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HomeMy WebLinkAboutPACKET Town Board 2016-02-09The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 9, 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.  EDC Liaison Report. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 26, 2016 and Town Board Study Session January 26, 2016. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services Committee, January 28, 2016. 4. Estes Valley Board of Adjustment Minutes dated December 1, 2015 (acknowledgement only). 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP FROM TWO 16, INC., DBA THE OTHER SIDE OF ESTES TO DEER RIDGE, INC., DBA THE OTHER SIDE RESTAURANT, 900 MORAINE AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff Prepared 2/1/16 * Revised 2/4/16 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. for Town Board Final Action. 1. CONSENT ITEMS: A. RIVERVIEW PINES TOWNHOMES DEVELOPMENT PLAN & AMENDED PLAT. Tract 56B, Replat of Tract 56, Amended Plat of Lot 2, Deercrest Subdivision & Tracts 56 & 57, Fall River Addition; 1150 W. Elkhorn Avenue; Frederick Kropp/Applicant. Planner Kleisler. 4. ACTION ITEMS: 1. AGGREGATE STORAGE BUILDING FEE WAIVER. Planner Gonzales. 2. SCOTT POND DAM MODIFICATION DESIGN CONTRACT CHANGE ORDER. Manager Ash. 3. RESOLUTION #03-16 REAPPROPRIATION OF 2015 ENCUMBERED FUNDS “ROLLOVERS” TO 2016 BUDGET. Finance Officer McFarland. 4. POLICY #660 FUND BALANCE. Finance Officer McFarland. 5. POLICY #601 PURCHASING LIMITS. Finance Officer McFarland. 6. POLICY #602 LOCAL PREFERENCE. Finance Officer McFarland. 7. ORDINANCE #02-16 – FIRST AMENDMENT TO THE LEASE AGREEMENT FOR STANLEY PARK WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT. Attorney White. 8. MAYOR RIGHT TO VOTE (CRS 31-4-302 – MAYOR - POWERS). Attorney White. 9. RESOLUTION #04-16 COMMUNITY DEVELOPMENT FEE SCHEDULES. Planning Consultant Mallory Baker.  Development Review Fee Schedules.  Sign Permit Fee Schedule.  Floodplain Permit Fee Schedule. 10. ORDINANCE #03-16 BUILDING PERMIT FEE ASSESSMENT AND COLLECTION. Planning Consultant Mallory Baker & Chief Building Official Birchfield. 11. TRANSPORTATION ADVISORY BOARD INTERVIEW TEAM APPOINTMENT. Town Clerk Williamson 5. ADJOURN. * Town of Estes Park, Larimer County, Colorado, January 26, 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 26th day of January 2016. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Johanna Darden/Town citizen read a prepared statement on expectations and heritage related to the voter approved contract to sell Lot 4, Stanley Historic District to Grand Heritage LLC (Stanley Hotel). She stated concern with the Estes Park Medical Center building a Wellness Center on property they do not own, and stated a well thought out business plan should have been developed prior to entering into the agreement. She raised concerns that all aspects of the sell/contract can be changed, such as the lease agreement with the hospital. The voters were deceived and what was approved has not been upheld. TRUSTEE COMMENTS. Trustee Norris stated Rocky Mountain National Park experienced record visitation in 2015 and continues to fill the parking lots on the weekends through the winter. The Visit Estes Park Board would hold one meeting per quarter in the Board room. County Commissioners held a meeting to receive additional public comment on vacation homes with approximately 100 attending. Mayor Pro Tem Koenig commented Sister Cities would travel to Monte Verde to sign a new 10 year Memorandum of Understanding with the Town confirming its intent to continue the sister cities relationship. A Monte Verde contingent will visit Estes Park in March for the Town’s formal signing of the agreement. The Venture Scouts are taking a group to Monte Verde to participate in the ecosystem studies in March. Trustee Phipps informed the public of a joint study session meeting of the County Commissioners, Town Board and Planning Commission on February 2, 2016 to discuss vacation homes. The February Planning Commission meeting was cancelled. Trustee Nelson thanked staff for a successful Winterfest and congratulated the Mayor on his 2nd place chili. Trustee Ericson stated the Community Development and Community Services meeting would be held on January 28, 2016. The Transportation Advisory Board has three openings on the Board. He encouraged the citizens to be involved and apply for the Board. Board of Trustees – January 26, 2016 – Page 2 Town Clerk Williamson provided an update on the 2016 election, stating the Mayoral candidates included Christine Heiberger, Todd Jirsa and Chuck Levine, and the Trustee candidates are Charley Dickey, Paul Fishman, Patrick Martchink, Jessica McGee, Ron Norris, Joseph Placek and Cody Walker. TOWN ADMINISTRATOR REPORT.  Policy Governance Report – Administrator Lancaster reported compliance with the financial budgeting with the exception of maintaining a 25% fund balance because of flood related expenses. Current fund balance is approximately 17% with an end of year budget estimate of 20%.  Larimer County Childcare Assistance Program – The County has agreed to provide assistance completing CCAP applications and assist with other services on the third Thursday of the month beginning February 18, 2016 at the Larimer County Health and Human Services office on Brodie. He thanked Nancy Almond of EVIC for bringing the request forward and the County for their support and quick response in providing the service to the Estes Park community.  Downtown Plan Final Scope and Schedule – The consultant and staff have completed a final scope for the Downtown Plan project, and staff would hold its first meeting in February with the consultant and the steering committee. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 12, 2016 and Town Board Study Session January 12, 2016. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, and Public Works Committee, January 14, 2016. 1. Dry Gulch Road Rehabilitation Project Change Order #3 – Fransworth Group, $6,460 – Street Improvement Fund. 2. 2013 Flood Repair Material Testing Change Orders #1, #2 and #3 – Ground Engineering, $19,566, $4,000 and $5,000 - Street Fund. 4. Transportation Advisory Board Minutes dated December 16, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated December 18, 2015 (acknowledgement only). 6. Estes Valley Library Reappointment of Kaye Orten for a four year term beginning January 1, 2016 through December 31, 2019. Correction to Bill Gerritz’s appointment to complete Peter Plaut’s appointment to end December 31, 2017. It was moved and seconded (Holcomb/Phipps) to approve the Consent Agenda Items, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. 1. CONSENT ITEMS: A. RIVERVIEW PINES TOWNHOMES DEVELOPMENT PLAN & AMENDED PLAT, Tract 56B, Replat of Tract 56, Amended Plat of Lot 2, Deercrest Subdivision & Tracts 56 & 57, Fall River Addition; 1150 W. Elkhorn Avenue; Frederick Kropp/Applicant. Planner Kleisler. Item Continued to February 9, 2016, at the applicant’s request. It was moved and seconded (Koenig/Holcomb) to approve the Planning Commission Consent Item Board of Trustees – January 26, 2016 – Page 3 with the findings an conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 2. ACTION ITEMS: A. SPECIAL REVIEW 2015-01, ROCKY MOUNTAIN PERFORMING ARTS CENTER, 116 E. Elkhorn Avenue; Estes Performance Inc./Applicant. Planning Consultant Mallory Baker presented the application stating the Rocky Mountain Performing Arts Center Amended Plat and Special Review applications are intended to accommodate a mixed-use building comprised of a 760-seat performing arts center, a 20-unit hotel and accessory space, a bar, restaurant, and Winter Garden, and a spa. She pointed out the key issues of the applications include the unique site characteristics, the dedicated Riverwalk easement to the Town to provide future connectivity along Fall River, and the need to mitigate parking congestions in the downtown core. A portion of the building would be located on 7,775 square feet of the Riverside parking lot owned by the Town for which an Option to Purchase Real Estate Agreement has been entered into. Parking mitigation strategies include shared parking agreements with downtown private parking lots, the School District lots, a potential agreement with the Town for use of parking lots near the property for a fee, and a potential capital contribution to the Town for a future designed and approved public parking structure. One or all of the strategies should be formalized in the Development Agreement as a condition of approval. The Special Review application requests three variances from the Board of Adjustment, including a height variance, a river setback, and an exterior lighting variance. The Planning Commission recommended unanimous approval of the Special Review and Amended Plat with conditions of approval at their December 15, 2015 meeting. Construction of the project may begin within the next three and half years and the facility, once commenced, would be built in 18 months. The Board provided comment and questions including the project has been well conceived and the application has addressed the need for height, mitigated parking concerns, and demonstrated how it would generate revenue; the timeline for construction would be a significant disadvantage; and questioned if spanning the river would be problematic in light of the recent 2013 flooding of the area. Planner Baker stated the applicant would be widening the channel and have mitigated staff’s concerns related to the flow in through the area. A floodplain permit would be reviewed by a number of agencies including the Town officials prior to issuance of a building permit. Stan Black/EPIC Board Chair stated the development would be consistent with the Estes Valley Comprehensive Plan, zoning district, Town Strategic Plan and the EDC Strategic Plan. The Elkhorn frontage would allow for commercial leases which would fund the operations of the theater with no additional funds needed from the local government or other entities. To further address parking issues outlined by staff, a valet would be onsite to park hotel guest vehicles in the basement parking lot, consideration on the time of day for scheduling shows, shuttles to offsite parking lots, and relocation of employee parking offsite. Four neighborhood meetings were held to address concerns related to parking, the exterior of the building, and commercial uses within the building. Through site surveys it was determined the neighboring structures encroached upon the site. The exhaust fan on the side of the Carmel Crisp would be relocated to the roof of the building at the applicant’s expense. Tom Doherty/EPIC Vice President presented the economic impacts of the project including the intrinsic value of the arts on the culture of the town, the competition from other communities, and would provide the nearly 4 million visitors to the area with additional entertainment options. The theater would Board of Trustees – January 26, 2016 – Page 4 provide a year-round entertainment venue used by local performers as well as talent from around the country. The theater would have an overall economic impact of over $9 million to the local economy. Roger Thorp/EPIC Member and Architect provided a review of the building stating the Elkhorn frontage has been updated since the neighborhood meetings to include a modern mountain structure with a brick façade on the Rockwell frontage. The winter garden would be built along the river running through the building in celebration of the river. Those speaking in favor of the project included Jon Nicholas/EDC Executive Director, Ron Wilcocks/Downtown business owner, Paul Fishman/Town citizen, Pat Nelson and Craig Soderberg/Estes Arts District, Greg Steiner/Town citizen, Scott Webermeier/Visit Estes Park, Kirby Hazelton/Estes Valley Partners for Commerce, Diane Muno/Downtown business owner, and Adam Shake for Charley Dickey/Town citizen. The EDC identified the performing art center as a key component in the development of their strategic plan to aid the economy and brand the community. The project would impact the downtown business views; however, the economic impact outweighs the views and would bring new jobs, new restaurants, and businesses. Studies have demonstrated the cultivation of the arts would bolster the economy, provide jobs, vitalize the town, and improve the quality of life for the residents of the town. The center would aid in the Creative Arts in acquiring the designation from the State for a Colorado Creative Arts District. The center would provide a year-around economy and attract new visitors to the town. The project would provide a positive redevelopment of a downtown site for the community. Trustee Ericson congratulated the EPIC on the development of an extraordinary project and thanked Sharon Seeley for providing the property for the project. He questioned where EPIC stood on fundraising efforts. Stan Black/EPIC Board Chair stated the fundraising efforts were placed on hold after the flood as it was unknown if the project would receive approval to be built over a river post flood. EPIC would begin fundraising efforts in March to participate in an investor market place with the approval of the project by the Town. The project can sustain low income loans because of the income the property would generate. The project would require $14 million in fundraising to be built. After further discussion, it was moved and seconded (Ericson/Holcomb) the application substantially meets the review criteria, and moved to approve the Special Review 2015-01 and the Amended Plat for the Rocky Mountain Performing Arts Center with the conditions recommended by the Planning Commission, and it passed unanimously. B. AMENDED PLAT, ROCKY MOUNTAIN PERFORMING ARTS CENTER; Lots 17-19, Block 5, Town Of Estes Park & Lot 34 & A Portion Of Lot 33, 2nd Amended Plat Of Riverside Subdivision, And A Portion Of Land Within The Banks Of Fall River; 116 E. Elkhorn Avenue; Estes Performance Inc./Applicant. Action was taken for the item under the Special Review 2015-01. C. SPECIAL REVIEW 2014-01C, EPMC WELLNESS TRAINING CENTER, Lot 4, Stanley Historic District, 520 Steamer Parkway. Attorney White reviewed the promissory note between the Town and the Stanley for Lot 4, Stanley Historic District. The contract for $1.65 million was approved by the voters with $1 million transferred at closing on April 22, 2014 and a promissory note for $650,000 if a Wellness Center building permit was not in place within two years from closing. The note contained a provision to forego $375,000 if the Medical Center began construction within 2 years Board of Trustees – January 26, 2016 – Page 5 and not the Stanley Hotel. The conditions of the contract cannot be altered without a vote of the citizens. Betty Hull/Planning Commission Chair questioned why the revised project design was not remanded back to the Planning Commission for review as a new application. The Commission did not review or make a recommendation on the new project design for a height variance of five-six feet and the removal of the fourth floor. The Commission views this as a procedural violation and would request the application be sent back to the Commission for review. Attorney White stated no legal requirement exist requiring the application to be reviewed by the Planning Commission prior to the Town Board. Planning Consultant Mallory Baker reviewed the revised application which includes a conversion of a portion of the Accommodation building currently under construction to a wellness center use on the ground floor; addition of two (2) ground floor exterior patios to be used for wellness center programming; addition of a 3,560 square foot outdoor deck area on the third-floor roof and 246 square foot walkway to said deck, to be used for wellness center programming; authorization of a height greater than 30 feet to accommodate two stair bump outs providing access to the third-floor roof and proposed deck; and authorization to remove a previous condition of approval that prohibited outdoor activities. The original application was denied by the Planning Commission for a fourth story stating the application did not comply with Special Review criteria to the maximum extent feasible, alternatives were not fully reviewed and economics was an overriding factor. Removal of the fourth floor resulted in a 93-95% reduction in volume of the building over 30 feet. The revised request would require a maximum of six and half feet for one of the two stairwell bump outs. By adding vertical height rather than expanding the building footprint, the applicant’s proposal effectively limits impervious coverage on the site and maximizes open space. The third floor roof deck would be used for wellness programming such as yoga and other outdoor fitness classes and gatherings. Staff recommends a condition of approval to limit outdoor activity to wellness center uses as articulated in the Statement of Intent and prohibit amplified sound. The applicant’s current parking infrastructure would be insufficient for wellness programming to be offered to clients not staying at the hotel. Staff recommends a condition of approval requiring a parking and shuttling plan be reviewed should the programming change to include services to clients off property. Trustee Norris questioned the need for a height variance; what other mitigating steps had been taken to address the need; and how the variance was vital to the hotel or the wellness programming. He did not have concern with the use request or the outside ground uses for the patio requested in the application. Mayor Pro Tem Koenig questioned the need for two stairwell access points. Staff stated the building code requires two means for egress. Lucia Lily/Stanley representative commented the applicant requested the amendments to the Special Review to allow the wellness uses on the first floor and fourth story of the accommodation building by the hospital. The request was modified after the Planning Commission recommendation of denial and with the recent decision of the Medical Center to renew their fundraising campaign for a standalone wellness facility on Lot 4. The applicant’s revised request removes the fourth floor and adds the use of the third floor for wellness activities on the roof deck. The stairwell bump outs are required to be enclosed per the building code. The stairwells have been designed with a block design and an angle design for the Board’s consideration. The Town’s consultant has recommended the block design and one color design to minimize the impact of the bump outs. The removal of the fourth floor significantly reduces the impact to the neighboring Board of Trustees – January 26, 2016 – Page 6 properties. The first floor would be used to incubate a wellness program to include research, consultation, lab services, testing, massage and recovery. The rooftop deck may provide exercise, meditation and yoga activities. The Medical Center could brand wellness and continue to work on their wellness initiative. The program could help the Medical Center with their fundraising efforts. It is anticipated the rooftop deck would be used 80 to 100 days a year. John Cullen/Stanley Hotel owner stated the rooftop deck would be a selling feature because of the view and experience. The first floor wellness center would be located in a 9 foot high basement. The original request for the fourth floor would have allowed programming 365 days a year versus 100 days for an outdoor deck. The height variance request should be considered de minimis. The surrounding landscaping would not impact the view corridor as the fat boy spruces would only grow to 24 feet providing privacy for the hotel guests. Chuck Levine/EPMC Board of Director thanked John Cullen for his efforts to ensure a wellness program in Estes Park. He confirmed the Medical Center has retained a new fundraiser to raise the necessary funds to build a standalone Wellness Center; however, the Center stands behind the efforts of the Stanley to introduce a wellness program with a change in use within the accommodation building. He presented a check for $325,000 for a 49 year ground lease on Lot 4 for the Wellness Center to be built by the Medical Center. Ken Teselle/Estes Park Medical Center Foundation President stated the Foundation passed a resolution committing $325,000 in unrestricted funds to the Estes Park Medical Center in support of the Wellness Center. Those speaking against the Special Review included Ed Hayek/Town citizen presented by Larry Allen/Town citizen, Jean McGuire/Town citizen, Barb Davis/Town citizen presented by Jeanne Allen/Town citizen, Doug Warner/Town citizen, Pat Blume/Town citizen, and Johanna Darden/Town citizen. The voter intent would not be supported by the request for a height variance and outdoor activities which would be detrimental to the surrounding properties. The community has not been afforded time to review the revised application. The Planning Commission should review the application prior to consideration by the Town Board. The height variance and outdoor deck would not be critical to the success of the accommodation use. The applicant was aware of the development and building codes prior to the purchase of the property. The applicant should build the initial plan approved by the voters and not be allowed to exceed the 30 foot height regulation. The Board should uphold the Planning Commission’s recommendation of denial. Those speaking in favor of the Special Review included Paul Fishman/Town citizen, Frank Dumont/Town citizen, Jon Nicholas/EDC Executive Director, Diane Muno/Town citizen and downtown business owner, and Craig Soderberg/Town citizen. A destination wellness center would fuel community wellness in Estes Park; however, with the delays the Medical Center has moved forward in taking care of its employees through the CU State of Slim Wellness program. This has provided data to use in the development of a Wellness Center by the hospital in the future. These services can be provided in the accommodation building now while the Medical Center fundraises to build the standalone building. The Avalanche report highlighted wellness as an economic driver for Estes Park. Local support for wellness would allow the Medical Center to apply for a 25% tax credit. The reduction of nearly 95% of the impact in the height request is significant. The downtown theater project has requested a significant height variance and there was no public comment against the request. Board of Trustees – January 26, 2016 – Page 7 It was moved and seconded (Koenig/Phipps) to approve the continuation of the meeting past 10:00 p.m. until the agenda is complete, and it passed unanimously. Rebecca Urquhart/Ed & Marlene Hayek and Barbara Davis representative officially objected to the Special Review. She questioned the third floor activities on the accommodation building and stated the Medical Center can provide the third floor activities on their standalone building. She asserted the applicant has not demonstrated to the maximum extent possible they have mitigated concerns to the fullest extent possible. The Board has restricted outdoor uses twice during the development plan and the initial change to the accommodation building. The stairwells and railings are above the 30 foot height limit and would adverse impact her clients. She stated the Special Review process is limited to uses and not to height variances. The Development Code allows for a slope allowance not allowed by the Stanley Historic District; however, the Development Code would require a height variance through the Board of Adjustment. She stated she has filed an appeal of the request and commented the public has not been allowed due process to review the revised plan. Lucia Lily stated the only process that could be used for a height variance in the Stanley Historic District is a Special Review. The applicant has removed the most contentious portion of the request by removing the fourth floor. Mr. Cullen stated he needs the rooftop area to make the wellness program work in Estes Park. If the plan does not receive approval he would build additional rooms for the hotel. It was moved and seconded (Phipps/Norris) to refer the application back to the Planning Commission for review at their February meeting, and the motion failed with Trustees Phipps, Koenig and Norris voting “Yes” and Trustee Ericson, Holcomb, Nelson and Mayor Pinkham voting “No”. It was moved by Trustee Norris the application substantially meets the review criteria, and move to approve the Amended Special Review 2014-01C for the Aspire Wellness Complex at the Stanley with the conditions recommended by the Planning Commission and the deletion of the third floor deck, removal of the stairwell bump outs and remain at the 30 feet. The motion failed due to a lack of a second. It was moved and seconded (Ward/Ericson) the application substantially meets the review criteria, and move to approve the Amended Special Review 2014-01C for the Aspire Wellness Complex at the Stanley with the conditions recommended by staff, and the motion passed with Trustees Ericson, Holcomb, Nelson and Pinkham voting “Yes” and Trustee Koenig, Norris and Phipps voting “No”. Mayor Pinkham called a break at 10:44 p.m. and reconvened the meeting at 11:00 p.m. 3. ACTION ITEMS: 1. ORDINANCE #01-16 – AMENDING MUNICIPAL CODE CHAPTER 5.20 – BUSINESS LICENSES AS IT RELATES TO VACATION HOMES AND FEE SCHEDULE. Planner Kleisler presented Ordinance #01-16 amending the Municipal Code to set a separate business license fee for vacation homes with proceeds to offset administrative cost and proactive code enforcement directly related to the use within Town limits. Staff conducted a fee structure analysis and recommended a tiered fee structure of $200 per unit and $50 per bedroom with no cap on the fee. The new fee structure would increase fee collection by approximately $30,000. The additional funds would be used to hire a new seasonal code enforcement officer to address compliance issues related to vacation homes. Staff would assess the fee on the number of bedrooms Board of Trustees – January 26, 2016 – Page 8 identified by the Larimer County Assessor, regardless if the number of bedrooms would exceed the number of allowable guests. For example, a 5 bedroom house would be assessed a $450 business license fee but would be limited to the maximum of eight guests. Tony Schetzsle/Town citizen stated he moved into a residential and not a commercial zoned district and would recommend a flat fee for vacation homes with a limit of eight guests no matter the size of the home. He would not support the proposed ordinance which would allow the Board to consider higher occupancy in the future. Attorney White read Ordinance #01-16. It was moved and seconded (Norris/Holcomb) to approve Ordinance #01-16 with an emergency clause to allow the Clerk’s office to invoice vacation homes for 2016 immediately, and it passed unanimously. 2. MAYOR RIGHT TO VOTE (CRS 31-4-302 – MAYOR - POWERS). Attorney White stated the voting right of the Mayor is set by state statute Section 31-4-302 and allows the Town to adopt an ordinance to limit the Mayor’s right to vote in cases of a tie only. This further allows the Mayor to veto any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract approved by the Board. The Town has operated since at least 1961 with the Mayor voting only in the case of a tie. The state statute allows the ordinance to be amended or repealed only within sixty days preceding an election of the mayor and would take effect upon the elected Mayor taking office. If modified to allow the Mayor to vote on all issues, the authority to veto would be eliminated. Mayoral candidates Chuck Levine and Todd Jirsa both spoke in favor of allowing the Mayor the right to vote on all issues. Discussion followed amongst the Board with Mayor Pinkham stating concern that an opinionated mayor may direct the vote of the rest of the Board; Trustees Holcomb and Norris would support the Mayor’s right to vote on all issues; Mayor Pro Tem Koenig and Trustee Nelson would not support a change to the ordinance. As a formal recommendation could not be reached the Board requested the item be continued to the next meeting to allow further public comment and consideration. 3. RESOLUTION #02-16 - BARNES DANCE REINSTATEMENT REQUEST TO CDOT AT RIVERSIDE/ELKHORN AND ELKHORN/MORAINE. Director Muhonen presented a request to CDOT to reinstate the Barnes Dance or pedestrian scramble to the Elkhorn intersections at Riverside Drive and Moraine Avenue. The two intersections were updated in 2010 to construct turn lane, access ramp improvements and upgraded traffic signal controls eliminating the Barnes Dance and allowing pedestrians to cross the intersection side-streets by traveling parallel to the through-traffic during the green light phases of the traffic signal program. During the 2015 season a study was conducted a comparative measurement evaluation of traffic delay, traffic volume, and vehicular backup of both the Barnes Dance and conventional crossing operations. The study found the vehicular delays were increased by 22% and the pedestrian crossing was increased by 7%. The Police department and the Transportation Advisory Board requested the Barnes Dance be reinstated as it provides a safer environment for pedestrians and a unique guest experience. CDOT has declined to reinstate the Barnes Dance as their mission is to improve vehicular flow on the highway system, and further consideration of the issue would need to be directed to the CDOT Region 4 Director. The PUP Committee requested the reinstatement of the Barnes Dance be considered by the full Board at their January 14, 2016 meeting. Staff recommended a Resolution to provide the Town Administrator the authority to enter into discussions with CDOT to reinstate the Barnes Dance by May 27, 2016, and direct CDOT Traffic Operations staff to perform periodic evaluations Board of Trustees – January 26, 2016 – Page 9 and adjustments to the signal timing plan to optimize service delivery to vehicular and pedestrian users in the two intersections. Police Chief Kufeld stated during his 20 plus years of service in Estes Park, he has observed the Barnes Dance effectively move traffic and pedestrians through the intersections in a safe manner. If approved the Police would place a Community Service Officer (CSO) in the intersection during the peak hours of the summer and fall seasons. Kent Smith/Town citizen and Jenna MacGregor/Town citizen stated concern with moving pedestrians in a safe manner and reducing the incidences of potential accidents between vehicles and pedestrians. They would support the reinstatement of the Barnes Dance to the intersections. It was moved and seconded (Koenig/Holcomb) to approve Resolution #02- 16 and authorize the Town Administrator to submit the Barnes Dance reinstatement request to the CDOT Region 4 Director, and it passed with Trustee Ericson voting “No”. 4. HYDROLOGY STUDY FOR FALL RIVER, UPPER BIG THOMPSON RIVER, BLACK CANYON CREEK & DRY GULCH CONTRACT AWARD. The study would refine the current, best available hydrology data from the post-flood CDOT study for Fall River, Upper Thompson River, Black Canyon Creek and Dry Gulch allowing the Town to make informed decisions to protect the community, infrastructure and environment. The project results would conform to all federal, state standards including the modeling and mapping standards of FEMA and CWCB. The results would be provided to the federal, state and local agencies and used by the state to remap the regulatory floodplain boundaries. A Request for Proposals was issued on December 8, 2015 and five proposals were received and ranked by the selection committee. Wright Water Engineering, Inc. was selected by the committee. If approved the company would begin work in February with a completion date set for May 31, 2016. The project is 100% grant funded through a Community Development Block Grant – Disaster Recovery through the Department of Local Affairs in the amount of $105,800. It was moved and seconded (Norris/Holcomb) to approve a professional service contract for the Fall River, Upper Big Thompson River, Black Canyon Creek and Dry Gulch Hydrology Study with Wright Water Engineers, Inc. with the project cost not to exceed $105,800, and it passed unanimously. 5. LARIMER COUNTY WASTE MANAGEMENT POLICY COMMITTEE APPOINTMENT. Administrator Lancaster stated the County requested a member of the Town Board be appointed to the committee. Mayor Pro Tem Koenig volunteered to sit on the committee. It was moved and seconded (Norris/Nelson) to approve the appointment of Mayor Pro Tem Koenig to serve on the Larimer County Waste Management Policy Committee, and it passed unanimously. 6. ADDITIONAL COMMUNITY DEVELOPMENT POSITION. Town Administrator Lancaster stated the growing number of community planning projects, increased demand for planning and building services, and the need for code amendments as outlined in the Avalanche report requires more staffing. He requested the Board add a Senior Planner position. Community Development Chilcott expressed an interest in the position if the Board approves the position. If approved the Town would begin the search for a new Director. It was moved and seconded (Holcomb/Ericson) to approve the addition of a Senior Planner position in Community Development, and it passed with unanimously. Whereupon Mayor Pinkham adjourned the meeting at 11:56 p.m. Board of Trustees – January 26, 2016 – Page 10 William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, January 26, 2016 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at the Town Hall in Rooms 202/203 in said Town of Estes Park on the 26th day of January, 2016. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Attorney White, Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. FUND BALANCE POLICY. Finance Officer McFarland presented a draft policy related to fund balance for discussion. The draft policy proposes maintaining a 20% fund balance in the General Fund which would include a 3% Tabor reserve; a 10% operating reserve in Fleet; a minimum of 15% of the fleet replacement value in the Vehicle Replacement Fund; and approximately $100,000 to $200,000 in the IT Fund. The policy recommends maintaining reserves of 30%-40% of the three-year rolling average of annual claims in the Medical Insurance Fund. The Enterprise Funds, Light and Power and Water, have defined bond reserve requirements and operations and maintenance requirements in addition to self-imposed reserves for debt coverage and maintenance and replacement of infrastructure. The Community Reinvestment Fund and Special Revenue Funds do not have minimum reserve requirements and the Theater Fund is a fiduciary fund held by the Town. Finance Officer McFarland explained the make-up of fund balance which includes non- spendable fund balance, restricted fund balance, committed fund balance, assigned fund balance and unassigned fund balance. These categories have different levels of restriction and spendability. He noted that percentages are important, but it is also important to monitor the actual dollar amount in each fund and said that adopting a fund balance policy would facilitate making budget-related decisions. The Board concurred with the proposed policy noting that 20% fund balance is a reasonable target and noted that the Town’s revenues are sales tax-driven, creating a level of uncertainty that does not exist in municipalities that are property tax-driven. The Trustees noted that the repair work on Highway 34 over the next year or two may impact the Town’s economy. Staff will prepare to bring the fund balance policy forward to the Trustees at an upcoming Town Board meeting. PURCHASING POLICY. A draft purchasing policy was brought forward to the Board by Finance Officer McFarland. The purpose of the policy is to designate spending authority and limits, and to set financial preference parameters for local contractors. Development of the purchasing policy has been ongoing and has included input from the leadership team and a review of policy governance to determine appropriate approval levels – either Board level or administrative level. The Town Board currently approves budgets at the fund level and often times re-approves expenditures over $30,000. The proposed draft policy delegates pre-approved budgeted expenditures under $100,000 to the Town Administrator and allows step-down levels of spending to specific staff positions. All procedures for expending funds such as budget approval, RFPs, purchase orders, etc., would still be required and maintained. The policy would allow for a more expedited spending process Town Board Study Session – January 26, 2016 – Page 2 when all required criteria has been met. The Trustees discussed the purchasing limits contained in the draft policy that were being proposed for particular job titles and said the purchasing limits should not be defined by job title, but rather by the type of projects and expenses that are incurred by individuals holding these particular positions. It was noted that the spending limits are per contract per purchase. The Board agreed that the policy would streamline the process and still retain the checks and balances that are currently in place. In regard to local purchasing preference, current policy allows for a local preference discount when selecting vendors if the local contractor’s bid is within 2% of the out-of- town vendor’s bid. Following discussion, the Board agreed with staff’s policy proposal to increase the local preference percentage to 5%. It was noted that federal and state grants do not allow for local preference discounts and that staff will need to keep this in mind when utilizing grant funds so as not to violate grant guidelines. The Purchasing Policy will be prepared for Town Board consideration at an upcoming Town Board meeting. Mayor Pinkham recessed the meeting at 5:20 p.m. for a dinner break and resumed the meeting at 5:43 p.m. BUILDING CODE LOCAL AMENDMENTS FOR VACATION RENTALS WITH OCCUPANCY OVER EIGHT (8). Chief Building Official (CBO) Birchfield provided the Board with options related to regulating vacation home rentals. As a review from the January 12, 2016, Town Board Study session, CBO Birchfield stated that the Board can choose to regulate vacation homes either through the International Residential Code (IRC) or the International Building Code (IBC). Options provided included: 1. No change – regulate to the IRC – vacation homes would continue to be licensed with no inspections or additional safety requirements. 2. Regulate to the IBC – This would provide the greatest amount of protection to renters, however, it would likely come at a sizable cost to the vacation home owner. At a minimum sprinkler and accessibility requirements would be triggered. 3. Hybrid Approach – Adopt local code amendments to address critical needs of the community. The Board would have the ability to tailor requirements to include life safety surveys to address, for example, unpermitted work, verify street address, verify proper egress, check CO and smoke alarms, and inspect existing gas appliances. He stated a $200 fee in addition to the business licensing fee would likely be required to pay for the cost of the safety survey. CBO Birchfield noted that if violations were found during the safety survey, the owner would be required to rectify the violations. The Board’s discussion is summarized: Larimer County has not made a final decision as to which code they will use to regulate vacation homes; strive for consistency with Larimer County regulations; require surveys/inspections for all properties engaging in short term rentals of less than 30 days; surveys/inspections would provide better safety for guests and surrounding neighbors and neighborhoods; depending on findings, supplemental surveys/inspections may be required; frequency of surveys/inspections would need to be determined; don’t want to over-legislate but care about public safety; consider inspection of long term rentals in the future; ADA standards are included in the IBC but are not included in the IRC; schedule a survey/inspection during 2016 in order to be licensed as a vacation home in 2017; and recommendation is to survey all vacation homes. Staff will develop local amendments based on the hybrid model to bring forward to the Board in conjunction with the adoption of the IRC, the IBC and the property maintenance code. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Phipps noted that the action item at the subsequent Board meeting is about vacation home fees and that discussion should be focused on that topic only. Town Board Study Session – January 26, 2016 – Page 3 FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Lancaster scheduled the following topics for discussion:  February 2, 2016 – Joint Meeting with the County Commissioners regarding Vacation Homes. (A final follow-up meeting with the Commissioners is proposed for March 1, 2016)  March 8, 2016 – Biennial Citizen Survey – Custom Questions  March 8, 2016 – Utility Metering Infrastructure  March 22, 2016 – Status report on Capital Improvement Plan Process The following discussion topics have been approved for discussion but have not yet been scheduled:  Annexation Philosophy  Work Plan for Code Changes  Personnel Policy Schedule A discussion related to the Sister Cities program has been removed from the list of study session agenda topics. There being no further business, Mayor Pinkham adjourned the meeting at 6:36 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, January 28, 2016 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 28th day of January, 2016. Committee: Chair Ericson, Trustees Holcomb and Phipps Absent: None Also Attending: Assistant Town Administrator Machalek, Director Fortini, Planners Chilcott, Gonzales and Kleisler, Chief Building Official Birchfield, Coordinator Jacobson, Managers Salerno, Lynch and Mitchell, and Recording Secretary Limmiatis Trustee Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. COMMUNITY DEVELOPMENT DEPARTMENT. AGGREGATE STORAGE BUILDING FEE WAIVER REQUEST. Planner Gonzales presented the request to waive $3,913.55 in development application and building permit fees for the construction of the aggregate storage building at 640 Elm Road. The fee waiver application remains consistent with the adopted Community Development Fee Waiver Policy by supporting vital community needs such as public funded government construction. The proposed building would provide a storage area for pothole patching equipment, aggregate material and allow year round pothole patching operations by the Public Works Department. The Committee recommended the approval of the Aggregates Storage Building Fee Waiver Request to be included as an Action Item at the February 9, 2016 Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Annual Report – Planner Chilcott provided an overview of the activities in each of the core governmental services including Departmental Strategic Planning, Long Range Planning, Developmental Review, Building Safety, Floodplain Management, Sign Regulation, Code Compliance and Finance. Chilcott noted staff’s continued efforts on the modernization of the Estes Valley Comprehensive Plan, the Department’s efforts to streamline many processes and head towards cost recovery on services provided, updating the International Building Code with Local Amendments, consideration of adopting the International Property Maintenance Code, estimated flood insurance costs, grant activity, vacation home rental compliance and zoning. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Visitor Services Quarterly Report – Manager Salerno stated the Visitor Center experienced the busiest fourth quarter since opening at the location in 2006. With 414,441 total visitors in 2015, this was the busiest year on record. Retail sales were at an all-time high of $46,741. Phone calls increased by 9.1%. 68 Ambassadors are on the roster who have helped outside of their weekend shifts to assist the counter throughout the week.  Event Report – Coordinator Jacobson provided an overview of the Tinsel Tavern Tour, Winter Festival, and the upcoming Whiskey Warm Up. The Tinsel Tavern Tour Community Development / Community Services – October 22, 2015 – Page 2 and Winter Festival both saw an increase in attendance. Staff would continue to evaluate the events to improve participation in 2016. The Whiskey Warm Up event would see a new model in 2016. The kid’s component would be eliminated and focus would be placed on the tasting element.  Verbal Updates and Committee Questions – Manager Lynch provided an update on rental income of the Events Complex. From the fourth quarter of 2015 to date $41,600.00 has been billed, not including food or beverage. Several events have been booked for 2016, including a Vintage Market, cheerleading and an equestrian events. Several contracts are out for signatures. Lynch plans to work with Visit Estes Park to co-sponsor the Meetings Industry Council trade show. Ads would be placed in Mountain Meetings magazine in attempt to capture audiences in the neighboring states. CULTURAL SERVICES DIVISION. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Quarterly Report – Director Fortini stated the Meet Me @ The Museum programs are gaining popularity demonstrated by above average attendance during the fourth quarter. Curator of Collections Mucci continues to process items transferred from the Stanley Museum in Maine and anticipates completion by the end of January 2016. Currently staff is working on a partnership with the MacGregor Ranch Museum to offer a temporary art exhibit in 2016. Staff continues to work on plans for remodeling the main building and the Estes Park Museum Friends & Foundation is raising funds for a new storage facility.  Senior Center Quarterly Report – Manager Mitchell provided an overview of activities during 2015. Increases were seen in number of visits, attendance at programs, Meals on Wheels, and rentals. Staff continues to work closely with the Estes Valley Recreation and Parks District on plans for the Community Center. There being no further business, Trustee Ericson adjourned the meeting at 10:03 a.m. Barbara Jo Limmiatis, Recording Secretary RECORD OF PROCEEDINGS Special Meeting of the Estes Valley Board of Adjustment December 1, 2015 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Pete Smith, Vice-Chair Don Darling, Members Wayne Newsom, John Lynch, and Jeff Moreau Attending: Chair Smith, Members Lynch, Newsom and Moreau Also Attending: Planner Gonzales, Recording Secretary Thompson Absent: Member Darling Chair Smith called the meeting to order at 9:00 a.m. There were two people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes from the September 1, 2015. It was moved and seconded (Newsom/Moreau) to approve the Consent Agenda as presented and the motion passed unanimously. 3. LOT 14, LITTLE VALLEY 2nd FILING, 3850 Star Way Planner Gonzales reviewed the staff report. The applicant, Jeff Legg, requests a variance from the Estes V alley Development Code, Section 4.3, Table 4-2, to allow for a 23-foot front yard setback in lieu of the required 50-foot setback required in the RE–Rural Estate zone district. Staff has granted a staff-level Minor Modification for this site in order for the partially-built outbuilding to encroach into the side setback up to 10%. The actual building location encroaches into the side setback less than 10%. However, the front yard setback encroachment cannot be granted by staff, therefore a variance has been requested. Planner Gonzales stated the applicant began construction on the outbuilding without permits. Larimer County placed a stop work order on the project, and it was then determined a variance would be required to continue construction. The applicant was quick to respond to the stop work order and submitted the variance application. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 December 1, 2015 Planner Gonzales stated the application was routed to all affected agencies and adjacent property owners. Affected agencies had no comments. The applicant provided two letters of support from adjacent property owners. Staff Findings 1. Special circumstances or conditions exist: Staff found the lot is undersized (0.9 acres) for the RE–Rural Estate zone district, which has a 2.5 acre minimum. The lot almost complies with the minimum lot size for the E-1–Estate zone district, which has a one acre minimum lot size. The subdivision was platted in 1968, before adoption of the EVDC, with the existing home being built in 1983. A cul-de-sac was platted at the terminus of Star Way. The 50-foot setback requirement in this zone district is not only from property lines, but also from the edge of any dedicated right-of- way. The cul-de-sac is platted as dedicated right-of-way. Having an unbuilt platted cul-de-sac creates larger setback requirements. Also, other lots in the Little Valley 2nd subdivision are much larger than this particular lot. 2. In determining “practical difficulty”: a. Whether there can be any beneficial use of the property without the variance; Staff found the existing single-family use can continue but any addition to the home or additional building on the site will be determined by the buildable space. These building additions may occur on the site without a variance but the practical location for them may be hindered by the physical attributes of the land and setback requirements. The applicant has provided as part of the application a site plan that depicts limits of steep rocky areas. These areas reduce the buildable area of the lot by 50%. A septic tank and leach field also limit where new buildings may be placed. b. Whether the variance is substantial; Staff found the variance was not substantial. The likelihood of the cul-de-sac being built at this location is extremely low, therefore building in the required setback is very minimal. The outbuilding is located approximately 65 feet from the road. c. Whether the essential character of the neighborhood would not be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff found the essential character of the neighborhood would not be substantially altered with the approval of this variance. Two neighbors provided written comment supporting the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Approval would not have any effect on public services such as utility lines, drainage, or roads. e. Whether the applicant purchased the property with knowledge of the requirement; RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 December 1, 2015 The applicant purchased the property in 2009 and was not aware of the setback requirement. The applicant stated the project was started by a builder who was not knowledgeable of the existing setback and building permitting process. A “stop work order” was placed on the job, pending outcome of this variance request. f. Whether the applicant’s predicament can be mitigated through some method other than a variance. An outbuilding could be built at a location that complies with the 50-foot setback, at a site outside of the steep rocky area. This would involve demolition of the current building already under construction. 3. No variance shall be granted if the submitted conditions or circumstances affecting the applicant’s property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations; Building at this location has little effect on the neighbors and aims at preserving natural features of the land and existing trees. The area in which the outbuilding is placed was chosen to avoid cutting trees on the site. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots… No recommended conditions. Because the structure is already half-built, staff has required a setback certificate to verify the exact location of the structure. Planner Gonzales stated staff recommended approval of the variance request, with the findings recommended by staff. A setback certificate has already been requested. Public comment Jeff Legg/applicant stated the builder will be LJ Davis. The person previously involved is no longer working on the project. He stated there are really no other practical options; further south would be above septic tank, north would be the leach field, and other areas were difficult due to the topography. Mr. Legg stated it is very unlikely the cul-de-sac will ever be completed. Howard Foster/ adjacent property owner stated this project is a non-event for him due to the remoteness of the property. Public comment closed. Staff and Member Discussion None. Conditions of Approval None. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 December 1, 2015 It was moved and seconded (Lynch/Moreau) to approve the variance request for Lot 14, Little Valley 2nd Filing with the findings determined by staff and the motion passed unanimously. ELECTION OF OFFICERS Chair Smith stated the Chair for 2016 needs to be a County resident, and the Vice-Chair needs to be a Town resident. It was moved and seconded (Moreau/Newsom) to nominate Member Darling for the Chair position and the motion passed unanimously. It was moved and seconded (Smith/Moreau) to nominate Member Newsom for the Vice-Chair position and the motion passed unanimously. 4. REPORTS Secretary Thompson reported receiving several phone calls and emails concerning the Board of Adjustment and its relationship to the Stanley Hotel’s Accommodations Building/Wellness Center height variance request. She stated the Stanley Hotel property is governed by the Stanley Historic District regulations in the Estes Park Municipal Code. The Estes Valley Board of Adjustment is governed by the Estes Valley Development Code. Therefore, the Town Board is the decision-making body for the current project on the Stanley Hotel campus. There being no other business before Board, the meeting was adjourned at 9:20 a.m. ___________________________________ Pete Smith, Chair __________________________________ Karen Thompson, Recording Secretary Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: February 9, 2016 RE: Liquor Licensing: Transfer of Ownership from Two 16, Inc., dba The Other Side of Estes, to Deer Ridge, Inc., dba The Other Side Restaurant, 900 Moraine Avenue, Hotel and Restaurant Liquor License. Objective: Transfer an existing liquor license located at 900 Moraine Avenue to the applicant, Deer Ridge, Inc. Present Situation: A Hotel and Restaurant Liquor License is currently held at the location referenced above by Two 16, Inc., dba THE OTHER SIDE OF ESTES. The applicant is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on December 22, 2015. A temporary permit was issued on December 22, 2015, upon acceptance of the completed application. The temporary permit authorizes the transferee to continue the sale of alcohol beverages as permitted under the permanent license while the application to transfer ownership of the license is pending. The applicant has submitted all necessary paperwork and fees and is aware of the TIPS training requirement. Proposal: Town Board review and consideration of the application to transfer the existing license to Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT. Advantages: The transfer of the license provides the business owner with the opportunity to continue operating an existing, liquor-licensed establishment without an interruption of service to its clientele. Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business during the licensing process. Town Clerk’s Office Memo Page 2 Action Recommended: Approval to transfer the existing Hotel and Restaurant Liquor License to Deer Ridge, Inc. Budget: The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License transfer is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Hotel and Restaurant Liquor License is $869 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor License filed by Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT. April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed December 22, 2015 .  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation .  There is a police report with regard to the investigation of the applicants.  Status of T.I.P.S. Training: X Unscheduled Completed Pending Confirmation MOTION: I move the Transfer Application filed by Deer Ridge, Inc. doing business as THE OTHER SIDE RESTAURANT for a Hotel and Restaurant License be approved/denied. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Phil Kleisler, Planner II Date: March 24, 2015 RE: Riverview Pines Townhomes Development Plan & Amended Plat Objective: The consideration of a recommendation by the Estes Valley Planning Commission to conditionally approve the Riverview Pines Preliminary Townhome Plat application. Present Situation: The project site is accessed directly from West Elkhorn Avenue, approximately 300 feet east of the Fall River Road intersection. The applicant also owns the accommodations property along the northern boundary (“Riverview Pines Condos”). The site borders similar accommodation uses along the west, south and a portion to the east. Roughly 120 feet of the site borders multi-family housing. The applicant applied for development approval for 23 accommodations and multi- family units in 2007. At that time the Planning Commission denied that application due in part to excessive site disturbance. The proposed application decreases the number of units, attempts to avoid existing significant trees and minimize grading. Proposal: This is a request to redevelop an accommodations property roughly one (1) mile west of downtown. The property is currently developed with four detached structures: an office with an attached dwelling unit, a garage/shop, a 6-plex motel and a 12-plex motel. With the exception of the garage/shop, all existing structures are proposed to be demolished. The applicant proposes to reduce the overall density on the lot by replacing the aforementioned buildings with eight (8) townhome units intended for long-term residential or short-term accommodation use (depending on market demand). The site is accessed via an internal, private driveway from West Elkhorn Avenue, and general vehicle circulation will remain largely unchanged. Enhancements to the site include the widening of the bridge to accommodate pedestrian traffic, a sidewalk connecting individual units to West Elkhorn Avenue, widening of the drive aisle to meet public street standards and a secondary emergency access point to the west to ensure adequate fire protection. The application package includes two components: a Preliminary Townhome Plat and Development Plan. This application is unusual in that while the Preliminary Plat application is ultimately approved by the Town Board, the Development Plan is reviewed and approved by staff. Advantages:  Redevelopment of an accommodations property.  Compliance with the Estes Valley Development Code and Comprehensive Plan. Disadvantages:  Decrease of accommodation units. Action Recommended: The Estes Valley Planning Commission held a public hearing for this application on December 15, 2015. During that hearing the Commission made the following findings: 1. The application is consistent with the policies, goals and objectives of the Comprehensive Plan. The application advances several Community-Wide policies, as delineated in the Staff report. 2. Adequate services and facilities are available to serve the development. 3. If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code, as described in the Review Discussion in the staff report. 4. The Planning Commission is the Recommending Body for the Preliminary Plat application. The Town Board of Trustees is the Decision-making Body for the Preliminary Plat. 5. In accordance with Section 3.2.D, a revised application shall be a condition precedent to placing the application on the Board agenda. Placement on the January 26th Town Board agenda requires a January 15th submittal of a revised Preliminary Plat application that fully satisfies all conditions of approval. The Planning Commissions voted unanimously 5-0 (two commissioners absent) to recommend CONDITIONAL APPROVAL of the Riverview Pines Preliminary Plat application. The recommended conditions of approval are: 1. Compliance with the following affected agency comments: a. Estes Park Sanitation District memo dated June 9, 2015; b. Estes Valley Fire Protection District memo dated October 13, 2015; c. Town of Estes Park Utilities Department memo dated October 21, 2015; d. Town of Estes Park Community Development memo dated October 23, 2015; e. Town of Estes Park Public Works Department memo dated October 22, 2015; and f. CDOT email dated September 30, 2015. 2. Emergency access easement shall be submitted prior to or with the Final Plat application. 3. Resolution of Code Compliance Case Number 2015-0055. 4. Compliance with the submitted wildlife report. Budget: N/A Level of Public Interest: The level of public interest is low. An adjacent property owner expressed concerns during the Planning Commission hearing relating to post-flood runoff and impacts to neighboring views. The Planning Commission recommended that the applicant and neighbor meet in an effort to resolve these and other issues. Planning Division staff has hosted two meetings with the property owners. The concerned neighbor did not attend the first meeting on the advice of legal counsel. The second meeting was coordinated by Restorative Community Mediation. On the advice of legal counsel, the concerned neighbor terminated the second meeting prior to any discussion. Numerous staff from Community Development and Public Works has visited the site and has determined that the proposed development complies with the Estes Valley Development Code. Any Party-In-Interest may appeal a staff or Board decision within 30 days of the final action. Sample Motion: I move to Approve (of deny) the River Pines Preliminary Townhome Plat application, with the findings and conditions recommended by the Planning Commission. Attachments: 1. Statement of Intent 2. Site Plan 3. Agency Comments 4. Planning Commission Minutes (unapproved due to January meeting cancelation) 5. Public Comment Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 1: Statement of Intent Riverview Pines Attachment 2: Site Plan Riverview Pines Attachment 2: Site Plan Riverview Pines Attachment 2: Site Plan Riverview Pines Attachment 2: Site Plan Riverview Pines Attachment 2: Site Plan From:Karen Thompson To:Phil Kleisler Subject:Fwd: Replat of T56, Amd Plat of Lot 2, Deer Crest Sub & T 56 & 57, Fall River Add - 1150 W Elkhorn Ave - Riverview Pines DP 2015-07 & Townhome Sub Date:Wednesday, September 30, 2015 9:27:26 AM Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org ---------- Forwarded message ---------- From: Hice-Idler, Gloria <gloria.hice-idler@state.co.us> Date: Wed, Sep 30, 2015 at 9:07 AM Subject: Replat of T56, Amd Plat of Lot 2, Deer Crest Sub & T 56 & 57, Fall River Add - 1150 W Elkhorn Ave - Riverview Pines DP 2015-07 & Townhome Sub To: Karen Thompson <kthompson@estes.org> Cc: fnpkropp@hotmail.com, jreetz@ces0ccc.com Since it appears that the traffic volume proposed for this redevelopment will decrease the historical volumes, CDOT has no comment. Gloria Hice-Idler Region 4 Permits Manager Region 4 Permits Unit - Traffic P 970.350.2148 | C 970.381.2475 | F 970.350.2198 1420 2nd Street, Greeley, CO 80631 gloria.hice-idler@state.co.us | www.coloradodot.info | www.cotrip.org On Mon, Sep 28, 2015 at 8:55 PM, Karen Thompson <kthompson@estes.org> wrote: Attached please find the guidelines for commenting on the COMPLETENESS of the projects listed above - the Development Plan and the Preliminary Townhome Subdivision Plat. All necessary review documents are also attached for your convenience. Please note this is a resubmittal from earlier this summer. In addition to the site plan and statement of intent, we also have a Wildlife Impact Assessment and Wetland Study. Please let me know if you need copies of those. Riverview Pines Attachment 3: Agency Comments Comments concerning completeness of both the Development Plan and the Preliminary Subdivision Plat are due on or before Friday, October 2, 2015. Many of you received hard copies of this project at the team meeting on September 26th. Please be sure to include the owner, Fred Kropp (fnpkropp@hotmail.com) and the applicant, Jes Reetz (jreetz@ces- ccc.com) on your comments. Please let me know if you have any questions. Thank you. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org Riverview Pines Attachment 3: Agency Comments To: Phil Kleisler From: Kevin Ash, PE, Public Works Engineering Manager Date: October 22, 2015 RE: 1150 West Elkhorn Avenue – Riverview Pines Townhome Subdivision & Development Plan Phil – Public Works offers the following conditions on the Riverview Pines Development Plan application as submitted. Transportation: 1. TIA (Cornerstone 1/21/15) demonstrates that the proposed improvements decrease the traffic impacts that currently exist. No Conditions. 2. Pedestrian access sidewalk and path should be provided from Units 5, 6, and 7 to the parking area and sidewalk on the West side of Kropp Court. 3. Applicant is required to submit and get approval of Final Construction Plans before construction of any transportation related infrastructure. Drainage: 1. Preliminary Drainage Report (Cornerstone 1/21/15). 2. The developed drainage flow should be routed through the proposed stormwater filtration pond prior to release from the site. The current site plan needs to demonstrate how developed runoff will be conveyed to this pond (swale/pipe/etc). 3. Proposed flow arrows, slopes and spot elevations should be provided for parking areas, driveways and curb. 4. Off-Site flows from the south Basin A are indicated in the drainage report to route through a swale along the south side of the property and then through a 15” culvert to the river. The submitted site plan contours should define this swale and stormwater routing. Grading should reflect a swale that provides adequate capacity as determined in the drainage report. The 15” pipe should have elevations at the beginning and end. Pipe material should be identified. A manhole should be installed at the bend of the pipe. Riverview Pines Attachment 3: Agency Comments 5. Water Quality detail needs to be provided. The report indicates filtration and wetlands will provide this water quality. The site plan should indicate where this is located. 6. Applicant is required to submit and get approval of Final Construction Plans before construction of any storm drainage related infrastructure. Riverview Pines Attachment 3: Agency Comments Estes Park Sanitation District PO Box 722, Estes Park, CO 80517 Phil Kleisler, Planner II, Town of Estes Park RE: Riverview Pines Townhomes, Minor Modification and Development Plan 6/9/15 Follow up comments: • The proposed minor modification has no impact on the District. • The District has replaced the main line on the north side of Fall River as de- scribed below. A new sewer line river crossing will be required for the proposed development. The crossing is also part of the Streamside Resort development requirements. Both parties will need to work together to accomplish the crossing and the extension of the main line on the south side of Fall River to the Streamside development. As per previous meetings with the Streamside owners the main extension was delayed until this fall of 2015. The District encourages Fred Kropp and Jess Reetz to discuss the main extension with Streamside Re- sorts to better facilitate the project for both parties. • The construction drawings that show the proposed sewer line has not been up- dated to reflect our comments that were provided on 1/19/15. 2/20/15 Follow up comments: • As mentioned previous, Riverview Pines infrastructure improvements were to be included in the improvements that were part of the Sanctuary Development. Since the Sanctuary has withdrawn their development application there is uncer- tainty in the process that will go forward. Main improvements were part of our comments for future development. • The office/ residential unit currently under construction can make grade to their existing service line. • The District has started the replacement of the sewer main on the north side of the river at Riverview Pines. The completion of our work will enable the im- provements to happen that were included in the Sanctuary project. The District encourages the two remaining developments (Riverview Pines and Streamside) to continue their portion of the improvements. 1/29/15 Comments: As per review of the Riverview Pines Townhomes site plan we have the following comments: • The project will participate in the improvements associated with the Sanctuary Development to the west. The District will replace a section of main sewer line that will allow the extension of a new sewer main that this property will access. Not shown on the drawings are manholes that will be installed at all points of Riverview Pines Attachment 3: Agency Comments bend in the extension. We would recommend connecting service lines to the new manholes if feasible. • Separate service line connections for the townhomes are shown with six inch PVC. This is not necessary as four inch PVC for separate service lines on resi- dential units are adequate. • Service lines from two residential properties south of this property extend through this lot. Service lines for 1152/ 1154 W. Elkhorn and 1250 Fall River Rd must be located and extended down the new driveway and reconnected to the main line. The path of the existing lines is not acceptable as shown. A fixture count has been taken of all buildings. As units are demolished the credits can be applied to the new construction. If you have questions, please call me at (970) 586-2866. Thank you - James Duell Riverview Pines Attachment 3: Agency Comments PLAN REVIEW COMMENTS Date: October 13, 2015 Project Identification: Riverview Pines Townhomes Development Location: 1150 W Elkhorn Ave. Referral: Riverview Pines Development Plan The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and approves those plans contingent on compliance with the following requirements: Prior to the issuance of a building permit the following requirements shall be met: 1. Construction plans (access / roads, water line system design) shall be reviewed and must meet approval of the Fire District. 2. The new required fire hydrant shall be installed. The hydrant shall be maintained operational at all times thereafter, unless alternate previsions for water supply are approved by the fire District. The Town of Estes Park must approve the installation and oversee the testing of water mains and hydrants. 3. In accordance with IFC Chapters 5 and 14, approved fire department access shall be provided during all phases of construction, as well as to completed buildings. The criteria for fire department access roads shall be as follows: A. Permanent asphalt or concrete roads shall be installed unless a temporary road surface, such as recycled asphalt or concrete, is approved. B. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. C. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. D. Turning radii of a fire department access road shall be a minimum of 25 feet inside and 50 feet outside. E. All dead-end roads in excess of 150 feet in length shall be provided with provisions for the turning around of fire apparatus. Fire Marshal will conduct an inspection of the on-site fire apparatus access roads and fire hydrant(s) prior to the issuance of the building permit. Please schedule this inspection at least two (2) business days in advance. All construction and processes shall be in accordance with the provisions of the International Fire Code (2009 Edition), the International Building Code (2009 Edition) and Town of Estes Park Code and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. Riverview Pines Attachment 3: Agency Comments If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 mrobinson@estesvalleyfire.org Riverview Pines Attachment 3: Agency Comments To: Jes Reetz, Cornerstone Engineering From: Philip Kleisler, Planner II Date: October 23, 2015 RE: Riverview Pines – Findings of Compliance with Estes Valley Development Code (EVDC) This written analysis includes only those EVDC provisions that apply to this development proposal. The following are a list of comments which must be addressed in order for staff to determine that the application complies with the EVDC. Please make the necessary corrections by November 11, 2015. Fifteen copies, along with a written summary of plan changes, must be submitted by November 11, 2015 for the Planning Commission hearing (full size plans). 1. Code Enforcement a. A Notice and Order was issued for this property (case number 2015-0055). A Floodplain Permit must be submitted by November 1, 2015. To date no permit application has been received. Please contact Code Compliance Officer Linda Hardin at 970.577.3723 to discuss this further. Failure to submit this permit may result in a continuance of your development application. 2. Zoning Use a. The application proposed residential uses (single family, duplex). Therefore, short-term accommodation use, such as a Resort Lodge/Cabin, will not be allowed in on the site. Confirm that long-term residential use is proposed. Staff will need to perform an additional review is short-term use is anticipated. As an example, Resort Lodge/Cabins may require some additional employee parking. 3. Pedestrian Connections a. Per our recent conversation, include pedestrian connection to Units 4-6 (EVDC Table 4-8) b. Describe how the proposed sidewalk will connect to the existing sidewalk along Fall River Road. 4. Landscaping a. 75 shrubs are required for the impervious coverage calculation (§7.5.E.1) 5. Wildlife Considerations a. Should development occur between April 1st and August 1st, a detailed wildlife assessment of bird nesting and elk and deer calving/fawning activities within and immediately around (within 100 meters) the proposed construction site shall be Community Development Memo Riverview Pines Attachment 3: Agency Comments carried out by a qualified biologist prior to any construction-related activities (Section 4.1 of submitted wildlife report dated November 10, 2014). b. All future fencing shall be reviewed and approved by Community Development staff to be reviewed in accordance with section 4.2 of the submitted wildlife report. c. Reference Ordinance 12-15 (“Wildlife Ordinance”) for new information concerning trash enclosure design. 6. Operational Performance Standards (§7.10) a. While staff appreciates the location of the proposed trash enclosure (rear of lot), we have concerns about the capacity of a single dumpster servicing this number of units and the location (e.g. roughly 300 feet from Unit 1). Provide additional information about how you came to the decision for the current design and confirmation that this with function adequately (e.g. is does one dumpster serve the current units?). 7. Parking and Circulation (§7.11) a. Confirm that each unit will have one parking space inside the garage and one in the driveway (or if double car garages and driveways are proposed). b. The parking space numbering appears to be incorrect for units 5-7 (labeled as eight spaces). c. The proposed lot north of the office building requires one additional space. Four spaces are required for units three and four, with an additional three required for the office building. Please either amend the parking lot or request a Minor Modification for the Planning Commission to consider. If a Minor Modification is requested also include a summary of the building’s use and the anticipated number of employees. d. Confirm where employees will park on the site and how many employees will be on site during a typical business day. e. Per our discussion, include a turnaround for backing cars in the lot servicing units one and two. 8. Preliminary Subdivision Plat a. Include draft HOA declarations with the final plat application. b. Per our conversation, include a Limits of Disturbance that will include riparian habitat and wetlands to the west. Construction Plans Must Address: 1. Table 4-8 regarding internal pedestrian walkways being designed to be visually attractive and distinguishable from driving surfaces through use of durable, low-maintenance surface materials such as pavers, brick or scored concrete to enhance pedestrian safety and comfort. Indicate sidewalk materials. 2. §7.2.B Grading Standards. 3. 7.2.C Restoration of Disturbed Areas 4. Following natural contours Riverview Pines Attachment 3: Agency Comments 5. Revegetation methods 6. Topsoil stockpiling 7. 7.2.D.3 Limits of Disturbance – Development Standards and Guidelines. 8. 7.2.D.5 Standards for Protection During Construction. 9. §7.3 Tree and Vegetation Protection. 10. §7.5 Irrigation. Automatic drip irrigation. 11. §7.9 Exterior Lighting. Provide cut sheet, address hours of operation 12. §7.11.O.2 Surfacing and Maintenance 13. 7.11 – parking lot striping and markings 14. 7.11 ADA signs and markings (and slope of parking space and access aisle) 15. §7.13 Outdoor Storage Areas, Activities and Mechanical Equipment. 16. Trash enclosure materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors of the buildings. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building. 17. §10.5.G.2 Restoration of Disturbed Roadside Areas. 18. §10.I. Restoration of monuments. 19. Appendix D.III.B.10 Driveway Construction Standards. 20. Appendix D.V Sidewalks, Pedestrian Connections and Trails 21. Appendix D.VI Erosion Control 22. Appendix D.VII Tree and Vegetation Protection During Construction and Grading Activities 23. Appendix D.VIII Other Requirements, regarding construction plan approval, quality control, etc. 24. Address signs. 25. Minimization of construction impacts as outlined in the wildlife report. Riverview Pines Attachment 3: Agency Comments To: Community Development From: Steve Rusch Date: 10/21/2015 Re: REFERRAL FOR COMMENT: FINAL REVIEW - Replat of T56, Amd Plat of Lot 2, Deer Crest Sub & T 56 & 57, Fall River Add - 1150 W Elkhorn Ave - Riverview Pines DP 2015-07 & Townhome Sub The Utilities Department has the following Review comments for the above application: The above application is accepted but not approved as construction drawings for the line installation or issuance of any building permits. Water: Should project design or scope change during the review process the Water Division reserves the right to request additional information as needed. Water Division fees will be calculated based on the number of water fixtures to be installed. These fees will be calculated at the time of the permit application process. A Water Main Extension will be required for service, including Fire Protection. This infrastructure must be installed; testing performed/passed and accepted by the Division prior to issuance of any building permits. Any project phasing of the infrastructure must be submitted with the construction drawings for approval prior to construction. Phased infrastructure must be completed and accepted prior to issuance of any building permits within the phase. Construction Drawings are required and must be submitted for review, approval and signatures by the Utilities Director or his designated representative. No installation of any project infrastructure is allowed until the Construction Drawings have been signed. All water main lines and easements must be deeded to the Town of Estes Park. Along with the submission of the construction drawings provide the contact information of the firm or person acting as Utility Construction Manager for the project. Riverview Pines Attachment 3: Agency Comments Construction drawings must include: • Plan and profile to show potential conflicts between water and other utilities including culverts, show Utility Easement locations when utility is not in Road Right of Way. • Metering/Tap location plan (drawing) indicating tap locations and sizes, water meter locations and sizes, and buildings served by each. • Show waterline protection at all sanitary and storm sewer conflicts All water line design and construction shall be done according to the Water Utility Policies and Standards. All water main lines and easements must be deeded to the Town of Estes Park. All domestic water service lines are required to have a pressure reducing valve installed at the point of entry to the building. Applicant must contact the Water Division (970)577-3625 to discuss additional plumbing requirements. All water mainlines are required to have a minimum of 10 ft. horizontal separation from both sanitary sewer and storm sewer. Additionally, water mainlines are required to have a minimum 4 ft. horizontal separation from all other utilities. Applicant must schedule a Water Fixture/Dwelling Unit Count with a representative of the Water Division prior to demolition and/or construction to ensure any applicable credit toward additional water fees. Contact the division at 970-577-3625 for scheduling. Any demolition done prior to the fixture count will result in forfeiture of any applicable water tap credits. Each building on this property, new and existing, including commercial properties, fire suppression lines, multi-family dwellings and irrigation are required to have backflow prevention devices installed on the water service lines, contact Steve Rusch at 577-3625 or srusch@estes.org with any questions regarding the backflow devices or requirements. A Metering/Tap location plan (drawing) including meter sizing, meter locations, tap locations and addresses served by each must be submitted to the Water Division prior to issuance of any building permits. Engineering must contact the Water Division at 577-3625 for details regarding final tap and service line sizing prior to any construction. All existing water service lines must be abandoned at their taps when new proposed fire sprinkler and/or domestic water lines are placed in service. This Riverview Pines Attachment 3: Agency Comments includes the service to the building to be demoed that has a service crossing the river to the north. For all structures required to have a Fire Suppression System, a detailed drawing must be turned in to the Water Division noting: • Location, sizing and type of backflow prevention device(s) • Engineered flow requirements for the fire sprinkler system, pipe size based on NFPA Table 10.10.2.1.3, Fire flow produced at a maximum velocity of 10ft/sec. Pipe Size Flow Rate 2" 100 gpm 4" 390 gpm 6" 880 gpm 8" 1560 gpm 10" 2440 gpm 12" 3520 gpm Spill control method must be shown for proper disposal of discharge from the relief valve, indicating location and sizing of drainage capable of accommodating the discharge that could occur. Fire suppression lines require both a chlorination and pressure test, conducted by a representative of the Water Division prior to acceptance. Any Fire suppression line servicing a building from the water main is a private service line and must be noted as such on the Development Plan and the Subdivision Plat. Future repair or maintenance required on this service is the sole responsibility of the property owner. Fire suppression lines require a state certified fire line installer and must have the appropriate forms completed and submitted to the Estes Valley Fire Marshall. All construction and processes shall be in accordance with the provisions of the International Fire Code (2009 Edition), the International Building Code (2009 Edition) and Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Town of Estes Park Water Division. Riverview Pines Attachment 3: Agency Comments Light & Power: It is assumed that the electric line heading east (outside of the proposed easement) is indeed a service line to be owned by the property owner. If that is not the case, additional easement will be needed. Utilities Department is to meet with the Engineer this week to discuss. • Please schedule a required meet at site with Joe Lockhart, Line Superintendent at (970)577-3613. • All infrastructure must be paid in advance to the Town of Estes Park. No Building permits will be approved by Light & Power until such time. • All new construction must be underground. Trenching & conduit to be provided and installed by developer to Town specifications. • All other material will be purchased from & installed by the Town of Estes Park. • All Town of Estes Park Light and Power lines, (Primary/Secondary) must have a 20 ft. utility easement. This easement can be shared by water, phone and cable. • Water must be at least 4ft from electric. • All services must be on the owner’s property. • The size of the service must be shown on the electrical drawings. • All existing lines must be shown on the electrical drawings. • Transformers/pen cells must be in an easement, or if possible on the property line. • All primary lines must be 4ft deep with red warning tape at 2ft. • All subdivision must be designed by an electrical engineer. • All pipes must be schedule 40 gray PVC pipe, if there are more than 4 pipes in a trench then all conduit must be put into a pipe rack. • Town must have ownership of all road crossings. • On underground electric services, it will be the electrician’s responsibility to dig them into the transformers or pedestals. • The electrician will need to schedule with L&P to unlock and open transformers or pedestals. • All temporary and permanent electric services will be connected by Light & Power within 5 business days after the state electrical inspection & fees are paid. Riverview Pines Attachment 3: Agency Comments • Permanent meter sockets must be permanently marked with address or unit number. • All spare conduits will be provided by Light and Power and to be installed by the developer at their cost. Light and Power will not reimburse contractor or developer for conduit obtained elsewhere. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Town of Estes Park Light and Power Division. Riverview Pines Attachment 3: Agency Comments Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree, Russ Schneider, and Sharry White Attending: Chair Hull, Commissioners Murphree, Moon, Schneider, and White Also Attending: Community Development Director Alison Chilcott, Planner Audem Gonzales, Planner Phil Kleisler, Planner Mallory Baker, Planner Carrie McCool, Town Board Liaison John Phipps, Town Attorney Greg White, and Recording Secretary Karen Thompson Absent Commissioners Hills and Klink Chair Hull called the meeting to order at 1:30 p.m. There were approximately 30 people in attendance. Chair Hull explained the process for accepting public comment at today’s meeting. Each Commissioner was introduced. A quorum was in attendance. 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. 2. RIVERVIEW PINES PRELIMINARY TOWNHOME SUBDIVISION PLAT; 1150 W. Elkhorn Avenue, Frederick Kropp/Applicant Planner Kleisler reviewed the staff report. The subject property is located approximately one mile west of downtown area, and currently contains an office with an attached dwelling unit, a garage/shop, a six-plex and a 12-plex motel.. The property is surrounded on all sides except for a section of the east property line, which is zoned RM–Multi-Family Residential. Planner Kleisler stated the proposal is to demolish the existing structures except for the garage/shop, and build three single-family dwellings and two duplexes, for a total of seven units. The site would be accessed from an internal private driveway. The duplexes will connect to the main office via sidewalks, and there are currenlty no planned sidewalks from the single-family dwellings. Planner Kleisler stated staff would recommend a condition of approval to include a sidewalk connection for the single-family dwellings. He stated the existing bridge would be widened to contain a pedestrian trail, and an emergency access road connecting Streamside Condominiums through this property would be created. The site design include the rotation of some of the buildings in order to minimize the limits of disturbance. Planner Kleisler stated townhome subdivisions are unique as they relate to tradditional subdivisions. There is one parent parcel mainainted by the homeowner’s association, which includes commonly used items such as parking lots, utilities, etc. Individual lots within the parent lot are individually owned. Planner Kleisler stated the Preliminary Townhome Subdivision Plat submitted complies with the Estes Valley Develoment Code. A legal notice was published, and notices were mailed to adjacent property owners. The application was routed to affected Riverview Pines Attachment 4: Planning Commission Minutes agencies, and many have provided comments listed in the staff report. The Planning Commission is the recommending body to the Estes Park Town Board, who will hear this item in January, 2016. Planner Kleisler stated the adverse impacts to wildfife would be minimal. However, there were some items to consider: construction timing, limiting fencing on site, limiting landscaping, and installing bear-proof containers. Staff recommends limiting additional landscaping, as the existing trees and shrubs provide adequate screening from adjacent properties and the public right-of- way. Planner Kleisler stated today’s review is only for the preliminary townhome subdivision plat. There is also a development plan being reviewed at staff level, and an active code compliance case. One of the conditions of approval is to resolve the code compliance issue (unpermitted work in the floodplain and river setback) prior to final approval. The applicant is aware of these issues and is working with an engineer to resolve them. Staff Findings 1. The application is consistent with the policities, goals and objectives of the Comprehensive Plan. The applicatin advances several Community-Wide policies, as delineated in the staff report. 2. Adequate services and facilities are available to serve the development. 3. If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code, as described in the Review Discussion in the staff report. 4. The Planning Commission is the Recommending Body for the Preliminary Plat application. The Town Board of Trustees is the Decision-Making Body for the Preliminary Plat. 5. In accordance with Section 3.2.D, a revised application shall be a condition precedent to placing the application on the Board agenda. Placement on the January 26, 2016 Town Board agenda requires a January 15, 2016 submittal of a revised Preliminary Plat application that fully satisfies all conditions of approval. Planner Kleisler stated staff recommended approval, with conditions listed below. Public Comment Fred Kropp, applicant, was available to answer questions. Chris Levering/Town resident and owner of adjacent property (4 Seasons Inn), stated he was not against the development but had concerns with other issues on the property. He stated he has had ongoing post-flood runoff onto his property from the applicant’s property, and thinks this is related to the post-flood work that was done without proper floodplain permits. He has also had issues with floodplain permits on his own property, and is working to get them resolved. Mr. Levering stated the proposed development will block the river view of five of his accommodations units, which is of significant financial impact. He showed photos of his and the neighbor’s property during the height of the flood. He believes spring runoff has the potential to create a Riverview Pines Attachment 4: Planning Commission Minutes substantial problem for him, as well as during future flood events. He would recommend requesting the applicant move the riverfront buildings back from the river so he can maintain the views on his property and the buildings will be further out of the floodplain. Planner Kleisler stated the applicant has received two notices of violation on the property. One was for construction of a fence in the river setback, and the other was for work done in the river without a floodplain permit. The applicant has been working with an engineer to resolve the issue. Floodplain permits must show no impact to neighboring properties, both upstream and downstream. The Community Development Director has the authority to deny issuance of any permit if there is a violation on a property. One of the conditions of approval is to have the matter fully resolved prior to staff signing off on the development plan. Chair Hull recommended both parties meet together with staff to help resolve the issues. Public comment closed. Staff and Commission Discussion Commissioner Schneider had concerns about the drainage. Planner Kleisler stated the development meets the drainage requirements, and any floodplain issues pertaining to drainage will be addressed at the floodplain permit level. Conditions of Approval 1. Compliance with the following affected agency comments: a. Estes Park Sanitation District memo dated June 9, 2015; b. Estes Valley Fire Protection District memo dated October 13, 2015; c. Town of Estes Park Utilities Department memo dated October 21, 2015; d. Town of Estes Park Community Development memo dated October 23, 2015; e. Town of Estes Park Public Works Department memo dated October 22, 2015; f. CDOT email dated September 30, 2015 2. Additional Conditions requested by Commissioner White, regarding Wildlife Habitat: a. Timing restrictions on certain development activities to further reduce potential impacts on elk and/or deer calving/fawning; b. Removing or modifying the design of existing or future fencing to facilitate wildlife movement; c. Avoid planting any new trees; and d. Installing bear-proof enclosures and/or dumpsters. Planner Kleisler stated his notes reflect a recommendation of approval conditional to the resolution of the code compliance cases as referenced in the presentation, as well as compliance with the submitted wildlife report. It was moved and seconded (Schneider/Murphree) to recommend approval of the preliminary townhome subdivision plat to the Town Board with the findings and conditions recommended Riverview Pines Attachment 4: Planning Commission Minutes by staff, with the additional condition regarding wildlife habitat, and the motion passed unanimously with two absent. Riverview Pines Attachment 4: Planning Commission Minutes Riverview Pines Attachment 5: Public Comment Riverview Pines Attachment 5: Public Comment Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Riverview Pines Preliminary Townhome Plat ApplicationI. Summary of ProjectII. Process and Review CriteriaIII. Key IssuesIV. Planning Commission FindingsV. Planning Commission Recommendation Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Summary of Project Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Summary of Project Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Process and Review CriteriaI. Estes Valley Comprehensive PlanII. Estes Valley Development CodeIII. Planning Commission RecommendationIV. Motion by Town Board Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Key Issues – Site Improvements Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Key Issues – Site Improvements Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Key Issues – Floodplain Permit and Stormwater Management Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Staff Findings1. The application is consistent with the policies, goals and objectives of the Comprehensive Plan. The application advances several Community-Wide policies, as delineated in the Staff report.2. Adequate services and facilities are available to serve the development.3. If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code, as described in the Review Discussion in the staff report.4. The Planning Commission is the Recommending Body for the Preliminary Plat application. The Town Board of Trustees is the Decision-making Body for the Preliminary Plat. 5. In accordance with Section 3.2.D, a revised application shall be a condition precedent to placing the application on the Board agenda. Placement on the January 26thTown Board agenda requires a January 15thsubmittal of a revised Preliminary Plat application that fully satisfies all conditions of approval. Riverview Pines Preliminary Townhome Plat; Estes Park Town Board, February 9, 2016Planning Commission RecommendationUnanimous APPROVALof Riverview Pines Preliminary Homehome Plat Application, subject to the following conditions; 1. Compliance with the following affected agency comments:a. Estes Park Sanitation District memo dated June 9, 2015;b. Estes Valley Fire Protection District memo dated October 13, 2015;c. Town of Estes Park Utilities Department memo dated October 21, 2015;d. Town of Estes Park Community Development memo dated October 23, 2015;e. Town of Estes Park Public Works Department memo dated October 22, 2015; andf. CDOT email dated September 30, 2015.2. Emergency access easement shall be submitted prior to or with the Final Plat application.3. Resolution of Code Compliance Case Number 2015-0055.4. Compliance with the submitted wildlife report. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Audem Gonzales, Planner I Date: February 9, 2016 RE: Public Works Department Fee Waiver Request Background: The Town of Estes Park Public Works Department is requesting a waiver of $3,913.55 in development application fees associated with review of a development plan and building permits. The development plan was for a 3,200 sq. ft. steel and fabric aggregate storage building located on the landfill site at 640 Elm Road, property owned by the Town of Estes Park. The proposed building will provide storage area for pothole patching operation aggregate in order for Public Works to operate year-round, weather permitting. The development plan was approved at Staff level on January 22, 2016. Pre-Application Meeting $500.00 Development Plan $2,000.00 Building Permit Fees $1,413.55 Total $3,913.55 The attached letter from Public Works further describes the request. The fee waiver policy adopted by Town Board is also attached. Since the amount is greater than $3,000.00, the Town Board is the decision-making body. Budget: Approval of the request would decrease Community Development Department fee revenue. Overall there will not be an impact to the General Fund. Recommendation On January 28th, the Community Development/Community Services Committee recommended this request be included as an Action Item at the February 9th Town Board meeting. Community Development Memo Page 2 Sample Motion: I move to approve/deny the Town of Estes Park Public Works Department fee waiver request. Attachments: 1. Written request from the applicant. 2. Community Development Fee Waiver Policy. ENGINEERING Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kevin Ash, PE, Public Works Engineering Manager Greg Muhonen, PE, Public Works Director Date: February 9, 2016 RE: Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services Objective: Public Works looks to receive approval of a change order from Cornerstone Engineering and Surveying to update the current Carriage Hills Dam modification submittal to the State Engineer’s Office to reflect current site conditions and future design considerations. Present Situation: In November 2015, Public Works was able to obtain approval from the State Engineer’s Office for a dam modification plan that mitigated flood risk and met current dam requirements. However, during bid negotiations, Public Works was not able to come to an agreement with the contractor to deliver a complete project within a March 2016 schedule and within the approved funding dollars. It was then determined by the Town Board at the November 10, 2015 meeting, that the risk of not completing the project by the March 2016 grant funding date, and potentially losing all the funding dollars, was too great a risk and the project was put on hold. Since that time the funding agency, Department of Homeland Security Emergency Management (DHSEM), has found a program that they are now able to re-allocate the previously approved funding dollars to, that will allow an extended schedule for construction completion. Moving the project forward in this direction allows the current environmental assessment, current design and funding dollar amounts to remain in place. Public Works has asked the design consultant, Cornerstone, to make revisions to the design package submitted to the State Engineer’s Office. The modified package would return the design to the one originally presented to the public. This would include a jurisdictional dam that creates a pond that would sustain fishable habitat and an east dam that would have grading, spillway and outlet works that would impound a lower volume of water. Public Works received a change order from Cornerstone to modify the design of the project and resubmit plans to the State. Proposal: January 5, 2016, Public Works received a Change Order from Cornerstone with the following proposed modifications: 1. Revise the Hazard Classification Study that will determine the design parameters for jurisdictional compliance with the State Engineer’s Office. 2. Re-survey the Carriage Hills Dam area and revise the base mapping to reflect modifications made by Town Staff during the site clean-up. 3. Redesign of the Carriage Hills dam #2 to include a spillway, pipe outlet works and submittal to the State as a non-jurisdictional dam structure. 4. Update to the Carriage Hills Dam Design Report to account for design modifications to the east dam. 5. Revise the bidding documents to reflect a modified construction package and new schedules. Additional time to address bidding questions, meeting attendance and review of proposals. Public Works staff have met with Cornerstone and discussed the items identified on the Change Order request. We feel the scope is accurate and the fee is equitable. A total Change Order cost (including contingency) not to exceed $20,000 has been determined. Advantages:  Change Order approval allows design work to complete and provides a construction ready project that will be in compliance with the mandate of the State Engineer’s Office.  The State Engineer’s Office has previously reviewed the submittal and modifications are minor.  Approval of the Change Order will allow design to be complete by May and allow construction to complete in 2016. Disadvantages:  Construction during the summer/fall months will limit active recreational activities during this time. Action Recommended by Staff: To advance the Scott Ponds Natural Area Dam Modification Project and meet goals of a final project completion date of November 15, 2016, Staff recommends approval of Change Order #2 to Cornerstone Engineering & Surveying. Budget: Design services for this project were previously funded from the Larimer County Open Space Fund. Public Works proposes an additional $20,000 for this Change Order come out of the Capital line item within that fund. Level of Public Interest Public Interest on this project is expected to be moderate. This project directly impacts property owners surrounding the Scott Ponds Natural Area and has impacts to downstream property owners, infrastructure along Fish Creek and the community trail system. Sample Motion: I move for approval/denial of a Change Order Request #2 to the professional services contract for the Scott Ponds Natural Area Dam Modification: Hazard Classification and Consulting Engineering Services for a cost not to exceed $20,000.00. Attachments: Cornerstone Requested Change Order Cornerstone Proposed Schedule Note – Any item requiring a change to the Municipal Code, Development Code or any other action requiring an Ordinance to be passed by the Town Board is required to have a draft Ordinance prepared and included with the Committee packet. FINANCE Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland – Finance Officer Date: February 9, 2016 RE: Resolution #03-16; Re-appropriation of 2015 encumbered funds into 2016 Budget Objective: Staff is seeking approval of rolling over “open” purchase orders from the 2015 Budget, into the 2016 Budget. This is an annual budgetary housekeeping process. Present situation: Certain Town departments have entered into contracts for goods and/or services that were not fulfilled by year-end December 31, 2015. When this occurs, it becomes necessary to “roll over” expenditures from one year to the next, because in governmental accounting, expenditures are not recognized until they are incurred/received. In essence, the budgeted amounts of the rollovers are lifted from the current budget year and placed into the next budget year. Fund balance is not affected – the expenditures are merely moved. It is staff’s intention to keep rollovers to a minimum, but projects are often affected by weather, and by the availability of product/contractor. In recent history, the 2013 Flood has caused a great deal of large projects to remain unfinished, contributed to both the number and volume of rollovers. There are still several large flood-related rollovers, but the volume did decrease from 2014-15 rollovers to 2015-16 rollovers:  2014 rollovers into 2015: 68 rollovers totaling $4,432,023.65.  2015 rollovers into 2016: 48 rollovers totaling $2,663,504.89. Attached is the list of those encumbrances that remain outstanding at the end of 2015. As stated, there are 48 rollovers totaling $2,663,504.89, affecting 9 Funds (General, Community Reinvestment, Open Space, Trails, Streets, Light & Power, Water, IT and Vehicle Replacement. Larger areas of rollovers for 2015-16 include: 1. Community Reinvestment Fund – Rollovers totaling $1,000,865, primarily relating to the Transit Hub (Parking Structure), Elm Road Landfill mitigation, and Visitor Center and Conference Center repairs/remodelings. There remains $22,705 for MPEC closeout. 2. General Fund – Rollovers totaling $170,756 (a decrease from over $1,000,000 last year), including body cameras (Police), Floodplain management, and Fish Creek corridor work. 3. Open Space – $55,984 - Fish Creek corridor. 4. Trails – $208,275 - Fall River Trail work 5. Streets – $71,523 - Aggregate storage building, paving and asphalt. 6. L&P - $650,466 – Flood repair items, L&P shop remodel, smart meter project, GIS equipment. 7. Water - $161,969 – Flood repair items, GIS equipment 8. IT – $7,000 – keypad supplies, broadband survey 9. Vehicle replacement – $336,668, for vehicles ordered, but not yet delivered. Proposal: Staff is seeking approval of rolling over “open” purchase orders from the 2015 Budget to the 2016 Budget. This is accomplished annually through Resolution (attached). Advantages: Approval of Rollover Resolution #03-16 allows seamless transition of in-progress projects from the 2015 to 2016 Budget. Fund balance is not affected. Disadvantages: Non-approval will cause the 2016 Budget to need widespread amendments to the 9 aforementioned funds, and will stop ongoing projects until approval would be attained. Action Recommended: Staff recommends approval of the proposed 2015 rollovers into the 2016 Budget. Budget: There is no long term affect to Town Budgets, but the 2015 Budget will be decreased by $2,663,505, whereas the 2016 Budget will be increased by the same amount. Fund balance over the 2015-16 period will not be affected. Level of Public Interest: As there are 48 rollovers totaling $2,663,504.89, there is a possibility that various members of the public, or specific groups, may be interested in any number of purchase orders being rolled over. Sample Motion: I move to approve/deny Resolution #03-16, which re-appropriates the 2015 encumbered funds into the 2016 Budget. RESOLUTION NO. #03-16 A RESOLUTION RE-APPROPRIATING FUNDS ENCUMBERED IN THE TOWN OF ESTES PARK’S 2015 BUDGET TO THE 2016 BUDGET YEAR WHEREAS, the Town of Estes Park’s accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2015, are reserved from the ending fund balances; and WHEREAS, the Town of Estes Park intends to appropriate funds in the budget for the fiscal year ending December 31, 2015, to satisfy the commitments for the outstanding encumbrances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: I. The following 2016 budgets are increased for appropriations for outstanding 2015 budget encumbrances. 2015 2016 2016 2016 ENCUMBRANCE O&M TRANSFERS REVISED FUND (PO Rollovers) EXPENSES OUT BUDGET General $170,756.15 $15,081,065.00 $955,000.00 $16,206,821.15 Community Reinvestment 1,000,864.81 2,803,754.00 325,000.00 4,129,618.81 Open Space 55,983.17 261,440.00 0.00 317,423.17 Trails 208,275.13 500,000.00 0.00 708,275.13 Streets 71,522.96 4,084,381.00 0.00 4,155,903.96 Light & Power 650,466.04 16,383,325.00 1,519,500.00 18,553,291.04 Water 161,968.99 5,247,666.00 56,261.00 5,465,895.99 IT 7,000.00 677,127.00 0.00 684,127.00 Vehicle Replacement 336,667.64 819,839.00 0.00 1,156,506.64 $2,663,504.89 $45,858,597.00 $2,855,761.00 $51,377,862.89 II. The ending fund balance from the fiscal year ended December 31, 2015, will be the source of funds for the budget amendments. ADOPTED this 9th day of February, 2016. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: February 9, 2016 RE: Fund Balance Policy (#660) Objective: To adopt the Fund Balance Policy that was discussed at the January 26, 2016, Study Session. Present Situation: The attached Fund Balance Policy attempts to clarify: 1. Fund balance policies for each Fund type, and 2. Fund Balance classifications (levels of restriction) as prescribed by GAAP/GFOA. Proposal: Following discussion/input at the January 26, 2016, Study Session, Staff is asking that Town Board adopt the attached Fund Balance Policy Advantages: Established fund balance thresholds within Funds will help the Town during creation of Budget documents, and will also provide long-term financial continuity/stability. A Fund Balance Policy would allow fund balance targets to drive the Budget process and other financial decisions, rather than vice versa. Disadvantages: Without set guidelines, trending and prevailing events will continue to affect Fund balances. Lack of set policy will allow for interpretation/opinion as to what level Funds may be spent. Action Recommended: Staff recommends adoption of the Fund Balance Policy (#660). Attachments: Fund Balance Policy #660 Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 1 of 8 Effective Period: Review Schedule: Effective Date: References: FINANCE 660 Fund Balance Policy 1. PURPOSE The purpose of this policy is to establish appropriate levels of reserves (fund balance) for each fund within the Town’s operations, recognizing the unique needs and differing situations for the various funds. 2. POLICY 1. Definitions: a. Fund balance is the net position of a governmental fund (difference between assets, liabilities, deferred outflows of resources, and deferred inflows of resources), 2012 GAAFR, p1066. Fund balance is the cumulative difference over time of all revenues and expenditures. Fund balance is accumulated when revenues exceed expenditures and decreased when revenues are less than expenditures. It serves as a measure of financial resources available for current operations. Available fund balance can be dramatically affected by levels of restriction on a fund (see Supplementary Information section of policy). b. Fund balance percentage is defined as “unassigned fund balance divided by total expenditures”. TABOR reserves may be used as part of the calculation (added to numerator). 2. Specific Fund Balance policies a. Governmental Fund Types i. General Fund – Town Board has established that fund balance percentage should not fall below 20%. This provides a minimum of 3% as the Tabor reserve and 17% for economic downturns and other financial emergencies that may result from unanticipated disasters. General Fund fund balance percentage can be dramatically affected by timing resulting from grant-related incomes and expenditures. Grant income/expenditures may be taken into account when internally calculating fund balance percentage. ii. Capital Fund (Community Reinvestment) – In general, no minimum reserve requirement. Funds can be spent to zero balance annually. Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 2 of 8 Fund balance should never be less than the total of funds collected, but not yet spent, that are restricted for a specific purpose (bond proceeds, grants, donations). iii. Special Revenue Funds (Conservation Trust, Open Space, Emergency Response, Community Center, Trails, Streets) – In general, no minimum reserve requirement. Funds can be spent to a zero balance annually. Fund balance should never be less than the total of funds collected, but not yet spent, that are restricted for a specific purpose. b. Proprietary Fund Types – Enterprise i. Light and Power Fund – 1. The L&P Fund has bond reserve requirements (restricted funds) of 1.25 ((total revenues – total expenditures + capital + future vehicle replacement + capital-related engineering costs)/debt service). The Town also seeks to maintain a self- imposed 90-day operating coverage ratio of > 1.00, as defined by ((fund balance / ((total expenditures – capital – future vehicle replacement – capital-related engineering costs) x .25). 2. The L&P Fund seeks to maintain and replace its infrastructure, through rate studies/implementation, at a pace that at least matches asset depreciation rates. ii. Water Fund – 1. The Water Fund has operations and maintenance (O&M) requirements (restricted funds) as defined by the Water Loan covenants. The Town also seeks to maintain a self-imposed debt coverage ratio of 1.10 (same definition as in L&P Fund). 2. The Water Fund seeks to maintain and replace its infrastructure, through rate studies/implementation, at a pace that at least matches asset depreciation rates. c. Proprietary Fund Types – Internal Service i. Medical Insurance Fund – This fund is designed to cover premiums, claims and other operating expenses related to the Town’s self- funded plan to provide employees medical and dental insurance. Employees and user departments are charged appropriately to cover these costs. Reserves shall be maintained at between 30%-40% of the 3-year rolling average of annual claims. ii. Fleet Fund – This fund is designed to provide for ongoing maintenance and repair of the Town (and other contracted) fleet of vehicles. The fund is designed to cover its operating and capital costs annually through charges for services to the user departments. Due to potential fluctuations in operating costs for fuel and unexpected repairs, etc., the Fleet Fund shall maintain an operating reserve of at least 10%. The Fleet Fund should also maintain a Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 3 of 8 capital replacement program commensurate with the rate of depreciation within the Fund. iii. IT Fund – The IT fund is designed to provide ongoing upgrades and maintenance to the Town’s IT infrastructure and operating systems. The fund is designed to cover its operating and capital costs annually through charges for services to the user departments. Reserves shall be maintained between $100,000-$200,000 to allow for emergencies or unanticipated technology needs. Additional funds may be reserved in recognition of reserved/restricted broadband monies received. The IT Fund should also maintain a capital replacement program commensurate with the estimated replacement costs of existing equipment. iv. Vehicle Replacement Fund – This fund is designed to provide replacement vehicles to appropriate user departments. Funds are accumulated at depreciation rates equal to 3% per yr / 25% maximum for life of vehicle, of purchase price of the vehicle. Reserves will fluctuate based on the replacement schedule, but the unrestricted reserve balance should maintain a balance of at least 15% of the fleet replacement value. d. Fiduciary Fund (Theater Fund) – These funds are held by the Town in a fiduciary capacity and are available for the purpose of the construction of a performing arts facility. Supplementary information: 3. Fund Balance Classifications: The appropriate fund balance classifications shall be included in each governmental fund as necessary or required by GAAP. In the CAFR, all governmental funds report various fund classifications that comprise a hierarchy primarily based on the extent to which the Town is bound to honor constraints on the specific purposes for which amounts in those funds can be spent. The Town may or may not report all fund balance types in any given reporting period, based on actual circumstances and activity. It is not expected or required that all funds report all possible fund balance classifications. Provisions of GASB 54 need not be applied to immaterial items. Policy cannot consider every situation that could occur; therefore, the Finance Director or designee shall have discretion to deviate should circumstances warrant. However, the following descriptions are a guideline of what can be expected to be appropriate in each fund balance classification. The categories within each classification will be reported in alphabetical order and not listed in any other order of significance. a. Non-spendable Fund Balance – The portion of fund balance that cannot be spent because it is either not in a spendable form (not expected to be converted to cash) or is legally or contractually required to be maintained Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 4 of 8 intact (corpus or principal of a permanent fund). Non-spendable amounts should not be reported in a fund if the proceeds from the collection, conversion or sale of the asset are restricted, committed, or assigned. In such a situation, they should be included in the appropriate fund balance classification (restricted, committed or assigned) rather than as non- spendable. i. Advances to Other Town Funds – The amount any Town fund owes the General Fund since the payments back to the General Fund will be available for immediate appropriation by the Board for any purpose. ii. Inventories – The value of inventories that are not expected to be converted into cash. iii. Long-term Receivables – Long-term receivables for loans and notes, if not setup with an offsetting liability. iv. Prepaid Items – The value of prepaid assets. v. Property Acquired for Resale – The value of property acquired for resale. b. Restricted Fund Balance – The portion of fund balance constrained for a specific purpose by external parties (creditors-debt covenants, grantors, contributors, or laws and regulations of other governments), constitutional provisions, or enabling legislation. Effectively, restrictions on fund balance may only be changed or lifted with the consent of the resource providers. i. Capital Projects – Any amounts restricted by federal, state, or local governments or by enabling legislation for capital projects. ii. Citizen Initiatives – Any amounts restricted by citizens through enabling legislation. iii. Debt Service – Any amounts required to be held according to creditor requirements. iv. Intergovernmental Agreements - Unspent intergovernmental grant/allocation/contract funding that must be used for specific programs as stipulated by the agreement. This includes any matching funds needed to spend the funds. If a deferred revenue amount has been recorded for any unearned revenue, this would result in no fund balance to report. v. Legislative Restrictions – Any amounts restricted by federal, state, or local governments or by enabling legislation other than citizen initiatives or restrictions for capital projects. vi. TABOR Reserves – As set forth in the Town’s Budget Preparation and Management Policies 180.1D, Section III (reference B), Amendment One to the state constitution (Article X, Section 20 Taxpayer’s Bill of Rights), passed by voters in 1992, requires that reserves equal to 3% of the fiscal year spending be established for declared emergencies. Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 5 of 8 c. Committed Fund Balance – The portion of fund balance that can only be used for specific purposes according to limitations imposed by the Town Board by majority vote at a public meeting prior to the end of the fiscal year. The Board’s commitment will therefore constitute “committed funds,” a designation which will follow the funds even when transferred to another special revenue fund. If the actual amount of the commitment is not available by the end of the fiscal year, the actual amount should be calculated as soon as information is available but no later than March 1st of the subsequent year. The constraint may be removed or changed only by the same formal action of the Town Board. The restricted or committed proceeds of specific revenue sources should be expected to continue to comprise a substantial portion of the inflows reported in the fund. Other resources (eg. investment earnings, transfers in) also may be reported in the fund if those resources are restricted, committed, or assigned to the specified purpose of the fund. The Town should discontinue reporting a special revenue fund, and instead report the fund’s remaining resources in the General Fund, if the Town no longer expects that a substantial portion of the inflows will derive from restricted or committed revenue sources. i. Capital Projects - Any unspent funds for a Board approved ongoing capital project that remain at fiscal year-end. This does not necessarily mean the assets will be capitalized. ii. Other Commitments – Any other funds approved by the Board using fund balance reserves. These will be reported by functions: general government, health and human services, judicial and public safety, recreation, or streets and highways. d. Assigned Fund Balance – The portion of fund balance set aside for planned or intended actions. The intended use may be expressed by the Board of Town Trustees or other individuals delegated by the Board (Town Manager, Budget Manager, or Financial Services Director) to assign funds to be used for a specific purpose. Fund balance may be assigned after the end of the reporting period any time prior to March 1st of the subsequent year. In governmental funds other than the general fund, assigned fund balance represents the amount that is not non-spendable, restricted, or committed. This indicates that resources in these funds are, at a minimum, intended to be used for the purpose of that fund. Assigned funds cannot cause a deficit in the unassigned fund balance. i. Advances to Other Town Funds – The amount any Town fund owes another Town fund besides the General Fund for an advance. Advances to other Town funds should be reported as Assigned since the payments back to those funds will be used for the purpose of that fund. ii. Capital Projects – The estimated cost of planned or desired, but not approved, specific projects as requested by the Board of Town Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 6 of 8 Trustees or other authorized individuals. This does not necessarily mean the assets will be capitalized iii. Subsequent Year Expenditures – Appropriation of existing fund balance to eliminate a projected budgetary deficit in the subsequent year’s budget. This includes any carry-over funds which are intended to be used for a specific purpose. iv. The adopted budget resolution generally authorizes a government to spend budgeted revenues and other financing sources and, therefore, does not impose constraints on the use of existing resources. However, if a portion of existing fund balance is included as a budgetary resource in the subsequent year’s budget to eliminate a projected excess of expected expenditures over expected revenues, then that portion of fund balance (in an amount no greater than is necessary to eliminate the excess) should be classified as assigned. The amount should not be classified as committed because the Board of Town Trustees does not have to take formal action to remove or modify that specific use – the purpose of the assignment expires with the appropriation. e. Unassigned Fund Balance – This is the residual portion of General Fund balance that does not meet any of the above criteria. It represents resources available for immediate appropriation by the Board for any purpose. The Town will only report a positive unassigned fund balance in the General Fund. Although there is generally no set spending plan for the unassigned portion, there is a need to maintain a certain funding level to cover unexpected expenditures and revenue shortfalls. In other funds, the unassigned classification should be used only to report a deficit balance. 4. Order of Fund Balance Use - When multiple categories of fund balance are available for expenditure, the Town will start with the most restricted category and spend those funds first before moving down to the next category with available funds. Therefore, fund balance is generally depleted in the order of restricted, committed, assigned, and unassigned. For example, if a construction project was being funded by bond proceeds and assigned fund balance, the Town would first use the bond proceeds to pay expenditures since use of bond proceeds is more restrictive than use of assigned fund balance. One exception is if the restricted funds have legal requirements that disallow it being spent first. Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 7 of 8 3. PROCEDURE Funds are reviewed annually for policy compliance following production of the CAFR. Fund balance policy compliance is a required component of the annual Budget process. _____________________________ Bill Pinkham, Mayor _____________ Date Document Title Draft 1 2/4/16 Revisions: 0 Town of Estes Park, Finance Page 8 of 8 APPENDIX 1 - FORMS a. Form 1 FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: February 9, 2016 RE: Purchasing Policy #601 – Purchasing Limits) Objective: Following discussion at the January 26, 2016, Study session, Staff asks that Town Board adopt Purchasing Policy #601 – Purchasing Limits. Present Situation: Staff is making every effort employ Policy Governance concepts to separate Board-level policies from Administrative policies/procedural manuals. The revision of the March 2011 Finance Policies and Procedures Manual is an excellent illustration of this strategy. The 2011 version is 35 pages long. The in-progress draft revisions to just the purchasing- related policies and manuals are themselves over 12,000 words, meaning that the total revisions when complete will far exceed the original 35 pages. It is not practical to have the Board approve every change that may occur in these documents. Therefore, Staff has attempted to separate the high level of directives into Board-approved policies. The Town currently follows the Finance Policies and Procedures Manual, last officially updated on March 22, 2011. Many aspects of the existing policy are unclear, inadequate and/or outdated. Purchasing Policy #601 – Purchasing Limits specifies levels of spending appropriate to staff position. The policy is used in conjunction with the Draft Finance Manual – Purchasing Procedures - Administrative (pp 9-11), and outlines types of, and required documentation for, each level of expenditure. The Board approves Budgets at the Fund Level (total expenditures). The Board currently then again approves many expenditures over $30,000 (vehicles, capital), duplicating effort and taking up Committee and Board time. The new policy does not change the Board’s fund-level expenditure approval, but delegates pre-approved Budgeted expenditures under $100,000 to the Town Administrator, with step down levels of authority as listed. Proposal: Staff asks that Town Board adopt Purchasing Policy #601 – Purchasing Limits. Advantages: Implementation of Purchasing Policy #601 – Purchasing Limits will delegate set levels of spending authority and responsibilities throughout Staff, while allowing Town Board to maintain high levels of authority and review of expenditures. Disadvantages: The disadvantage will be continued use of outdated and unclear (in some areas) policies. Action Recommended: Staff asks that Town Board adopt Purchasing Policy #601 – Purchasing Limits. Budget: There will be no additional expenditures associated with this policy. However, this policy delegates how the Budget will be managed. Level of Public Interest Low. Sample Motion: I move for the approval/denial of adoption of Purchasing Policy #601 – Purchasing Limits. Attachments: Purchasing Policy #601 – Spending Authority & Limits DRAFT Finance Manual – Purchasing Policies & Procedures - Administrative Document Title Draft 1 01/14/2016 Revisions: 0 Town of Estes Park, Finance Page 1 of 3 Effective Period: Until superceded Review Schedule: Annually Effective Date: 02/01/2016 References: Financial Policies Manual 6xx FINANCE 601 Purchasing Policy – Spending Authority & Limits 1. PURPOSE a. To ensure that the best values for goods and services are obtained when using Town Funds. b. To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose “a” can be achieved. 2. POLICY The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility supply payments, and other Board approved expenditures. 3. PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. Document Title Draft 1 01/14/2016 Revisions: 0 Town of Estes Park, Finance Page 2 of 3 Table 1: Purchasing Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit Admin Town Administrator $100,000 Admin Assistant Town Administrator $50,000 Admin Public Information Officer $5,000 Admin Serv Administrative Services Director $50,000 Comm Dev Community Development Director $50,000 Comm Dev Chief Building Official $5,000 Comm Serv Community Services Director $50,000 Comm Serv Visitor Services Manager $5,000 Comm Serv Events Maintenance Supervisor $5,000 Comm Serv Sales & Marketing Manager $5,000 Cultural Serv Museum Director $5,000 Cultural Serv Senior Center Manager $5,000 Finance Finance Officer $50,000 Finance Assistant Finance Officer $5,000 Police Chief of Police $50,000 Police Police Commander $30,000 Police Police Sergeant $5,000 Public Works Public Works Director $50,000 Public Works Facilities Manager $30,000 Public Works Public Work Engineering Manager $30,000 Public Works Public Works Operations Manager $30,000 Public Works Civil Engineer I (EIT) $5,000 Public Works Civil Engineer II (PE) $5,000 Public Works Fleet Supervisor $5,000 Public Works Parks Maintenance Supervisor $5,000 Public Works Streets Supervisor $5,000 Utilities Utilities Director $50,000 Utilities IT Manager $30,000 Utilities Line Superintendent $30,000 Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Utilities Line Crew Chief $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Document Title Draft 1 01/14/2016 Revisions: 0 Town of Estes Park, Finance Page 3 of 3 Approved: Mayor, Town of Estes Park Date DRAFT DRAFT DRAFT 1 FINANCE MANUAL 6XX Purchasing Policies & Procedures – Administrative General Information (Application to all purchases) Table of contents 1. Introduction 2. Purpose 3. Initials, acronyms and definitions 4. Code of ethics 5. Responsibilities by departments 6. Purchasing procedures Table 1 new vendor set up 7. Purchasing limits, procedures and documentation Table 2 purchase type material, supplies, equipment and construction Table 3 purchase type professional services Table 4 exceptions Table Purchasing authority & amounts by position titles (with policy) 8. Purchase orders 9. Processing invoices 10. Noncompetitive purchases 11. Cost and price reasonableness and analysis 12. Insurance and bonding 13. Blanket purchase agreements and prequalifying vendors 14. Year-end purchases 15. PERA 16. Alcoholic beverages 17. Tax exemption 18. Related Town policies and reference documents DRAFT DRAFT DRAFT 2 Effective Period: Review Schedule: Effective Date: References: FINANCE MANUAL 6XX Purchasing Procedures – General Information (Application to all purchases) 1. Introduction It is not the intent of these procedures to cover every possible situation; rather it is to give Town employees enough information so they are in a better position to make reasonable purchasing decisions that best serve the Town and its citizens. Purchases are associated with risks, especially large purchases for construction, professional services, and equipment and materials depending on their use. Town employees with purchasing authority are expected to make decisions in the best interest of the Town and to limit risks. There are many purchases with very low risk (office supplies and materials in small amounts and used routinely and frequently) in which the process is as simple as obtaining an invoices that is approved and processed. Other purchases may require significant processes to ensure full and open competition. Purchases and/or payments may be placed on hold if the purchasing policies are not followed. Town employees that do not follow the Purchasing Policies may be subject to disciplinary action. 2. Purpose The purpose of these procedures is to provide Town employees with instructions and guidelines on how to purchase goods and services in a responsible manner. To ensure that the best values for goods and services are obtained when using Town funds. To achieve this goal, the Town shall employ efficient, effective and consistent purchasing procedures. 3. Initials, acronyms, definitions Capital outlay (also known as Fixed Assets): Includes Personal Property and Real Property that has a useful life greater than one year and costs $5,000.00 or more per item. Contracts are promises enforceable by law. Required if using State funds. Written contracts are always best in any event as it is often difficult to prove the provisions of oral agreements. Contracts include the Town templates, vendor-generated (such as for copier leases, utilities services, vehicle purchases and rentals). Not all purchases require a contract. Construction and professional services require a contract; materials and supplies may not depending on the amount. Purchase Orders (POs) are not considered contracts. DRAFT DRAFT DRAFT 3 Cost analysis – conducted to perform an opinion on the degree to which the proposed cost, including profit, represents what the performance of the contract ‘should cost’, assuming reasonable economy and efficiency. This is conducted when full and open competition is not conducted and the Town must ensure that costs are fair and reasonable; that the Town is getting the best deal possible when there was no competition. To prove costs are fair and reasonable costs are evaluated by comparing price lists, previous invoices, or POs for the same or similar goods or services, or costs other municipalities paid for the same or similar goods and services. A cost analysis is conducted whenever a price analysis cannot be performed. Cost reasonableness – a method of evaluating that costs are fair and not out of line. This is accomplished through a full and open competition. If a full and open competition was not conducted then other assessments include price lists, previous invoices or POs for the same or similar supplies or services or costs other municipalities paid for the same or similar goods and services. Invitation for bids (IFB) – formal solicitation process for fulfilling a need for specific product or service; requires receiving and evaluating contractor responses, often used for construction projects Liquidated damages – a specific sum provided for in contracts which are agreed upon to be a fair and reasonable estimation of actual damages which would be incurred in the event of contractual breach by the Town or the vendor. Liquidated damages replace actual damages when it is too difficult to determine the amount of actual damages. Contracts that include liquidated damage clause must establish the actions or omissions that constitute a breach. Payment bond – bonds which assure payment to all persons supplying labor or material for the completion of a project under a contract. A bond executed in connection with a contract secures the payment requirements of a vendor. It is a written promise to pay if certain circumstances occur or certain time elapses. The bond is given by a Surety to cover any amounts that are not paid to subs or suppliers. Performance bond – are executed subsequent to award by successful bidder to protect the Town from loss due to bidders inability to complete the project as agreed. Secures fulfillment of the contractual obligations and ranges from 2%-5% of the value of the performance secured. Purchase Order – are used to encumber funds. Are not considered contracts. Price analysis – examination of a proposal by comparing with outside criteria such as internal estimates, other proposals prices or established market prices and does not evaluate separate cost elements. Conducted following a competitive. An evaluation of the DRAFT DRAFT DRAFT 4 offeror’s price relative to the prices being offered by other contractors and being paid by the general public for the same or similar goods or services. Request for proposals (RFP) – formal solicitation process for fulfilling a need for specific product or service; requires receiving and evaluating contractor responses Request for qualifications (RFQ) – formal solicitation process for fulfilling a need for specific product or service; requires receiving and evaluating contractor responses; focuses on qualification and price if often negotiated following selection based on qualifications Responsive bidder – bids are determined to be in substantial conformance with the conditions, completion or delivery requirements Responsible bidder – a bidder who has the capability to fully perform all contract requirements, and has the experience, integrity, capacity, facilities, equipment and credit assuring good faith performance. Past performance, financial capabilities and business management are included in the criteria for determining if a bidder is capable of satisfying the contract requirements. Quotes – informal solicitation process for fulfilling a need for a specific product or service; requires receiving and evaluating responses from contractors Vendor, supplier and contractor – may be used interchangeably; the new OMB Federal Grant Guide eliminated the term vendor and only uses contractor. 4. Code of Ethics related to purchasing Employees with purchasing authority are held to a high degree of trust and shall be bound to the Code of Ethics as follows: A. Avoid the intent and appearance of unethical or compromising practice in relationships, actions and communications. B. Demonstrate loyalty to the Town of Estes Park by diligently following policies and procedures while using professional judgment, reasonable care and exercising only the authority granted. C. Conduct all purchase activities in accordance with applicable laws and Town policies and procedures. D. Refrain from any private or professional activity that would create a conflict of interest or the appearance of a conflict between personal interest and the best interest of the Town. E. Gifts, entertainment, or favors from present and potential contractors to Town employees are subject to Colorado State Constitution Amendment 41. F. Promote positive contractor relationships through impartiality. G. Display integrity in all public and professional relationships in order to merit respect and confidence of the Town and the public served. H. Provide an environment where all businesses, including small and minority owned DRAFT DRAFT DRAFT 5 and operated businesses, are afforded an equal opportunity to compete. I. Offer equal assistance to all contractors and suppliers. J. Ensure that the contract follows what was stated in the invitation to bid or request for proposals. K. Do not favor certain contractors and suppliers over others without appropriate justification. 5. Responsibilities A. Finance and Accounting 1) Instruct employees on procurement policies and procedures 2) Instruct employees on purchase order (PO) processing 3) Provide assistance to employees making purchases 4) Maintain files, including but not limited to, POs, contracts, invoices, contractor payment, proof of payment, and grant documentation as required 5) Maintain all grant files 6) Provide guidance on purchasing process during declared emergencies 7) Guide purchasing activities to ensure federal and state compliance 8) Monitor credit card activity as described in credit card policy 9) Template management – suggested edits to the standard clauses shall be submitted to Finance. Finance is responsible for presenting suggested edits to the Town attorney. B. Administrative Services 10) Maintain official documents pertaining to purchases including but not limited to fully executed contracts, change orders and solicitation supporting documents (bid packet, RFP). C. Departments (making purchases) 11) Department directors are required to ensure that employees are properly trained on purchasing processes. 12) Plan for procurement in advance to allow for adequate time properly complete purchasing requirements. 13) Before making purchases of goods and services, check existing inventory, current Town vendor accounts, and existing contractors and consultants to avoid duplication of purchases and unnecessary purchasing efforts. 14) Make every effort to ensure quotes, invitation for bids (IFB), request for qualifications (RFQ) and request for proposals (RFP) meet the legal and ethical standards required to protect the Town, and ensure full and open competition that is free from bias. 15) The Town participates in the Rocky Mountain e-Purchasing online system to advertise and manage solicitations. Using this system is required for bids and DRAFT DRAFT DRAFT 6 proposals ≥ $50,000; and employees are encouraged to use this for quotes (˂ $50,000). 16) Fully participate in the selection of contractors. The Town is responsible for the selection of contractors and reserves the right to engage citizens in an advisory capacity during the review of proposals and bids. 17) Facilitate proposal and bid evaluation processes to ensure compliance with this policy and any required regulations that lead to a justifiable decision. 18) Document procurement selection processes; include reasons for the selection of one vendor over others; reference criteria used to evaluate responders. 19) Notify contractors following evaluation process of the selection decision; issue notice of award as appropriate. 20) Work with the Town attorney to develop, review and implement contracts as indicated. Utilize Town templates. 21) Submit fully executed copies of contracts and change orders to Administrative Services with solicitation support documentation for RFPs and IFBs (≥ $50,000). 22) If contracting with a vendor new to the Town, work with accounting on new vendor set up. 23) Notify Finance in case of substitute signatory authority (i.e., department directors on vacation). 24) Initiate the purchase order process for all purchases in accordance with this policy. Issue appropriate purchase orders before invoices are received 25) Maintain complete and accurate purchasing files. 26) Maintain good contractor relations and address contractor and subcontractor complaints, including protests, in a timely manner. 27) Work with contractors to ensure that invoices are sufficiently detailed and include itemized list of goods or services (description), service or delivery date, invoice date, PO number, location, quantities, contractor identification and contact information. 28) Submit invoices according to the vendor check run dates which are provided to departments from accounting annually. 29) Process and submit invoices to Finance……reference Colorado Revised Statute 6. Purchasing procedures In accordance with the Tables 2 & 3, purchase transactions shall be conducted in a manner providing full and open competition to be good stewards of public funds. A. Purchases shall not be subdivided or split using multiple invoices to avoid purchasing limits set forth in these procedures. This includes dividing orders, splitting requirements for a job or project, and repetitive purchases of the same or similar items. B. Careful consideration must be used before using an existing contractor for work that is outside the contract scope and would generally require a competitive purchasing DRAFT DRAFT DRAFT 7 process (for example, if there is a contract for engineering and design, and construction management is needed, this service should go through a purchase process). C. Exception to purchasing processes may be made during declared emergencies, as outlined under the Emergency Purchasing Procedures, and under appropriate governance policies. D. Three (3) quotes, proposals or bids are standard practice to ensure cost reasonableness. E. Document vendors or contractors interested but decided not the respond. F. Avoid acquisition of unnecessary or duplicative items. G. Participate in intergovernmental agreements when appropriate. H. Those with purchasing authority must be aware of possible conflicts of interest such as contractors who develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals. These contractors might have an unfair advantage over other contractors when it comes to responding to purchasing opportunities. DRAFT DRAFT DRAFT 8 Table 1: New Vendor Set-up Process √ Tasks Responsible File 1 Purchasing documentation Department Department 2 Signed contracts as required Department Department Admin Services-original for formal bids & proposals Finance-copy 3 Vendor number Department obtain from HTE On HTE 4 W-9 & PERA verification Department Accounting 5 Purchase order Department generate prior to 1st invoice Accounting 6 Town business license Department refer vendor to Town Clerk Admin Services 7. Purchasing Limits, Procedures and Documentation The purchasing type tables (2 & 3)included in this policy outlines purchase type, amount limits, procedures and required documentation. Supervisors, managers and their equivalent have purchasing authority as designated by the department director. Employees with purchasing authority are listed by position title (Table). Department Directors are authorized to adjust purchasing limits by position staying within the designated purchasing limits as per Table Purchasing Authority & Limits by Position Titles. Signatory authority mirrors purchasing authority, and follows the purchasing limits. If both purchasing type tables apply (example: design-build project), the most stringent requirements must be followed. DRAFT DRAFT DRAFT 9 Table 2: Purchase type: Materials, Supplies, Equipment, Construction Purchasing authority by position title see table with policy Amount Procedures Procedures Detail Documentation ≤ $5,000 Discretionary Discretionary use of cost conscious practices; distribute equitably among qualified suppliers; with or without soliciting quotes, as long as prices are reasonable Detailed invoices > $5,000 - $30,000 Written quotes required Minimum of 3 quotes from qualified sources Document quotes (email) Document selection process Town contract (exceptions may include supplies, materials & services) PO Detailed invoices e-Purchasing option > $30,000 - $50,000 Written quotes required Minimum of 3 written quotes from qualified sources. Document non- responses. Witten quotes from vendors Document selection process Town Contract PO Detailed invoices e-Purchasing option > $50,000 - $100,000 Formal bid process Minimum of 3 bids from qualified sources. Lowest responsive and responsible bid that meets qualifications and/or criteria. Use this process for construction projects. Document non-responses. Document bid process Advertise, e-Purchasing Document selection process Bid tabulation Town Contract Construction bonds PO Detailed invoices Document no bid responses > $100,000 Formal bid process Minimum of 3 bids from qualified sources. Lowest responsive and responsible bid that meets qualifications and/or criteria. Use this process for construction projects. Document non-responses. Document bid process Advertise, e-Purchasing Document selection process Bid tabulation Town Contract Construction bonds PO Detailed invoices Document no bid responses Note exceptions listed in Table 4. DRAFT DRAFT DRAFT 10 Table 3: Purchase Type: Professional Services (Architecture, Engineering, Other) Purchasing authority by position title see table with policy Amount Procedures Procedures Detail Documentation ≤ $5,000 Discretionary Discretionary use of cost conscious practices Detailed invoices >$5,000 - $30,000 Written quotes required Minimum of 3 quotes from qualified sources Document quotes Itemized scope of work Statement of qualifications Town professional services contract PO Detailed invoices >$30,000 - $50,000 Written quotes required Minimum of 3 written quotes from qualified sources Itemized scope of work Written quotes from vendors Statement of qualifications Document selection process Town professional services contract PO Detailed invoices e-Purchasing option Document non-responses >$50,000 - $100,000 Advertised Request for Proposals (RFP) required Minimum of 3 proposals from qualified sources (qualification based). Price negotiated with best responsive and responsible proposer. Itemized scope of work Statement of qualifications Document solicitation process Advertise, e-Purchasing Document selection process Document responsive & responsible proposal Town professional services contract PO Detailed invoices Document no proposals received >$100,000 Advertised Request for Proposal (RFP) required Minimum of 3 proposals from qualified sources (qualification based). Price negotiated with best responsive and responsible proposer. Itemized scope of work Statement of qualifications Document solicitation process Advertise, e-Purchasing Document selection process Document responsive & responsible proposal Proposal review & tabulation Town professional services contract PO Detailed invoices Document no proposal received Note exceptions listed in Table 4. DRAFT DRAFT DRAFT 11 8. Purchase orders 1) Purchase orders are required for purchases in the amount of $5,000 and greater. 2) No employee shall make purchases without verifying that funding is allocated in the Board adopted budget. 3) Purchase orders shall be issued at the time of purchase or contract execution. 4) Purchase order creation and entry is the responsibility of the department that incurs the expenditure. 5) Purchase orders shall be written in a manner to be clear, concise and contain sufficient detail so as to prevent unnecessary misunderstandings. Consult with the Finance Department for assistance in itemizing purchase orders and understanding appropriate line items to be used. 6) Purchase orders involving multiple departments may be issued by the Finance Department. 7) PO numbers should be shared with the vendor so this number is included on invoices. 8) Departments issuing purchase orders are responsible for communicating purchase orders (numbers) to vendors, so that the vendor may include the purchase order number on their invoices. 9) Purchase orders must be signed and returned to the Finance Department prior to receipt of the first invoice. Table 4: Purchase Order Exception and Alternative Purchasing Process Purchase Orders not required Alternative Purchasing Process Allowed (see Finance Dept. for allowed processes) Bond payments Collection services Community Service Grants Escrow payments Land, water rights, right of ways & easements Insurance claims such as for property damage Insurance premiums Legal services (Town attorney) Medical services Mileage and meal allowances, employee travel Utilities Utility deposit refunds Subsidies Hardware maintenance Insurance claims such as for property damage Insurance premiums Land, water rights, right of ways & easements Legal services Marketing surveys Medical services, prescriptions Membership dues Mileage and meal allowances, employee travel Platte River Power Authority Postage Purchases required by regulatory statutes Software maintenance Utilities (paid by Town) DRAFT DRAFT DRAFT 12 9. Processing Invoices The following outlines the process for approving and paying invoices. A. Purchase orders (POs) are produced at the time of purchase and before invoices are received. B. Invoices are sent directly to or routed to the Town department responsible for the purchase. C. Invoices must be sufficiently detailed including itemized list of goods or services (description), service or delivery date, invoice date, PO number, location, quantities, vendor/ contractor identification and contact information. D. Purchases shall not be subdivided or split using multiple invoices to avoid any purchasing limits in the Town’s Purchasing Policy including dividing orders, splitting requirement for a job or project, and repetitive purchases of the same or similar items. E. Invoices must be reviewed employees responsible and/or knowledgeable about the purchase. F. Invoices must be approved by employees who have purchasing authority for their respect level. Approval is indicated by signatures. G. Approved and signed invoices must include the following information: 1) Project code as appropriate (used for tracking grants and/or projects) 2) Accounting number 3) Signature or initial H. Approved and signed invoices are routed to accounts payable. I. Invoices are entered into the Town’s accounting system. J. Payments are scheduled to coincide with the Town Board meeting (twice monthly). K. Checks require two (2) signatures. The Mayor’s signature is preprinted and the Finance Officer signs each check. L. Payments are mailed to (or held) for vendors/ contractors following the Town board meeting after the Board approves expenditures. 10. Noncompetitive Purchases Single (or sole) source purchases are a request for a purchase exempted from the Town’s purchasing procedures. The Town provides for and prefers full and open competition when soliciting bids and proposals. Full and open competition provides for cost reasonableness which serves as a risk management tool for the Town to ensure value purchasing. However, the Town acknowledges that under certain circumstances, purchases may be made without a full and open competition. Non-competitive purchasing requires that at least one of the following: A. After adequate solicitation processes are followed and only one bid or proposal is received, the Town may determine the competition to be adequate. A cost analysis must be performed and documented. DRAFT DRAFT DRAFT 13 B. When the Town requires supplies or services available from only one responsible source, and no other supplies or services will satisfy the requirements. C. If the Town requires a contractor to make an extensive, significant, or cumulative change to the scope of an existing contract, the Town has made a sole source award that must be justified. D. Patent or data rights restrictions Non-competitive purchases may be subject to cost analysis and must be approved by the Town Administrator. 11. Cost and Price Reasonableness and Analysis A. Cost reasonableness should be performed on all purchases made that did not follow this policy and its procedures. The method and degree of analysis is dependent on the particular procurement situation and a starting point is the Town must make independent estimates before receiving bids or proposals. B. In certain circumstances, the Town may use design-build projects or other construction methods in which it must negotiate profit as a separate element (line item). C. To establish a fair and reasonable profit the following must be considered: 1) Complexity of the work to be performed 2) Risk borne by the contractor 3) Contractor’s investment 4) Amount/ percent of subcontracting 5) Quality of its record of past performance 6) Industry profit rates in the surrounding geographical area for similar work Determining reasonableness can be as simple as reviewing past invoices or comparing pricing/scope with other vendors. Rocky Mountain e-Purchasing is a resource for this. Departments are responsible for estimating costs 12. Insurance and Bonding Successful bidders requiring insurance will submit evidence of insurance documents in writing to the attention of the Town Administration Department attention Assistance Town Administrator. Types and levels of insurance coverage are necessitated by the size and scope of the project being bid, changes to relevant laws, etc. No work shall commence on any Town project until all such proof of insurance has been submitted to the Town. All construction projects require the Town to be named as an additional insured. Amount of required insurance may be commensurate with the scope and value of the project, and shall be determined by the Town prior to beginning the project. A. Bonding requirements Minimum bonding requirements are as follows: DRAFT DRAFT DRAFT 14 1) A bid guarantee from each bidder equivalent to five percent of the bid price. The ‘‘bid guarantee’’ must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. 2) A performance bond on the part of the contractor for 100 percent of the contract price. A ‘‘performance bond’’ is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. 3) A payment bond on the part of the contractor for 100 percent of the contract price. A ‘‘payment bond’’ is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 13. Blanket purchase agreements and prequalifying vendors The Town has the option of participating in the creation of blanket purchase agreements (BPAs). The advantages include: a) Simplify meeting recurring needs for supplies, materials and services, while leveraging buying power and taking advantage of quantity discounts, saving administrative time, reducing paperwork, and stabilizing a source of supply b) Especially useful during emergencies when short-term notices are needed Process for blanket purchase contracts c) Contractors and suppliers must have been procured following the Town purchasing policies and procedures d) The Town must not preclude potential bidders from qualifying during the full and open solicitation period e) Contracts are renewed each year on or before the contract expiration date f) Contract renewals shall not exceed five (5) years Departments should evaluate particular categories of goods or services that would be most advantageous from a BPA. g) Encouraged for repetitive services and supplies; not for one-time purchases h) Some factors that may determine the need for blanket purchase agreements include reoccurring orders, long lead time, high volume usage, custom items, indefinite delivery and quantity i) An existing contract may be renewed if the vendor was properly procured, goods and services delivered are satisfactory and the department is renewing for the same goods and service. May discuss with Town Administrator. Prequalifying vendors – another efficient and effective purchasing method is to pre- DRAFT DRAFT DRAFT 15 qualified vendors. The process is similar to the BPA; however, rather than contracting with only one (1) vendor, a department may have several vendors available that can be contracted for goods and services. For substantial purchases, the Town may open a bidding or proposal process to only these prequalified vendors. Failure of a contractor to perform will eliminate the contractor from the list of pre-qualified contractors. The Town must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and full competition 14. Year End Information a) All appropriations lapse at the end of each fiscal year. b) If the goods or services were received by December 31, an encumbrance can be liquidated if the invoice for the goods or services has been received and paid. The month of January is for processing all invoices still related to the prior year. The intent is to roll over encumbrances for projects are for multiple years. Town can liquidate encumbrances any time prior to the rollover of purchase orders which is presented to the board in February. c) Expenses budgeted in the current year and a purchase order produced, the encumbrance may be rolled over at the discretion of the Finance Officer to be used to pay for those services or goods once received or delivered. Otherwise, the expenditure will be paid for out of the next fiscal year's expenditures, budgeted or not. d) All purchase orders outstanding at the end of December should be reviewed by departments to determine which, if any, should be closed. Contact the Purchasing Department to get your purchase order closed. e) Nothing contained herein is intended to restrict the timely procurement of operational and emergency requirements for which funds have been appropriated. 15. PERA For all PERA retirees performing services as an independent contractor or as an employee performing work for a Town contractor, the Town will remit the working retiree contributions in the same manner as is currently done for members. For all PERA retirees performing services as an independent contractor or a PERA retiree working for a Town contractor, the Town is responsible for notifying PERA of such arrangements and PERA will offset the retiree’s retirement benefit to collect the working retiree contributions. The Town will conform to IRS definitions for status/determination of employee versus independent contractors. 16. Alcoholic beverages The Town will neither pay for, nor reimburse, employees for monies expended on alcoholic beverages. DRAFT DRAFT DRAFT 16 17. Tax exemption The Town is exempt from paying Colorado sales tax. The Finance Department will provide appropriate purchasers (employees, approved contractors) with Federal and State exemption certificates or numbers. Contractors using the Town exemption status shall make every effort to have sales tax excluded from purchases by completing a DR0172 form. 18. Related Town policies and reference documents Other Town policies that should be referenced when making purchases include the following. (review which Town polices, procedures and other docs should be referenced here) 1) Policy governance – Town Clerk 2) Conflicts of interest, HR policy – Administration Services 3) Nondiscrimination – adopted by Administration for grant management 4) Credit card use – Finance 5) Charge accounts with local vendors? 6) Invoice processing document – Finance 7) Document retention – Administration Services 8) Petty cash – Finance 9) Purchase orders – Finance - separate from this purchasing policy? 10) Tax exemption – Finance 11) Town logo – Administration 12) Record request – Administration Services 13) Travel – Finance Administrative Policy & Procedures Frank Lancaster, Town Administrator Date FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: February 9, 2016 RE: Purchasing Policy #602 – Local Preference Objective: Following discussion at the January 26, 2016, Study Session, Staff is asking that the Town Board adopt Purchasing Policy #602 – Local Preference. Present Situation: Staff is making every effort employ Policy Governance concepts to separate Board-level policies from Administrative policies/procedural manuals. The ongoing revision of the March 2011 Finance Policies and Procedures Manual is an excellent illustration of this strategy. The 2011 version is 35 pages long. The in-progress draft revisions to just the purchasing-related policies and manuals are themselves over 12,000 words, meaning that the total revisions, when complete, will far exceed the original 35 pages. It is not practical to have the Board approve every change that may occur in these documents. Therefore, Staff has attempted to separate the high level of directives into Board- approved policies. As stated, the Town currently follows the Finance Policies and Procedures Manual, last officially updated on March 22, 2011. The current local preference section of the Policy (item 3.4.10, page 17) allows for a 2% local preference discount when selecting vendors. That is, local vendors (all else being equal) are selectable when their bids are within 2% of out-of-town bids. The discount is capped at $37,500. Because this is largely a policy more of Board preference than of Statute or Financial Best Practice, Staff is seeking to move this topic into a separate policy. A cursory review of historical bids shows that 5% may be a more material level of discount. Further procedural definitions and clarifications have been added. The $37,500 cap has also been removed. Proposal: Staff asks that Town Board adopt Purchasing Policy #602 – Local Preference. Advantages: Implementation will provide guidelines for preference for local contractors and vendors. Disadvantages: The disadvantage will be continued use of an outdated and unclear local preference policy. Action Recommended: Staff asks that Town Board adopt Purchasing Policy #602 – Local Preference. Budget: Affected projects/expenditures will be part of the Town’s Budget. Level of Public Interest Some members of the public, specifically those that conduct business with the Town, may have moderate to considerable interest in this policy. Sample Motion: I move for the approval/denial of adoption of Purchasing Policy #602 – Local Preference. Attachments: Purchasing Policy #602 – Local Preference Document Title Draft 1 01/14/2016 Revisions: 0 Town of Estes Park, Finance Page 1 of 1 Effective Period: Until superceded Review Schedule: Annually Effective Date: 02/01/2016 References: Financial Policies Manual 6xx FINANCE #602 Purchasing Policy – Local Preference 1. PURPOSE To support local, the Town offers local vendors an advantage in public contracting. 2. POLICY The Town of Estes Park Board of Trustees authorizes a local business (geographical) preference. 3. PROCEDURE a. “Local” is defined as a business headquartered within the boundaries of the Light & Power service area. b. Quotes for purchases less than $50,000: When the quote is within 5% of the lowest quote, Department Directors may use their discretion in deciding if the written quote should be awarded locally. c. Proposals and bids for purchases between $50,000 and $100,000: When the proposal or bid price is within 5% of the lowest bid, the Town Administrator may use his/her discretion in deciding if the proposer or bidder should be awarded locally. d. Proposals and bids for purchases over $100,000: When the proposal or bid price is within 5% of the lowest bid, the Town Board may use their discretion in deciding if the proposer or bidder should be awarded locally. e. Federal and State grants prohibit geographical preferences; confirm this when using grant funds. f. Prior project/work history with the Town will be considered. g. Must be a business in good standing and hold a current Town business license. Approved: Mayor, Town of Estes Park Date Ordinance #02-16 - First Amendment To The Lease Agreement For Stanley Park With The Estes Valley Recreation And Park District. Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 5, 2016 RE: Ordinance #02-16 - First Amendment to the Lease Agreement for Stanley Park with the Estes Valley Recreation and Park District. Objective: To approve an amendment to the lease for Stanley Park, adding the Youth Center and associated facilities operated by the Estes Valley Recreation and Park District Present Situation: The Town has entered into two separate agreements with the District for the use of the Stanley Park and the Youth Center. A lease agreement for the use of Stanley Park was entered into on March 30, 2010 for a ten (10) year term. The Town entered into the Youth Center agreement with the District on April 26, 2005, a First Amendment to the IGA effective June 8, 2010, and approved a Second Amendment in June 2015 for the operation of the Youth Center through December 31, 2015. The Youth Center is currently being operated by the District without a lease agreement. Proposal: Town staff, Attorney White, and District staff have been working to combine the two separate lease agreements into one, as the Youth Center is located on a portion of the Stanley Park. The new agreement addresses insurance and liability concerns raised over the past several years by CIRSA, the Town’s property and liability insurance, as it relates to the uses on the property. Other items addressed with the amendment include identifying the Youth Center as a recreational facility, increase insurance requirements, increase in the governmental immunity act limits, an indemnity provision and a termination provision. Advantages:  Clarify operational issues on the Stanley Park property.  Reduce the number of agreements between the two entities.  Outlines proper insurance requirements.  Provides a termination provision for both entities.  Addresses concerns outlined by CIRSA. Ordinance #02-16 - First Amendment To The Lease Agreement For Stanley Park With The Estes Valley Recreation And Park District. 2 Disadvantages:  No formal agreement would be in place for the operation of the Youth Center.  Exposes the Town to potential liability. Action Recommended: Approve the First Amendment to the lease agreement for the Stanley Park. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny Ordinance #02-16. Attachment Ordinance #02-16 First Amendment to the lease agreement. ORDINANCE NO. 02-16 AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT FOR STANLEY PARK WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into the first amendment to the lease agreement with the Estes Valley Recreation and Park District for Stanley Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS: 1. The First Amendment to the Lease Agreement for Stanley Park between the Town of Estes Park and the Estes Valley Recreation and Park District, Exhibit A, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. The officials of the Town of Estes Park are hereby authorized to execute the Lease. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2016. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2016, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of , 2016. Town Clerk Deleted: Draft #2, 01/11/2016 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT is effective the 1st day of _____________, 2016, between the TOWN OF ESTES PARK, COLORADO (Lessor) and ESTES VALLEY RECREATION AND PARK DISTRICT (Lessee). RECITALS 1. The Lessor and Lessee are the parties to an Intergovernmental Agreement dated April 26, 2005, First Amendment to Intergovernmental Agreement dated June 8, 2010, and the Second Amendment to Intergovernmental Agreement dated July 21, 2015 (collectively the “Intergovernmental Agreement”). 2. The Intergovernmental Agreement provides for the operation of the Youth Center. 3. The term of the Intergovernmental Agreement expired December 31, 2015. 4. The Youth Center is located on the premises described in the Lease Agreement effective March 30, 2010 between the Lessor and Lessee. 5. The parties desire to incorporate certain provisions of the expired Intergovernmental Agreement into the Lease Agreement and amend other provisions of the Lease Agreement. NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING, the Lessor and Lessee amend the Lease Agreement as follows: 1. The Youth Center shall be a recreational facility as provided in the Lease Agreement and subject to the terms and conditions of the Lease Agreement. 2. Section 3 of the Lease Agreement provides that the Term of the Lease Agreement shall extend for ten (10) years, “commencing on the first day of January 2010 and ending on the 31st day of December 2020.” However, a ten (10) year term commencing on January 1, 2010 would end on December 31, 2019, not December 31, 2020. Therefore, the Lessor and Lessee hereby desire to correct this error and agree that the Lease Agreement, pursuant to Section 3, shall terminate on December 31, 2019, unless sooner terminated in accordance with the terms of this First Amendment to Lease Agreement. Commented [b1]: Don’t have copies of these amendments. Did they extend the term to December 31, 2015? Is that were the expiration date below comes from? Commented [b2]: Which provisions are we incorporating? It appears this document simply amends the lease agreement. 2 3. Section 5 shall be amended and replaced in its entirety with the following: a. Lessee shall maintain in full force and effect, at Lessee’s sole expense, a policy or policies of general liability and auto liability insurance in the amount of no less than Five Million Dollars ($5,000,000) per claim/occurrence covering the premises, all structures thereon, and all uses therein. Lessee shall have Lessor included as an “Additional Insured” on said policy. Within thirty days after execution of this First Amendment to Lease Agreement and annually thereafter within thirty days of the renewal of said policy or policies, Lessee shall cause to be provided to Lessor a Certificate of Insurance evidencing such coverage and such “Additional Insured” status. Lessee shall also require any sublessee of the premises, or of any structures thereon of any portion thereof, to meet the requirements of this paragraph. b. Lessee shall carry Property Coverage for all structures and contents within the premises. Lessee shall include Lessor as a loss payee on such coverage as the respective interests of Lessor and Lessee may appear. Within thirty days after execution of this First Amendment to Lease Agreement and annually thereafter, within thirty days of the renewal of said policy or policies, Lessee shall cause to be provided to Lessor a Certificate of Insurance evidencing such coverage and such loss payee status. Lessee shall also require any sublessee within the Youth Center to meet the requirements of this paragraph. c. Lessee shall maintain workers’ compensation insurance coverage during the term of this Agreement in compliance with the Colorado Workers’ Compensation Law. Lessee shall also require that all independent contractors providing any labor or services with respect to the premises and structures thereon maintain workers’ compensation insurance coverage in accordance with the Colorado Workers’ Compensation Law. 4. Section 6 shall be amended and replaced in its entirety with the following: The parties understand and agree that the parties are relying on, and do not waive or intend to waive, by any provision of this Lease, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq. C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agent or employees. 5. Section 7 shall be amended and replaced in its entirety with the following: 3 To the extent permitted by law, each Party agrees to indemnify, hold harmless, and defend the other Party, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or action for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys’ fees arising out of or resulting from the other Party’s intentional or negligent actions and/or omissions with respect to the premises and structures thereon and/or uses thereof under the terms and conditions of this Agreement. Lessee shall include in any sublease of any portion of the premises or structures thereof or portions thereof an indemnification requirement reflecting the requirements of this paragraph. 6. Section 9 shall be amended and replaced in its entirety with the following: Lessee, for whatever reason it determines in its sole and absolute discretion, may terminate this Lease by giving Lessor notice in writing of its intent to terminate on or before October 1 of any calendar year with the termination effective December 31 of that calendar year. Upon termination of this lease, Lessee shall be entitled to remove all of its personal property including all structures erected on the premises if the same can be removed without damaging Lessor’s underlying property. In the event that any structure erected on the premises cannot be removed by Lessee without damage to Lessor’s underlying property, said structure shall remain on the premises upon termination of the lease. 7. All other terms and conditions of the Lease Agreement, not otherwise amended by this First Amendment to Lease Agreement, shall remain in full force and effect. 4 LESSOR: TOWN OF ESTES PARK ___________________________ By: Mayor ATTEST __________________________ Town Clerk, STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2016, by William Pinkham, Mayor of the Town of Estes Park. WITNESS my hand and official seal. My commission expires: ______________________ _______________________ Notary Public 5 LESSEE: ESTES VALLEY RECREATION AND PARK DISTRICT ___________________________ By: Executive Director STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2016, by Tom Carosello, Executive Director of the Estes Valley Recreation and Park District. WITNESS my hand and official seal. My commission expires: ______________________ _______________________ Notary Public Mayor’s Right to Vote (CRS 31-4-302 – Mayor - Powers). Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: January 22, 2016 RE: Mayor’s Right to Vote (CRS 31-4-302 – Mayor - Powers). Objective: To review the Mayor’s right to vote as outlined in the Colorado Revised Statute 31-4-302. Present Situation: The Town Board last reviewed the Mayor’s right to vote during the February 14, 2012 study session. At that meeting the consensus of the Board was to maintain the current mayor’s right to vote (tie breaking vote only) because it allows the mayor to hear all sides of an issue in the event a tie breaking vote becomes necessary. Per Municipal Code §2.12.030 the Mayor shall have no vote upon any question except in the case of a tie vote. Current state statue indicates that a mayor shall preside at all meetings of the board of trustees and shall have the same voting powers as any member of the board. However, a town may provide by ordinance that the mayor shall not be entitled to vote on any matter before the board, except in the case of a tie vote. The Clerk’s Office completed research in the past illustrating the Mayor’s right to vote has been in existence since at least 1961 as referenced in the 1961 Municipal Code attached for your review. A 2012 survey demonstrated municipalities are equally divided on allowing the mayor a vote on all issues. Proposal: At the January 12, 2016 study session, the Board agreed to review the Mayor’s right to vote at the January 26, 2016 meeting. The item is being reviewed as an action item to allow public comment on the topic and to provide staff direction. The state statute allows the Mayor’s right to vote to be reviewed by the Board within 60 days of the Municipal Election for mayor. Attorney White has provided a written review of the state statute. Questions regarding the state statute will be addressed during the Town Board meeting. Advantages:  To allow public comment on the Mayor’s right to vote prior to the upcoming Municipal Election for mayor. Mayor’s Right to Vote (CRS 31-4-302 – Mayor - Powers). 2 Disadvantages:  None. Action Recommended: To provide staff with direction on developing an Ordinance to allow the Mayor the right to vote on all issues. Budget: None. Level of Public Interest Moderate. Sample Motion: I move to approve/deny staff prepare an Ordinance to allow the Mayor the right to vote on all issues coming before the Board of Trustees for consideration at an upcoming Town Board meeting prior to the April 5, 2016 election. Attachments:  1961 Estes Park Municipal Code §4.8  C.R.S. §31-4-302 Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: January 21, 2016 RE: Voting Rights of the Mayor This Memo provides a summary of the voting rights of the Mayor. Section 2.12.030 of the Municipal Code Vote Required states as follows: “The Mayor shall have no vote upon any question except in the case of a tie vote. All ordinances and resolutions adopted authorizing the expenditure of money or the entering into a contract require the approval and signature of the Mayor before they can become valid.” Section 31-4-302 C.R.S. Mayor – Powers provides in part as follows: “….However, a town may provide by ordinance that the mayor shall not be entitled to vote on any matter before the board, except in the case of a tie vote. If such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may provide or may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or for the requisite majority on any matter to be voted on by the board of trustees. Any such ordinance may be adopted, amended, or repealed only within the sixty days preceding any election of a mayor, to take effect upon such mayor’s assumption of office.” The Town Board may change Section 2.12.030 by adopting an ordinance between February 5, 2016 through April 4, 2016, to provide that the Mayor shall be a voting member of the Board of Trustees. In the event of adoption of such an ordinance, the authorization for the mayor to disapprove any ordinance adopted and all resolut ions authorizing the expenditure of money or the entering into of contract, would also be removed from the Mayor’s powers. Please note that in the event the Mayor fails to approve an adopted ordinance or a resolution for the expenditure of money or the entering into of a contract, Section 31-16- 104 C.R.S. provides that in said event the ordinance or resolution shall be re turned to the Board of Trustees at the next regular meeting with the Mayor’s objections in writing. The Board of Trustees, at said meeting or subsequent meeting, shall consider the question “Shall the ordinance or resolution notwithstanding the Mayor’s objections be passed?” If two-thirds of the Trustees (five Trustees) vote in the affirmative, such resolution or ordinance shall become law. Page 1 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Mallory Baker, Planning Consultant Date: February 4, 2016 RE: Development Review Fee Schedule Building Permit Fee Assessment and Collection Floodplain Permit Fee Schedule Sign Permit Fee Schedule Objective: 1. To consider a resolution (Resolution #04-16) adopting revised fee schedules for the Community Development Department, Planning Division. 2. To consider an ordinance (Ordinance #03-16) adopting revised building permit fee schedules for the Community Development Department, Building Division. 3. To consider a motion to include a revision to Section 109.3, Building Permit Valuations, in the International Building Code local amendments. Present Situation: Over the summer of 2015, the Community Development Department initiated an analysis of its revenue, expenses, and fee assessment processes in order to determine best practices for levying service fees. Following the data gathering phase, the Department conducted a public participation process, hosting stakeholder and public meetings, as well as an online forum for discussion. With the direction of the Town Board, the Department has identified new processes for assessing and levying Planning Division development review fees, Building Division permit fees, floodplain development permit fees, and sign permit fees. These new processes will improve cost recovery and customer service levels in the Department while ensuring an equitable system for all applicants. For the information of the Board, the proposals recommended by the Community Development Department Staff do not account for Public Works or Utility Department costs associated with Development Review or Building Permit Review. A typical approach to recouping such expenses is levying an impact fee for new development. Impact fees generally cover costs associated with service provision, as well as administrative and technical review fees. Page 2 Proposal: Planning Division Development Review Fee Schedule Combination Model at 50% Cost Recovery The Combination Model at 50% Cost Recovery proposed by staff will improve development review expense coverage by an estimated 16%. This model utilizes a combination of two separate fee assessment processes: review deposit, in which time spent on a project is tracked and invoiced up to the deposit amount, and standard, in which a standard fee is charged based on the type of project or service rendered (See Exhibit A, Review Deposit Fee Schedule, and Exhibit B, Standard Fee Schedule). In addition, Staff has incorporated data analysis to eliminate or reduce some application review costs to reflect actual department expenditures and community input. For example, the previous model charged a standard pre-application meeting fee of $500 for all project types, regardless of complexity or the number of meeting attendees. Conversely, the proposed new model does not charge a pre-application meeting fee for the majority of application types and services because of the minimal time and resources spent by staff on such meetings. Finally, Staff acknowledges that certain reviews require outsourcing, based on the complexity and nature of the project and Department workload, among other factors. As such, Staff proposes that the Community Development Director have the authority to outsource certain development review applications. For these types of applications, the fees would be assessed and charged to the applicant based on the reviewer’s rate. Advantages:  Improves departmental cost recovery by an estimated 16% annually.  Reflects public feedback by eliminating or reducing some costs to accurately mirror actual department expenditure.  Offers an organic opportunity for intradepartmental data collection and assessment. Incentivizes complete applications and efficient use of staff time by applicants. Disadvantages:  Requires development and implementation of new processes for review deposit collection and tracking. Staff has already made strides to determine best technology practices, coordinate interdepartmental process with the Finance department, and develop outreach materials for applicants. Proposal: Building Permit Fee Assessment and Collection Locally-Based Valuation Model The Locally-Based Valuation Model proposed by Staff involves using actual per square foot construction costs to assess project valuations for all project types, including new construction. Valuations that fall outside of the range of average per square foot construction costs in the Town of Estes Park will be audited following completion of the project. Page 3 Plan Review Fees Changes to Collection: In the current system, plan review fees are assessed at 65% of the permit fee and paid upon permit pickup. This has resulted in an average of $15,000 in annual departmental cost recovery losses due to unpaid plan review fees, which occur when projects are reviewed by the department but are abandoned by the applicant prior to permit pickup. As such, Staff proposes that the plan review fee be collected upon application submittal. Changes to Assessment: Because of design wind speeds and snow loads required in the Town of Estes Park, structural details must be stamped by an architect or engineer, which negates the need for a full structural review. As the current assessment percentage of 65% of the permit fee assumes full structural review, Staff proposes that the plan review fee be reduced to 50%. This assessment level will reduce plan review fees collected by 23%. For example, in the current system, a permit fee of $1,000 would yield a plan review fee of $650. In the proposed system, a permit fee of $1,000 wo uld yield a plan review fee of $500, or a 23% reduction. Incentives and Penalties: Staff proposes that applicants in compliance with all minimum submittal checklist requirements upon first review receive a 50% reduction in the plan review fee charged for the project. Staff further proposes that applicants not in compliance with all minimum submittal checklist requirements upon first review will be assessed additional plan review fees at a rate of $100 per hour after the second review. Finally, when plan reviews must be outsourced at the discretion of the Chief Building Official, such reviews will be assessed and charged at the reviewer’s rate. Dwelling Life Safety Survey Fee: Staff proposes the addition of a Vacation Home Rental Inspection (Dwelling Life Safety Survey) Fee of $200 per survey (See Exhibit C, Pg. 2). Advantages:  Improves equity across all project types.  Improves division cost recovery through up-front plan review fee collection and accurate valuation assessment.  Incentivizes complete submittals.  Reflects community feedback. Disadvantages:  Requires staff training with Larimer County to implement standardized audit procedure Proposal: Floodplain Development Permit Fee Schedule Ensuring that development in the floodplain complies with local, state, and federal regulations is an increasingly important issue in the Town of Estes Park. As a result, floodplain development permit reviews have increased in complexity, leading the Department to outsource the majority of reviews. Presently, the floodplain development permit fee of $50 covers only 5% to 10%, on average, of review exp enses. As such, Staff proposes charging applicants at-cost for floodplain development permits in order to Page 4 improve cost recovery and account f or the complexity of developing in the floodplain. This change is reflected in Exhibit B. Advantages:  Improves cost recovery.  Accurately reflects the time and resources spent on floodplain development permit reviews.  Requires minimal implementation, as outsourced reviews are already tracked per- project. Disadvantages:  Significant departure from current system. Proposal: Sign Permit Fee Schedule Presently, sign permits in the Town, except for temporary banners, can be obtained for $75. Staff proposes reducing this fee to $50 to accurately reflect time and resources spent on sign permit reviews. This change is reflected in Exhibit B. Advantages:  Accurately reflects the time and resources spent on sign permit reviews. Disadvantages:  None. Action Recommended: Community Development Department Staff recommend that the Board adopt the proposals for development review fees, building permit fee asses sment, floodplain development permit fees, and sign permit fees as outlined in this memorandum. Budget: Changes to the Development Review Fee Schedule would impact Account Number 101-1600. Changes to the Building Permit Valuation and Audit Procedures would impact Account Number 101-2300. New account numbers will be established for floodplain permit revenue and expenses. Level of Public Interest: The level of public interest of the general citizenry is perceived to be low, particularly considering the amount of participation received to-date on this topic. However, Staff anticipates that any changes will yield an increased level of public interest for some time after implementation. Public comment after the fact will be handled through customer guides dedicated to these issues, as well as general education and information provided by Staff as applicants learn about the new processes. Page 5 Sample Motions: 1. Development Review Fee Schedules: Changes to the development review fee schedule, including floodplain development permit reviews and sign permit reviews, may be adopted by resolution (Resolution #04 -16). The fee schedules, revised pursuant to the proposals outlined in this memorandum, ar e attached as Exhibits A and B. Below are the Board’s options: a. I move to APPROVE Resolution #04-16, as recommended by Staff. b. I move to APPROVE Resolution #04-16 with the following changes/conditions (list changes and/or conditions). c. I move to DENY Resolution #04-16. d. I move to CONTINUE THE HEARING to allow for further study. 2. Building Permit Fee Schedules: Changes to the building permit fee schedules may be adopted by ordinance (Ordinance #03-16). The fee schedules, if adopted by the Board, will be referenced in the International Building Code Local Amendments (See Exhibit C). If the fee schedules are not adopted, the Board must establish and approve another fee schedule. Below are the Board’s options: a. I move to APPROVE Ordinance #03-16, as recommended by Staff. b. I move to APPROVE Ordinance #03-16 with the following changes/conditions (list changes and/or conditions). c. I move to DENY Ordinance #03-16. d. I move to CONTINUE THE HEARING to allow for further study. 3. Building Permit Valuation Assessment: The Board can move to approve, deny, or continue the inclusion of the revised Building Permit Valuation Assessment methodology in the International Building Code Local Amendments. Below are the Board’s options: a. I move to APPROVE the inclusion of revised subsection 109.3 in the International Building Code Local Amendments, as recommended by Staff. b. I move to APPROVE the inclusion of revised subsection 103.9 in the International Building Code Local Amendments with the following changes/conditions (list changes and/or conditions). c. I move to DENY the inclusion of revised subsection 103.9 in the International Building Code Local Amendments. d. I move to CONTINUE THE HEARING to allow for further study. Attachments: Exhibit A: Review Deposit Fee Schedule Exhibit B: Standard Fee Schedule Exhibit C: Significant Changes, International Building Code Local Amendments 170 MACGREGOR AVE. • P.O. BOX 1200 • ESTES PARK, CO • 80517 • PH. 970-577-3721 • FAX 970-586-0249 • www.estes.org 1 EFFECTIVE DATE: APRIL 1, 2016REVIEW DEPOSIT FEES Type of Application Review Deposit Development Plan: Staff Level $1,250 Development Plan: Commission-Level $3,250 Conditional Use Permit $4,500 Special Review $4,500 Planned Unit Development $4,500 Development Plan Amendment: Commission-Level $1,500 Development Agreement Modification $1,250 Preliminary Subdivision Plat $4,500 Final Subdivision Plat $3,000 Minor Land Subdivision $1,500 Annexation $2,500 Code Amendment (e.g. Rezoning)$4,500 The Review Deposit Fee Policy will improve levels of customer service for the most complex development review services provided by the Community Development Department. This new policy provides a number of benefits to applicants, including: • Incentives for complete submittals. Applicants are able to reduce their review costs by following development review requirements. • Elimination of certain pre- application meeting fees. No pre- application meeting fee is required for simpler application types, such as Amended Plats. • Quantified review process. Applicants will be provided with a list of tasks completed and time spent on their project each month during the review process. GENERAL POLICIES • Submittals will not be accepted until the applicable fee has been paid. • Certain project types are eligible for fee waivers. For more information on the department’s fee waiver policy, contact the Community Development Director. • Application reviews may be outsourced at the discretion of the Community Development Director. Outsourced reviews will be charged at total cost of the review. • For information on County fees, visit www.larimer.org. ESTES PARK COMMUNITY DEVELOPMENT POLICY Land use application types requiring the most staff time and resources will require a review deposit collected at the pre- application meeting. Project expenses, including, but not limited to, staff time, legal time, and overhead costs such as printing and public noticing, will be tracked by the department and issued to the applicant on the last business day of each month. Expenses will be tracked until such time that the application is approved by the decision-making body and/or recorded, or the application is officially withdrawn by the applicant. Should a project’s expenses be less than the collected deposit amount, the applicant shall be refunded the difference. The deposit amount indicates the maximum amount that will be charged to the applicant, even if the project expenses exceed that amount. Outsourced reviews are not subject to a maximum. Should an applicant be submitting multiple applications concurrently, the largest application deposit shall be collected. For example, if an applicant submits a Rezoning application and a Commission-Level Development Plan, a $4,500 review deposit shall be collected. 170 MACGREGOR AVE. • P.O. BOX 1200 • ESTES PARK, CO • 80517 • PH. 970-577-3721 • FAX 970-586-0249 • www.estes.org 1 EFFECTIVE DATE: APRIL 1, 2016 STANDARD FEES Type of Application Fee Improvement Agreement/ LOC 0.5% of Credit Amount Cell-Towers: Administrative Review $1,300 Administrative Appeal (Board/Commission Level) $500 Amended Plat/ Boundary Line Adjustment/ Lot Consolidation $1,250 Easement Vacation $500 Legal Lot Determination $500 Temporary Use Permit $75 BOA Variance: Prior to Construction $725 BOA Variance: After Construction $1,275 Development Plan Amendment: Staff Level $870 Preliminary Plat Time Extension $500 Final Plat Time Extension $500 Final Condominium Map $500 Supplemental Condominium Map $300 Amended Condominium Map $500 Staff Minor Modification (EVDC 3.7): Prior to Construction $150 Staff Minor Modification (EVDC 3.7): After Construction $300 Certificate of Occupancy Inspection $0 for first, $50 for each sub- sequent inspection Sign Permit (Except for Banners)$50 Temporary Banner Permit $35 Floodplain Development Permit At Total Cost of Review* General policies for land use applications and services requiring a standard fee collected at the time of application submittal or delivery of service are as follows: • Submittals will not be accepted until the applicable fee has been paid. • Additional fees equal to 20% of the original application fee will be charged for all incomplete applications or for multiple requests for plan review. • Certain project types are eligible for fee waivers. For more information on the department’s fee waiver policy, please contact the Community Development Director. • Application reviews may be outsourced at the discretion of the Community Development Director. Outsourced reviews will be charged at total cost of the review. • For information on County Fees, visit www.larimer.org *Pursuant to Section 17.28.090 of the Estes Park Municipal Zoning Code. ESTES PARK COMMUNITY DEVELOPMENT POLICY The majority of land use applications and services require a standard fee, collect- ed at the time of application submittal or delivery of service. Fees are intended to cover 50% of expenses incurred by the department during the review process, such as staff time and administrative expenses. 1 START SIGNIFICANT CHANGE Table 1-A – Building Permit Fees TOTAL VALUATIONl FEE2 $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100.001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof 1Valuations shall be determined per Section 109.3 of this code. 2 A fee for combination building permits shall be paid to the building official as set forth in Table 1-A, except as specified in Table 1-B. A plan review fee shall be paid equal to 50 percent of the building permit fee as shown in Table 1-A. A 50% discount in review fees will be given for plans which are approved on first review. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate shown in Table 1-B. Plans that cannot be reviewed by building division staff due to their complexity will be charged the full review fee of the outside agency used by the division of building safety for the plan review. 2 Table 1-B - Fee Schedule 1. Inspections outside of normal business hours. $100.00/hour1 (minimum charge = one hour) 2. Re-inspection fees assessed under provisions of Section 109.8 $100.00/hour1 (minimum charge = one hour) 3. Inspections for which no fee is specifically indicated. $100.00/hour1 (minimum charge = one hour) 4. Additional plan review required by changes, additions or revisions to plans. $100.00/hour1 (minimum charge = one hour) 5. For use of outside consultants for plan checking and inspections or both. Actual costs2 6. Demolition permits. $50.00 OTC. $100.00 per structure requiring review by other departments/agencies. $200.00 per structure with utility connections. 7. Temporary use permits. $50.00 each 8. Certificates of occupancy. $100.00 each 9. Temporary certificates of occupancy. $100.00/hour1 (minimum charge = one hour) 10. Appeals to the Board of Appeals. $50.00 each 11. Wildfire Fees The most recent wildfire fees table adopted by Larimer County, which is hereby adopted by reference. 12. Dwelling Life Safety Survey $200.00 each 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. 20% of standard permit fees and plan review fees shall be collected as general administrative overhead costs. These fees are separate from and are in addition to fees paid to outside consultants. 3 Table 1-C – Grading Plan Review Fees 50 cubic yards (38.2m³) or less No fee 51 to 100 cubic yards (40 m³ to 76.5 m³) $27.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) $45.00 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) $58.00 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $58.00 for the first 10,000 cubic yards (7,645.5 m³), plus $28.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 to 200,000 cubic yards (76,455 m³ to 152,911 m³) = $310.00 for the first 100,000 cubic yards (76,455 m³), plus $15.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 200,001 cubic yards (152,912 m³) or more = $460.00 for the first 200,000 cubic yards (152,911 m³) plus $8.50 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans $100.00/hour* (minimum charge = one half hour) * Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 4 Table J-2 – Grading Permit Fees1 50 cubic yards (38.2m³) or less $27.00 51 to 100 cubic yards (40 m³ to 76.5 m³) $45.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) = $45.00 for the first 100 cubic yards (76.5 m³), plus $20.00 for each additional 100 cubic yards (76.5 m³) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) = $225.00 for the first 1,000 cubic yards (764.6 m³), plus $16.00 for each additional 1,000 cubic yards (764.6 m³) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $369.00 for the first 10,000 cubic yards (7,645.5 m³), plus $76.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 cubic yards (76,455 m³) or more = $1,053.00 for the first 100,000 cubic yards (76,455 m³), plus $42.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: 1. Inspections outside of normal business hours 2. Re-inspection fees assessed under provisions of Section 108.8 3. Inspections for which no fee is specifically indicated $100.00/hour² (minimum charge = two hours) $100.00/hour² $50.50/hour² (minimum charge = one hour) 1 The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 5 109.3 Building permit valuations. REVISE this subsection as follows: The applicant for a permit shall provide the actual project value at time of application. Project valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final project valuation shall be set by the building official. Valuations for all projects shall be actual project values. The schedule of permit fees shall be reviewed and approved annually by the Board of Trustees of the Town of Estes Park. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit the actual project value at time of application. Permit Project valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit project valuation shall be set by the building official. Valuations for all projects shall be actual project values. The schedule of permit fees shall be reviewed and approved annually by the Board of Trustees of the Town of Estes Park. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. The fee Tables 1-A, 1-B, 1-C, and 1-D use project valuations to directly determine permit fees. To ensure equity and consistency in assessing fees, it is essential to establish a clear and specific method of determining project valuations. Increasing a project valuation will result in increased permit fees. The increase in permit fees is not directly proportionate to the increase in valuation, because the percentage of project valuation assessed as fees, decreases as the project valuation increases. The above proposed amendment clearly specifies the process by which the building official is to determine valuations. It is not the current process and will become part of the code if approved for adoption. Fees and how they are determined have been discussed by the Board of Appeals at multiple public meetings. The Board of Appeals supports using actual project valuations to assess fees. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. END SIGNIFICANT CHANGE RESOLUTION NO. 04-16 RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT DEPARTMENT FEE SCHEDULES FOR THE TOWN OF ESTES PARK WHEREAS, the Community Development Department has reviewed its current development fee schedules and proposes to revise its fee schedules to improve cost recovery and customer service levels in the Department while ensuring an equitable system for all applicants; and WHEREAS, the revised Community Development Department fee schedules also include revised fees for sign and temporary banner permits and floodplain development review permits. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Community Development Department fee schedules set forth on Exhibit A attached hereto are hereby adopted. 2. The fee schedules set forth on Exhibit A shall be effective April 1, 2016. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this 9th day of February, 2016. TOWN OF ESTES PARK, COLORADO _____________________________ Mayor ATTEST: __________________________ Town Clerk 170 MACGREGOR AVE. • P.O. BOX 1200 • ESTES PARK, CO • 80517 • PH. 970-577-3721 • FAX 970-586-0249 • www.estes.org 1 EFFECTIVE DATE: APRIL 1, 2016REVIEW DEPOSIT FEES Type of Application Review Deposit Development Plan: Staff Level $1,250 Development Plan: Commission-Level $3,250 Conditional Use Permit $4,500 Special Review $4,500 Planned Unit Development $4,500 Development Plan Amendment: Commission-Level $1,500 Development Agreement Modification $1,250 Preliminary Subdivision Plat $4,500 Final Subdivision Plat $3,000 Minor Land Subdivision $1,500 Annexation $2,500 Code Amendment (e.g. Rezoning)$4,500 The Review Deposit Fee Policy will improve levels of customer service for the most complex development review services provided by the Community Development Department. This new policy provides a number of benefits to applicants, including: • Incentives for complete submittals. Applicants are able to reduce their review costs by following development review requirements. • Elimination of certain pre- application meeting fees. No pre- application meeting fee is required for simpler application types, such as Amended Plats. • Quantified review process. Applicants will be provided with a list of tasks completed and time spent on their project each month during the review process. GENERAL POLICIES • Submittals will not be accepted until the applicable fee has been paid. • Certain project types are eligible for fee waivers. For more information on the department’s fee waiver policy, contact the Community Development Director. • Application reviews may be outsourced at the discretion of the Community Development Director. Outsourced reviews will be charged at total cost of the review. • For information on County fees, visit www.larimer.org. ESTES PARK COMMUNITY DEVELOPMENT POLICY Land use application types requiring the most staff time and resources will require a review deposit collected at the pre- application meeting. Project expenses, including, but not limited to, staff time, legal time, and overhead costs such as printing and public noticing, will be tracked by the department and issued to the applicant on the last business day of each month. Expenses will be tracked until such time that the application is approved by the decision-making body and/or recorded, or the application is officially withdrawn by the applicant. Should a project’s expenses be less than the collected deposit amount, the applicant shall be refunded the difference. The deposit amount indicates the maximum amount that will be charged to the applicant, even if the project expenses exceed that amount. Outsourced reviews are not subject to a maximum. Should an applicant be submitting multiple applications concurrently, the largest application deposit shall be collected. For example, if an applicant submits a Rezoning application and a Commission-Level Development Plan, a $4,500 review deposit shall be collected. 170 MACGREGOR AVE. • P.O. BOX 1200 • ESTES PARK, CO • 80517 • PH. 970-577-3721 • FAX 970-586-0249 • www.estes.org 1 EFFECTIVE DATE: APRIL 1, 2016 STANDARD FEES Type of Application Fee Improvement Agreement/ LOC 0.5% of Credit Amount Cell-Towers: Administrative Review $1,300 Administrative Appeal (Board/Commission Level) $500 Amended Plat/ Boundary Line Adjustment/ Lot Consolidation $1,250 Easement Vacation $500 Legal Lot Determination $500 Temporary Use Permit $75 BOA Variance: Prior to Construction $725 BOA Variance: After Construction $1,275 Development Plan Amendment: Staff Level $870 Preliminary Plat Time Extension $500 Final Plat Time Extension $500 Final Condominium Map $500 Supplemental Condominium Map $300 Amended Condominium Map $500 Staff Minor Modification (EVDC 3.7): Prior to Construction $150 Staff Minor Modification (EVDC 3.7): After Construction $300 Certificate of Occupancy Inspection $0 for first, $50 for each sub- sequent inspection Sign Permit (Except for Banners)$50 Temporary Banner Permit $35 Floodplain Development Permit At Total Cost of Review* General policies for land use applications and services requiring a standard fee collected at the time of application submittal or delivery of service are as follows: • Submittals will not be accepted until the applicable fee has been paid. • Additional fees equal to 20% of the original application fee will be charged for all incomplete applications or for multiple requests for plan review. • Certain project types are eligible for fee waivers. For more information on the department’s fee waiver policy, please contact the Community Development Director. • Application reviews may be outsourced at the discretion of the Community Development Director. Outsourced reviews will be charged at total cost of the review. • For information on County Fees, visit www.larimer.org *Pursuant to Section 17.28.090 of the Estes Park Municipal Zoning Code. ESTES PARK COMMUNITY DEVELOPMENT POLICY The majority of land use applications and services require a standard fee, collect- ed at the time of application submittal or delivery of service. Fees are intended to cover 50% of expenses incurred by the department during the review process, such as staff time and administrative expenses. 1 ORDINANCE NO. 03-16 AN ORDINANCE REVISING BUILDING PERMIT FEES, FEE SCHEDULES, AND GRADING PLAN REVIEW AND PERMIT FEES, AND AMENDING SECTION 109.3 OF THE INTERNATIONAL BUILDING CODE. WHEREAS, in Ordinance No. 08-11, the Board of Trustees of the Town of Estes Park adopted the 2009 International Building Code (the “IBC”) including building permit fees, fee schedules, and grading plan review and permit fees; and WHEREAS, the Board of Trustees desires to adopt new building permit fees, fee schedules, and grading plan review and permit fees; and WHEREAS, the Board of Trustees also desires to amend Section 109.3 of the IBC regarding building permit valuations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Table 1-A Building Permit Fees, Table 1-B Fee Schedule, Table J-1 Grading Plan Review Fees, and Table J-2 Grading Permit Fees of the 2009 International Building Code shall be amended as set forth on Exhibit A attached hereto and incorporated herein by reference. 2. Section 109.3 of the 2009 International Building Code shall be amended to read as follows: Section 109.3 Building permit valuations. The applicant for a permit shall provide the actual project value at time of application. Project valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final project valuation shall be set by the building official. 3. The revisions to the 2009 International Building Code set forth in Sections 1 and 2 above shall be effective May 1, 2016. 2 4. The Ordinance shall take effect and be in force 30 days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2016. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2016 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2016. Town Clerk 1 START SIGNIFICANT CHANGE Table 1-A – Building Permit Fees TOTAL VALUATIONl FEE2 $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100.001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof 1Valuations shall be determined per Section 109.3 of this code. 2 A fee for combination building permits shall be paid to the building official as set forth in Table 1-A, except as specified in Table 1-B. A plan review fee shall be paid equal to 50 percent of the building permit fee as shown in Table 1-A. A 50% discount in review fees will be given for plans which are approved on first review. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate shown in Table 1-B. Plans that cannot be reviewed by building division staff due to their complexity will be charged the full review fee of the outside agency used by the division of building safety for the plan review. Exhibit A 2 Table 1-B - Fee Schedule 1. Inspections outside of normal business hours. $100.00/hour1 (minimum charge = one hour) 2. Re-inspection fees assessed under provisions of Section 109.8 $100.00/hour1 (minimum charge = one hour) 3. Inspections for which no fee is specifically indicated. $100.00/hour1 (minimum charge = one hour) 4. Additional plan review required by changes, additions or revisions to plans. $100.00/hour1 (minimum charge = one hour) 5. For use of outside consultants for plan checking and inspections or both. Actual costs2 6. Demolition permits. $50.00 OTC. $100.00 per structure requiring review by other departments/agencies. $200.00 per structure with utility connections. 7. Temporary use permits. $50.00 each 8. Certificates of occupancy. $100.00 each 9. Temporary certificates of occupancy. $100.00/hour1 (minimum charge = one hour) 10. Appeals to the Board of Appeals. $50.00 each 11. Wildfire Fees The most recent wildfire fees table adopted by Larimer County, which is hereby adopted by reference. 12. Dwelling Life Safety Survey $200.00 each 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. 20% of standard permit fees and plan review fees shall be collected as general administrative overhead costs. These fees are separate from and are in addition to fees paid to outside consultants. 3 Table 1-C – Grading Plan Review Fees 50 cubic yards (38.2m³) or less No fee 51 to 100 cubic yards (40 m³ to 76.5 m³) $27.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) $45.00 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) $58.00 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $58.00 for the first 10,000 cubic yards (7,645.5 m³), plus $28.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 to 200,000 cubic yards (76,455 m³ to 152,911 m³) = $310.00 for the first 100,000 cubic yards (76,455 m³), plus $15.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 200,001 cubic yards (152,912 m³) or more = $460.00 for the first 200,000 cubic yards (152,911 m³) plus $8.50 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans $100.00/hour* (minimum charge = one half hour) * Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 4 Table J-2 – Grading Permit Fees1 50 cubic yards (38.2m³) or less $27.00 51 to 100 cubic yards (40 m³ to 76.5 m³) $45.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) = $45.00 for the first 100 cubic yards (76.5 m³), plus $20.00 for each additional 100 cubic yards (76.5 m³) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) = $225.00 for the first 1,000 cubic yards (764.6 m³), plus $16.00 for each additional 1,000 cubic yards (764.6 m³) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $369.00 for the first 10,000 cubic yards (7,645.5 m³), plus $76.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 cubic yards (76,455 m³) or more = $1,053.00 for the first 100,000 cubic yards (76,455 m³), plus $42.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: 1. Inspections outside of normal business hours 2. Re-inspection fees assessed under provisions of Section 108.8 3. Inspections for which no fee is specifically indicated $100.00/hour² (minimum charge = two hours) $100.00/hour² $50.50/hour² (minimum charge = one hour) 1 The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. Town of Estes Park Board of Trustees Regular MeetingFebruary 9, 2016PROPOSALS:DEVELOPMENT REVIEW FEE SCHEDULEBUILDING PERMIT FEE ASSESSMENT AND COLLECTIONFLOODPLAIN PERMIT FEE SCHEDULESIGN PERMIT FEE SCHEDULE Meeting AgendaI. Today’s Objectives II. Process To-DateIII.Development Review Fees–Staff Proposal–Project Implementation Process–Town Board OptionsIV.Building Permit Review– Staff Proposal–Project Implementation Process–Town Board Options Today’s Objectives1. To consider a resolution adopting revised fee schedules for the Community Development Department, Planning Division. 2. To consider a motion to include a revision to Section 109.3, Building Permit Valuations, in the International Building Code local amendments. 3. To consider a resolution adopting revised building permit fee schedules for the Community Development, Building Division. Process To-DateSummer 2015: Data Gathering and Analysis Fall 2015: Public Participation Winter 2016: Adoption and Implementation Development ReviewKey Objective: Better Customer Service through Improved Cost Recovery Staff Proposal•Primarily employing a Combination Model(Review Deposit and Standard Fee) at 50% cost recovery. •Eliminating or reducing some coststo reflect actual department expenditure and community input. •Amending collection proceduresto accurately track time spent. •Charging applicants at-cost for floodplain development permits. Project Implementation Process•Customer guides and organic outreach to applicant base.•Interdepartmental or other cost effective software and/or internet-based systemto implement time tracking and invoicing.•Interdepartmental coordination with the Finance department.•Annual review focusing on analysis and necessary changes or updates.•June 1recommended effective date. Board Options1. ApproveResolution #04-16, as recommended by Staff. 2. ApproveResolution #04-16 with the following changes/conditions (list). 3. DenyResolution #04-16.4.Continue the hearingto allow for further study. Building Permit ReviewKey Objective: More Equitable Fee Collection Staff Proposal•Employing actual construction costs to evaluate valuations for all projects, including new construction. •Reducing plan review feesto reflect actual department expenditure.•Amending collection proceduresto improve cost recovery. •Incentivizing complete submittals. •Adding a fee for vacation home rental inspection (Dwelling Life Safety Survey). Project Implementation Process•Customer guides and organic outreach to applicant base.•Ongoing refinementof actual construction costs based on real data. •Audit training for division staff with Larimer County. •May 1 effective date (concurrent with Local Amendments) Board of Appeals RecommendationOn January 14, 2016, the Board of Appeals voted unanimously to recommend approval of the staff proposal. Board Options: Fee Schedules1. ApproveOrdinance #03-16, as recommended by Staff. 2. ApproveOrdinance #03-16 with the following changes/conditions (list). 3. DenyOrdinance #03-16. 4. Continue the hearingto allow for further study. Board Options: Valuation Method1. Approvea motion to include a revision to Section 109.3, Building Permit Valuations, in the International Building Code local amendments.2. Approvea motion to include a revision to Section 109.3, Building Permit Valuations, in the International Building Code local amendments with the following changes/conditions (list). 3. Denya motion to include a revision to Section 109.3, Building Permit Valuations, in the International Building Code local amendments. 4. Continue the hearingto allow for further study. Transportation Advisory Board Interview Committee Appointments Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 5, 2016 RE: Interview Committee for the Transportation Advisory Board Objective: To appoint Town Board members to the interview committee for the three positions open on the Transportation Advisory Board. Present Situation: The Transportation Advisory Board is currently made up of nine volunteer community members. The Board will have three positions expiring on March 31, 2016 currently held by Bryon Holmes, Tom Widawski and Amy Hamrick. Administrative Services has posted the positions and will continue to receive applications through February 15, 2016. The intent is to hold interviews during the week of February 22nd for appointment at the first meeting in March. Proposal: 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, Mayor Pinkham has requested the Board discuss the appointments at the Study Session prior to the Town Board and bring forward a recommendation to the Board meeting for approval. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview panel for the Transportation Advisory Board openings. Trustees interested in serving would be identified at the Study Session and recommended for Board approval at the Town Board meeting. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview panel.