HomeMy WebLinkAboutPACKET Town Board 2017-09-12The 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, September 12, 2017
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 August 22, 2017 and Town Board Study Session dated
August 22, 2017.
2. Bills.
3. Committee Minutes.
A. Audit Committee Minutes dated August 15, 2017.
4. Parks Advisory Board Minutes dated July 20, 2017 (acknowledgment only).
5. Estes Valley Board of Adjustment Minutes dated June 6, 2017 (acknowledgement
only).
2. ACTION ITEMS:
1. ORDINANCE #23-17 CDOT PURCHASE OF A PORTION OF CARRIAGE HILLS
OUTLOT. Manager Landkamer.
2. ORDINANCE #24-17 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE
CHAPTER §8.06 NOISE. Attorney White.
3. INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL
MARKETING DISTRICT BETWEEN THE TOWN OF ESTES PARK AND LARIMER
Prepared 08/28/17
*Revised 09/07/17
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
*
*
COUNTY RESTATING AND AMENDING THE INITIAL 2008
INTERGOVERNMENTAL AGREEMENT. Attorney White.
4. MORAINE AVENUE BRIDGE REPLACEMENT CONSTRUCTION CONTRACT.
5. RESOLUTION #24-17 SUPPLEMENTAL BUDGET APPROPRIATIONS FOR 2017.
Director Hudson.
3. ADJOURN.
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Town of Estes Park, Larimer County, Colorado, August 22, 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 22nd day of August, 2017.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Also Present: Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Frank Lancaster, Town Administrator
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 (Holcomb/Koenig) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Jerry Kennell/Town citizen expressed his appreciation for the completion of MacGregor
Avenue, the attractiveness of the project, and the addition of the crosswalk flashers for
pedestrains. He requested the Town consider posting the speed limit of 35 mph near the
intersection rather than the current increase to 40 mph within approximately 100 yards of
MacGregor Avenue.
Gordon MacAlpine/Town citizen thanked the Platte River Power Authority and the Town
Board for considering the request to model and study renewable energy options for Estes
Park and the other three PRPA communities. He requested the Board include renewable
energy in the 2018 Strategic Plan because the final modeling report would not be
available until the final quarter of 2017 or early 2018.
Ron Wilcocks/County citizen and downtown business owner stated concern with the
downtown paid parking plan being considered by the Town. He stated the information
being utilized by the Transportation Advisory Board in making their recommendations is
old data and incorrect. He requested the Town slow the project down and consider the
impact the new parking structure would have on the utilization rates. He also stated the
businesses downtown have not been contacted to discuss paid parking downtown.
TOWN BOARD COMMENTS
Trustee Walker reminded the community to slow down in and around the school zones
because the kids are back in school.
Trustee Norris discussed with Mayor Jirsa and Administrator Lancaster the need to review
the 2017 Strategic Plan and create an outline of all the items addressing the environment,
including items related to water, clean air, solid waste and energy to educate the citizen
of the ongoing initiatives. The Estes Valley Planning Commission approved five large
vacation home applications, two subdivision plats and three code amendments were
delayed to a future meeting. He stated Susan Strom and Maria Jimenez would be
considered by the Board as Family Advisory Board members.
DRAFT3
Board of Trustees – August 22, 2017 – Page 2
Trustee Martchink thanked all four applicants who applied for and interviewed for the
Family Advisory Board.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 8, 2017.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works Committee Minutes dated July 27,
2017.
1. Emergency Communications Center 4th Console Project, Xybix Systems
Inc., $11,928.83 – Unbudgeted 1A Funds.
2. Repair & Replacement of AM Emergency Radio Antenna, Information
Station Specialists, Inc., not to exceed $5,000 – Unbudgeted 1A funds.
3. Parks Advisory Board Minutes dated July 20, 2017 (acknowledgment only).
4. Estes Valley Planning Commission Special Meeting Minutes dated June 30,
2017 and Estes Valley Planning Commission Minutes dated July 18, 2017
(acknowledgement only).
5. Family Advisory Board Appointments:
Susan Strom replacing Jessica McGee, term expiring on March 31, 2019.
Maria Jimenez, term expiring on March 31, 2018.
6. Transportation Advisory Board Appointment.
Claudine Perrault replacing Gregg Rounds term expiring on March 31,
2018.
It was moved and seconded (Norris/Walker) to approve the Consent Agenda
Items, and it passed unanimously.
2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUBDIVISION FINAL PLAT – ESTES PARK RESORT; LOT 1, LAKE
ESTES 2ND ADDITION, 1700 BIG THOMPSON AVENUE. Application
continued to September 26, 2017.
B. ORDINANCE #21-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING ADMINISTRATION OF THE
“COMDEV RECOMMENDED PLANT LIST” – FORMERLY THE
“PREFERRED PLANTING LIST”. Item continued to September 26, 2017.
It was moved and seconded (Norris/Holcomb) to approve the Planning
Commission Consent Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. KEARNEY MINOR SUBDIVISION; METES & BOUNDS PARCEL; 1360
BROOK DRIVE; KEARNEY & SONS EXCAVATING/OWNER. Planner
Gonzalez reviewed the application to create two legal lots and one outlot.
The two lots would continue to be zoned I-Industry and have
industrial/commercial uses. Access for each lot would be from Acacia Drive DRAFT4
Board of Trustees – August 22, 2017 – Page 3
and Brook Drive. The final subdivision plat would be considered by the Town
Board at the September 26, 2017 meeting. It was moved and seconded
(Koenig/Norris) to approve the Kearney Preliminary Minor Subdivision
with the July 18, 2017 Estes Valley Planning Commission
recommended conditions, and it passed unanimously.
B. PRELIMINARY AND FINAL CONDOMINIUM MAP; RIVERVIEW PINES II
CONDOMINIUMS; 1150 W ELKHORN AVENUE; FRED KROPP/OWNER.
Planner Gonzales presented the preliminary and final condominium map
which would plat the newly constructed office/dwelling unit, two easements
proposed to be vacated for electric and water, plat the newly located main
within side lot utility easements, and plat a 15-foot easement for an existing
sewer main. It was moved and seconded (Nelson/Holcomb) the Riverview
Pines II Preliminary and Final Condominium Maps, and it passed
unanimously.
3. ACTION ITEMS:
1. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance
Director Hudson stated the CAFR was completed by CliftonLarsonAllen for the
fifth year in a row. Paul Neidermuller/CliftonLarsonAllen presented an overview
of the annual financial reporting process. The auditing firm of CliftonLarsonAllen,
LLP conducted an independent audit of the Town of Estes Park’s financial
statements as of December 31, 2016 and have expressed an unmodified opinion
(clean) that the financial statements presented fairly, in all material respects, the
financial position of the funds and activities of the Town of Estes Park in
conformity with Generally Accepted Accounting Principles (GAAP). During the
audit deficiencies in internal controls were documented and include the bank
reconciliation procedures and timeliness, inventory reconciliation, and
information technology user access. The single audit demonstrated a need to
address internal controls on the booking capital assets, including donated items,
custody of electronic signatures and enhancing controls, and audit of the federal
programs. It was moved and seconded (Holcomb/Koenig) to accept the audit
report and Comprehensive Annual Financial Report for the year ending
December 31, 2016, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 7:43 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT5
Town of Estes Park, Larimer County, Colorado August 22, 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
Rooms 202/203 in said Town of Estes Park on the 22nd day of August, 2017.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending: All
Also Attending: Assistant Town Administrator Machalek, Town Attorney White
and Town Clerk Williamson
Absent: Town Administrator Lancaster
Mayor Jirsa called the meeting to order at 5:30 p.m.
POSSIBLE HOUSING PARTNERSHIP – AMERICA WEST.
Principle members of AmericaWest Housing Solutions, a nonprofit, and Prairie Fire
presented a proposal to develop an approximately 4-acre lot owned by the Town of Estes
Park adjacent to Crossroads Ministry into workforce housing. The project would be
owned and managed by the company, and built using local contractors. The project would
address the issues highlighted in the recent housing study completed by the Estes Park
Housing Authority, encompassing approximately 60 units, and would be rentals not
ownership. If the project was allowed to build three-story buildings, the project would
have less impact on the site. As a nonprofit, AmericaWest takes advantage of the federal
funding mechanisms such as CHFA, available for the development of workforce housing.
Crossroads has also shown an interest in the property due to their need to expand.
AmericaWest has met with Crossroads to discuss how the two can work together to
support the future residents of the project and meet the growing needs of the church. It
was proposed the project would be accessed through the Crossroad’s property rather
than the currently configured access through the adjoining neighborhood as platted. In
order to bring the project forward, AmericaWest would request the Town donate the land
for the project. The group has discussed the possibility of adding a childcare center to
the project.
Tim Mclemore/Crossroads Ministry stated they have requested the donation of the land
to expand their services because 1 out of 12 residents utilize the services provided
through the church. He commented a collaboration with AmericaWest would be important
to meet the needs of both projects, especially if the church gives up a portion of their land
for access.
Attorney White stated the Town would have to enter into negotiations for the transfer of
property if the Board would like to move forward with the proposal. The Board consensus
was to move forward with negotiations with AmericaWest for the possible development
of the property as a workforce housing development. Trustee Walker stated he would
have a conflict of interest because he owns the property adjacent to the proposed
development.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
Mayor Pro Tem Koenig provided an update on the recent immigration meeting she and
Trustee Norris attended. The group’s intent is to work with the local legislators and work
with groups such as CML and NLC to address their concerns.
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Town Board Study Session – August 22, 2017 – Page 2
Trustee Matchink questioned how the Town could have a meaningful impact on workforce
housing such as waiving property taxes for those that provide workforce housing.
Attorney White stated the Town could not waive the collect of property tax; however, the
Town could rebate the tax. Mayor Jirsa stated the topic could be discussed further during
the budget discussions.
Mayor Jirsa stated Mayor Pro Tem Koenig and Trustee Nelson would be the Board’s
representation on the Fish Hatchery RFP review committee.
Trustee Holcomb commented after further reviewing the staff proposal to take over the
CDOT striping maintenance of the local highways running through Town and
understanding the funds provided by CDOT would be annual funds, he would suggest the
Board reconsider the proposal. The annual funds would be a net positive to the Town.
Mayor Jirsa suggested the item be reviewed during the budget discussions.
FUTURE STUDY SESSION AGENDA ITEMS
The Board agreed to discuss the draft 2018 Strategic Plan at the September 12, 2017.
There being no further business, Mayor Jirsa adjourned the meeting at 6:40 p.m.
Jackie Williamson, Town Clerk
7
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Town of Estes Park, Larimer County, Colorado, August 15, 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 15th day of August, 2017.
Committee: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb,
Town Administrator Lancaster, and Finance Director
Hudson, and Assistant Finance Officer McDougall
Attending: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb,
Administrator Lancaster, Finance Director Hudson and;
CliftonLarsonAllen LLC representatives Paul Neidermuller
and Eric Miller, and Town Clerk Williamson
Absent: Assistant Finance Officer McDougall
Chair Jirsa called the meeting to order at 8:30 a.m.
2016 CAFR AND SINGLE AUDIT REVIEW.
Review 2016 Management Letter and Single Audit Findings with Auditors
Mr. Neidermuller reviewed the management letter outlining the fact the Town adopted
the provisions in GASB Statement 72 which requires disclosures to be made regarding
fair value measurements, the level of fair value hierarchy, and valuation techniques.
The most significant financial disclosure affecting the financial statements was the
disclosure of $75,000 liability related to future monitoring costs associated with the
environmental remediation, as described in Note 6 of the financial statement. The
auditors did not encounter any difficulties in completing the audit and suggested
adjustments to the staff during the process. Nothing of substance was exposed during
the audit; however, some internal controls were noted, including bank reconciliation
process, inventory reconciliation, and information technology user access. The single
audit identified internal control issues related to the following: 1) Capital assets not
being reported. The Town did not properly record the donation of a $60,000 Hummer
donated by the federal government; 2) Custody of electronic signatures stored on the
shared Finance department drive. Appropriate controls surrounding electronic
signatures shall be developed to ensure electronic signatures are not used in a
fraudulent manner; and 3) Major Federal Program expenditures were incurred by the
Town which are not allowed under the grant agreement entered into by the Town in
which only construction costs were allowed in the amount of $3,220.53. The auditors
pointed out the Town had eight finding in 2015 and only three in 2016. The Town
received an unmodified opinion, a clean opinion, of the audit ending December 31,
2016.
Finance Director Hudson stated Positive Pay, an automated fraud detection system,
has been added to the Town’s bank account. The Town sends a list of all checks to the
bank to be cleared. If the bank receives a check not on the list a call would be made to
the Town to verify the check. The auditors encouraged the Town to take advantage of
all fraud controls offered by the bank.
Attachment B of the audit was reviewed. Emphasis was placed on the need to develop
a bank reconciliation procedure and complete the process in a timely manner. It was
recommended the Town review all outstanding checks and remit checks to the State of
Colorado as unclaimed property. Inventory reconciliation was not available. A
comprehensive report should be completed on an annual basis to ensure inventory
balances are accurate.
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Audit Committee – August 15, 2017 – Page 2
The Town’s statement of net position increased significantly in 2016 with the
improvements made to the street infrastructure. The total assets as of December 31,
2016 was $58 million with $49 million in fixed assets. Expenses include the cost to
operate general government services. All services are provided to the community at a
deficit because the charges for services do not offset the cost of the services. The
sales tax revenues are used to offset the deficit. The Town’s unrestricted fund balance
at the end of 2016 was $4.4 million. The auditors expressed a 25% fund balance is
significant and stated no concern with the current reserves.
The Local Marketing District audit did not contain any issues or items for follow through
that was not addressed during conversations in August.
Confirm readiness for August 22, 2017 Town Board Presentation
The Committee requested the auditors present their findings to the Town Board at the
August 22, 2017 meeting and highlight the services, adequate reserves, and outline the
three findings and the corrections made since the previous year’s audit.
CONSIDERATION OF GOING OUT TO BID FOR AUDIT SERVICES FOR 2017 TO
2021. The Committee discussed the option of bidding the audit services because
CliftonLarsonAllen has completed a 5-year agreement to perform the services. Finance
Director Hudson stated staff would develop a review process to create a short list of
RFP responses for the Audit Committee to review and interview. An RFP timeline
would be developed with the goal to have the short list to the Committee by the first part
of October.
There being no further business, Mayor Jirsa adjourned the meeting at 9:37 a.m.
Jackie Williamson, Town Clerk
10
Town of Estes Park, Larimer County, Colorado, July 20, 2017
Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Executive Board Room of the Estes Park
Events Center on the 20th day of July, 2017.
Prese Carlie Bangs
Terry Rustin
Celine Lebeau
Merle Moore
Vicki Papineau
Also
Present: Craig Soderberg, Estes Arts District
Greg Muhonen, Director of Public Works
Brian Berg, Parks Division Supervisor
Kevin McEachern, Operations Manager
Karen Thompson, Community Development Executive Assistant
Patrick Martchink, Town Board Liaison
Absent: Ronna Boles, Dewain Lockwood
Chair Lebeau called the meeting to order at 8:30 a.m.
PUBLIC COMMENT
Craig Soderberg provided an Estes Arts District (EAD) update. He stated the First
Friday Art Groove is held from 5-8 p.m., and they are trying to get galleries and
participants to use the networking they have in place. They are promoting art as an
economic driver and wanting retailers to collaborate. A map of this event is on the
website.
The Dick Orleans music festival was in June, and one of the goals from that event is to
encourage performers and musicians to see how they can be part of the community.
Snowy Grass is coming this Saturday to Baldwin Park. The kids’ program starts at 10am
and performances will be from 11am-5pm. EAD and Partners for Commerce are
collaborating on a regular event that replaces Business After Hours on the third
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Parks Advisory Board – July 20, 2017 – Page 2
Thursday of each month, and will be held at The Barrel this month. Soderberg stated
there is a sculpture map on the EAD website.
Member Papineau would like the Arts District to give some of their printed maps to the
Visitor Center. Co-Chair Moore would like to see a link to the Arts District on the Town
website. Soderberg will contact Megan Van Hoozer to request the link be added to the
PAB web page. The EAD is also working with the gallery in Allenspark to let people
know it’s more than just Estes.
GENERAL BUSINESS
It was moved and seconded (Papineau/Bangs) to approve the June 15, 2017 meeting
minutes and the motion passed unanimously.
DOWNTOWN LOOP UPDATE – Corey Lang
The Finding of No Significant Impact (FONSI) has been received. The acquisition and
Right-of-Way phase of the Downtown Loop project has begun and CDOT is initiating
conversations with the seven affected property owners. The design phase of this project
has reached 30% completion. Lang brought maps to the meeting for the Board to
review. Comments included, but were not limited to:
- An additional pedestrian crossing will be placed on Moraine near the Davis parking
lot.
- The existing Riverwalk by Baldwin Park will remain, and will tie into new sidewalk.
- The small parking area directly south of the Post Office would be replaced with a
picnic and plaza area.
- Sidewalk will be widened to 10 feet beside Post Office parking lot.
- There is the possibility of a pedestrian bridge at Ivy Street.
- In moving plaza area between Baldwin Park and the Post Office, they would
transplant what they could and also recycle existing materials and put them in the
new location.
- Member Bangs stated it would be nice to see some splash pads in that area –
possibly near the playground, and recommended the group visit the new river area
in Lyons, paying special attention to the family-friendly areas. She is hesitant to
remove the playground area near the restrooms at the confluence. Something
“extra” at Baldwin Park directed toward kids and families would be beneficial to
community sentiment.
- There was discussion about the natural areas that are existing, and whether or not
to remove or manicure them. Additional seating in the natural areas would be nice.
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Parks Advisory Board – July 20, 2017 – Page 3
- A member suggested moving the pedestrian crossing by the existing restrooms
closer to Elkhorn.
- There was discussion about shuttle stops along the new Riverside Drive and the
potential of making a shuttle stop near Picadilly Square to benefit those businesses
and the Tramway.
- Director Muhonen stated ideas would be welcomed regarding a streetscape
opportunity at the southwest corner of Elkhorn and Riverside. There will be some
parallel parking along Moraine Ave heading out of town.
- Member Papineau would like to see the children’s park area expanded to include
picnic tables.
- Soderberg stated signage and art can go together near the roundabout and in
children’s areas. There are several communities that merge wayfinding and art
(Salida did it). Director Muhonen requested that Soderberg talk to the Downtown
Plan people about that idea.
- Member Moore recommended making sure there is electrical conduit placed in those
areas for future use.
- Trustee Liaison Martchink would like to see continuity in the railings. Also using the
same colors/materials as the parking garage; using the same type of planters,
seating areas, etc. to keep the continuity.
PARKS DIVISION UPDATE
Supervisor Berg stated the Parks crew is finishing up the Knoll-Willows property;
including closing access to the user-created trails by placing dead wood there.
All is on track for the August 5 (80517) grand opening. A large 45-sq. ft. centennial logo
will be stenciled on the grass at Bond Park.
Veteran’s Monument shelter update: The Sanitation District needs to do some work
under the river this fall so the Parks Department will not be doing any work there until
that has been completed.
There was discussion regarding the existing picnic shelter near the highway, and
whether or not it would be worth moving across the river. Comments included asking a
civic organization to fund a new shelter; not enough room to have a full park, but two
shelters would be great; suggested to tie in the shelter design with the shelter at Bond
Park.
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Parks Advisory Board – July 20, 2017 – Page 4
Supervisor Berg stated he was hoping more would have been done with the bank
stabilization project across the river from the Visitor Center.
Comments regarding sidewalk art included, but were not limited to: if the process
becomes too cumbersome then some creativity will be lost and people won’t contribute;
a three-month process for sidewalk art is too long; revisions may be needed to the
application; the policy had to be rewritten because of multiple “kinks” that prolonged the
process; some additional preliminary information from the applicant would be helpful.
Member Rustin congratulated Director Muhonen on getting the parking garage
completed.
OTHER BUSINESS
None.
With no other business to discuss, Chair LeBeau adjourned the meeting at 10:02 a.m.
14
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 6, 2017 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau,
Rex Poggenpohl
Attending: Members Newsom, Lynch, Moreau, and Smith
Also Attending: Community Development Director Randy Hunt, Planner Audem
Gonzales, Recording Secretary Thompson
Absent: Member Poggenpohl
Chair Newsom called the meeting to order at 9:00 a.m. There were three people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. AGENDA APPROVAL
It was moved and seconded (Moreau/Smith) to approved the agenda as presented
and the motion passed 4-0 with one absent.
2. PUBLIC COMMENT
None.
3. CONSENT AGENDA
Approval of minutes dated April 11, 2017
It was moved and seconded (Moreau/Lynch) to approve the minutes as presented
and the motion passed 3-0 with one Member Smith abstaining and one absent.
4. LOT 2, AMENDED PLAT OF LOTS 1 & 2, STANLEY VILLAGE SUBDIVISION; 451 E.
WONDERVIEW AVENUE; SAFEWAY
Planner Gonzales reviewed the staff report. The applicant, Safeway Stores, Inc., requests
a variance from Estes Valley Development Code Section 4.4, Table 4-5 which requires a
maximum of 65% impervious coverage on lots zoned CO–Commercial Outlying. The
request is to allow an increase to the impervious lot coverage of 1% to construct an
addition to their existing building. The actual amount of variance needed for this project is
only 0.1% (568 square feet), but staff felt it more appropriate to increase it to a whole
number.
Staff and Commission Discussion
Member Lynch stated, as a local who has built several buildings, recalled an impervious
coverage amount of 85% in the 1990s. There was brief discussion about the historical
coverage limits. Director Hunt stated he would like to propose an amendment to the Estes 15
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
June 6, 2017
Valley Development Code regarding cleaning up the specifics of impervious coverage
requirements.
Staff findings can be read in the staff report. Staff did not recommend any conditions of
approval.
Public Comment
Gary Harrison/project architect stated the project is proposing to add a 6200 square foot
addition to the existing building. The proposed landscaping will remain unchanged, for the
most part.
It was moved and seconded (Lynch/Smith) to approve the variance request
according to findings of fact and conclusions of law, with findings recommended
by staff and the motion passed 4-0 with one absent.
4. REPORTS
A. Director Hunt provided an update on vacation homes. Most of the registrations have
been submitted. The cap of 588 vacation homes for the Estes Valley Development
Code Area has not yet been reached, with approximately 500 registrations on file. The
International Residential Code was recently amended to address large vacation homes
and small hotels. A life safety survey was added to the code requirements. Director
Hunt stated any new construction, built as a vacation rental, will be required to have
automatic fire sprinkler systems. There is not a limit on vacation rentals in
Accommodations zone districts; however, there are minimum acreages for those
districts. There is nothing in the codes that state you cannot build a large home in
residential zone districts, you will just not be able to rent it short-term to more than eight
occupants.
B. Member Moreau stated there was no variance sign posted for the application heard
today. The rules should be enforced. Because not everyone reads the legal notices in
the paper, signage is important so at least the nearby neighbors are aware of the
application being reviewed. Director Hunt recalled a solution whereas the applicant
would be required to submit a photo of the sign posting, as well as having the area
staked. Staff will notify applicants to submit a photo of the variance sign once it is
posted.
There being no other business before the Board, the meeting adjourned at 9:33 a.m.
___________________________________
Wayne Newsom, Chair
__________________________________
Karen Thompson, Recording Secretary
16
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on Ordinance #23-17
CDOT Purchase of a Portion of Carriage Hills Outlot.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
Review any conditions for approval not in the staff report.
3. APPLICANT.
The applicant makes their presentation.
4. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Town Attorney read the Ordinance if applicable to the application.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
PUBLIC WORKS Memo
To: Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jon Landkamer, Public Works Facilities Manager
Greg Muhonen, Director of Public Works
Date: September 12, 2017
RE: Ordinance #23-17, CDOT Purchase of a Portion of Carriage Hills Outlot.
Objective:
It has been identified that CDOT does not own the property which includes the outlet of
their box culvert that extends under Highway 7, near the intersection with Carriage
Drive. CDOT would like to purchase a small section of Outlot E that includes this culvert
outlet.
Present Situation:
CDOT is preparing to resurface Highway 7 including the area adjacent to Carriage Drive
and the Carriage Hills pond and open space. The outlet of their box culvert extends into
the Town owned parcel called Outlot E. They wish to acquire a small section of Outlot
E, 1,996ft2 , for access to their box culvert for maintenance and repairs.
Proposal:
CDOT has delivered an Offer to Purchase Property and Incentive Program Information
packet.
Advantages:
Relieves the Town of any responsibility, or liability, for maintenance and/or repair of the
outlet of the box culvert, which is on Town owned property.
Disadvantages:
None
Action Recommended by Staff:
Accept the offer from CDOT for the purchase of RW-19 as defined in the Offer to
Purchase Property and Incentive Program Information packet. In the spirit of
cooperation, the Trustees could elect to waive the purchase price offered by CDOT.
Budget:
None
Level of Public Interest:
None
Sample Motion
I move to recommend/not recommend Approval of Ordinance # 23-17 accepting the
Offer to Purchase Property for parcel RW-19 as detailed in the offer package from
CDOT, in the amount of $1000/$500/$0.
Attachments:
Ordinance NO. 23-17
Exhibit A
Offer to Purchase Property and Incentive Program Information
ORDINANCE NO. 23-17
AN ORDINANCE APPROVING THE OFFER TO PURCHASE
TOWN PROPERTY
WHEREAS, Section 31-15-713 (1)(b) C.R.S. provides that the Town, by
ordinance, may dispose of any real property not held or used for park purposes or any
governmental purpose upon terms and conditions the Board of Trustees may
determine; and
WHEREAS, the Town acquired Outlot E, Carriage Hills Planning Planned Unit
Development Seventh Filing by the Deed of Dedication dated July 23, 1991 from the
Carriage Hills Planning and Development Association; and
WHEREAS, the Colorado Department of Transportation (CDOT) has offered to
purchase the property from the Town for improvements by CDOT to Highway 7
including widening the shoulder to include bike lanes in both directions and make
improvements to the existing drainage; and
WHEREAS, the legal description of the property requested to be purchased by
CDOT is set forth on Exhibit A attached hereto and incorporated herein by reference;
and
WHEREAS, since the acquisition of the property by the Town, the property has
not been used by the Town for park or any governmental purpose; and
WHEREAS, the Board of Trustees has reviewed the terms and conditions of the
Offer to Purchase Property and incentive program information dated August 24, 2017
from CDOT to the Town along with the terms and conditions of the Offer to Purchase
Property dated August 24, 2017 from the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. The Offer to Purchase Property dated August 24, 2017 is approved and the
Mayor or, in the absence thereof, the Mayor Pro Tem is authorized and directed
to execute all documents necessary to transfer the Property to CDOT.
2. Appropriate officials of the Town of Estes Park are hereby authorized to close
the sale of the property without further action and/or approval by the Town
Board.
19
3. In order to accept the Offer to Purchase within the timeframe in the Offer to
Purchase, the immediate passage of this Ordinance is necessary for the
preservation of the health, safety, and welfare of the citizens of the Town, and
therefore this Ordinance shall take effect and be in force immediately after its
passage, adoption, and signature of the Mayor or the Mayor Pro Tem.
Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado
this _________ day of _______________, 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of __________________, 2017.
Town Clerk
20
EXHIBIT A
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on Ordinance #24-17
Amendment to the Estes Park Municipal Code Chapter 8.06 Noise.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the application.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
Ordinance. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the Ordinance which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
Ordinance.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Town Attorney read the Ordinance if applicable.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Gregory A. White, Town Attorney
Date: September 12, 2017
RE: Amendment to the Town’s Noise Ordinance No. 24-17
Objective:
Review and, if appropriate, approve Ordinance No. 24-17 amending Section 8.06.030 Maximum
Permissible Noise Levels of the Municipal Code to meet statutory requirements.
Present Situation:
The Town’s current noise ordinance Chapter 8.06 Noises of the Municipal Code regulates noise
levels within the Town. Section 25-12-103 C.R.S. provides for maximum noise levels for all
municipalities in the State. The adoption of Ordinance No. 24-17 will bring the noise levels in
the Municipal Code to the maximum noise levels per the State statute.
Proposal:
The approval of Ordinance No. 24-17.
Advantages:
Bring the Town’s noise ordinance within the maximum noise levels required by State statute.
Disadvantages:
None.
Action Recommended:
Board approval of Ordinance No. 24-17.
Budget:
None.
Level of Public Interest
Medium.
Sample Motion:
I move to adopt/not adopt Ordinance No. 24-17.
Attachments:
None.
41
ORDINANCE NO. 24-17
AN ORDINANCE AMENDING SECTION 8.06.030 MAXIMUM PERMISSIBLE
NOISE LEVELS IN THE MUNICIPAL CODE
WHEREAS, Section 8.06.030 states the maximum permissible noise levels
within the Town; and
WHEREAS, it is necessary to change the maximum permissible noise levels to
be in compliance with the State statute; and
WHEREAS, the Board of Trustees has determined it is in the best interest of the
Town to amend Section 8.06.030 of the Municipal Code relating to maximum
permissible noise levels.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Section 8.06.030 Maximum Permissible Noise Levels of the Municipal Code is
amended as follows:
8.06.030 Maximum permissible noise levels.
A noise measured or registered by a sound level meter from any source at a level which is
in excess of the following noise levels measured at a distance of twenty-five (25) feet from
any property line and made when the wind velocity at the time and place of such
measurement is not more than five (5) miles per hour is hereby declared to be a
unreasonable noise and is unlawful:
Zoning Districts 7:00 a.m. to 7:00 p.m. to
Estes Valley Development Code next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A)
RE-1, RE, E-1, E,
R, R-1, R-2, RM
Commercial 60 db(A) 55 db(A)
A, A-1, CD, CO, O
Light Industrial 70 db(A) 65 db(A)
CH
Industrial 80 db(A) 75 db(A)
I
42
In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in this
Section may be increased by ten db(A) for a period not to exceed fifteen minutes in any
one-hour period.
2. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado
this _________ day of _______________, 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the ____ day
of __________________, 2017.
Town Clerk
43
44
TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Gregory A. White, Town Attorney
Date: September 12, 2017
RE: Restated Amended Intergovernmental Agreement for the Estes Park Local
Marketing District
Objective:
Review and, if appropriate, approve the Intergovernmental Agreement for the Estes Park Local
Marketing District (the “IGA”).
Present Situation:
The Initial IGA was effective August 26, 2008 and included provisions which addressed the
initial organization of the LMD. The IGA removes said provisions. The IGA also clarifies the
right of the Town and Larimer County to remove Directors from the Visit Estes Park (VEP)
Board.
Proposal:
The IGA clarifies the right of the Town and County to remove Directors.
Advantages:
The State statute is not clear on the right of the Town or County to remove Directors. The IGA
addresses this issue.
Disadvantages:
None.
Action Recommended:
Board approval of the proposed Intergovernmental Agreement for the Estes Park Local
Marketing District.
Budget:
None.
Level of Public Interest
High.
Sample Motion:
I move to approve/not approve the Intergovernmental Agreement for the Estes Park Local
Marketing District.
Attachments:
The Intergovernmental Agreement for the Estes Park Local Marketing District. 45
INTERGOVERNMENTAL AGREEMENT
FOR THE ESTES PARK LOCAL MARKETING DISTRICT
This Intergovernmental Agreement for the Estes Park Local Marketing District
(“Agreement”) is effective this ___________ day of _________________________, 2017
(“Effective Date”), between the Town of Estes Park, Colorado (“Town”) and the Board of
County Commissioners of Larimer County, Colorado (“County”). The Town and County may
collectively be referred to in this Agreement as “Parties.”
I. RECITALS
A. The Local Marketing District Act, C.R.S. 29-25-101 et seq., provides for the
organization of local marketing districts (“Act”).
B. Pursuant to the Act, local governments in combination may create a local
marketing district by contract to exercise the functions authorized by the Act following receipt of
a petition for the organization of a local marketing district from the requisite number of owners
of commercial real property in the proposed service area.
C. The Town and County entered into an Intergovernmental Agreement for the
formation of the Estes Park Local Marketing District (“District”) dated August 26, 2008 (“Initial
IGA”).
D. The Estes Park Local Marketing District and the implementation of a two percent
(2%) marketing and promotion tax on the purchase price paid or charged to persons for rooms or
accommodations in the District to fund the services of the District was approved by the voters at
a general election held on November 4, 2008.
E. The Parties seek to amend and restate the Initial IGA to provide clarification of
certain terms and address matters not included in the Initial IGA. To this end, this Agreement
replaces and supersedes the Initial IGA as of the Effective Date hereof.
II. CONSIDERATION
Now, therefore, in consideration of the Recitals set forth above which are incorporated
herein, and the covenants and conditions contained here, the Parties agree as follows.
III. TERMS AND CONDITIONS
1. Name and Purpose. The name of the District is the Estes Park Local Marketing
District. The purpose of the District is to promote the continued vitality of commercial business
areas within the Town and County.
2. Boundaries of Service Area. The Service Area is the geographical area described
and/or depicted on Exhibit “A” to this Agreement.
3. Powers. The powers of the District include those expressly set forth in C.R.S.
29-25-111 and 112 and those powers impliedly necessary to implement and carry out the express
powers, except as otherwise provided in this Agreement.
4. Elections.
4.1 Should the District seek or be required to submit any question to an
election, such election shall be held in accordance with Colorado Constitution Article X, Section
20, the Uniform Election Code of 1992, C.R.S. 1-1-101 et seq., and/or the Colorado Local
Government Election Code, C.R.S. 1-13.5 110 et seq., as applicable.
4.2 The Town Clerk and the County Clerk and Recorder shall assist the
District in conducting elections.
4.3 The District shall pay the costs incurred in conducting such election.
4.4 The Town Clerk shall be the designated Election Official for elections and
shall be responsible for the wording of the ballot issues and certifying the ballot issues to the
County Clerk and Recorder.
4.5 The County hereby delegates to the Town the authority to enter into the
agreement Concerning Election Services with the County Clerk and Recorder for purposes of
conduction an election as part of a coordinated General Election.
5. Board of Directors for the District.
5.1 Powers. The Board of Directors for the District shall have the legislative
power of the District and is authorized to implement and carry out the annual operating plan
approved by the Town and County.
5.2 Number. The Board of Directors shall be comprised of seven members.
5.3 Appointment. The Board of Directors shall be appointed by the County
and Town as follows:
5.3.1 The Town shall appoint five (5) members.
5.3.2 The County shall appoint two (2) members.
5.4 Term. A term for purposes of Board membership shall be four (4) years.
Terms shall be staggered so that two (2) members are appointed each year and one (1) member is
appointed in the fourth year.
5.5 Successors. Each member shall serve until his/her successor is appointed
by the Town or County respectively.
5.6 Term Limits. No member may serve for more than two (2) consecutive
terms. Notwithstanding the foregoing, the Town or County may waive the term limit in the
event that either the Town or County in their sole discretion determines that there are no
qualified applicants for a vacant Director position and an otherwise term limited Director wishes
to serve another term.
5.7 Residency. Each Director shall be a resident of the Service Area of the
District for at least one (1) year prior to his/her appointment and shall continue to be a resident of
the Service Area during his/her entire term.
5.8 Officers. The officers of the Board of Directors shall consist of a Chair
and a Vice-Chair. Each officer shall serve for one (1) year commencing with the first meeting in
January of each year. The Chair and Vice-Chair may serve for two (2) consecutive one-year
terms. The Chair and Vice-Chair shall be elected by the members of the Board of Directors.
The Vice-Chair shall serve as the Chair in the absence of the Chair.
5.9 Bylaws. The Board of Directors shall act in conformity with Bylaws
mutually adopted, and as may be amended from time to time, by the Town and County.
5.10 Quorum. Four (4) members shall constitute a quorum of the Board of
Directors. A majority of those members present at a meeting shall be necessary for the Board to
act.
5.11 Attendance. Members shall attend all meetings, including special
meetings. In the event any member is absent for three (3) consecutive regular meetings or a total
of four (4) regular meetings in a calendar year, the Town or the County may remove its
respective appointed member and designate a new member to fill the vacancy.
5.12 Vacancy. The Town or County shall fill a vacancy of one of its appointed
members as soon as practical.
5.13 Meetings. The Board of Directors shall hold regular meetings once each
month. The Board of Directors may hold special meetings as deemed necessary. Meetings of
the Board of Directors shall be subject to the provisions of C.R.S. 24-6-401 et seq. (Colorado
Sunshine Law) as applicable. The Board of Directors shall act by motion or resolution.
5.14 Removal. The members of the Board of Directors serve at the pleasure of
the Town and County and have no property or other enforceable interest in their appointment. A
majority of the collective governing members of the County and Town (i.e., six (6) members)
may remove any member of the Board of Directors or the entire Board of Directors with or
without cause.
6. Operating Plan
6.1 The District shall file with the Town and with the County no later than
September 30 of each year an Operating Plan specifically identifying services to be provided by
the District, any Marketing and Promotion Tax to be levied by the District, and such additional
information as may be appropriate or required to inform the Town and County as to the
activities, services, and funding of the District in the upcoming calendar year. The Operating
Plan shall include a proposed budget for the next fiscal year.
6.2 The Town, County or both may require the District to supplement the
Operating Plan or budget when necessary.
6.3 The Town and County shall approve, modify or disapprove the Operating
Plan within thirty (30) days after receipt of the Operating Plan and all requested documentation
relating thereto, but no later than December 5 of the year in which such documents are filed.
6.4 The services and financial arrangements of the District shall conform so
far as practical to the approved Operating Plan.
6.5 The District may amend the Operating Plan from time to time with the
approval of both the Town and County.
7. Duration and Dissolution of the District.
7.1 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.
7.2 Notwithstanding the foregoing, neither this Agreement nor the District
may be terminated, repealed or rescinded so long as the District has any outstanding financial
obligations.
8. Distribution and Division of District Assets.
8.1 In the event of termination of the District pursuant to this Agreement or by
order of any court having jurisdiction, all assets of the District shall be divided between the
Town and County based upon the percentage of marketing and promotion tax collected from the
Town and from the unincorporated area of the County in the previous calendar year to the extent
feasible.
8.2 In the alternative, such assets may be sold for the best price obtainable and
the proceeds divided between the Town and County based upon the percentage of marketing and
promotion tax collected from the Town and from the unincorporated area of the County in the
previous calendar year.
9. Notices.
9.1 All notices, demands or other documents required or desired to be given,
made or sent to the Town or County under this Agreement shall be made in writing and shall be
deemed effective upon mailing or personal delivery.
9.2 If mailed, said notices, demand or documents shall be mailed, by regular
mail, postage prepaid addressed as follows:
Town of Estes Park
Attn: Town Administrator
Post Office Box 1200
Estes Park, CO 80517
Board of County Commissioners of Larimer County
Attn: Chair
Post Office Box 1190
Fort Collins, CO 80522
10. Amendment. This Agreement may be amended in writing at any time by mutual
agreement of the Town and County.
11. Governmental Immunity. The Town and County agree that both Parties are
relying on and do not waive, by any provision of this Agreement, the rights, immunities and
protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as
may be amended from time to time, or otherwise available to the Parties or any of their officers,
agents or employees.
12. Current Year Fiscal Obligations. Any financial obligations by either the Town
or County or requirements for future appropriations shall constitute only currently budgeted
expenditures. Any financial obligations of the Town or County under this Agreement are subject
to each Party’s annual right to budget and appropriate the sums necessary to provide the services
set forth herein. No provision of this Agreement shall be construed or interpreted as creating a
multiple fiscal year, direct or indirect debt or other financial obligation of either or both Parties
within the meaning of any constitutional or statutory debt limitation. This Agreement shall not
directly or indirectly obligate either party to make any payments beyond those appropriated for
each party’s then current fiscal year. No provision of this Agreement shall be construed to
pledge or create a lien on any class or source of either Part’s monies, nor shall any provision of
this Agreement restrict the future issuance of either Party’s bonds or any obligations payable
from any class or source of such Party’s money.
13. Dispute Resolution.
13.1 Either the Town or the County may request mediation of any dispute about
or related to the terms and conditions of this Agreement. The request for dispute resolution shall
be submitted in writing to the other party.
13.2 The Town and County shall mutually agree on a mediator. If they are
unable to agree, the Town and County shall each select a mediator. The two mediators shall then
select mediator to conduct the dispute resolution.
13.3 The Town and County shall participate in the dispute resolution process in
good faith. The dispute resolution process shall be concluded within sixty (60) days of filing of
the request for dispute resolution. If the dispute is not resolved by this process, either or both
Parties may enforce the terms and conditions of this Agreement as provided in Section 14 of this
Agreement.
14. Enforcement. The Town and County intend that this Agreement is binding upon
both of them and that either of them shall be permitted to specifically enforce any provision of
this Agreement in a court of competent jurisdiction.
TOWN OF ESTES PARK, COLORADO
By: __________________________________
Attest:
___________________________________
Clerk to the Town Board
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By: __________________________________
Attest:
___________________________________
Clerk to the County Board
Approved as to form:
___________________________________
County Attorney
PUBLIC WORKSMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Mike Todd, PE, Project Manager (Cornerstone Engineering & Surveying)
Greg Muhonen, PE, Public Works Director
Reuben Bergsten, Utilities Director
Date: September 12, 2017
RE: Moraine Avenue Bridge Replacement Project Construction Contract
Objective:
The Public Works Department seeks approval of a construction contract with Structures
Inc., for the Moraine Avenue Bridge Replacement Project and the offsite utility
upgrades.
Present Situation:
In July, 2015, The Town applied for and received grant funding to improve the capacity
of the Moraine Avenue Bridge at the Riverwalk crossing. As Public Works developed
the scope and schedule of the project, it became apparent that management of a $2.0
million dollar bridge replacement in downtown Estes Park could require additional
project manager support for the duration of the project. Public Works received
additional grant funding for a consultant project manager, and in August 2016, the Town
contracted with Cornerstone Engineering and Surveying for these services.
In October 2016 the Town hired RockSol Consulting Group, Inc. to perform the design
engineering and prepare the construction bid documents for this project. Pending
approval of the Special Use Permit (SUP) from the Colorado Department of
Transportation (CDOT) and a Town of Estes Park Flood Plain Permit, this project is
ready to proceed to construction.
Proposal:
Four bids were received and opened on August 31, 2017. Pricing ranged from
$2,045,353.42 to $2,445,663.00. The Engineers Opinion of Costs was $2,277,228.
Construction of this project is proposed to start October 2, 2017 and be completed
before the Memorial Day weekend, 2018. Approval of this contract is needed tonight in
order to achieve these dates.
Advantages:
•Reduction of flood damage risk to downtown properties and building contents.
•Reduction in lost business revenue during closure for flood clean-up and repairs.53
•Improvement of the ultimate flow capacity at this bridge from 575 cfs to 1420 cfs.
•Coordination with utility companies for nearby buried line work reduces need for
future closures and traffic interruptions, and limits road closure to one winter
season when guest traffic is at the lowest seasonal level.
Disadvantages:
The closure of Moraine Avenue for several months will adversely impact vehicular traffic
and pedestrian traffic through the downtown business district. Detours for autos and
pedestrians will be required. Impacted businesses expect a loss in revenue during the
construction period. Accommodation for a temporary pedestrian bridge to connect
people with nearby businesses is included in this contract.
Action Recommended:
Public Works staff and the Project Manager recommend authorization to spend up to
$2,200,000 on this project. This consists of awarding a construction contract to
Structures, Inc., in the full bid amount of $2,045,353.42 and approval for staff to spend
an additional construction contingency amount not to exceed $154,000 (7.5%) if needed
for unforeseen conditions.
Budget:
This project is being funded by a $2 million Community Development Block Grant -
Disaster Recovery (CDBG-DR), Housing and Urban Development (HUD) and passed
through from the Colorado Department of Local Affairs (DOLA) then to the Division of
Homeland Security and Emergency Management (DHSEM). No local matching funds
are required by this grant. This project was approved in the 2017 budget, and includes
$240,000 for design and engineering and $1,760,000 for construction. The bid contract
price includes utility improvements of $103,462 paid by the Utilities Department. An
additional $181,891 is needed to supplement the grant award. This amount has been
requested from DHSEM as a grant increase. Should this request be denied, the Town
could use Open Lands trail funds (previously budgeted for the Fall River trail) to cover
this shortfall. Adding the recommended contingency funding ($154,000) would put the
Town contribution to $335,891 if no additional grant funding is obtained. This money
could be included in the 2018 budget for this project.
Level of Public Interest
Public interest is expected to escalate to a high level during the road closure. The level
of interest from the public attending meetings about this project has been low.
Sample Motion:
I move for the approval/denial of the construction contract with Structures, Inc., for the
Moraine Avenue Bridge Replacement Project in the amount of $2,045,353.42
contingent upon approval of the SUP by CDOT and the Town of Estes Park Flood Plain
Permit. Public Works staff is authorized to spend an additional 7.5% contingency of
$154,000 if needed for unanticipated changes encountered during construction.
Attachments:
Construction Contract, Area Map, Bridge Cross Section, Hydraulic Capacities Chart
54
Contract Documents
Moraine Avenue Bridge Replacement, DR2-EST-04
TOWN OF ESTES PARK
CONSTRUCTION
AGREEMENT
THIS AGREEMENT is effective as of the day of , 2017 by and between the
Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer
County, Colorado, 80517, (hereinafter called OWNER) and Structures, Inc. (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows: Moraine Avenue Bridge Replacement, DR2-EST-04
Work shall include removal and replacement of the concrete box culvert crossing Moraine Avenue at
Fall River: Including but not limited to, demolition, utility relocates, shoring, diversion of water and
dewatering, cast in place concrete box culvert, street scape, traffic and pedestrian control and paving.
Article 2. PROJECT MANAGER
The Project Manager shall be determined by the TOEP Public Works Department, and who is
hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIMES
The Work must be completed between October 2, 2017 and May 15, 2018 within substantial completion
and Moraine Avenue reopened to traffic by May 11, 2018 as agreed on between the Contractor and Owner,
with work starting no later than October 2, 2017 and ready for final payment in accordance with the General
Conditions subject to applicable laws regarding final payment.
The Contractor hereby agrees to commence work under this Contract as specified in a written “Notice
to Proceed” of the Owner. The Contractor further agrees to pay, as liquidated damages, in accordance
with the current Section 109.01 of the Colorado Department of Transportation Specifications. All quality
control shall be governed by Colorado Department of Transportation’s 2017 Standard Specifications for
Road and Bridge Construction.
Article 4. CONTRACTOR PRICE
OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit
prices times the quantities of work actually completed. Unit prices are those shown in the Proposal
and quantities of work actually completed will be determined by the PROJECT MANAGER.
55
Contract Documents
Moraine Avenue Bridge Replacement, DR2-EST-04
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed by the PROJECT MANAGER as provided in the General
Conditions.
5.1 Progress Payments; Retainage. OWNER shall make progress payments once per month per
the CONTRACT AGREEMENT
Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as recommended by PROJECT MANAGER, as
provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2
below.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made
and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in
accordance with the General Conditions.
a.Ninety-five percent (95%) of Work completed (with the
balance being retainage).
b.Ninety-five percent (95%) with the balance being retainage of
materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in the General Conditions).
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General
Conditions, OWNER will publicly advertise the Project Completion for two weeks. Should no liens
be officially posted the Owner shall pay the remainder of the Contract Price as recommended by
PROJECT MANAGER as provided in the General Conditions.
Article 6. INTEREST
Following settlement of any claims posted again this Contract; final payment will be made in accordance
with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in
Article 73 of the General Conditions shall bear interest at the rate of 10% per annum compounded
monthly.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any
Addenda(s)) and the other related data identified in the Bidding Documents including "technical
data".
7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general,
local, and site conditions that may affect cost, progress, performance or furnishing the Work.
7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and
design intent of the Work.
7.4 CONTRACTOR acknowledges he has met with the PROJECT MANAGER and has been in
correspondence with the Project Manager and has sought and received clarification of all issues
concerning construction and design.
7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely
completion of this project as illustrated by the plans, drawings, and specifications.
7.6 CONTRACTOR understands that he may make on-site layout and grading and construction
56
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Moraine Avenue Bridge Replacement, DR2-EST-04
modifications to achieve the desired intent. Such modifications/grading changes and layout cost
are already included in the Contract Documents.
7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based
Agreement, not to exceed $ 2,045,353.42 except for contract changes allowed, agreed, and
approved in writing.
7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a
final product acceptable to OWNER.
7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER and PROJECT MANAGER
from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses
incurred by the OWNER and/or PROJECT MANAGER related to such damages or claims) to the
OWNER and/or PROJECT MANAGER or claimed by third parties against the OWNER and/or
PROJECT MANAGER, arising directly or indirectly out of CONTRACTOR'S negligent
performance of any of the requirements, provisions, or services furnished under this Agreement.
7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect
the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary
for the performance of furnishing the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Article 11 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or data are or will be
required by the CONTRACTOR for such purposes.
7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing underground facilities at or contiguous to the site and
assumes responsibility for the accurate location of said underground facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or data in
respect of said underground facilities are or will be required by CONTRACTOR inorder to perform
and furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents, including specifically the provisions of the
General Conditions.
7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by PROJECT MANAGER is acceptable to CONTRACTOR.
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Contract Documents
Moraine Avenue Bridge Replacement, DR2-EST-04
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, consisting of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement.
1.CDBG-DR Public Infrastructure Program Required Procurement and Contract
Documents
2.SAM.gov Debarment Policy
3.HUD Davis Bacon Contractor Guide
4.HUD Debarment and Suspension Certification
8.3 Notice of Award
8.4 Notice to Proceed.
8.5 Invitation for Bids
8.6 Town of Estes Park Public Works General Conditions
8.7 Town of Estes Park Public Works Special Conditions
8.8 Labor Standards Provisions of the Contract
8.9 Addenda (s).
8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix)
8.11 Bid Bond
8.12 Contractor Qualification Statement
8.13 Performance & Payment Bond
8.14 Technical Specifications and Details.
8.15 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.16 Change Orders (post approval signatures)
8.17 Insurance Certificate, Business License, Tax Certification.
8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
All Written Amendments and other documents amending, modifying, or supplementing the
Contract Documents pursuant to the General Conditions.
The documents composing the Contract Documents are attached to this Agreement and made part
hereof (except as expressly noted otherwise above).
Contractors are required to comply with applicable federal, state, and local safety and health laws,
regulations and ordinances.
The Contract Documents may only be amended, modified, or supplemented as provided in the
General Conditions.
In case of conflicting provisions, requirements or discrepancies the order of application of the Contract
Documents is as follows:
1.Change Orders for clarification of drawings
2.This Agreement
3.Addenda
4.Drawings
5.Special Conditions
6.General Conditions
Article 9. MISCELLANEOUS
9.1 Reference to the General Conditions shall include modification thereto by any Supplementary
Conditions issued.
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Moraine Avenue Bridge Replacement, DR2-EST-04
9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in
conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or
benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive
benefit of OWNER and CONTRACTOR and not for the benefit of any other party.
9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.5 In the event of default of any of the provisions of this Agreement by either party which shall require
the party not in default to commence legal actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR
shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of
claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER
where the OWNER has paid such sums to the CONTRACTOR.
9.6 The OWNER has allocated sufficient funds to pay the contract price. PO# .
9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law
or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
9.8 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101, et
seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract or enter into a contract with a subcontractor that knowingly employs or contracts
with an illegal alien to perform work under this contract. The Contractor represents, warrants, and
agrees that:
·it (i) has verified that it does not employ any illegal aliens, through participation in
the Basic Pilot Employment Verification Program administered by the Social
Security Administration and the Department of Homeland Security,
·or (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I).
The Contractor shall comply with all reasonable requests made in the course of
an investigation by the Colorado Department of Labor and Employment. If the
Contractor fails to comply with any requirement of this provision or CRS 8- 17.5-
101, et seq., the Town may terminate this contract for breach of contract, and
the Contractor shall be liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under this contract
knowingly employs or contracts with an illegal alien, the Contractor shall:(a.) Notify the
subcontractor and the Town within three days that the Contractor has actual knowledge that the
036013
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Contract Documents
Moraine Avenue Bridge Replacement, DR2-EST-04
subcontractor is employing or contracting with an illegal alien; and (b.) terminate the subcontract
with the subcontractor if within three days of receiving the notice required pursuant to sub-
paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien,
unless the subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
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Moraine Avenue Bridge Replacement, DR2-EST-04
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and
PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or
identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their
behalf.
This Agreement will be effective as provided on the first page hereof.
TOWN OF ESTES PARK
By: By:
Title:
Title:
(If CONTRACTOR is a
Corporation, attach evidence of
authority to sign.)
Attest: Attest:
By: By:
Address for giving notices: Address for giving notices:
170 MacGregor Avenue
P. O. Box 1200
Estes Park, Colorado 80517
(970) 577-3586
61
Elkhorn Ave.Moraine Ave.Project Area130 Moraine125 MoraineFall RiverMoraine Avenue Bridge ReplacementLat 40.3755, Long -105.5236 NRockwell St.Wiest Dr.
62
Moraine Ave.
Post-Tensioned Top Slab
Existing StructureProposed Structure
8'-0"1'-9"9'-9"8'-6"1'-3"12'-6"6'-0"3'-6"3'-6"5'-0"8'-0"8'-0"
23'-0"
25'-0"
Varies 12'-0" to 16'-0"
STRUCTURE TYPICAL SECTION
Ped Low Flow Trail
Grade
Profile
CL
River
Fall Trail81-yr ws ultimate
18-yr ws initial
Prepared by:
9/7/2017
TYPICAL SECTION EXHIBIT
REPLACEMENT
MORAINE AVE. BRIDGE PedHigh Flow
Scale: 1" = 5'-0"
63
Table 1. Moraine Avenue Bridge Replacement: Structure Configuration Capacities
Structure Configuration
Structure Cross
Sectional Area
(sq-ft)
Flow Capacity with 1-foot of
Freeboard to Low Chord (cfs)
Maximum Flow Capacity
Prior to Inundation of
Moraine Ave. (cfs)
Existing Structure 106 575 925
Proposed Interim 129 750 850
Proposed Ultimate1 195 1420 1490
Notes:1. The currently Proposed Ultimate scenario utilizes the existing channel upstream and downstream of
the MABR project reach.
It assumes that Fall River improvements (channelization) to fully contain and pass the 100-year discharge
have not been completed.
MORAINE AVENUE BRIDGE HYDRAULIC CAPACITY
64
1
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on Resolution #24-17
Supplemental Budget Appropriation for 2017.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the budget.
Has any Trustee had any ex-parte communications concerning this budget
which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
budget. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the budget which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
budget.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Request Board consider a motion to continue the Public Hearing to the
December 13, 2016 Town Board meeting.
7. SUGGESTED MOTION.
2
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
FINANCE DEPT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: September 12, 2017
RE: Resolution # 24-17, Supplemental Budget Appropriations for 2017
Background:
This resolution amends the 2017 budget to include appropriations for items not included
in the original budget. These items include the PERA costs for dispatchers, on-call
costs for the dispatchers, utility work on the Moraine Ave bridge project, and various
other changes and reallocations.
Summary of Anticipated Revenue Adjustments:
There are a few changes in anticipated revenues associated with these items. The most
significant proposed changes are as follows:
a. Community Reinvestment Fund:
204-0000-391.91-01 Transfers In from General Fund - $10,000 Increase
Donation from the Friends of the Museum for the Museum remodel project
budgeted in the Community Reinvestment Fund
b. Open Space Fund:
220-0000-333.00-00 Federal Grant Revenue – $30,350 Decrease
Reallocation of grant to L&P and Water Funds for the Moraine Ave bridge
utility work
220-0000-334.10-00 State Grant Revenue – $730,769 Increase
Recognition of 2016 deferred grant revenues on Carriage Hills Dam
project collected in 2017
c. Light and Power Fund:
502-0000-333.00-00 Federal Grant Revenue - $1,355 Increase
Reallocation of grant revenue from Open Space Fund for the Moraine Ave
bridge utility work
65
d. Water Fund:
503-0000-333.00-00 Federal Grant Revenue - $28,995 Increase
Reallocation of grant revenue from Open Space Fund for the Moraine Ave
bridge utility work
e. Information Technology Fund:
625-0000-333.00-00 Federal Grant Revenue - $5,900 Increase
SIPA grant to install public Wi-Fi (Wapiti Wi-Fi)
Summary of Supplemental Appropriations:
The following summarizes the most significant appropriation changes:
a. General Fund: $275,000 Net Increase
Police Patrol Division - $30,000 Decrease
Regular Staff Wages - $33,500 Decrease
a. Reallocate from vacancy savings to help cover PERA dispatcher
costs
Employee Recognition - $3,500 Increase
a. Increase to cover employee awards dinner
Police Communications Division - $295,000 Increase
Regular Staff Wages – $45,750 Decrease
a. Reallocate from vacancy savings to help cover PERA dispatcher
costs and overtime increase
Overtime - $20,000 Increase
a. On-call costs underestimated in original budget
Employee Benefits - $320,000 Increase
a. Increase to cover PERA dispatcher costs
Employee Recognition - $750 Increase
a. Increase to cover employee awards dinner
Transfers Out - $10,000 Increase
Transfer to Community Reinvestment Fund – $10,000
a. Transfer donation from Friends of the Museum for use on the
museum remodel project budgeted in the Community Reinvestment
Fund
b. Community Reinvestment Fund: $22,380 Decrease
Engineering - $10,620 Decrease
Museum Collections Design - $10,620 Decrease
Building Remodeling - $ 3,240 Increase
Museum Remodel Project adjustment
Parking Garage - $15,000 Decrease
Reduction of excess to balance fund
c. Larimer County Open Space Fund: $200,000 Decrease
Capital – Walkways and Bikeways - $200,000 Decrease
Fall River Trail Extension
66
d. Emergency Response System Fund: $16,929 Increase
Communication Equipment - $5,000 Increase
Repair emergency radio antenna - $5,000 Increase
Capital – Communication equipment - $11,929 Increase
Acquire 4th dispatch console - $11,929 Increase
e. Light and Power Fund: $131,500 Increase
Capital – Underground Conductors - $131,500 Increase
Moraine Ave Bridge crossing electrical work - $131,500 Increase
f. Water Fund: $312,382 Increase
Professional Services – Other - $2,382 Increase
Correct meter reading fees charged to Water Fund by Electric Fund -
$2,382 Increase
Capital – Water System - $310,000 Increase
Moraine Ave Bridge crossing waterline work - $310,000 Increase
g. Information Technology Fund: $5,900 Increase
Capital – Data Processing Equipment - $5,900 Increase
Public internet Wi-Fi access (Wapiti Wi-Fi) - $5,900 Increase
Proposal:
Staff is seeking approval of the amendments to the 2017 budget and its accompanying
resolution with the modifications proposed above.
Advantages:
The Town will be able to complete this work and pay these costs as needed.
Disadvantages:
The disadvantage to not approving the supplemental budget for 2017 is that the Town
would not have budget authority to complete these items as planned.
Action Recommended:
Staff recommends approval of the 2017 supplemental budget appropriation resolution.
Budget:
The funds identified above will be impacted as a result of this amendment.
67
Level of Public Interest
There has been on public interest expressed about this budget amendment.
Sample Motion:
I move for the approval of Resolution 24-17 appropriating additional sums of money for the
Town of Estes Park for the budget year ended December 31, 2017.
Attachments:
Attachment A: Resolution No 24-17, Supplemental Budget Appropriations for 2017
Attachment B: Recap of Proposed Budget Adjustments
Attachment C: Summary of Anticipated Revenue Adjustments
Attachment D: Summary of Supplemental Appropriations
Attachment E: Summary of Budgeted Projects
68
Attachment A
RESOLUTION #24-17
SUPPLEMENTAL BUDGET APPROPRIATIONS FOR 2017
A RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY FOR THE
VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE
PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK,
COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF
JANUARY 2017 AND ENDING ON THE LAST DAY OF DECEMBER 2017.
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
annual budget in accordance with the Local Government Budget Law on December
13th, 2016; and
WHEREAS, over the course of the fiscal year ending December 31, 2017, the
projects and estimates included in the adopted budget have been revised to include
some additional projects; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair the operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the appropriations be increased by $519,331 for funds specified below and
these amounts are hereby appropriated from the additional revenue or available fund
balance of each fund.
Fund # Fund Name Original
Appropriations
Amendment Amended
Appropriations
101 General Fund 21,027,695 275,000 21,302,695
204 Community Reinvestment Fund 11,781,755 (22,380) 11,774,375
220 Larimer County Open Space Fund 2,404,997 (200,000) 2,204,997
236 Emergency Response System Fund 58,913 16,929 75,842
502 Light & Power Fund 19,895,987 131,500 20,027,487
503 Water Fund 6,791,575 312,382 7,103,957
625 Information Technology Fund 1,038,656 5,900 1,044,556
ADOPTED this 12th day of September, 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
69
Town of Estes ParkRecap of Proposed Budget AdjustmentsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017101204211220236238244260GENERAL FUNDCOMMUNITY REINVESTMENT CONSERVATION TRUSTLARIMER COUNTY OPEN SPACEEMERGENCY RESPONSECOMMUNITY CENTER TRAILS STREETRevenues, As Amended20,177,555$ 10,556,973$ 32,371$2,465,466$ 68,861$694,632$ 414,477$ 1,705,858$ Expenses, As Amended21,302,695 11,759,37532,716 2,204,99775,842694,632341,371 2,788,372Net(1,125,141) (1,202,402)(345)260,469(6,981)073,106(1,082,514)Estimated Beginning Fund Balance, 1/1/175,422,0861,206,84235,558(247,404)36,0131703,829 3,445,370Estimated Ending Fund Balance, 12/31/174,296,945$ 4,440$35,213$13,065$29,032$1$776,935$ 2,362,856$ Budget Restrictions - Nonspendable Prepaid Fund Balance45,00020.0%502503606612625635LIGHT & POWER WATERMEDICAL INSURANCE FLEETINFORMATION TECHNOLOGYVEHICLE REPLACEMENT TOTALRevenues, As Amended17,511,066$ 6,736,445$ 2,398,946$ 397,797$ 618,582$ 703,476$ 64,482,505$ Expenses, As Amended20,027,4877,103,9572,340,020407,6801,044,556407,483 70,531,183Net(2,516,421) (367,512)58,926(9,883) (425,974)295,993(6,048,679)Estimated Beginning Fund Balance, 1/1/178,330,241 6,723,761 148,107285,138626,722 1,026,878 27,743,142Estimated Ending Fund Balance, 12/31/175,813,820$ 6,356,249$ 207,033$ 275,255$ 200,748$ 1,322,871$ 21,694,463$ Attachment B70
Town of Estes ParkSummary of Anticipated Revenue AdjustmentsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Fund/DeptOriginal BudgetBudget Amendment #3Current Budget As Amended101 GENERAL FUND20,177,555 - 20,177,555 204 COMMUNITY REINVESTMENT 10,546,973 10,000 10,556,973 211 CONSERVATION TRUST32,371 - 32,371 220 LARIMER COUNTY OPEN SPACE1,765,047 700,419 2,465,466 236 EMERGENCY RESPONSE68,861 - 68,861 238 COMMUNITY CENTER694,632 - 694,632 244 TRAILS414,477 - 414,477 260 STREET1,705,858 - 1,705,858 502 LIGHT & POWER17,509,711 1,355 17,511,066 503 WATER6,707,450 28,995 6,736,445 606 MEDICAL INSURANCE2,398,946 - 2,398,946 612 FLEET397,797 - 397,797 625 INFORMATION TECHNOLOGY612,682 5,900 618,582 635 VEHICLE REPLACEMENT703,476 - 703,476 716 THEATER- - - TOTAL63,735,836 746,669 64,482,505 Attachment C71
Town of Estes ParkSummary of Supplemental AppropriationsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Fund/DeptOriginal BudgetBudget Amendment #3Current Budget As Amended101GENERAL FUND101-1100 Legislative214,619 ‐214,619 101-1200 Judicial53,889 ‐53,889101-1300 Executive415,339 ‐415,339 101-1400 Admin Svcs564,325 ‐564,325 101-1500 Finance539,068 ‐539,068 101-1600 Com Dev ( Planning)1,494,730 ‐1,494,730101-1700 Facilities1,189,774 ‐1,189,774101-1800 Employee Benefits181,990 ‐181,990 101-1900 CS grants993,822 ‐993,822 101-2100 Police2,998,351 (30,000) 2,968,351101-2155 Police - Communications979,756 295,000 1,274,756101-2175 Police - Comm Svcs324,442 ‐324,442 101-2300 Building Safety Divison765,916 ‐765,916 101-2400 Engineering898,356 ‐898,356 101-2600 Visitor Center410,828 ‐410,828 101-3100 Streets3,891,433 ‐3,891,433101-5200 Parks1,102,438 ‐1,102,438101-5304 Senior Center351,150 ‐351,150 101-5500 Events1,912,081 ‐1,912,081101-5600 Transportation442,476 ‐442,476 101-5700 Museum334,993 ‐334,993 101-9000 Transfers967,921 10,000 977,921 101GENERAL FUND21,027,695 275,000 21,302,695 Attachment D72
Town of Estes ParkSummary of Supplemental AppropriationsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Fund/DeptOriginal BudgetBudget Amendment #3Current Budget As Amended204COMMUNITY REINVESTMENT 11,781,755 (22,380) 11,759,375 211CONSERVATION TRUST32,716 - 32,716220LARIMER COUNTY OPEN SPACE2,404,997 (200,000) 2,204,997236EMERGENCY RESPONSE58,913 16,929 75,842238COMMUNITY CENTER694,632 - 694,632 244TRAILS341,371 - 341,371 260STREET2,788,372 2,788,372502LIGHT & POWER19,895,987 131,500 20,027,487 503WATER6,791,575 312,382 7,103,957606MEDICAL INSURANCE2,340,020 - 2,340,020612FLEET407,680 - 407,680 625INFORMATION TECHNOLOGY1,038,656 5,900 1,044,556635VEHICLE REPLACEMENT407,483 - 407,483 TOTAL ALL FUNDS70,011,852 519,331 70,531,183 Attachment D73
Town of Estes ParkSummary of Budgeted ProjectsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Project Name/Description Project Code ACCOUNT NUMBER 2017 Project Budget (After BA#2) 2017 Additional Request Total Project Budget After Amendment DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101‐1400‐414.37‐01165,554 ‐165,554 DOWNTOWN ESTES PARK NEIGHBORHOOD PLANDTDOLA 101‐1600‐416.22‐13193,627 ‐193,627 FLEET/STREETS ROOFFLROOF 101‐1700‐417.32‐22150,000 ‐150,000 PAINT EXTERIOR OF FISH HATCHERY RENTALSHPAINT101‐1700‐417.32‐2238,800‐38,800 TOWN HALL ROOFS ( ENGINEERING & PD WINGS)THROOF 101‐1700‐417.32‐2290,000‐90,000 TOWN HALL WINDOWS (CD & BS SIDE)THWIND 101‐1700‐417.32‐2270,000‐70,000 MPEC SERVER ROOM ACEC AC 101‐1700‐417.33‐3210,000‐10,000 SECURITY CAMERAS PHASE 2SECCAM 101‐1700‐417.33‐3226,000‐26,000 MORAINE AVE BRIDGEMORBRG101‐2400‐424.22‐02207,130 ‐207,130 STORMWATER MASTER PLANSTORM 101‐2400‐424.22‐02278,547 ‐278,547 SANDER REPLACEMENTS ‐ 2STSNDR 101‐3100‐431.34‐9816,000‐16,000 FISH CREEK ROAD REPAIRSFHWAFC 101‐3100‐431.36‐552,833,125 ‐2,833,125 JD CART 4X4ECCART 101‐5200‐452.34‐9810,000‐10,000 SANDER REPLACEMENT ‐ 1ECSNDR 101‐5200‐452.34‐9810,000‐10,000 REBUILD CENTER ARENA FOOTING AT EVENT CENTER ARNAFT101‐5500‐455.32‐22125,000 ‐125,000 TOTAL GENERAL FUND 4,223,783 ‐4,223,783 MUSEUM COLLECTIONS AND RESEARCH FACILITYMUSCOL 204‐5400‐544.22‐0281,100 (10,620) 70,480 MUSEUM REMODELMUSREM 204‐5400‐544.32‐027,380 (7,380) ‐MUSEUM REMODELMUSREM 204‐5400‐544.32‐22192,000 18,000 210,000 MUSEUM REMODELMUSREM 204‐5400‐544.32‐227,380 (7,380) ‐COMMUNITY DR ENGINEERING DESIGNCOMMDR 204‐5400‐544.35‐5150,000‐50,000 MORAINE AVE BRIDGEMORBRG 204‐5400‐544.35‐511,985,067 ‐1,985,067 DOWNTOWN PARKING PLANDTNPKG 204‐5400‐544.35‐5245,000‐45,000 PARKING GARAGECVBPRK204‐5400‐544.35‐528,315,942 (15,000) 8,300,942 DMS ELECTRONIC SIGNS US36/US34 DYNMSG 204‐5400‐544.36‐52181,960 ‐181,960 TOTAL COMMUNITY REINVESTMENT FUND 10,865,829 (22,380) 10,843,449 FISH CREEK TRAIL11CATG 220‐4600‐462.22‐021,463,707 ‐1,463,707 MORAINE AVE BRIDGEMORBRG 220‐4600‐462.22‐02225,067 ‐225,067 Attachment E74
Town of Estes ParkSummary of Budgeted ProjectsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Project Name/Description Project Code ACCOUNT NUMBER 2017 Project Budget (After BA#2) 2017 Additional Request Total Project Budget After Amendment SCOTT PONDS (CARRIAGE HILLS) DAMCDBGCH 220‐4600‐462.22‐0230,663‐30,663 FALL RIVER TRAIL EXTFRTRLX 220‐4600‐462.35‐60200,000 (200,000) ‐MACGREGOR AVE TRAILMCGRTR 220‐4600‐462.35‐60300,000 ‐300,000 IRRIG IMPR RIVERWALK US36 TO CHILDRENS PARKPRKIRR 220‐4600‐462.35‐6165,000‐65,000 IRRIG IMPROV LIBRARY, RIVERSIDE PARK & TREGENT PARKPRKIRR 220‐4600‐462.35‐6166,500‐66,500 VISITOR CENTER BIG T RIVERBANK STABILIZATION VCRVRB 220‐4600‐462.35‐6113,585‐13,585 TOTAL LARIMER COUNTY OPEN SPACE FUND 2,364,522 (200,000) 2,164,522 4TH DISPATCH CONSOLE PROJECTDCCONS 236‐3600‐436.33‐31‐11,929 11,929 TOTAL EMERGENCY RESPONSE SYSTEM FUND‐11,929 11,929 MACGREGOR AVE NORTH OF WONDERVIEW IMPROVEMENTS MCGRTR 244‐3400‐434.36‐60250,000 ‐250,000 FALL RIVER TRAIL FRTRL 244‐3400‐434.36‐6091,371‐91,371 TOTAL TRAILS FUND 341,371 ‐250,000 FLAP/RAMP ESTIMATED COSTSFLAP 260‐2000‐420.22‐02567,271 ‐567,271 GENERAL ENGINEERING AND DRAINAGE DESIGN WORKGENENG260‐2000‐420.22‐0270,000‐70,000 MACGREGOR AVE IMPROVEMENTSMCGRTR 260‐2000‐420.35‐51‐800,000 800,000 DRY GULCH ROAD REBUILDDRYGUL 260‐2000‐420.35‐51293,748 (64,000) 229,748 TOTAL STREET FUND 931,019 736,000 1,667,019 PARKING GARAGECVBPRK 502‐6301‐540.25‐3320,000‐20,000 OFFICE EQUIPMENTEQUIP 502‐7001‐580.33‐327,000‐7,000SERVER FOR METERING ‐ AMIMTRSVR 502‐7001‐580.33‐3325,000‐25,000 TRANSFORMER PURCHASESTRANSF502‐7001‐580.33‐35112,052 ‐112,052 SMART METER PURCHASESSMTMTR 502‐7001‐580.33‐3625,000‐25,000 NONSPECIFIC TOOLSEQUIP 502‐7001‐580.33‐4110,000‐10,000 UTILITY TRUCK‐1 TON ‐ New Addition to FleetTRUCKS 502‐7001‐580.33‐9850,000‐50,000 STREET LIGHTING, POLES & FIXTURESLIGHTS 502‐7001‐580.35‐55135,497 ‐135,497 2017 ELECTRIC LINE REBUILDS LRBLDS 502‐7001‐580.35‐57200,000 ‐200,000 Attachment E75
Town of Estes ParkSummary of Budgeted ProjectsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Project Name/Description Project Code ACCOUNT NUMBER 2017 Project Budget (After BA#2) 2017 Additional Request Total Project Budget After Amendment ALLENSPARK CIRCUIT UNDERGROUND WORKAP2016 502‐7001‐580.35‐58323,206 ‐323,206 2017 UNDERGROUND LINES WORKLRBLDS 502‐7001‐580.35‐58543,450 ‐543,450 FISH CREEK PHASE II UNDERGROUND LINES FISHC2 502‐7001‐580.35‐58264,217 ‐264,217 BROADBAND PROJECTBB0001 502‐7001‐580.35‐661,092,206 ‐1,092,206 MIDDLE MILE FIBER TO ALENSPARK/LITTLE VALLEYAP2016 502‐7001‐580.35‐66532,483 ‐532,483 AR & CLICK‐TO‐GOV UTILITY BILLING MODULESUBPRTL 502‐7001‐580.37‐0176,027‐76,027 TOTAL LIGHT & POWER FUND 3,416,138 ‐3,416,138 BUILDING WORK AT GLACIER PLANTGPBLDG 503‐7000‐580.32‐22215,000 ‐215,000 SCADA UPGRADES AT GLACIER WTPGPSCAD 503‐7000‐580.33‐36117,990 ‐117,990 VARIOUS LAB EQUIPMENTEQUIP 503‐7000‐580.33‐375,500‐5,500FEEDER REPLACEMENTWTFEED 503‐7000‐580.33‐4017,000‐17,000 STORAGE TANK MIXERWTMISR 503‐7000‐580.33‐4012,000‐12,000 VARIOUS EQUIPMENTWTEQIP 503‐7000‐580.34‐42129,000 ‐129,000 NCWCD SUBDISTRICT WATER RIGHTS (INCLUSIONS) NCWTR 503‐7000‐580.35‐5441,400‐41,400 PRV VAULT METERINGPVRMTR 503‐7000‐580.35‐5416,000‐16,000 WATERLINE REPLACEMENT PROJECT ‐ 201717WTRL 503‐7000‐580.35‐54401,370 ‐401,370 PEMPWCo SYSTEM DESIGN & CONSTRUCTIONPEMPWC 503‐7000‐580.35‐54‐1,187,000 1,187,000 REDUNDANT WATER SOURCE ‐ BIG THOMPSON WATER RIGHTSWTRABT503‐7000‐580.35‐54‐100,000 100,000 TOTAL WATER FUND 955,260 1,287,000 2,242,260 PUBLIC ACCESS WIFI PROJECTSIPA17 625‐2500‐425.33‐33‐5,9005,900ALLENSPARK NETWORK GEARAPNETW 625‐2500‐425.33‐988,000‐8,000FIBER SWITCH GEAR TO LONGMONTNETWRK 625‐2500‐425.33‐9815,000‐15,000 FIREWALL VLAN ENHANCEMENTNETWRK 625‐2500‐425.33‐985,000‐5,000NEW NETWORK SERVERNETWRK 625‐2500‐425.33‐9820,000‐20,000 NEW NETWORK SWITCHESNETWRK 625‐2500‐425.33‐985,000‐5,000PRPA RING SWITCHES/GEAR FOR NEW CIRCUIT NETWRK625‐2500‐425.33‐9815,000 ‐ 15,000 TOTAL INFORMATION TECHNOLOGY FUND 68,0005,900 73,900 Attachment E76
Town of Estes ParkSummary of Budgeted ProjectsFor Year Ended 12-31-2017Resolution 24-17As of Sept 12, 2017Project Name/Description Project Code ACCOUNT NUMBER 2017 Project Budget (After BA#2) 2017 Additional Request Total Project Budget After Amendment EVENTS G‐123 06 BOBCAT 2200 4X4G‐123 635‐7000‐435.34‐4219,000 ‐ 19,000 L&P 93323A 06 FORD F‐550 4X493323A 635‐7000‐435.34‐4259,666‐59,666 PARKS G‐60A FORD F‐550 4X4G‐60A635‐7000‐435.34‐4285,603‐85,603 POLICE G‐78B 09 DODGE CHARGERG‐78B 635‐7000‐435.34‐4232,000‐32,000 STREETS G‐63A 08 FORD F‐550 4X4G‐63A 635‐7000‐435.34‐4275,000‐75,000 STREETS G‐75B 06 GMC K3500 4X4G‐75B 635‐7000‐435.34‐4233,885‐33,885 WATER TRUCK BEDS FOR 2 TRUCKS ‐ 9032C & 9033BBD9032 635‐7000‐435.34‐4240,000‐40,000 L&P FORK LIFT REPLACEMENTS ‐ 2 ‐ 93387A & 93388A93387A 635‐7000‐435.34‐4262,329‐62,329 TOTAL VEHICLE REPLACEMENT FUND 407,483 ‐407,483 TOTAL PROJECT RECAP 23,573,405 1,830,378 25,403,783 Attachment E77