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Home My WebLink AboutPACKET Town Board Study Session 2018-06-12Tuesday, June 12, 2018 TOWN BOARD 5:15 p.m. – 6:40 p.m. STUDY SESSION Rooms 202/203 5:00 p.m. - Dinner 5:15 p.m. Quarterly Updates on Downtown Estes Loop Project. (Project Technical Advisory Committee) 6:10 p.m. Review of Town Board E-mail Policy. (Administrator Lancaster) 6:25 p.m. Upcoming Renewal Date for Local Marketing District. (Administrator Lancaster) 6:35 p.m. Trustee & Administrator Comments & Questions. 6:40 p.m. Future Study Session Agenda Items. (Board Discussion) 6:45 p.m. Adjourn for Town Board Meeting Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:45 p.m. AGENDA 1 2 PUBLIC WORKS Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Greg Muhonen, PE, Public Works Director Project Technical Advisory Committee (TAC) Date: June 12, 2018 RE: Quarterly Update on Downtown Estes Loop (DEL) Objective: The project team will present an update on progress made in the past 3 months. Present Situation: •On November 30, 2016 the Mayor signed the concurrence letter needed for the FONSI. The FONSI was published in the Federal Register and no appeals were filed. •The TAC presented updated design concepts to the citizen Parks Advisory Board and Transportation Advisory Board in March, 2018. Additional landscaping design refinements were also reviewed with the Parks Advisory Board at their April and May 2018 meetings. •The 70% complete final design drawings will be reviewed with Town staff and utility companies this month. •CDOT has commenced the right-of-way acquisition process with the owners of the seven parcels identified for full acquisition. Two offers have been submitted. All other purchase offers are on hold pending the outcome of the Board discussion regarding Town withdrawal from the project. Proposal: The TAC proposes to continue the design and right-of-way acquisition efforts in preparation of bidding the construction work in early 2021. Advantages: •Completion of the right-of-way acquisitions and final design drawings will position the Town to request the Colorado Federal Lands Access Programing Decision Committee (CO FLAP PDC) move the project construction funding forward from 3 2021/2022 to 2019/2020. This reduces the risk of higher project construction costs due to inflation, more quickly implements DEL solutions to the Town’s downtown traffic congestion problems, and reduces downtown flood risk from the Big Thompson River. Disadvantages: •The DEL project is controversial and ongoing support is viewed negatively by a segment of the community. Action Recommended: n/a Finance/Resource Impact: The Town remains obligated to pay a local match in the amount of $4.2 million. This money was provided to the Town by the Colorado Department of Transportation (CDOT) in 2015. To date $1,984,000 has been spent by the team on this project. No new expenditures of the Town’s General Funds are contemplated or requested. Level of Public Interest The known level of public interest in this item is high. Attachments: Presentation Slides (15 pages) Memo from Administrator Lancaster 4 6/6/2018 Draft Presentation subject to change. Downtown Estes Loop Project Estes Park Town Board Study Session June 12th, 2018 Draft Presentation subject to change. Today’s Agenda • Project History and Overview • Recent Activities – Final Design Advancement – Meetings and Coordination • Landscape Concepts • Hydraulics Update • Right-of-Way Update (CDOT) • Q&A 5 6/6/2018 Draft Presentation subject to change. Project History and Overview Draft Presentation subject to change. Project Partners • Town of Estes Park – Project Applicant – Reviewing Design – Providing Local Match Funding • Federal Highway Administration, Central Federal Lands Highway Division – Leading & Administering the Project – Providing Federal Lands Access Program (FLAP) Funding • Colorado Department of Transportation – Responsible Agency for Traffic on US 36 – Reviewing Design – Acquiring right of way for the Project 6 6/6/2018 Draft Presentation subject to change. What is the “Downtown Estes Loop” project? Project Area: • E. Elkhorn Ave (Riverside to Moraine) • Moraine Ave (Elkhorn to W. Riverside) • Riverside (Moraine to Elkhorn) • W. Elkhorn Ave (Moraine to Wonderview) Draft Presentation subject to change. Purpose & Need • Project Purpose: – Improve access to and from RMNP by reducing travel time and congestion, and by improving safety through Downtown Estes Park. • Project Needs: – Alleviate Motor Vehicle Travel Time and Congestion – Improve Motor Vehicle and Pedestrian Safety – Improve Bicycle Facilities 7 6/6/2018 Draft Presentation subject to change. Completed Milestones • Spring 2013 - Town of Estes Parksubmitted FLAP application for OneWay Couplet • Fall 2013 - Project awarded FLAPfunds ($13M) and Town commitsRAMP Funds ($4.2M) fromDevolution of W. Elkhorn Ave • September 2014 - EnvironmentalPhase Initiated – Extensive Alternative Analysis andPublic Involvement • July 2016 - EnvironmentalAssessment (EA) Released forPublic Comment – Finding of No Significant Impact(FONSI) signed in April 2017 Draft Presentation subject to change. Alternative Screening Results Ø No Action: Analyze in EA per NEPA Ø Alt. 1 (One-way Couplet): Good traffic operations, lowest impacts of build alternatives Ø Alt. 1A: Poor traffic operations, does not meet purpose and need Ø Alt. 4: Improved traffic operations, moderate/high impacts, requires additional funding Ø Alt. 2: Improved traffic operations, high environmental impacts, requires additional funding Ø Alt. 6: Best traffic operations, highest environmental impact, requires additional funding; public feedback and detailed feasibility review Ø Alt 10 (Parking/Transit Structure): Does not meet purpose and need of reducing congestion and improving access to RMNP. Requires additional funding. 8 6/6/2018 Draft Presentation subject to change. Proposed Action Analyzed in EA Draft Presentation subject to change. Phasing • Funded Phase 1 –Construction/Implementation of the Loop, one-way configuration, intersection improvements, Ivy Street Bridge reconstruction, Channel Improvements between Ivy St Bridge and Rockwell Bridge • Future Phases -Not yet funded: – Future reconstruction of the Rockwell and Riverside Bridges (and relocation of the Public Restroom) – Future channel/floodplain improvements (Downstream of Riverside Drive to US 36) 9 6/6/2018 Draft Presentation subject to change. Summary of Public Outreach • Prior to Developing Proposed Action – One Public Open House – One Public Meeting – Four Small Group Meetings – Three Town Board Study Sessions – Project Website • During EA Public Review Period – One Public Open House – One Public Meeting – One Town Board Study Session – Hard Copies at Six Locations throughout Town and Region – Project Website – 253 Comments (For & Against) from 229 CommentersReceived Draft Presentation subject to change. Summary of Public Outreach Continued • Prior to Preparing FONSI – Town Board Meeting – FONSI Concurrence Received – 4(f) Concurrence Received – Project Website • Since FONSI Issued – Town Board Study Session Updates – Meetings with Estes Park Park Advisory Board, Estes Park Transportation Advisory Board, Downtown Plan Steering Committee – Numerous Property Owner Meetings – Numerous Utility Owner Meetings – Project Website 10 6/6/2018 Draft Presentation subject to change. Finding of No Significant Impact (FONSI) • Funded Phase 1: • Reconstruction and realignment of Riverside Drive • Reconstruction of the Ivy Street Bridge • New and Coordinated traffic signals in • Associated transportation improvements along Elkhorn and Moraine • New on street bike lane on Moraine and Riverside • Continuous sidewalks along entire Loop • Channel Improvements between Ivy St and Rockwell St • Wayfinding, parklands Draft Presentation subject to change. Recent Activities 11 6/6/2018 Draft Presentation subject to change. Where we are at in development of Project? (Phase 1) Draft Presentation subject to change. Recent Project Activities • Continued Final Design • Meetings with Advisory Boards (PAB, TAB) – Accommodate Shuttle Stops – Feedback on landscape concepts • Developed and Refined Landscape Concepts • Right of Way Acquisition Ongoing 12 6/6/2018 Draft Presentation subject to change. Landscape Concepts Draft Presentation subject to change. Moraine/Crags/W. Riverside Area 13 6/6/2018 Draft Presentation subject to change. Baldwin Park Draft Presentation subject to change. Post Office Riverwalk Area 14 6/6/2018 Draft Presentation subject to change. Elkhorn Avenue and E. Riverside Drive Intersection Draft Presentation subject to change. Right-of-Way Update 15 6/6/2018 Draft Presentation subject to change. Right-of-Way Acquisitions Process • CDOT is the lead agency for Right of way Acquisition on the Project • Process follows Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). • CDOT will assist property owners and tenants who require relocation – Initial consultation with all property owners and tenants has occurred. Draft Presentation subject to change. Full Right-of-Way Acquisitions • Project requires 7 full property acquisitions • CDOT has initiated full property acquisitions and relocations – CDOT appraisals are complete – Fair Market Value has been established for 6 properties. 7th FMV waiting for owner’s appraisal • Final Right of Way Plans for partial acquisitions and temporary easements are being completed X X XXX X X 16 6/6/2018 Draft Presentation subject to change. Ownership of Riverside Drive • CDOT and Town have agreed on ownership approach for Riverside Drive (Eastbound One-way) – Town of Estes Park will own and maintain Riverside Drive (Eastbound US 36) – CDOT will continue to own and maintain westbound US 36 (Elkhorn and Moraine Avenue) and entire Roundabout at Moraine/Crags/W. Riverside • Intergovernmental Agreement (IGA) in development to outline roles and responsibilities Draft Presentation subject to change. Project Costs to Date Activity Costs to Date Anticipated Remaining Cost Anticipated Total Costs Environmental Clearance and Engineering $1,926,000 $565,000 $2,491,000 Right of Way and Utilities $58,000 $3,342,000 $3,400,000 Construction $9,500,000 $9,500,000 Construction Administration $1,123,000 $1,123,000 Contingency $691,000 $691,000 Total $1,984,000 $15,221,000 $17,205,000 17 6/6/2018 Draft Presentation subject to change. Schedule Look Ahead (Phase 1) Draft Presentation subject to change. Near-Term Next Steps • Complete Final Design v FHWA, CDOT, and Estes Park Public Works Technical Review v Meetings with Estes Park Transportation Advisory Board v Meetings with Estes Park Park Advisory Board v Meetings with Utility Owners • Continue Right of Way Acquisition • Finalize Utility Relocation Plans and Timing • Final Design Plans by Fall 2018 • Town Board Updates 18 6/6/2018 Draft Presentation subject to change. Town Staff Comments Draft Presentation subject to change. Questions and Answers 19 TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Town Administrator Lancaster Date: May 11th, 2018 RE: Issues associated with withdrawal from the Downtown Estes Loop project I have received questions from trustees regarding what the consequences of the Town pulling out of the Downtown Estes Loop project, either as result of Town Board action or should the Board decide to refer the matter to the electorate in a special election. The June 12th study session will include an update on the project. The project team can cover this material at that time, as well. In the meantime, as requested, this memo provides a briefing on the ramifications of withdrawing from the project. • Financial o Under the agreement for the Federal Lands Access Program funding, (FLAP) if we terminate the agreement, we are responsibly for repayment of 100% of actual costs of items/services/obligations incurred prior to termination per section XI of our agreement. At this point in time that cost is around $2 million. o Loss of eligibility for future FLAP funding (Moraine Avenue widening, Mary’s Lake Road intersection upgrades, etc.) We applied for more FLAP funding to add an additional lane, sidewalks and bike lanes on Moraine from Crags up to Mary’s Lake Road, near the park entrance. The application was ranked very high, but not funded due to ongoing controversy over the Loop. The committee would reconsider funding after successful implementation of the first FLAP grant. The allocation committee would not allocate funds amidst doubts of the community’s commitment to bring a project to successful completion. o We may be obligated to consummate the purchase of the properties that have received official offers on their properties prior to the withdrawal of the Town from the project. At this point, this would cost around $500,000. • Loss of funding for flood mitigation associated with the Loop o Loss of flood mitigation benefit on Big Thompson River provided by channel widening. This work will eventually need to be completed if we are to address flood mitigation in the downtown and reduce the impact of the new floodplain maps and costs to property owners. We would have to find other funding (and sources of local match funds) for these flood mitigation projects. o Loss of funding for the replacement of the Ivy Bridge, one of several bridge replacements needed to mitigate future flood damage to downtown. • Impact to property owners along the route 20 o Right of way acquisition: CDOT would halt this effort immediately. Property owners in the active acquisition process would be put in limbo with possible additional hardships. Some offers are out to owners right now. o Several of these properties would likely have further hardships once FEMA adopts the new flood insurance risk maps with the loss of market value to their properties. Future purchase offers, whether in private transactions or as part of some future flood mitigation effort, will likely be at the future market value and less than current offers. o Several property owners are currently anxious to sell their properties. These are difficult properties to market and will be more difficult with the new floodplain maps. Delays or cancellation of the project will create a substantial financial hardship for these property owners • Documented NEPA Decision: Walking away from an Environmental Assessment with a “Finding of No Significant Impact” (FONSI) that included an extensive alternative analysis process could stunt any other related roadway transportation projects in the downtown area for the foreseeable future. The Loop is a documented and approved project that identified a preferred build alternative with the fewest environmental impacts. It may be difficult to receive approval of a different road project with greater environmental impacts, particularly on 4(f) resources (parks and historic resources). This concern would only pertain to federal funding associated with future transportation projects. • Continuation of unsafe traffic operations and loss of project improvements to the unsafe intersection of Crags Drive/Moraine Avenue/Riverside Avenue at the Donut Haus. • Loss of trail and waterfront accessibility improvements to Big Thompson River along Riverside Park. • Loss of sidewalk and bicycle linkages between downtown and the Piccadilly Square area. • Continuation of poor pavement condition on Elkhorn Avenue and Moraine Avenue due to scarcity of CDOT funding for repairs. The Town declining available and allocated federal dollars for the improvements, including repaving of Moraine and Elkhorn, will adversely impact the likelihood of CDOT allocating other regional transportation dollars to improvements on these roads. • Continuation of poor traffic signal performance at both the Moraine Avenue and Riverside Drive intersections due to outdated and unreliable traffic signal hardware. • Loss of new traffic signal control to reduce pedestrian/auto conflicts at the Riverwalk crossings of Moraine and Riverside Avenues. There are some less tangible implications, as well. This has been a difficult and complex project that required the Town to work closely with CDOT and Central Federal Lands. Not only have these agencies committed substantial funds to this project, which we will have to reimburse them for, they have committed considerable staff time and effort working in a good faith partnership with the Town toward a successful project. Backing out after nearly 5 years of work on the project would cause substantial damage to our credibility with our partners and 21 become a major consideration when the Town attempts to apply for funding for any future transportation projects. Lastly, if we decide it is in the best interest of the Town not to proceed with the Loop, we will continue to face the original issues of noise, air pollution, and decreased free shuttle reliability and emergency response time downtown due to growing traffic congestion from increased population in the north Front Range of Colorado. Please let me know if you have any questions. 22 TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Town Administrator Lancaster Date: 6/12/2018 RE: Review of Policy 107 Public Posting of Town Board E-mail PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION x OTHER______________ QUASI-JUDICIAL YES x NO Objective: Policy 107 regarding Public Posting of Town Board E-mail was scheduled for review in March of 2018. Due to the possible turnover in the Board with the April election, the Board decided to table this review until after the new board had been seated. All policies are reviewed on a periodic basis to insure their continued applicability and effectiveness. Present Situation: The current adopted policy states that all incoming and outgoing e-mail from the trustees and mayor are posted to a public website for public review. There are certain exceptions, as delineated in the Colorado Open Records act. In addition, the current policy allows an individual trustee to opt out of having their e-mails posted for public review. Now that this policy has been in place for just over a year, there are a few adjustments that staff is suggesting for Board consideration. Proposal: 1. Reconsideration of the opt out provisions in the policy – Current policy requires each trustee to opt into having their e-mails posted. Staff is presenting two alternative options for board consideration a. Option 1 – Rather than having to actively opt in to the posting, trustees e- mails will be automatically posted, unless the trustee opts out in writing. b. Option 2 – Removal of the opt-in/ opt-out option. All appropriate trustee e- mails will be posted on the website. 2. Addition to Section 5 (f), to include excluding e-mail from any attorney providing legal advice to the Board, not just the Town Attorney. 3. Section I – Clarification of the situations where a posted e-mail may be removed from public view by Town staff. a. Limiting removal to only these circumstances 23 b. 5 (i) 2 – Remove the judgement of what is “false” information from the criteria. Also recommend that the Board discuss with the Town Attorney at this study session if the “libelous” criteria contained in a third parties e- mail should be cause for removal. c. Addition of four additional criteria for removing an e-mail from the public posting. Advantages:  Increased transparency with the public of Board activities  Clarifies under what circumstances staff may remove e-mails from public disclosure  Build and reinforce public trust  All Trustee e-mails are treated equally, should the opt-out option be removed Disadvantages:  With limiting circumstances where e-mails can be removed, some e-mails deemed as less favorable, may remain for public view  Some Citizens may be reluctant to contact their elected officials if they know their e-mails will be published on the web.  Full transparency may stifle some frank discussion via e-mail  Trustees could loose the option to opt out of e-mail disclosure Action Recommended: None – discussion only. Finance/Resource Impact: None Level of Public Interest High Attachments: Redlined version of Policy 107 24 Board Email DRAFT Revisions DRAFT REV 1 Town of Estes Park, Town Board Policies Effective Period: ongoing Review Schedule: Annually - March Effective Date: References: Policy Governance 1.2 TOWN BOARD POLICY 107 Public Posting of Town Board E-mail 3. PURPOSE To provide the highest level of transparency and ease of access to the general public of all public record emails generated by Town Trustees. 4.APPLICABILITY This policy shall apply to the incoming and outgoing emails of the Board of Trustees, including the Trustees, Mayor and Mayor Pro-Tem, who exercise, at their discretion, public posting of their emails. This policy shall apply to the incoming and outgoing emails of the Board of Trustees, including the Trustees, Mayor and Mayor Pro-Tem, who exercise, at their discretion, public posting of their emails.. 5.PROCEDURE a.Board members wishing to participate in having their e-mails posted on the Town Website must first notify the Town Clerk, in writing or by e-mail. b. Any Board member wishing to cease the posting of their e-mail on the Town website may do so at any time by notifying the Town Clerk in writing or by e-mail. c.Board members wishing not to participate in having their e-mails posted on the Town Website must first notify the Town Clerk, in writing or by e-mail. d. Any Board member wishing to cease the posting of their e-mail on the Town website may do so at any time by notifying the Town Clerk in writing or by e-mail. Commented [FL1]: Current Policy Commented [FL2]: Option 2 Commented [FL3]: Current policy Commented [FL4]: Option 1 25 Board Email DRAFT Revisions DRAFT REV 1 Town of Estes Park, Town Board Policies a.Board members wishing to participate in having their e-mails posted on the Town Website must first notify the Town Clerk, in writing or by e-mail. b. Any Board member wishing to cease the posting of their e-mail on the Town website may do so at any time by notifying the Town Clerk in writing or by e-mail. c.A copy of any email sent to or by a member of the Town Board will be automatically posted to a page accessible through the Town website for a period of one year. These emails may be accessed at www.estes.org/boardemails. d. Public addresses contained in the to/from/bcc/cc fields will not be posted. However, all information contained in the body of any email to Board members will become public, including any personal information added by the user. e.Emails will not be publicly posted when the subject line contains any of the following terms: i.Private ii.Confidential iii.Work Product iv.Personnel v.Personal f.Emails which include the Town Attorney’s email address in any location of the email will not be publicly posted. Emails to or from other attorneys working on behalf of the Town will not be publicly posted. g. Any emails which are not public record or are not allowed to be publicly inspected pursuant to the Colorado Open Records Act or any other State or Federal legislation or regulation, will not be posted h.Requests to remove and e-mail as outlined in section h below, should be directed to the Town Clerk, Public Information Officer or Town Administrator i.Posted emails may be removed by the Town only under the following circumstances: 1.Posted emails, which upon review, are not public record or not allowed to be physically inspected under the Colorado Open Records Act or any other State or Federal legislation or regulation. 2.Emails that contain obscene or, libelous or false information. 3.Any constituent may request removal of posted emails because the constituent expected that the email would be confidential or was a personal or private matter. 4.Any Trustee or the Mayor may request removal of posted emails because the constituent author of the e-mail expressly informed the Trustee or the Mayor that the author intended that the email would be confidential or was a personal or private matter. Commented [FL5]: Option 2 26 Board Email DRAFT Revisions DRAFT REV 1 Town of Estes Park, Town Board Policies 5.E-mails that are not related to town business or town activities. 6. E-mails that contain confidential town information that should not be disclosed on the internet, such as town purchase confirmations containing credit card information, purchase order numbers or other information that if disclosed would pose a security or financial risk to the Town. 7. E-mail containing suspected malware or viruses. 3. j.Emails posted to the site are not monitored real-time. The Town of Estes Park is not responsible for the content of emails sent by users. Approved: _____________________________ Todd Jirsa, Mayor Formatted: No bullets or numbering 27 28 TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Town Administrator Lancaster Date: 6/12/2018 RE: Renewal of Local Marketing District PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION x OTHER______________ QUASI-JUDICIAL YES x NO Objective: To give staff direction on the Board’s intent to continue or dissolve the Local Marketing District. Present Situation: Section 7.1 of the INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT, between the Town of Estes Park and Larimer County, states: “The District shall remain in effect until and unless on or before July 1 of any calendar year, either the Town or County provides written notice to the other of its intent to terminate this Agreement. IN such event, the District shall automatically terminate on December 31 of the year in which such notice is given” Proposal: Discussion item only Advantages:  n/a – for discussion only Disadvantages:  n/a for discussion only Action Recommended: None – discussion only. Finance/Resource Impact: Dissolution of the LMD would also sunset the LMD bed tax which currently generates over $2 million annually for marketing the area. Level of Public Interest High 29 30 June 14, 2018  Joint Study Session with Estes Valley Planning Commission Larimer County Commissioners June 26, 2018  Discussion of Business License Fees  Review of Policy 103 – Town Board Code of Conduct and Operating Principles July 10, 2018  Annexation of Fawn Valley July 24, 2018  Update on Dry Gulch Workforce Housing Project  Discussion of Stormwater Utility September 11, 2018  Quarterly Update on Downtown Estes Loop Project October 9, 2018  Review of VEP Operating Plan December 11, 2018  Quarterly Update on Downtown Estes Loop Project  Final Review of Strategic Plan Items Approved – Unscheduled:  Building Code Changes to Facilitate Redevelopment  Revisit Policy 402 Regarding Fee Waiver Requests Items for Town Board Consideration:  Discussion of Modification of Flood Plain Ordinance to Utilize Best Available Flood Zone Data  Discussion of Removing 500 Foot Limit for Liquor Licenses  Benefits of Roundabouts Future Town Board Study Session Agenda Items June 12, 2018 31 32