HomeMy WebLinkAboutTB Study Session 2014-01-14
Town of Estes Park, Larimer County, Colorado January 14, 2014
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 14th day of January, 2014.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Town Attorney White and
Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Phipps questioned when staff would bring forward an amendment to the
Development Code to change the Special Review process. Staff would bring it forward
by the end of February for the Board’s consideration.
Trustee Ericson questioned the review of the Town Administrator as well as the
Municipal Court Judge and Town Attorney. Town Clerk Williamson would contact Gary
Suiter who performed the Town Administrator search and Alliance for Innovation to
identify other consultants to aid the Board in completing a review process for the three
positions. Trustee Elrod raised the philosophical issues related to the review of the
Municipal Court Judge, separation of legal versus legislative, and the Town Attorney as
a consultant not an employee. He stated a job description should be developed for the
Judge position.
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Phipps requested staff provide an update on the sales tax campaign committee
meeting at the next study session.
Administrator Lancaster stated the next meeting would include a discussion on the
Town’s matching funds for flood recovery.
Trustee Ericson requested staff bring forward an implementation plan for the 2014
Objectives at the March 11, 2014 meeting. He stated the agreement between the Town
and the Fire District should move to the top of the list for unscheduled items because it
is necessary to renegotiate the agreement before the 2015 budget preparations.
Trustee Elrod questioned if there would be any opportunity to discuss the fiber optics
with Platte River Power Authority during their upcoming presentation to the Board. Staff
would notify the Authority of the Board’s desire to discuss fiber optics.
BRIEFING ON COLORADO CAMPAIGN REFORM ACT.
Attorney White provided a review of the Campaign Reform Act as it relates to the
spending of public funds. He stated the Town Board can campaign for or against an
issue and or pass a Resolution outlining their position so long as they expend no public
money. A Board member is not limited in expressing its opinion during the election.
The Board may authorize the expenditure of public money and make contributions to
disseminate a factual summary on an issue, which includes arguments both for and
against. The Board and employees may respond to questions about election issues
during work time, so long as questions are not solicited, the response is impartial, and
Town Board Study Session – January 14, 2014 – Page 2
responses do not urge the elector to vote one way or the other. The Board may expend
$50 of public money in the form of letter, phone calls, or other activities. Employees
may endorse an election issue on their personal time, make personal contributions, or
use personal time to urge a vote in favor or against an issue. The Town may allow both
proponents and opponents of issues to rent space or facilities so long as the opportunity
is provided to all sides. The Town has adopted a policy that does not allow employees
to campaign as part of their job or wear their uniform to campaign during their own time.
All limitations on campaigning and the expenditure of public funds begins once the
Board has approved the item and set the ballot language.
PARKING STRUCTURE DESIGN REVIEW.
Director Zurn provided an update on the design of the parking structure at the Visitor
Center. The consultant has submitted the development plan application to move the
project forward. Schematic design approval must be obtained by both the Planning
Commission and the Town Board to move the project to the final design stage and then
develop construction documents. The structure has been designed to allow the addition
of a third level in the future with approximately 100 additional spaces. The current
design comes in on budget; however, the cost of construction may increase by the time
the Town moves forward with construction. The sewer line would remain in roughly the
same location within the current easement and be designed to allow for future access.
The design includes all the necessary conduit to address technology in the future;
however, the current budget does not allow for IT systems other than cameras. The
grant funds are secure so long as the Town continues to make progress and draw down
funds. Director Zurn stated the project would need to be bid by the end of the year to
secure funding. The Board consensus therefore was to move the review process from
the expedited process approved last year to the normal schedule.
FLAP GRANT – NEXT STEPS & MOU.
Director Zurn presented a draft project Memorandum of Agreement to set forth the
respective responsibilities of each party as it relates to the project development process:
Central Federal Lands Highway Division (CFLHD), National Park Service (NPS),
Colorado Department of Transportation (CDOT) and the Town of Estes Park (TEP).
Staff requested comments from the Board in order to move the agreement forward and
bring it back for final approval in February. The agreement does not commit or obligate
the expenditure of federal funds nor does it commit any party to complete the project.
The agreement outlines CFLHD would complete the NEPA study and design and
construct the project. CDOT would procure the necessary Right-of-Way through
property acquisition. The TEP and CDOT would approve the project at 95% design
completion. The Board requested the addition of contact information for all parties
including those listed in Section M.
Trustee Ericson questioned the increase in the number of acquisitions. He stated the
Town should take the lead role in acquiring the Right-of-Way not CDOT. The Town has
an obligation to ensure the project is completed properly, and therefore, should have
control over the project. Director Zurn confirmed the new acquisition numbers were
developed through a review by CFLHD and that further refinement of the numbers
would come through the NEPA process. Trustee Elrod stated the roadway belongs to
CDOT not the Town and the funds to complete the project are not Town funds. Trustee
Norris and Mayor Pro Tem Blackhurst expressed the Town would be involved in the
steering committee and have a say throughout the project.
Director Zurn stated the project has received RAMP grant funding through CDOT for the
match. The new CDOT program for the devolution of state highway continues to
develop. This spring staff would bring forward the devolution of Hwy 34 bypass from
Moraine Avenue to Wonderview Avenue. The stretch of highway is anticipated to
become Town roadway by summer and the Town would receive $4.3 million from
CDOT.
Town Board Study Session – January 14, 2014 – Page 3
Mayor Pro Tem Blackhurst stated concern with a linear process not being followed for
the project, and questioned the ramifications if the NEPA study does not support the
project. The Town would own a new roadway. The Board requested the devolution
agreement be brought forward for review.
Director Zurn stated the procurement of Right-of-Way would begin once the NEPA
documents near completion and the preliminary design has been completed. There
may be construction easements to fix the wall along Moraine Avenue damaged during
the flood. The fix would be temporary and some property owners may be approached
early to discuss acquisition.
There being no further business, Mayor Pinkham adjourned the meeting at 6:38 p.m.
Jackie Williamson, Town Clerk