish Hatchery Reaches Stabilization Project (D5DR 1-40-EP5). Planner
Kurtz provided a review of the project and the grant funds that supported the
design -build project for stream bank stabilization and channel restoration.
Hearing no comment Mayor Pinkham closed the public hearing.
Mayor Pinkham opened the public hearing for the FHWA Cost Share for
Community Drive (M405-018-2074, R1-40-EP2). Engineering Manager Ash
provided a review of the project and the grant funds that supported the Town's
cost share for FHWA funds to repair the road and access to the schools
damaged during the flood recovery efforts. Hearing no comment Mayor
Pinkham closed the public hearing.
Mayor Pinkham opened the public hearing for the FEMA Cost Share for
Various Road Sites (FEMA PW#69, R1-60-EP1.2). Engineering Manager Ash
provided a review of the 13 project sites and the grant funds that supported the
Town's cost share of 12.5% for Fall River Court, Fall River Drive, Pedestrian
Trail off Fall River Road, Pedestrian Trail off West Elkhorn, Spruce Drive
Bridge, Cherokee Road, Heinz Parkway, Grey Fox Drive, Lexington Lane and
Grand Estates. Hearing no comment Mayor Pinkham closed the public
hearing.
3. CONSTRUCTION CONTRACT AWARD - DRY GULCH ROAD
REHABILITATION. Engineering Manager Ash & Director Muhonen provided
an overview of the project that would reconstruct one mile of roadway, add an
8-foot pedestrian walk/trail on the west side of the road, realign the intersection
of Dry Gulch and Hwy 34 and add a trail connection along Hwy 34 and the
Lake Estes Trail. The project was originally advertised in June 2015 with no
submittals. The project bid documents were updated and readvertised
February 2016 with one bid received from SEMA Construction for a project cost
of $3.9 million, $1 million over the projected cost. Staff reviewed the bid with
SEMA and after careful analysis was not able to bring the project within budget
even with the removal of the Hwy 34 Trail connection. A matrix including 4
project options and 19 criteria was developed: Option 1 - full project at a cost of
$3.9 million; Option 2 - project without Hwy 34 Trail connection at a cost of $3.4
million; Option 3 - roadwork only with no trail, gutter, realignment, etc. at a cost
of $900,000; and Option 4 - do nothing and use the funds to improve other
roads in the system. Staff recommended Option 1 as it meets the strategic
plan of the Town. The additional cost of the project would be funded through
the use of 1A Trails Expansion funds of $673,000 and Open Space funds of
$430,000 for approximately $1.8 million in trail work. Street funds would be
used for the balance of the project; however, funding would be available to
complete crack sealing, sealcoating and overlay/patching in 2016. Staff would
manage the construction of the project.
Board comments were heard and summarized: the approval of the project
would not impact the design of the Fall River Trail; need to address safety for
pedestrians; need to coordinate other utility improvements in the area to avoid
road cuts for future utility improvements in the area; and analysis of the project
and thorough review of options was appreciated.
Paul Fishman/Town citizen questioned if conduit would be included in the
project. He stated concern that 1A Street funds being used to complete the
trail portion of the project. Director Muhonen stated the Town does not have a
policy or funding mechanism to include the conduit; however, conduit could be
placed in the right-of-way in the future.
Board of Trustees — March 8, 2016 — Page 4
Todd Plummer/Town citizen and Heidi Tryon/Town citizen stated support for
the project that includes the extension of the trail system in the valley as well as
connectivity.
Charley Dickey/Town citizen spoke in favor of the project but questioned the
sales tax assumptions used to determine available funding and how business
interruption would be addressed. Director Muhonen commented a flat
collection rate was used in determining available funding. The current
intersection would be used while the new intersection is built to facilitate traffic
flow in the area during construction.
It was moved and seconded (Norris/Holcomb) to approve a construction
contract with SEMA Construction for the Dry Gulch Road Rehabilitation
project in the amount of $3,931,800 with a 5% contingency of $196,590,
and it passed unanimously.
4. RESOLUTION #05-16 SUPPLEMENTAL APPROPRIATIONS TO THE
STREET IMPROVEMENT, OPEN SPACE AND TRAILS EXPANSION FUNDS.
Finance Officer McFarland stated with the approval of the Dry Gulch
Rehabilitation project, the 2016 budget requires appropriation of funds to the
Open Space, Trails Extension and Street Improvement funds to meet the
contract obligations for the project. It was moved and seconded
(Ericson/Nelson) to approve Resolution #05-16, and it passed unanimously.
5. ORDINANCE #06-16 VACATING A PORTION OF DRY GULCH ROAD.
Director Muhonen stated the Ordinance would vacate a portion of Town right-
of-way in exchange for 14 easements from Sombrero Stables needed to
realign the intersection of Dry Gulch Road at Hwy 34 and install storm drainage
and sanitary sewer improvements necessary to accommodate the proposed
road and trail construction. The vacated right-of-way would result in ownership
of land reverting to the adjacent property owner, Sombrero Stables. A blanket
utility easement would be retained to accommodate the existing and future
utilities in this vacated area.
Cody Walker/Sombrero Stables representative stated he would be in favor of
the Ordinance and would request the fencing on the property be repaired upon
completion of the project.
Attorney White read Ordinance #06-16. It was moved and seconded
(Holcomb/Ericson) to approve Ordinance #06-16 and authorize the Mayor
to sign the Ordinance and the related easement documents, and it passed
unanimously.
6. PROSPECT MOUNTAIN WATER COMPANY OPERATIONS AGREEMENT.
The Town has been providing bulk water to the Prospect Mountain Water
Company (PMWC), a privately owned Colorado water utility providing water to
130 dwelling units that reside outside the boundaries of the Town. In August
2012, the Town and the PMWC entered into an Agreement for the Town to
provide bulk treated water and in April 2015 the company filed for bankruptcy.
Since the filing of bankruptcy, the Town has entered into discussion and
negotiations with the Trustee for the continued provision to supply treated bulk
water and the need for the Trustee to contract with a third party to operate the
water system. The Agreement outlines the terms that include the Town
providing bulk water; upon approval of the Agreement the Town would become
the operator of the water system; immediate capital improvements to the water
system; address the need to design and install a booster pump station; Trustee
to continue to perform meter readings and provide the information to the Town;
the Town to bill customers and collect payments; and the Town shall retain
revenues to pay for bulk water, reimburse all costs incurred in the operation
and maintenance, costs incurred for utility billing and reimburse other
Board of Trustees — March 8, 2016 — Page 5
maintenance and repair costs. Bankruptcy funds would be used to pay of the
cost of improvements needed to deliver water to the customers.
David Britton/PMWC customer thanked the Town for their work and
cooperation in developing the Agreement to provided clean, safe water to the
PMWC customers.
It was moved and seconded (Norris/Holcomb) to approve the agreement to
operate the water system between the Town of Estes Park and the
Prospect Mountain Water Company, Inc., and it passed unanimously.
7. ORDINANCE #07-16 - PUBLIC HEARING - WATER TAP FEE INCREASE.
Mayor Pinkham opened the public hearing. Director Bergsten stated the water
tap fees were last increased in 2010. A water tap fee and water rights fee
study was completed by HDR in February. The study recommended a $1,870
increase in water rights fee and a system development fee decrease of $69
resulting in an increase from $10,713 to $12,514. The recommended increase
in water rights fee was supported by the reduction in supply from 60% to 50%
yield by the Northern Colorado Water Conservancy District. The 2015 master
plan projected a smaller future demand at build out than the previous study
thereby reducing the system development fee. The mandates for water
efficient fixtures and appliances further reduced the water demands. Attorney
As there were no comments the public hearing was closed. White read
Ordinance #07-16. It was moved and seconded (Holcomb/Norris) to approve
Ordinance #07-16 to increase water tap fees effective June 1, 2016, and it
passed unanimously.
8. POLICY 205 — NAMING OF TOWN FACILITIES. Assistant Town
Administrator Machalek reviewed a policy outlining the processes and criteria
for naming and renaming Town -owned parks, open spaces and facilities. It
was moved and seconded (Holcomb/Ericson) to approve Policy 205 —
Naming of Town -Owned Parks, Open Spaces and Facilities, and it passed
unanimously.
9. TRANSPORTATION ADVISORY BOARD APPOINTMENTS. The interview
committee consisting of Trustees Ericson and Holcomb and TAB Chair
Campbell, interviewed five applicants. The committee noted the quality of the
applicants and thanked all that applied. It was moved and seconded
(Holcomb/Ericson) to approve the reappointment of Amy Hamrick and the
appointment of Tom Street and Ken Zornes for three-year terms expiring
on March 31, 2019, and it passed unanimously.
3. REPORT AND DISCUSSION ITEMS:
1. PRELIMINARY 2015 YEAR END FINANCIAL REPORT. Finance Officer
McFarland presented the year-end report stating sales tax revenues were up
5%, the Event Center revenues significantly lagged budget projects, and the
Town received $1.36 million in grant revenues and expended $1.39 million in
expenses. The Community Reinvestment fund saw a decrease in fund
balance of $3.1 million with the completion of projects, including the
Conference Center roof repair, Visitor Center restroom remodel, and Elm Road
landfill mitigation. There were over $1 million in rollovers to the 2016 budget.
The Utility Funds (Enterprise Funds) saw revenues track budget and expenses
under due to capital/flood project trailing budget. Flood/grant reimbursements
from FEMA were $1.25 million in 2015. The Town has experienced project
scope changes requiring approval before reimbursement can occur. Other
projects have been delayed due to the selection of consultants or contractors.
Fish Creek Road reconstruction would begin in 2016 with the Town's cost
share at approximately $100,000. Town investments are being held mostly in
money market funds. The Town's increased sales tax placed it 8th out of 27
CAST communities; however, state wide the Town only ranked 20 out of 27.
Board of Trustees — March 8, 2016 — Page 6
Charley Dickey/Town citizen questioned if the Town has expended funds in the
new 1A funds. Finance Officer McFarland stated funds had been expended
from the Emergency fund and the Town would be expending funds from both
the Trail and Street Improvement funds with the improvements of and along
Dry Gulch Road.
2. 2015 INTERNATIONAL BUILDING CODE ADOPTION UPDATE. Chief
Building Official Birchfield provided a brief review of the process used to adopt
the new building codes, including the use of the Board of Appeals to address
and recommend local amendments to the2015 International Building Codes.
The local amendments are in line with those adopted by Larimer County
whenever possible to ensure uniform code enforcement throughout the valley.
Significant changes were reviewed and summarized: 10% of the submittals
would be sent out for peer review to ensure consistency with submittals and the
application of the codes; an increase in snow loads for residential decks;
increase in loads for hot tubs; snow loads to increase and be consistent with
Larimer County; eliminating the need for a second handicap restroom for a
small tenant finish; no appliances in the crawl spaces; require a zero clearance
for commercial hoods; eliminate compensating hoods as they do not allow
certain appliances; Plenums are prohibited for supply, return, exhaust, relief
and ventilation air systems in commercial buildings; require a drain pan under
water heater upon replacement; reduce the maximum length of tempered water
piping from 100 feet to 50 feet; require life safety inspection for all short term
rentals of 30 days or less; remodeling of public building would require an
additional 20% be included in the budget to address accessibility issues; the
Residential Code contains two issues needing further discussion on the
requirement to sprinkle vacation homes and one or two family dwelling units,
and all vacation homes with an occupancy over the maximum set by Town
codes would be built or remodeled under the Building Code rather than the
Residential Code.
It was moved and seconded (Norris/Ericson) to continue the meeting to
complete the agenda items, and it passed unanimously.
Charley Dickey/Town citizen stated concern with the impact some of the
building codes might have on affordable housing and businesses. Questioned
the difference in how vacation homes may be classified as commercial rather
than residential under the codes.
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Phipps/Holcomb) to enter Executive Session for
the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators. Community Center per CRS 24-6-402(4)(e), and it passed
unanimously.
Where upon Mayor Pinkham adjourned the meeting to Executive Session at 10:12 p.m.
Mayor Pinkham reconvened the meeting to open session at 11:30 p.m.
Whereupon Mayor Pinkham adjourned the meet g at 11:30 p.m.
Jac
illiamson, Town Clerk
William C. Pinkham, Mayor