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HomeMy WebLinkAboutMINUTES Town Board 2015-07-14Town of Estes Park, Larimer County, Colorado, July 14, 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 14th day of July 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. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Ericson reminded the public the Transportation Advisory Board would meet at noon on July 15, 2015 to discuss various projects related to transportation and continue to work on the development of a Master Parking Plan. The Community Development/Community Services Committee would meet on at 8:00 a.m. on July 23, 2015. Mayor Pro Tem Koenig congratulated Western Heritage for their efforts during the Rooftop Rodeo. Attendance was down 20% the first three nights due to weather and weekend attendance was sold out. Contestants stated they attended the rodeo because of the new format, added money and stock contractor. Trustee Holcomb thanked everyone for their good wishes during his recent hospital stay and he thanked the hospital for their excellent services provided. TOWN ADMINISTRATOR REPORT. Administrator Lancaster thanked the Parks division employees Keri Kelly and Brian Berg for their efforts in coordinating the Community in Bloom (international competition) and the American in Bloom events. The Town Board reviewed the draft RFP for the Downtown Plan during the Town Board Study Session. Staff received clear direction from the Town Board to exclude the residential area north of the downtown area. The Stanley Village was included as an option for the Board to consider. Board discussion followed with Mayor Pro Tem Koenig stating concern with including an area outside of the downtown area and increasing the cost of the plan. Trustee Nelson and Ericson would favor adding the area to the Downtown Plan RFP to address traffic and signage in the area. It was moved and seconded (Norris/Holcomb) to include the Stanley Village to the Downtown Plan RFP focusing on traffic, safety and way finding, and it passed with Mayor Pro Tem Koenig voting "No". Board of Trustees — July 14, 2015 — Page 2 Administrator Lancaster provided a quarterly monitoring report for Policy 3.3 Financial Planning and Budgeting, Policy 3.12 General Town Administrator — Internal Operating Procedures and 3.13 Town Organizational Plan. He reported compliance with all policies with the exception of partial compliance with policies 3.3.4, 3.3.5 and 3.12. He stated there is a considerable amount of uncertainty in the current budget due to the flood recovery expenditures and the fact the Town has yet to receive planned reimbursement from the State, FEMA and other agencies. Fund balance dropped to 20% in 2014 due to flood recovery and staff anticipates fund balance would remain at 20% in 2015. Internal procedures continue to developed, with draft financial and personnel policies to be completed in July. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 23, 2015. 2. Bills. 3. Committee Minutes: a. Community Development & Community Services Committee, June 25, 2015. 4. Estes Park Board of Appeals Minutes dated May 7, 2015 and June 4, 2015 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes dated June 2, 2015 (acknowledgement only). 6. Audit Committee Minutes dated June 26, 2015 (acknowledgement only). 7. Resolution #12-15 - Setting the public hearing date of July 28, 2015, for a new Beer and Wine Liquor License for Himalayan Curry & Kebob, Inc., dba Himalayan Curry & Kebob, 101 B W. Elkhorn Avenue, Estes Park, CO 80517. Mayor Pinkham requested Consent Item 4 be removed for discussion. It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda 1-3 and 5-7 Items, and it passed unanimously. Items 4 - Estes Park Board of Appeals Minutes dated May 7, 2015 and June 4, 2015: Mayor Pinkham stated page 9 of the minutes of June 4, 2015 had a misspelling and the word "close" should be "clothes". The item was not voted on by the Board as the minutes were acknowledgement only. 2. ACTION ITEMS: 1. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Eric Miller/CliftonLarsonAllen presented an overview of the annual financial reporting process. The auditing firm of CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes Park's financial statements as of December 31, 2014 and have expressed an unmodified opinion (clean) that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). Areas of improvement noted in the Management notes included audit entries, journal entry processes, purchasing processes, user access rights, control procedures, year-end financial reporting, accounts payable and liability accounts, and Visit Estes Park (grant reporting). No areas of material weakness were cited; however, one area of significant deficiency was noted in grant reporting/management. An A-133 Single Audit would be completed by the end of September as the Town expended more than $500,000 in governmental grants during the calendar year. Board of Trustees — July 14, 2015 — Page 3 Trustee Ericson stated a number of minor issues were identified by the auditors and have been addressed by the Finance staff. He thanked staff for their efforts. He pointed out the useful information provided in the statistical charts within the audit, including major employers and an increase in school enrollment. Johanna Darden/Town citizen questioned if the families with kids in the school system were employed locally and questioned the types of items that did not have proper purchase orders in place prior to the purchase. Mr. Miller stated all internal controls were in place and the items were budgeted but the purchase order was not completed prior to the purchase. It was moved and seconded (Ericson/Holcomb) to approve the audit report and Comprehensive Annual Financial Report for the year ended December 31, 2014, and it passed unanimously. 2. FUNDING FOR CASCADE COTTAGES. Cascade Cottage contains approximately 40 acres, one of two private resorts within Rocky Mountain National Park (RMNP), bisected by Hwy 34 and has been placed on the market by the family. The acquisition cost has been estimated at $3.6 million. RMNP has obtained the assistance of the Trust for Public Land (TLP) and the Rocky Mountain Conservancy (RMC) to acquire the property. The Park has submitted to the NPS Land Acquisition Ranking System to secure Land and Water Conservation Fund monies to acquire the property. This requires matching funds which are being raised by RMC. TLC has obtained an Option Agreement to purchase the property that expires the end of 2015. RMNP and RMC have requested $100,000 in assistance from the Open Lands Advisory Board. Larimer County has donated $50,000 and challenged the Estes Valley Land Trust and the Town of Estes Park to each provide $25,000. The Land Trust has committed $25,000. Charles Money/RMC Executive Director stated the non-profit partner for the National Park was requested by the Park to secure the funds necessary to purchase the Cascade Cottages. The family continues to honor a long standing verbal agreement to offer the purchase of the property to the Park first. He commended both Larimer County and the Estes Valley Land Trust for their support for the purchase of the property. After further discussion, it was moved and seconded (Nelson/Norris) to approve the allocation of $25,000 of Open Lands funding toward the acquisition of the Cascade Cottages RMNP inholding by the Rocky Mountain Conservancy provided the funds are returned if the purchase is not completed, and it passed unanimously. 3. CONTRACT TO REPAIR CONFERENCE CENTER ROOF. The Conference Center roof has been leaking in multiple areas and causing damage to the interior of the building. The original roof had a 15 year warranty and has been in place for 24 years. Staff advertised the project in the local papers, Loveland and Fort Collins. Public Works received one proposal from RTN Roofing Systems from Loveland with a bid of $118,700. There are two additional areas of the roof that need to be addressed and fall outside the scope of the work. The contractor can address these issues for an additional $10,000. The total budget for the project would be $129,000, well within the projected cost of $165,000. It was moved and seconded (Koenig/Holcomb) to approve a contract with RTN Roofing Systems to complete the Conference Center roof repairs at a cost of $129,000, and it passed unanimously. 4. SCOTT PONDS REHABILITATION DESIGN DIRECTION. During the flood of September 2013 the dams in the Scott Pond Natural Area were damaged and the eastern dam was breached. In an effort to address Board of Trustees — July 14, 2015 — Page 4 public concern and a modification directive from the State Engineers Office (SEO) regarding this, the Public Works department held an Open House in January 2015. Public opinion was divided with some advocating for removal of the two dams and others arguing for the rehabilitation and retention of the two dams. A project funding opportunity was pursued in March of 2015 through a CDBG-DR grant. It requires completion of the project within one year. An application was submitted and a conditional grant award in the amount of $925,000 was received. This award was partnered with another award in the amount of $146,000 for river restoration near the Fall River power plant. In April of 2015, Public Works solicited proposals for consulting services and awarded a design contract to Cornerstone/Deere Ault in May. The consultant team submitted a Hazard Classification Study to the SEO in June 2015 and awaits comments. On July 7, 2015, the Town and its consultant team conducted a second Open House meeting to outline two design concepts. Concept 1 — removal of the dams with a cost of approximately $360,000. Removal of the dams would meet the SEO inspection mandate, removes completely the risk for a dam failure and damage from it, no ongoing state jurisdictional inspections or reports required, maintenance and operational resources and costs would be minor and require no additional Public Works staff time, a new raw water augmentation plan would not be needed, and lower construction and operating costs. The community would lose a recreational and wildlife amenity and home values for adjacent properties may be affected. Concept 2 - retains the current configuration of the ponds and rebuilds the spillway and outlet to meet SEO requirements. To create ponds in a manner similar to what currently exists would require augmentation of water and acquisition of additional water rights. The preliminary estimated construction cost would include $828,310 for construction labor and materials and $133,000 for augmentation and water share acquisition with a total cost of $961,310. Additional annual operational expenses would occur. Repairing the dams would bring the dams into compliance with SEO inspection mandate, maintain a community recreational and wildlife amenity and one "fishable" pond, preserve the property values for parcel adjacent to the upper pond, retains a water body source for fire protection, and dam structures would provide an attenuation of runoff benefit in the peak flow condition. The costs of the repair are significantly higher than removing the dams, augmentation plan increases the cost and requires annual operation/maintenance costs to be incurred by Public Works, increase staff time to monitor and maintain dam inspection records, and Town to incur additional liability in the event of a breach. Mike Todd/Cornerstone Engineering stated the new dam standards for a significant hazard dam would require the dam and spillway to handle a 100 year flood with one foot of free board and no failure of the dam. The lower dam has to be designed to pass a 50 year flood event with no free board and not overtopping of the dam. The new design would provide significantly more protection than has been in place for 40 years. Jay Blackwood/Town citizen stated it would be premature for the Trustees to vote on an option as the State Engineers Office has not rated the hazard levels of the dams. He stated concern the Town may expend nearly $1 million to repair darns and increase the liability to the Town. He proposed a third option of returning the area back into a natural area with small ponds and no dams. Those speaking in favor of Option #1 included Chuck Bonze/Town citizen, Susan Durnford/Town citizen, Mary Banken/Town citizen, and Gary Miller/Estes Valley Watershed Coalition. Comments were summarized: return to a natural area with small ponds that would not require future repairs, maintenance or the purchase of water rights; concerned with the potential damage a future dam breach may have on the properties downstream; if the dams are rebuilt there should be an annual emergency evacuation exercise for the area below the dam; the grant funds could be used to address the Fall Board of Trustees — July 14, 2015 — Page 5 River corridor rather than rebuild dams; Option 1 could turn into a beautiful wildlife area that would be natural; dams are not natural; natural flows are needed to maintain a health natural area; dams are being removed throughout the nation due to cost to maintain and public safety; concerned with the cost of maintenance as well as increased use requiring parking, trash removal and perhaps restrooms in the future; the Coalition would support an environmentally resilient restoration of the Scott Ponds Natural Area and not the repair of the dams since it would not be an ecologically resilient solution; dams carry risk of failure, risks to public safety, risks to ecological health; and the area should be restored to natural ponds, wetlands and stream channels. Those speaking in favor of Option #2 included Johanna Darden/Town citizen, Joe Holtman/Town citizen, Hattie Schetzsle/Town citizen, Carol Rood/County citizen, Sue Doylen/Town citizen, Lorraine Nelson/Town citizen, Garth Lewis/Town citizen and Libby Rehm/County citizen. The property should be restored to pre -flood conditions to preserve the wildlife, maintain property values and intrinsic value of the area; prevent the Town from selling the property to a developer in the future; dams built to the new standards would help prevent damage to properties downstream during a major flooding event and provide further resiliency; the areas should be placed in a conservation easement; the Town should not abandon water rights; stated concern with the removal a potential water source in the event of a fire; Option 1 would likely lead to an area full of noxious weeds; not repairing the dams would be a disservice to the flood recovery effort; the dams are an asset to the entire community; and a stream corridor would not provide the recreational activities now enjoyed on the pond area. It was moved and seconded (Holcomb/Norris) to extend the meeting to 10:30 p.m., and it passed unanimously. It was moved and seconded (Norris/Holcomb) to direct Public Works staff to proceed with design Concept 2 for the final design and construction of the Scott Ponds Natural Area dam modification, and it passed unanimously. 5. FUNDING OF MID -YEAR SALARY ADJUSTMENTS AND POLICE BODY CAMERAS. During the review of the proposed 2015 budget the Board approved to fund additional 2013 Compensation study adjustments; however, some employees did not realize the full adjustments identified in the study. The Police body cameras were cut from the proposed budget as there was not adequate funding. With the 2014 General Fund balance finishing at an acceptable level of 20% and sales tax up 10% for the year, funding would be available to for the additional items. Staff recommends funding the final adjustments to the 2013 Compensation study and the purchase of body cameras for each Police Officer. It was moved and seconded (Koenig/Norris) to approve the funding for the 2013 Compensation Study adjustments and to purchase the body cameras for the Police Officers, and it passed unanimously. 6. PARKS ADVISORY BOARD INTERVIEW TEAM APPOINTMENTS. It was moved and seconded (Norris/Koenig) to appointment Trustees Holcomb and Ericson to the Parks Advisory Board Interview Panel, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. DRY GULCH ROAD REHABILITATION CONSTRUCTION CONTRACT. Engineering Manager Ash stated the Town received no bids for the project. Staff reached out to the contractors that attended the pre -bid meeting to ascertain why they did not bid on the project. The contractors stated they already had full workloads through the end of the year and an aggressive schedule was not doable. Staff would engage the consultants to prepare a Board of Trustees — July 14, 2015 — Page 6 new bid package with a two phased approach: Phase I — utilities and trail work this fall/winter and Phase 2 — road work in the spring with the project completed by June 2016. Discussion with contractors has demonstrated a favorable response to this approach. The timeline would have the bid package ready within a month. Whereupon Mayor Pinkham adjourned the meeting a.10:08 p.m. am C. Pinkham, Mayor kie Williamson, Town Clerk