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HomeMy WebLinkAboutPACKET Town Board 2015-10-27The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 27, 2015 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION: National Philanthropy Day. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Policy Governance 3.3 Update. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 13, 2015 and Town Board Study Session Minutes dated October 13, 2015. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities & Public Works Committee, October 8, 2015. 1. Light and Power Building Remodel Contract - B&E Builders, Inc., $159,524.55 – Budgeted. 4. Transportation Advisory Board Minutes dated September 17, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated September 18, 2015 (acknowledgement only). 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. SMALL BUSINESS RECOVERY FUND FINAL REPORT. Gordon Thibedeau. Prepared 10/18/15 * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. LIQUOR ITEMS: 1. RENEWAL LICENSE – MURPHY'S RESORT AT ESTES PARK, LLC DBA MURPHY'S RESORT, 1650 BIG THOMPSON AVENUE, ESTES PARK, CO, BEER & WINE LIQUOR LICENSE. Town Clerk Williamson. 2. RENEWAL LICENSE – BOWL FORT COLLINS LLC DBA CHIPPERS LANES ESTES PARK CENTER, 555 S. ST. VRAIN AVENUE TAVERN LIQUOR LICENSE. Town Clerk Williamson. 3. RENEWAL LICENSE – CABLES ESTES, LLC, DBA CABLES PUB & GRILL, 451 S. ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. 4. TRANSFER OF OWNERSHIP – FROM STANLEY VILLAGE SHOPPING CENTER, LLC TO VILLAGE WOOD FIRED PIZZA LLC, DBA THE VILLAGE, 543 BIG THOMPSON AVENUE, BEER & WINE LIQUOR LICENSE. Town Clerk Williamson. 4. ACTION ITEMS: 1. PUBLIC HEARING – GRANT CLOSE OUT FOR FISH CREEK UTILITIES, WINDCLIFF UTILITIES, AND FISH CREEK RESILIENCY PLAN CDBG-DR GRANTS. Directors Bergsten & Chilcott. 2. ORDINANCE #15-15 EXTENDING INTERIM FLOODPLAIN REGULATIONS. Chief Building Official Birchfield & Planner Kurtz. 3. MEMORANDUM OF UNDERSTANDING WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR THE COMMUNITY CENTER. Assistant Town Administrator Machalek. 4. TRANSPORTATION ADVISORY BOARD INTERVIEW PANEL SELECTION. Town Clerk Williamson. 5. DOWNTOWN PLAN STEERING COMMITTEE INTERVIEW PANEL SELECTION. Town Clerk Williamson. 5. ADJOURN. TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: October 13th, 2015 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.3) Board Policy 2.3 designates specific reporting requirements for me to provide information to the Board. Policy 3.3, Financial Planning and Budgeting requires quarterly reporting of compliance in April, July, October and January. Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. ________________________ Frank Lancaster Town Administrator 3.3.1. The Town Administrator shall not allow budgeting which Deviates from statutory requirements. REPORT: The current budget and any proposed budget revisions have all been prepared in compliance with applicable statutory requirements. I am therefore reporting compliance. 3.3.2. The Town Administrator shall not allow budgeting which Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. REPORT: The current budget and any proposed budget revisions have all been prepared in following the Board stated priorities expressed during the budget adoption process. I am therefore reporting compliance. 3.3.3. The Town Administrator shall not allow budgeting which contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. REPORT: The current budget was prepared with adequate information as requested by the Board of Trustees. I am therefore reporting compliance. 3.3.4. The Town Administrator shall not allow budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. REPORT: The current adopted and proposed revised 2015 budget does plan for any expenditures of funds greater than are projected to be received that have not been previously approved by the Board. I am therefore reporting compliance. 3.3.5. The Town Administrator shall not allow budgeting which reduces fund balances or reserves in any fund to a level below that established by the Board of Trustees. REPORT All Town funds, other than the General Fund, which are subject to this provision are within the Board determined limits. The fund balance in the General fund is anticipated to fall below the 25% level set by the board due to use of the fund for emergency flood recovery expenditures. I have kept the Board informed of the status of the fund balance and the use of funds for flood recovery and this drop in fund balance is not unanticipated. I am therefore reporting conditional compliance. 3.3.6. The Town Administrator shall not allow budgeting which Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. REPORT: The current budget includes appropriate contingency funding. I am therefore reporting compliance. 3.3.7. The Town Administrator shall not allow budgeting which fails to provide for an annual audit. REPORT: The 2014 audit has been completed and presented to the board. I am therefore reporting compliance. 3.3.8. The Town Administrator shall not allow budgeting which fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. REPORT: Nothing in the current budget as adopted fails to protect the integrity of the current or future bond ratings of the Town. I am therefore reporting compliance. 3.3.9. The Town Administrator shall not allow budgeting which results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. REPORT: No new positions or additions to the staffing document have been added without specific approval of the Board of Trustees other than temporary positions or those grant positions that are 100% grant funded, as allowed by adopted policy. I am therefore reporting compliance. 3.8.1. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not change his or her own compensation and benefits. REPORT: I have not changed my own compensation or benefits. I am therefore reporting compliance. Town of Estes Park, Larimer County, Colorado, October 13, 2015 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 13th day of October 2015. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Also Present: Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Frank Lancaster, Town Administrator Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PRESENTATION: Keri Kelly/Park Maintenance and Brian Berg/Parks Supervisor attended the America In Bloom Symposium and Community in Bloom Symposium, an international competition. The Town competed in the Circle of Champions and received “Outstanding Achievement in Landscaping”. The Town improved its rating from 4 blooms to 5 out of 5 blooms. The Town also received a 5 bloom rating at the international competition and was a finalist in the landscaping category out of 29 other countries. PUBLIC COMMENTS. Elizabeth Fogarty/CEO & President of Visit Estes Park informed the community the Estes Park Arts District continues to accept applications for Board members. Charley Dickey/Town citizen encouraged citizens to donate candy for the merchants to hand out during the annual Halloween trick-or-treating downtown. The fall sidewalk sale was a successful event. He requested the Town include changes to the event to allow it to take place through 9:00 p.m. and to allow sandwich boards. Rebecca Urquhart/Town citizen stated the Town should place a temporary cap on the number of vacation homes to be licensed in Estes Park. TRUSTEE COMMENTS. Trustee Norris recognized Estes Valley Investment in Early Childhood Success (EVICS) for receiving a grant to train two new bilingual home daycare providers. He thanked everyone supporting the vote for the Estes Valley Recreation and Park District Community Center. The Town’s new pothole patching truck has filled over 1809 potholes to date. The Town Board would discuss the 2016 Visit Estes Park (Local Marketing District) Operating Plan at the October 27th Study Session. Mayor Pro Tem Koenig complimented Keri Kelly/Park Maintenance for her efforts with the America In Bloom program. Sister Cities would meet on October 14th and all are invited to attend. The Rooftop Rodeo has been nominated for medium sized rodeo for 2015. Trustee Phipps stated the Estes Valley Planning Commission October meeting has been cancelled. Board of Trustees – October 13, 2015 – Page 2 Trustee Ericson commented the Transportation Advisory Board would meet October 21st. The Community Development/Community Services meeting would be held on October 22nd. The next Budget Study Session would be held on October 16th. Mayor Pinkham stated the nonprofit organization Go NoCo, on behalf of the governments of Loveland, Windsor and Estes Park and Larimer County and private partners, has submitted its final Regional Tourism Act application to the Colorado Office of Economic Development and International Trade. The project would include a 500- seat auditorium, classrooms, digital audio and film mixing studios, a sound stage, film discovery center and archive. The Town would know if the project was accepted in November. TOWN ADMINISTRATOR REPORT. Policy 3.3 would be delayed to the October 27, 2015 meeting. Finance Officer McFarland reminded the Board and the community of the second budget study session meeting on October 16th. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 22, 2015 and Town Board Study Session Minutes dated September 22, 2015. 2. Bills. 3. Committee Minutes: A. Community Development & Community Services Committee, September 24, 2015. 4. Estes Park Board of Appeals Minutes dated September 3, 2015 (acknowledgement only). 5. Audit Committee Minutes dated September 25, 2015 (acknowledgement only). 6. Purchase a 2015 Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC for $47,260. 7. 2015 Street Overlay Contract Award to Coleson Excavating Company, Inc. for $206,448.97. 8. 2015 Pavement Condition Assessment Contract Award to Borstead Consulting Services LLC for $30,000. 9. Low-Income Energy Assistance Program (LEAP) Metered Fuel Vendor Agreement. 10. Park R-3 School District School Resource Officer (SRO) Agreement for 2015- 2018 School Years. 11. Estes Park Housing Authority Board Appointments. It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – FROM LOCAL'S GRILL, INC. DBA LOCAL’S GRILL TO ELK EXPRESS, INC. DBA LOCAL'S GRILL, 153 E. ELKHORN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current Hotel and Restaurant liquor license. All required paperwork and fees were submitted and Board of Trustees – October 13, 2015 – Page 3 a temporary was issued on September 10, 2015. TIPS training has not been scheduled. It was moved and seconded (Koenig/Ericson) to approve the transfer from Local's Grill, Inc. dba Local’s Grill to Elk Express, Inc. dba Local's Grill, 153 E. Elkhorn Avenue, Hotel & Restaurant Liquor License, and it passed unanimously. 3. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ESTES VALLEY COMMUNITY CENTER BALLOT ISSUE 4C AND 4D. David Batey provided an overview of the proposed Community Center, programming, costs, and alternative funding options. The multi-generational facility would include programming for all ages, including a Senior Center, daycare facilities, indoor track, gym, library, multi-use facilities, expanded pool facilities, fitness center, meeting rooms for social, educational and cultural events, and indoor gardening. Ballot Issues 4C and 4D to build and operate the center would cost approximately $153.12 per year for a $400,000 residential property and $509.06 for a commercial property. The Community Center fee schedule would be consistent with other Colorado communities with no charge to use the main lobby, library, senior services, reduced fees for lower income families, and reduced fees for students and seniors. The 1A sales tax funding would provided approximately $5 million in funding over 10 years and would reduce the initial bond amount and pay off the bond early saving taxpayers money. The center would have a number of positive impacts on the community’s health, wellness, quality of life, local economy and property values. 2. PLATTE RIVER RESOURCE MANAGEMENT PLANNING. Jackie Sargent/ Platte River Power Authority (PRPA) General Manager provide the Town Board with an overview of the organizations resource planning while providing a balance between competitive price, reliability, environmental responsibility and safety. PRPA has existing wholesale power generation resources that include coal, hydropower, gas, and wind. A new solar resource would be on line late summer 2016 and would generate up to 30MWh or power approximately 8,000 homes at a third of the cost of rooftop solar. The State of Colorado has developed a statewide implementation plan to meet the new EPA rules for the Clean Power Plan. The plan would reduce carbon dioxide by approximately 25% to 40% in 2030. The current energy mix contains 75% coal, high in carbon dioxide emissions; therefore, the PRPA Board has reviewed a number of options to reduce the use of coal and increase the use of renewable resources, including solar and wind generation. Wholesale power costs would increase significantly over the next 20 years to address the Clean Power Plan from $50/MWh in 2015 to $150/MWh in 2035. PRPA has the lowest wholesale rate in the area for the past 10 years; however, the cost would rise faster than others due to the high coal energy profile. 4. ACTION ITEMS: 1. SINGLE AUDIT. Finance Officer McFarland stated the Town completed the annual Comprehensive Annual Financial Report and submitted the report to the appropriate authorities. The Town was required to complete a single audit because the Town expended more than $500,000 in federal grant funds. The audit was presented by Paul Niedermuller/CliftonLarsenAllen for the Board’s review. It was moved and seconded (Ericson/Nelson) to approve the 2014 Single Audit, and it passed unanimously. 2. DOWNTOWN NEIGHBORHOOD PLAN CONSULTANT SELECTION. Planner Kleisler requested the Board authorize staff to execute a contract with Logan Simpson for the preparation of the Estes Park Downtown Plan to be funded by a $190,000 grant awarded through the Colorado Department of Local Affairs, State Energy and Mineral Assistance fund. A formal Request for Proposals was issued in late July and a selection committee was formed to review the proposals and provide a recommendation to the Board. The Board of Trustees – October 13, 2015 – Page 4 committee reviewed eight (8) proposals and conducted extensive reference checks on two finalist. Paul Brown/selection committee member stated the top two ranked proposals went through a thorough reference check. Logan Simpson was chosen as it offers a community based approach and has provided similar services with other resort communities. The company has partnered with Basis Architect, a local business. After further discussion, it was moved and seconded (Nelson/Holcomb) to authorize the Town to execute a Professional Services Contract with Logan Simpson for the preparation of the Downtown Plan for the price not to exceed 190,000, and it passed unanimously. 3. RESOLUTION #16-15 FORMATION OF DOWNTOWN NEIGHBORHOOD COMMITTEE & BYLAWS. Planner Kleisler presented Resolution #16-15 establishing the Estes Park Downtown Plan Steering Committee. The committee would provide overall guidance to the planning process for the Downtown Plan and ensure ample public participation in the development of the plan. The members of the committee would be residents of the Estes Valley Development Code boundary. The committee would have 15 members with 11 appointed by the Town Board and 4 members selected by staff and the consulting team to ensure all sectors of the community are adequately represented. It was moved and seconded (Norris/Koenig) to approve Resolution #16-15, and the Downtown Selection Committee bylaws, and it passed unanimously. 4. SCOTT PONDS NATURAL AREA DAMS MODIFICATION CONSTRUCTION CONTRACT AWARD AND CONSTRUCTION MANAGEMENT CONTRACT AWARD. Engineering Manager Ash commented a Request for Bid was advertised to construct a jurisdictional dam for the Upper Carriage Hills pond and construct a non-jurisdictional dam for the Lower Carriage Hills pond, which were damaged during the 2013 flood and maintenance of the dams was mandated by the State Dam Inspection Office. Two bids were submitted by Kelley Trucking, Golden, CO and Dietzler Construction, Berthoud, CO and were within 4% of each other; however, both bids exceed the current funding available. Town staff and its consultant coordinated the bid evaluation with the State Engineer’s Office and recommend Kelley Trucking as the Scott Ponds Natural Area Dam construction company. Staff recommends allocating $780,000 for construction and $70,000 for construction management services. Construction Management services were included with the original design consultant bids, but not contracted. The funding available would be adequate to restore the Upper Carriage Hills pond and regrade the lower dam to safely convey storm runoff with a completion date of March 31, 2016. Joel Holtzman/Town citizen thanked staff for their efforts and he would request the Town approve the contract. He would like the Board to search for additional funds to complete the repairs of the east dam. Kent Pridey/Town citizen stated as a neighboring property they have enjoyed the ponds and found them to add to the quality of life. Mary Born/County citizen thanked staff for their professionalism. She offered to help provide labor for items such as weed removal that would not be covered by the grant. It was moved and seconded (Koenig/Norris) to approve of a construction contract for the Scott Ponds Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills Dam #2 rehabilitation, to Kelley Trucking, for a project cost not to exceed $780,000, and it passed unanimously. Board of Trustees – October 13, 2015 – Page 5 It was moved and seconded (Koenig/Norris) to approve construction management services contract for the Scott Ponds Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills Dam #2 rehabilitation, to Cornerstone Engineering, for a project cost not to exceed $70,000, and it passed unanimously. 5. HABITAT FOR HUMANITY WATER TAP FEE WAIVER – 821 KUNDTZ LANE. Mark Wandas/President stated Habitat for Humanity would build its 14th home in Estes Park in the Kundtz Lane. The building permit has been prepared including $11,308 for a water tap, $1,441.75 for the building permit, and $937.14 for the plan review fees. He stated the cost of building affordable housing has increased and in order to make the houses affordable 35 year mortgages are being written. Habitat requested the Town waive the fees associated with the building permit to make the homes affordable. It was moved and seconded (Norris/Phipps) to approve the fee waiver for Habitat for Humanity’s water tap fee, permit fee and plan review fee for the third home on Kuntz in the amount of $13,687, and it passed unanimously. 6. SPRAY PATCHER AGGREGATE TENT MATERIALS AND INSTALLATION CONTRACT AWARD. Facilities Manager Landkamer presented a proposal to install an aggregate tent in the Elm Road yard to protect the aggregate used by the pothole patcher from snow, cold and soil contamination, allowing it to fill potholes during warmer winter days. The project was advertised in the local paper and Town website and received two bids from Cover Solutions Grand Junction Natural Light Fabric Structures for $63,610 and Accu-Steel Iowa Accu- Steel for $47,596. The project would require the purchase of concrete barrier foundations from Colorado Precast at a cost of $10,800 and miscellaneous items and lighting for $3,600. Staff recommends the low bid from Accu-Steel for a total project cost of $61,996. It was moved and seconded (Norris/Holcomb) to approve a contract with Accu-Steel in the amount of $47,596 for the Aggregate Storage Building and additional costs for a total cost of $62,000, and it passed unanimously. 7. ORDINANCE #14-15 MORATORIUM ON THE ESTABLISHMENT OF NEW VACATION HOMES. It was moved and seconded (Koenig/Ericson) to table Ordinance #14-15 indefinitely, and it passed with Trustee Phipps voting “No”. Whereupon Mayor Pinkham adjourned the meeting at 9:40 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, October 13, 2015 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 13th day of October, 2015. 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: Finance Officer McFarland, Assistant Town Administrator Machalek, Director Muhonen, Attorney White, Deputy Town Clerk Deats Absent: Town Administrator Lancaster Mayor Pinkham called the meeting to order at 5:00 p.m. STAFF UPDATE ON TOWN’S REQUEST TO CENTRAL FEDERAL LANDS. Director Muhonen provided the Board with an update on the Town’s request to Central Federal Lands Highway Division (CFLHD) to include the construction of a downtown parking garage in its Environmental Assessment (EA) and consider construction of the parking structure as a Phase One improvement alternate to the downtown loop. The parking structure had previously been identified as a Phase Two improvement. In response to this request, CFLHD agreed to include the parking structure in the EA, however, traffic analysis data collected related to improving access to Rocky Mountain National Park (RMNP) indicates that the structure would likely not be selected as the preferred project because it does not provide a significant benefit over the original one- way couplet proposal. Based on data collected, the one-way couplet is more effective in improving access to RMNP. Director Muhonen reported that as design options, and hydraulics and hydrology components for the one-way couplet are explored, it appears the project budget of $17.2 million is inadequate to address the raising of three downtown bridges above the 100 year floodplain. He noted that the one-way couplet project would include replacing the Ivy Street bridge, however, elevating the Rockwell and Riverside bridges and associated channel improvements may be proposed and considered in the future, as Part Two to the one-way couplet. He reported that the EA will include hydraulic and hydrology analysis downstream to the bridge at Highway 36 and noted that this will provide valuable information if, and when, the Town seeks future funding sources for improvements downstream. Director Muhonen said that as a result of the added scope of the hydraulic and hydrology studies, and the addition of the parking garage as an alternate project, the delivery of the EA will be postponed until late winter or early spring of 2016. He said that the members of the project’s Technical Advisory Committee are committed to supporting and moving forward with the one-way couplet as submitted on the original application. Mayor Pro Tem Koenig said the information that was previously provided by the Colorado Department of Transportation (CDOT) regarding bridge heights, replacement, and channel improvements has changed. She expressed concerns about inconsistent messages that have been told to the Board and relayed to the public. Director Muhonen acknowledged that previous information addressed channel improvements and bridge work beginning downstream and working upstream and included the Ivy Street, Rockwell and Riverside bridges. He said that in addition to CDOT, various state agencies are weighing in on this project, and stated that none of the bridges are unsafe and that bridge replacement is directly related to capacity. Town Board Study Session – October 13, 2015 – Page 2 The Board’s discussion is summarized: tentative approval has been received to replace the Moraine Avenue bridge which is an upstream bridge and conflicts with previous information; raising the elevation of bridges also means raising the elevation of roads which will affect more properties and involve property acquisitions; construction of the one-way couplet (Part One) is a transportation project and is not designed to solve floodplain issues; funding is in place for Part One, the one-way couplet; if the Town completes the one-way couplet, is there an obligation to complete channel improvements and replace the Rockwell and Riverside bridges in the future as a Part Two to the one-way couplet?; don’t want to evoke a domino effect; there is no obligation to move forward with Part Two, and timing and funding are unknown; the Board requests a new agreement, or an amendment to the existing agreement to document that the Town is not obligated to act on Part Two; and clarification is needed related to requirements, priorities and jurisdictional issues involved with this project. PROCESS FOR INTERVIEWING BOARD & COMMISSION APPOINTMENTS. Mayor Pinkham reviewed the process currently utilized when interviewing applicants for Town volunteer boards and commissions. He said that as a public entity, the Town is accountable to its constituents, and subject to applicable state laws, to ensure that applicants are treated equitably and consistently throughout the interview process. He stressed the importance of preparing in advance for the interview; asking questions that are appropriate and specific to the position; posing the same questions to each interviewee; staying on topic during the interview; practicing fairness and objectivity; utilizing a numeric system to rate the candidates; and scheduling time between interviews for discussion among the interview panel. He suggested that once all interviews are complete, a document summarizing the ratings for each interviewee be created to be used to compare the candidates. This document would be maintained by Human Resources (HR) and used by staff in the event inquiries about the appointment process were received. He also suggested reviewing the interview questions with HR staff well in advance of the interview so that if changes are required, they can be made and distributed to all interviewers in a timely manner. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. The Board discussed rearranging the order of items on the agenda for the Town Board meeting. The Platte River Power Authority presentation was moved to the first item under 3. Report and Discussion Items (Outside Entities). The Board discussed the removal of Action Item #7 – Ordinance #14-15 Moratorium on the Establishment of New Vacation Homes from the agenda. The ordinance would remain on the agenda and be discussed at the beginning of the Town Board meeting. Trustee Nelson asked for an update related to the Broadband Initiative and research regarding feasible take rates for broadband service. In Town Administrator Lancaster’s absence, PIO Rusch reported that this topic is on the Town Administrator’s “front burner” and a topic that will be addressed during the report and presentation to be given by the Avalanche Consulting at an upcoming study session. FUTURE STUDY SESSION AGENDA ITEMS.  The Special Study Session with Avalanche Consulting will be held on November 2, 2015.  Discussion of Noise Ordinance will be moved to early 2016.  Follow Up on Broadband Issues will be scheduled for November 10, 2015, in place of the Noise Ordinance discussion. The Board will work with staff to schedule the Fish Hatchery Property Discussion and Update on Construction Schedules for Major Projects through 2020. There being no further business, Mayor Pinkham adjourned the meeting at 6:35 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, October 8, 2015 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Board Room of Town Hall in said Town of Estes Park on the 8th day of October, 2015. Committee: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson Attending: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson Also Attending: Town Administrator Lancaster, Chief Kufeld, Director Bergsten and Muhonen, Superintendent Lockhart, Managers Ash, McEachern and Landkamer, Engineer Stallworth and Recording Secretary Limmiatis Absent: None Chair Norris called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. PUBLIC SAFETY. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates and Committee Questions – Chief Kufeld updated the Committee on the interview process taking place for the open Communications Manager positon and the four Police Officer vacancies. He thanked the Committee for the approval of Police Officer pay scale adjustments and stated the quality and quantity of applicants has improved. The Police Department noticed an increase in wildlife resistant trash containers since the passing of the Wildlife Ordinance and anticipates minimal enforcement would be needed after April 1, 2016. UTILITIES. LIGHT & POWER SHOP REMODEL CONTRACT AWARD. Superintendent Lockhart requested approval of the contract with B&E Builders, Inc. to complete the remodel of the Light & Power shop to include a functional area for staff to complete administrative duties and storage lockers. The contract came in under budget at a cost of $159,524.55. The Committee recommended approval of the contract with B&E Builders, Inc. be included on the Consent Agenda at the October 27, 2015 Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates and Committee Questions – Superintendent Lockhart informed the Committee the Platte River Power Authority contracted with Larimer County, the Forrest Service and American Civil to install conduit along County Road 43 and the Town has been invited to add conduit as well. This would save costs, time and provide redundancy for Platte River Power Authority. Director Bergsten updated the Committee on the conversations taking place with the smaller water systems within the community. Staff met with the Hondius users group to explain the business structure, costs and procedure of transitioning the takeover of the water system. Bergsten explained the purpose of tap fees and funding options being investigated to help the smaller water systems pay for necessary upgrades. Public Safety/Utilities/Public Works Committee – October 8, 2015 – Page 2 PUBLIC WORKS. SCOTT PONDS NATURAL AREA DAMS MODIFICATION CONTRACT AWARD. Manager Ash provided an update on the rehabilitation of Scott Ponds. Two bids were received to complete the modification project mandated by the State and the lower bid by Kelly Trucking was selected although it well over budget. Staff reexamined the scope of work with the contractor and the State and was able to submit plans that meet State requirements for the upper pond. The lower pond remains an issue as funding has not been secured to install a functional dam. The Committee suggested issuing a press release to inform residents of the current situation and continue to investigate future funding sources to complete the lower dam. The Committee recommended approval of the contracts with Kelly Trucking for construction services not to exceed $780,000 and Cornerstone Engineering for project management services not to exceed $70,000 be included as Action Items at the October 13, 2015 Town Board meeting. SPRAY PATCHER AGGREGATE TENT MATERIALS AND INSTALLATION CONTRACT AWARD. Manager Landkamer presented the need for covered storage of the aggregate material used by the Spray Patcher so the equipment can continue to be utilized during the winter months. The aggregate material continues to be stored in the salt/sand storage building, but would need to be moved soon to make room for the salt/sand necessary for the snow season. Two bids were received to construct the Aggregate Storage Building and Landkamer recommended accepting the low bid of $47,596 from Accusteel along with completing some work in house bringing the total to $62,000. The Committee recommended approval of the construction contract with Accusteel be included as an Action Item at the October 13, 2015 Town Board meeting. CULVERT JET TRAILER REPLACEMENT. Manager McEachern informed the Committee of the need to replace the culvert jet trailer as it no longer performs to expectations. The current piece of equipment was purchased used in 2009 and repairs are becoming ineffective. Quotes were received from three vendors and staff recommends purchasing a new Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC. The Committee recommended approval of the purchase of the 2015 Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC for a cost of $47,260 be included on the Consent Agenda at the October 13, 2015 Town Board meeting. 2015 STREET OVERLAY CONTRACT AWARD. Manager McEachern presented the contract to repair Scott Avenue and Stanley Avenue and to construct an asphalt pad for the new Aggregate Storage Building. Coulson Excavating Co., Inc. honored the Larimer County 2015 bid procurement prices for hot mix asphalt. Through a partnership with Larimer County the Town would be able to repair two low rated streets and lay the asphalt pad at a lower cost than bidding the work out to the open market. The Committee recommended approval of the 2015 Street Overlay Contract award in the amount of $206,448.97 to Coulson Excavating Co., Inc. be included on the Consent Agenda at the October 13, 2015 Town Board meeting. 2015 PAVEMENT CONDITION ASSESSMENT CONTRACT AWARD. Engineer Stallworth discussed the need for updated pavement management software to input street condition data, run analysis and make educated decisions for the maintenance to be performed to meet the street improvement goals set by the Town. Paver is the software currently used and staff decided to stay with this software. To get the best available data on current street conditions, staff recommended hiring Borstad Consulting Services, LLC to complete the Pavement Condition Assessment for a cost not to exceed $30,000. The data collected would build a successful Pavement Management Program. The Committee recommended approval of the 2015 Pavement Condition Assessment Contract award to Borstad Consulting Public Safety/Utilities/Public Works Committee – October 8, 2015 – Page 3 Services, LLC be included on the Consent Agenda at the October 13, 2015 Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates and Committee Questions – Director Muhonen provided updates on the spray patcher, the Transit Hub Parking Facility, the Elm Road drainage project, and the status of Fish Creek Road. There being no further business, Chair Norris adjourned the meeting at 9:21 a.m. Barbara Jo Limmiatis, Recording Secretary Town of Estes Park, Larimer County, Colorado, September 16th, 2015 Minutes of a Regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town Hall, in said Town of Estes Park on the 16th day of September, 2015. Present: Kimberly Campbell Gregg Rounds Stan Black Thom Widawski Amy Hamrick Belle Morris Also Present: Greg Muhonen, Director of Public Works John Ericson, Town Board Liaison Kevin Ash, Town Engineer Jen Imber, Public Works Administrative Assistant Absent: Bryon Holmes Ann Finley Vacancy Chair Campbell called the meeting to order at 12:03 p.m. GENERAL DISCUSSION No public was in attendance, so public comment was not heard. The vacant TAB position is being advertised by Human Resources; currently no applications have been received. Trustee Ericson encouraged the board to seek out potential candidates and persuade them to apply. Chair Campbell asked for nominations for the Co-chair position left vacant by Cory Labianca’s departure. It was moved and seconded (Rounds/Hamrick) to nominate Belle Morris as Co-chair, with all voting in favor. Minutes from the July 15th and August 19th meeting were reviewed by members. It was moved and seconded (Hamrick/Rounds) to approve all aforementioned minutes with a minor amendment, with the motion passing unanimously. On behalf of Ann Finley, who was absent from the meeting, Amy Hamerick passed along a website, www.vtpi.org, which contains very interesting and valuable information Transportation Advisory Board – September 16th, 2015 – Page 2 about downtown parking concepts and solutions. TAB members were encouraged to check out the site in their free time. No shuttle committee update was provided. STAFF UPDATES ON TOWN PROJECTS A downtown parking structure was asked to be included as a third option in the EA for the Loop project. Key assumptions were analyzed and it was determined the alternative would not alleviate intersection traffic as effectively as the one-way couplet. The alternative will not be supported by CDOT & CFL. The official response regarding the request is anticipated to be received in mid-September. The EA will move forward with the replacement of the Ivy Street bridge sufficient to sustain a 100 year flood, with the future option of being renovated or expanded when other bridges are replaced. The Town received the draft EA regarding the parking structure from the Bureau of Reclamation. The Town cannot advance to formal design until the EA is complete, including a 30 day public comment period. The FTA will then consider authorizing the move to final design stage. A preliminary design meeting will take place with CDOT this week. Civil Engineer Ash reported that a new pavement manager was hired and started this month. Kelly Stallworth will be responsible for projects funded by 1A money. Public Works made a presentation on the Fall River Trail Extension to the Town Board at the Study Session on August 25th. The Town Board directed staff to move forward with final design using the Fish Hatchery alignment of the trail. Final design is scheduled to be completed by May 2016, which gives the Town time to find additional grant money to fund construction. A new bid package is being put in place for the Dry Gulch Road Rehab project, focusing on the Sombrero area and trail this fall, with paving to begin in May or June of 2016. Staff is hoping to advertise for bids very soon. DOWNTOWN PARKING STRATEGY Chair Campbell provided a proposed parking strategy framework for discussion. The board discussed prioritizing the key points of the strategy. The key points were also revised and reworded to fine-tune the strategy content. Chair Campbell will use these key points to flesh out the parking policy and is hoping to present a draft for discussion Transportation Advisory Board – September 16th, 2015 – Page 3 and vote at the October meeting. Her goal is to send out one or two sections each week for review by TAB members. With no other business to discuss, the meeting was adjourned at 1:15 p.m. Town of Estes Park, Larimer County, Colorado, September 18th, 2015 Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Rooms 202 & 203, in said Town of Estes Park on the 18th day of September, 2015. Present: Merle Moore Celine Lebeau Dewain Lockwood Terry Rustin Ronna Boles Also Present: Greg Muhonen, Director of Public Works Bob Holcomb, Trustee Liaison Kevin McEachern, Public Works Operations Manager Brian Berg, Parks Division Supervisor Tonya Ziegler, Parks Maintenance Worker Jen Imber, Public Works Administrative Assistant Absent: Two Board Vacancies Chair Lebeau called the meeting to order at 11:04 a.m. GENERAL BUSINESS It was moved and seconded (Moore/Lockwood) to approve the August 21st meeting minutes and the motion passed unanimously. Tonya Ziegler presented an idea for the Riverwalk pedestrian tunnel under Hwy 36 near the Visitor Center. The artwork surrounding the tunnel works well, but the tunnel itself remains dark and dank. A laser light product was proposed that would be bolted onto the concrete and shine onto the opposite wall. The lights would create a slow-moving and colorful lighting effect that would work well with the interactive nature of the ongoing musical instrument installations along the Riverwalk. Concerns were expressed by PAB members about the nature of the technology as well as the safety issue of reducing the bright lights inside the tunnel. The lights could be programmed to project during the day and early evening to light up the dark tunnel, with brighter lights programmed to switch on at night for safety. Vandalism of the lights was also a concern. It was suggested to contact CDOT regarding this project to find out if they would give it a green light. PAB found the idea interesting and unique and encouraged Parks to move forward to see if the project is possible and practical to implement. Parks Advisory Board – September 18th, 2015 – Page 2 Brian Berg reported the Noontime Rotary Club, who was the original donor of the green apple sculpture in front of the Library, would like to add a plaque to the sculpture giving a history of the piece and its artist. They would like to appear before PAB at the October meeting and justify this new addition to the sculpture. REVISIONS TO AIPP POLICIES Changes were made regarding the insurance portion of the Artwork Loan Agreement form as approved at the last meeting. Brian Berg spoke with the Museum regarding items they receive on loan and how insurance is applied to these pieces. Additional insurance on such pieces is so minimal the cost is generally absorbed by the Town. Documenting and photographing a loaned piece is key to making sure the item is returned to its owner in the condition it was received by the Town. Merle Moor is working with Terry Rustin and Jen Imber to produce a tri-fold pamphlet advertising the AIPP program. Discussion was held on the format of documents in editable pdf form. Given the limited space allocated to form fields, the board suggested adding an “other” box to provide room for extra text, if needed. With no other business to discussed, a motion was made and seconded (Lebeau/Boles) to adjourn the meeting at 11:54 am, with all voting in favor. TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 22, 2015 RE: Renewal License – Murphy’s Resort at Estes Park, LLC dba Murphy’s Resort, 1650 Big Thompson Avenue, Beer and Wine Liquor License Objective: Discussion of a liquor law violation that occurred at Murphy’s Resort on September 14, 2015. Present Situation: On September 14, 2015, an alcohol sales compliance check was conducted by the State’s Liquor Enforcement Division and the Town of Estes Park Police Department. During this compliance check, an employee of Murphy’s Resort sold/served an alcohol beverage to an underage person. Even though identification was requested and presented to the employee, the employee proceeded to serve the underage customer. The Beer and Wine Liquor License held by Murphy’s Resort at Estes Park, LLC was originally issued in November 2014. There have been no previous violations at this establishment. The licensee has provided the Town Clerk with a copy of the establishment’s alcohol sales policy as well as a listing of permanent employees, all of whom have received TIPS training and are TIPS certified. The Liquor Enforcement Division of the Colorado Department of Revenue will be handling the administrative process related to this violation. The penalty for this type of violation, which is a first offense, may include a written warning, up to a 15-day suspension, or entering into a stipulation and agreement allowing for the payment of a fine in lieu of an actual suspension with a portion of the suspension time held in abeyance for a period of time, typically one year from the date of the agreement. If further violations occur within a year of the date of the agreement, the licensee will serve all or any days of the suspension held in abeyance. All necessary paperwork and fees have been submitted for the renewal. Proposal: The LED is administering the violation, therefore, no administrative action will be taken by the Town. Advantages: Approval of the liquor license renewal would allow the licensee to continue operating the liquor-licensed establishment. The State will determine the penalty to be imposed for the violation and ensure that the penalty is served. Disadvantages: To deny the renewal of the liquor license would disrupt the alcohol service to patrons of the liquor-licensed establishment. Action Recommended: Receive direction from the Town Board related to the renewal of the Beer and Wine liquor license held by Murphy’s Resort at Estes Park, LLC dba Murphy’s Resort. The Board has the option to move to approve or deny the renewal of the license. Budget: The annual renewal fee paid to the Town of Estes Park for a Beer and Wine liquor license is $662. Level of Public Interest Medium to High – Serving alcohol to minors and non-compliance with Colorado State Liquor Laws are concerns for the community. Sample Motion: I move to approve/deny the renewal of the Beer and Wine Liquor License held by Murphy’s Resort at Estes Park, LLC dba Murphy’s Resort. TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 22, 2015 RE: Renewal License – Bowl Fort Collins, LLC dba Chippers Lanes Estes Park Center, 555 S. St. Vrain Avenue, Tavern Liquor License Objective: Discussion of a liquor law violation that occurred at Chippers Lanes Estes Park Center on August 24, 2015. Present Situation: On August 24, 2015, an alcohol sales compliance check was conducted by the State’s Liquor Enforcement Division. During this compliance check, an employee of Chippers Lanes sold/served an alcohol beverage to an underage person. The employee failed to request identification from the individual and proceeded to serve the underage customer. The Tavern Liquor License held by Bowl Fort Collins, LLC was originally issued in December 2009. The establishment has two previous Sale to Minor violations, occurring in January 2011 and July 2013. A fine in lieu of suspension was imposed for the 2011 violation; and a 10-day active suspension was served for the 2013 violation. The Liquor Enforcement Division (LED) of the Colorado Department of Revenue will be handling the administrative process related to this violation, which will be viewed as a first offense, due to the timing of the previous violations. The penalty for this type of violation, may include a written warning, up to a 15-day suspension, or entering into a stipulation and agreement allowing for the payment of a fine in lieu of an actual suspension with a portion of the suspension time held in abeyance for a period of time, typically one year from the date of the agreement. If further violations occur within a year of the date of the agreement, the licensee will serve all or any days of the suspension held in abeyance. The licensee has provided the Town Clerk with a copy of the establishment’s alcohol sales policy as well as a listing of permanent employees, a record of T.I.P.S. training, and has submitted all necessary paperwork and fees for the liquor license renewal. The liquor license expires on December 1, 2015. Proposal: The LED is administering the violation, therefore, no administrative action will be taken by the Town. Advantages: Approval of the liquor license renewal would allow the licensee to continue operating the liquor-licensed establishment. The State will determine the penalty to be imposed for the violation and ensure that the penalty is served. Disadvantages: To deny the renewal of the liquor license would disrupt the alcohol service to patrons of the liquor-licensed establishment. Action Recommended: Receive direction from the Town Board related to the renewal of the Tavern liquor license held by Bowl Fort Collins, LLC dba Chippers Lanes Estes Park Center. The Board has the option to move to approve or deny the renewal of the license. Budget: The annual renewal fee paid to the Town of Estes Park for a Tavern liquor license is $869. Level of Public Interest Medium to High – Serving alcohol to minors and non-compliance with Colorado State Liquor Laws are concerns for the community. Sample Motion: I move to approve/deny the renewal of the Tavern Liquor License held by Bowl Fort Collins, LLC dba Chippers Lanes Estes Park Center. TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 22, 2015 RE: Renewal License – Cables Estes, LLC, dba Cables Pub and Grill, 451 S. St. Vrain Avenue, Hotel and Restaurant Liquor License Objective: Discussion of a liquor law violation that occurred at Cables Pub and Grill on September 14, 2015. Present Situation: On September 14, 2015, an alcohol sales compliance check was conducted by the State’s Liquor Enforcement Division and the Town of Estes Park Police Department. During this compliance check, an employee of Cables Pub and Grill sold/served an alcohol beverage to an underage person. The employee failed to request identification from the individual and proceeded to serve the underage customer. The Hotel and Restaurant Liquor License held by Cables Estes, LLC, was originally issued in January 2013. The establishment had a previous Sale to Minor violation in August 2013. A five-day active suspension was imposed and served in December 2013. The Liquor Enforcement Division (LED) of the Colorado Department of Revenue will be handling the administrative process related to this violation, which will be viewed as a first offense, due to the timing of the previous violation. The penalty for this type of violation, may include a written warning, up to a 15-day suspension, or entering into a stipulation and agreement allowing for the payment of a fine in lieu of an actual suspension with a portion of the suspension time held in abeyance for a period of time, typically one year from the date of the agreement. If further violations occur within a year of the date of the agreement, the licensee will serve all or any days of the suspension held in abeyance. The licensee has provided the Town Clerk with a copy of the establishment’s alcohol sales policy as well as a listing of permanent employees and a record of T.I.P.S. training. The Liquor License expiration date is January 7, 2016. Proposal: The LED is administering the violation, therefore, no administrative action will be taken by the Town. Advantages: Approval of the liquor license renewal would allow the licensee to continue operating the liquor-licensed establishment. The State will determine the penalty to be imposed for the violation and ensure that the penalty is served. Disadvantages: To deny the renewal of the liquor license would disrupt the alcohol service to patrons of the liquor-licensed establishment. Action Recommended: Receive direction from the Town Board related to the renewal of the Hotel and Restaurant liquor license held by Cables Estes, LLC dba Cables Pub and Grill. The Board has the option to move to approve or deny the renewal of the license. Budget: The annual renewal fee paid to the Town of Estes Park for a Hotel and Restaurant liquor license is $869. Level of Public Interest Medium to High – Serving alcohol to minors and non-compliance with Colorado State Liquor Laws are concerns for the community. Sample Motion: I move to approve/deny the renewal of the Hotel and Restaurant Liquor License held by Cables Estes, LLC dba Cables Pub and Grill. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson Date: October 23, 2015 RE: Liquor Licensing: Transfer of Ownership from Stanley Village Shopping Center, LLC, to Village Wood Fired Pizza, LLC, dba THE VILLAGE, 543 Big Thompson Avenue, Beer and Wine Liquor License. Objective: Transfer an existing Beer and Wine liquor license located at 543 Big Thompson Avenue to the applicant, Village Wood Fired Pizza, LLC. Present Situation: A Beer and Wine Liquor License was issued to JDDCT, Inc., dba Village Pizza in 2011. In early 2015, JDDCT, Inc., abandoned the premises located at 543 Big Thompson Avenue, and per a court order dated May 14, 2015, Stanley Village Shopping Center, LLC regained possession of the property and the existing Beer & Wine liquor license by operation of law. The applicant, Village Wood Fired Pizza, LLC has requested a transfer of the Beer and Wine license and submitted a complete application to the Town Clerk’s office on July 30, 2015. A temporary permit was issued on August 25, 2015. 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 Village Wood Fired Pizza, LLC dba THE VILLAGE. 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. Town Clerk’s Office Memo Page 2 Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business during the licensing process. Action Recommended: Approval to transfer the existing Beer and Wine Liquor License to Village Wood Fired Pizza, LLC. Budget: The fee paid to the Town of Estes Park for a Beer and Wine Liquor License transfer is $1,112. 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 Beer and Wine Liquor License is $662 per year. Level of Public Interest: Low Sample Motion: I move to approve/deny the Transfer Application for a Beer and Wine Liquor License filed by Village Wood Fired Pizza, LLC, dba THE VILLAGE. Attachment: Procedure for Transfer of Liquor License April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed July 30, 2015 .  The Town has received all necessary fees and hearing costs.  The applicant is filing as an LLC .  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 Village Wood Fired Pizza, LLC doing business as The Village for a Beer and Wine License be approved/denied. Utilities Department Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Alison Chilcott, Community Services Director Steve McFarland, Finance Officer Date: October 27, 2015 RE: Public Hearing – Grant Close Out for Fish Creek Utilities, Windcliff Utilities and Fish Creek Resiliency Plan CDBG-DR Grants Objective: To conduct a public hearing as required by the grant agreements for HUD Community Development Block Grant – Disaster Recovery (CDBG-DR) funded projects: 1. Fish Creek Utilities, “Fish Creek Road Utilities Repair / Reconstruction” under the IGA (Inter Governmental Agreement) partners including Upper Thompson Sanitation District (UTSD), Town of Estes Park (TEP), and Estes Valley Recreation and Parks District (EVRPD). This hearing will be on the Town of Estes Park’s portion only. This is a cost share grant for FEMA (PW#240). 2. Utilities repairs for the Windcliff area, FEMA cost share grant (PW#258). 3. Fish Creek Plan for Resiliency (master plan). The purpose of this hearing is to allow citizens to review and comment on the performance of these three projects. Written comments are also welcomed and must be received by Wednesday, November 4, 2015, at Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517. For information concerning the public hearing, contact the following Town representatives: • Reuben Bergsten, Utilities Director; 970-577-3583; subject line: Utilities Public Hearing • Alison Chilcott, Community Development Director; 970-577-3720; subject line: Master Plan Public Hearing • Or email: info@estes.org; subject line: “Utilities Public Hearing or Master Plan Public Hearing Present Situation: Fish Creek Utilities project includes Town water and electrical lines. The project is approximately 4.5 miles long and encompasses several stream crossings. The construction began January 2015 and plans to finish in mid-October 2015. Fish Creek Plan for Resiliency included 1) preparing conceptual design drawings and developing management frameworks; and 2) prioritizing projects and developing short- term and long-term implementation plans. Windcliff Utilities project includes installing 2,465 linear feet of a new single phase underground conductor in a new location to provide mitigation against future events and restoring the previous functionality of looped power to several homes in the Windcliff area. Proposal: A public hearing is required for CDBG-DR funded projects when the project is complete or nearly complete. Advantages: This public hearing offers the citizens an opportunity to comment on this project. Disadvantages: None. Action Recommended: No Board action required. Budget: Fish Creek Utilities: The budget for this project has been approved and allocated. The following is an overview of the budget. General contractor’s contract K.R. Swerdfeger Construction, Inc. (value through June 2015) 6,651,508 Town of Estes Park’s portion of the contract value above 1,248,768 Engineering and Design: Town of Estes Park’s portion 338,627 Construction Management Services (total value) 472,956 Town of Estes Park’s portion: (19.22%) 90,902 Town of Estes Park supplied materials and used its own work force to pull wire at the five electrical sites where the contractor installed conduit banks. Approximate value of materials supplied 29,500 Approximate value of wire supplied and installed 17,900 CDBG-DR covers 12.5% of the FEMA local cost share Town of Estes Park CDBG-DR grant award amount is 172,757 The Town requested an additional $27,000 for increased costs and is expected to be awarded this. Approximate improvement value of $106,000 is 100% funded by the Town of Estes Park - 2 - Fish Creek Master Plan grant award was for $74,900 for consulting services. Additional funds were received from the Colorado Water Conservation Board (CWCB) for this project. Windcliff Utilities: The budget for this project is $256,570.00 for engineering and construction. The Town of Estes Park CDBG-DR grant award amount is $31,996.25 which covers 12.5% of the FEMA local cost share. Level of Public Interest: Medium. Sample Motion: N/A. General Information: A public hearing will be opened for these three projects; however, comments will be taken in order of the projects listed in this memo. The Mayor will close each project following public comments and then request comments on the next project. This public hearing is being conducted at the Town Hall which is a handicapped accessible building. In compliance with the Americans with Disabilities Act (ADA), individuals needing special accommodations (including auxiliary communicative aids and services) are asked to contract the Town Clerk’s office at least five (5) business days prior to this public hearing to request special accommodations. Hearing devices are available for this public meeting upon request. Those with limited English proficiency planning to attend this public hearing are asked to contact the Town Clerk’s office at least five (5) business days prior to this meeting and accommodations will be made available upon requests. The Town Clerk’s office contact information: TownClerk@estes.org; 970-577-4777; 170 MacGregor Avenue, PO Box 1200, Estes Park, Colorado 80517. - 3 - COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Will Birchfield, Chief Building Official Tina Kurtz, Environmental Planner Date: October 27, 2015 RE: ORDINANCE #15-15 EXTENDING INTERIM FLOOD PLAIN REGULATIONS Objective: Extend and amend interim flood plain regulations adopted in November 2013 and extended in October 2014. The consideration of Ordinance 15-15, continuing the temporary building requirements for development on lots adjacent to drainages established in Ordinance 13-13, adopted by the Board on November 12, 2013. This is the continuance of an interim measure pending new hydrology and hydraulics information. Present Situation: Ordinance 13-13 was adopted by the Town Board on November 12, 2013. This ordinance replaced emergency provisions that were put in place immediately following the September 2013 flood that had limited permanent construction adjacent to drainages. Ordinance 13-13 was adopted as an interim measure to establish the high-water mark of the 2013 flood as the regulatory floodplain pending revision to the Flood Insurance Rate Maps. The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by the Town of Estes Park Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual chance of flooding). In many areas the study and maps are no longer accurate and cannot be relied on to protect life and property. Ordinance 13-13 provides regulations for the permanent construction adjacent to drainages affected by the September 2013 flood. These regulations establish building permit submittal requirements such as a FEMA Elevation Certificate and high water marks from the flood. These regulations also require that construction be built a minimum of one vertical foot above the flood of record. Ordinance 16-14, adopted by the Town Board on October 28, 2014, continued the provisions of Ordinance 13-13, and included a variety of minor revisions related to effective date and terminology (“floodplain” replaced the term “building”) and authorized the floodplain administrator to use best available data regarding peak flows (paragraph 2, Exhibit A). Ordinance 16-14 is set to expire on November 11, 2015. Proposal: Ordinance 15-15 allows for permanent construction in areas affected by the 2013 flood, while taking appropriate measures to reasonably protect lives and properties from flooding and minimize potential non-compliance with FEMA regulations (namely, updated floodplain maps). The Ordinance further ensures that staff have all necessary information when reviewing building and floodplain permit applications. Ordinance 15-15 provides criteria for reviewing building permit applications for structures on properties located adjacent to drainages. Ordinance 15-15 will replace Ordinance 16-14 and changes the required permit reference from “Building Permit” to “Floodplain Development Permit” in Exhibit A. Effective Period If passed, this ordinance will take effect immediately upon adoption by the Town Board and continue until Tuesday, November 8, 2016. Staff anticipates that requirements of this Ordinance will be in effect until new hydrology and hydraulics studies are completed in mid- to late-2016. Advantages: • Allows for continued for new construction in areas affected by recent flooding. • Lives and properties are better protected from future flood events and more likely to be in compliance with future floodplain maps. • Consistent with management practices suggested by FEMA. • Increases likelihood that FEMA Public Assistance and the Federal Highways Administration will fund public infrastructure improvements (e.g. bridge and culvert replacements) designed for post-flood design flows. For example, instead of rebuilding a bridge to accommodate 400 cfs it could be rebuilt to accommodate 900 cfs. Disadvantages: • Additional building permit submittal requirements for some customers. • High water marks are not fully mapped. Action Recommended: Staff recommends adoption of Ordinance 15-15. Budget: N/A Level of Public Interest Moderate Sample Motion: I move to adopt/deny Ordinance Number 15-15 to extend temporary floodplain development requirements for development on lots adjacent to drainages. Attachments: 1. Ordinance 15-15 2. Exhibit A 3. Memo from October 28, 2014 Town Board Meeting 4. Memo from November 12, 2013 Town Board meeting 5. Colorado Water Conservation Board FAQs ORDINANCE NO. 15-15 AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, EXTENDING INTERIM REQUIREMENTS FOR DEVELOPMENT ADJACENT TO DRAINAGES. WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may exist and to ensure that potential buyers and builders are aware that certain properties are in areas with special flood hazards; and WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood event; and WHEREAS, on November 12, 2013, the Town of Estes Park enacted temporary requirements for development on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and WHEREAS, the temporary requirements enacted on November 12, 2013, will expire on November 11, 2015; and WHEREAS, due to the September 2013 flood event, the Town does not know the final location of stream/river channels or banks; the final location of floodplains; and final base flood elevations; and WHEREAS, the Town wants to ensure compliance with FEMA regulations to ensure businesses and residents are eligible to purchase flood insurance; and WHEREAS, the Town recognizes that property owners may wish to initiate, continue, and complete construction adjacent to stream/river channels; and WHEREAS, the Board of Trustees hereby determines that it is in the public interest to adopt this Ordinance in order to adopt floodplain standards for properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River or the Big Thompson River drainages. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. Temporary floodplain standards and regulations for properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River and/or the Big Thompson River drainages is hereby established, as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2. The temporary floodplain standards and regulations set forth in Exhibit A shall take effect upon the effective date of this Ordinance and continue until November 11, 2016 unless amended, extended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of health, safety and welfare of the citizens of the Town in order to prevent unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, on this 27th day of October, 2015. TOWN OF ESTES PARK By: William Pinkham, Mayor ATTEST: Jackie Williamson, Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the 27th day of October, 2015, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _______ day of __________________, 2015. _____________________________ Jackie Williamson, Town Clerk EXHIBIT A Flood Protection Elevation In order to account for the impacts of future development on flood depths and to ensure the least expensive insurance rate for property owners, all new structures, substantial changes and additions on properties located within the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River and/or the Big Thompson River drainages shall be built a minimum of one vertical foot above the flood of record. The flood of record shall be measured from the high water marks from the September 2013 flood event, as minimum elevation regardless of the current regulatory flood location. When the high water mark and FEMA regulatory floodplain are inconsistent with one another, the more restrictive shall govern. To administer the floodplain regulations, the Town floodplain administrator is authorized to use best available data, including, but not limited to revised/increased peak discharge flows for the 1% annual chance flood. At the present, these numbers are 990 cubic feet per second (cfs) for Fish Creek and 1670 cfs for Fall River. These flows are approximately 250% of pre-flood flows. Floodplain Development Permit Submittal Requirements Minimum requirements for Floodplain Development Permit application submissions are as follows: i. Site plan shall include: a. Current Regulatory Floodplain. Location of the current regulatory floodplain, including elevation points adjacent to proposed development and distance to proposed development; and b. High Water Marks and Lines. High water mark and line locations from the September 2013 flood event, including elevation points adjacent to proposed development, and distance from marks and lines to the proposed development. ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form 086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or subsequent revisions, shall be submitted for each structure within a proposed development, taken from the regulatory floodplain. iii. A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and/or the high water mark from the flood of record. Project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. iv. Measurements shall be taken in accordance with Estes Valley Development Code §1.9.D.2. v. The location of fill material to be imported to the site and confirmation from a qualified expert that the engineering characteristics of the fill are appropriate for development. vi. The location where material being exported from the site will be deposited. The land owner or agent accepting the deposit must be identified and approval confirmed by staff. vii. Identification of all structures on, or adjacent to the site that may be affected by grading and development, and presentation of detailed mitigation measures to reduce any negative impact to existing structures during development. viii. Staff may waive submittal requirements depending on the amount of information necessary to perform a complete and reasonable review of the development. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Will Birchfield, Chief Building Official Alison Chilcott, Director David Shirk, Senior Planner Date: October 28, 2014 RE: ORDINANCE #16-14 EXTENDING INTERIM FLOOD PLAIN REGULATIONS Objective: Extend and amend interim flood plain regulations adopted in November 2013. The consideration of Ordinance 16-14, establishing temporary building requirements for development on lots adjacent to drainages. This is an interim measure pending flood recovery mapping and/or stream/river restoration. Present Situation: Ordinance 13-13 was adopted by the Town Board on November 12, 2013. This ordinance replaced emergency provisions that were put in place immediately following the September 2013 flood that had limited permanent construction adjacent to drainages. Ordinance 13-13 was adopted as an interim measure to establish the high-water mark of the 2013 flood as the regulatory floodplain pending revision to the Flood Insurance Rate Maps. The FEMA Flood Insurance Study and associated Flood Insurance Rate Maps are used by the Town of Estes Park Floodplain Manager to regulate special flood hazard areas (areas with a 1% annual chance of flooding). In many areas the study and maps are no longer accurate and cannot be relied on to protect life and property. Ordinance 13-13 provides regulations for the permanent construction adjacent to drainages affected by the September 2013 flood. These regulations establish building permit submittal requirements such as a FEMA Elevation Certificate and high water marks from the flood. These regulations also require that construction be built a minimum of one vertical foot above the flood of record. This ordinance is set to expire on November 11, 2014. Proposal: Ordinance 16-14 allows for permanent construction in areas affected by the 2013 flood, while taking appropriate measures to reasonably protect lives and properties from flooding and minimize potential non-compliance with FEMA regulations (namely, updated floodplain maps). The Ordinance further ensures that staff have all necessary information when reviewing building and floodplain permit applications. Ordinance 16-14 provides criteria for reviewing building permit applications for structures on properties located adjacent to drainages. Ordinance 16-14 will replace Ordinance 13-13, and includes a variety of minor revisions related to effective dates and terminology (“floodplain” replaces term “building”). Ordinance 16-14 also authorizes the floodplain administrator to use best available data regarding peak flows (paragraph two, Exhibit A). Effective Period If passed, this ordinance will take effect immediately upon adoption by the Town Board and continue until Tuesday, November 10, 2015. Staff anticipates that requirements of this Ordinance will be in effect until new regulatory floodplains are established with revised Flood Insurance Study and associated Flood Insurance Rate Maps. Advantages: • Allows for continued for new construction in areas affected by recent flooding. • Lives and properties are better protected from future flood events and more likely to be in compliance with future floodplain maps. • Consistent with management practices suggested by FEMA. • Increases likelihood that FEMA Public Assistance and the Federal Highways Administration will fund public infrastructure improvements (e.g. bridge and culvert replacements) designed for post-flood design flows. For example, instead of rebuilding a bridge to accommodate 400 cfs it could be rebuilt to accommodate 900 cfs. Disadvantages: • Additional building permit submittal requirements for some customers. • High water marks are not fully mapped. Action Recommended: Staff recommends adoption of Ordinance 16-14. Budget: N/A Level of Public Interest Moderate Sample Motion: I move to adopt/deny Ordinance Number 16-14 to extend temporary building requirements for development on lots adjacent to drainages. Attachments: 1. Ordinance 16-14 2. Exhibit A 3. Memo from November 12 2013 Town Board meeting. 4. Colorado Water Conservation Board FAQs ORDINANCE NO. 16-14 AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, EXTENDING INTERIM REQUIREMENTS FOR DEVELOPMENT ADJACENT TO DRAINAGES. WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may exist and to ensure that potential buyers and builders are aware that certain properties are in areas with special flood hazards; and WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood event; and WHEREAS, on November 12, 2013, the Town of Estes Park enacted temporary requirements for development on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and WHEREAS, the temporary requirements enacted on November 12, 2013, will expire on November 11, 2014; and WHEREAS, due to the September 2013 flood event, the Town does not know the final location of stream/river channels or banks; the final location of floodplains; and final base flood elevations; and WHEREAS, the Town wants to ensure compliance with FEMA regulations to ensure businesses and residents are eligible to purchase flood insurance; and WHEREAS, the Town recognizes that property owners may wish to initiate, continue, and complete construction adjacent to stream/river channels; and WHEREAS, the Board of Trustees hereby determines that it is in the public interest to adopt this Ordinance in order to adopt floodplain standards for properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River or the Big Thompson River drainages. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. Temporary floodplain standards and regulations for properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages is hereby established, as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2. The temporary floodplain standards and regulations set forth on Exhibit A shall take effect upon the effective date of this Ordinance and continue until November 11, 2014 unless amended, extended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of health, safety and welfare of the citizens of the Town in order to prevent unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, on this 28th day of October, 2014. TOWN OF ESTES PARK By: William Pinkham, Mayor ATTEST: Jackie Williamson, Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the 28th day of October, 2014, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _______ day of __________________, 2014. _____________________________ Jackie Williamson, Town Clerk EXHIBIT A Flood Protection Elevation In order to account for the impacts of future development on flood depths and to ensure the least expensive insurance rate for property owners, all new structures, substantial changes and additions on properties located within the Town and adjacent to the Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages shall be built a minimum of one vertical foot above the flood of record. The flood of record shall be measured from the high water marks from the September 2013 flood event, as minimum elevation regardless of the current regulatory flood location. When the high water mark and FEMA regulatory floodplain are inconsistent with one another, the more restrictive shall govern. To administer the floodplain regulations, the Town floodplain administrator is authorized to use best available data, including, but not limited to revised/increased peak discharge flows for the 1% annual chance flood. At the present, these numbers are 990 cubic feet per second (cfs) for Fish Creek and 1670 cfs for Fall River. These flows are approximately 250% of pre-flood flows. Building Permit Submittal Requirements All applications for development review shall submit the following information in addition to standard submittal requirements: i. Site plan shall include: a. Current Regulatory Floodplain. Location of the current regulatory floodplain, including elevation points adjacent to proposed development and distance to proposed development; and b. High Water Marks and Lines. High water mark and line locations from the September 2013 flood event, including elevation points adjacent to proposed development, and distance from marks and lines to the proposed development. ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form 086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or subsequent revisions, shall be submitted for each structure within a proposed development, taken from the regulatory floodplain. iii. A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and/or the high water mark from the flood of record. Project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. iv. Measurements shall be taken in accordance with Estes Valley Development Code §1.9.D.2. v. The location of fill material to be imported to the site and confirmation from a qualified expert that the engineering characteristics of the fill are appropriate for development. vi. The location where material being exported from the site will be deposited. The land owner or agent accepting the deposit must be identified and approval confirmed by staff. vii. Identification of all structures on, or adjacent to the site that may be affected by grading and development, and presentation of detailed mitigation measures to reduce any negative impact to existing structures during development. viii. Staff may waive submittal requirements depending on the amount of information necessary to perform a complete and reasonable review of the development. Answers to Frequently Asked Questions about the Colorado 2013 Flood Event Following the recent flooding events for Front Range communities in Colorado, property owners, communities, and the National Flood Insurance Program are being presented with some new challenges in the areas of floodplain administration and potential flood insurance impacts. In many areas, the location and other characteristics of channels and streams have been altered significantly. As communities and property owners rebuild, they are presented with a unique opportunity to build structures that are better, stronger, and more resilient. With the devastating impacts of the recent floods fresh in our minds, we are poised to use the lessons we have learned to minimize the damages from future events that, as history has shown us, will take place. The answers to some of the following questions are separated into two major categories: a. What can be done in the short-term to get our communities operational? b. How can we rebuild with long-term impacts in mind, such as building requirements, flood maps, and insurance? Q1: How does a town regulate fill and construction in and adjacent to waterways? Are floodplain permits needed only for work in the mapped Special Flood Hazard Areas (SFHAs), and not near new channels and streams created by the flood? A1a (short-term or “emergency” recovery): FEMA defines emergency protective measures as “actions taken by the community … before, during, and after a disaster to save lives, protect public health and safety, and prevent damage to improved public and private property.” Many communities are currently working to ensure that their communities are safe and functional. FEMA considers such activities, including the “restoration of access” (i.e., the reconstruction of damaged roads), as emergency protective measures. For such work, floodplain permits are indeed required, but the community is not required to obtain an approved Conditional Letter of Map Revision (CLOMR) before performing the work. The community should certainly be aware of and take into consideration the impacts, both upstream and downstream, of the emergency measures that they are proposing. A CLOMR is encouraged but is not required. A U.S. Army Corps of Engineers (USACE) Section 404 Clean Water Act permit is required for dredging or placing fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands (contact the USACE Denver Regulatory office at 303-979-4120). However, division engineers are authorized to approve special processing procedures in emergency situations. An emergency is defined a situation that would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. For any activities that are not emergency protective measures (i.e., permanent work or final reconstruction), all regular permitting and regulatory processes apply, as outlined below. Answers to Frequently Asked Questions about the Colorado 2013 Flood Event Therefore, communities should keep the long-term recovery requirements in mind as they move through the initial construction stages of emergency protective measures. A1b (long-term recovery): If a “waterway” has an identified SFHA on an effective FEMA Flood Insurance Rate Map (FIRM) and the community participates in the National Flood Insurance Program, then a floodplain development permit must be obtained for any proposed manmade activity in the SFHA before work begins. This applies even if the proposed work is funded by FEMA or completed by the community (or its contractor), with or without a loan requiring the mandatory purchase of flood insurance. Due to the recent flood events, new channels and streams may or may not be delineated on the FIRM. If the community is able to obtain and use better data that displays a higher or changed risk profile for a certain area, it is in the community’s best interest to regulate construction in that area to the more conservative risk profile or larger floodplain. Any changes in floodplain development requirements (such as using better data) must be approved and adopted by the community. As always, residents should contact their local floodplain administrator for specific rules and locally adopted ordinances pertaining to fill and construction in the floodplain. A community may be regulating construction in additional areas not shown as SFHAs on the effective FIRM. Q2: How should a community regulate floodplain development now? Should it be based on the high-water marks from this event, the mapped Special Flood Hazard Areas (SFHAs) shown on the effective Flood Insurance Rate MAP (FIRM), or the new stream and river channels? A2: Communities are required to use the information shown on the effective FIRM for floodplain management purposes, or to use State and local regulations if they are more restrictive. However, the effective FIRMs will not reflect recently realigned stream and river channels. If the high-water mark is greater or more conservative than the Base (1-percent-annual-chance) Flood Elevation (BFE) on the effective FIRM, it is advised and would be beneficial for a community to use this information as a point for consideration in regulating rebuilding efforts. Thus, communities are advised to use all available risk information for redevelopment purposes. This risk information could include high-water marks, new topography/LiDAR, Advisory Base Flood Elevations, and local information and knowledge, and it can be used to regulate construction until the FIRMs are updated. New topographic data and risk assessment calculations (hydrology and hydraulics) can be used to update community’s FIRM, although the information being used by a community during the rebuilding process (such as high-water marks) may or may not be incorporated into an updated study produced by FEMA. Note that FEMA’s process to produce a new Flood Insurance Study and FIRM takes, on average, 3 to 5 years from start to finish. Interim advisory maps, whether they are produced by the community, the State, FEMA, or other Federal agencies, are just that – advisory. However, until FEMA can produce updated flood maps that formally identify new or modified SFHAs, advisory maps allow the community to Answers to Frequently Asked Questions about the Colorado 2013 Flood Event rebuild structures that are stronger and more flood-resilient by referencing the local information and knowledge. Q3: Can fill be used to return streams/rivers to their pre-flood boundaries? A3a (short-term or “emergency” recovery): Yes. However, communities should be cautious to minimize the use of fill in the floodplain and should consider the impacts that the placement of fill will have on properties upstream and downstream, as noted in answer A1a. We understand that severe road erosion in several areas across the State has resulted in the relocation of streams to the positions where the roads once stood. In many of these cases, the placement of fill is the only alternative for restoring access . This is permissible with the caveats outlined in answer A1a, and it is again recommended that communities keep in mind the long-term recovery requirements outlined in answers A1b and A3b while implementing their emergency protective measures. A3b (long-term recovery): Yes. Fill material must be obtained from an existing stockpile or permitted commercial operation. Any new or expanded sources of fill material must be approved by the State Historic Preservation Officer (720-544-2810). Sediments deposited in the channel may be used, provided the project sponsor obtains and complies with the appropriate Federal, State, and local laws or ordinance and obtains the appropriate permits. We recommend that local governments submit a Conditional Letter of Map Revision (CLOMR) application, followed by a Letter of Map Revision (LOMR) request to update the Flood Insurance Rate Map (FIRM). A CLOMR provides FEMA’s comments on a proposed project that will, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus modify existing regulatory floodways, Base Flood Elevations (BFEs), or Special Flood Hazard Areas (SFHAs). It documents FEMA’s assessment that a proposed project complies with the minimum criteria for National Flood Insurance Program (NFIP) floodplain management. FEMA charges a fee for processing a CLOMR, and Endangered Species Act documentation may be needed. NFIP regulations do not require a CLOMR for all projects in the regulatory floodway or base floodplain. However, a CLOMR is required for projects that will cause any BFE increase within a regulatory floodway or that will cause the BFE to increase more than 0.5 foot (State requirement) along streams with specified BFEs but no designated floodway. More information about CLOMRs is available on the FEMA website at www.fema.gov/national- flood-insurance-program-2/conditional-letter-map-revision. Once a project has been completed, a community must request a revision to the FIRM to reflect the project. “As-built” certification and other data will be needed to support the revision request. All requests for map revisions should be submitted through the Chief Executive Officer of the community, because the community must adopt any changes to the FIRM. To help communities compile the data required to support map revision requests, FEMA has developed a package of step-by-step instructions and forms. These forms and cost Answers to Frequently Asked Questions about the Colorado 2013 Flood Event information for map revisions are available on the FEMA website at www.fema.gov/mt-2- application-forms-and-instructions. Following a review of the community’s map revision request and supporting data, FEMA will revise the FIRM and Flood Insurance Study report, if appropriate, by issuing a LOMR or by republishing the mapping products through the Physical Map Revision process. FEMA uses the shorter and more cost-effective LOMR process as much as possible. Both processes effect official changes to BFEs, base flood depths, floodplain boundaries, regulatory floodways, and other mapping features. All affected communities are provided with copies of the revised information and given a review period. If appropriate, a statutory 90-day appeal period will take place prior to the revisions becoming effective. Q4: Does the local floodplain manager review and issue permits for channel modifications? A4: Yes. A community that participates in the National Flood Insurance Program (NFIP) requires permits for all development in Special Flood Hazard Areas (SFHAs) and ensures that construction materials and methods will minimize future flood damage. Permits ensure that proposed projects meet both the requirements of the NFIP and the community’s floodplain management ordinance. This is true for both emergency protective measures and permanent work, even if the work is performed by the community and funded by FEMA (through the Public Assistance Program, for instance). For situations where the watercourse alignment has been significantly altered and the FEMA- identified SFHA no longer reflects the area’s flood risk, the community may choose to use better data to administer the floodprone areas, even if they are not identified on the Flood Insurance Rate Map (FIRM). In such instances, the community would have to identify and adopt (by resolution) the new data for the floodplain administrator to have authority to regulate areas not shown on the FIRM and/or described in the community floodplain ordinance. Please note that a community must also review proposed development projects to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law. These permits and/or requirements may include, but are not limited to, those from the following entities:  FEMA: CLOMRs;  State of Colorado: floodplain regulations;i and  U.S. Army Corps of Engineers (USACE): a Section 404 Clean Water Act permit is required to dredge or place fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands (contact the USACE Denver Regulatory office at 303-979-4120). Q5: What entity can provide advice on stream/river restoration or modification? A5: The Colorado Water Conservation Board (CWCB) supports watershed planning as well as projects designed to restore and protect watersheds. The CWCB partners with numerous Answers to Frequently Asked Questions about the Colorado 2013 Flood Event organizations to plan and undertake multi-objective projects designed to reduce flood hazards, stabilize and restore stream channels, provide habitat, reduce erosion, and increase the capacity to utilize water. Inter- and intra-agency coordination, communication, and prioritization are essential components of the CWCB’s efforts. Specifically, the CWCB supports watershed protection and restoration efforts through the administration of the Colorado Watershed Restoration Program, Colorado Healthy Rivers Fund, and Fish and Wildlife Resources Fund. If FEMA funding is requested to help with a floodplain restoration project, the National Environmental Policy Act requires an Environmental Impact Statement. Q6: What entity can assist with identifying areas where additional destabilization and erosion could occur during the spring run-off, and what can be done now to eliminate/minimize additional damage? A6: The United States Army Corps of Engineers or the Natural Resources Conservation Service “Stream Teams” can provide technical assistance related to identifying and controlling stream bank erosion and destabilization. Please visit www.cwcb.state.co.us/environment/watershed-protection-restoration/ for more information on accessing the Stream Team resources. Q7: In general, what post-flood recommendations do you have for local floodplain managers? A7: As floodplain managers, stormwater managers, scientists, engineers, and planners, it is incumbent on us to work tirelessly to help our neighbors, friends, families, and visitors get back on their feet. Floodplain professionals also have the obligation to provide future generations with more resilient communities than the recent past or the present provided against the floods that will visit Colorado and other States again. Consider making detailed flood hazard assessments before issuing building permits, to provide time for collecting post-flood information and creating community reconstruction plans from that information. Support the public safety intent behind the State Floodplain Regulations by instituting them immediately for all rebuilding efforts. These regulations are available on the Colorado Water Conservation Board website (http://cwcb.state.co.us/legal/Pages/CWCBFloodplainRulesandRegulationsProcess.aspx)The CWCB, in a special meeting on Oct. 21st, 2013, in Denver, issued a policy statement indicating that because state funds are being offered for flood recovery, the processes associated with the use of these state funds shall follow the established State Floodplain Regulations, regardless of the status of local adoption. This policy statement may be found at http://cwcb.state.co.us/legal/Documents/Policies/21FloodplainStandards.pdf Answers to Frequently Asked Questions about the Colorado 2013 Flood Event Develop Advisory Base Flood Elevations for rebuilding structures in and around flooded areas. This analysis should include high-water marks from the 2013 flooding, historic flood records, and FEMA Flood Insurance Study data. Whenever possible, rebuild outside the floodplain to reduce the potential for future damage. One of the most effective ways to mitigate future losses is to relocate structures and infrastructure outside known hazard areas. Support the implementation of master plans, locally and regionally, by executing them during flood recovery rebuilding efforts, rather than replacing old plans in-kind. Consider FEMA’s repetitive flood loss clauses that affect the cost of flood insurance in areas most frequently affected by flooding. Local governmental entities should consider available flood evidence and history before issuing permits in Special Flood Hazard Areas, especially in the Front Range canyon watersheds and along the South Platte River. Q8: Can a community realign a section of stream to its previous channel? A8: This type of work is typically undertaken as permanent work. As such, the project sponsor must obtain the appropriate Federal, State and local permits, including those issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. Streams should not be altered unless the project proponent demonstrates through a floodway analysis and report, sealed by a Colorado Registered Professional Engineer, that the project will not have any adverse impact on the floodway. This requirement only applies to stream reaches where Base (1-percent-annual-chance) Flood Elevations (BFEs) have been established. A Conditional Letter of Map Revision (CLOMR) provides comments on a proposed project that will, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus modify existing regulatory floodways, BFEs, or Special Flood Hazard Areas (SFHAs). It documents FEMA’s assessment that a proposed project complies with the minimum criteria for National Flood Insurance Program floodplain management. FEMA charges a fee for processing a CLOMR, and Endangered Species Act documentation may be needed. More information about CLOMRs is available on the FEMA website at www.fema.gov/national- flood-insurance-program-2/conditional-letter-map-revision. A Letter of Map Revision (LOMR) is used to modify the BFEs, base flood depths, floodplain boundaries, regulatory floodways, and other mapping features shown on a Flood Insurance Rate Map (FIRM). “As-built” certification and other data will be needed to support a LOMR request that follows a CLOMR. All requests for map revisions should be submitted through the Chief Executive Officer of the community, because the community must adopt any changes to the FIRM. LOMR forms and cost information are available on the FEMA website at www.fema.gov/mt-2-application-forms-and-instructions. Answers to Frequently Asked Questions about the Colorado 2013 Flood Event Q9: If communities upstream or downstream from me realign their stream, how will this affect my community’s effective Flood Insurance Rate Map (FIRM)? A9: If the realignment is reported to FEMA through a Letter of Map Revision (LOMR) request, the requirements of the LOMR process state that the model must extend upstream and downstream far enough to match the previously published flood hazard information. Also, Federal regulations – 44 CFR 60.3 (b)(6) and (7) – require that the adjacent communities are notified and that the streams’ carrying capacity is maintained. If multiple communities are affected by a new stream alignment (whether caused by a flood event or a manmade effort), the LOMR process may not be appropriate and a larger study (i.e., a Physical Map Revision) may be necessary. Q10: Are there efforts or resources in place to remap and/or assess new floodplains caused by channel migrations? A10: At this time, the resources to update, assess, or remap changed floodplains are limited. To identify and record an altered watercourse and its floodplain that fall outside the Special Flood Hazard Area (SFHA) shown on an effective Flood Insurance Rate Map (FIRM) requires a new flood hazard study. Completing a new study or restudying a stream affecting one or more FIRM panels takes a considerable amount of time – the process includes identifying the scope of the study, funding, and following the study processes and methodology that have been established to ensure consistent application and regulatory compliance. On average, a flood hazard study takes 3 to 5 years to complete after the scope has been established and funding secured. In some cases, a Letter of Map Revision (LOMR) may be the best approach for a community to report the altered watercourse and have the information reflected on the FIRM. Under certain circumstances (with proper justification and documentation to support the request), the LOMR application fee may be waived. For mapped watercourses with Base Flood Elevations/floodways, a Conditional Letter of Map Revision may also be required. In accordance with Section 72.5 of the NFIP regulations, review and processing fees are not required for the following types of map change requests:  Map changes based on mapping or study analysis errors;  Map changes based on the effects of natural changes within the SFHA;  Requests for Letters of Map Amendments;  Federally sponsored flood-control projects where 50 percent or more of the project's costs are federally funded;  Map changes based on detailed hydrologic and hydraulic studies conducted by Federal, State, or local agencies to replace approximate studies conducted by FEMA and shown on the effective FIRM; and  Map changes based on flood hazard information meant to improve upon that shown on the flood map or within the flood study. NOTE: Improvements to flood maps or studies that partially or wholly incorporate manmade modifications within the SFHA are not exempt from fees. Answers to Frequently Asked Questions about the Colorado 2013 Flood Event Q11: How have communities in other disaster areas regulated development to their locally adopted floodplain management ordinances in areas where the stream channel has shifted both horizontally and vertically? A11: Communities may use the “best available data” that is at their disposal for floodplain management purposes. In this process, the community would identify areas that they want to manage as a FEMA floodplain, although those areas are not included as a floodplain on the Flood Insurance Rate Maps. The community must identify and include these areas in its ordinance in order to have regulating authority. The Federal flood insurance requirement does not apply to structures in these more conservative areas. Q12: If community officials are interested in remapping their floodplains, what process do they need to follow, and what resources are available to them? A12: Through the Letter of Map Revision (LOMR) process, a community can submit scientific or technical data to FEMA to improve the flood hazard information shown on an effective Flood Insurance Rate Map (FIRM). A LOMR is one way FEMA modifies Base (1-percent-annual- chance) Flood Elevations (BFEs), base flood depths, floodplain boundaries, regulatory floodways, and other mapping features. All LOMR requests should be submitted through the Chief Executive Officer of the community, because the community must adopt any changes to the FIRM. Following a review of the community’s map revision request and the supporting data, FEMA will revise the mapping and the Flood Insurance Study report, if appropriate, by issuing a LOMR or by republishing these mapping products through the Physical Map Revision process. The LOMR application forms and cost information are available on the FEMA website at www.fema.gov/mt-2-application-forms-and-instructions. Because a LOMR officially revises the effective FIRM, it is a public record that the community must maintain. Any LOMR should be noted on the community’s master flood map and filed by panel number in an accessible location. For available resources, contact the Colorado Water Conservation Board to express interest in potential technical and financial resources. Q13: Can the temporary construction of bridges, utilities, bank stabilization, and shoring up buildings be exempted from local floodplain management requirements? A13: A community that participates in the National Flood Insurance Program (NFIP) requires permits for all development in Special Flood Hazard Areas (SFHAs) and ensures that construction materials and methods will minimize future flood damage This is true for both emergency protective measures and permanent work, even if the work is performed by the community and funded by FEMA (through the Public Assistance Program, for instance). Permits ensure that proposed projects meet both the requirements of the NFIP and the community’s floodplain management ordinance. Answers to Frequently Asked Questions about the Colorado 2013 Flood Event The CWCB encourages communities to develop procedures for issuing temporary floodplain development permits for emergency work. Temporary permits for emergency work must be limited to repairs necessary to restore access and vital services and to prevent further damages caused by erosion and bank failure. A temporary floodplain development permit must be valid for a limited period of time, i.e., 180 days. The permit may be renewed upon the condition that the applicant is working to meet the conditions of the local floodplain ordinance. Any work permitted under a temporary, emergency permit must use methods and practices that minimize flood damage. Any permanent repairs must meet the local floodplain regulations and adhere to all map change requirements, including the requirement to obtain necessary CLOMRs and LOMRs. The community should develop policies and procedures for issuing temporary, emergency permits that stipulate requirements for the information to be submitted and all permit conditions. Recommended Best Practices: Communities are encouraged to use the best practices for stream crossings and temporary crossings in the FEMA booklet Private Water Crossings, P-778, June 2009, available from FEMA at http://www.fema.gov/media-library/assets/documents/17542?id=3896 Emergency and temporary stream crossings should be sized and armored for the types of flood flows to be encountered during the life of the project, e.g., spring snowmelt runoff season, flash flood season, post-wildfire increased risk, etc. For situations where the watercourse alignment has been significantly altered and the FEMA- identified SFHA no longer reflects the area’s flood risk, the community may choose to use better data to administer the floodprone areas, even if they are not identified on the Flood Insurance Rate Map (FIRM). In such instances, the community would have to identify and adopt (by resolution) the new data for the floodplain administrator to have authority to regulate areas not shown on the FIRM and/or described in the community floodplain ordinance. A community must also review proposed development projects to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including those issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. Q14: Can the owners of extremely eroded properties rebuild using the effective Flood Insurance Rate Map? A14: FEMA recommends that these owners consult their local building department to determine the requirements, elevations, and any construction requirements that apply to the property. Q15: If a new river channel crosses a property so that a damaged structure is either impossible to repair or rebuild, or the rebuilding or repair would create a high risk of flooding in the future, what should a community do? Answers to Frequently Asked Questions about the Colorado 2013 Flood Event A15: Community officials are required to regulate based on their effective Flood Insurance Rate Map; however, they should give additional consideration in situations such as this to the dynamic nature of the stream channel. Those developing or redeveloping in the floodplain are required to obtain a floodplain development permit from their local floodplain manager in order to determine whether a building is substantially damaged. Substantially damaged flood-insured structures could be eligible for Increased Cost of Compliance coverage, which would help the owners rebuild in compliance with the current flood damage prevention standards. FEMA is coordinating with State and local governments to understand the extent of the stream migrations and to propose solutions, if required, for select areas. If the community would like to acquire or relocate such structures, the community and State can apply for funding from various Federal grant programs. For additional information on FEMA Mitigation Grant programs, contact the State of Colorado Hazard Mitigation Officer. i In order to assist the CWCB in carrying out its mission to protect the health, safety, welfare and property of the public, through the prevention of floods in Colorado, the CWCB requires the following: A. Detention/flood control storage and LID should be considered, when practicable, as part of a basinwide program for the watershed. B. Flood control channels shall include a low-flow channel with a capacity to convey the average annual flow rate, or other appropriate flow rate as determined through a hydro- geomorphological analysis, without excessive erosion or channel migration, with an adjacent overbank floodplain to convey the remainder of the 100-year flow. The channel improvement shall not cause increased velocities or erosive forces upstream or downstream of the improvement. C. Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed geomorphological analysis should be considered, when appropriate, to assist in determining the most appropriate design. D. Project proponents for a mitigation activity must evaluate the residual 100-year floodplain. Proponents are also encouraged to map the 500-year residual floodplain. E. All public and private flood control structures shall be maintained to ensure that they retain their structural and hydraulic integrity. Annual inspections including, as appropriate, field surveys of stream cross-sections, shall demonstrate to the appropriate regulatory jurisdictions that the project features are in satisfactory structural condition, that adequate flow capacity remains available for conveying flood flows, and that no encroachment by vegetation, animals, geological processes such as erosion, deposition, or migration, or by human activity, endanger the proper function of the project. If any significant problems, as identified within annual inspection reports, the facility or project owner shall notify the CWCB within 60 days of the inspection. The inspections shall be conducted by the local Answers to Frequently Asked Questions about the Colorado 2013 Flood Event jurisdiction for all publicly owned or publicly maintained facilities, and shall be conducted by the property owner or facility owner for all privately owned and maintained facilities. F. Any stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances. G. Any stream alteration activity shall be designed and sealed by a Colorado Registered Professional Engineer or Certified Professional Hydrologist. H. All activities within the regulatory floodplain performed by federal agencies using local or state funds, or by private, local or state entities shall meet all applicable federal, state and local floodplain requirements. I. Stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a Colorado Registered Professional Engineer, that there are no adverse floodway impacts resulting from the project. This requirement only applies on stream reaches with Base Flood Elevations established. J. No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions compared to existing conditions floodway. K. Whenever a Stream Alteration activity is known or suspected to increase or decrease the established Base Flood Elevation in excess of 0.3 vertical feet (or a more stringent standard adopted by the local government authority), a Letter of Map Revision showing such changes shall be obtained in order to accurately reflect the proposed changes on FEMA’s regulatory floodplain map for the stream reach. The local community is responsible for ensuring that this process is pursued. This section herein does not require a Conditional Letter of Map Revision to be applied for, unless mandated by the local government having land use authority. Page 1 of 5 ESTES VALLEY COMMUNITY RECREATION CENTER MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the “MOU”) is entered in to this ___ day of ____________, 2015 (the “Effective Date”), among Estes Valley Recreation and Park District (the “District”), Estes Park School District R-3 (the “School District”), Town of Estes Park (the “Town”), Destination Wellness Center (the “Wellness Center”) and the Estes Valley Public Library District (the “Library”) (collectively, referred to as the “Parties” and individually, as a “Party”). I. PURPOSE AND DURATION The Parties have entered into this MOU for the purpose of establishing certain terms, conditions and obligations regarding the financing, design, construction, ownership and operation of a community recreation center in the Town of Estes Park, County of Larimer (the “Rec. Center”). This MOU may be utilized by the Parties to provide information to the general public regarding the planned Rec. Center and the ballot issue that is expected to be placed on the November 3, 2015 ballot by the District (the “Ballot Issue”). This MOU shall remain in effect until the Ballot Issue results have been certified. Upon final certification of the Ballot Issue results, if the Ballot Issue has not been approved by the voters, this MOU shall terminate and be of no further force or effect. If the Ballot Issue is approved by the voters, this MOU shall remain in effect until the earlier of May 31, 2016 or execution by the Parties of any subsequent agreement that replace the MOU. II. COMMUNITY RECREATION CENTER The Parties hereby agree that the Rec. Center will be a joint use facility that provides space for the specific programming needs of each Party. The cost to construct the Rec. Center will be primarily covered by the voter-approved Ballot Issue, a contribution from the Town of twenty-five percent (25%) of the sales tax increase that was approved by voters on April 1, 2014 (“Sales Tax”), and any grants or donations the District receives. It is the intent of the Parties that the Rec. Center will be constructed on property currently owned by the School District, as described in Exhibit A of this MOU (the “School Property”). The District shall initiate and manage the design and construction of the Rec. Center, which is anticipated to include, among other features, the current indoor aquatic center, a leisure swimming pool, exercise rooms, weight rooms, two gymnasiums, locker rooms, an elevated track, childcare, child watch, teen space, an indoor community garden, senior center, digital library, CrossFit studio, health and wellness exam rooms, meeting space, and a commercial kitchen. The District shall, to the best of its ability, address the specific needs of each Party for their particular space when designing and constructing the Rec. Center (“Tenant Finishes”). The District intends to enter into a lease agreement with each Party for their respective space (the “Lease Agreements”). It is anticipated that the Lease Agreements will provide for the terms and costs of any Tenant Finishes. Additionally, the Parties intend to form an Advisory Committee (as defined below) that will provide the District with input and guidance throughout the design and construction process. Page 2 of 5 III. CONTRIBUTIONS BY THE PARTIES As provided above, the primary financing mechanism for the Rec. Center shall come with approval of the Ballot Issue. Supplemental funding through grants or other sources may be utilized and contributions from the individual Parties will be required to complete specific Tenant Finishes. Assuming voter approval of the Ballot Issue, it is anticipated that the Parties will make financial and other contributions in the form and manner provided below: a. District – The District shall provide funding to design and construct the entire Rec. Center. b. Town – The Town shall contribute the Sales Tax in accordance with the April 1, 2014 ballot language that was approved by the voters. c. School District – The School District shall convey the School Property to the District in accordance with the terms of a separate MOU that shall be entered into by the District and School District. d. CrossFit Estes Park – The Parties anticipate that CrossFit Estes Park will lease space in the Rec. Center. If CrossFit Estes Parke leases space from the District, all contributions necessary to design and construct any required Tenant Finishes for the approximately 1,680 square foot health, fitness and wellness studio shall be memorialized in the Lease Agreement with the District. e. Wellness Center – The Wellness Center shall contribute the funding necessary to design and construct required Tenant Finishes for its health and wellness exam rooms. f. Library – The Library shall contribute the funding necessary to design and construct required Tenant Finishes for the digital library portion of the Rec. Center, g. Other Participants – All other participants shall provide program input to the Advisory Committee and make contributions to the Rec. Center that are consistent with their specific lease or facility use agreements. IV. ADVISORY COMMITTEE The Parties have determined that, if the Ballot Issue is approved by voters, they will form a committee that will provide advice and guidance regarding all matters related to the design, construction and ongoing operation of the Rec. Center (“Advisory Committee”). This Advisory Committee shall not have authority to institute binding decisions upon the Parties but instead will serve as a means for the Parties to cooperate and address concerns and issues relating to the Rec. Center. The Advisory Committee shall consist of the following members: two (2) representatives from the District, one (1) representative from the Town, one (1) representative from the School District, one (1) representative from the Wellness Center and one (1) representative from the Library. Page 3 of 5 V. OWNERSHIP OF FACILITY The Rec. Center will be owned and primarily operated by the District. It is the intent of the Parties that the Rec. Center will consist of seamless portions that will be controlled by each individual Party who will staff and operate their area in compliance with their respective Lease Agreement. The Parties recognize that portions of the Rec. Center will be used as shared space and the District will be responsible for coordinating the management, operation and staffing of such shared areas. Certain areas such as the existing lap swimming pool will be jointly used and programmed by more than one Party. It is anticipated that the Lease Agreements and, if necessary, other agreements will address the joint use and operation of these shared areas. VI. OPERATION OF RECREATION CENTER The District shall operate the entire facility and pay all costs associated with its regular operations including utilities and general maintenance, fire and security systems, technology systems, upkeep and housekeeping, customer service and relations, as well as exterior maintenance of the parking lot, landscaping and/or future park areas on the property. The Parties will provide staff to manage and operate their specific portion of the Rec. Center in coordination with District management of the Rec. Center. VII. FURNISHINGS AND EQUIPMENT The District shall fund and provide the common furnishings and equipment such as tables, chairs, lamps and supplies. The Parties agree that each respective party shall fund and provide the specialty furnishings and equipment to outfit each of their respective portions of the Rec. Center. The Parties also agree that the District will provide all disposable cleaning/housekeeping supplies for all areas of the Rec. Center. VIII. PROJECT MANAGEMENT The Parties agree that the District will be responsible for the design and construction management of the Rec. Center and the other Parties will have input into those facets of the project through the Advisory Committee. IX. FIRE AND CASUALTY INSURANCE The District shall maintain fire and extended coverage insurance on the Rec. Center in such amounts as are deemed appropriate for fire and extended coverage insurance on all personal property located in the premises. X. LIABILITY INSURANCE The District shall maintain liability insurance in an amount to be agreed upon by the Parties, upon advice from qualified insurance professionals, for all activities and operation of the Rec. Center. The Parties intend that a unified insurance policy apply to the entire Rec. Page 4 of 5 Center so as to avoid conflicts concerning insurance coverage when claims arise. The Parties shall agree upon what additional insurance, if any, is required for the separate operations of each of the Parties, and for policies concerning release of liability for users of the Rec. Center. The Parties represent that their possession, occupancy, and use of the premises will comply with all applicable federal, state, county and Town laws and regulations. Nothing herein shall constitute a waiver of the privileges and immunities provided to the Parties under Colorado law, including but not limited to the Colorado Governmental Immunity Act, Sec. 24-10-101, et seq., C.R.S. XI. AVAILABILITY OF FUNDS The obligations of the Parties to expend any money are contingent upon the continued availability of appropriated funds for each such Party. Any expenditure pursuant to this MOU or implementing agreements shall only be made from available funds appropriated by the respective Party. XII. NON-BINDING The Parties acknowledge that construction and operation of the proposed Rec. Center depends upon obtaining voter approval of the Ballot Issue plus securing additional funding through grants and other sources and that the Parties cannot fund the project from their current budgets. The Parties agree to participate in this project as stated in this MOU, but otherwise do not undertake any obligation with respect to the Rec. Center. Each Party retains its independent authority to decide whether to expend funds for any aspect of the Rec. Center beyond what is set out in this MOU. Each Party agrees to negotiate with the others in good faith to complete the additional agreements indicated in this MOU, but retains its independent authority to determine whether to enter into any such agreements. XIII. SIGNATURES In witness whereof, the Parties, through their authorized representatives, have executed this MOU on the dates set forth below and certify that they have read, understood and agree to the terms and conditions of this MOU as set forth herein. This MOU may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same. [Remainder of Page Left Blank Intentionally, Signature Page Follows] Page 5 of 5 [Signature Page to Estes Valley Community Recreation Center Memorandum of Understanding] ESTES VALLEY RECREATION AND PARK DISTRICT: ____________________________________ Board President ____________________________________ Attest TOWN OF ESTES PARK: ____________________________________ Mayor ____________________________________ Attest ESTES PARK SCHOOL DISTRICT R-3: ____________________________________ Board President ____________________________________ Attest DESTINATION WELLNESS CENTER: ____________________________________ Board President ____________________________________ Attest ESTES VALLEY PUBLIC LIBRARY DISTRICT: ____________________________________ Board President ____________________________________ Attest 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: October 22, 2015 RE: Interview Committee for the Transportation Advisory Board Objective: To appoint Town Board members to the interview committee for the one position open on the Transportation Advisory Board. Present Situation: The Transportation Advisory Board is currently made up of nine volunteer community members. The Board currently has one open position with Corey LaBianca stepping down. The open position would complete the vacated position with a term expiring on March 31, 2018. Administrative Services has posted the position and received one application to date. 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 opening. 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. Interview Committee for the Downtown Plan Steering Committee Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 22, 2015 RE: Interview Committee for the Downtown Plan Steering Committee Objective: To appoint Town Board members to the interview committee for the eleven positions on the Downtown Plan Steering Committee. Present Situation: The Downtown Plan Steering Committee was formed with the passage of Resolution #16-15 by the Town Board at the October 13, 2015 meeting. The committee is to consist of eleven (11) committee members appointed by the Town Board and four (4) members appointed by staff. The positions will be for approximately 9 months to work with the consultant to help development a Downtown Plan. The positions are currently being advertised through November 2, 2015 with a goal to hold interviews and appoint members at the second Town Board meeting in November. 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 Downtown Plan Steering Committee opening. 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 Downtown Plan Steering Committee interview panel.