HomeMy WebLinkAboutMINUTES Town Board 2019-09-24Town of Estes Park,Larimer County,Colorado,September 24,2019
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 24”day of September,2019.
Present:Todd Jirsa,Mayor
Ron Norris,Mayor Pro Tern
Trustees Carlie Bangs
Eric Blackhurst
Marie Cenac
Patrick Martchink
Ken Zornes
Also Present:Travis Machalek,Town Administrator
Dan Kramer,Town Attorney
Bunny Victoria Beers,Recording Secretary
Absent:None.
Mayor Jirsa called the meeting to order at 7:00 p.m.and all desiring to do so,recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Bangs)to approve the Agenda with the removal
of Action Item #5,and it passed unanimously.
—PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS
Trustee Cenac stated the Rooftop Rodeo was nominated by rodeo affending cowboys as
one of the best medium sized rodeos in the country.
Mayor Pro Tem Norris stated the Family Advisory Board meeting would be held on
October 3,2019.He added there would be a joint meeting of the Town Board and Larimer
County Commissioners on September 30,2019 to discuss future land use planning in the
Estes Valley.He stated progress has been made to decrease the amount of bear
incidents this season and asked the public to continue to secure vehicles and homes.
Trustee Zornes stated the Behavioral Health Policy Council meeting was held on
September16,2019 where recommendations were made for the distribution of $155,000
in community grants.The Council received 53 applications with 30 applications meeting
the minimum requirements.The Council made recommended awards for 18
organizations,including the Estes Valley Fire Protection District,Rural Estes Alliance for
Community Health and Estes Valley School District.He stated a Larimer County housing
study document was available in Town Hall.
TOWN ADMINISTRATOR REPORT.
Policy Governance Policy 3.8 Compensation and Benefits Report -Town Administrator
Machalek stated the policy must be reviewed every September and reported compliance
in all areas.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated September 10,2019 and Town Board Study Session
Minutes dated September 10,2019.
Board of Trustees —September 24,2019—Page 2
3.Estes Valley Planning Commission Minutes dated August 20,2019 and Planning
Commission Study Session Minutes dated August 20,2019 (acknowledgment
only).
4.Agreement with JVA Consulting Engineers for Engineering Services for Prospect
Mountain Water Distribution system upgrades.
5.Clarification of Town Prosecutor Reporting to Town Attorney.
6.Revised Board Policy 101,Division of Responsibilities.
7.Intergovernmental Agreement with CDOT for Congestion Mitigation and Air Quality
Grant Funding for construction of Intersection Improvements on US36 &
Community Drive.
8.Acceptance of Town Administrator Policy Governance Monitoring Report.
9.Parks Advisory Board Minutes dated August 15,2019 (acknowledgment only).
10.Transportation Advisory Board Minutes dated August 15,2019 (acknowledgment
only).
It was moved and seconded (BlackhursUZornes)to approve the Consent Agenda,
and it passed unanimously.
REPORT &DISCUSSION ITEMS:(Outside Entities).
1.ESTES PARK HIGH SCHOOL MONTEVERDE SCIENCE EXCHANGE.A
presentation was provided to the Board by school district students who traveled to
Monteverde,Costa Rica as part of a science exchange program.Presenting
students included Sawyer Basch,Carter Florence,Gissel Escorcia Rodriguez and
Krystal Gonzales Rojas.The presentation included education information related
to the climate,environment,organisms,species and photos of their experience.
PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for
Town Board Final Action.
1.CONSENT ITEMS:
A.PRELIMINARY CONDOMINIUM MAP,THE DIVIDE CONDOMINIUMS AT
WILDFIRE,WILDFIRE ROAD,WESTOVER CONSTRUCTION,INC.,RDA
ASSOCIATES LLC,APPLIANTS.Applicant request to continue item to
October 8,2019.
B.PRELIMINARY CONDOMINIUM MAP,THE MEADOW CONDOMINIUMS
AT WILDFIRE,WILDFIRE ROAD,WESTOVER CONSTRUCTION,INC.,
RDA ASSOCIATES LLC,APPLIANTS.Applicant request to continue item
to October 8,2019.
It was moved and seconded (Norris/Martchink)to approve the
continuance of Consent Items l.A and 1.B to October 8,2019,and it
passed unanimously.
ACTION ITEMS:
1.ORDINANCE 24-19 AUTHORIZING THE ISSUANCE OF THE SERIES 2019
POWER AND COMMUNICATIONS REVENUE BONDS.Trustee Bangs recused
herself from the item.The Town has been reviewing the possibilities to establish
broadband service in Estes Park.In 2014 the Town partnered with the Estes Park
Economic Development Corporation to assess the demand for broadband services
in the area and in 2015 the voters approved the right to provide broadband services
with 92%of voters in favor.In 2016,the Town contracted with Jill Mosteller,Ph.D.
to conduct a rate study which confirmed the demand for broadband in the area.In
2019 the Board approved the expansion of the Light and Power Enterprise Fund
to include communication facilities and a name change to
Board of Trustees —September 24,2019—Page 3
“Power and Communication Enterprise Fund”.Additionally,the Board approved a
budget amendment authorizing the use of $3,000,000 of the Fund to start the
buildout of a pilot area for broadband service installation.In order for the Town to
complete construction and operational startup of the proposed municipal
broadband system the Town would issue Power and Communication Enterprise
Fund Revenue Bonds.The proposed bonds would be sold using a negotiated sale
process as described in Town Policy 605 Debt Management.Staff has worked
with the Town’s Financial Advisor Jim Manire of Hilltop Securities Inc.,Bond
Attorney Richard Buddin of Kutak Rock LLP,and Underwriter Bryan Stelmack of
Stifel,Nicolaus and Co.Inc.and others to develop the financing structure.The
proposed bond issuance would finance refunding of $3,030,000 outstanding Light
and Power Revenue Bonds Series 2007;the smart grid system for the Town’s
Light and Power Facilities;and the installation of a fiber-to-premises broadband
network.Director Hudson stated the bond principal amount,together with the
premiums earned on the sale of the bonds,would be designed to achieve the
desired $33 to $35 million in funding.The debt would be repaid through a
combination of electric and broadband revenues.Staff anticipates an October 29,
2019 bond sale date with ultimate settlement in November 2019.He stated the
bond ordinance sets the parameters for the bond and the exact interest rates would
be available at the time of the bond sales.The estimated cost of build out is $26
million.Board questions have been summarized:when does staff anticipate cash
flow projected in relation to the timeline;whether the current electric rates are
sufficient to cover the additional bonds.Board concern was stated for the unknown
interest rates.David Batey/County citizen voiced his support for the item as an
investment in the present and future.There being no further discussion it was
moved and seconded (Cenac/Norris)to approve Ordinance 24-19 authorizing
the issuance of Power and Communication Revenue Bonds Series 2019A
and 2019B,and it passed with Trustee Bangs recusing herself.
2.ORDINANCE 25-19 ADOPTING TITLE 18 OF THE ESTES PARK MUNICIPAL
CODE RELATING TO FLOOD DAMAGE PREVENTION.At the June 25,2019
and July 9,2019 study sessions staff discussed the Town’s floodplain
management program and participation in the National Flood Insurance Program
(NFIP).Staff has made efforts to update the floodplain regulations to meet the
NFIP minimum standards and conducted dialogue with CWCB,FEMA and
Attorney Kramer regarding final edits to the proposed floodplain regulations.
Advantages of participation through adoption of Ordinance 25-19 include:
maintaining eligibility for NFIP participation;improved protection of lives and
property in flood-prone areas;and cost burden would be placed on the applicant
versus the Town for Letter of Map Revisions (LOMR)on projects which require a
Floodplain Development Permit.The intent of the ordinance was recommended by
CWCB and FEMA to update the regulations to the Colorado Hazard Mapping
Program (CHAMP)data as part of the regulatory basis for establishing the Special
Flood Hazard Area in Estes Park in the interim until a new Flood Insurance Study
and corresponding Flood Insurance Rate Maps are adopted by FEMA.Staff stated
the CHAMP data was important due to the floodplain mapping differing significantly
from what currently exists.The new floodplain is showing a slightly smaller
floodplain.Change in floodplain conditions must be mapped regularly.The Town
is placed at risk of baring the cost of a LOMR to bring the maps into current record.
The maps represent an existing condition at the time of the study and should be
updated when change occurs.The Town can better serve the community by
adopting the flood damage prevention code.Board comments have been
summarized:how potential buyers are notified which properties are located in a
flood hazard area;interest in more discussions with the public;Board concern was
stated over the lack of final FEMA floodplain maps;when FEMA anticipates final
maps and when the Town can expect the update,and whether it would make sense
to wait 45 days until the Town finds out if they are a grant recipient for a flood
channel project.It was moved and seconded (MartchinkfNorris)to approve
Ordinance 25-19,and it passed with Mayor Jirsa voting No”.
3.ORDINANCE 26-19 APPROVING THE GROUND LEASE AGREEMENT WITH
ESTES PARK R-3 SCHOOL DISTRICT FOR CAREER AND TECHNICAL
Board of Trustees —September 24,2019—Page 4
EDUCATION ICTE)BUILDING.Item to be considered at the October 8,2019
meeting.No action required.
4.FEE SUBSIDY REQUEST,TOWN UTILITIES,380 COMMUNITY DRIVE,ESTES
PARK HIGH SCHOOL ICTE)BUILDING.The Estes Park High School intends to
build a CTE building with an attached greenhouse at 380 Community Drive.The
project is estimated at $1.4 million and is currently $200,000 over budget.The
school requested funding to subsidize the water tap fees and electrical line
extension costs,estimated at $83,898.Staff stated there is no adopted utility fee
waiver policy in existence.Principal Scott provided an overview of the project and
the request for fee waiver.Students are interested in helping the environment by
introducing solar and wind power to operate the facility.The school is awaiting the
title commitment from the Town for ownership of.the property.The school
requested a fee subsidy for the utilities at the proposed development.Board
questions have been summarized:whether the school has reached out to the
Community Center or other organizations for funding;if the Board granted the
waiver where would the remining over budgeted amount be allocated from;
whether the project would be expanded to all students in the school district;the
Board requested the number of students which are enrolled in the programs
currently;whether the school would offer adult education programs;whether there
would be partnership opportunities with the Town in respects to greenhouse use
by the Parks Division;and whether the school would partner with community
colleges for educational opportunities.It was moved and seconded
(MartchinkiCenac)to approve a subsidy not to exceed $21,140.80 for the
School’s CTE project,and it passed unanimously.
5.ORDINANCE 27-19 AMENDING §2.04.060 OF THE ESTES PARK MUNICIPAL
CODE TO ALLOW REMOTE PARTICIPATION BY TRUSTEES IN MEETINGS
OF THE BOARD.Item was removed from the agenda.No action was taken.
REPORT &DISCUSSION ITEMS:
1.REVIEW OF DRAFT IGA OPTIONS FOR THE JOINT TOWN BOARDICOUNTY
COMMISSION MEETING ON SEPTEMBER 30,2019.At the Boards request
Director Hunt reviewed the draft Intergovernmental Agreement (IGA)options for
the upcoming joint meeting between the Town Board and County Commissioners.
The first option would extend the existing agreement by means of a sixth
amendment to the IGA with minor changes for a one-year term providing the Town
and County time to reach a long-term agreement.The second option would involve
the adoption of the Town of Estes Park Development Code which would
encompass the current Estes Valley Development Code with revisions.He stated
the discussion would provide direction for the joint meeting.Board comments have
been summarized:Trustee Cenac questioned whether the consumer price index
increase had been collected as outlined in the original IGA;concern was stated
for two separate codes for the Estes Valley and neighboring properties;citizen
input received by the Board appeared to show varying support for each option
without consensus;concern there is a fear factor regarding separate development
codes creating significant differences between the Town and County boundaries;
the Board stated Town staff should not be reviewing County related items;and
interest was voiced to review the potential of a growth management area and how
to establish a growth management area when the majority of the surrounding area
is National Park,forests etc.Staff was directed by the Board to review Board
concerns and provide growth management options at the September 30,2019
meeting.
Whereupon Mayor Jirsa adjourned the meeting at 9:.
iaBeers,RecordingSecretary
Todd Jirsa,