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HomeMy WebLinkAboutPACKET Town Board 2016-10-25The 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, October 25, 2016 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. Policy 3.3 Governance Report. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 11, 2016 and Town Board Study Session October 11, 2016. 2.Bills. 3. Committee Minutes. A. Public Safety, Utilities & Public Works Committee, October 13, 2016. 1. Membranes Replacement at Mary’s Lake Water Plant, $120,000 Unbudgeted. 4. Audit Committee Minutes dated October 12, 2016. 5. Transportation Advisory Board Minutes dated September 21, 2016 (acknowledgment only). 6. Parks Advisory Board Minutes dated September 16, 2016 (acknowledgement only). 7. Estes Valley Planning Commission Minutes dated September 20, 2016 (acknowledgement only). 8. Acceptance of Policy Governance Compliance Report 3.3. Prepared 10/14/16 * Revised: 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. REPORT AND DISCUSSION ITEMS (outside entities): 1.ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.CONSENT ITEMS: A. FALL RIVER VILLAGE SUPPLEMENTAL CONDOMINIUM MAP #1. Item continued by staff to November 22nd. 4. ACTION ITEMS: 1.APPEAL OF PLANNING COMMISSION APPROVAL OF DEVELOPMENT PLAN 2016-04, HABITAT FOR HUMANITY & SALUD CLINIC. 2.2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND SINGLE AUDIT. Finance Director Hudson. 3.MORAINE AVENUE BRIDGE REPLACEMENT ENGINEERING DESIGN CONTRACT. Manager Ash. 4.RESOLUTION #19-16 ESTES PARK LOCAL MARKETING DISTRICT 2017 BUSINESS AND OPERATING PLAN. Town Administrator Lancaster. 5.RESOLUTION #20-16 SUPPORTING FUNDING FOR THE NATIONAL PARK SYSTEM. 6.DOWNTOWN PLAN APPOINTMENT AND INTERVIEW TEAM. Town Clerk Williamson. 5.ADJOURN. 2 MEMORANDUM DATE: October 25th, 2016 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.3) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. Policy 3.3, Financial Planning and Budgeting requires quarterly reporting of compliance in April, July, October and January. Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. ________________________ Frank Lancaster Town Administrator 3 3.3.1. The Town Administrator shall not allow budgeting which deviates from statutory requirements. Interpretation – I interpret this to mean that I our budgeting practices and policies comply with all State statutory requirements that are applicable to statutory Colorado towns. Compliance with the policy will be achieved when: There are no deviations in our practices and policies in violation of State Statutes Evidence: 1.The annual independent audit 2.The Comprehensive Annual Financial Report 3.All policies are reviewed for compliance with State Statutes by the Town Attorney. 4.State Department of Local Government has not issued any non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under statute. Report: I report compliance 3.3.2. The Town Administrator shall not allow budgeting which deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Interpretation – I interpret this to mean that the annual budget, as adopted by the Board of Trustees, is the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in diverting resources away from any Board objective, goal or outcome substantial enough to contribute to not achieving the objective, goal or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands and unforeseen circumstances outside of the Town’s control, as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: 1.The adopted budget was prepared based on the Board stated priorities. 2.Any substantial budget changes have been presented to the Board for review and approval. 3.HTE Budget reports for each department are available on a regular basis or as 4 requested. Report: I report compliance 3.3.3. The Town Administrator shall not allow budgeting which contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. Interpretation – I interpret this to mean the budget, as recommended by the Town Administrator, must be based on credible data and the best available information concerning the local economy and other factors that may impact our revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projects will be conservative and it is more critical not to overestimate revenues vs underestimating revenues. Compliance with the policy will be achieved when: 1.Revenue projections are clear and deviations between projected an actual revenues are within a 5-10%, barring any catastrophic events. 2.Actual revenue are not less than projected. 3.The Budget presented to the Board for adoption is in a format the separates revenues, expenses and capital expenditures. 4.Any assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1.Currently our sales tax revenue to date is 8.89 % higher than in 2015 and 4.89 % higher than projected. 2.Current revenue is not less than projected. 3.The current budget and proposed budget are both presented in the format that separates revenues, expenses and capital. 4.Assumptions leading to the projects were discussed with the Board during budget review sessions. Report: I report compliance 3.3.4. The Town Administrator shall not allow budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Interpretation – I interpret this to mean that the proposed budget must be balanced. This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board approved use of fund balances, and use of funds that have 5 been accumulated over a period of time, with the approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria and year end expenses do not exceed year end revenues, inclusive of any board approve spending of fund balance or specific reserve funds. Evidence: 1.The adopted budget and the CAFR document that I have not allowed budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Report: I report compliance 3.3.5. The Town Administrator shall not allow budgeting which reduces fund balances or reserves in any fund to a level below that established by the Board of Trustees. Interpretation – I interpret this to mean that I the audited year end unrestricted fund balance in the General Fund does not drop below 20% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 20% level, I interpret this as being authorized by the Board. (This interpretation will be modified if the Board adopts a cash reserve minimum policy in the future. Staff will be bringing options for such a policy forward in the near future for Board consideration, as directed in the September study session.) Compliance with the policy will be achieved when: 1.The final CAFR indicates that a general fund fund balance of 20% or greater, or as otherwise approved by the Town Board. 2.The proposed budget anticipates an end of year fund balance in the General Fund of 20% or greater unless otherwise approved by the Town Board.. Evidence: 1.The 2015 CAFR shows a 22.3% fund balance at the end of 2015 2.The 2016 budget anticipates a 19.7% fund balance at the end of 2016 3.The proposed 2017 budget anticipates a 27.3% fund balance at the end of 2017 Report: I report compliance 3.3.6. The Town Administrator shall not allow budgeting which Fails to maintain a Budget Contingency Plan capable of responding to significant 6 shortfalls within the Town’s budget. Interpretation – I interpret this to mean that I must prepare the budget, maintain a fund balance of 20% or more in the general fund, and adequate fund balances in all enterprise funds, including the required TABOR reserve. Compliance with the policy will be achieved when: 1. The final CAFR indicates that a general fund fund balance of 20% or greater. 2. The proposed budget anticipates an end of year fund balance in the General Fund of 20% or greater. Evidence: 1. The 2015 CAFR shows a 22.3% fund balance at the end of 2015 2. The 2016 budget anticipates a 19.7% fund balance at the end of 2016 3. The proposed 2017 budget anticipates a 27.3% fund balance at the end of 2017 Report: I report compliance 3.3.7. The Town Administrator shall not allow budgeting which fails to provide for an annual audit. Interpretation – I interpret this to mean that I must ensure that the Town completes an independent audit annually. Compliance with the policy will be achieved when: The audit is complete and presented to the Town Board. Evidence: 1. The 2015 Audit has been completed and the CAFR prepared and submitted to the State of Colorado. Report: I report compliance 3.3.8. The Town Administrator shall not allow budgeting which fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Interpretation – I interpret this to mean that I cannot take any action that will result any negative impact on the Town’s bond rating. This includes, maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: 1. I am in compliance with 3.3.5 2. Required bond coverage ratios are met. 7 Evidence: 1. The general fund year end fund balance is greater than 20% 2. The required Bond coverage ratio is 125%. Our current coverage is 422%. Report: I report compliance 3.3.9. The Town Administrator shall not allow budgeting which results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. Interpretation – I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow the reduction in staffing without Board approval and any positions or partial positions funded by grants or any temporary positions for which existing budgeted funds are allocated may be filled without prior approval of the Board. Compliance with the policy will be achieved when: No new positions or expansion of positions are approved and hired without approval of the board, with the exceptions noted above. Evidence: 1. All positions are indicated in the adopted and proposed budgets and no unapproved positions are shown. Report: I report compliance 8 Town of Estes Park, Larimer County, Colorado, October 11, 2016 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day of October, 2016. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ron Norris Cody Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Trustee Ward Nelson Mayor Jirsa called the meeting to order at 6:00 p.m. to consider entering into Executive Session REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Norris) to enter Executive Session for a conference with the Town Attorney for the purposes of receiving legal advice on specific legal questions per Section 24-6-402(4)(b), C.R.S., and it passed unanimously. The Board entered Executive Session at 6:00 p.m. and concluded at 6:45 p.m. The Board recessed. Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Art Messal/Town citizen questioned the general efficiency of the government’s involvement with local entities such as the Economic Development Council, the Estes Valley Partners for Commerce, etc. The Town should evaluate the interactions and value with each group. He commented the Town should evaluate the value of studies as well. TRUSTEE COMMENTS. Trustee Holcomb provided an update on the Transportation Advisory Board (TAB) meeting in which they discussed recommendations to the Board, including the approval of the parking garage financing for Phase II, approval of the Loop, and implementation of paid parking in the downtown parking lots. The next TAB meeting would be held on October 19, 2016 at noon. Mayor Pro Tem Koenig thanked the citizens that attended the Waste shed meeting held at the library. The committee continues to hold meetings at the other Larimer County communities to receive input and encourage different approaches such as composting in Fort Collins. The committee recognizes Estes Park has challenges separate and distinct from the other communities such as wildlife, environment and visitor population. Trustee Walker commented the Town received five applications for the Town appointed position on the Local Marketing District Board. The Board has submitted their 2017 Operating Plan for the Town Board’s review and approval at the October 25, 2016 meeting. DRAFT9 Board of Trustees – October 11, 2016 – Page 2 Trustee Norris thanked the citizens that took the time to provide input and complete the citizen survey. The Estes Valley Planning Commission would meet on October 18, 2016 to continue discussions on ADUs. Mayor Jirsa requested approval from Attorney White to discuss the topic of the Executive Session with the community and suggested he provide an overview of the discussion. Attorney White stated the TABOR amendment of 1992 requires a taxing entity proposing a tax must estimate the taxes to be collected in the first full year of collection and further stated any tax revenues collected in excess must be refunded. The City of Fort Collins recently placed a ballot issue on the November election ballot to request the revenues collected in excess should be retained by the City and not refunded. The Town voters passed the 1A sales tax increase in 2014 and exceeded the estimated revenues of $2 million established in the TABOR notice by $418,000. Later voter approval was not defined in the amendment and may occur at any time after the issue of exceedance of the estimate has been determined. TOWN ADMINISTRATOR REPORT. Administrator Lancaster stated the Larimer County Health department received a grant to promote and expand the Communities that Care program throughout the County. The County has requested a member of the Board to join the advisory Board. Trustee Holcomb volunteered to be the Board’s representative. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 27, 2016 and Town Board Study Session September 27, 2016. 2. Bills. 3. Committee Minutes. a. Community Development/Community Services Committee Minutes dated, September 22, 2016. 4. Estes Valley Board of Adjustment Minutes dated September 13, 2016 (acknowledgement only). 5. Revising Town Board Policy 101 – Board Assignments to remove the Creative Art District appointment. It was moved and seconded (Holcomb/Martchink) to approve the Consent Agenda Items, and it passed unanimously. 2. ACTION ITEMS: 1. TRANSIT FACILITY PARKING STRUCTURE. Finance Officer Hudson reviewed the RFP issued to fund Phase II of the parking facility located south of the Visitor Center to establish an additional 202 parking spaces through a lease purchase agreement utilizing the golf course as collateral. The Town received two proposals by the deadline. After evaluation of the proposals, Saulsbury Hill Financial was selected as the best option with a proposed loan of $4.5 million at 2.99% fixed rate for 15 years with an annual payment of $377,000 and no early payoff penalty. The Town would be responsible for all fees and costs to perfect the security interest and reimburse the lender up to $18,000 in direct legal costs should the Town not complete the loan process. Existing General Fund revenues would be used for the annual payment through the redirection of the STIP funds of approximately $435,000 dedicated to street and transportation improvements. Postponing the construction of the final Phase Two could cost the tax payers several million dollars over the cost to do it now while interest rates are low and construction costs are cheaper. Deferral would require another disruption caused by closing DRAFT10 Board of Trustees – October 11, 2016 – Page 3 down the parking structure during future construction. The current construction inflation rate is 4% to 7% annually. Staff estimates the Town would have to divert the STIP funds of $435,000 for approximately 26 years in order to pay for Phase II rather than finance the project. Due to restrictions and limitations in the Special Use Permit from the Bureau of Reclamation, the parking structure itself was not eligible to be used as collateral for financing. In researching funding options with lenders, three critical characteristics guided and narrowed options for selecting collateral, including sufficient value to cover the amount of the financing, clear title with no current liens or encumbrances on the asset and the absence of an alternative use for the asset that would be hindered if encumbered. Upon review of Town assets, the 18-hole golf course was the only single asset meeting all three criteria. Placing a lien on the golf course limits the Town’s future use of the property as collateral for other unknown projects. In the event a future Town Board decides to not budget for the repayment of the loan the golf course would be forfeited to the lender. Those speaking against the financing of the project were heard from Bob Butler/Town citizen and Ted Williams/County citizen. Comments have been summarized: concern was raised on the use of the golf course as collateral and the need to have a secure and adequate source of funds to repay the loan; concerned the community would go in debt for a parking garage; a loss of an asset such as the golf course would be a disservice to the community; and during the 1A sales tax election the Town committed the $435,000 would be used to improve roadways and now the funds are being diverted. Those speaking in favor of financing the project including Bill Pinkham/Town citizen, Christy Crosser/Pinewood Springs resident, Tony Schetzle/Town citizen, Michelle Hiland/Town citizen, Art Messal/Town citizen, Kent Smith/Town citizen, and Kimberly Campbell/Transportation Advisory Board Chair. Comments heard have been summarized: the additional Phase would address a huge shortage of parking in the community and help the Town meet the needs outlined as the number one issue by guests; by financing the project now the Town would realize efficiency and effectiveness in completing the project during one construction phase; no concern utilizing a Town asset, the golf course, to finance this important project; the project would begin to address the traffic flow issues with the approval and completion of the Loop project to meet the Town’s strategic goals; the project would support sustainable tourism which funds the Town; the TAB continue to be supportive of the financing option to complete both Phase I and Phase II at one time; the additional parking spaces should provide additional sales tax to pay for the parking structure; and the interest rates are anticipated to increase by the end of the year and continue to increase each quarter for the next 2 years, therefore, the cost of the project would continue to increase if the Town waits to construct Phase II at a later date. Trustee Holcomb stated the likelihood the Town would default on the loan would be fairly small and the property could not be converted to condominiums without first completing the development process. He would be supportive of a lease purchase financing agreement utilizing the golf course as collateral. Trustee Walker commented concern with the rising cost of construction; however, he would not support the Town incurring debt to complete the project. Trustee Martchink stated the Town has an adequate funding source and a consistent funding stream to finance the parking structure. The project would be vital to the community in addressing the parking needs of Estes Park. Trustee Norris recognized parking as a key part of the Town’s strategic plan and the completion of the project in one phase would be cheaper, faster and better for the community. The return on investment for the community would DRAFT11 Board of Trustees – October 11, 2016 – Page 4 be significant. He stated concern with not moving forward and the potential of the project never being complete if the Town does not move forward now. Mayor Pro Tem Koenig commented the Town has significant deferred maintenance and has been discussing funding mechanisms to address the issue. She stated the proposed project and financing option presented would be fiscally sound and the 1A funds have eliminated the Town’s need to save for years to complete large road projects such as Dry Gulch. She would be supportive of moving forward. Mayor Jirsa stated voters were told the current STIP funds of $435,000 would be allocated toward road improvements if the 1A sales tax was approve. He would not support the use of these funds to pay back the loan for the parking structure. He further stated concern on creating a lack of voter trust with the approval to use the funds for a parking structure rather than further street improvements. It was moved and seconded (Holcomb/Norris) to award the financing to Saulsbury Hill Financial contingent upon development of mutually acceptable documentation using the golf course or other acceptable assets as collateral with reimbursement of up to $18,000 in legal fees if the Town Board turns down the final negotiated financing arrangement, and it passed with Mayor Jirsa and Trustee Walker voting “No”. Walker Parking Design Consultant Change Order for Phase II. Director Muhonen stated the Town contracted with Walker Parking Consultants to design a parking garage in the parking lot of the Visitor Center in 2013. Since that time the Public Works department obtained the approval by the Town and the Bureau of Reclamation to move the parking garage to the south parking lot adjacent to the Visitor Center requiring additional services from Walker Parking Consultants in the amount of $300,000 for new design drawings. With the approval to move forward with Phase II of the parking structure, staff requested an additional change order to completed the design of Phase II at a cost of $153,030. It was moved and seconded (Norris/Holcomb) to approve a Change Order to extend the Walking Parking Consultants design services contract through December 31, 2017 and increase the price to $1,122,117, contingent upon the terms and conditions described in the staff memo, and it passed with the Mayor Jirsa and Trustee Walker voting “No”. 2. 2017 STRATEGIC PLAN. Administrator Lancaster present the Board with the final 2017 strategic plan for adoption. He stated the Board held a retreat earlier in the year and several drafts of the document have been reviewed by the Board. The plan provides a basis for everything the Town staff completes and should tie back directly to one of the outcome areas outlined in the plan. Art Messal/Town citizen commented the Board should use the plan as the Town’s strategy and question how the item on the list fit together, how does it impact the visitor experience, and stated the plan is missing a vision. It was moved and seconded (Holcomb/Norris) to approve the 2017 Strategic Plan, and it passed unanimously. 3. FPPA RETIREMENT PLAN OPTION FOR SWORN POLICE OFFICERS. Director Williamson stated the sworn Police Officers currently have a defined contribution, 401(a) pension replacement plan, through ICMA-RC because they are covered by the Statewide Death and Disability Social Security Supplemental Plan (SWD&D-SS) through FPPA. The passage of Senate Bill 15-028 in 2015 requires entities covered under the SWD&D-SS to affiliate with FPPA for retirement, a Social Security supplemental defined benefit plan, by December 31, 2016 in order to maintain the Death and Disability coverage. DRAFT12 Board of Trustees – October 11, 2016 – Page 5 The state statute requires a vote of the membership with a 65% approval in order to establish FPPA retirement. If the vote fails, the sworn Police Officers would lose their Death and Disability coverage through FPPA and the Police Officer retirement plan would remain with ICMA. The Officers would continue to be covered by the Town’s standard AD&D policy provided to all Town employees. In order to maintain parity among the retirement plans for both sworn Police Officers, PERA covered employees and Management employees the following has been proposed for the FPPA retirement option: Sworn Police Officer would continue to contribute a total of 8% into their retirement plans; i.e. 6% into FPPA Statewide Defined Benefit Social Security Supplemental Plan (SWDB-SS) and 2% into the ICMA-RC defined contribution fund; the Town to contribute 4% to the FPPA Statewide Defined Benefit Social Security Supplemental Plan (SWDB-SS), the Town to contribute 8.35% into the ICMA- RC defined contribution fund; and maintain the SWD&D-SS at 2.7% in 2017 with the cost split 50/50 with the employees. This allows the Town to contribute more to their ICMA retirement accounts while maintaining the same contribution levels to all retirement plans. Sergeant Life stated the sworn Police Officer would be losing a benefit of 2.7% with the benefit package outlined for FPPA retirement just to bring the Police retirement in line with the other retirement plans. Director Williamson stated the Police Officer would have a reduction in the overall retirement and Death and Disability benefit package; however, a survey of the other entities in the Front Range demonstrated the Town offers the richest retirement plan and Death and Disability plan compared to its competitors. She also reiterated the Town has had a richer plan with the inclusion of Social Security and the Death and Disability through FPPA. The law requires a municipality to have Social Security or affiliate with FPPA for Death and Disability. If the Police Officers vote to stay with ICMA and forego the Death and Disability coverage with FPPA, they would still be covered by Social Security and the Town’s AD&D plan.s It was moved and seconded (Holcomb/Koenig) to approve the Fire and Police Pension Association retirement plan option as outlined and to make any adjustments needed to the percentages at the time FPPA or PERA increases or decreases percentages, and it passed with Mayor Pro Tem Koenig voting “No”. 3. REPORTS AND DISCUSSION ITEMS: 1. 2016 CITIZEN SURVEY RESULTS. Public Information Officer Rusch provided an overview of the scientific results of the survey. The survey was mailed to a random sampling of 1,500 households within Town limits with 701 households responding. The overall quality of life and Estes as a place to live continue to rate high. Key community characteristics included a similar rating for overall image, a decrease in neighborhood, a decrease in a place to retire, and a similar rating on overall appearance. A top priority for the community continues to be the economy with the Town receiving the same ratings as 2014 for a place to visit, a vibrant downtown, shopping opportunities, and businesses and services available. Another key issue addressed was the quality of the natural environment and the importance and positive feature of the community as it relates to overall environment, air quality, cleanliness and drinking water. The Town also received high marks as it related to overall quality of services provided and customer services of the employees. 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Holcomb) to enter into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or DRAFT13 Board of Trustees – October 11, 2016 – Page 6 instructing negotiators regarding the Conference Center per Session 24-6- 402(4)(e) C.R.S., and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:00 p.m. to enter into Executive Session. Mayor Jirsa reconvened the meeting to open session at 9:12 p.m. Whereupon Mayor Jirsa adjourned the meeting at 9:12 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk DRAFT14 Town of Estes Park, Larimer County, Colorado October 11, 2016 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 11th day of October, 2016. Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Nelson, Norris and Walker Attending: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Norris and Walker Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, Manager Fraundorf, and Town Clerk Williamson Absent: Trustee Nelson Mayor Jirsa called the meeting to order at 4:30 p.m. PUBLIC ACCESS TO TRUSTEE E-MAILS. Manager Fraundorf provided an overview of the process used by the City of Fort Collins, City of Loveland and Larimer County for public access to Council and Commissioner emails. Each entity has a different approach that ranges from no staff involvement to an employee reviewing and releasing each email. Those using the software only approach have identified filters, i.e. key words to filter out emails that are not released for viewing; however, the subject line would be displayed regardless of the nature of the email which could be confidential, deliberative, etc. The Loveland website provides instructions to the public on how to keep their emails private to the Council, which the Town may consider adding if the Board moves forward with public access to the Board’s emails. He stated the pros to implementing the software include the relatively short implementation timeframe, low cost of $2,000/year for up to ten email accounts, and robust search capability. The cons would include the public contacting Town staff for assistance on using the software, misspellings would allow inappropriate emails to be viewed, time involved in removing inappropriate emails, public access to all subject lines, and the public may have the expectation that an email would remain private or confidential. Discussion followed and has been summarized: Mayor Pro Tem Koenig questioned the goal of the software, i.e. to free up staff time to complete open records requests and stated concern the public would not communicate as readily with the Board; Mayor Jirsa stated public access to Trustee email would send the message the Board wants an open and transparent government and other governmental entities are currently providing public access to Board emails; Trustee Walker stated no concern with allowing public access to his emails, however, he stated concern that some constituents may not be as willing to communicate if their emails would be public, thereby decreasing communication with the Board; Trustee Norris requested additional information on the other community’s experience with the software, impact on workload, and if the entity has found it beneficial; and Trustee Martchink stated he supports the message the public access would send; however, the emails are accessible through the open records act and would not be supportive of expending funds on the software. After further discussion, the Board consensus was to move forward with an in house test of the software for a couple of months, review the software and determine the continued use and release to the public. 15 Town Board Study Session – October 11, 2016 – Page 2 EVALUATE TOWN ATTORNEY AND THE MUNICIPAL JUDGE. Mayor Jirsa commented he has been reviewing evaluation options provided by CML for both the Town Attorney and the Municipal Judge. In discussing the evaluation process with other Mayors from Loveland and Johnston, it was determined the process can be valuable in goal setting, succession planning, etc., especially for the Town Attorney. Discussions have been held with both Attorney White and Judge Brown who are both supportive of the evaluations. He proposed the Town use Fort Morgan’s example for the Town Attorney evaluation as a starting base. A proposed review would be brought back to the Board for final acceptance. Mayor Jirsa suggested the Board members attend the October 19, 2016 Municipal Court to get a sense of how the Judge runs the court. He proposed the Board hold the evaluation for the Judge in early 2017 after the Judge provides his annual report. Trustee Norris stated he would be supportive of a structured approach to the evaluation, and would suggest a simplified evaluation that addressed ethics, communication, timeliness of recommendations and goal setting tied to the Town’s strategic plan. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Mayor Jirsa presented a revised Resolution to support the funding of improvements to the countries National Parks. The Board consensus was to add the Resolution to the October 25, 2016 Town Board meeting. Trustee Norris stated the School District continues to work on addressing issues such as suicide prevention and other mental health issues. A handout was developed by the counselors of the schools, and he requested a copy be provided to each of the Trustees and appropriate staff. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Lancaster stated a final review of the 2016 strategic plan would be added to the December 13, 2016 study session. The November 22, 2016 study session would be cancelled. There being no further business, Mayor Jirsa adjourned the meeting at 5:40 p.m. Jackie Williamson, Town Clerk 16 Town of Estes Park, Larimer County, Colorado, October 13, 2016 Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 13th day of October 2016. Committee: Chair Koenig, Trustees Martchink and Nelson Attending: Chair Koenig, Trustees Martchink Also Attending: Assistant Town Administrator Machalek, Police Chief Kufeld, Director Bergsten, Manager Fraundorf and Recording Secretary Doering Absent: Trustee Nelson and Town Administrator Lancaster Chair Koenig called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. PUBLIC SAFETY None. Reports 1. Verbal Updates and Committee Questions: Police Chief Kufeld updated the committee on the Wildlife Protection Ordinance. There were 121 bear incidences, including sightings, break-ins and ordinance violations. Seventeen of the calls were outside of town limits in Larimer County or Rocky Mountain National Park and forty-eight of the calls involved a violation of the Wildlife Ordinance and summonses were issued. Body cams received one year ago are in service and have been found to be very effective during arrest allegations to assist in disproving them. Information storage for the body cams has become a concern for IT because storage may be required for 75 years, depending on the type of event and situation. Chief Kufeld reported the Police Department is one down in the police officer ranks and in dispatch, interviews continue. He attended the Women Club meeting to discuss various topics, including neighborhood watch, vacation checks, dispatch and he would be available to attend other meetings if contacted. UTILITIES Recommendation to the Town Board: Membrane Replacement at Marys Lake Water Plant – Unbudgeted Superintendent Boles stated this is an opportunity to purchase three new modules (the first stage) at a lower price, as the modules currently used no longer exist. Additional advantage would be the capability of programming all three modules at the same time. Chair Koenig questioned the possibility of keeping the current membranes in use as spares. Staff stated this would not be an option as the membranes are not compatible with the new modules. The lower price would allow all three modules to be replaced for an additional $120,000 over the budgeted cost of $160,000. Chair Koenig stated this would be a transfer of funds from the large Maintenance policy and then asked about an after market for the modules not in use. Superintendent Boles would check into the option. The committee recommended the Membrane Replacement at Marys Lake Water Plant, which is unbudgeted, be included as a Consent Item on the Agenda at the October 25, 2016 Town Board meeting. 17 Public Safety, Utilities & Public Works Committee – October 13, 2016 – Page 2 Reports 1. Axminister Lane Water Line Replacement Director Bergsten stated this was a successful and economical project, completed by Town staff. Superintendent Boles reported the cost was just over $100 per foot, with the average costs on the last two projects at approximately $300 per foot. 2. Verbal Updates and Committee Questions: Director Bergsten stated USDA funding for water projects has given the department the opportunity to review capital projects at a different scale; however, there are too many projects at significant cost. Discussion on project priority would be brought to the committee to prioritize projects and discuss the possibility of rate increases. PUBLIC WORKS Reports 1. Verbal Updates and Committee Questions: Manager Ash updated the following projects:  Dry Gulch sanitary sewer line, east of Sombrero, has been completed. Crews are working to meet the October 26th ribbon cutting deadline for the trail connection that runs along Highway 34.  Carriage Hills Dam repair should be completed by the end of October. The department stayed within the grant funding for this project and was able to push a change order through to dreg the east pond.  Brook Court and Moraine Avenue ditch construction has been completed, ending the Towns miscellaneous 2013 Flood projects.  The Fish Creek project would start early this fall, run through spring and summer 2017, with plans to start working on the culverts this winter with the road and trail work completed next summer.  Brook Drive project continues with no completion date scheduled.  Scott Ponds Water Rights – Manager Ash has met with the water commissioner and received permission to lower the water level in the east pond. The augmentation plan should be completed in November 2016 and allowing water to be added to the ponds.  Fall River Trail final design continues and should be completed by the end of the year. Once in place the Town would apply for grant funding through Great Outdoors Colorado. Included in the proposed 2017 budget are dedicated funds from the 1A Trails Funds to match funds for a grant that would allow the department to do large portions of the construction. Chair Koenig questioned if the two bridge abutments that the Town currently has could be used in this project. Manager Ash stated the consultant tried to retrofit them and found it would not be cost effective to include the abutments.  Anderson Consultants started fieldwork on the Storm Water Master Plan and are moving forward into modeling and evaluating the existing system before making recommendations for improvements. The project is scheduled to go until September of 2017.  There department received five proposals for the design of the Moraine Avenue Bridge and a recommendation would be presented to the Town Board at the October 25, 2016 meeting. The project would go into 2018 with Moraine Avenue closed at times during construction.  Manager Landkamer provided an update of the RFP issued for the upgrading and replacing of the Town Hall camera system. Quotes are expected back at the end of the month, with a possible recommendation in November. There being no further business, Chair Koenig adjourned the meeting at 8:39 a.m. Tami Doering, Recording Secretary 18 Town of Estes Park, Larimer County, Colorado, October 12, 2016 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 12th day of October, 2016. 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, Town Administrator Lancaster, and Finance Director Hudson; Clifton Larson 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. 2015 CAFR AND SINGLE AUDIT REVIEW. The meeting began with a discussion on what measures could be taken in 2017 to ensure completion of the CAFR on time and presented to the Board for review and approval. The Committee suggested a pre-meeting in 2017 be held to outline the audit process. Paul Neidermuller/CliftonLarsonAllen reviewed the Independent Auditor’s report for the 2015 audit and single audit in accordance with the auditing standards and the standards applicable to financial audits contained in Government Auditing Standards. The auditing firm of CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes Park’s financial statements as of December 31, 2015 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). Discussion followed on the need to include the Estes Park Local Marketing District (LMD) in the Town’s annual audit under Other Governmental Funds because the District provides services almost exclusively to the Town, the Town Board approves their operating budget, and the Town appoints five members of the LMD Board. The auditors provide a review of governmental accounting practices that begin with expenses because the entities mission consists of providing services, whereas businesses such as L&P or Water provide a service for a fee. The Town adopted GASB 68, Accounting and Financial Reporting for Pensions and GASB 71, Pension Transition for Contributions Made Subsequent to the Measurement Date. These standards require the Town to include in its financial statement the liability of the Town contributing to PERA for the defined benefit pension (net pension liability) to ensure the Town has funds to offset the unfunded liability. These numbers would change from year to year; however, the audit demonstrated the Town’s position with the inclusion of the net pension liability continues to be positive. The majority of municipalities have seen their positions go negative with the inclusion of the unfunded liability. The Town was required to complete a single audit because the Town received more than $750,000 in federal grant funds. The audit ensures the Town maintains compliance with all federal guidelines and requirements outlined in the grant 19 Audit Committee – October 12, 2016 – Page 2 requirements. The auditors provided the Town with a clean opinion; however, the auditors found eight material weaknesses, significant deficiencies or deficiencies:  Journal entries were recorded to the Town’s general ledger in error during the prior period and in the current year. The Town would review its journal entry review process.  The Town did not properly record transactions to receivables, unearned revenue or revenue during the last two fiscal years. Recommend the Town review and amend its existing procedures to more accurately track grant expenditures and adjust for the related receivables, unearned revenues, and revenue when expenditures are incurred.  Capital asset activity was not properly recorded and accounted for related to donated assets – donated street at a value of approximately $550,000. Recommend the Town implement a process and procedures for capital asset additions to ensure all donated assets are properly recorded and a procedure for removing assets which are no longer used or in service.  Purchases are made by Town departments prior to the Town approving the related purchase order. Recommend the Town prepare and issue purchase orders at the time of purchase to ensure the Town remains compliant with Finance policies and procedures.  Town employees switch positions within Town and their user access to the financial software has not be revised to reflect their new responsibilities. Recommend the Town implements procedures to periodically review the user access rights of all Town employees to ensure unnecessary access rights are restricted and monitored.  The Town has not followed the Provision of Annual Reports requiring annual financial reports to be filed as part of continuing disclosures with EMMA within 6 months of the end of the Town’s fiscal year. Recommend the Town review and implement procedures to ensure the CAFR is filed as part of the continuing disclosures with EMMA.  The Town did not record $108,000 in liability for maintenance and replacement of water capital assets by December 31, 2015 as required under GASB 62. Recommend the Town review its financial closing procedures to ensure all journal entries are recorded and go through the proper controls prior to posting to the Town’s general ledger.  The Town’s controls over the review of federal expenditures were not conducted properly because the Town understood only expenditures for reimbursement were to be reported on the SEFA; however, under FEMA, expenditures must be included on the SEFA if FEMA has approved the project worksheet and the Town has incurred the eligible expenditures. Recommend management strengthen policies and procedures to address the proper recording on the SEFA. Other items addressed in the management letter included the control procedures for offsite locations, especially fairgrounds; yearend financial reporting was not properly reflected and accounted for with regard to compensated absences and self-insurance liability balances from 2014 to 2015; financial statement preparation must be completed internally with proper internal controls in place; capital asset review should include procedures to address the annual review of depreciation and capital asset schedule; payroll control procedures should be in place to ensure all hourly employee time sheets are reviewed and employees are paid the correct amount based on hours worked; the Town should review its five year contract with Light and Power customers for service line extensions to ensure all refunds due customers are properly paid and recorded; and the Town paid excessive overtime to an employee in 2015 which should be monitored in the future. Finance Director Hudson stated the number of issues outlined during the audit would be addressed but may not be fully implemented by the end of 2016 with three-fourths of the year already complete. 20 Audit Committee – October 12, 2016 – Page 3 After further discussion the Audit Committee recommended the final CAFR and single audit be forwarded to the Town Board at their October 25, 2016 Town Board meeting. There being no further business, Mayor Jirsa adjourned the meeting at 10:02 a.m. Jackie Williamson, Town Clerk 21 Town of Estes Park, Larimer County, Colorado, September 21, 2016 Minutes of a Regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town Hall, in said Town of Estes Park on the 21st day of September, 2016. Present: Kimberly Campbell Gordon Slack Ken Zornes Tom Street Stan Black Amy Hamrick Also Present: Greg Muhonen, Director of Public Works Megan Van Hoozer, Public Works Administrative Assistant Cody Walker, Town Board Liaison Kevin Ash, Engineering Manager Absent: Ann Finley Brian Wells, Shuttle Director Belle Morris Gregg Rounds Chair Campbell called the meeting to order at 12:03 p.m. GENERAL DISCUSSION It was moved and seconded to approve the August meeting minutes as well as the minutes of the Special Meeting held on 9/07/16 (Slack/Black) and the motion passed unanimously. ESTES VALLEY TRAILS COMMITTEE: Amy Plummer, President. The Public Works Department shared that they expect to receive $351K in 2017 Open Lands funds and $440K from 2017 1A Trail Expansion funds. The Estes Valley Recreation and Parks District Trails Committee has accumulated approximately $800K for work to be performed on the trails as part of the associated Master Plan. The group discussed funding options/opportunities to reach the established goals. 1. MacGregor Avenue Trail – The plan discussed is to have a paved trail (multi- modal) with curb & gutter. The preference would be for 10’ sidewalks with a gravel shoulder for horses. One idea is for the Town to fund the first mile (within town limits) and the EV Trails Committee can complete the connection to the Lumpy Ridge trail head. 2. Fall River Trail – It will require approximately $6M to have this trail connected to RMNP. One idea is to build the trail in smaller increments – potentially three (3). If this occurs, there may be an opportunity to earmark/save $200K for the local match using Open Space funds. The EV Trails Committee could match this for a 22 Transportation Advisory Board – August 17th, 2016 – Page 2 total of $400K. This would provide a 20% local match for a future $1.6M grant application for each $2M phase. Chair Campbell expressed concern about the usage for the amount of funds required for a ¾ mile trail. The primary concern is surrounding citizen perception. Per EV Trails Committee President, Amy Plummer, the following is how the Committee prioritized trails for 2017: x Fish Creek Trail x Fall River Trail x Otie’s Trail x School Zone Improvements As the Town goes into budget sessions/reviews, they’d like to go to the Town Board with a level of certainty/decision. The EV Trails Committee will have this information confirmed in early October (prior to November budget review). Both entities will draft letters for “team” submittal to Town Board. PROJECT UPDATES, Greg Muhonen, Public Works Director Estes Park Transit Facility Parking Structure: x The Town has contracted with Heath Construction to be the CM/GC for the Transit Facility Parking Structure. Heath has valuable local experience in addition to having close relationships with local contractors. The Town would be attempting to fund a 4-level structure with a tentative completion date of July 2017. x Independent Cost Estimator (ICE) Contract – Awarding this contract ensures fair market value. Company selected is the same company that CDOT hired for the Highway 34 project as well as multiple other CDOT projects. They have local pricing experience and will negotiation on owner’s behalf. Director Muhonen elaborated on the financing RFP for the second phase of the Transit Facility Parking Structure and explained the Golf Course being used as collateral. Other questions and ideas came to the table and were discussed with Director Muhonen. Dynamic Message Board: Director Muhonen’s stated that the Town received another grant for 2 additional DMB’s: 23 Transportation Advisory Board – August 17th, 2016 – Page 3 x The first sign will be placed on Hwy. 34 near Summit Dr. or on Mall Road off Hwy. 36. It needs to be a place that will allow proper reaction time: 1) identify sign, 2) read the sign, and 3) react to sign’s message. It will be installed prior to the next visitor season. DOWNTOWN LOOP RECOMMENDATONS: There were two versions of a Memo to the Mayor/Board of Trustees handed out to TAB – one with more historical discussion and another more concise version for TAB members to review and comment. Trustee Walker stated it would be best to remove the paragraph from Version 1 that suggests the Board proceed with the Loop without a public vote. He commented that this paragraph directs the Town Board on how to perform their duties as Board Members. He stated that TAB’s responsibility is to offer guidance to the Trustees regarding transportation matters, not political processes. The TAB agreed to remove the paragraph as suggested. A motion to accept the memo with changes was made and seconded (Hamrick/Zornes), and the TAB voted 5-2 in favor of sending a memo supporting the Loop to the Town Board. OTHER BUSINESS With no other business to discuss, Chair Campbell adjourned the meeting at 1:37 pm. 24 Town of Estes Park, Larimer County, Colorado, September 16, 2016 Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203, in said Town of Estes Park on the 16th day of September, 2016. Present: Celine Lebeau Dewain Lockwood Terry Rustin Vicki Papineau Merle Moore Ronna Boles Also Frank Lancaster, Town Administrator Present: Patrick Martchink, Trustee Liaison Greg Muhonen, Director of Public Works Megan Van Hoozer, Public Works Administrative Assistant Lars Sage, Arts District Brian Berg, Parks Division Supervisor Porter Florence, Scout Absent: Carlie Bangs Chair Lebeau called the meeting to order at 11:01 a.m. GENERAL BUSINESS It was moved and seconded (Lockwood/Boles) to approve the August meeting minutes with corrections and the motion passed unanimously. ARTS DISTRICT UPDATE Lars Sage updated the PAB that Fun Junkies will not occur this month. He also informed us of current happenings and upcoming events for the Arts District. PIKAS IN THE PARK – AIPP: Town Administrator Lancaster has been working on this proposal for quite some time. The addition of the bronze pikas in select locations around town will provide fun, interactive art and will help contribute to a viable downtown keeping kids/families happy. 25 This is to be a family activity – not a revenue stream. Estes Park would be the unique location in Colorado that has this type of activity. Pikas are unique to alpine regions. Providing a list of the names and locations of these pikas to visitors, along with a geo- cache option will take families all over town. Some of the proposed locations may require private property agreements as they’ll be placed throughout the downtown core (Kind Coffee to Tregent Park). Once an individual/family has found all pikas, some type of award will be provided. Town Administrator Lancaster also provided samples of artwork from a gentleman in Loveland. All pikas will be different. It is hoped these sculpts will be installed by April, 2017 and Lancaster would like to have it implemented alongside the Centennial work to occur. There will be annual maintenance work that the Town will adopt as part of its existing sculpture maintenance. Terry Rustin made a motion that the PAB encourage Frank to move forward to complete paperwork and take to town board. The motion was seconded. (Rustin/Lockwood) Porter Florence Eagle Scout Proposal: Porter Florence, 16, of Estes Park High School presented his Eagle Scout Project to the PAB. His project involves work at Carriage Hills Park. He noticed that when he went down there with his family during the warmer weather that there is no shade and it became quite hot. His thought is if he plants trees it will help provide the needed shade. Porter brought it up to his dad then the Town. Based on his discussions, the plan is to plant ponderosas, cottonwoods, aspens around the perimeter of the playground for shade as well as a windbreak. Upon approval, his plan for funding is to create a Facebook ‘Go Fund Me’ page utilizing the Boy Scout emblem. The Scouts will also put up notifications/flyers, etc. The initial plan for irrigation is to utilize 55-gallon water drums with gravity feed. There was heavy group discussion regarding placement of 55-gallon drums and the aesthetics. Planting in the spring is best for survival. The Town has agreed to take over the watering later on if things get dry, etc. Brian Berg suggested going to the Forest Service (less expensive) to purchase the trees. Porter also asked if it would be possible to install a water fountain (requiring a tap into the water main) to allow dogs/kids/parents to get a drink during playground activities. The PAB agreed it would be a great idea and would help with the watering of the trees. The problem is the cost to tap into the main (approx. $5,000). Director Muhonen 26 encouraged Porter to continue to pursue this by having discussions with the Utilities Department about the tap. PAB agreed this was a great idea and EVRPD is supportive as well. Porter will continue discussions with the Town of Estes Parks Department to determine the tree species to be planted. All purchases are dependent on funding. RIVERWALK INSTRUMENTS VIDEO: Member Rustin presented YouTube videos of the local high school band members playing the instruments on the Town’s musical walkway. PARKS DIVISION UPDATE: Willow Knolls Renaming/Maintenance Goals: Member Papineau expressed concern about the re-naming of the Willow Knolls (announced in Town Bugle) to Centennial Park as part of the 2017 Centennial celebration. Supervisor Berg is aware of this concern and stated that this was simply an idea and the name change has not happened. Member Papineau provided other name ideas: ‘Centennial Open Space’ or ‘Centennial Natural Area’. Papineau stated,“It’s not a football field to be sold. . .” The word “park” depicts playground equipment, etc. which causes confusion for visitors. She agrees, however, that maintenance needs to take place in that area. Supervisor Berg will be taking these concerns/ideas to the Centennial Committee before anything is finalized, and public comment will be solicited as well. Division of Parks/Museum will present ideas on Centennial purchases (with logo) contributing 5% to the new natural area. Other Parks Activities:  The Parks Division removed 2 picnic tables by Kind Coffee due to the decrepit state of the tables. The tables have been replaced by adirondack chairs.  Flowers around town are being removed due to the seasonal change.  Keri Kelly and Suzanna Simpson are attending the America In Bloom Symposium in California. The Parks Division is feeling hopeful and confident that Estes Park will be receiving another award.  Supervisor Berg will be attending the Communities In Bloom/Healthy Communities Symposium in Regina, Saskatchewan. 27  Tunnel Tile Project: Kristin has received private funding for tile project and 10 boxes of tiles were discovered in storage.  Boot Pump – Owner of this fountain is supportive of it being moved to a better location. Her only condition is that it must run! OTHER BUSINESS With no other business to discuss, Chair Lebeau adjourned the meeting at 12:00 p.m. 28 RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 September 20, 2016 Board Room, Estes Park Town Hall Commission:  Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree, Sharry  White, Russ Schneider, Michael Moon    Attending:  Chair Hull, Commissioners Murphree, Moon, White, Schneider, and Hills     Also Attending: Community Development Director Randy Hunt, Senior Planner Alison Chilcott,  Town Attorney Greg White, Town Board Liaison Ron Norris, County Liaison  Michael Whitley, and Recording Secretary Karen Thompson     Absent:  Commissioner Klink    Chair Hull called the meeting to order at 1:30 p.m.  There were approximately eight people in  attendance.  Each Commissioner was introduced. Chair Hull explained the process for accepting public  comment at today’s meeting. The following minutes reflect the order of the agenda and not  necessarily the chronological sequence.     1. PUBLIC COMMENT  None.    2. CONSENT AGENDA      Approval of minutes, August 16, 2016 Planning Commission meeting.    It was moved and seconded (Hills/White) to approve the consent agenda as presented and the  motion passed unanimously with one absent.    3. PROPOSED AMENDMENT TO THE ESTES VALLEY COMPREHENSIVE PLAN  Adoption of the 2016 Estes Valley Master Trails Plan as an element of the Estes Valley  Comprehensive Plan. Staff requests to continue this item to the October 18, 2016 Planning  Commission meeting.     It was moved and seconded (Schneider/Murphree) to continue the proposed amendment to the  October Planning Commission meeting and the motion passed unanimously with one absent.     4.  PROPOSED AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING ACCESSORY  DWELLING UNITS  Planner Chilcott reviewed the data gathering process conducted by staff. Staff inquired with  Upper Thompson Sanitation District, Estes Park Sanitation District, the Town Water Department,  and the Larimer County Assessor regarding data they might be willing to share. The County  Assessor had the most complete data, as other entities did not collect systematic data. Larimer  County collects the following information for each building on a parcel: numbers of bedrooms,  bathrooms, sinks, wet bars, and kitchens (not a complete list). Staff collected data on the  numbers of second kitchen sinks and wet bar sinks in single‐family dwellings.  She showed a graph  indicating the number of second kitchen sinks/wet bars by zone district, explaining these numbers  29 RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 September 20, 2016 Board Room, Estes Park Town Hall account only for permitted kitchens/wet bars. The breakdown for second kitchen sinks/wet bars  by zone district is as follows:  R‐1 = 1, R = 36, E = 95, E‐1 = 120, RE = 45, RE‐1 = 36.  Out of  approximately 7,000 parcels, staff determined about five percent (5%) of the housing stock in the  Estes Valley has a single‐family dwelling with a second kitchen sink and/or a wet bar. Planner  Chilcott clarified this does not mean any or all of these homes have accessory dwelling units  (ADUs). The definition of an ADU includes the requirement of a kitchen.     Staff and Commission Discussion  Planner Chilcott stated ADUs tend to be fairly evenly spread across the Estes Valley. There are  approximately 330 dwellings in the valley with second kitchen sinks/wet bars, but there is no way  to determine if they are associated with an ADU. Discussion included, but was not limited to:  Planner Chilcott recalled the Estes Valley Development Code (EVDC) definition of a kitchen is an  oven, sink, and a refrigerator; the restrictions regarding rentals of ADUs was adopted when the  EVDC was adopted in 2000; an ADU is defined as having living, sanitary, and cooking facilities;  many times ADUs are discovered when the property owner wants to make improvements to  them and applies for a building permit; many people do not realize the rental of ADUs is not  allowed; every community has different regulations, with college towns typically having tighter  restrictions regarding rentals than other communities    Commissioner Moon was concerned about the relaxation of the size requirement, and he would  prefer to leave size out of the discussion when we are trying to collect data. He thought the only  incentive for people to come forward with the knowledge of having an ADU would be the promise  to be grandfathered in if there was a sunset clause. He liked the way it was stated now if a sunset  clause was going to be involved, and 800 square feet seemed acceptable.     Commissioner White stated she was in favor of limiting the size of an ADU to 800 square feet, and  keeping the minimum lot size to 1.33 times the minimum lot size for the zone district. She was  concerned about blanket zoning of ADUs to all zones and lot sizes, stating it would create greater  density in neighborhoods, more parking issues, etc. She was concerned about enforcement.  She  stated anything under one acre could be problematic, but would require additional study. She  reminded the Commission the data collected was about sinks, not ADUs.    Director Hunt stated this agenda item could be continued to next month if the Commissioners so  desired. There are currently five zone districts that allow ADUs, and staff could determine how  many potential ADUs could be on parcels that are sized one acre or greater, using the statistics  provided by Planner Chilcott. He stated the data provided today was most likely as much as we  would be able to collect.     County Liaison Michael Whitley stated Larimer County has ADU regulations in the County Land  Use Code. The County Commissioners have concerns about intertwining the ADU issue with  workforce housing and vacation rentals. He has heard there would not be support from at least  two of the County Commissioners unless there were changes to regulations on vacation homes,  including a cap on the number of vacation homes allowed in the Estes Valley.  Timelines on  30 RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 September 20, 2016 Board Room, Estes Park Town Hall vacation homes are moving forward, and this and the ADU timeline will converge at some point.  The County Commissioners consider vacation homes and ADUs as being connected. Director Hunt  stated there would be some additional County information available at the October study session.    Public Comment  Pat Newsom/town resident stated single‐family residential zone districts should remain single‐ family, and was concerned about the increased density ADUs could create. There are additions in  town with strict HOA covenants, and other areas built before HOAs were formed, making it  difficult for some neighborhoods to have restrictions.     Jay Heineman/county resident agreed with Mrs. Newsom on the increased density in single‐family  zone districts. There is zoning for a reason, and ADUs should be located in multi‐family zone  districts. He stated it was unfair to the property owners that live here year‐round, the unintended  consequences are numerous and would have a negative impact on single‐family residential  neighborhoods.     John Phipps/town resident agreed with Mr. Heineman. The word “workforce” continues to be  used. The determination of whether or not a member of the “workforce” is living in an ADU is  non‐enforceable. He thought the word “workforce” should not be used. He was concerned about  making a drastic zoning change by changing the uses allowed. This is what happened with  vacation rentals, and he foresees the same issues coming up with ADUs. He stated there is no  distinction between an ADU and a duplex. He encourage the Commissioners to read EVDC 4.3 A,  which lists the purposes of each zone district. It was his opinion any amendment regarding ADUs  would violate these paragraphs. Mr. Phipps asked the Commission to consider the EVDC  definition of a family, and what might happen if the occupancy limit between vacation rentals and  ADUs was greater. He also wondered if it would be possible to have a home with an ADU used as  both a vacation rental and a long‐term rental. He thanked the Commission for their hard work  and effort.    Paul Brown/town resident stated he purchased his lot (in the town limits) in 1994. At that time,  ADUs were allowed on lots the size of his, which was one of the reasons he purchased it. In 2000  that right was removed, and he thinks that resulted in devaluation of his property. He would like  to have that right back so he could build an ADU so his children would have a place to stay.  When  he purchased his lot, Larimer County did not allow ADUs. Two months following the purchase, the  County changed their regulations to allow attached ADUs and came through with detached ADU  allowances a few years later. He supports accessory dwelling units. He did extensive research on  ADUs a couple of years ago, and remembered there were approximately 400 attached and  detached ADUs in the Estes Valley. He submitted his research to the Community Development  Department at the time. As a designer and builder, he often receives requests from property  owners for ADUs.     Rita Kurelja/Housing authority stated there is a need for additional housing. The Town  participated with the Housing authority on a community‐wide Housing Needs Assessment, which  31 RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 September 20, 2016 Board Room, Estes Park Town Hall brought about eleven recommendations. One of those was to adopt ADU regulations for  workforce rentals. There are many mountain communities that allow rental of ADUs, and she  stated there are ways workforce housing can be regulated. The housing situation is not going to  be improved with one large step, but rather needs to be done step‐by‐step. Allowing the rental of  ADUs is a small piece of the puzzle. This has been discussed for many years.    Mary Murphy/county resident stated as a realtor, she is very diligent about going on tour of the  new properties on the market to have a good understanding of what the housing inventory is. In  almost 14 years, she has seen very few home with second sinks that also have other kitchen parts  to make them an ADU. One cannot assume that the higher priced homes have attached ADUs,  and stated the majority of second sinks are in wet bars.    Fred Mares/town resident thanked the Commission for the discussion at study session. He was  opposed to this specific issue as a matter of principal; it would change the zone districts, with the  end result being no single‐family zone districts. He thought it was a nice idea, but there was not  much behind the implementation or enforcement. He had many questions: How do you limit  ADUs to long‐term rentals to the local workforce? How do you enforce that? How many are there  in the Estes Valley? If they are already rented, how will they help workforce housing? How will we  collect data? How will we control or limit new ADUs being built, and do we need to keep a limit  on them? He was supportive of workforce housing, but did not see how this will help.  He stated  he has been involved with the vacation rental issue and thinks ADUs are totally related to  vacation rentals. He provided some statistics from the Town Clerk’s office regarding vacation  rentals, stating the majority are 2‐4 bedroom homes, which are also where the majority of the  workforce housing needs to live.  He stated 12% of those 2‐4 bedroom houses in the Estes Valley  are being rented as vacation rentals.  These number directly affect ADUs and workforce housing.  If we really want to be a community, we really need neighborhoods and not just accommodations  zones.    Matthew Heiser/town resident lived in two ADUs when he first moved to the Estes Valley. He did  not attack his neighborhood, and being able to live in an ADU was what made it possible for him  to live here. As a current business owner with eight employees, there are people willing to live at  a camp site in order to work at his business. There is a definite need for workforce housing.    Joe Coop/county resident stated ADUs are already allowed, but only 20% of the properties qualify  to have a legal ADU. There needs to be some way to loosen up the code to allow ADUs. Removing  the minimum lot size is one step towards that change. On a regular basis, Van Horn Engineering  receives requests to design ADUs (mainly detached) for customers.  There is a current proposed  project for small units with attached garages on ¼ acre lots with ADUs above the garages. He  stated he would like to add an ADU above his detached garage, but is unable to do so with the  current regulations.      Public comment closed.    32 RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 September 20, 2016 Board Room, Estes Park Town Hall   Staff and Commission Discussion  Comments included but were not limited to:  Attached ADUs are currently allowed, but cannot be  rented; zoning is in place for a reason, and this could have an impact on zoning; people are  shifting to smaller houses; zoning and density are concerns; unintended consequences could have  negative impacts; the sunset clause would not be enforceable; lack of enforcement and increased  density were concerns; concerns about de facto rezoning; concerns about how vacation rentals  will be intertwined with ADUs.     It was moved and seconded (Hull/Schneider) to continue this agenda item to the October  Planning Commission meeting, after the Commissioners will have received more information  about the vacation rentals issue and the motion passed 5‐0 with one absent, and Commission  Murphy being absent from the dais at the time of voting.    Director Hunt stated the October Planning Commission Study Session will include discussion  regarding vacation rentals, with an additional Study Session to occur prior to the November  Planning Commission meeting.     5.  REPORTS    A. Director Hunt reported the County Commissioners voted to approve a code amendment to  the EVDC regarding the sequencing of when a Variance application is reviewed. This will allow  variances to be reviewed at the appropriate places during the review process. Formerly,  variances were always reviewed following final action by the appropriate decision‐making  body.   B.  Director Hunt reported the Downtown Plan has been on hold for several months, due to a  transition in consultants. The new consultant’s contract award is on the Town Board agenda  for next Tuesday. The Steering Committee has reviewed the new scope of work with the new  consultant. The new target date for completion of the plan is December, 2017. The results will  be fine‐tuned in‐house, so the presentation to the public will be delayed by a few months. He  stated the goal is to have the Downtown Plan adopted into the Estes Valley Comprehensive  Plan in the Spring of 2018. Town Attorney White stated the previous consultant’s contract was  terminated for failure to comply with the terms of the contract.    C.   Director Hunt reported the Temple residence and Bruell residence variances were approved at  the September Board of Adjustment meeting. A variance request for Lazy B Ranch &  Wranglers loading area location was disapproved.  D.  Director Hunt reported Rex Poggenpohl was appointed by the County Commissioners as the  newest member of the Board of Adjustment.   E.   Commissioner Schneider stated as the Commission prepares for any sessions and discussions,  he did not like surprises. He was not aware of the Brownfield Report (Habitat for Humanity  Development Plan) and did not appreciate being made aware of it during the public hearing.  Director Hunt stated the essence of planning is predictability, and staff would do their best to  alert the Commissioners of all the information in the file.  Commissioner White stated it would  have been nice to have known about the erroneous statement made at the Planning  33 RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 September 20, 2016 Board Room, Estes Park Town Hall Commission meeting regarding the Brownfield Report, instead of finding out about it at the  Town Board meeting.  F.  Commissioner White stated many times when Planning Commission is the recommending body  to the Town Board, staff presents a lengthy staff report to the Planning Commission, but does  not always present the same, elaborate information to the Town Board. She requested the  Planner making the presentation elaborate more on the Planning Commission decision in the  public hearing. Town Board Liaison Ron Norris stated when there is a difference of opinion, he  generally discusses the matter during the Town Board Study Session, but not at the regular  meeting.  He stated it may be more important to bring out those comments during the regular  meeting, not just at study sessions. Director Hunt stated staff is looking to improve internal  procedures and would like to consider adopting “findings of fact” with any motions, which are  different than staff recommendations.   G.  Director Hunt stated he is always willing to hear additional feedback from the Commissioners.            There being no further business, Chair Hull adjourned the meeting at 3:00 p.m.          _________________________________        Betty Hull, Chair                ___________________________________        Karen Thompson, Recording Secretary  34 To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Randy Hunt, AICP, Community Development Director Date: October 25, 2016 RE: Appeal of decision to approve Development Plan 2016-04 (Habitat for Humanity and Plan de Salud Del Valley, Inc.): Background Information and Sample Motions Background Information: Three items are attached for background information: 1.The Development Plan approved by the Estes Valley Planning Commission on August 16, 2016. 2.Minutes from the August 16, 2016 meeting of the Estes Valley Planning Commission. 3.Letter from Dennis and Dena Sohocki (et al.) to Estes Park Town Board of Trustees: “Appeal of the Estes Park Planning Commission and Town Trustee Decisions…” (September 4, 2016) Sample Motions: 1.I move to DENY the appeal, affirming the findings of the Estes Valley Planning Commission and the Commission’s decision to approve Development Plan 2016-14, and to affirm a Town Board of Trustees finding that the Planning Commission’s determinations in this matter as identified in the August 16, 2016 Minutes are appropriate and applicable under the Estes Valley Development Code. 2.I move to APPROVE the appeal, finding that… [state reasons for approval] Community Development Memo 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Duane Hudson, Finance Director Date: 10-25-16 RE: 2015 Comprehensive Annual Financial Report Objective: Acceptance of the audit report and the Comprehensive Annual Financial Report (CAFR), including the Single Audit Report, for the year ended December 31, 2015. Present Situation: The Town of Estes Park has an annual audit of its financial statements as required by State Statute CRS 29-1-603 and, if applicable, the Federal Single Audit Act. These two bound reports were distributed separately from this packet as well as posted online. This audit focusses on both the CAFR and the Town’s compliance with federal grant requirements. CliftonLarsonAllen, LLP, the Town’s auditors, met with the audit committee on October 12, 2016 and went over the CAFR and Single Audit Report for the year ended December 31, 2015. The independent auditor’s report expressed an unmodified (“clean”) opinion 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). Historically, the CAFR was completed much earlier in the year but due to complications in some of the year end accounting entries and vacancies within the Finance Department, completion of the audit, including the single audit compliance work, was delayed. These difficulties lead to some of the audit comments found on pages 9-14 of the Single Audit Report. Areas of concern or suggested improvement include misposted entries; tracking and recording of grant receivables, unearned revenues and revenues; certain capital asset entries; purchasing procedure compliance; system access monitoring; long term debt disclosures; and year end entries. Management is working to address the concerns and issues noted and these plans were discussed in more detail during the Audit Committee meeting. 55 To comply with State Statute filing deadlines and also the Single Audit filing deadlines, the CAFR and Single Audit report have already been filed with the appropriate agencies. This action item is to formally acknowledge the receipt of the audit by the Town Board. Action Recommended: The audit committee referred the acceptance of the audit report and CAFR for the year ended Dec 31, 2015 to the Town Board for consideration. Level of Public Interest Limited public interest has been expressed to date. Sample Motion: I move for the approval/denial of accepting the audit report and Comprehensive Annual Financial Report for the year ended December 31, 2015. Attachments: Comprehensive Annual Financial Report – Hard copy distributed separately Federal Awards Report in Accordance with the Single Audit Act and Uniform Grant Guidance – Hard copy distributed separately Both of the above are also available online at: https://www.colorado.gov/pacific/townofestespark/comprehensive-annual- financial-report 56 To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Kevin Ash, PE, Public Works Engineering Manager Greg Muhonen, PE, Public Works Director Date: October 25, 2016 RE: Moraine Avenue Bridge Replacement – Engineering Design Contract Award Objective: Public Works seeks approval for a professional services contract to develop final engineering plans and specifications and bid documents to redesign the existing box culvert structure and improve the flow capacity under the Riverwalk crossing of Moraine Avenue. 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 consume a project manager nearly full time for the duration of the project. Public Works received additional grant funding for a project manager and in August 2016, the Town contracted with Cornerstone Engineering and Surveying. Now we look forward and take the next step and that is to proceed with development of engineering plans, specifications and bid documents for construction of the Moraine Avenue Bridge Replacement Project. In addition to providing increased flow capacity, the concept of integrating a pedestrian underpass will be considered during the design. Proposal: On September 13, 2016, Public Works advertised a Request for Proposal and five firms responded. A review team that included Public Works Engineering Manager Kevin Ash, Project Manager Mike Todd, Town Floodplain Manager Tina Kurtz and Public Works Flood Recovery Associate Samantha Phillips rated each of these 5 firms to select the most qualified. Proposals were rated on 5 categories: 1. Project Team Qualifications (30 pts); 2. Relative Project Examples/References (30 pts); 3. Responsiveness to Project Schedule/Project Approach (30 pts); 4. Proposal Accuracy/Completeness/Presentation (5 pts); 5. Budget Adherence (5 pts); The following chart contains the ratings for each of the firms: 57 Firm Name City Ranking (Avg Score) RockSol Consulting Group, Inc. Westminster 1 (88.5) Lamp Rynearson Fort Collins 2 (84.4) JUB Engineers, Inc Fort Collins 3 (83.5) EST Denver 4 (82.4) Matrix Design Group Denver 5 (79.6) After the evaluations were complete, RockSol Consulting Group, Inc. out of Westminster was the highest ranked firm out of the 5 review categories. RockSol ranked either #1 or #2 on all 4 of the reviewer scoresheets. All 5 firms showed adequate expertise to complete the design, but what separated RockSol from the other 4 was the level of detail in the Project Approach. They provided a concept plan that demonstrated a thorough understanding of the “project’s critical issues”. Their proposal showed an understanding of the in-progress hydrology study and they proposed a preliminary design that could convey the 50-year storm. Their proposal considered impacts to adjacent property during construction. They conceptually considered how a pedestrian walkway could be integrated into the final structure. Their team also included a subconsultant to address aesthetic treatments for the bridge structure. The RockSol proposal showed favorably with the inclusion of subconsultant Anderson Consulting Engineers who was recently awarded the Town’s Stormwater Master Plan contract. RockSol is familiar with the area and currently an active subconsultant with both the Highway 34 and Highway 7 projects. The schedule delivered in their proposal will have final approved engineering plans and bid documents complete by July 2017. This will schedule Advantages: • Redesign and capacity improvement of this bridge is a key piece to improving the flow of Fall River through downtown. • The Grant Agreement for funding this project has been executed. • To ease staff workload, Grant funding for Project Management was obtained and contracts executed. • Potential pedestrian underpass would provide a safe corridor to minimize vehicle/pedestrian conflicts. Disadvantages: • While providing a needed benefit to convey a larger flow under Moraine Avenue, construction of this project through the winter months will impact vehicular traffic and pedestrian traffic through the downtown business district. Action Recommended by Staff: To advance the Moraine Avenue Bridge Replacement Project, and meet funding requirement goals of final engineering completion by August, 2017, Staff recommends awarding a professional services contract for the Moraine Avenue Bridge Replacement– Engineering Design Project to RockSol Consulting Engineers in the amount of $240,000. This contract will be managed by Cornerstone Engineering, administered through the Public Works Department by Engineering Manager Kevin Ash. 58 Budget: The Moraine Avenue Bridge Replacement Project will be funded from a $2,000,000 CDBG-DR grant awarded to the Town through a Community Development Block Grant –Disaster Recovery (CDBG-DR). The initial encumbrance of federal funds obligated is $240,000 – which is designated for engineering design. Funding dollars for the project will reside in the Community Reinvestment Fund 204 Budget. Level of Public Interest Public Interest on this project is expected to be high. This project has direct impacts to traffic flow, pedestrian flow and downtown activity. Sample Motion: I move to for approval/denial of a professional services contract for the Moraine Avenue Bridge Replacement–Engineering Design Contract, to RockSol Consulting Group, Inc for a project cost not to exceed $240,000. Attachments: Exhibit A – Project Concept Map Other References: Exhibit B – Professional Services Contract Exhibit C – Town Issued Request for Proposal Exhibit D – RockSol submitted proposal 59 MORAINE AVENUE BRIDGE REPLACEMENT PROJECT APPROACH | PAGE 22 PROJECT CRITICAL ISSUES RockSol has identified several critical issues which must be considered during the design. Our team is adept at anticipating and evaluating factors impacting project goals. Hydraulic Opening Constraint Our solution to the problem of the hydraulic opening constraint is to drop the structure to lower the channel and design the width of the box culvert to match the channel upstream and downstream. This option achieves a larger hydraulic opening. CLEAVE STREET W. ELKHORN AVENUEPedestrian Trail We do not anticipate any impact to the pedestrian walk on the south side of Fall River. Detour Plans We understand the need for clear detour plans since the project is located in the downtown area of Estes. Our goal is to detour traffic off Moraine Avenue to increase construction efficiency and minimize the Moraine Avenue closure. Height and Width Constraints We understand there are height and width constraints associated with this bridge design. Our solution is to design a post-tension top slab to achieve minimum depth for the 23-foot wide single-cell box culvert. Adjacent Property One challenge associated with a constrained hydraulic opening is the potential for flooding adjacent properties. Our solution is to increase the hydraulic opening which will then accommodate the 100-year flood. We will also work to avoid any additional impacts to property within the project site. 60 RESOLUTION # 19-16 WHEREAS, the Estes Park Local Marketing District has filed with the Town Clerk the Estes Park Local Marketing Business and Operating Plan for 2017 along with its proposed budget for the 2017 calendar year; and WHEREAS, pursuant to Section 29-25-110 C.R.S. and the applicable provision of the Intergovernmental Agreement dated August 26, 2008, between the Town of Estes Park and the Board of County Commissioners, Larimer County, the Town Board shall approve or disapprove the Operating Plan within thirty (30) days after receipt of said Plan, the proposed budget and all additional documentation requested by the Town; and WHEREAS, the Town Board has reviewed the Operating Plan and proposed budget and has determined that the Operating Plan will provide efficient and cost effective marketing and promotion services for the Estes Park Local Marketing District Service Area. NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1.The Estes Park Local Marketing District Business and Operating Plan for 2017 as filed with the Town Clerk is hereby approved. Dated this___________________________, 2016. ______________________________ Mayor ATTEST: ________________________________________ Town Clerk 61 62 RESOLUTION NO. 20-16 A RESOLUTION ENCOURAGING CONGRESS TO CREATE A RELIABLE, PREDICTABLE STREAM OF RESOURCES AND PROMOTE 21st CENTURY SOLUTIONS TO ADDRESS DEFERRED MAINTENANCE NEEDS IN AMERICA’S NATIONAL PARK SYSTEM. WHEREAS, America’s National Park System is a living testament to our citizen’s valor, our nation’s hardships, our victories, and our traditions as Americans, and has been called "America’s Best Idea;” and WHEREAS, the National Park System preserves the diversity, culture, and heritage of all Americans, and serves as a living classroom for future generations; and WHEREAS, in 2016, the National Park Service is celebrating its centennial and currently manages more than 400 nationally significant sites and an invaluable collection of more than 75,000 natural and cultural assets that span 84 million acres across all 50 states, the District of Columbia, and several U.S. territories and insular areas; and WHEREAS, Colorado is home to 13 national park units, including Rocky Mountain National Park, Great Sand Dunes National Park and Preserve, as well as monuments like Dinosaur and Florissant Fossil Beds. The Town of Estes Park is a gateway community to Rocky Mountain National Park and benefits greatly from the tourism associated with visitors to the park; and WHEREAS, the National Park Service’s mission is to “to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations;” and WHEREAS, in 2015, the National Park System had more than 307 million visitors with 7.07 million of them going to national parks in Colorado, and over 4.1 million to Rocky Mountain National Park; and WHEREAS, in 2015, National Park Service estimates indicate that park visitors spent more than $450 million in Colorado at the sites and local communities adjacent to national parks, including over $268 million in the Estes Park-area; and WHEREAS, the National Park Service has the obligation to preserve our nation’s history; promote access to national parks for all citizens; stimulate revenue to sustain itself and nearby communities; educate the public about America’s natural, cultural and historical resources, and provide safe facilities and environs to enjoy these resources; and WHEREAS, in 2016, the National Park Service estimated a deferred maintenance backlog of nearly $12 billion, over $200 million in Colorado, and $63 million at Rocky Mountain National Park, which includes repairs to aging historical structures, trails, sewers, 63 drainage, thousands of miles of roads, bridges, tunnels, and other vital infrastructure; and WHEREAS, it is the responsibility of Congress to maintain America’s national parks to ensure our natural places and our history is preserved and documented for future generations, and for the adjacent communities that rely on the direct and indirect economic benefits generated by visits to national park sites; and WHEREAS, reliable, dedicated funding from Congress will enable the National Park Service to plan for the maintenance and management of the more than 75,000 assets under its care; and WHEREAS, common-sense policy reforms, such as expanded opportunities for public-private partnerships and innovative cost-saving measures, can complement dedicated funding and enable the National Park Service to address the repair backlog. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK do hereby urge Congress to create a reliable, predictable stream of resources and consider 21st century policy reforms and solutions to address deferred maintenance needs in America’s National Park System. DATED this day of , 2016. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 64 To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 21, 2016 RE: Downtown Plan Appointment and Interview Team Objective: To consider the need to appoint an eleventh member to the Downtown Plan Committee because of a resignation, and if the Board decides to fill the position the Board would need to appoint 2 members to the interview team. Present Situation: The Downtown Plan Steering Committee was formed with the passage of Resolution #16-15 by the Town Board at the October 13, 2015 meeting. The committee was to consist of no more than eleven (11) committee members appointed by the Town Board and four (4) members appointed by staff. The Board appointed eleven (11) members to the committee in January 2016 and since that time one member of the committee has resigned because they were not able to make the meetings. Staff did not appoint the four (4) additional members. Proposal: With new staff in Community Development, a new consultant hired to complete the project, and six Steering Committee meetings already held, both staff and the Committee would recommend moving forward with the current ten (10) members that have been working together for the past 9 months. It is staff’s opinion the committee size is appropriate and an even number of members should not be a concern as voting would not take place, rather consensus on issues would be reached. The committee consensus was to move forward with the current ten (10) members because there was concern on the burden of bringing a new member up to speed on the issues already addressed by the committee. If the Board would like to advertise and appoint the eleventh member, staff would advertise the open position, hold interviews and bring forward a recommendation to the Board at the November 8, 2016 meeting. This would allow the new member to attend the November 9, 2016 committee meeting. Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, the Board would need to approve the appointment of two (2) Board members to the interview team. 65 Advantages: •To clarify the need to appoint the eleventh member to the Committee,and if needed, to appoint a qualified individual to the committee to move the Downtown Plan process forward. Disadvantages: •None. Action Recommended: Staff recommends the Downtown Plan Committee continue without the appointment of the eleventh member and move forward with the completing the Downtown Plan with the current ten members. Budget: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the Downtown Plan Committee’s eleventh member not be replaced and the Downtown Plan Committee move forward with ten members. or I move to approve/deny the appointment of Trustees __________ and ___________ to the Downtown Plan Committee interview panel. 66