HomeMy WebLinkAboutMINUTES Town Board 2015-11-10Town of Estes Park, Larimer County, Colorado, November 10, 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 10th 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
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.
RESOLUTION OF RESPECT.
Mayor Pinkham presented a Resolution of Respect honoring former Town Administrator
Dale Hill who passed on September 23, 2015.
PUBLIC COMMENTS.
Marlene Hayek/Town citizen questioned the addition of a fourth floor to the Stanley
Residence Building to accommodate the Wellness Center, which was to be built as a
separate building on the lot. She stated the project should be given the proper time to
review by both the Town and the citizens and not rushed.
Jan Verschuur/Town citizen stated concern with the buildings being constructed on the
Stanley property including, the Residence Building, Wellness Center and the Film
Center. He would not support the addition of a fourth story to the Residence Building to
accommodate the Wellness Center. The community has not been properly informed of
the proposed change.
Pat Newsom/Town citizen invited the Board and the community to join the Estes Park
Memorial Gardens to celebrate the annual Veterans Day celebration at 11:00 a.m.
Doug Warner/Town citizen stated the plans and the sale of Lot 4 for the proposed
Residence Building and separate Wellness Center were a good idea at the current 30
foot height limit. The current development progress on the property has been positive;
however, the project should be built to the maximum height limit without a height
variance. Grand Heritage and the Hospital should develop their proposed buildings as
approved by the voters and to the same standards as all the other properties in the
Stanley Master Plan area.
Chris Carey/Estes Area Lodging Association (EALA) spoke to the organizations
unanimous support for Visit Estes Park as a destination marketing organization. EALA
would not support spending Local Marketing District tax dollars on the marketing of
special event promotion. They would recommend the Town Board reevaluate the
marketing plan developed for the Event Center, and understand the Town should
promote, with Town funds, events held in the facility. EALA does not support the use of
LMD funds to promote events within the center or other local event.
Board ofTrustees — November 1U'2V15—Page 2
Ed Hayek/Town citizen objected to the height variance request for the Residence
Building onLot 4and with the accelerated time frame for review. The proposed project
was not approved by the voters when the property was sold. The height variance has
been honored by the residents within the area for over 20 years; the height limit was
upheld in the spring on another Stanley Hotel project; and the height limit should
continue tnbeupheld.
Ken Amo|d/EALA Board Member spoke in support of VEP and their destination
marketing efforts.
Barb Davis/Town citizen spoke in opposition of the proposed height variance for the
proposed project on Lot 4.
TRUSTEE COMMENTS.
Trustee Norris commented bear activity continues this fall and cautioned the citizens.
The pothole pahchorhas completed filling potholes and has begun Vmfill cracks. The
equipment has been egood investment.
Trustee Holcomb stated the Parks Advisory Board would hold its monthly meeting on
November 20th and invited all to attend.
Mayor Pro Tern Koenig reported Sister Cities continues to work with the library inMonte
Verde and has established a website to take donations for the library.
Trustee Phipps reviewed the upcoming Planning Commission agenda for November
17 m. including a boundary line adjustment, amend plats and a development plan for
townhomodeve|opmord. The Planning Commission would discuss amendments hothe
vacation home regulations attheir November 17mmeeting. Attorney White has been in
discussions with Judge Brown to outline court hsee associated with violations of
vacation home regulations. The Commission would hold a special meeting to consider
the Stanley Special Review for Lot 4onDecember Qm.
Trustee Ericson thanked the citizens for approving the Community Center project and
recognized David Bohay for his efforts in promoting the ballot issues. The
Transportation Advisory Board would meet on November 18m. The Community
Development/Community Services Committee meeting would be held on November
10m due to the Thanksgiving holiday. Community Development would vovimm a
proposed ;ea oohodu|o on November 12th to gather public input. The National
Philanthropy Day celebrations would beheld atthe YMCA onNovember 12w.
Trustee Hnkhamcommented the Town staff has been judicious with the budget and
kept expenses down. The staff and the Board are researching options to include
merit increase for staff in2818.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1� Town Board K4hnub*e dated Ootobor27' 2015' Town Board Study Session
Minutes dated October 27. 2015 and Town Board Budget Study Session
Minutes dated October Q.10and 21.2015,
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee, October2%.
2015.
4. Estes Valley Library District Board Appointments:
Board of Trustees — November 10, 2015 — Page 3
• John Krueger - 4-year term beginning January 1, 2016 and expiring on
December 31, 2019.
• Bill Gerritz to complete Peter Plaut's term ending December 31, 2016.
It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda
Items, and it passed unanimously.
2. ACTION ITEMS:
1. PUBLIC HEARING — 2016 BUDGET. Finance Officer McFarland stated that
the proposed 2016 budget is the result of staff preparation and Board input at
three budget study sessions held in October. The 2016 budget process was
focused on balancing the General Fund; however, the fund balance continues
to decline to 17% forecasted for the end of 2016. As a result staff has
recommended a number of strategies to maintain the General Fund reserves,
including not funding the Vehicle Replacement Fund, partially fund the IT Fund,
no merit increases, and events budget must perform better than in 2015. The
2016 budgeted revenues are estimated at $15,338,233 with expenditures of
$16,331,127. Mayor capital projects would include the parking structure,
Moraine Avenue bridge, Museum improvements, signage on US Hwy 36, water
augmentation plan at Scott Ponds, riverbed stabilization at the Hydroplant, and
repairs and upgrades to Town Hall, rentals and security cameras. The 1A
sales tax funds would complete projects including equipment for joint
information center, update emergency operations plan, Fall River trail
extension, trail along Dry Gulch, rebuild Dry Gulch, and develop a systematic
road repair plan. The Enterprise Funds would complete $2.2 million in L&P
capital projects and $1.1 million in Water capital funds. Sales tax has increased
by 14% through September. The Town has 49 grants currently being
administrated by staff for items related to flood recovery and construction
projects. There are no ongoing flood reimbursements/costs presented in the
2016 budget. Staff would be presenting flood recovery revenues and
expenditures during the first quarter of 2016, which would require supplemental
budget amendments.
Other significant changes since the October budget session, include
construction bids for Elm Road mitigation increased by $310,000, a $95,000
funding request from Visit Estes Park, $200,000 set aside in the Community
Reinvestment Fund for Museum moved to a budget line item, Police budget
increase by $100,000 to account for increases in patrol officer compensation,
$50,000 in fundraising support for the Community Center remains in the
budget, and $30,000 added to Community Development for assistance with
plan reviews.
It was moved and seconded (Koenig/Holcomb) to approve the removal of
$50,000 allocated during 2015 for fundraising efforts for the Community
Center because of the voter approved mill levy for the project, and it
passed unanimously.
Nancy Almond/Estes Valley Investment in Early Childhood Success (EVICS)
thanked the Town for their ongoing support of the organization. EVICS
requested the Board fund the program with Community Service grant funds at
the same level as 2015 as the lack of local support makes other fundraising
efforts difficult.
Sharyn Gartner/Gun Club thanked the Board for their continued support of the
club and providing Community Service grant funding.
Board discussion followed and has been summarized: increases in Community
Development fees, proposed increases to vacation home licensing and other
fees were not included in the proposed budget; the Board would propose
adding a merit pool; concerned the budget may not contain appropriate funding
Board of Trustees — November 10, 2015 — Page 4
to move initiatives forward in 2016; and the inclusion of a storm water
management plan and utility are positive developments.
It was moved and seconded (Norris/Koenig) to increase Community
Services Grant funding for EVICS by an additional $5,000 for a total 2016
funding of $25,000, and it passed unanimously.
Administrator Lancaster presented the Board with the final version of the 2016
Strategic Plan developed by the Board during the budget process. The plan
has been amended to remove the final phase of Bond Park and remove staff
pursuing additional funding for parking structures in 2016. This would allow the
Public Works staff to complete the current projects, including the parking
garage at the Visitor Center.
It was moved and seconded (Koenig/Norris) to continue the public hearing
for the 2016 Budget adoption to the November 24, 2015 Town Board
meeting, and it passed unanimously.
2. BROADBAND GRANT APPLICATION TO DOLA FOR ENGINEERING.
Manager Fraundorf presented a request to authorize an application for a one-
to-one grant from the Department of Local Affairs (DOLA) for Energy/Mineral
Impact Assistance Fund (EIAF) funds to support final engineering costs
associated with the Estes Park Broadband Expansion project. The project
would be grant funded at $1.387 million with a match by the Light and Power
for work to build -out fiber optics to Allenspark and Little Valley at a cost of $1.4
million for smart metering. The grant funds would allow the Town to conduct
final engineering to provide detailed costs for fiber optic construction for the
Board to consider in the establishment of broadband services through the
Utilities department. If deemed feasible, the Town would establish revenue
bonds to complete the project in phases. Jon Nicholas/EDC would submit
letters of support for the grant funding. It was moved and seconded
(Nelson/Ericson) to approve the Department of Local Affairs (DOLA)
Energy/Mineral Impact Assistance fund (EIAF) grant application for final
engineering costs associated with the Estes Park Broadband Expansion
project, and it passed unanimously.
3. TRANSIT PARKING FACILITY FEE WAIVER. The Town, coordinated through
the Public Works department, received development plan approval in
September 2015 to replace an existing surface parking lot with a four level,
414-space transit parking facility south of the Visitor Center. The Town is
requesting a fee waiver of $53,911 in development application and building
permit fees which complies with the Community Development Fee Waiver
policy. The Community Development/Community Services Committee
recommended suspending the fees until project closeout, and if the project
comes in under budget and the grant allows, the fees would be paid to the
Building division. It was moved and seconded (Koenig/Ericson) to approve
the fee waiver of Community Development fees for the Estes Park Transit
Facility and Parking Structure at a cost of $53,911 and pay the fees if the
budget allows at project closeout, and it passed unanimously.
4. FALL RIVER HYDROPLANT AND UPPER FISH HATCHERY REACHES,
STABILIZATION PROJECT — PROFESSIONAL SERVICES CONTRACT AND
DESIGN -BUILD CONTRACT. Planner Kurtz stated the Fall River channel and
stream banks between the National Park and the western -most Fish Hatchery
Bridge experienced significant damage as a result of the 2013 flood causing a
public hazard. The Town has received grant funds to restore the channel and
stabilize the stream bank. Staff developed an RFP and received two bids from
FlyWater, Inc. and Smith Environmental. The Environmental Assessment took
longer than expected and the Town staff has concerns about meeting the
CDBG-DR grant completion deadline of March 2016. Staff requests using
Open Space Funds in the amount of $38,752 to begin the permitting and
Board of Trustees — November 10,2O15—Page 5
design work with OTak. Staff would recommend contracting with FlyVVaherInc.
for the design -build of improvements along the upper Fish Hatchery area,
including the Hydnop|antanoa.
it was moved and seconded (Nonis8Ho|uomb)tm approve a prm7emmimnm|
services contract for the Fall River Hydrop|ant Area and Upper Fish
Hatchery Reaches Stabilization Project to 0Tak for m project cost not to
exceed $38,7S2.and itpassed unanimously.
|twas moved and seconded (Nonia0Ho|comb)$oapprove the design -build
contract for the Fall River Hydnmp1omtArwa and the Upper Fish Hatchery
Reaches Stabilization Project to F|}Waher, Inc., fora project cost not to
exceed $150.000.and itpassed unanimously.
5. ADDITION OFAPAYROLL TECHNICIAN. |nJanuary 2O15payroll processing
was assumed by Finance because of u change in staff within the
Administrative Services department. Processing has been successfully
completed by the current Finance staff; howevar, their workload has
significantly inoneaned, resulting in overtime and other finance tasks not being
completed. Under previous circumstances and with the current situation only
one staff member has the knowledge to complete payroll. The addition of
Payroll Technician would allow omoa training within Finance and a backup to
perform payroll. It was moved and seconded (Erioson/Norris)to approve the
addition of a Payroll Technician and begin the hiring process
immediately, and itpassed unanimously.
0. RESOLUTION #17-15 SUPPORT FOR THE USE OF LAR|K8GR COUNTY
MILL LEVY FUNDS FOR INTERSTATE 25 (1'25} IMPROVEMENTS.
Administrator Lancaster provided an overview of Lorimer County
Commissioners proposal to fund matching grant opportunities 0u improve the |-
25 corridor with a temporary increase in the Road and Bridge mill levy for a
period of five year due to an increase in property evaluations. The County
requests each of the eight communities agree to temporarily move Gonono|
Fund mill levy to Rood and Bridge mill levy with each of the local government
contributing their increased portion to 1'25impnnvements. The increase in mill
levy would generate an estimated $5.3 million over five years. It was moved
and seconded (Ericson/Koenig) to approve Resolution #17-15, and it passed
unanimously.
7. REALLOCATE COMMUNITY REINVESTMENT FUNDS FOR THE MUSEUM
COLLECTIONS FACILITY TO MUSEUM RENOVATIONS. Assistant Town
Administrator yNaoha|ok presented o request to reallocate $200.000 in
Community Reinvestment Fund currently earmarked for Museum Collections
Facility and allocate it to complete Museum renovations, including office space,
exhibit space and the meeting room. The renovations would make the existing
Museum space viable for the next 15 to 20 years. Construction of the
Collections Facility with Town funds has not been financially feasible at this
time. It was moved and seconded (Koenig/Phipps) to approve the
nao||ocat|mn of $280.000 in the Community Reinvestment Fund, currently
dedicated to funding a Collection Facility, to fund renovations of the
Museum, and itpassed unanimously.
O. SCOTT PONDS NATURAL AREA DAMS MODIFICATION CONSTRUCTION
CONTRACT AWARD. Director yNuhonon commented the Town Board
approved a contract with Kelley Trucking on October 13. 2015 for the dam
modifications to the Carriage Hills ponds at a cost of$T8O.00O. Public Works
and its consultants worked closely with Kelley to reduce the project scope to
meat the State Engineers requirements while allowing Kelley to retain their unit
price per the original bid of $1.14 million. To date the contractor has not
executed m construction contract for the modified scope and on Novombor4m
the contractor back out of the project. Staff has been in contact with the
Board of Trustees — November 10, 2015 — Page 6
second qualified bidder, Dietzler Construction; however, the company's terms
include eliminating all penalties associated with a delay in completion of the
project by March 2016. Staff has identified options including the following:
Option #1 would accept the completion date risk and award contract to Dietzler
with the understanding that the Town would risk losing grant funding and be
responsible for the full cost of the project. The grant requires the work be
completed by March 2016 or funding would be lost. Option #2 would allow the
Public Works staff to continue to negotiate with the contract to arrive at terms
acceptable to both parties, and Option #3 the Town would not complete the
project at this time and would investigate other funding sources.
Board discussion followed: questioned what the probability might be in not
completing the work on time; could the timeframe for the grant funding be
extended past March 2016; concerned that weather would affect the
contractors ability to complete the project, leaving the Town vulnerable to
losing the grant funding once the project has been completed; continuing
negotiations with Dietzler would be too risky; the Town should look for other
grants to complete the project; there are too many variables related to risk; and
the Board would prefer to do the full project including both ponds with future
funding to be identified.
Tony Schetzsle/Town citizen stated the Town should not move forward and
assume the risk of having to fund the project if the project is not completed by
March 2016. He requested the Board continue to review all options to
complete the project as soon as possible.
Joe Holtzman/Town citizen commented on his disappointment but understands
the Town's position. He stated the Town has a responsibility to repair the
property. The properties surrounding the pond area would see a reduction in
property values until such time the area can be restored.
Staff stated if the project does not move forward, the Town would reallocate the
funds to the Hydroplant project. There would be a third round of recovery
grants the Town could apply for to complete the full project.
After further discussion, It was moved and seconded (Koenig/Norris) to
discontinue further contract negotiations with Dietzler Construction,
reallocate the CDBG-DR grant funds to other projects, investigate other
funding sources to complete both ponds, including grant funding and
open space funding, and complete ponds by the summer of 2016, and it
passed unanimously.
9. DOWNTOWN PLAN STEERING COMMITTEE INTERVIEW PANEL
SELECTION. Staff requested the Town Board appoint two members to the
interview panel in an effort to move the process forward. Trustees Ericson and
Nelson volunteered to serve on the committee. The Board requested a staff
member from Community Development and Jon Nicholas/EDC also participate
in the interview process. It was moved and seconded (Norris/Holcomb) to
approve the appointment of Trustees Ericson and Nelson to the
Downtown Plan Steering Committee Interview Panel, and it passed with
Trustee Nelson abstaining.
10. LOCAL MARKETING DISTRICT BOARD INTERVIEW PANEL SELECTION.
Larimer County has published an upcoming County vacancy on the Local
Marketing District. The County has requested the Town Board appoint two
members to participate in the interview process. It was moved and seconded
(Koenig/Phipps) to approve the appointment of Trustees Holcomb and
Norris in an advisory capacity to the Local Marketing District Board
Interview Panel to be conducted by the County, and it passed unanimously.
Board ofTrustees — November 10,2015—Page 7
Whereupon Mayor Pinkhumadjourned the moo*nget1O-
a
eWilliamson, Town Clerk
Ulia���Pinkhom.Mayor