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HomeMy WebLinkAboutPACKET Town Board 2018-01-09The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 9, 2018 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated December 12, 2017 and Study Session dated December 12, 2017. 2. Bills. 3. Committee Minutes. A. Audit Committee Minutes dated December 14, 2017. 4. Estes Valley Board of Adjustment Minutes dated December 5, 2017 (acknowledgement only). 5. Family Advisory Board Minutes dated December 7, 2017 (acknowledgment only). 6. Parks Advisory Board Minutes dated November 17, 2017 (acknowledgement only). 7. Transportation Advisory Board Minutes dated November 15, 2017 (acknowledgement only). 8. Resolution #31-17 – Fair Housing (Continued from December 12, 2017 meeting). 9. Resolution #01-18 – Public Posting Area Designation. Prepared 12/29/17 * Revised 01/05/2018 * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 10. Resolution #02-18 Setting the Public Hearing date of January 23, 2018 for a New Beer & Wine Liquor License filed by Trendz at the Park, 100 E. Elkhorn Avenue, Estes Park, CO 80517 2. ACTION ITEMS: 1. APPROVING AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN COLORADO REGIONAL TOURISM AUTHORITY (NCRTA). Town Attorney White. 2. AWARD AUDIT CONTRACT FOR THE YEARS ENDING DECEMBER 31, 2017 THROUGH DECEMBER 31, 2021. Director Hudson. 3. APPOINTMENTS TO THE COUNTY REGIONAL TRANSPORTATION TASK FORCE. Town Administrator Lancaster. 4. CHANGE TO FAMILY ADVISORY BOARD FOCUS AREA. Assistant Town Administrator Machalek. 3. REQUEST TO ENTER EXECUTIVE SESSION: For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions – Section 24-6-402(4)(b), C.R.S. 4. ADJOURN. * Town of Estes Park, Larimer County, Colorado, December 12, 2017 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 12th day of December, 2017. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: 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. AGENDA APPROVAL. It was moved and seconded (Walker/Holcomb) to approve the Agenda with the continuation of Planning Commission Action Item 3.1.E to the January 23, 2018 Town Board meeting, and it passed unanimously. PUBLIC COMMENTS. Gordon MacAlpine/Town citizen and Tom Street/County citizen spoke to the Platte River Power Authority (PRPA) net zero presentation at the study session. They commended PRPA on the completion of the study; however, they encouraged them to continue to evaluate the process and cost to move to net zero carbon by 2030 because the industry continues to change rapidly, such as the advancements in battery technology. The production costs are estimated to increase at this time by 30% by 2030, with an increase of 5% to the average customer. Susan Wolf/County citizen stated the Senior Citizen Inc. Board meet to discuss keeping the current center open after the Community Center opens because some programming such as Silver Sneakers would not be offered at the Community Center. The Senior Center Inc. Board has requested the Town lease the current facility to them to operate. Karen Cherman/Town citizen stated there has been no communication with the neighborhood on the possible workforce housing development on the Town owned Fish Hatchery property. She would advocate the Town involve the neighborhood in discussion before the development of workforce housing. Charley Dickey/Town citizen supports the airing of study session meetings to provide the public with information on topics discussed by the Board. He questioned the adoption process for the Downtown Plan. He stated there was a lack of public engagement in the meetings held to develop the plan. He commented the Planning Commissioners did not attend the public meetings and there was little input provided by the Commissioners. The Downtown Plan should tie into the development of a new Comprehensive Plan. TOWN BOARD COMMENTS Trustee Norris informed the Board and citizens the Estes Valley Planning Commission December 19, 2017 meeting was cancelled. The Family Advisory Board (FAB) completed the community resource guide and proposed childcare as the 2018 focus area. The FAB DRAFT Board of Trustees – December 12, 2017 – Page 2 would utilize the childcare survey results to develop items for the Town Board’s consideration. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 28, 2017. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Board of Adjustment Minutes dated November 7, 2017 (acknowledgement only). 5. Family Advisory Board Minutes dated November 2, 2017 (acknowledgment only). 6. Estes Park Board of Appeals Appointment. a. Amy Plummer, replacing John Spooner, term expiring on December 31, 2019. 7. Parks Advisory Board Appointments. a. Geoffrey Elliot, replacing Celine Lebeau, term expiring on December 31, 2019. b. Wade Johnston, for a 3-year term expiring December 31, 2020. c. Merle Moore, Reappointment, 3-year term expiring December 31, 2020. 8. Resolution #31-17 – Fair Housing. Request to continue to January 9, 2018. 9. Revisions to the Federal Transit Administration Title VI Plan. 10. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development for Fish Hatchery Workforce Housing Project. Manager Landkamer. 11. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development Group for Dry Gulch Workforce Housing Project. Manager Landkamer. Mayor Jirsa removed Consent Agenda Items #10 and #11 for discussion. It was moved and seconded (Norris/Holcomb) to approve the Consent Agenda Item 1- 9, and it passed unanimously. Consent Item 10 - Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development for Fish Hatchery Workforce Housing Project. Consent Item 11 - Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development Group for Dry Gulch Workforce Housing Project. Manager Landkamer reviewed the process used to receive proposals from potential developers to develop a workforce housing development on the Town owned Fish Hatchery property. The Town received three (3) proposals which were evaluated by a subcommittee utilizing a scoring matrix providing an assessment of the team/experience, schedule, collaborative community effort, programming/design, financing/operating strategy and other unique attributes. AmericaWest received the highest score and it was unanimously agreed by the subcommittee to recommend the DRAFT Board of Trustees – December 12, 2017 – Page 3 company to the Town Board. The Exclusive Negotiation Agreement with AmericaWest and Prairie Fire Development Group would be to create a Collaborative Community Effort (CCE) process, with the intent to develop workforce housing for the 60 – 150% of the Average Median Income (AMI). Keith Meyer/AmericaWest and Kelly Hrabe stated the process would include a number of public meetings to develop a proposal for the Town Board’s consideration. Mr. Hrabe commented there are a number of decisions that need to be addressed, including the type of housing to be developed. The groups would utilize local contractors and suppliers to gain local input. Trustee comments were summarized: Trustee Norris stated the development proposal would go through the normal development process to receive approval prior to development; Trustee Walker commented AmericaWest’s proposal was the best solution submitted; and Trustee Martchink voiced concern with the funding mechanism for the project, questioned ownership of the property, would there be deed restrictions, and would a large component be rentals. Administrator Lancaster stated the income target market needs to be identified because Low Income Housing Tax Credit (LIHTC) funding can only be used to develop low income housing. The Town has a need for higher income housing at or near 150 AMI, therefore, funding could be a challenge for the project. Frank Theis/County citizen and C3 proposal member stated the large market driven project would have significant impact to the community. He questioned if the proposals could be made public to see the scope of the projects being discussed. Art Messal/Town citizen commented no one knows about the project and a strategy has not been developed. He stated the project should be stopped until a plan can be developed. It was moved and seconded (Walker/Holcomb) to approve Consent Agenda Item #10, and it passed unanimously. Trustee Walker recused himself as a neighbor to the property. It was moved and seconded (Holcomb/Nelson) to approve Consent Agenda Item #11, and it passed unanimously. 2. REPORTS & DISCUSSION ITEMS: 1. ESTES PARK HOUSING AUTHORITY. Executive Director Kurelja stated EPHA recently purchased the Lone Tree apartments from the Loveland Housing Authority. She stated the property was donated by the Town to the Loveland Housing Authority who built the units in 1995. EPHA has managed the property over the years. EPHA has added William Pinkham, Pete Smith and Julie Abel to the Board. In 2016 a small four-plex was purchased on a large lot off of Hwy 7. The Authority plans to build 26 additional units on the site with a Development Plan to be submitted in early 2018. The development would be workforce housing and would therefore not be built utilizing federal funds. Deed restrictions would be used to ensure the units are utilized for workforce housing only. Director Kurelja announced her retirement at the end of the year and introduced her successor Naomi Hawf. 3. PLANNING COMMISSION ITEMS: 1. ACTION ITEMS: A. APPEAL RAVEN ROCK TOWNHOMES DEVELOPMENT PLAN, JAMES & SUSAN MACKEY, OWNERS. APPEAL OF ESTES VALLEY PLANNING COMMISSION DECISION OF DP-2017-07 ON NOVEMBER 14, 2017. Mayor Jirsa opened the public hearing. Director Hunt stated the Estes Valley Planning Commission denied Development Plan 2017-07 at their November 14, 2017 meeting. The property owners filed an appeal of DRAFT Board of Trustees – December 12, 2017 – Page 4 the decision with the Town Clerk on November 15, 2017 and an amended appeal on November 30, 2017. Planner Gonzales reviewed the application to develop the Raven Rock Townhomes development consisting of 38 two-family units on approximately 10-acres. Staff recommended approval of the Development Plan at the September 19, 2017, October 17, 2017 and the November 14, 2017 Planning Commission meetings. Four options were presented to the Town Board, including denial, approval, approval with conditions, or continue the appeal to a date certain. Attorney White reviewed the legal issues related to the use of Comprehensive Plan to deny a development plan. He stated Comprehensive Plans have been viewed as advisory and up held as such by the Colorado Supreme Court with the exception of the Condor case. The Court has also acknowledged the general provision of a Comprehensive Plan could not be used to deny a development plan. Overall Comprehensive Plans have a clouded judicial review. The adoption of the Estes Valley Development Code and zoning map was determined to be consistent with the goals, objectives and policy outlined in the Comprehensive Plan. Director Hunt stated Comprehensive Plan are developed to provide a vision for the community and incorporate the vision into the local codes, i.e. Estes Valley Development Code (EVDC). The Plan contains words and text that are not compatible with the development code language. He addressed issues related to the deficiency of public notice for the Development Plan, stating a notice was mailed to neighbors within 100 feet and a legal notice placed in the local newspaper. Lucia Liley/Attorney for James Mackey stated the Development Plan was denied based on specific land use criteria Attorney White had reviewed with the Planning Commission and stated was not appropriate. The Plan was continued at the first meeting in September 2017 to review drainage concerns with a neighboring property and again at the second meeting in October 2017 to address water drainage on the property. The Planning Commission denied the Development Plan because it did not meet the Comprehensive Plan standards and the Development Plan would set an unacceptable precedent moving forward. The grounds for the appeal are based on the fact the Comprehensive Plan was not intended to be regulatory, the Commission did not site any evidence for the denial as it relates to the EVDC, and the project complies with all applicable provisions of the EVDC. James Mackey/Property owner and developer reviewed the background of the proposed development and stated the plan meets the EVDC review criteria as outlined in Table 4-4 Permitted Uses: Nonresidential Zoning Districts, impervious coverage, density, building height, parking, landscaping and meets all utility requirements. The EVDC does not require open space; however, the project provides approximately 2 acres of untouched and an additional 2 acres for the detention ponds out of 10 acres. Stormwater and drainage has been a significant issue during the review of the development. Three detention ponds have been added to the development and a berm has been added to direct stormwater flow away from the neighboring properties and the development. Those speaking against the Development Plan: Rebecca Urquhart/Town citizen, Matthew Gordon/Town citizen, Dawn James/Town citizen, Richard James/Town citizen, Michael Kelty/Town citizen, Michelle Hiland/Town citizen, and Art Messal/Town citizen. The Supreme Courts decision on the Condor case clearly stated the Development Code must comply with the Comprehensive Plan. The EVDC states it shall comply with the DRAFT Board of Trustees – December 12, 2017 – Page 5 Comprehensive Plan which makes it binding. The lack of sufficient notice to the neighbors was not provided for during the annexations process which allowed the Development Plan to move forward. The developer was required to demonstrate compliance with the Comprehensive Plan and to adhere to the Plan. The Planning Commission found the Development Plan did not meet the requirements of the Comprehensive Plan. The appeal must demonstrate the Planning Commission was arbitrary and capricious in their decision in overturning their decision. The community does not need additional vacation home units. The process has been broken since the review of the Lazy B and should be addressed. Jon Nicholas/EDC Director stated the Comprehensive Plan designated the area for accommodations. The drainage way between Marys Lake and Fish Creek should be protected and the proposed development would not impact the drainage way. He stated the Town could have a reverse condemnation action and be required to purchase the property if the Planning Commission decision is upheld. Lucia Liley/Applicant attorney reiterated the Comprehensive Plan should be used as a vision for the community and the Development Code regulations should be used to make land use decisions. The Planning Commission denial did not outline reasons or specific areas of the Comprehensive Plan or the EVDC in which it did not comply. Board comments were summarized: the Planning Commission lacked findings for the denial, the laws of Estes Park need to be followed, the Development Plan follows the EVDC, the application would be a use by right, the Comprehensive Plan and the EVDC contain contradictions, the Comprehensive Plan should not be used to handcuff developers and to be manipulated to allow only certain types of development, the two documents are suppose to be used to protect the neighbors, and the Comprehensive Plan needs to be reviewed. Mayor Jirsa closed the public hearing. It was moved and seconded (Holcomb/Koenig) to approve the Raven Rock Development Plan (DP 2017-07) on appeal from the Planning Commission’s denial of same on November 14, 2017, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards), and it passed unanimously. It was moved and seconded (Nelson/Norris) to continue the meeting past 10:00 p.m. to complete the agenda, and it passed unanimously. B. PRELIMINARY TOWNHOME SUBDIVISION PLAT, RAVEN ROCK TOWNHOMES, METES & BOUNDS PARCEL, TBD PROMONTORY DRIVE, JAMES & SUSAN MACKEY, OWNERS. Mayor Jirsa opened the public hearing. Planner Gonzales stated the 10-acre A-Accommodations zoned property was annexed in 2017. The application proposed 19 duplex buildings with 38 individual platted townhome lots, three Outots, and three detention ponds. The application aligns with the Comprehensive Plan Future Land Use Map, does not maximize the allowed density, and provides additional accommodation units. Estes Valley Planning Commission recommended denial of the subdivision application at their November 14, 2017 meeting. Mayor Jirsa closed the public hearing. It was moved and seconded (Norris/Walker) to approve the Raven Rock Preliminary Townhome Subdivision, and it passed unanimously. C. ORDINANCE #33-17 - REZONING FROM E-ESTATE TO RM- RESIDENTIAL MULTI-FAMILY, LOT 20 LITTLE PROSPECT MOUNTAIN ADDITION, 260 STANLEY AVENUE, MICHAEL & CYNTHIA KINGSWOOD, OWNERS. Mayor Jirsa opened the public hearing. Planner DRAFT Board of Trustees – December 12, 2017 – Page 6 Gonzales reviewed the application to rezone the lot from E-Estate to RM- Residential Multi-Family to develop the property as attainable housing utilizing the density bonus with four (4) workforce housing units. The Estes Valley Planning Commission recommended the rezoning at their November 14, 2017 meeting. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Norris/Holcomb) to approve Ordinance #33-17 to rezone Lot 20, Little Prospect Mountain Addition from E-Estate to RM-Residential Multi- Family, and it passed unanimously. D. SUBDIVISION FINAL PLAT - ESTES PARK RESORT, LOT 1, LAKE ESTES 2ND ADDITION, 1700 BIG THOMPSON AVENUE, ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC/OWNER. Mayor Jirsa opened the public hearing. Planner Gonzales reviewed the application to replat the area as a Townhome subdivision with a total of 33 lots and one Outlot to create 32 townhome sites and one lot to be retained for hotel use. The Board of Adjustment approved a variance to allow structures to encroach into the 50-foot wetland setback by up to 25-feet. The application also consists of a Development Agreement between the property owner and the Town to transfer density between Lot 33 and Lots 1-32 and Outlot A, and a transfer of impervious coverage from Lots 1-32 and Outlot A to Lot 33. Through the review process, staff noted the label of the plat needs to be updated to match that of the preliminary plat. Jes Reetz/Cornerstone stated the overall development of the project does meet the density and impervious coverage of the Development Code. A neighborhood meeting was held and found most were in favor of the development over the development of another large hotel. A landscaping buffer would be included between the development and the properties to the west. Mayor Jirsa closed the public hearing. It was moved and seconded (Holcomb/Koenig) to approve Estes Park Resort Final Plat with the recommended condition by staff, and it passed unanimously. E. ORDINANCE 34-17 – AMENDING THE ESTES VALLEY DEVELOPMENT CODE CHAPTER 13 §5.4 & §3-17, REGARDING OUTDOOR MOBILE FOOD VENDORS & VENDING PERMITS. Item continued to the January 23, 2018 Town Board meeting at the request of staff. 4. ACTION ITEMS: 1. 2018 CONTRACT WITH HOST COMPLIANCE FOR VACATION HOME SERVICES. Director Hunt and Code Enforcement Officer Hardin reviewed the 2018 contract with Host Compliance, stating the contract scope of services would continue to include monitoring of advertising and marketing of vacation homes, monitoring unauthorized vacation homes, and providing a 24-hour complaint/question hotline. A number of services purchased in 2017 have not been utilized and have been removed from the proposed 2018 contract, therefore, the 2018 contract cost have been reduced 40% to $28,508. The Town’s IGA with Larimer County calls for the County to by 50% of the contract annually. It was moved and seconded (Walker/Norris) to approve the “Host Compliance Software and Services Agreement” for a term of January 1, 2018 through December 31, 2018, and authorize the Mayor and Clerk to sign the Agreement, and it passed unanimously. 2. RESOLUTION #32-17 - 2017 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director Hudson reviewed the final budget amendments to the 2017 budget including a net decrease in General fund of $246,384, an increase of $202,859 to the Community Reinvestment fund, an increase of $302,875 to the Street fund, a net decrease of $880,924 to the Light and Power fund, $256,390 to the Water DRAFT Board of Trustees – December 12, 2017 – Page 7 fund, and $129,000 increase to the Vehicle Replacement fund. It was moved and seconded (Walker/Holcomb) to approve Resolution #32-17 appropriating additional sums of money for the Town of Estes Park for the budget year ended December 31, 2017, and it passed unanimously. 3. CAPITAL IMPROVEMENTS PLAN 2018-2022. Assistant Town Administrator Machalek presented the 2018 – 2022 Capital Improvement Plan (CIP) and stated all CIP projects were incorporated in the 2018 budget with the exception of the Downtown Estes Loop (Town portion) project. The project has encumbered funds which would be rolled over from the 2017 budget in early 2018. The approval of the plan would not provide spending authority or directly allocate any resources. The plan would be used to recognize future needs and prioritize spending. The CIP process would be transferred to Finance to manage and update moving forward. It was moved and seconded (Holcomb/Norris) to approve the 2018-2022 Capital Improvement Plan, and it passed unanimously. 4. AGREEMENT REGARDING EXERCISE OF RIGHTS OF FIRST REFUSAL TO ACQUIRE FUTURE WINDY GAP WATER UNITS FROM PLATTE RIVER POWER AUTHORITY. Attorney White provided a review to the 1974 assignment of Windy Gap water rights to Platte River Power Authority (PRPA) for power generation. In 2017, PRPA determined to sell 23 of the 160 units provided by the municipalities of the Windy Gap water as they would not be needed for future power generation. The process utilized to do so raised questions, therefore a formal process has been developed for future sales. The agreement provides for a Notice by PRPA of the proposed Windy Gap transfer with a third party; procedures for protecting any confidential information with regard to the transfer; exercise or waive each municipality’s right of first refusal; and joint exercise of each municipality’s right of first refusal in the event that two or more municipalities wish to exercise their right of first refusal. Staff recommended approval of the agreement. It was moved and seconded (Holcomb/Koenig) to approve the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority, and it passed unanimously. 5. BRODIE AVENUE IMPROVEMENTS CONSULTANT CONTRACT, AWARDED TO DREXEL, BARREL & CO. Engineer Stallworth presented a professional services contract with Drexel, Barrell & Co. to prepare the design bid documents for pedestrian improvements to Brodie Avenue. These improvements would provide safe routes to school and provide a connection of the Community Drive and Fish Creek trails. The contract would also include the evaluation of Brodie Avenue pavement condition to determine if full replacement of the asphalt would be needed, evaluate the on-street parking and traffic patterns, and design needed drainage improvements in the area. Public Works issued an RFP in November 2017 and received seven (7) responses. After evaluating the response it was determined Drexel, Barrell & Co. had a thorough knowledge of the design issues of the project and offered a detailed approach to improve the roadway and extend the trail. The firm has also utilized and successful completed Colorado Safe Routes to School (CSRTS) funding. Public Works has applied for a CSRTS grant for construction of the improvements, and if not awarded 1A Trail Expansion funds would be utilized to fund the trail connection work in 2018. It was moved and seconded (Holcomb/Norris) to award the professional services contract for design of Brodie Avenue Improvements DRAFT Board of Trustees – December 12, 2017 – Page 8 to Drexel, Barrell & Co. for a cost not to exceed $70,000, and it passed unanimously. 6. ORDINANCE #35-17 TOWN BOARD COMPENSATION. Mayor Jirsa opened the public hearing. Town Clerk Williamson stated the Town Board requested staff compile data on compensation from the market utilized to assess the employee compensation annually. The Clerk’s staff provided data on compensation, population of the municipalities, and their operating budgets for the Board’s review. Staff determined the midpoint for each of the positions on the Board where as follows: Mayor - $11,000, Mayor Pro Tem $7,000 and Trustee $7,200. The Mayor Pro Tem tends to be lower because a majority of the municipalities do not compensate the position differently than other Trustees. It was recommended the Board consider increasing the salaries for those Board members newly elected in 2018 to $11,000 for Mayor, $9,000 for Mayor Pro Tem, and $8,000 for Trustees. Art Messal/Town citizen supported an increase in compensation for the Board and recommend $1,000 a month ($12,000 per year) be considered for Trustee in order to have a tangible impact. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Walker/Koenig) to approve Ordinance #35-17, and it passed unanimously. 7. RESOLUTION #33-17 SETTING THE APRIL 3, 2018 MUNICIPAL ELECTION. Town Clerk Williamson presented Resolution #33-17 setting the regular Municipal Election for April 3, 2018 and assigning the Town Clerk as the Designated Election Official (DEO) for the election. It was moved and seconded (Holcomb/Nelson) to approve Resolution #33-17, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 10:39 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk DRAFT Town of Estes Park, Larimer County, Colorado December 12, 2017 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 12th day of December, 2017. Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Nelson, Norris and Walker Attending: All Also Attending:Town Administrator Lancaster, Assistant Town Administrator Machalek,Town Attorney White, Director Bergsten and Recording Secretary Beers Absent: None Mayor Jirsa called the meeting to order at 5:00 p.m. FINAL REVIEW OF 2017 STRATEGIC PLAN. Administrator Lancaster reported on progress, completion of objectives and projects placed on hold in the 2017 Strategic Plan. He stated staff utilized the information as a guideline for priorities when drafting the 2018 budget. Major project priorities included sidewalks and trail connectivity, and development of a Financial Reserve policy. Strategic plan maps would be updated and posted on the website and distributed to the public. DOWNTOWN PLAN FINAL DRAFT DISCUSSION. Planner Gonzales introduced consultants Noré Winter and Nicholas Difrank with Winter and Company, and Steve Lane with BASIS Architecture. Mr. Winter highlighted key features of the plan and an overview of the process. The plan would extend from Elkhorn Lodge to Stanley Village and Piccadilly Square and properties flanking Elkhorn and Moraine. The plan would be a policy document setting a long-term plan and alternatives as a guide for future investment for the public and private sectors and provides an implementation strategy. He added the plan would not dictate specific outcomes, commit the community to specific projects, create construction documents or change regulations. Plan concepts were targeted to benefit and serve everyone. He stated they are nearing the final stages of development of the plan and with Board direction would move into the implementation stage targeted for early 2018. The process involved the Downtown Plan Steering committee’s feedback on issues and concepts and involved the public through community workshops, an onsite work session, focus group meetings, and comment forms and surveys. The plan concept is portrayed in a series of maps which highlight concept framework and areas of opportunity for enhancement and the potential to address flood mitigation. The plan outlines a cooperative opportunity to expand a parkway around Performance park which could act as an amenity and flood mitigation device. The plan included technical aspects where intersection improvements could occur. Mr. Winter reviewed the flood mitigation plan overview which included three levels of consideration at the regional, Town and property levels. The implementation chapter recommended organizational improvements. Monies generated could leverage grants for more ambitious projects. He stated the next steps would be collecting final comments, preparation of a memo to the Board, outline final changes and adoption. Trustee Norris questioned if staff has a plan in place to receive public comment and apply comments to the plan. Planner Gonzales stated staff would update the website to collect comments. DRAFTBeBe .Fgress, completion of objeccompletio an. He stated staff utilizedated s the 2018 budget. Major phe 2018 budget. Ma and de development of a velopment of a pdated andand posted on the wsted on the w AL DRAFT DISCUSSIONAL DRAFT DISCUSSRAoducedduceconsultants nsultants NorNoré é W Steve Lane with BASve Lane with BASIISS plan and plan and anan overview of ov e to Stanley Village and Pie to Stanley Village an e. The plan e. Th would bewould be aa s as a guide for future s as a guide for fu mplementation strmplementation s mit thmit the commue commu s. Plan cs. Plan c inging Board comments were heard and have been summarized: questioned the level of public interest and involvement throughout the process; if multi-generational input was received, and if the plan had gained the attention or interest of architects, business people or planners. ZERO NET CARBON (ZNC) STUDY RESULTS. Director Bergsten introduced Brad Dekker, Dave Smalley, and Andy Butcher with Platte River Power Authority (PRPA). Mr. Butcher provided a background on the founding of PRPA. In July 2017, the PRPA Board contracted with Pace Global to provide an independent assessment of the feasibility of PRPA achieving and maintaining a ZNC generation supply portfolio by 2030 with the principal change being the reduction in coal capacity. Michael Mount and Paul Sharpe with Pace Global were introduced and presented an overview of the analysis. A ZNC plan would use carbon emitting resources and counter the emission by utilizing more zero emitting resources to offset any carbon produced. Pace Global used the PRPA Integrated Resource Plan and researched transitioning existing resources to the ZNC portfolio by 2030 and investigated the least-cost means of meeting ZNC production. Five steps were established in the study: 1. Define the “market” carbon emission rate. 2. Assume an initial renewable energy requirement as a percent of load. 3. Determine the least-cost portfolio that meets PRPA’s defined reserve margin requirements (15%). 4. Determine if ZNC requirement is met in 2030 and beyond. 5. Adjust renewable energy requirements as a percent of load and repeat steps 3 and 4 until the ZNC requirement is met. Based on the plan, carbon production would drop by 2030 and the carbon accounting methodology estimated the over production of renewable generation and exporting resources achieves a net reduction in the carbon market for Colorado. Continued use of combined cycles and combustion turbines were determined to be the least cost option. Overall the plan would put in 600mw of solar, 350mw of wind and 286mw of gas fired turbine. He stated between the IRP and the carbon neutral plan there would be a 20% increase in cost expected for individual years and an 8% increase over the life of the study. Board comments were heard and have been summarized: if sensitivity analysis has been conducted on the effects of fuel prices or carbon regulatory prices; whether zero carbon can be met; the method of distributing the information to the public; the need for transmission and costs, and whether customers have the ability to elect solar and wind services. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Martchink requested a review of vacation home rental licensing fees due to public interest. Trustee Nelson commented other communities license vacation homes for a portion of the year for homeowners who rent properties for shorter periods of time. The Board requested staff conduct the research and expand the criteria to include business licensing fees. FUTURE STUDY SESSION AGENDA ITEMS. None. There being no further business, Mayor Jirsa adjourned the meeting at 6:47 p.m. Bunny Victoria Beers, Recording Secretary as a percent of loadas a percen s PRPA’s defined resers PRPA’s define 030 and beyond.030 and bey s as a percent of load andas a percent met. n would would drop by 2030drop by 203 and production of renewable duction of renewable on in the carbon market foe carbon market stion turbines were determstion turbines were determ in 600mw of solar, 350min 600mw of solar een the IRP and the carboeen the IRP and the ca cted for individual years ated for individual years a ents were heard and haveents were heard and cted cted on the effects of fueeffects of fue be met; the method of be met; the metho and costsand c , and whed w STST Town of Estes Park, Larimer County, Colorado, December 14, 2017 Minutes of a Regular meeting of the AUDIT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14th day of December 2017. Committee: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb, Town Administrator Lancaster, Assistant Town Administrator Machalek, Finance Director Hudson, Accounting Manager Garcia, Accountant Johnson Attending: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb, Town Administrator Lancaster, Assistant Town Administrator Machalek, Finance Director Hudson, Accounting Manager Garcia, Accountant Johnson, and Town Clerk Williamson Absent: None Chair Jirsa called the meeting to order at 8:00 a.m. REVIEW SWANHORST & COMPANY LLC REFERENCE CHECKS Director Hudson reviewed the reference checks for Swanhorst & Company. References from the Centennial, Superior and Fountain were completed and no negative comments were received. With the lack of confidence members of the Town Board have demonstrated with the selection of Swanhorst & Company, he suggested the Audit Committee reconsider one of the other audit firms interviewed. An audit firm with the full confidence of the Town Board would serve the Town well. Discussion followed on the credentials of the other audit firms that responded to the Town’s RFP for audit services. Mayor Jirsa requested the Committee consider Anton Collins Mitchell as they were highly recommended by current members and former CPA Board members. Mayor Pro Tem Koenig stated concern with software compatibility and the staff time needed to provide the other audit firms with the information needed to complete the audit and the associated costs. Mayor Pro Tem Koenig questioned the possibility of utilizing Swanhorst for 2018 due to the number of new staff, the need to become familiar with HTE, and the time to convert data for the other audit firms. Mayor Jirsa stated the auditors work for the Board to provide the citizen’s with an assurance of the Town’s finances and practices. The entire Board should have a comfort level with the audit services being provided. Director Hudson commented the Anton Collins Mitchell sent a new employee that was not able to answer questions related to the audit services during the interview, which provided the interview committee with a low level of confidence in the firm. He further stated large audit firms have standard tests which would require manipulation of Town data in order to test the data. Swanhorst was the only company able to use the Town’s data without manipulation to complete the audit. He would not recommend utilizing a firm for one or two years because of the time needed to educate the firm on Town processes. Swanhorst agreed to appoint an auditor who was not familiar with Town processes to oversee the audit. After further discussion, it was agreed staff would contact Anton Collins Mitchell to ensure there would be no major hurdles in selecting the firm, and bring forward the reconsideration of audit services for years ending in December 31, 2017 through December 31, 2021 at the January 9, 2018 Town Board meeting. The Committee also discussion the need to address the implementation of a new financial software program. Staff would add the item to the 2019 Capital Improvement Plan for the Board’s Audit Committee – December 14, 2017 – Page 2 consideration. There being no further business, Mayor Jirsa adjourned the meeting at 8:40 a.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, December 7, 2017 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of Estes Park on the 7th day of December, 2017. Present: Jodi Roman John Bryant Karen Randinitis Laurie Dale-Marshall Maria Jimenez Nancy Almond Rachel Balduzzi Sue Strom Also Present: Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Ron Norris Absent: Marion Stallworth Bin Greer Courtney Hill Acting Chair Roman started the meeting at 3:34 p.m. Public Comment Acting Chair Roman relayed public concern regarding the group maintaining a neutral and positive tone amidst the discussions around the senior center building. The group was encouraged to remember that discussions are public and an adversarial tone would not be beneficial to the work of the Family Advisory Board. Approval of November minutes It was moved and seconded (Dale Marshall/Randinitis) to approve the November, 2017 meeting minutes with corrections to the date and location in the header and the motion passed unanimously. Gap Focus Selection There is consideration of choosing “childcare needs in the community” as a potential gap identified by the Family Advisory Board. This would be the group’s new focus area, replacing “To identify gaps in support services available to families in the Estes Valley”. Trustee Norris further encouraged the group to try to narrow down what exactly is meant by childcare – ages, healthcare, etc., and what is not covered under that topic. Member Roman inquired about the role the Childcare Needs Assessment would play in Family Advisory Board – December 7, 2017 – Page 2 determining that information. Member Bryant confirmed that results should be ready by early January. Member Almond provided an update on the proposal for childcare at the senior center. A task force has been formed and is working on the proposal which will focus on infant/toddler care. There was discussion regarding the other proposals that may be submitted. Assistant Town Administrator Machalek explained the details behind the museum proposal, the feedback that he recently received from Estes Park Senior Citizens, Inc. board, and provided some correction to rumors around the new facility and the transfer of Senior Services to the Estes Valley Recreation and Park District from the Town. The discussion continued regarding extending an invite to the other two groups to speak to the Family Advisory Board on their proposals. In order to determine which option the Family Advisory Board would formally support, members felt it was important to hear from all sides. Assistant Town Administrator Machalek will reach out to the Museum and Chair Greer will reach out to Estes Park Senior Citizens Center, Inc. to invite both groups to present their proposals at the January Family Advisory Board meeting. The group felt it was important to have clear questions to ask which will help determine where the proposals fit with the work of the Family Advisory Board. The two questions will be: 1. How does your proposal impact families in the Estes Valley? 1. What would be the impact on families in the Estes Valley if your proposal is not chosen? There was further discussion on what group/organization would own the proposal for childcare, with it being stressed that the Family Advisory Board would simply make a recommendation, not own any proposal going to the Town Board. Assistant Town Administrator Machalek pointed out that having this organizational gap brings attention to the larger issue of coordinating efforts related to childcare needs in the community and it could be a potential item for the Family Advisory Board to work on. It was moved and seconded to focus on childcare as an identified service gap in the community, with more details to be provided once the Childcare Needs Assessment is complete (Strom/Balduzzi), and the motion passed unanimously. Review of 2018 Town Board Strategic Plan & Consideration of Recommendations There is currently a 5 year goal on the 2018 Strategic Plan for Town to be a catalyst for childcare, with a one year objective of reviewing building and development codes that could help. There was a discussion of large-employer collaborative childcare. Trustee Norris relayed that it would not be something the Town would undertake, only things dealing specifically with building and development codes. Member Bryant asked for clarification on what is being asked of the Family Advisory Board with this discussion. Assistant Town Administrator Machalek clarified that it was requested by a few members that the Family Advisory Board have an opportunity for to weigh in on what they would like to recommend the Town focus on in this area of the strategic plan – Family Advisory Board – December 7, 2017 – Page 3 identify other ways in which the Town could be a catalyst for childcare in the community. Member Bryant then continued the discussion of the gap in ownership of this topic – that there are many groups working on childcare – but no organization that owns the resource in the community. The discussion will continue at future meetings. Acting Chair Roman asked Member Bryant about the previous childcare services offered by the school. Member Bryant confirmed that they used to have free childcare at the school for both school and Town employees, and that the school district is exploring options to reinstate this again. The school has suffered many complications as a result of lack of childcare, including retention and recruitment issues. Next Meeting The next meeting of the Family Advisory Board will take place Thursday, Jan. 4, at 3:30 p.m. in Room 203 at Town Hall. Seeing no further business, Chair Roman adjourned the meeting at 5:26 p.m.       Town of Estes Park, Larimer County, Colorado, November 17, 2017 Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Conference Room of the Estes Park Museum on the 17th day of November, 2017. Present Terry Rustin (via conference phone) Carlie Bangs Vicki Papineau Merle Moore Ronna Boles Also Present: Megan Van Hoozer, Public Works Administrative Assistant Patrick Martchink, Town Board Liaison Brian Berg, Parks Division Supervisor Sarah Clark, Light & Power Administrative Assistant Absent: Dewain Lockwood Acting Chair Merle Moore called the meeting to order at 8:30 a.m. PUBLIC COMMENT No public comment GENERAL BUSINESS Co-Chair Moore made a motion to approve the October meeting minutes with minor corrections and the motion passed unanimously. AIPP APPLICATION: YARN BOMBING The Art in Public Places (AIPP) applicant, Face of Fiber in the Rockies was in attendance represented by Kathy Snyders. The application is to allow volunteers to ‘yarn bomb’ trees around town during the W ool Market taking place June 7-10, 2018. This activity is described as wrapping yarn art around trees. The plan is to install the yarn bombs the Wednesday before the W ool Market and to remove them the week after the market. The majority of the yarn bombs will be placed on the trees along Elkhorn Parks Advisory Board – November 17, 2017 – Page 2 Avenue. There is no cost associated to this activity as volunteer knitters will be providing the material. Snyders stated that positive response in years past has been received and assured the PAB that there is no forced attachment to the trees. The yarn will only wrap around and attach to itself. Member Rustin suggested tagging the yarn wraps to provide some identification for their purpose. Supervisor Berg mentioned the sign code and potential complications with tagging. The activity will be advertised in the papers with a photo from last year for familiarity. The applicant stated there would be no yarn bombing to any bronze statues without permission from the sculptor. Supervisor Berg requested the contact information for the responsible party in the event of inappropriate attachment of the yarn art to any trees, as this has happened in the past. Berg wants to ensure that no one nails/staples anything to the trees or leaves the art too long in potentially wet weather, resulting in significant sagging. Kathy Snyders identified herself as the responsible party. Supervisor Berg also requested a map of any trees/sections of trees to which this activity will occur. This will allow Berg to identify private versus public trees. Snyders stated that no yarn art will be applied to trees within any flowerbed areas. Snyders was asked to bring back additional information on a revised AIPP Application prior to June, 2018. Moore made a motion, and all were in favor, to approve the AIPP Application pending receipt of the requested information. UPDATE: MRS. WALSH’S GARDEN Acting Chair Moore provided resume information of those individuals serving on Mrs. Walsh’s Garden Advisory Committee, a subcommittee of the PAB. Moore is the PAB liaison for this committee. After the holidays, the committee will commence regular meetings. Discussions will take place to develop priorities for the coming season and identify any maintenance issues. Committee minutes will come to the PAB for final approval. All committee members are full time residents of Estes Park with the exception of one member from Drake. Supervisor Berg would like to be included in subcommittee meetings to gain a full understanding of what is being discussed regarding this property. Berg is excited to learn from the wealth of knowledge within the committee. Parks Advisory Board – November 17, 2017 – Page 3 PARKS DIVISION UPDATE Supervisor Berg was able to contact both newly appointed student liaisons. One was in attendance and one plans to attend the December meeting. Veterans Monument Park came together in the best way possible for the November 11 reception. Hundreds of people were in attendance at the reception which took place at the Visitors Center. There was a band and representatives from each branch of the armed services. There will be much more landscaping to come in the winter/summer months. The stamped concrete turned out very well. Next steps involve installation of the picnic tables and the bear-resistant trash can once the concrete has had additional time to cure. The Parks Division is keeping a close eye on the cottonwood trees due to root damage created during concrete installation. The Parks Division will also be working to finish up the landscaping at the parking structure. The crew finished planting flower bulbs November 16. Structural pruning of young trees is needed in order for them to adapt to the harsh weather conditions and train them to accept winter conditions/winds. Baseline irrigation controllers were approved for the 2018 budget. These controllers will help manage water usage for all irrigation. Locations of new irrigation controllers have been defined with Mrs. Walsh’s Garden included. BOARD RENAMING Member Boles only suggested the renaming of the board for those folks applying for the vacant positions. Now that the application process is over, we can remove this item from the agenda. OTHER BUSINESS  Co-Chair Moore will be taking photos of the painted utility boxes to add to inventory of public art.  Town Board Trustees plan to start reviewing applications for the open PAB positions next week. The Town Clerk’s office received four applications. Parks Advisory Board – November 17, 2017 – Page 4  Sidewalk Chalk art has been seen in recent weeks. Supervisor Berg will f ollow up with Museum Director Derek Fortini on how the sidewalk chalk art was received and will bring this information back to the board at the next scheduled meeting.  Member Bangs attended the Mountain Festival meeting. The festival will take place at the Estes Park Events Complex April 27th and 28th in 2018. Bangs has scheduling conflicts during this time and invited any other member(s) to assist. Bangs will continue to attend all meetings leading up to the event but will be less accessible during the actual festival. This will be discussed further as the festival dates approach.  It was determined that the Arts In Public Places (AIPP) Guidelines would need more extensive review. Revisions and additions will be discussed in full at the regularly scheduled December PAB. Light & Power Administrative Assistant, Sarah Clark, provided a brief update on needed additions to the document as they related to the DUB process. Due to the success of the 2017 DUB process a number of businesses have contacted her to ask questions about painting the utility boxes on their property. Clark and Acting Co-Chair Boles reviewed the basic procedures and guidelines, and modified the language to capture this aspect of commissioning art within the guidelines. The established procedures will remain in place with the business or artist providing the proposal to the PAB for approval. Acting Chair Moore requested there be a defined need for a 3-dimensional proof to be provided with the finalists’ proposals. Clark agreed to incorporate the language. One new requirement will be a charge of $500 per box payable to Light & Power to help with cost for box prep and priming. Clark stated there would be a limit on the number of patron-commissioned works to four for manageability. The Town (L&P) will continue to sponsor four as well. Member Boles confirmed that the Town will advertise for proposals beginning in January for 2018 submissions. The PAB extended much appreciation to the Light & Power Division for their support of the very successful 2017 DUB process. Parks Advisory Board – November 17, 2017 – Page 5 Town Board Liaison Martchink confirmed that he will continue to be the Town Board Liaison for the Parks Advisory Board. Martchink recommended providing future objectives (5 to 7-year goals) to add to the Town’s strategic plan. Public Works will assist the PAB in determining items for strategic plan. One of two new student liaisons, Zach Scanlin, was welcomed by the PAB. When asked what made him choose to serve on the Parks Advisory Board, Stanley stated that this board really stood out to him and seemed the most interesting. With no further business to discuss, the motion was made and seconded (Moore/Papineau) to adjourn the meeting at 9:54 am.       Town of Estes Park, Larimer County, Colorado, November 15, 2017 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall on the 15th day of November, 2017. Present: Kimberly Campbell Gordon Slack Claudine Perrault Tom Street Ann Finley Belle Morris Stan Black Also Present: Wendy Koenig, Mayor Pro Tem Greg Muhonen, Public Works Director David Hook, Engineering Manager Megan Van Hoozer, Public Works Administrative Assistant Larry Gamble, RMNP Absent: Lochen Wood, RMNP Bob Holcomb, Town Board Liaison Ken Zornes Amy Hamrick Chair Campbell called the meeting to order at 12:00 p.m. PUBLIC COMMENT: The Town’s new Engineering Manager David Hook introduced himself to the TAB. Hook has more transportation experience than any other engineering field. A motion was made and seconded (Perrault/Slack) to approve the October minutes and all were in favor. SHUTTLE UPDATE No Shuttle Committee representation was in attendance. Transportation Advisory Board – November 15, 2017 – Page 2 PROJECT UPDATES, Greg Muhonen, Director of Public Works Estes Park Transit Facility Parking Structure: The structure’s label, ‘Visitor Center Parking’, was discussed as not all drivers understand that the structure is available for any drivers. Smith Signs suggested the addition of an ampersand (&) or the word ‘and’ to the title to help clarify the structure’s purpose. One option for this addition would be to sandblast directly on the structure. Other suggestions mentioned were for the following additions to the title: OR; AND/OR; AND TOWN (or public) Other frequent feedback received is that visitors parking in the structure are unable to find the Visitor Center and restrooms. The Parks Division has designed a concept on wayfinding signage and a sample was provided the bo ard. This is intermediate measure to address the obvious issue. Member Perrault asked if there is a bigger plan for wayfinding signage throughout downtown. Director Muhonen indicated that the Downtown Plan committee members have made recommendations but that there are no specifics at this time. Downtown Parking Management Plan: The next public meeting on this topic will take place December 7 beginning at 5:30pm. The consultant will present the draft Downtown Parking Management Plan. After the presentation there will be 4 breakout sessions; parking structure locations; permitting; revenue & expenses; and implementation phasing. Member Finley stated the last public meeting very helpful and encouraged others to attend. The draft plan will be available on Nove mber 30. Muhonen and Chair Campbell encouraged all members to attend the public meeting and share their comments on December 7. The plan will be presented to the Town Board the first week of January, 2018. Parking Maps were handed out to the group based o n the draft plan to date along with a matrix on expansion options. All members discussed the plan for phasing and provided comments. Muhonen introduced the matrix. All rankings and measures provided have been based on feedback from the public meeting proce ss. The consultant continues to calculate input received so the version presented is still in draft form. Larry Gamble stated that Rocky Mountain National Park (RMNP) has not been involved in this process but feels the Post Office site for a parking structure is most appealing after construction is complete on the Downtown Estes Loop. It was also requested that the consultant explore the Elkhorn Lodge as an additional site to rank/measure. According to Muhonen, this location would most likely score simila r to Transportation Advisory Board – November 15, 2017 – Page 3 Performance Park. The Estes Downtown Plan Committee is looking at the Elkhorn Lodge site. Member Street stated there should be a caveat or some sort of indicator that this matrix is not weighted. There is strong contention against the current stance shown on the matrix. Muhonen invited all TAB members to submit their idea(s) for weighting or any other comments. Member Perrault suggested the creation of a narrative form indicating this caveat and acknowledging what this draft document “isn’t”. Chair Campbell assigned homework to the TAB requesting that each member submit a paragraph of what’s important to them. Gamble stated that traffic within RMNP regularly gets turned around when Bear Lake parking is at capacity. He feels that, as a result the west end of town in the most need of additional parking. Exhaustive and collaborative discussion proceeded to take place regarding the process related to these draft documents and the associated selections of next steps. TAB members in attendance shared ideas, suggestions, and provided different avenues of thinking, specifically stating that there is a definite need to maintain and protect existing high turnover lots/areas. Chair Campbell continued to introduce the plan for phasing. Member Black suggested adding shuttles and implement paid parking in the Weist lot for Phase 1. Members Morris and Perrault expressed their agreement to push turnover. Member Slack suggested the Wiest lot be split between the west end of the lot, allowing free employee parking, and the remainder of the lot to be paid parking. Member Perrault expressed a strong drive to create and emplo yee stakeholder focus group to determine incentives for employers to provide parking for their employees. It needs made clear what options Kimley Horn is reporting for employees. Chair Campbell would create a draft Town Board memo once the requested feedback from the TAB is received. This memo will state TAB’s support (or lack thereof) for the adoption of the proposed Downtown Parking Management Plan as well as addressing any concerns they may have. At the December TAB meeting Campbell will be seeking final edits and adoption of a letter to Trustees regarding the adoption of the plan. Transportation Advisory Board – November 15, 2017 – Page 4 Brodie Avenue Improvements: A Request for Proposals (RFP) has been advertised for consulting services related to the Brodie Avenue Improvements. The Safe Routes to School (SRTS) grant application, if accepted, would free up 1A trail funds. The design and build is anticipated to occur in 2018. Another RFP for design of the turn lane at US36 & Commun ity Dr. will be advertised soon. This is an initiative of the Town Board and they’re anticipating using discretionary funds from the Community Reinvestment Fund. Once cost estimate is received, this will be presented again to the Town Board. It is anticipated to be approximately $500K since the existing trail underpass allows 22 feet to install the turn lane. OTHER BUSINESS Member Perrault inquired as to the subsequent process when suggestions are made in TAB meetings. No formal process has been defined. Director Muhonen is currently engaged in conversations with CDOT per their request for the Town to perform a street overlay of Elkhorn Ave. The discussion is ongoing. Mayor Pro Tem Koenig asked if the signal timing at Big Horn & Elkhorn Ave. will be changed to allow better traffic flow. Muhonen indicated that the existing signal controller needs replaced by CDOT. With no other business to discuss, Chair Campbell adjourned the meeting at 1:47 p.m. FINANCE DEPT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: Jan 9, 2018 RE: Resolution #31-17 – Fair Housing Resolution Objective: Take action affirmatively furthering fair housing as required by acceptance of Community Development Block Grant – Disaster Recovery (CDBG-DR) awards from the US. Department of Housing and Urban Development (CFR 5.150 and Executive Order 12892). Title VIII of the Civil Rights Act, as amended by the Fair Housing Amendments Act of 1988, prohibits discrimination on the basis of race, color, religion, sex, familial status, national origin or disability in the sales, rental, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services. Present Situation: The Town has accepted $3.5 million in CDBG-DR grant awards over the last few years as part of the flood recovery and Moraine Ave bridge replacement efforts. As a condition of acceptance of these grants, the Town is required to take actions in support of fair housing within the community. Proposal: Adoption of a “Fair Housing Resolution” is a primary method used by local governments to remind the community of these laws and regulations. Advantages:  Demonstrate the Town Board’s commitment to promoting fair housing efforts within the community.  Comply with grant requirements for the CDBG-DR grant awards accepted by the Town. Disadvantages:  None identified. Action Recommended: Staff recommends the Town Board adopt the Fair Housing Resolution. Finance/Resource Impact: None Level of Public Interest Staff have received no public comments or expressions of interest regarding this resolution. Sample Motion: I move for the approval/denial of the Fair Housing Resolution # 31-17. Attachments: Attachment A – Resolution # 31-17 Fair Housing Resolution RESOLUTION #31-17 FAIR HOUSING RESOLUTION WHEREAS, discrimination on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law); and WHEREAS, Title VIII of the Civil Rights Act and Presidential Executive Order 12892 describes the obligation to Affirmatively Further Fair Housing; and WHEREAS, it is the policy of the Town of Estes Park to encourage equal opportunity in housing for all persons regardless of race, color, religion, sex, familial status, national origin or disability; and WHEREAS, within available resources, the Town of Estes Park will assist all persons who feel they have been discriminated against because of race, color, religion, gender, national origin, disability or familial status to seek equity under federal and state laws by referring them to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Town shall publicize this Resolution and through this publicity shall cause real estate brokers and sellers, private home sellers, rental owners, rental property managers, real estate and rental advertisers, lenders, builders, developers, home buyers and home or apartment renters to become aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or ordinances. The Fair Housing Program, for the purpose of informing those affected of their respective responsibilities and rights concerning Fair Housing law, will include: 1) the printing, publicizing and distribution of the Resolution; and 2) the distribution of posters, flyers, pamphlets, and other applicable Fair Housing information provided by local, state and federal sources; and 3) the publicizing of locations where assistance will be provided to those seeking to file a discrimination complaint. DATED this ______ day of __________________, 2018. TOWN OF ESTES PARK ____________________________________ Mayor ATTEST: ________________________________________ Town Clerk RESOLUTION NO. #01-18 WHEREAS, Section 26-6-402(2)(c) of the “Colorado Sunshine Act of 1972” as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the lobby area immediately adjacent to the Administrative Offices in the Estes Park Town Hall, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of , 2018. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk       RESOLUTION #02-18 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Beer & Wine Liquor License, filed by DNC Parks & Resorts at Trendz, Inc. dba Trendz at the Park, 100 E. Moraine Avenue, Estes Park, Colorado, is December 6, 2017. It is hereby ordered that a public hearing on said application shall be January 23, 2018, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.90 miles, as measured from the center of the applicant's property. DATED this day of 2018. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk       TOWN ATTORNEY Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: January 9, 2018 RE: Intergovernmental Agreement Establishing the Northern Colorado Regional Tourism Authority (NCRTA) Objective: Review and approve, if appropriate, the Intergovernmental Agreement Establishing the Northern Colorado Regional Tourism Authority (NCRTA) among the City of Loveland, Town of Windsor, Town of Estes Park, and Larimer County, Colorado. Present Situation: In 2014, the above listed governmental entities formed a non-profit organization known as “Go NOCO” to jointly apply for tourism grant funding from the State of Colorado Regional Tourism Authority (RTA Program). In 2015, the State of Colorado Economic Development Commission awarded to Go NOCO RTA grant funding for four project elements located within the geographical boundaries of the governmental entities. One of the four projects is the Stanley Film Center located on the Stanley Hotel property. The Go NOCO organization was dissolved and converted to the Northern Colorado Regional Tourism Authority (NCRTA) to serve as the financing entity for the awarded project elements. NCRTA is a Colorado non-profit corporation whose board of directors is comprised of elected officials, community members and commercial landowners from the governmental entities and the regional tourism zone. Mayor Jirsa and Mike Abbiatti are members of the Board of Directors from Estes Park. Pursuant to the IGA, NCRTA shall be governed by a board of fifteen members, comprised of one elected official and one member of each community at large appointed by each of the governmental entities, and commercial property owners in the commercial zone appointed by the Colorado Economic Development Commission. NCRTA shall serve as the sole entity for the distribution of the State of Colorado Regional Tourism Act funding. Once funding is received, it will be the responsibility of NCRTA to distribute State of Colorado tax increment financing revenues (TIF) to one or more of the four projects. To date, none of the four projects have commenced development, nor has the Town transferred any funds to NCRTA. The IGA provides that NCRTA shall be funded and all expenses paid by the State of Colorado TIF revenues. The governmental entities, including the Town, shall not be bound or obligated to provide additional funding except as determined to be appropriate by the respective governmental entity. Also, the IGA provides that the governmental entity is not responsible in the event the State of Colorado seeks to recover reimbursement or recovery of RTA funds dispersed by NCRTA. The term of the IGA is for not more than ten years, and any party to the IGA may terminate its rights, duties, obligations or requirements by advanced written notice of not less than 180 days. Advantages: Adoption of the IGA establishes the NCRTA to receive and administer State TIF financing for the approved RTA projects. Disadvantages: None. Action Recommended: The approval of the IGA Establishing the Northern Colorado Regional Tourism Authority (NCRTA). Budget: There are no budget implications pursuant to this IGA except for limited Staff involvement in providing information on the Stanley Film Center RTA project to the State of Colorado. Level of Public Interest Low. Sample Motion: I move to approve/not approve the Intergovernmental Agreement Establishing the Northern Colorado Regional Tourism Authority (NCRTA). Attachments: Intergovernmental Agreement Establishing the Northern Colorado Regional Tourism Authority (NCRTA)     INTERGOVERNMENTAL AGREEMENT   ESTABLISHING THE NORTHERN COLORADO REGIONAL TOURISM AUTHORITY (NCRTA)     THIS AGREEMENT, made and entered into this _____ day of _____, 2018, by and  between the CITY OF LOVELAND, COLORADO (hereinafter referred to as, “Loveland”), the  TOWN OF WINDSOR, COLORADO (hereinafter referred to as, “Windsor”), the TOWN OF ESTES  PARK, COLORADO (hereinafter referred to as, “Estes Park”) and LARIMER COUNTY, COLORADO  (hereinafter referred to as, “Larimer County”) and collectively referred to as the governmental  entities.   WHEREAS, in 2014 the governmental entities joined together to form a nonprofit  organization known as “Go NoCO” to collaborate and apply for tourism grant funding from the  State of Colorado Regional Tourism Authority (RTA) program; and    WHEREAS, in 2015 the State of Colorado Economic Development Commission awarded  Go NoCO RTA grant funding for four project elements located within the geographic boundaries  of the governmental entities; and   WHEREAS, following the award of RTA grant funding and in accordance with Colorado  Revised Statute §24‐46‐306 C.R.S., the Go NoCO organization was dissolved and converted to  the Northern Colorado Regional Tourism Authority (NCRTA) to serve as the financing entity for  the awarded project elements; and   WHEREAS, the NCRTA is properly organized as a Colorado nonprofit corporation, has  appointed a board of directors comprised of elected officials, community members and  commercial landowners from the governmental entities and the regional tourism zone;   WHEREAS, in an effort to further their collaborative efforts in the interest of advancing  regional tourism projects, the governmental entities hereby enter into this Agreement to  improve the health, safety and general welfare of the public within the respective territorial  boundaries of the governmental entities;    NOW, THEREFORE, in consideration of their mutual rights and obligation as set forth  below, Loveland, Windsor, Estes Park and Larimer County agree as follows:  1.0 AUTHORITY FOR AGREEMENT  1.1 This Intergovernmental Agreement is entered into by the governmental entities pursuant to  the authority granted to granted to local governments in Colorado Revised Statutes §29‐1‐203,  which allows governments to cooperate or contract with one another to provide any function,  service, or facility lawfully authorized to each of the cooperating or contracting units, including  the establishment of a separate legal entity.       2.0 GOVERNING BOARD  2.1 The NCRTA shall be governed by a board of fifteen (15) members (the “Board”) in which all  administrative and legislative powers of the NCRTA is vested. The board shall be comprised of  one elected official and one member of the community at large appointed by each of the  governmental entities and one less than an equal number of commercial property owners  within the tourism zone as appointed by the State of Colorado Economic Development  Commission.  2.2 Each member entity of the NCRTA Board shall post in its customary  locations within the  geographic boundaries of the governmental entity the  full and timely notice to the public of all  regular and special NCRTA meetings. In accordance with Colorado Revised Statutes §32‐1‐ 903(2), such notice shall be posted twenty‐four (24) hours prior to the board meeting and when  possible shall include specific agenda information in accordance with Colorado Revised Statutes  §24‐6‐402(2)(c).   2.3 All meetings of the NCRTA Board shall be open to the public, except that the Board may go  into executive session in accordance with Colorado Revised Statues §24‐6‐402(4).   2.4 As a separate government entity created pursuant to Colorado Revised Statutes §29‐1‐ 203(4), the NCRTA shall receive and enjoy all of the privileges, immunities and defenses  afforded under federal or state constitutional, statutory or common law, including, but not  limited to, those provided to a “public entity” under the Colorado Governmental Immunity Act,  Colorado Revised Statutes §24‐10‐1‐1 et.seq.     3.0 TERM OF AGREEMENT, WITHDRAWAL OR DISSOLUTION  3.1 This Agreement shall be in effect from the date first written above and shall terminate no  more than 10 years from the date of the EDC award or November, 2025 and any party to the  Agreement can terminate its rights, duties, obligations or requirements imposed herein upon  advance written notice of not less than 180 days.   3.2 The respective governmental entities acknowledge that their obligations under this  Agreement shall not constitute or give rise to a general obligation or other indebtedness of any  party within the meaning of any constitutional or statutory provision or limitation of the State  of Colorado nor a mandatory charge or requirement against either party in any ensuing fiscal  year beyond the current fiscal year.   4.0. SINGLE REGIONAL TOURISM AUTHORITY  4.1 This organization shall be known as the Northern Colorado Regional Tourism Authority  (NCRTA) and is a properly constituted legal entity organized and independent of and separate      and distinct from the governmental entities which comprise it. The NCRTA shall serve as the  sole financing entity for the distribution of the State of Colorado Regional Tourism Act funding.  5.0. ANNUAL BUDGET AND PAYMENT OF EXPENSES  5.1 The Chair and Board of Directors of the NCRTA shall prepare and adopt an annual budget no  later than March 31 of each year which shall be available at all times for review and  consideration by the governmental entities;  5.2. The NCRTA shall be funded and all expenses paid by the State of Colorado tax revenue  increment per the EDC 2015 award and no governmental entity shall be bound or obligated to  provide additional funding except as determined to be appropriate by the respective  governmental entity. In the event the State of Colorado seeks to recover reimbursement or  recovery of any RTA funds disbursed to the NCRTA, no member governmental entity shall be  responsible for or obligated to pay any such amounts.   6.0 ADOPTION OF AGREEMENT AND LEGALLY BINDING STATUS  6.1 This Agreement shall be deemed in force as to the government entities when the same has  been adopted by resolution of all the participating government entities.   6.2 After such adoption, this Agreement shall be binding upon the member government entities  and the covenants hereof may be enforced by appropriate remedy by any one or more of the  member government entities against any other. Nothing in this Agreement shall be create or  extend any duties, rights or remedies or liabilities to any entity not a party to this Agreement.  6.3 In any legal action brought by any party to this Agreement to enforce the terms hereof, the  prevailing party shall be entitled to costs incurred in connection with the action, including  attorneys’ fees.  7.0 AMENDMENTS  7.1 This Agreement may be amended, modified or changed in whole or in part only by a written  agreement duly authorized and executed by each government entity in the same manner as  this Agreement was originally approved and adopted.   8.0 SEVERABILITY  8.1 Should any of the provisions of this Agreement be held to be invalid or unenforceable, then  the balance of this Agreement shall be held to be in full force and effect as though the invalid  portion was not invalidated; provided, however, that should the invalidity or unenforceability  go to the essence of the Agreement or be of a substantial nature, then the party or parties who      would receive the benefit of the provision, were it not invalid or unenforceable, shall have the  option to terminate this Agreement forthwith.  9.0 GOVERNING LAW  9.1 This Agreement shall be governed by, and interpreted in accordance with, the laws of the  State of Colorado, and venue for action arising out of any dispute hereunder shall be in Larimer  County District Court of the State of Colorado.  IN WITNESS WHEREOF, and intending to be legally bound hereby, in accordance with proper  ordinance of each of the governing bodies of the government entities, we have hereunto  caused this instrument to be executed and the municipal seals affixed the day and year written  above.  TOWN OF WINDSOR, COLORADO  _____________________ __________________________  By: Kristie Melendez, Mayor ATTEST: Patty Garcia, Town Clerk    TOWN OF ESTES PARK, COLORADO  _____________________  ___________________________  By: Todd A. Jirsa, Mayor ATTEST: Jackie Williamson, Town Clerk    CITY OF LOVELAND, COLORADO  _____________________ ___________________________  By: Jacki Marsh, Mayor ATTEST:    LARIMER COUNTY, COLORADO  ____________________ _____________________________  By:    ATTEST:  FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: January 9, 2018 RE: Award Audit Contract for the Years Ending December 31, 2017 through December 31, 2021 Objective: To formally appoint a new audit firm to perform the Town audit for the year ended December 31, 2017 with renewal options for the next four years through 2021. Present Situation: Audit services are generally bid out every five years as an industry best practice. 2016 was the fifth year on the engagement with CliftonLarsonAllen LLP. After acceptance of the 2016 audit report from CliftonLarsonAllen LLP on August 15, 2017, the Town Board Audit Committee agreed to bid out the audit services for the five year term beginning with the 2017 audit. Staff then issued a request for proposals for audit services, receiving five proposals. A selection committee consisting of Assistant Town Administrator Machalek, Finance Director Hudson, Accounting Manager Garcia, and Accountant I Johnson reviewed the audit proposals and ranked them by firm qualification. The sealed cost bids were then opened and reviewed in light of the firm’s technical qualifications. The top three firms were then asked to meet with the Town Board Audit Committee on Friday, November 17th. Audit Committee members present were Mayor ProTem Koenig and Trustee Holcomb. After interviewing the prospective audit firms, and discussion of the proposals, the Audit Committee unanimously agreed to recommend the appointment of Swanhorst and Company LLC as the Town’s audit firm for 2017 through 2021. When presented to the full Town Board for consideration on Nov 28, 2017, the appointment was passed on a 5- 2 vote. A contract was not executed to allow time to resolve this issue. The auditor works directly for the Town Board to help discharge their financial oversight responsibilities. In order to effectively achieve that, it is very important that all Trustees have confidence in their auditor. With the vote on the appointment split, it was obvious that the appointment of Swanhorst and Company LLC would not satisfy that need. With this in mind, the audit committee reconvened on Dec 14, 2017 to discuss the appointment and consider recommending another firm that the entire Town Board can approve of. After detailed discussion, the audit committee would like to recommend the Town appoint Anton Collins Mitchell LLP (ACM) as the Town’s auditors. Proposal: The Audit Committee recommends that Anton Collins Mitchell LLP be awarded the contract to perform the Town’s audit for the year ended December 31, 2017 with annual renewal options for the next four years through December 31, 2021. Advantages: The Town is required by state statute and by grantor agreements to have an annual audit conducted by a qualified CPA firm. This action will demonstrate continued compliance with this requirement. Disadvantages: None identified. Action Recommended: Award of the engagement to Anton Collins Mitchell LLP on January 9, 2018 will allow the Finance Department staff to begin to work with the new firm as quickly as they desire. Since the year end is here, it is very important that the appointment be completed and work begin on the audit as soon as possible in order to meet various deadlines for the audit. Currently, ACM is scheduled to be here on Jan 22 to start preliminary work. Finance/Resource Impact: The audit is an annual expense budgeted at a total of $45,000 for 2018. The audit fee for 2017 per the proposal is $42,500, which is within the budgeted amount. Level of Public Interest No interest or comments have been received regarding this appointment however, the Nov 28 action received front page coverage in the Dec 1, 2017 Trail Gazette. Sample Motion: I move for the approval/denial to award the financial audit engagement for the year ended December 31, 2017 with renewal options for the next four years through 2021 to Anton Collins Mitchell LLP. Attachments: Attachment A - Auditor Proposal Bid Tabulation Town of Estes Park Audit Proposal Bid Tabulation Anton Collins Mitchell, LLP FYE 2017 ‐ 2021 2017 2018 2019 2020 2021 Total # Hours 364 364 364 364 364 1820 All Inclusive Bid, including Single Audit 42,500$     46,000$     48,000$     50,000$     52,500$      239,000$    Alternate ‐ Separate Bound Report for VEP VEP 4,000          4,200         4,400         4,600         4,900           22,100       Town of Estes Park Audit Proposal Bid Tabulation Haynie & Company FYE 2017 ‐ 2021 2017 2018 2019 2020 2021 Total # Hours 286 277 277 277 277 1394 All Inclusive Bid, including Single Audit 39,000$     39,000$     41,000$     41,000$     43,000$      203,000$    Alternate ‐ Separate Bound Report for VEP VEP 3,000          3,000         3,200         3,200         3,400           15,800       Town of Estes Park Audit Proposal Bid Tabulation Swanhorst & Company LLC FYE 2017 ‐ 2021 2017 2018 2019 2020 2021 Total # Hours 360 360 360 360 360 1800 All Inclusive Bid, including Single Audit 38,000$     38,000$     38,000$     39,000$     39,000$      192,000$    Alternate ‐ Separate Audit for VEP Town 34,500       34,500      34,500      35,500      35,500        174,500     VEP 6,000          6,000         6,000         6,000         6,000           30,000       Total 40,500$     40,500$     40,500$     41,500$     41,500$      204,500$          TOWN BOARD MEETING January 9, 2018 Action Item #3 Appointments to the County Regional Transportation Task Force. There is no Memo for this item.       ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Travis Machalek, Assistant Town Administrator Date: January 9, 2018 RE: Change to Family Advisory Board Focus Area Objective: Present a change to the Family Advisory Board (FAB) Focus Area for Town Board consideration. Present Situation: The current FAB Focus Area is: “Identify gaps in support services available to families in the Estes Valley”. In order to identify these gaps, the FAB created a community resource guide (https://www.colorado.gov/pacific/townofestespark/node/185451/) that details these support services. Based on this work, the group has determined that one of the most pressing issues facing families in the Estes Valley is the need for childcare. Proposal: At the 12/07/2017 meeting of the FAB, the group unanimously voted to select childcare as the identified gap to focus on. Per the FAB Bylaws, this change in Focus Area requires approval by the Town Board. The group plans to commence work on this Focus Area (if approved) as soon as the results of the Childcare Needs Assessment are available (likely the end of January). Advantages:  Resources directed to an identified area of need.  Provides direction for the FAB. Disadvantages:  Focusing on childcare necessarily limits the FAB from focusing on other issues facing families in the Estes Valley. However, the group feels that the childcare issue is one of the most pressing concerns. Action Recommended: Staff recommends approval of the new Focus Area for the FAB. Finance/Resource Impact: No additional financial/resource impact at this time. Level of Public Interest Medium Sample Motion: I move to approve/deny changing the Family Advisory Board’s Focus Area to childcare.