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HomeMy WebLinkAboutMINUTES Town Board 2016-08-23Town of Estes Park, Larimer County, Colorado, August 23, 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 23`d day of August 2016. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Walker Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. John Phipps/Town citizen spoke to the need to maintain the ban on retail marijuana in the Estes Valley as approved by both the Town Board and the County Commissioners. Pat Newsom/Town citizen stated the community should be made aware the Board has begun discussions to allow marijuana dispensaries in Estes Park. She commented on the increase in crime it would create in the community and the additional strain on the Police department. Arthur Messal/Town citizen stated he would support the Loop as it would set in motion positive change in the community, even though it would not solve much. He would not support a vote on the issue. TRUSTEE COMMENTS. Trustee Nelson commented the Larimer County Open Lands Board would hold their regular scheduled meeting on August 25, 2016. He thanked Mayor Pro Tem Koenig for her donation to the upcoming Estes Art District community event. Mayor Pro Tem Koenig stated the Estes Arts District would host a thank you event for everyone that participated and supported the arts on August 31, 2016 at the marina. Mayor Jirsa commented he attend the first Northern Colorado Regional Tourism Authority meeting with Mike Abbiatti. He stated Mr. Abbiatti has been impressive and an appropriate appointment for the Town. Trustee Walker stated the appointment of Scott Webermeier on the Visit Estes Park Board would end at the end of 2016 and he would be term limited. He would like to discuss term limits for the VEP Board. Trustee Norris reminded the citizens that bears are becoming more active. The Estes Valley Planning Commission discussed the allowance of ADUs, the current number of ADUs in the valley, how they would help housing, a permitting and inspection process, and the possibility of unintended rezoning of single-family neighborhoods. The item was continued to their September meeting for further discussion. Trustee Martchink commented the Parks Advisory Board held their regular meeting and was briefed by Lars Sage/Estes Arts District on upcoming activities. Board members Board of Trustees — August 23, 2016 — Page 2 Terry Rustin and Meerle Moore have produced articles for the paper addressing art in public places. Trustee Holcomb stated the Community Development/Community Services Committee meeting would be held on August 25 2016 in the Board Room. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated August 9, 2016 and Town Board Study Session August 9, 2016. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities & Public Works Committee, August 11, 2016. 4. Transportation Advisory Board Minutes dated July 20, 2016 (acknowledgement only). 5. Parks Advisory Board Minutes dated July 15, 2016 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated July 19, 2016 (acknowledgement only). It was moved and seconded (Nelson/Holcomb) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS (OUTSIDE ENTITIES): 1. LARIMER COUNTY EMERGENCY TELEPHONE AUTHORITY (LETA) UPDATE ON 911 REDUNDANT SERVICE. Chief Executive Officer Culp provided the Board with an update on the Authority's efforts to build redundancy in 911 service in the Estes Valley. She stated the Town lost 911 services during the 2013 flood due to a lack of redundancy in CenturyLink's system. The LETA Board has tried to resolve the 911 redundancy issue through all means possible without resolve, and has contemplated filing a formal complaint at the PUC, Governor's Office, and the Federal Communication Commission. The LETA Board would like to file the complaint with the support of its governmental partners. The Board consensus was to support LETA's actions to secure redundant 911 service to the Estes valley. 3. ACTION ITEMS: 1. INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE ESTES VALLEY RECREATION AND PARK DISTRICT AND THE TOWN OF ESTES PARK FOR THE ESTES VALLEY COMMUNITY CENTER. Assistant Town Administrator Machalek stated the proposed IGA provides direction on the transfer of the existing senior services to the Estes Valley Recreation and Park District (EVRPD), provides for enhanced services for seniors including recreational programs, social programs and activities, the transfer of the existing program coordinators, a unified management and programming of the Estes Valley Community Center, eliminates the need for ongoing lease/operating agreements between the Town and the District for the operations of the Center, and provides Senior Center patrons with seamless integration into all program offerings at the Center. The agreement also outlines the distribution of the 1A sales tax funds to the District for the construction of the Center. Through the agreement $87,784 in development Board of Trustees — August 23, 2016 — Page 3 and building fees would be waived, with the District paying for the outsourced plan reviews in an estimated amount of $49,000. Board discussion followed with Mayor Pro Tem Koenig stating concern with the possible phasing of facilities such as the kitchen facilities. She requested the IGA be amended to include the kitchen in the initial construction phase as well as one multi -purpose room. Trustee Norris and Holcomb agreed the kitchen should be included in the base bid and should not become an add -alternate. Trustee Holcomb questioned if the use of the walking track would be available for the Senior Center patrons. Tom Carasello/EVRPD Director confirmed the kitchen and four multi -purpose rooms have been included in the base bid. He commented the EVRPD Board held a special meeting to approve the IGA presented and any further delay would negatively impact the financing and construction of the Center. The EVRPD Board has not taken formal action on the use of the walking track; however, he understands the need to allow the use and would discuss it with the Board. Administrator Lancaster stated discussions continue with Crossroads on taking over the Meals on Wheels program and may even occur in 2017. Group meals are a separate issue and has not been resolved. Those speaking against the proposed IGA included Marge Gooldy/Town citizen and Georgia Bihr/Town citizen. Comments included the need to have a kitchen for meals rather than two pools; the senior voting population was not provided accurate information during the election; concerned the community cannot afford the $1 million to operate the Center; the proposed fee schedule would not permit a large segment of the population to use the Center; and the current Senior Center provides more than recreational activities, including social interaction, exercise, mental health, etc. The District does not have the staff to address the needs of the senior population. Arthur Messal/Town citizen supports the IGA with the removal of sections 4.2 and 4.3 from the agreement because a Senior Advisory Committee would not be need. He would request the District add hot tub and sauna facilities. George Crislip/Senior Center Board member commented the Board would continue to finance the food services for both the Meals on Wheels program and food services through 2017. The Board continues to have discussions with the District on the type of kitchen facilities needed to provide meals brought in from other commercial kitchens. He requested two members of the Senior Advisory Board be appointed from the current Estes Park Senior Center Inc. membership. It was moved and seconded (Holcomb/Nelson) to approve the Intergovernmental Agreement between the Estes Valley Recreation and Park District and the Town of Estes Park for the Estes Valley Community Center, and it passed unanimously. A substitute motion was moved and seconded (Koenig/Norris) to approve the Intergovernmental Agreement with the stipulation the kitchen be built as presented without modification and completed during the first construction phase, and the motion was removed by Mayor Pro Tem Koenig because Mr. Crislip stated the Senior Center Inc. was not concerned with securing the kitchen as it has been included in the base bid. 2. ESTES VALLEY COMMUNITY CENTER FEE WAIVER REQUEST. It was moved and seconded (Walker/Holcomb) to approve the few waiver request for the Community Center at $87,784, and it passed unanimously. Board of Trustees — August 23, 2016 — Page 4 3. MORAINE AVENUE BRIDGE REPLACEMENT PROJECT MANAGEMENT SERVICES — CONTRACT AWARD. Manager Ash stated the Town secured funding for a project manager through the Department of Local Affairs (DOLA) to manage the Moraine Avenue bridge replacement project. Two separate attempts were made to hire a 2-year grant funded employee with no success at identifying a qualified candidate. The Town received authorization from DOLA to hire a consultant in lieu of an employee to provide project management services. Public Works advertised a Request for Qualifications for the project and one firm responded to the request. Cornerstone Engineering and Surveying has demonstrated the firm's ability to provide design services on bridge/box culvert projects with federal funding and within the CDOT Local Agency guidelines. The firm possess the experience with permitting, roadway design, construction bidding, right-of-way acquisition, pedestrian underpass and trials, and utility relocations. They have added Deere/Ault to the project team to provide hydrology, hydraulics and floodplain analysis. Staff would recommend awarding a professional services contract to Cornerstone Engineering and Surveying to advance the project and meet the grant funding timelines. The project would improve the water flow through the area but would not meet the 100-year flood event due to physical restrictions in the area. It was moved and seconded (Nelson/Holcomb) to approve a professional services contract with Cornerstone Engineering and Surveying for the Moraine Avenue Bridge Replacement Project — Project Management Services for a project cost not to exceed $220,000, and it passed unanimously. 4. APPROVAL OF MATCHING GRANT FUNDS FOR VISITOR CENTER BANK STABILIZATION PROJECT. The Estes Valley Watershed Coalition (EVWC), on behalf of the Town, applied for and was awarded $108,680 in Emergency Watershed Protection grant funding by the Department of Agriculture Natural Resources Conservation Services to repair the flood damage. The funds would be used to stabilize the eroding north bank of the Big Thompson River at the Estes Park Visitor Center, which was impacted by the 2013 flood resulting in additional erosion, dangerous access to the river, and potential damage to trees and structures in the area. The grant requires a 12.5% local match. Staff requests the approval to spend $13,585 from the Open Space Fund as the local match. This request was not budgeted for during the 2016 budget process and would require a budget amendment. Trustee Nelson stated the Larimer County Open Lands Board would support this type of work and may be supportive of funding the match. It was moved and seconded (Holcomb/Nelson) to approve payment to the EVWC in an amount not to exceed $13,585 upon completion of the flood damage repair of the north bank of the Big Thompson River at the Visitor Center, and it passed unanimously. 5. PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY (PEMPWCo) VOLUNTARY WATER SYSTEM TRANSFER AGREEMENT. Director Bergsten presented the agreement between the Town's Water department and PEMPWCo to proceed with the voluntary transfer of the water system to the Town. The members of the PEMPWCo held a meeting on July 5, 2016 and approved proceeding with the project by a vote of 78% of their members voting in favor. Bill Pinkham/PEMPWCo member thanked the Water department staff, Director Bergsten, Ed Schimms/Larimer County and the USDA. It was moved and seconded (Nelson/Norris) to approve the Park Entrance Mutual Pipeline and Water Company Voluntary Water System Transfer Agreement, and it passed unanimously. 6. HONDIUS WATER USERS VOLUNTARY WATER SYSTEM TRANSFER MEMORANDUM OF UNDERSTANDING (MOU). Director Bergsten stated the property owners of the Hondius Water Users Association have requested the Board of Trustees — August 23, 2016 — Page 5 Town initiate the process for a voluntary water system transfer to the Town's Water department. The MOU would provide the Town the authority to apply for project financing, assist with project execution and the devolution of the system to the Town. The design and construction is costly and would be paid for by the property owners served by the current water system. It was moved and seconded (Koenig/Holcomb) the Hondius Water Users Voluntary Water System Transfer Memorandum of Understanding, and it passed unanimously. 7. ORDINANCE #21-16 AMENDING THE ESTES VALLEY DEVELOPMENT CODE RELATING TO CONCURRENT SUBMITTAL AND TIMING OF REVIEW SECTION 3.1.E. Mayor Jirsa opened the public hearing. Planner Chilcott presented the code changes that would remove the requirement that in all cases variance approvals through the Board of Adjustment must be the last land use approval for developments. This requirement was approved by the Town Board in 2014 and the Board requested the process be reviewed in 18- 24 months to determine the effectiveness of the code amendment. Staff has found the disadvantages of the code requirement outweighs the advantages and creates longer review times for non-complex and/or non -controversial projects. This requirement can also place a significant financial burden on applicants. The Community Development Director would still have the ability to require the review of a variance as the last approval for a development. Hearing no public comment Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Koenig/Martchink) to approve Ordinance #21-16, and it passed unanimously. 8. RESOLUTION #15-16 TO AFFILIATE THE ESTES PARK POLICE OFFICERS WITH THE FIRE AND POLICE PENSION ASSOCIATION (FPPA) FOR RETIREMENT. Director Williamson presented a nonbinding Resolution that would allow staff to review and assess the affiliation with FPPA retirement plan and hold an election required by state statute with the sworn Police Officers. The state statute requires a vote of the membership with a 65% approval in order to establish FPPA retirement. The Town of Estes Park Police Officers have been covered by the Statewide Death and Disability Social Security Supplemental Plan (SWD&D-SS) since the 1980s. This program provides death and disability benefits only and does not provide retirement benefits to the employees. The Town established a defined contribution ICMA retirement plan for all Police department personnel because they did not qualify for PERA under state statute due to their affiliation with FPPA. A notice from FPPA was received in August 2015 stating the SWD&D-SS coverage would not continue for the Town's sworn Police Officers unless the Town elected to join the FPPA retirement plan prior to December 31, 2016. If the sworn Police Officers vote not to join FPPA retirement, the officers would lose their SWD&D-SS coverage on December 31, 2016 and automatically be affiliated with PERA for retirement. If the Board approves the Resolution, informational meetings with HR and FPPA would be established to outline the retirement plan and the benefits the Police Officers are eligible to receive through the SWD&D-SS plan. It was moved and seconded (Nelson/Holcomb) to approve Resolution #15- 16, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9; Todd Jirsa, Maydr ie Williamson, Town Clerk