HomeMy WebLinkAboutMINUTES Town Board 2015-11-24Town of Estes Park, Larimer County, Colorado, November 24, 2015
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 24th day of November 2015.
Present:
Also Present:
William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Barbara Jo Limmiatis, Recording Secretary
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.
Johanna Darden, Town resident, expressed concerns regarding damages done to
Town owned property near the Stanley Hotel by construction activities and requested
the Stanley Hotel repair the damage by planting seedlings.
Charley Dickey, Town resident, commented on the Parking Strategy presented by the
Transportation Advisory Board. He was impressed with the recommendations and
stated the Town needed to incentivize people to use the transportation hubs.
TRUSTEE COMMENTS.
Trustee Ericson thanked the community for their increased involvement and wished all
a Happy Thanksgiving.
Trustee Nelson attended a joint meeting of the Open Lands Board for all of Larimer
County with Public Works Director Muhonen. Nelson praised the Larimer County
Boards for their collaboration to get projects accomplished.
Trustee Phipps informed the public about the upcoming special Planning Commission
and Town Board meetings regarding the Stanley Hotel and vacation home rentals.
Mayor Pro Tem Koenig reported the Sister Cities Committee would meet at the Estes
Institute to finalize the details of the group of individuals coming to Estes Park from
Costa Rica in June 2016 and decide if delegates from Estes Park would be sent to
Costa Rica in February or March 2016. The Best Medium Sized Rodeo would be
announced in Las Vegas in the following week and Koenig wished the Rooftop Rodeo
good luck.
Trustee Holcomb reminded the Board and public of the Catch the Glow parade to take
place on Friday, November 27, 2015 and wished all a Happy Thanksgiving.
Trustee Norris thanked those who participated on the Bear Education Task Force in
2015, reminded the public of the Wildlife Ordinance to go into effect on April 1, 2016,
stated County Commissioner Donnelly would be at the Senior Center to get the
community's input on the County adopting a similar wildlife ordinance. The Town met
with Visit Estes Park to discuss the IGA and interviews would be held for an open
County position on the Visit Estes Park Board.
Board of Trustees — November 24, 2015 — Page 2
Mayor Pinkham informed the Board and public of a visit of a delegation from Tolikara,
Papua, who were in the process of building a government from the ground up. They
spent time with the Community Development department to learn about government
planning and took a tour of the Town.
TOWN ADMINISTRATOR REPORT.
• Menorah Lighting in Bond Park — The Town was recently contacted by Rabbi
Yerachmiel Gorelik of Fort Collins with a request to perform a Menorah lighting in
Bond Park on December 9, 2015. This would not be a Town sponsored event, but it
would take place on Town property. Administrator Lancaster requested direction
from the Board on whether or not the event would be allowed. It was moved and
seconded (Koenig/Ericson) to allow the celebration of Chanukah in Bond Park,
and it passed unanimously.
• Fish Hatchery Property — Housing Authority & Land Trust — Administrator Lancaster
reported contact was made with the Housing Authority and the Estes Valley Land
Trust to investigate projects which would work well on the Town owned Fish
Hatchery property. The Land Trust proposed a conservation easement with less
active recreation potential. The Housing Authority would investigate workforce
housing potential.
• Administrator Lancaster also provided updates on the Intergovernmental Agreement
and Service Level Agreement with Visit Estes Park, and the construction project on
Lot 4 by the Stanley Hotel. Lancaster stated the Building Code allows for
construction to move forward while plans are pending. The Builder has assumed
responsibility for the risks associated to overbuilding and possibly having to rebuild
portions should the plans not be approved as submitted.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 10, 2015 and Town Board Study
Session Minutes dated November 2, 2015, November 9, 2015 and November
10, 2015.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities & Public Works Committee, November 12, 2015:
1. Purchase a Utility Box for Light & Power Duty Truck, Auto Truck
Group, $40,660.
2. Elm Road Landfill Leachate Mitigation Contract, C&H Excavation,
$517,583.99 with a contingency for a total cost not to exceed
$570,000.
3. Elm Road Landfill Leachate Mitigation Construction Management,
Stewart Environmental Consultants, $44.000 with a contingency for a
total cost not to exceed $50,000.
4. Visitor Center Restroom Remodel, Heath Construction, $176,801.40
not to exceed $200,000.
5. Conference Center Roof Repairs, B&E Builders, $44,738.54 — 2013
Flood Insurance funds not to exceed $49,709.49.
6. Public Works Purchase of a 2016 Outback, Valley Nissan -Subaru,
$23,026.
7. Public Works Purchase of a 2016 Forrester, Valley Nissan -Subaru,
$21,929.
8. Reallocate Fleet Division Capital Funds to Purchase a Tire Changer,
Vendor to be Selected, $20,000.
9. 2015 Street Overlay Contract Change Order, Coulson Excavating,
CO., Inc., $13,090.28.
10. FEMA Change Order #1 Construction Management, RG &
Associates, $58,080 — Osmun Contract Funds.
11. FEMA Change Order #2 Construction Management, RG &
Associates, $51,731 — Osmun Contract Funds.
Board of Trustees — November 24, 2015 — Page 3
12.FEMA Change Order #3 Construction Management, RG &
Associates, $56,463 — Osmun Contract Funds.
13.FHWA Change Order #1 Construction Management, RG &
Associates, $22,844.
14. Event Center & Pavilion Snow Guards, RTN Roofing, $32,557 not to
exceed $35,000 — Supplemental Budget.
4. Transportation Advisory Board Minutes dated October 15, 2015
(acknowledgement only).
5. Parks Advisory Board Minutes dated October 16, 2015 (acknowledgement
only).
6. Estes Valley Planning Commission Minutes dated September 15, 2015.
7. Estes Park Board of Appeals Minutes dated October 1, 2015
(acknowledgement only).
8. Resolution #21-15 — Setting the public hearing date of December 8, 2015, for
a new Tavern Liquor License for La Cabana Mexican Bar & Grill, dba La
Cabana Mexican Bar & Grill, 165 Virginia Drive Unit 18-1 and 18-2, Estes
Park, CO.
It was moved and seconded (Koenig/Holcomb) to approve Consent Agenda, and it
passed unanimously.
2. ACTION ITEMS:
1. 2016 STRATEGIC PLAN. Administrator Lancaster presented the 2016
Strategic Plan with no changes. It was moved and seconded (Norris/ Ericson)
to approve the 2016 Strategic Plan, and it passed unanimously.
2. PUBLIC HEARING — 2016 BUDGET - ADOPTION.
Mayor Pinkham opened the public hearing. Finance Officer McFarland
presented the remaining items for action regarding the adoption of the 2016
Budget.
Colorado Budget Law requires a public hearing be conducted to discuss how
the Highway Users Trust Fund revenues would be expended. Estimated
revenues are $260,510. The Town would expend $725,540 on street
improvements, curb, gutter, sidewalk, guardrail, snow removal, plow blades
and vehicle/equipment usage. It was moved and seconded (Koenig/Norris) to
utilize the Highway Users Trust Fund for expenditures for street
improvements, curb, gutter, sidewalk, guardrail, snow removal, plow
blades and vehicle/equipment usage, and it passed unanimously.
Resolution #18-15 sets the mill levy at the maximum of 1.719 mills yielding
$334,804. The net valuation of all taxable property within the Town increased
by 12% in 2015. An increase in the mill levy cannot exceed 5.5%, therefore the
original calculation of 1.822 mills would be temporarily reduced. It was moved
and seconded (Ericson/Holcomb) to approve Resolution #18-15 — Setting
the Mill Levy for 2016, and the motion passed unanimously.
Trustee Ericson requested a budget modification to include a 2% bonus merit
program and suggested funding it by reducing the transfer of $435, 000 to the
Streets fund from the General fund by an amount equal to the funds needed
for the merit pool, which should be more than compensated by the 1A Sales
Tax money. Staff has not received an increase in over three years and Ericson
encouraged the Town invest in its employees. Public comment was heard from
Town residents Charley Dickey, Paul Fishman and Jean McGuire who
expressed concerns regarding the request to decrease the funds transferred to
the Streets budget. The Board suggested waiting until the Spring of 2016 to
Board of Trustees — November 24, 2015 — Page 4
consider reinstituting the merit program for staff. It was moved and seconded
(Ericson/Holcomb) to modify the 2016 budget to include a 2% bonus merit
program, and the motion failed with Trustee Ericson voting yes.
Resolution #19-15 summarizes the expenditures and revenue for each fund
and adopts the 2016 budget. Resolution #20-15 appropriates sums of money
to execute the budget and states that revenues within each fund are sufficient
to support expenditures. It was moved and seconded (Koenig/Phipps) to
approve Resolution #19-15 — Adopting the 2016 Budget and Resolution
#20-15 — Appropriating Sums of Money, and the motion passed with Trustee
Ericson voting no.
3. RESOLUTION #22-15 ESTES PARK LOCAL MARKETING DISTRICT
BUSINESS AND OPERATING PLAN FOR 2016. Administrator Lancaster
stated Visit Estes Park has withdrawn the request for additional funding.
Elizabeth Fogarty, Visit Estes Park President and CEO, thanked the Board for
their continued support as the organization works to define its role and
increase year round economic activity in the Estes Valley. It was moved and
seconded (Norris/Phipps) to approve Resolution #22-15, and it passed
unanimously.
4. ESTES PARK TRANSIT HUB PARKING STRUCTURE CONSTRUCITON
MANAGEMENT CONTRACT. Public Works Director Muhonen proposed to
hire SpacelntoPlace Architecture + Design (SIPAD) for project management
services during the design and construction phases of the Estes Park Transit
Hub Parking Structure on the South lot of the Visitor Center as the department
does not have sufficient staff to handle the workload. Muhonen recommended
sole sourcing the contract to SIPAD for several reasons including the in-depth
familiarity with the project, a highly competitive hourly rate offered, proven
professionalism and technical competence, and availability to move the project
forward toward the construction goal in 2016. It was moved and seconded
(Koenig/Norris) to authorize the Mayor to sign a Professional Services
contract for the Transit Facility Park Structure with SpaceintoPlace
Architecture & Design in the amount of $151,500 with a budget at
$170,000, and it passed unanimously.
5. SUBDIVISION IMPROVEMENT AGREEMENT EXTENSION — STREAMSIDE
CONDOMINIUMS ON FALL RIVER. Planner Kleisler requested the Board
consider extending the timeline for installation of required infrastructure
improvements to the Streamside Condominiums on Fall River. The Streamside
Condominium subdivision was approved in May 2006 and to date, no units
have been individually sold. This approval required installation of adequate
public facilities and the due date was no later than mid-2008. In March 2008,
the Board approved an infrastructure phasing plan with the completion date of
December 2013. The applicant requested another extension in January 2014
due to the desire to share infrastructure costs with The Sanctuary development
project on the adjacent lot. The developer of the Sanctuary has since decided
not to pursue construction and sold the property to the applicant. The
Streamside Condominiums and The Sanctuary are now under the same
ownership. The applicant proposed to extend the timeframe for sewer and
electrical work to March 31, 2016 and street improvements to December 31,
2017. The effected agencies do not have any objections. It was moved and
seconded (Ericson/Holcomb) to approve the Subdivision Improvement
Agreement Extension for the Streamside Condominiums on Fall River,
conditional to the recommendation by staff, and it passed unanimously.
6. RESOLTUION #23-15 SUPPORTING AN INCREASE IN H-2B VISAS.
Administrator Lancaster presented the Resolution to support the federal H-2B
temporary worker program and the retention of provisions of the program that
benefit seasonal industries and thanked the business community for bringing
this item to the Board's attention. Cory Blackman, Best Wester Silver Saddle
Board of Trustees — November 24, 2015 — Page 5
General Manager, explained the importance of the H-2B visa program in Estes
Park's seasonal economy, H-2B workers put little demand on our social
services while filling positions that would remain vacant due to a lack of local
workforce. Sean Jurgens, Comfort Inn, stated his company has been using the
H-2B visa program for 15 years and relies heavily on the workers for continued
success. Jurgens stated the workers are allowed for a maximum 10 month
period and requested returning workers not count toward the current cap of
33,000 visas. It was moved and seconded (Koenig/Norris) to approve
Resolution #23-15, and it passed unanimously.
7. PARKS ADVISORY BOARD APPOINTMENTS. Mayor Pinkham stated the
Parks Advisory Board currently has two vacant positons and one position to
expire in December 2015. The positons were advertised and five applications
were received. One applicant withdrew and one did not meet the residency
requirement. Interviews were held with the remaining applicants and it was
recommended to appoint Carlie Bangs and Vicki Papineau to 3-year terms and
reappoint Dewain Lockwood for an additional 3-year term. It was moved and
seconded (Koenig/Phipps) to appoint Carlie Bangs and Vickie Papineau to
3-year terms expiring on December 31, 2018 and reappoint Dewain
Lockwood for an additional 3-year term expiring on December 31, 2018,
and it passed unanimously.
8. TRANSPORTATION ADVISORY BOARD APPOINTMENT. Trustee Ericson
stated a vacancy on the Transportation Advisory Board was created by the
resignation of Cory LaBianca. The position was advertised and received one
application. An interview was conducted and it was recommended to appoint
John Gordon Slack to complete the term of Cory LaBianca. It was moved and
seconded (Ericson/Holcomb) to appoint John Gordon Slack for a term
expiring on March 31, 2018, and it passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. FINANCIAL REPORT. Finance Officer McFarland reviewed the 3rd quarter
sales tax and financial report stating sales tax is up 12% over 2014 and 14%
over budget. General fund balance remains at approximately 15% due to the
Events Center lagging in revenue and amendments needed for flood and grant
activity. The Community Reinvestment fund has several large projects pending.
The MPEC is almost complete, while the parking structure and Elm Road
Landfill mitigation would begin construction soon. The Utility fund shows
revenues are up in part due to Falcon Ridge tap fees, and the capital and flood
expenses being under budget. FEMA reimbursements have increased to
$1,247,000 in 2015 from $546,000 in 2014. Staff would continue to monitor the
Town's financial position closely.
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Norris/Ericson) to enter executive session for
discussion of specialized details of security arrangements under 24-6-
402(4)(d) C.R.S., and it passed unanimously.
The Board entered executive session at 8:38 p. . and adjourned back towregular
session at 9:09 p.m. whereupon Mayor Pinkh adjourrned,the meetimj.
illiam C. Pinkham, Mayor
Barbara Jo Limmiatfs, Recording Secretary