HomeMy WebLinkAboutPACKET Town Board 2019-06-25The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, June 25, 2019
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. 2019 STRATEGIC PLAN UPDATE.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 11, 2019 and Town Board Study Session Minutes
dated June 11, 2019.
3. Estes Valley Planning Commission Meeting minutes dated May 21, 2019 and Study
Session minutes dated May 21, 2019 (acknowledgment only).
4. Transportation Advisory Board Minutes dated May 15, 2019 (acknowledgment only).
5. Parks Advisory Board Minutes dated May 16, 2019 (acknowledgment only).
6. Addendum to Professional Services Contract for an optional transition of FullStack
staff to Town staff with Cramer Development Inc. dba FullStack.
7. Addendum to Professional Services Contract for an optional transition of eStraegy3
staff to Town staff with eStrategy3, LLC.
8. Broadband agreement for cloud-based telephone services with Alianza Inc. as
budgeted within Broadband.
9. Professional Services Contract with Ridgesight, LLC for project management and
various technical services as budgeted within Broadband.
10. Resolution 15-19 to support the grant application for a Great Outdoors Colorado
Connect Initiative to construct a phase of the Fall River Trail Extension project.
11. Resolution 16-19 Setting the Public Hearing date of July 9, 2019 for a New Lodging &
Entertainment Liquor License filed by CS & CS LLC, dba Coffee on the Rocks, 510
Moraine Avenue, Estes Park, CO 80517.
12. Revised Policy 650 - Town Investment.
Prepared 06-14-2019
*Revised 06-21-2019
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #8, SUNDANCE CONDOMINIUMS,
1400 SIERRA SAGE LANE, KINLEY INVESTMENT, NATHAN KINLEY,
OWNER/APPLICANT. Planner Woeber.
A request to continue item to July 23, 2019.
2. ACTION ITEMS:
A. PRELIMINARY PLAT, GRADY MINOR SUBDIVISION, 625 W. ELKHORN
AVENUE, PANORAMIC ESTES, LLC/OWNER. Planner Woeber.
A request to subdivide one parcel into two legal lots.
B. ORDINANCE 09-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE
SECTIONS 9.2 AND 9.3 TO REMOVE RESTRICTIONS THAT LIMIT PLANNED
UNIT DEVELOPMENTS (PUDS) TO THE CO (OUTLYING COMMERCIAL)
ZONING DISTRICTS. Planner Woeber.
Amend the EVDC, PUD Chapter so that PUD would no longer be limited to only
the CO Zoning District. Continued from the May 14, 2019 Town Board Hearing.
ACTION ITEMS:
1. APPROVE APPOINTMENT OF STIFEL, NICOLAUS & COMPANY, INC. AS BOND
UNDERWRITER FOR THE 2019 POWER AND COMMUNICATIONS REVENUE
BONDS. Director Hudson.
To fund completion of the smart meter system and installation of a fiber-to-premises
broadband network.
2. RESOLUTION 17-19 TO APPROVE THE USE OF DESIGN BUILD CONCEPT FOR
BROADBAND NETWORK CONSTRUCTION. Line Superintendent Joe Lockhart.
Provides ability to negotiate contracts for build out of Broadband and provides Mayor
authority to enter into agreements and sign related purchase order.
3. RESOLUTION 18-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson.
Amend the budget for unanticipated projects and operating expenses, including new
Town Attorney Department, moving code enforcement to Police Department, Special
Election costs, etc.
4. ORDINANCE 15-19 AMENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Planner Woeber.
Request to extend the temporary moratorium established by Ordinance 07-19 and as
extended by Ordinance 14-19 for any application and review of any park and
recreation facilities, in any residential zoning district to August 19, 2019.
5. INTERVIEW COMMITTEE FOR ESTES VALLEY BOARD OF ADJUSTMENT. Town
Clerk Williamson.
6. MEDICAL INSURANCE PLAN MID-TERM ADJUSTMENT. Director Williamson.
ADJOURN.
*
2
2019 Strategic Plan Progress Report
Board Objectives
Responsible On Behind Hold/Done*%
KEY OUTCOME AREAS Depts. Track Schedule tabled Complete Comments
I.ROBUST ECONOMY - Diverse, healthy year-round economy
A Accelerate code updates and improvements
Community Development n/a
Four EVDC amendments have been approved to date in 2019. Two (Park and Rec, and PUDs) were continued and are
pending at Town Board. Planning Commission has two more amendments on their June business agenda and a 3rd on
their SS agenda.
B The Board will discuss and give direction on implementation of the Downtown Plan.Community Development n/a Planning Commission has been asked to consider height increase to 4 stories (approx. 50-55 feet), per the Plan. Elected
not to put on June Study Session. Staff will make case for July SS consideration.
C
Where appropriate, the Town will play a supportive role with specific local and/or regional
economic development projects, including but not limited to those outlined in the EDC Economic
Strategy Plan
Administration ongoing
This should be converted to a policy statement and not an objective
D Continue to participate in local, regional, and state economic development.Administration ongoing This should be converted to a policy statement and not an objective
E Construct and maintain a high-speed broadbadn network for businesses and residents
Utilities ongoing
Construction to the curb is complete in Ranch Meadows (Raven Circle). Service will be available at the end of July.
Constrcution in Carriage Hills has begun. Service in Carriage Hills will be rolled out from end of 2019 through the second
quarter of 2020.
II.INFRASTRUCTURE - Reliable, efficient, up-to-date
A
Engage the Community in discussions of the role of renewable energy in Estes Park Utilities 50%
PRPA is leading Public education and outreach. , e.g. PRPA will be 50% renewable by 2021. Third party solar is
possible with the executed PRPA Agreement. Community Development is working on Wind power regulations and has
developed a draft policy.
B Develop a facilities needs assessment Public Works 25%Facilities staff has advertized the Request for Proposals. Consultant proposals are due Thursday June 20.
C Pursue funding for flood mitigation projects Public Works 60%Stormwater Master Plan completed. Draft CHAMP floodway maps has been received. PW has contracted with AECOM
to prepare and submit a $25 million Federal BUILD grant application in July 2019.
D
We will prioritize and pursue projects and funding to reduce flood risk and flood insurance costs
for the property owners and businesses of the Estes Valley Public Works 60%The proposed Stormwater Utility has been placed on hold. See progress comments above
E Implement recommendations of stormwater master plan (Contingent on Board Action)Public Works 25%The proposed Stormwater Utility has been placed on hold. See progress comments above
F Develop options for upgrading and improving Cleave Street Public Works 5%Funds for consultant design budgeted in 2019. RFP will not be initiated until last quarter 2019 after construction season
is complete.
G
Reliable year round raw water supply for both treatment plants Utilities 80%
Three Water Court applications were filed December of 2018 to obtain enough stream flow rights out of the BIg
Thompson River for the Glacier Plant. We are having discussions with the USDA on funding for a new raw water intake
in the Big Thompson.
III.EXCEPTIONAL GUEST SERVICES - preferred CO mtn destination,
exceptional guest service
A
Partner with other entities to conduct a Visitor Needs Survey (year 2)Administration 90%
2018 portion of the survey completed as planned. Project will continue into 2019. The survey began in June
and responses will be gathered through spring of 2019. We are expecting the final results sometime soon
from VEP.
IV.PUBLIC SAFETY, HEALTH AND ENVIRONMENT - safe place to live,
work, and visit
A Participate as partner in the County's regional wasteshed planning Administration 95%Plan is completed and partner communities are working on the IGA. The Wasteshed group will be presenting
to the Town Board on April 9th. We continue to participate in the PAC and the TAC for this project
V.OUTSTANDING COMMUNITY SERVICES - safe place to live, work,
and visit, with housing available for all
A
Define housing needs and identify potential plans for action. Develop a strategy for addressing
workforce housing demands, reflecting the housing needs assessment implementation strategies Administration 75%
The Town Board Ad-Hoc Task Force on Workforce Housing and Childcare has delivered its recommendations on the
Town's role in workforce housing to the Town Board. Further action on addressing housing needs is on hold until the
Town Board decides which of the recommendations, if any, to implement.
B Develop and adopt appropriate code changes to encourage housing development Community Development n/a An amendment is in progress to refine density measurement; if adopted, this would rationalize how density for workforce
housing is calculated. Staff will discuss with PC in July Study Session.
C Revise code definition of Workforce for housing purposes Community Development 100%
EVDC 11.4.C.4 defines as follows: "Workforce Housing. Housing units shall be eligible for the Maximum Permitted
Density Bonus (Sec. 11.4.D) if at least one (1) resident in each housing unit annually submits an affidavit, including a
copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3
Boundary Map."
D Explore code changes that could encourage childcare services
Community
Development/Administr
ation
50%
Recommendations from the Family Advisory Board were made to the Town Board regarding the Special Review
standard for Day Care Centers and Large Family Home Day Cares. Staff is waiting on Town Board direction as to
whether or not they wish to address this.
3
E Begin implementation of the Downtown Plan Community Development
See Item I.B. Also, a Code amendment to increase downtown (CD) District zoning height for buildings to allow four full
stories is aimed at Planning Commission review this spring or summer. Complete Streets policy adopted. Wayfinding
program inititated.
D Revisit revisions and updates to the Stanley Historic District overlay zone.Community Development This item is on hold pending discussion with Town Board on the Film Center proposal.
VI.GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - high-quality,
reliable, basic muni services for citizens, guest and employees, while
being good stewards of public resources
No Objectives in 2019
VII.TRANSPORTATION - safe, efficient, well-maintained multi-modal
systems for peds, vehicles and transit
A
Pursue new peds crossing on Highway 7 with CDOT Public Works 85%
New rectangular rapid flash beacon at Graves included in CO7 design drawings and construction is in
progress. Existing crosswalks at First, Manford, Graves, and Lexinton to be refreshed. No new crosswalks
under consideration.
B
Develop wayfinding plan for downtown neighborhood, as determined by Downtown Neighborhood Plan
Community
Development/Public
Works
50%The Wayfinding plan draft document 75% complete. Proposed sign and kiosk locations established. Updated design
information has been received from the design consultant.
C Implement and install downtown wayfinding signage Public Works 40%The Wayfinding Plan and implementation includes signage locations, design and installation. Street and trail
workload consuming staff work output capacity and delaying this project
D
Pursue acquiring an additional electric trolley and supporting charging stations Public Works 60%
Electric trolley #1 is ordered. Delivery expected late 2019. CDOT has approved scope of work and confirmed funding
availability for trolley #2 & charging station. Waiting for final contract from CDOT. Target procurement of the charging
station is late 2019 and October 2019 for trolley #2.
E Continue to explore opportunities for funding expansion and operation of our shuttle system.Public Works 0%These service proposals were not funded in the 2019 budget. This will be revisited in 2020 thru new funding such as GF
or paid parking revenue.
F
Work to enhance shuttle services in town.Public Works 60%
Redesigned map/schedule brochure and updated signage are complete. Maps to be distributed by June 20. Route
changes will be implemented in 2019, and rider feedback will be monitored. Real-time vehicle tracking app has been
extended to special event shuttle service
G Discontinue free shuttle services to areas outside of town limits Public Works 100%This decision is implemented.
H Coordinate operating season of Town Shuttle system with RMNP Hiker Shuttles Public Works 0%This service proposal was not funded in the 2019 budget. This will be revisited in 2020 thru new funding such as GF or
paid parking revenue.
I Bring back the Green route for employees.Public Works 0%This service proposal was not funded in the 2019 budget. This will be revisited in 2020 thru new funding such as GF or
paid parking revenue. Potential benefit is greater for vistors than employees.
J
Pursue funding opportunities for construction of the Fall River Trail Public Works 90%
PW has secured $650k in grants and $400k in EVRPD cost sharing. A GOCO grant application was submitted for an
additional $2.105M in grants, another $300k in EVPRD cost sharing, and a $10k contribution from Larimer County Open
Lands. Total estimated cost for all phases of the project is $7.5M (2019 dollars). Grant applications denied for $100k to
CO Health Foundation and $5k to People For Bikes. A FLAP grant application was submitted for funding to complete this
trail in 2023-2025.
VIII.
TOWN FINANCIAL HEALTH - maintain a strong and sustainable
financial condition
A Explore areas for enhancing Town revenue Administration/Finance MJ discussions on hold pending petition drive. Annexation policy in the queue for Com. Dev.
B Review the Town's policy on marijuana sales Town Board/
Administration 0%This is on hold pending the petition process and potential initiative.
C Adopt an annexation policy to aggressively pursue annexations Community
Development 35%Will be addressed during 2019 in connection with IGA review process.
D
Review current policy of maintaining a 20% unallocated fund balance in the
General Fund. Consider increasing the fund balance %Finance 5%Working on 2018 year end numbers. Do not anticipate much work on this until final 2018 balances are known
and audit is near complete. Study Session scheduled for July 9th
* for multi-year projects, DONE refers to the portion of the project planned for the current year.
4
Town of Estes Park, Larimer County, Colorado, June 11, 2019
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 11th day of June, 2019.
Present: Todd Jirsa, Mayor
Cody Rex Walker, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Walker/Cenac) to approve the Agenda with the addition
of Report Item 2 for the Workforce Housing and Childcare Task Force Report, and
it passed unanimously.
It was moved and seconded (Walker/Norris) to amend the Agenda to add Action Item
4 to consider an amendment to Policy 101 to appoint Assistant Town Administrator
Machalek to the Economic Development Corporation Board of Directors, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS
Trustee Cenac stated the Rooftop Rodeo parade would be held July 9 with the Rodeo
being held on July 8 through July 13.
Trustee Norris commented the Estes Valley Planning Commission would be held on June
18. He provided clarification on statements he has heard related to the Comprehensive
Plan and the IGA between the Town and County for planning, including the Town has not
directed the County on the IGA; the Town Board has not decided to end the IGA; the
Town would like to work with the County on managing land use in the valley; both elected
boards want to receive public input; and a possible extension of the IGA could take place
to allow more time for public input pending processes for gaining public input. He clarified
a statement made at the May 28 meeting by Attorney White in which a grandfathered
non-conforming use could not be rebuilt if damaged more than 50%. He stated the
Development Code Section 6.6 does allow the structure/use to be rebuilt with the previous
footprint as long as it begins within one year of the damage and completed within three
years. He stated the proposed Development Code amendments related to expanding
uses on grandfathered, non-conforming structures and commercial uses would be a
conflict of interest for Trustees and/or family members impacted by the code amendment.
He stated the Board member(s) should recuse themselves as outlined in the Board’s
Code of Conduct.DRAFT5
Board of Trustees – June 11, 2019 – Page 2
Trustee Zornes stated he attended the Behavioral Health Advisory Council meeting and
next month recommendations would be made to the County Commissioners for
consideration.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated May 28, 2019 and Joint Study Session Minutes dated
May 15, 2019.
3. Estes Valley Board of Adjustment Minutes dated February 5, 2019, March 5, 2019
and May 15, 2019 (acknowledgment only).
4. Co., Inc., for $1,300,413.50 Budgeted.
5. Contract for 2019 Shuttle Services with RAPT Dev USA, dba Rocky Mountain
Transit Management for $388,561.76 Budgeted.
It was moved and seconded (Norris/Zornes) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Sidles and
PAO Patterson provided a review of visitation which has increased significantly
with 4.7 million. Rocky Mountain National Park is the third most visited park in
the federal system. The Park continues to address the day use visitor and
develop an access strategy through a review of park resources, staff and visitor
safety, visitor experience and park operations and facilities. The Park would hold
a meeting with the stakeholders for feedback on potential concepts for the day
use visitor impact, complete public engagement, and environmental processes
to follow. The Park continues to receive comments from day users on the
congestion and the desire to not visit in the future. The Park has had issues with
hiring and retaining employees due to the increase cost of housing of 41% over
the last five years and salaries only increasing by 8%. The Park has received
funding to create housing including bunk housing and tiny houses. Paving
projects this summer would include Trail Ridge Road, Bear Lake and all the
parking lots. The Exotic Plant Management Plan has received a finding of no
significant impact; therefore, the plan will move forward to implementation.
Planned prescribed fires were conducted this fall, and weather permitting there
are plans to do additional fires for fuel mitigation south of Trail Ridge Road south
and west of headquarters. Fall River Entrance environmental assessment
finalized with plans for implementation in 2022 with an additional fast pass lane.
The Alluvial Fan trail repairs would address flood repairs with a large portion of
the trail to be accessible. The Aspenglen campground connector trail would be
built this fall to connect to the Town’s trail along Fall River.
2. WORKFORCE HOUSING AND CHILDCARE TASK FORCE REPORT.
Assistant Town Administrator Machalek provided an overview of the Ad-Hoc
Workforce Housing and Childcare Task Force recommendations for the Town
Board on strategies and tactics to address Workforce Housing and Childcare
issues. Workforce housing discussions brought forward the need for year-round
workforce housing and seasonal workforce housing. Childcare discussions
confirmed the need for infant and toddler care, community awareness of the
issue was lower than workforce housing need, less referenced as a problem for
employers, and an increase need for financial assistance. Recommendations
for workforce housing and childcare include the need to draft, adopt and publish
workforce housing guidelines; draft and adopt funding policy to guide future Town
investments in childcare facilities; coordinate community efforts for childcare; DRAFT6
Board of Trustees – June 11, 2019 – Page 3
participate in Housing Authority Led and County childcare strategic planning
efforts; provide financial support through the use of annual surplus General Fund
revenues to support one-time expenditures, and increase ongoing budget
funding for utility tap subsidies; future consideration of a dedicated funding
source such as a sales tax; adapt Estes Valley Development Code to incentivize
housing, implement downtown plan and ensure the Comprehensive Plan
updates consider workforce housing needs; utilize Town owned land to develop
housing and childcare; and ensure accountability by designating the Assistant
Town Administrator as a lead position and incorporate workforce housing and
childcare into the strategic plan. The next steps would be to identify those
recommendations the Town Board would incorporate into the 2020 strategic plan
for the Town.
3. LIQUOR ITEMS:
1. TRANSFER FERMENTED MALT BEVERAGE OFF PREMISE LICENSE
FROM SHAMBALA INC. DBA FAMOUS EASTSIDE GROCERIES TO LUCKY
7 LLC DBA FAMOUS EASTSIDE GROCERIES, 381 S SAINT VRAIN
AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson reviewed the
application and stated all paperwork and fees had been submitted. A temporary
permit was issued to allow the licensee to operate the business while completing
the transfer process. Mr. and Mrs. Mahlik were presented and stated they have
over 40 years of experience running liquor establishments and understand the
laws and compliance issues. It was moved and seconded (Zornes/Martchink)
to approve the Transfer of the Fermented Malt Beverage Off Premise
License from Shambala Inc. dba Famous Eastside Groceries to Lucky 7
LLC dba Famous Eastside Groceries, 381 S Saint Vrain Avenue, and it
passed unanimously.
4. ACTION ITEMS:
1. ADOPTION OF THE STANLEY PARK MASTER PLAN UPDATE. Director
Hinkle presented the Stanley Park Master Plan update which would guide future
development at Stanley Park, including the Events Complex, Museum and
recreational park. The plan addresses and evaluates new facilities, circulation
improvements, recreational and educational opportunities, and pedestrian
connections. It was moved and seconded (Norris/Bangs) to adopt the Stanley
Park Master Plan update, and it passed unanimously.
2. ORDINANCE 12-19 ADOPTING THE 2018 MODEL TRAFFIC CODE. Director
Muhonen provided a review of the items addressed since the first reading at the
May 14, 2019 Town Board meeting. He stated adoption of the 2018 Model Traffic
Code would replace the current appendix with the new provisions outlined in Title
10 of the code. Year-round enforcement of all parking regulations would be
implemented with the exception of the seasonal time restrictions where posted
downtown. The new code proposes a change to the loading zones and would
add a time limit of 30 minutes. Staff would bring forward additional amendments
to address enforcement issues. He noted violation fines would be handled
through a third party contracted through the Town to address unpaid fines. This
would alleviate the administrative burden on staff.
John Meissner/Town citizen questioned how tickets are currently being issues
prior to the adoption of the proposed ordinance. Director Muhonen stated the
Town has an adopted ordinance which currently addresses time limits in parking
lots.
It was moved and seconded (Martchink/Bangs) to approve Ordinance 12-19,
and it passed unanimously.
3. ORDINANCE 14-19 EXTENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Planner Woeber requested an extension DRAFT7
Board of Trustees – June 11, 2019 – Page 4
of the moratorium for application and review of any park and recreation facilities,
in any residential zoning district, to August 12, 2019 within the town limits, He
stated the ordinance would not impact properties within the unincorporated
county. After further discussion, it was moved and seconded
(Martchink/Bangs) to approve Ordinance 14-19, and it passed with Mayor Pro
Tem Walker recusing himself and Mayor Jirsa voting “No”.
4. AMENDING POLICY 101
It was moved and seconded (Walker/Norris) to appoint Assistant Town
Administrator Machalek to the Economic Development Corporation Board of
Directors replacing Town Administrator Lancaster, and it passed unanimously.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Norris/Zornes) to discuss a personnel matter
under Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees
who have requested discussion of the matter in open session; any member of
the Town Board (or body); the appointment of any person to fill an office of
the Town Board (or body); or personnel policies that do not require discussion
of matters personal to particular employees – Town Administrator position,
and it passed unanimously.
The Board entered Executive Session at 8:55 p.m. and concluded at 9:07 p.m.
Mayor Jirsa reconvened the meeting to order at 9:08 p.m.
TOWN ADMINISTRATOR CANDIDATE SELECTION
It was moved and seconded (Walker/Cenac) to name Travis Machalek as a candidate
finalist for Town Administrator and between now and June 25 an interview process
will be conducted by the Town Board, a stakeholder group and by town employees,
and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:09 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT8
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10
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
May 21 , 2019
Board Room, Estes Park Town Hall
1
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Robert Foster, Steve Murphree, Frank Theis
Attending: Leavitt, White, Smith, Foster, Murphree, Theis
Also Attending: Director Randy Hunt, Town Attorney Greg White, Town Board Liaison
Ron Norris, Planner II Brittany Hathaway, Planner I Linda Hardin,
Recording Secretary Karin Swanlund
Absent: None
Chair Leavitt called the meeting to order at 6:00 p.m. There were 9 people in attendance.
1.OPEN MEETING
2.APPROVAL OF AGENDA
It was moved and seconded (White/Smith) to approve the agenda as presented and
the motion passed 6-0.
3.PUBLIC COMMENT
none
4.CONSENT AGENDA
Approval of April 16, 2019 Planning Commission meeting minutes.
Approval of April 16, 2019 Study Session minutes
Large Vacation Home, 641 Sanborn Drive
Chair Leavitt made some minor changes to the Study Session minutes, which will be
updated by the recording secretary.
It was moved and seconded (Foster/White) to approve the minutes as amended and
consent agenda as presented and the motion passed 6-0.
5.MINOR SUBDIVISION, 625 West Elkhorn Ave Planner II Hathaway
Planner Hathaway reviewed the application for a minor subdivision. The proposal entails
creating two legal lots from one unplatted parcel. Lot 1 will include one existing single-
family home and detached garage and Lot 2 will include the other existing single-family
home. Existing improvements will meet all dimensional and density standards for each lot.
Staff recommended approval of the Preliminary Minor Subdivision Plat.
Commission Discussion:
There is no additional construction planned at this time.
11
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
May 21 , 2019
Board Room, Estes Park Town Hall
2
Applicant Discussion:
Lonnie Shelton, Van Horn Engineering, reviewed the names of the former residents of the
house. The lot orientation runs North/South. There are two addresses and two access
points for the existing homes.
Lauri Grady, owner, spoke on the history of the house and her restoration projects. The
house currently has a Bed and Breakfast license.
Public Comment:
Pat Newsom, town resident, inquired what the property was zoned, stating concerns with
Vacation Home rentals.
It was moved and seconded (Foster/Murphree) to recommend approval to Estes Park
Town Board of Trustees and the Board of Larimer County Commissioners of the
Preliminary Plat of the Grady Minor Subdivision as presented to the according to
findings of fact, including findings recommended by Staff. The motion passed 6-0.
6.REPORTS:Director Hunt
A)This is the first meeting taking place at 6:00. The attendance will be reviewed after six
months and the meeting times will be revisited.
B)Code Compliance has been moved to the Police Department
C)Vacation Homes will now be administered by the Town Clerk
D)Study Session items discussed:
Code Amendment prohibiting Gated Communities
Downtown Plan/building height increases
Parking for density bonus developments
Zoning vs Development (nonconforming lots)
2008 Wildlife Study-implementing into Development reviews
There being no further business, Chair Leavitt adjourned the meeting at 6:35 p.m.
_________________________________
Bob Leavitt, Chair
_________________________________
Karin Swanlund, Recording Secretary
12
Town of Estes Park, Larimer County, Colorado May 21, 2019
Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes
Valley, Larimer County, Colorado. Meeting held in Rooms 202/203 of Town Hall.
Commission:Chair Leavitt, Vice Chair White, Commissioners, Foster, Murphree, Smith,
Theis
Attending:Leavitt, Theis, Murphree, Smith, White, Foster
Also Attending:Town Attorney White, Town Board Liaison Norris, Director Hunt, Planner II
Hathaway Planner I Hardin, Planning Tech Claire Kreycik, Senior Planner
Woeber, and Recording Secretary Swanlund
Absent:none
Chair Leavitt called the meeting to order at 3:30 p.m.
There were 10 people in attendance. This study session was streamed and recorded on the Town of
Estes Park YouTube channel.
Vacation Home Cap/Review Dates
Director Hunt stated that staff is not recommending raising the cap. The wait list is currently at 30.
Having the renewal date in April is not feasible, as the closing date for Vacation Homes isn’t until
March 31. Staff would like to change the code language from April of every year to the Second
Quarter of every year (April, May or June). This gives more leniency for processing and compiling
information. A June code amendment should be attainable for doing this. Leavitt noted that Vacation
Homes raise the selling price of real estate, and he requested that be listed as a disadvantage in the
staff report. A decrease in the cap would allow more properties to be available for long term rental.
Hunt reported that administration for Vacation Home’s is being transferred to the Town Clerk and
Code Compliance is being transferred to the Police Department. It was requested that the Board of
Trustees look at the IGA to see if this move is allowed.
Linda Hardin is now acting as Planner I.
Gated Communities Code Amendment
Claire Kreycik reviewed the upcoming Code Amendment disallowing Gated Communities. The main
objective is to ensure safety to residents. Police and fire departments are not in favor of gated
communities for this reason. There has been a pre-app submitted requesting a gated community;
this amendment would be giving direction to this proposal. The current gated communities would be
grandfathered. This would apply to communities of three homes and above. PC has jurisdiction over
private roads, town and county have jurisdiction on public roads. Where do livestock gates fit in to
this amendment? Larimer County Engineering is in favor of this restriction. Theis asked why amend
the code when the PC needs to approve plans anyway. Researching what Larimer County policy is
was suggested.
Wildfire Project
Planner Hathaway gave a quick rundown of the Wildfire project. It includes annexation, rezoning,
subdivision plats, and development plans for single family homes (14), townhomes (26) and condos
(88). The next PC meeting (June) will hear the rezone and preliminary plat, August PC meeting
would hear the Development Plan. The applicant is asking for a density bonus on the 88 condos,
which will be deed restricted, market rate workforce housing. The Town Board will make a decision
on the pre-annexation at the May 28 meeting. If it is denied, the project could still be reviewed, but
with Larimer County engineering. There is no town policy for annexation, it is strictly discretionary
Grady Minor Subdivision
Planner Hathaway reviewed the application for a Minor Subdivision at 625 West Elkhorn. The
property is currently unplatted and the owner wants to create two lots from the single lot.
Parking memo-Ayres Associates
Planner Woeber discussed the evaluation that Ayres Associates did for residential parking. The
current code recommends 1.75 spaces per unit. Staff is recommending 1.7 parking spaces per unit
for one to three story units which matches the ITE manual. The study excluded employee housing,
which needs be clarified. Wind River and Grand Estates will be a good test to see how the density
bonus affects parking in new developments. Hunt stated that Ayres will be researching all of the 13
Planning Commission Study Session May 21, 2019 – Page 2
density bonus issues in the near future. Foster asked why not go with the 1.8 number that is being
used for the Wind River project since this project is more site specific than the ITE.
Mountain Coaster update
Attorney White discussed the May 1 decision on the appeal on the Board of Adjustment decision to
approve the staff decision of reviewing the Mountain Coaster Development Proposal at a staff level.
The Judge ruled that the BOA should have been the body that decided the Use Classification and
that a Location & Extent review should have been used due to the fact that our Code does not specify
that private property isn’t subject to an L & E review. This is in direct conflict with the previous ruling
by another Larimer County District Court Judge. The BOA will decide whether or not they want to
appeal this decision at their June 4 meeting. It is possible for the PC to get this remanded back to
them, therefore quasi-judicial (ex-parte) is still in effect. There is no current injunction keeping the
Mountain Coaster from moving forward.
Hunt noted that the Park and Recreation code amendment will be on the Town Board agenda on May
28. There are complications and concerns due to the recreation use inventories currently taking
place in residential zones.
Downtown Height Increase
Planner Woeber discussed the height restrictions in the Commercial Downtown zoning area.
Currently there is a 30 foot height limit. The 2017 Downtown Plan suggests that three story buildings
be allowed. Hunt added that this is resurfacing due to the Town Board questioning what is happening
with the Downtown Plan. Theis noted that consideration should be taken into account in regard to
sun/shadows; raising the height on the north side of Elkhorn does not cause as much of a shadow
affect. Town Board is looking at 2020 to begin implementing the Downtown Plan. Bringing this to the
PC now gives reasonable deliberation time. Distribution of the plan to Commissioners and Trustees
would be a good idea.
Zoning vs Development
Director Hunt explained the subject stating that it arose from the rezone that recently took place on
Dry Gulch Road. We should be cautious rezoning properties that leave them nonconforming; this
was not done in the 2000 rezoning process. Usage of adjacent properties should be taken into
consideration. Without a new comp plan, it is hard to identify conditions and move forward with
zoning change proposals.
Redevelopment protocol is needed. Norris stated that to combat the comp plan we should make
decisions based on the current plan and clearly spell out the basis for findings beyond the comp plan.
Foster asked what the plan is related to the IGA as we are in a deadlock until that is figured out.
Norris answered that the staff and elected officials within the two organizations are not in alignment
with each other. The town has taken the lead on how to move forward. Staff level discussions
should be taking place within the next few weeks.
Wildlife Study
Chair Leavitt reviewed the 2008 Estes Valley Habitat Assessment hoping to resurrect it and provide
updated information for the Development Code. This was adopted by the PC, but not the town. Staff
does send all reviews to the Colorado Parks and Wildlife, but is unaware of this study. Wildlife is
reviewed but not allowed to be a decision making subject. Review and discuss what can be done
with the PC’s wildlife review and climate change in projects.
Questions/Discussion
Submit items for Study Session around the beginning of the month.
Have the After Action report be made the day following the meeting, perhaps with less information
Videos of meetings are retained one year, plus one year, per the Town IT department. If it is town
policy, not state policy, possibly lobby for a change. Check with IT on this.
Future Items
Density Bonus issues-Ayres Associates
Downtown Plan review
Wildlife Study/Colorado Parks and Wildlife speaker?
“Commissioner Talks”
Chair Leavitt adjourned the meeting at 5:27 p.m.
14
Planning Commission Study Session May 21, 2019– Page 3
_____________________________________
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
15
16
Town of Estes Park, Larimer County, Colorado, May 15, 2019
Minutes of a regular meeting of the Transportation Advisory Board of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Room 202 of Town Hall
on the15th day of May, 2019.
Present: Gordon Slack
Tom Street
Belle Morris
Stan Black
Ron Wilcocks
Janice Crow
Also Present: Trustee Carlie Bangs, Town Board Liaison
Greg Muhonen, Public Works Director
Vanessa Solesbee, Parking & Transit Manager
Megan Van Hoozer, Public Works Administrative Assistant
David Hook, Engineering Manager
Absent: Linda Hanick
Ann Finley
Chair Morris called the meeting to order at 12:01 p.m.
PUBLIC COMMENT
No public comment.
APPROVAL OF MINUTES
A motion was made and seconded (Slack/Crow) to approve the April meeting minutes
with suggested edits and all were in favor.
CDOT UPDATE – CO HIGHWAY 7
CDOT’s Keith Wakefield, Project Manager for the work occurring on CO Highway 7,
attended today’s meeting to provide an update on the work currently taking place.
The crew was to start milling and paving last week, however due to the snow the work
was called off. Milling is now scheduled to occur after Memorial Day due to the milling
contractor’s schedule.
Sturgeon Electric is actively installing pedestrian beacons and are anticipated to
be complete by the end of the week. Striping will not occur until after the paving is
complete in mid-June.
For the in-town milling and overlay work, Wakefield is anticipating the duration to be
two weeks from beginning to end, however it would be best to anticipate three to four
weeks in the event of unforeseen circumstances. All in-town done work is expected to
be complete by the end of June.
Director Muhonen asked if any work would take place past the US36 & Hwy 7
intersection. Wakefield stated nothing is currently in the project plans for that location.
Muhonen stated the importance of having thermoplastic applied for the turn lanes off
Hwy 36 into the parking garage. Wakefield will discuss this option with James Usher.
CDOT’s Andrew Dole stated their striping crew would be here within the next month
and there’s potential to capture this work.
A bike symbol is being added in white on the edge of the road. Wakefield may change
the physical sign which currently says “Share the Road”. He is looking into a more
standard version of this message. “State Law – Give Bicyclist 3 Feet” has not yet been
Transportation Advisory Board – May 15, 2019 – Page 2
adopted in the Manual on Uniform Traffic Control Devices (MUTCD) but guidance has
been provided. This message has not been used anywhere else on the CDOT road
network.
The bicycle markings will be placed in the travel lane, every hundred feet, in
both directions. Muhonen expressed concern that it will appear to be an 11’ bike
lane. Wakefield understood and would confirm drawing indications for accuracy
and appropriateness.
TAB PRIORITY GRID REVIEW
Chair Morris distributed the February version of the TAB Priority Matrix reflecting each
member’s priority, for review and/or edit by TAB members. For history, Member Slack
stated that this document is a guide for where the TAB would focus their energy.
Morris requested feedback on whether or not these priorities are still appropriate. The
document needs to align with the current thinking of TAB members. Slack requested
additional time to review and think about any changes. Morris asked that the members
individually send her an email outlining their priorities and ranking. Member Wilcocks
stated it would be a good opportunity to use the strategic plan goals as a guide.
Manager Solesbee will provide updated strategic plan objectives for Transit operations.
The Town’s Strategic Plan will be what Town Administrator Lancaster submits for
review by the Town Board. Muhonen will confirm finalization of the Strategic Plan before
releasing to TAB members. This discussion will occur at the next regularly scheduled
TAB meeting in June.
Morris spoke to the group about providing the Complete Streets (CS) Policy to Smart
Growth America for website/database publication. On this website, the policy is ranked
by organization. It needs determined who should submit this information, whether it be
submitted by Public Works or the TAB. This website is used to develop CS policies
around the country. Muhonen stated that if we find out that the submission can be done
by a citizen, Chair Morris can proceed.
Solesbee will send to the TAB, the priorities defined in the recent survey administered to
the guests of Estes Park. This will offer an opportunity to incorporate the guest view of
TAB-related items within the prioritization, as appropriate.
PROJECT UPDATES (G. Muhonen – Public Works Administration)
Muhonen first extended his appreciation to the TAB for providing a letter of support on
the grant application discussions currently taking place. The Town Board supported all
three grant applications totaling $50 million (BUILD, FLAP Moraine, FLAP Fall River).
Muhonen shared that due to some cost saving measures, the Town is requesting formal
CDOT approval, and reimbursement assurance, for US 36/US 34 intersection
improvements to be performed as part of the current project.
A suggestion was made at the May 14 Town Board meeting that the Parking & Transit
Manager have the authority to modify the start and end date of “seasonality” as
referenced in the Model Traffic Code. This was then determined to be too much
authority for a Town manager. The Police Chief commented that the Town’s parking
enforcement should go year-round and the Mayor agreed. This will be further discussed
at the June 11 Town Board where Public Works will seek to remove the seasonal
provision from the code. This causes concern as the entire Downtown Parking
Management Plan (DPMP) premise was based on seasonal enforcement. Muhonen is
discussing with the TAB so he can provide citizen views at the June 11 Town Board
meeting. Muhonen stated that members are also welcome to provide their thoughts in
writing to the Town Board prior to June 11. Muhonen feels we should be making data-
driven decisions and that if seasonality is modified in the code it should be based on
data rather than feeling of a manager. Muhonen would like to go back to the Town
Board with a letter of support, or receive verbal support, to provide code language,
“Changes to seasonal parking will be based on XXX. . .”.
Transportation Advisory Board – May 15, 2019 – Page 3
The Mayor also stated in that meeting that time-restricted, on-street spots near his
business are abused all year. The actual issue needs determined as a different solution
should be required for isolated areas of infraction.
Slack stated that the new “busiest” time of year occurs in September. He stated that
more data may be needed but it appears the current ordinance is outdated. Manager
Solesbee is actively creating a cost-benefit model for year-round enforcement. Wilcocks
stated that the group is trying to create a solution for a problem that doesn’t exist. The
existing signs already say May through September. The Town should not enforce
outside the established season.
Member Crow stated that switching the enforcement timing mid-year would cause those
people planning their trips to have different results that anticipated. She stated this
information should be provided and publicized well in advance of this type of change.
Member Black has seen the same cars parked in 30-minute spots all day, every day
which would indicate that they’re downtown employees. There haven’t been any loading
zone or time-limit enforcement occurring. Enforcement would definitely help the
situation in which the Mayor referenced.
The Town Board will be discussing the DPMP again in October to review the data
collected in 2019 in order to determine the appropriateness of a paid parking alternative.
No changes will be implemented prior to 2020. Muhonen requested information from the
TAB on the Model Traffic Code (MTC) language stating his goal would be for MTC
adoption at the June 11 meeting.
PROJECT UPDATES (D. Hook – Engineering Manager)
4th Street / Elkhorn / Town-wide Overlay: Elkhorn Avenue mill and overlay work, as well
as the 4th Street Rehabilitation Project, are currently under way. The town-wide overlay
and patching work will commence soon. The current focus is on the two time-sensitive
projects. The Engineering Division is coordinating a new work schedule with the chip
seal/slurry seal contractor due to the recent weather events.
Design is currently under way for the Community Dr./US 36 roundabout plans. There
was a Congestion Mitigation and Air Quality (CMAQ) meeting this morning to confirm
grant requirements. Environmental issues are the biggest concern at this time for which
a consultant is needed to follow-up. One of timelines could create a 6-month backup.
The Town is currently under-funded; therefore, construction will not occur this winter.
The delay will allow time to focus on those items and seek additional funding.
Fall River Trail: A change order proposal for the Land and Water Conservation Fund
(LWCF) funding would push construction to this fall. Currently, the plans are being
cleaned up to allow the work to be put out to bid. A section slated for construction next
year has environmental and design work to occur. A request has been made to combine
funding from the Great Outdoor Colorado (GOCO) grant and the Federal Lands Access
Program (FLAP) grant (dollars to be available in 2023-2025) to allow completion of the
trail. Public Works is waiting on official word of the GOCO grant funding process.
The Intergovernmental Agreement (IGA) for the Safe Routes To School (SRTS) grant
received for Graves Avenue has been received. It will be taken to the Town Board at
next meeting schedule May 28. Construction for this project is expected to occur in
2020.
PROJECT UPDATES (V. Solesbee – Parking & Transit Manager)
Manager Solesbee reported that all the License Plate Recognition (LPR) parking
technology was installed last week on both the parking garage and on the new Parking
& Transit vehicle which utilizes camera-based video counting. Solesbee will send links
to the TAB to the website, once ready. It is now responsive but without data. By the end
of the week, users can access via their mobile app store which uses Google Analytics.
Transportation Advisory Board – May 15, 2019 – Page 4
Parking: Kyle Patterson and John Hannon, of Rocky Mountain National Park (RMNP),
are both open to the idea of putting RMNP-related information on the Town’s DMS signs
to help with traffic behavior.
Chargepoint – The fast-charging electronic vehicle stations will be installed at the Visitor
Center in the fall at the earliest. Grant dollars were made available for four of these
chargers which will charge the user. The Town is not yet certain of the pricing structure
to be used.
Transit: The Transit Division’s season starts June 22 and marketing will occur prior to
that time. Updated shuttle stop signs will be placed at that time. Solesbee reported that
CDOT is initiating a busing pilot which will transport riders from Denver’s Union Station
to Estes Park. This was initiated by Colorado’s Governor. The pilot will take place over a
5-day period. A meeting will occur in June to discuss further. The pilot is anticipated to
go live in 2020, however all details have not yet been finalized. Each round-trip charge
may only be around $10.
OTHER BUSINESS
Trustee Liaison Bangs informed the TAB that a new member has been appointed
through the interview process, however acceptance has not yet been confirmed.
Bangs stated that, during the recent Town Board Study Session, she asked for the
thoughts of the Town Board about agency-liaison attendees. She requested, from the
TAB, thoughts on whether this board has any desire for agency liaisons. This would
need formalized through by-law updates establishing specific parameters. Member
Street stated he’d like that opportunity to collaborate with key Estes Park stakeholder
agencies. Member Black agreed.
Chair Morris stated the Transportation Advisory Board is for citizen feedback. She
asked for member feedback on whether or not this would be fruitful for the end-goal of
the TAB. Slack stated that, although informal, liaisons already attend like RMNP, the
Town’s Shuttle Committee, etc. Wilcocks agreed it would change the citizen group
aspect of the board and there is a potential of several groups attending. Member Black
suggested members look at this as needing information from them but to also let them
know what we’re working on. All parties may have common interests.
Member Crow asked if the other agencies, and their input, would fit with the TAB
mission and its goals. Member Street feels strongly it would benefit from a more
formalized process and reminded the group that perspectives expand with additional
information and reference points. Collaboration may truly benefit TAB goals.
Muhonen shared the TAB Mission with the group to reference during the discussion
which includes all customers. Other agencies would certainly fit as related to the given
categories. Wilcocks feels the business community should lead these community
discussions. Bangs shared that the Town Board also wants diverse advisory groups.
Muhonen stated that, as a public meeting, all are welcome to come and share their
thoughts, regardless of TAB membership. He further stated that one option would be
to extend individual invitations based on agenda scheduling, with ample notice.
With no other business to discuss, Chair Morris adjourned the meeting at 2:00 p.m.
Recording Secretary
Megan Van Hoozer, Public Works Department
Town of Estes Park, Larimer County, Colorado, May 16, 2019
Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Museum Conference Room of the Estes
Park Museum on the 16th day of May, 2019.
Present Merle Moore
Vicki Papineau
Dewain Lockwood
Ron Wilcocks
Rex Poggenpohl
Wade Johnston
Also
Present: Brian Berg, Parks Supervisor
Megan Van Hoozer, Public Works Administrative Assistant
Patrick Martchink, Town Board Liaison
Absent: Geoffrey Elliot
Chair Merle Moore called the meeting to order at 8:36 a.m.
PUBLIC COMMENT
Member Johnston reported on behalf of the Estes Arts District (EAD). All is on track for
the Friends of Folk Festival scheduled for June 25, 2019 and the Lumpy Circus is
scheduled for June 28, 2019.
GENERAL BUSINESS
A motion was made and seconded (Lockwood/Papineau) to approve the April meeting
minutes and all were in favor.
AIPP FUNDING RESEARCH
Member Poggenpohl distributed a listing of Colorado towns with art programs that may
be of interest. He is working on getting a bit more information and will present complete
data to the PAB for additional discussion at a future meeting.
AIPP APPLICATION: Banner Art
Parking & Transit Manager, Vanessa Solesbee presented the proposed art selected for
the banners at the parking structure to the PAB for approval. Solesbee worked closely
with the EAD to solicit proposals from folks of all ages showcasing Colorado’s splendor.
Nine artists submitted 19 designs. The top eight designs were selected.
Poggenpohl expressed a concern about the art that contains words and the ability to
read what’s been incorporated. Solesbee stated this would be take into consideration. It
was also suggested that some of the art presented is quite dark and that there was a
desire to see more options.
Discussions continued about the role of the PAB in selection of public art. Should the
PAB be involved at an earlier stage, providing the ability to select from all options for
19
Parks Advisory Board – May 16, 2019 – Page 2
any party submitting their AIPP application prior to that submission? Or do they consider
and approve what is presented? A review of the AIPP Guidelines will occur at the next
regularly scheduled PAB meeting for clarification.
Member Wilcocks made a motion to proceed with approval of the 8 presented designs
with the following conditions: 1) modification of font size on wildflower poster
(presentation slide #5), 2) when hanging at the parking structure, vary the picture on
opposite sides, 3) ensure consistency with signatures on each piece. Member Johnston
seconded the motion, and all were in favor with the exception of Member Poggehpohl
who opposed.
A motion was made and seconded (Moore/Johnston) to recommend the Town Board
approve the selection and all were in favor.
DUB SUBMITTAL REVIEW/SELECTION
Supervisor Berg reviewed with the PAB, the utility box locations available for artist
assignment. He informed members that painting of the utility boxes located near the
school will be coordinated next year and would be completed by the students and art
teacher.
Members then began reviewing the art submissions provided through the RFP process.
Throughout the review members discussed the locations and selected the art felt best
suited for each site based on submissions received.
Member Papineau made a motion to assign the Bond Park box to Michael Young.
Member Poggenpohl seconded the motion and all were in favor.
Member Wilcocks made a motion to assign the Community Center utility box to Gray
Moreau. Poggenpohl seconded the motion and all were in favor.
Papineau made a motion to assign the CenturyLink utility box to Mindy Stephens.
Wilcocks seconded the motion and all were in favor.
Wilcocks made a motion to assign the Tregent West utility box to Betty Horschler.
Poggenpohl seconded the motion and all were in favor.
Poggenpohl made a motion to assign the Octagon Stairs utility box to Wade Johnston.
Papineau seconded the motion and all were in favor.
Wilcocks made a motion to assign the Tregent East utility box to Jen Troutfeather.
Poggenpohl seconded the motion and all were in favor.
OTHER BUSINESS
The meeting was adjourned at 10:00 a.m.
Recording Secretary
Megan Van Hoozer, Public Works
20
UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Date: June 25, 2019
RE: Addendum to Professional Services Contract for an
Optional Transition of FullStack Staff to Town Staff with Cramer
Development Inc. dba FullStack
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To efficiently create and operate a high-speed broadband service for businesses and
residents in the most efficient manner using a consultant to create and staff our network
and network operations. Once created, Power and Communications will have the option
to transition consulting staff to Town staff.
Present Situation:
Starting a municipal broadband service requires the creation of a gigabit passive optical
network (GPON) along with staff to operate the network. Power and Communications is
using Fullstack during the startup and build out phases to create and staff this network.
Once the network electronics are installed and operational, we will need to staff the
network operations.
Proposal:
Staff proposes an addendum to our existing agreement with Fullstack, which allows the
Fullstack team to transition into our organization.
Advantages:
• Subject matter experts build our GPON network
• Power and Communications has the option to retain qualified staff who actively
operate the system
• We will know in advance if the network operators are a good fit
21
Disadvantages:
• The initial cost is higher; however, Power and Communications have no existing
staff qualified to vet and hire and train GPON network professionals
• There is a finder’s fee payment; however, this is standard practice
Action Recommended:
Staff recommends approval of the attached addendum.
Finance/Resource Impact:
Financial resources will come from the Broadband bond proceeds
Level of Public Interest
Very high, our customers are anxious to purchase this fiber-based internet service
Sample Motion:
I move for the approval/denial of the contract addendum.
Attachments:
Addendum to the contract previously approved at the April 9th Town Board meeting
22
23
24
UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Date: June 25, 2019
RE: Addendum to Professional Services Contract for an optional transition of
eStraegy3 staff to Town staff with eStrategy3, LLC
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To efficiently create and operate a high-speed broadband service for businesses and
residents in the most efficient manner using a consultant to create and staff our
customer experience operations. Once created, Power and Communications will have
the option to transition consulting staff to Town staff.
Present Situation:
Starting a municipal broadband service requires the creation of a customer experience
center for; sales, marketing, billing, and general customer communications. The staff to
operate the customer experience center must be qualified and trained. Power and
Communications is using eStrategy3 during the startup and build out phases to create
and staff the center. Once the customer experience center is operational, Power and
Communications will need to staff its operations.
Proposal:
Staff proposes an addendum to our existing agreement with eStrategy3, which allows
the eSrategy3 team to transition into our organization.
Advantages:
• Subject matter experts build our customer experience operations
• Power and Communications has the option to retain qualified staff who actively
operate the customer experience operations
• We will know in advance if the customer experience personnel are a good fit
25
Disadvantages:
• The initial cost is higher; however, Power and Communications have no existing
staff qualified to vet and hire and train broadband customer staff
• There is a finder’s fee payment; however, this is standard practice
Action Recommended:
Staff recommends approval of the attached addendum.
Finance/Resource Impact:
Financial resources will come from the Broadband bond proceeds
Level of Public Interest
Very high, our customers are anxious to purchase this fiber-based internet service
Sample Motion:
I move for the approval/denial of the contract addendum.
Attachments:
Addendum to the contract previously approved at the April 9th Town Board meeting
26
27
28
UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Date: June 25, 2019
RE: Broadband Agreement for Cloud-Based Telephone Services with Alianza
Inc. as Budgeted within Broadband
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To efficiently create and operate a high-speed broadband service for businesses and
residents with an optional telephone service.
Present Situation:
Bundling internet and telephone service is standard practice and an expectation from
customers. To meet this expectation, the Power and Communications business plan
includes reselling telephone service provided by a third party.
Longmont has contracted with Momentum Telecom and Alianza Inc.
Proposal:
We propose using Alianza Inc. as our third party telephone service. They have provided
favorable pricing and Longmont recommends them based on good customer service
and, being located in Utah, their operational hours and customer support is with our
operations hours.
Advantages:
• Highly recommended by Longmont
• Being in the same time zone we share operational hours which yields good
customer service
Disadvantages:
• None
Action Recommended:
Staff recommends approval of the attached agreement. 29
Finance/Resource Impact:
Financial resources are included in the Broadband seed funding and Broadband bond
proceeds
Level of Public Interest
Very high, customers are anxious to purchase this fiber-based internet service and will
also request telephone service
Sample Motion:
I move for the approval/denial of the contract.
Attachments:
Alianza Master Services Agreement
30
Alianza Master Services Agreement – Confidential – 1
MASTER SERVICES AGREEMENT
This Master Services Agreement (“MSA”) is entered into by and between Alianza, Inc. (“Alianza”), a Delaware corporation, and
the Town of Estes Park (“Customer”), a Colorado municipal corporation, as of the latest date signed below (the “Effective Date”).
Alianza and Customer shall be individually referred to as “a Party” or collectively as “the Parties.” This MSA, the applicable Service
Schedules and any Exhibits or other attachments incorporated therein, along with any amendments as executed by the Parties in
writing shall collectively be referred to as the “Agreement.” To the extent reasonably possible, the provisions of the MSA and any
Schedule shall be interpreted so as to avoid any conflict between them. In the event of an express conflict between a term(s) of
this MSA and the term(s) of any Service Schedule, precedence will be given to term(s) as defined in the Service Schedule.
WHEREAS, Customer desires to provide Voice over Internet Protocol Services to its End Users (“VoIP Services”) in connection
with its broadband data service offering; and
WHEREAS, Alianza desires to provide the services described herein, based on the terms set forth herein;
NOW, THERFORE, the Parties, in consideration of the mutual covenants and promises set forth in this Agreement, agree as
follows:
1. Definitions
1.1 Services: means Alianza’s Cloud Voice
Platform and any Other Services (collectively, the “Services”).
Services. Alianza has no obligation to provide any services
not expressly set forth in this Agreement.
1.2 Cloud Voice Platform: means all components,
features and functionalities of Alianza’s cloud-based software
platform; including application feature server, media server
call control, session management, billing support system,
provisioning system, carrier interface, and lawful intercept;
together with Alianza’s Application Programing Interface
(“API”), data feeds, End User Portal, and Administrative
Portal. Pricing for the Cloud Voice Platform shall be set forth
in Exhibit A attached hereto.
1.3 Other Services: means services provided by
Alianza which are separate, but related, to the Cloud Voice
Platform. All terms and pricing related to Other Services shall
be defined in the respective Service Schedule or an attached
Statement of Work (“SOW”).
1.4 Device: means any piece of equipment or
software (IP phones, voice modem, voice ATA, soft phone,
etc.) certified by Alianza, that an End User uses to place and
receive voice calls.
1.5 End User: means any individual person that
subscribes to, or purchases VoIP Services provided by
Customer. Alianza has no direct relationship with End Users.
All aspects of End User relationships are managed
exclusively between Customer and End Users.
1.6 End User Portal: means Alianza’s proprietary,
web-based, self-management portal for End Users that
subscribe to Customer’s VoIP Services. Alianza will provide
Customer a fast-start Customer-branded version of the End
User Portal. Customer may also use Alianza’s API to build and
manage a custom End User portal.
1.7 Administrative Portal: means Alianza’s
proprietary web-based back-office management system that
allows Customer to manage all aspects and functionalities of
the Cloud Voice Platform.
1.8 Third-party Services: means any third-party
Device, software or service that is not provided by Alianza, but
which interacts with the Cloud Voice Platform.
1.9 Professional Services: means custom software,
product or platform development performed by Alianza for
Customer. Any Professional Services offered under this
Agreement will be obtained from Alianza pursuant to the
terms set forth in Exhibit A.
1.10 Provider of Record: means the entity that is
exclusively responsible for compliance with regulatory and tax
registrations, collection and remittance of taxes and fees, and
all federal and state regulatory obligations relating to the
provision of VoIP Services to End Users.
2.Other Services
2.1 Connectivity: Customer shall be responsible for
providing its End Users with connectivity to Alianza’s Cloud
Voice Platform. Connectivity shall be implemented via public
internet.
2.2 Carrier Services and Emergency Services.
Alianza shall provide carrier services and emergency services
as set forth in the attached, Alianza Carrier and Emergency
Services Schedule.
2.3 Provider of Record: Customer is the Provider of
Record.
3.Alianza Obligations
3.1 Manner of Provision. Alianza shall provide the
Services in a professional and workmanlike manner.
3.2 License. Subject to Customer’s compliance with
the provisions of this Agreement, Alianza grants to Customer
a limited, non-assignable, non-exclusive, royalty-free (except
as provided herein) license to access and use the Services,
solely for the purposes set forth herein. Customer may not (a)
31
Alianza Master Services Agreement – Confidential – 2
attempt to obtain a copy of any element of the Services, (b)
reverse compile, reverse engineer, reverse assemble or
otherwise attempt, directly or indirectly, to obtain or create
source code for any element of the Services, (c) modify or
create derivative works of any element of the Services, or (d)
allow End Users to sub-license, transfer, distribute, sell or
resell any Services provided by Alianza hereunder.
3.3 Training. Alianza will provide Customer initial and
ongoing training as reasonably needed (train the trainer
approach) and Customer will ensure that its representatives
and agents are appropriately trained in the administration of
all Services.
3.4 Service Desk Policy. Alianza’s service level
commitments and technical support obligations are defined in
Exhibit B attached hereto.
4. Customer Obligations
4.1 Devices. Customer shall purchase Devices
directly from Third Parties. Alianza shall maintain a current list
of Alianza certified Devices. Alianza reserves the right to add
to its support of such Devices and/or upgrade firmware on
certified Devices from time to time as dictated by customer
requests and market demand. Any Customer requests for
expedited Device and or firmware upgrades shall be
considered a Professional Services request. Customer
acknowledges that Devices and firmware are certified by
Alianza without any warranty of any kind with regard to the
Device hardware or software, and Alianza shall not have any
responsibility or liability to Customer in connection with its
attempt to access or use of Devices or related firmware.
4.2 Product, Sales and Marketing. Customer is solely
responsible for retail product management and pricing; as well
as all marketing, promotion, and selling of all VoIP Services
to End Users.
4.3 End User Support. Customer is responsible for
providing tier 1 support directly to End Users as well as a tier
2 support function responsible for operating as a point of
escalation for tier 1 support representatives. Tier 2 agents
should be experts on the Cloud Voice Platform and in
resolving End User support issues.
4.4 End User Invoicing. Alianza will provide End User
transaction details and call detail records to Customer, but
Customer is solely responsible for invoicing End Users,
tracking account balances, and setting End User authorization
statuses in the Cloud Voice Platform. Alianza is not
responsible for any Customer errors in this process.
4.5 Taxes and Fees. All charges are exclusive of
taxes, fees and surcharges. Customer is exclusively
responsible for any taxes, fees or surcharges on all purchases
from Alianza and the provisioning and offering of VoIP
Services to End Users. Customer shall be responsible for
payment of all applicable taxes that arise in any jurisdiction,
including, without limitation, value added, consumption, sales,
use, gross receipts, excise, access, bypass, or other taxes,
duties, fees, charges or surcharges (including, but not limited
to Universal Service Fund (“USF”) and other regulatory fees)
(collectively “Taxes”).
4.6 Representations: Customer will not make any
representations, warranties, or guaranties concerning the
Services on behalf of Alianza without Alianza’s express
written consent.
4.7 Exclusivity. During the term of this Agreement
Alianza will be the exclusive provider responsible for powering
Customer’s VoIP Services and Customer will not engage an
alternative service that is substantially similar or competitive
to Alianza.
5. Invoicing and Payment
5.1 Invoicing. Alianza shall invoice Customer
electronically. The invoices will state the charges due plus any
applicable taxes and fees. Non-recurring charges (“NRCs”) as
well as any usage charges, Taxes and other fees from the
prior month will be invoiced on or about the first day of the
following month. Monthly recurring charges (“MRCs”) are
invoiced on the first day of each month according to a
snapshot of the applicable items as of the first day of each
month. The Parties will work in good faith to resolve any
disputes regarding invoicing, and Customer may withhold the
portion of any invoice disputed in good faith. Any invoice not
disputed within 90 days after issuance of the invoice in
question shall be deemed correct and irrevocably accepted by
Customer. Customer is solely responsible for, authorizing and
monitoring all End Users provisioned in the Cloud Voice
Platform and promptly deleting any unauthorized End Users
provisioned in the Cloud Voice Platform. Customer is solely
responsible for all use, misuse and fraud related to the use of
the Services by End Users or other users of End User’s VoIP
Services.
5.2 Payment. Payment of all invoices shall be made
via ACH or wire transfer no later than 25 days after issuance
of all invoices (the “Due Date”). Payments received after the
Due Date will accrue interest at 1.5% per month.
6. Term and Termination
6.1 Term. The initial term of this Agreement is 60
months, commencing on the Effective Date. At the end of
each term, this Agreement will automatically renew for 24-
month periods, unless either Party provides written notice to
the other Party of non-renewal at least six months before the
end of the then-current term.
6.2 Termination. Neither Party may terminate this
Agreement for convenience. Either Party may terminate this
Agreement after 30 days’ written notice of breach and failure
to cure the breach by the breaching Party. If the breach is a
failure to pay amounts due under this Agreement within 10
calendar days of the Due Date (other than amounts disputed
in good faith), Alianza may, after giving 5 business days prior
notice, suspend the Services. Customer shall remain solely
responsible to provide sufficient notice of termination to any
government agency or End Users, as required under
32
Alianza Master Services Agreement – Confidential – 3
applicable law and in accordance with section 214(a) of the
Telecommunications Act of 1996.
6.3 Early Termination. If Customer terminates this
agreement for reasons other than an uncured breach by
Alianza, or if Alianza ceases any services as a result of an
uncured default by Customer, Customer shall incur a
termination charge from Alianza equal to the sum of: (i) all
unpaid amounts for service provided through the date of
termination, and (ii) the VSL MRC defined in Exhibit A,
multiplied by the total number of VSLs supported by
Customer, multiplied by the number of months remaining in
the term of this Agreement. The Parties agree that these
charges are a genuine estimate of Alianza’s actual damages
and a good faith liquidation thereof. They are not intended as
a penalty.
6.4 Transition Assistance. Upon the expiration or
earlier termination of this Agreement for any reason (the
“Transition Commencement Date”), Alianza will reasonably
assist Customer in transitioning all aspects of End User VoIP
Services from Alianza to Customer, or to an alternate provider
or providers specified by Customer for a period of time as is
necessary to complete the transition, not to exceed 6 months
from Transition Commencement Date (the “Transition
Period”). Such transition assistance will include taking all
reasonable steps to facilitate the transition of Alianza services
to Customer, or an alternate provider or providers (provided
such requirements are technically and operationally feasible).
During the Transition Period, all terms of this Agreement will
be in effect, and both Alianza and Customer will continue to
honor all obligations in accordance with the terms of this
Agreement. Both Parties will use reasonable efforts to define
a project plan to be incorporated into an SOW within 30 days
of the Transition Commencement Date, and such plan will
define the estimated scope and effort related to all transition
related activities. Charges from Alianza to Customer for the
transition assistance outlined in this section will be based on
the scope of the defined project plan; but in any event, will not
exceed an NRC of $4.50 per VSL. Such transition related
charges will be invoiced to Customer upon execution of the
SOW .
6.5 Effect of Termination. Upon termination of this
Agreement for any reason, the provisions of this Agreement
that by their nature indicate that the Parties intended that they
would survive shall survive.
7. Confidentiality and Proprietary Rights
7.1 Confidential Information. “Confidential
Information” means any proprietary information of a Party to
this Agreement disclosed by one Party (“the Disclosing Party”)
to the other (“the Receiving Party”) that is in written, graphic,
machine readable or other tangible form and is marked
“Confidential” or “Proprietary” or in some other manner to
indicate its confidential nature or otherwise is generally of a
confidential nature. Confidential Information may also include
oral disclosures provided that such information is designated
as confidential at the time of disclosure.
7.2 Exceptions. Confidential Information will not
include any information that (a) was in the public domain prior
to the time of disclosure by the Disclosing Party, (b) becomes
public information after disclosure by the Disclosing Party to
the Receiving Party through no action or inaction of the
Receiving Party, (c) is already in the possession of the
Receiving Party at the time of disclosure without an obligation
of confidentiality, or (d) is independently developed by the
Receiving Party without use of or reference to the Disclosing
Party’s Confidential Information.
7.3 Non-Use and Non-Disclosure. Each Party will (a)
treat as confidential all Confidential Information of the other
Party, (b) not disclose such Confidential Information to any
third party, except on a “need to know” basis to third parties
that have signed a non-disclosure agreement containing
provisions substantially as protective as the terms of this
Section provided that the Disclosing Party has obtained the
written consent to such disclosure from the other Party, and
(c) not use such Confidential Information except in connection
with performing its obligations or exercising its rights under
this Agreement. Each Party is permitted to disclose the other
Party Confidential Information if required by law so long as the
other Party is given prompt written notice of such requirement
prior to disclosure and assistance in obtaining an order
protecting such information from public disclosure.
7.4 Confidentiality of Agreement. Neither Party to this
Agreement will disclose the terms of this Agreement to any
third party without the consent of the other Party, except as
required by securities or other applicable laws.
Notwithstanding the above provisions, each Party may
disclose the terms of this Agreement (a) in connection with the
requirements of a public offering or securities filing, (b) in
confidence, to attorneys, accountants, banks, and financing
sources and their advisors, (c) in confidence, in connection
with the enforcement of this Agreement or rights under this
Agreement, or (d) in confidence, in connection with a merger
or acquisition or proposed merger or acquisition, or the like.
7.5 Proprietary Rights. Alianza hereby reserves all
intellectual property rights not explicitly granted in this
Agreement. As between Alianza and Customer, Alianza owns
all intellectual property rights in and to the Services, and to all
related documentation and copies thereof, including without
limitation all copyrights, trademarks, patents, trade secrets
and other intellectual property (the “Proprietary Rights”),
including goodwill or reputation that accrues to Alianza’s
intellectual property. To the extent that any Proprietary Rights
are invented, created, developed, or first reduced to practice
under this Agreement, jointly by the Parties or in connection
with Alianza’s provision of the Services, Alianza will own all
right, title, and interest in and to such Proprietary Rights, with
no duty to account to Customer with respect to the use and
exploitation of the Proprietary Rights. Nothing in this Section
prohibits Customer from independently developing a product
that interfaces with the Services. As between the Parties,
Customer will retain all right, title, and interest in any product
that it develops independently.
7.6 Customer Proprietary Network Information
(“CPNI”). Both Alianza and Customer acknowledge that rules
33
Alianza Master Services Agreement – Confidential – 4
and regulations apply to CPNI that require specific safeguards
to protect against the unauthorized disclosure of CPNI. CPNI
refers to (1) information that relates to the quantity, technical
configuration, type, destination, location, amount of use and
billing data of a telecommunications or interconnected VoIP
service, that is made available to a Party solely by virtue of a
customer relationship. CPNI does not, however, include
subscriber list information, which is information identifying the
name, address and phone number of a customer that is
published, caused to be published or accepted for publication
in a directory. Both Alianza and Customer warrant that they
will implement required safeguards and otherwise abide by
the rules and regulations that apply to CPNI with regard to any
services provided to an End User facilitated by access to
Alianza’s services. The Parties agree that they will only use
CPNI for the purpose of providing the service for which the
CPNI is provided; they will not disclose CPNI to third parties
unless disclosure is required to provide any services or
services incorporating the services, or as otherwise permitted
or required by law.
8. Trademarks
8.1 Each Party grants to the other Party a non-
exclusive, non-transferable, royalty-free right to display the
trademarks, service marks and logos (“Marks”) of the other
Party solely to allow each Party to perform its obligations
under this Agreement and to display the Marks of the other
Party in marketing material indicating its business
relationships. If a Party objects to a specific use of the other
Party’s Marks, it will notify the other Party of such objection,
and such Party will cease such use of the objecting party’s
Marks.
9. Warranty Disclaimer and Liability Limits
9.1 WARRANTY DISCLAIMER. NEITHER PARTY
MAKES ANY ADDITIONAL REPRESENTATION NOR
WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED
(EITHER IN FACT OR BY OPERATION OF LAW), OR
STATUTORY, AS TO ANY MATTER WHATSOEVER,
EXCEPT THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT. EACH PARTY EXPRESSLY DISCLAIMS
ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
ACCURACY, AND TITLE. ALIANZA DOES NOT WARRANT
AGAINST INTERFERENCE WITH THE ENJOYMENT OF
THE SERVICES, OR AGAINST INFRINGEMENT. ALIANZA
DOES NOT WARRANT THAT THE SERVICES WILL BE
ERROR-FREE OR THAT OPERATION OF THE SERVICES
WILL BE SECURE OR UNINTERRUPTED.
9.2 LIABILITY LIMIT AND CAP. EXCEPT WITH
REGARD TO A PARTY’S CONFIDENTIALITY
OBLIGATIONS, LICENSE RESTRICTIONS, DUTY TO PAY
FEES UNDER THIS AGREEMENT (INCLUDING EARLY
TERMINATION CHARGES), GROSS NEGLIGENCE,
AND/OR WILLFUL MISCONDUCT, NOTWITHSTANDING
ANYTHING CONTAINED IN THIS AGREEMENT TO THE
CONTRARY, NEITHER PARTY WILL, UNDER ANY
CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY OR
ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LOST PROFITS OR
LOSS OF BUSINESS, EVEN IF A PARTY IS APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING;
NOR, EXCEPT FOR THOSE ITEMS LISTED ABOVE IN
THIS PARAGRAPH, SHALL EITHER PARTY’S TOTAL
LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED
TO THIS AGREEMENT, REGARDLESS OF THE FORUM
AND REGARDLESS OF WHETHER ANY ACTION OR
CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL AMOUNT PAYABLE
BY CUSTOMER TO ALIANZA FOR THE CLOUD VOICE
PLATFORM DURING THE THREE MONTHS PRECEDING
THE ACT OR OMISSION THAT PRECIPITATED THE
CLAIM.
10. Indemnification
10.1 Indemnification by Alianza. Alianza will
defend and indemnify Customer from and against any claim
by any third party that the Customer’s authorized use of the
Services infringes or misappropriates any intellectual property
rights of such third party. Alianza may, in the event of such a
claim, in its reasonable discretion, (a) procure the continuing
right for Customer to use the Services; (b) replace or modify
the Services in a functionally equivalent manner so that they
no longer infringe; or, if neither (a) nor (b) is reasonably
available, may (c) terminate this Agreement. Alianza’s duties
under this section shall not arise if the alleged infringement is
a result of unauthorized use or modification of the Services,
or if Customer fails to comply with Alianza’s instructions that
would mitigate or end the infringing conduct or activity.
10.2 Indemnification by Customer. To the extent
legally allowed, Customer will defend, indemnify, and hold
harmless Alianza from and against any claim by any party that
arises out of, results from, or relates to: (a) Customer’s
access to or use of, or attempts to access or use, any Third-
party Service(s); (b) Customer’s or an End User’s use of the
Services in any unauthorized manner, including but not limited
to use in violation of any law or applicable regulation; (c)
Customer’s breach of any of its obligations set forth in this
Agreement; (d) any claim that Customer has infringed upon or
misappropriated any intellectual property rights of a third
party, other than through the direct use of the Services; and
(e) any claim or allegation related to Alianza’s calculation,
collection, or remittance of Taxes based upon inaccurate or
incomplete data provided by Customer (or its billing system).
10.3 Procedures. The indemnifying Party’s duty to
indemnify, defend, and hold harmless shall arise only if the
indemnified Party gives prompt written notice of any claim of
which it becomes aware. The indemnifying Party shall have
full and complete control over the defense and settlement of
the claim, and the indemnified Party shall provide assistance
in connection with the defense and shall cooperate and
comply with any settlement or court order made in connection
with the claim; provided, however, that the indemnified Party
shall have the right to approve any settlement that requires
any action by the indemnified Party.
34
Alianza Master Services Agreement – Confidential – 5
11. General Provisions
11.1 Compliance with Laws. Each Party shall strictly
comply with all applicable federal, State and local laws, rules
and regulations in effect or hereafter established.
11.1.1. Pursuant to Section 8-17.5-101.
C.R.S., et. seq., Alianza represents and agrees that, as of the
date of this Agreement:
11.1.1.1. Alianza does not knowingly
employ or contract with an illegal alien who will perform work
under this Agreement; and
11.1.1.2. Alianza will participate in
either the e-Verify program created in Public Law 208, 104th
Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or
the Department Program (the “Department Program”), an
employment verification program established pursuant to
Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform
work under this Agreement.
11.1.2. Alianza shall not knowingly employ or
contract with an illegal alien to perform work under this
Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an
illegal alien to perform work under this Agreement.
11.1.3. Alianza is prohibited from using the e-
Verify Program or performed Department Program
procedures to undertake pre-employment screening of job
applicants while this Agreement is being.
11.1.4. If Alianza obtains actual knowledge
that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien, Alianza
shall: 11.1.4.1 Notify such subcontractor
and Customer within three days that the Alianza has
actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
11.1.4.2. Terminate the subcontract
with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien;
except that Alianza shall not terminate the contract with the
subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
11.1.5. Alianza shall comply with any
reasonable request by the Colorado Department of Labor and
Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is
undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
11.1.6. If Alianza violates any provision of this
Agreement pertaining to the duties imposed by Subsection 8-
17.5-102, C.R.S and such breach is not cured within 30 days.
Customer may terminate this Agreement.
11.2 Fair Use and Protection Policy. Alianza
maintains the right to immediately terminate any or all services
to any End User who Alianza determines to be engaged in, or
related to, (a) any form of security breach, (b) fraudulent or
illegal activity, (c) any activity that compromises or threatens
to harm Alianza’s ability to operate the Cloud Voice Platform,
(d) any abuse or use that is inconsistent with industry norms.
11.3 Assignment. Neither Party may transfer or
assign this Agreement, in whole or in part, without the written
consent of the other Party, which consent will not be
unreasonably withheld or delayed, except that either Party
may transfer or assign this Agreement, without such consent,
to an entity that acquires all or substantially all of the business
or assets of such Party to which this Agreement pertains,
whether by merger, reorganization, acquisition, sale, or
otherwise. Any attempt by a Party to transfer or assign this
Agreement without a required consent will be null and void.
Subject to the foregoing, this Agreement will inure to the
benefit of and be binding upon any permitted successor or
assignee of the parties.
11.4 Governing Law and Jurisdiction. The laws of the
State of Colorado as applied to contracts formed and intended
to be performed within such state, without giving effect to
conflicts of law principles, govern all matters arising out of or
relating to this Agreement and the transactions it
contemplates, including its interpretation, construction,
performance and enforcement. A Party bringing a legal action
or proceeding against the other Party arising out of or relating
to this Agreement or the transactions it contemplates must
bring the legal action or proceeding in either the District Court,
Larimer County, or the United States District Court for the
District of Colorado. Each Party consents to the exclusive
jurisdiction of the District Court, Larimer County, or the United
States District Court for the District of Colorado and their
respective appellate courts for the purpose of all legal actions
and proceedings arising out of or relating to this Agreement or
the transactions it contemplates
11.5 Notices. Any notice, request, demand, or other
communication required or permitted in this Agreement will be
in writing, will reference this Agreement, and will be effective:
(a) when delivered personally; (b) when sent by email, with
written confirmation of receipt; or (c) when delivered by a
nationally recognized express courier (with confirmation of
delivery receipt). All notices will be sent to the address set
forth on the signature page of this Agreement.
11.6 Independent Contractors. The Parties hereto
are independent contractors. Nothing herein creates a
partnership, joint venture, or agency relationship between the
Parties.
11.7 Entire Agreement and Amendment. This
Agreement, including all Exhibits and Service Schedules
attached hereto, is the complete and exclusive agreement
between the Parties, superseding any and all prior or
contemporaneous agreements, communications, and
35
Alianza Master Services Agreement – Confidential – 6
understandings (both written and oral) regarding this subject
matter. Any terms in any other order, release, contract, or
other communication that are additional to, different from, or
inconsistent with the provisions of this Agreement will be
deemed to be rejected, void, and of no effect. This Agreement
may be modified only by an instrument in writing signed by
each Party’s duly authorized representative.
11.8 Waiver. No failure of either Party to exercise or
enforce any of its rights under this Agreement will act as a
waiver of these rights. Any waiver of any provision of this
Agreement must be in writing and signed by an officer of the
waiving Party.
11.9 Severability. If for any reason a court of
competent jurisdiction finds any provision of this Agreement
invalid or unenforceable, that provision of the Agreement will
be enforced to the maximum extent permissible, and the other
provisions of this Agreement will remain in full force and effect.
11.10 Force Majeure. Except for payment
obligations, neither Party shall be liable for delays or failures
to meet obligations caused by forces beyond such Party’s
reasonable control (“Force Majeure Event”). Force Majeure
Events together with Scheduled Maintenance shall be
considered “Excused Outages”.
11.11 Publicity. Alianza may (a) prepare press
releases with respect to this Agreement, which will be
submitted after approval by Customer (such approval not to
be unreasonably withheld or delayed); (b) disclose to third
parties that Customer is an Alianza customer; and (c) use the
name of and identify Customer as a customer in advertising
materials.
11.12 No Third-Party Beneficiaries. Nothing in this
Agreement, express or implied, is intended to confer upon any
person other than the Parties hereto any rights or remedies.
11.13 Execution in Counterparts. This Agreement
may be executed in counterparts, each of which will be
deemed to be an original and may be conveyed electronically.
11.14 Governmental Immunity Act. No term or
condition of this Contract shall be construed or interpreted as
a waiver, express or implied, by Customer of any of the
notices, requirements, immunities, rights, benefits,
protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq. and under any other applicable law.
36
Alianza Master Services Agreement – Confidential – 7
IN WITNESS WHEREOF, the Parties hereby acknowledge that they agree to be bound by the terms and conditions of this
Agreement.
ALIANZA CUSTOMER
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Address for Notice:
Alianza, Inc.
333 South 520 West, Suite #350
Lindon, UT 84042
Attn: Legal Department
With a copy to:
Alianza, Inc.
333 South 520 West, Suite #350
Lindon, UT 84042
Attn: Finance Department
Address for Notice:
With a copy to:
Invoicing Contact:
Name:
Email:
Phone:
37
Alianza Master Services Agreement – Confidential – 8
EXHIBIT A:
CLOUD VOICE PLATFORM PRICING SCHEDULE
1. Cloud Voice Platform – Voice Service Licenses (VSLs)
The following MRCs shall be paid by Customer on a per VSL basis. A VSL is defined as (a) one Residential Voice Line, (b) one
Business Line, (c) one Hosted PBX user, or (d) one SIP trunk session. VSL fees apply to all VSLs regardless of any account’s
authorization status.
VSL Volume Ranges Base MRC for
all VSLs
Add-on MRC for each Business Line VSL $1.00
Up to 10,000 $2.50 Add-on MRC for each Hosted PBX VSL $1.00
Add-on MRC per SIP Trunk Session VSL $1.00
Monthly Revenue Commitment for Voice Service Licenses: Beginning on April 1, 2020, Customer shall pay to Alianza a Monthly Minimum
Payment for Voice Service Licenses of $2,500 per month. In addition to all actual invoiced charges for Voice Service Licenses then due
and owing at the end of each month, Alianza will invoice Customer, and Customer agrees to pay Alianza, for the shortfall (if any) between
the actual invoiced charges and the Monthly Minimum Payment.
2. Setup Fee – $7,500 NRC
Initial setup, training, and implementation prior to commercial launch; including (a) setup and configuration of Customer’s
Administrative Portal and access rights, (b) setup and branding of the End User Portal, (c) basic billing integration consulting and
customization related to Customer’s consumption of Alianza’s CDRs and data feeds, (d) initial training as reasonably needed to
facilitate knowledge transfer from Alianza to Customer (train the trainer approach), (e) setup of certified wholesale carrier
connections and (f) Device provisioning configuration, setup and validation for certified Devices.
3. Integration and API Consulting - Waived
Access to Alianza’s API and Alianza consulting related Customer’s consumption of Alianza API related to advanced back-office
systems integration between Alianza and Customer or Third-party BSS/OSS.
4. Professional Services - $175 per hour (optional)
Examples of Professional Services available from Alianza include (a) custom development work, (b) certification of a new third-
party Device or Device firmware, (c) re-certification of an existing Device or firmware, (d) new third-party carrier certification and/or
connection. Professional Services may be obtained from Alianza pursuant to a duly executed SOW defining the specific terms
and conditions related to such Professional Services engagement. The SOW will document the scope, timelines, divisions of
responsibilities and costs.
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Alianza Master Services Agreement – Confidential – 9
EXHIBIT B:
SERVICE DESK POLICY
1. Support Tiers –
a) Tier 1 – Customer is responsible for providing Tier 1 support to End Users. Tier 1 support agents are expected to make
changes to VoIP Services through the Alianza Admin Portal on an End User’s behalf. Tier 1 agents should resolve basic
voice problems and perform basic troubleshooting and documentation.
b) Tier 2 – Customer is responsible for providing Tier 2 support. Tier 2 support is responsible for the troubleshooting,
diagnosis and further documentation of issues that Tier 1 is not able to resolve. Examples of Tier 2 issues include
problems with Customer’s data network, End User’s data network, or Devices. Tier 2 escalates issues to Tier 3 support
that originate outside of Customer’s data network, End User’s data network, or Devices.
c) Tier 3 – Alianza is responsible for providing Tier 3 support directly to Customer’s Tier 2 representatives. Tier 3 is
responsible for diagnosing, resolving, and/or further documentation of complex or advanced issues within Alianza’s Cloud
Voice Platform.
d) Tier 4 – Alianza is responsible for providing Tier 4 support. Tier 4 support is responsible for the troubleshooting, diagnosis,
and resolution of deeply complex issues within the Alianza Cloud Voice Platform or with external third parties. Alianza’s
Tier-4 personnel will engage Alianza operations and engineering resources as required.
2. Incident Tracking and Escalation – The recommended method for Customer to contact Support is through the dispatch of a
ticket. The creation of the ticket allows Alianza’s support department to follow up and track the incident with efficiency and comply
with the response times and service levels. Alianza will publish and update a current Alianza escalation list which will include all
contact information for key Alianza teams and employees.
3. Priority Definitions & Response Times – All incidents escalated by Customer to Alianza should be assigned the appropriate
priority (by Customer’s agents) from level from 1 through 5 based on the descriptions below. Alianza response time is based on
the priority of the issue. A response is defined as a notification or update from Alianza acknowledging the issue and/or laying out
a specific plan and timeline to resolve. Response time is calculated from the time the Customer dispatches the ticket to Alianza
until the time when Alianza provides a response to the ticket; note that a response may not constitute a work-around or a permanent
solution.
Priority
Level: Description: Response
Time:
Workaround
or Solution
(non-bug):
Workaround
or Solution
(bug):
1
Priority 1 is reserved for critical, system-wide outages that affect all
End Users. Examples include the inability to place or receive calls
or all Devices de-registering.
20 Minutes
All Alianza resources are
mobilized to resolve the
issue
2
Priority 2 is reserved for critical service outages that don’t meet the
Priority 1 severity. Examples include service outages that are limited
to a specific geography or issues with specific features or
functionality that is not working properly.
1 Hour
Designated Alianza
resources are mobilized to
resolve the issue
3
Priority 3 issues are customer impacting but not critical. Examples of
priority 3 issues would be carrier related issues, call quality
problems, Device related issues or service requests.
4 Business
Hours
Within 3
business
days
Next
software
release
4
Priority 4 issues are based on a low urgency and business impact.
Priority 4 issues are similar to priority 3 issues but either have less
impact or lower urgency.
8 Business
Hours
Within 7
business
days
Defined on
a case-by-
case basis
5 Priority 5 issues are for feature requests. 3 Business
Days Best Effort
4. Scheduled Maintenance – “Scheduled Maintenance” means the time that Alianza schedules in advance to perform and
implement maintenance, bug fixes, platform upgrades and new feature releases that may result in service disruption. Alianza does
not provide notice for maintenance, bug fixes, platform upgrades and new feature releases that are reasonably determined not to
result in a risk of service disruption. Alianza will provide Customer a minimum of 5 days’ prior notice before performing Scheduled
Maintenance. Alianza will use commercially reasonable efforts to perform such maintenance between 12:00 AM and 3:00 AM
39
Alianza Master Services Agreement – Confidential – 10
Mountain time. In the event that Scheduled Maintenance includes changes or enhancements that necessitate more than eight
hours of development effort from Customer (i.e. API changes), Alianza will (a) provide Customer at least 90 days’ notice prior to
making any such changes, and/or (b) use commercially and technically reasonably efforts to maintain the legacy functionality in
place for no less than 90 days after such Scheduled Maintenance. In any event, Alianza will provide no less than 30 days prior
notice before making any API changes.
5. Service Levels
Core Services Availability – Core Services are considered
“unavailable” if Alianza’s Cloud Voice Platform is unable to
process End User calls for reasons other than an Excused
Outage. Down-time is calculated from the time at which
Customer submits a formal ticket with Alianza’s Service Desk
reporting an outage until the time at which availability is
reestablished. For clarity, any core service impacting event
originating in Customer’s network, or any Third-party
Service, will not impact the Core Services Availability
calculation. In the event that Alianza does not meet the
Service Level for Core Services Availability, Customer shall
be entitled to a service credit on the following month’s MRCs
invoiced for Voice Service Licenses. The credit amount shall
be based on the cumulative unavailability of the Core
Services during the specific calendar month (as set forth in
the table below), multiplied by the percentage of End Users
impacted (based on best effort calculations using call detail
records and/or other data).
Cumulative Unavailability
(in hrs:mins:secs)
Service Level Credit
(% of VSL MRC)
00:00:01 - 00:10:00 0%
00:10:01 - 00:43:48 5%
00:43:49 - 02:00:00 10%
02:00:01 + 15%
Supporting Services Availability –Supporting Services are
considered “unavailable” if a specific calling feature is or a
supporting service (such as Alianza’s Administrative Web
Portal or API) is inoperable for reasons other than an
Excused Outage. Down-time is calculated from the time at
which the Customer submits a formal ticket with Alianza’s
Service Desk reporting an incident until the time at which
service is reestablished. For clarity, any supporting service
impacting event originating in Customer’s network or any
Third-party Service will not impact the Supporting Services
Availability calculation. In the event that Alianza does not
meet the Service Level for Supporting Services Availability,
Customer shall be entitled to a service credit on the following
month’s MRCs invoiced for Voice Service Licenses. The
credit amount is based on the cumulative unavailability of the
Supporting Services during the specific calendar month (as
set forth in the table below), multiplied by the percentage of
End Users impacted (based on best effort calculations using
call detail records and/or other data).
Cumulative Unavailability
(in hrs:mins:secs)
Service Level Credit
(% of VSL MRC)
00:00:01 - 00:43:48 0%
00:43:49 - 04:00:00 5%
04:00:01 - 12:00:00 10%
12:00:01 + 15%
To request a credit, Customer must deliver a written request to Alianza (with sufficient detail) within 30 days of the end of the
month in which the credit was accrued.
6. Chronic Outage – In the event that Core Services are unavailable for more than two consecutive hours in three consecutive
calendar months, or for more than 24 hours in the aggregate in any calendar month, excluding any Excused Outage (a “Chronic
Outage”), Customer may, as its sole remedy, terminate this Agreement without penalty, payment of early termination fees, or
payment of liquidated damages. This termination right based on a Chronic Outage must be exercised (via formal notice to Alianza)
within 30 days of the event giving rise to it.
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Alianza Master Services Agreement – Confidential – 11
SERVICES SCHEDULE
ALIANZA CARRIER AND EMERGENCY SERVICES
This Service Schedule is incorporated into, and shall form a part of, the Master Services Agreement (“Agreement”).
1. Alianza Carrier and Emergency Services: Alianza shall be responsible for providing all wholesale carrier services and E911
emergency services to Customer as set forth in this service schedule and the attached Schedule A (in Excel format). Carrier
Services provided by Alianza may not be used for any automated call center applications, call blasting or other mass calling
or mass faxing applications.
2. Pricing & Deposit: Pricing is defined in the attached Schedule A and may be modified by Alianza after 15-days notice to
Customer. Pricing changes are limited to changes in applicable laws, regulations, or underlying costs which materially affect the
cost for Alianza to provide carrier services or E911 emergency services. If Customer is late on two or more payments in any six-
month period, or Alianza invokes its right to suspend services as outlined in the MSA, Alianza may, at its sole discretion, may
require a deposit up to an amount equal to the prior two month’s total amount invoiced by Alianza.
3. Emergency Services: Alianza’s emergency services facilitate the routing of emergency calls from End Users (located in the
United States and Canada) to an E911 service bureau; which routes calls to the appropriate Public Safety Access Point (“PSAP”)
or call center; based on the physical location currently registered in the Cloud Voice Platform as the End User’s address. Alianza’s
emergency services are exclusive of services offered by PSAPs or other emergency services call centers; which are considered
Third Party Services.
4. REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION. CUSTOMER IS REQUIRED TO REGISTER A
VALID AND VERIFIED PHYSICAL LOCATION WITH ALIANZA OF EACH END USER'S VOICE EQUIPMENT (PHONE OR
SOFTPHONE) UPON ORIGINAL PROVISIONING OF VOIP SERVICES AND IMMEDIATELY UPON ANY LOCATION CHANGE.
CUSTOMER ACKNOWLEDGES, AND WILL INFORM END USERS, THAT THE PHYSICAL LOCATION REGISTERED FOR
THE END USER’S EQUIPMENT WILL BE THE ONLY LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER AND
FAILURE TO MAINTAIN ACCURATE LOCATION INFORMATION, E911 COMMUNICATIONS MAY NOT FUNCTION
PROPERLY. WHEN CUSTOMER NOTIFIES ALIANZA OF A CHANGE IN THE REGISTERED LOCATION OF AN END USER,
THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAIALABLE TO ROUTE 911 CALLS AND TO
ADVISE THE APPROPRIATE EMERGENCY CALL TAKER OF THE NEW REGISTERED LOCATION.
5. VOIP 911 LIMITATIONS AND RESTRICTIONS. CUSTOMER ACKNOWLEDGES THAT E911 SERVICE DOES NOT HAVE
THE SAME FUNCTIONALITY OR AVAILABILITY AS THAT ASSOCIATED WITH TRADITIONAL WIRELINE 911 SERVICES,
AND IS SUBJECT TO CERTAIN LIMITATIONS AND RESTRICTIONS INCLUDING THOSE DESCRIBED HEREIN. CUSTOMER
ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT HAS BEEN INFORMED BY ALIANZA, AND WILL INFORM ALL
END USERS, AND REQUIRE END USERS TO NOTIFY ANY POTENTIAL USER OF THE VOIP SERVICES, THAT E911
SERVICES WILL NOT FUNCTION OR WILL NOT FUNCTION PROPERLY FOR ANY OF THE FOLLOW ING REASONS:
a. Customer fails to provide Alianza with an accurate, verified and up to date physical location of the voice handset.
b. Loss or interruption of electrical power to a user’s telephone, ATA, modem, router, switch or any other devices in the
critical path between the user’s Device and Alianza’s Cloud Voice Platform.
c. Loss or interruption of Internet access at the user’s location.
d. Improper installation or failure of Device, software or any other devices in the critical path between the user’s telephone
handset and Alianza’s Cloud Voice Platform.
e. Suspension, disconnection, termination or failure of the service to function for any reason.
f. The user attempts a 911 call from a location/address different than the location/address registered with Alianza.
g. Due to technical factors in network design or due to network congestion there may be a possibility of a busy signal or
abnormal wait times
6. 911 DISCLOSURE/ACKNOWLEDGEMENT. CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL END USERS
AGREE TO A 911 SERVICE LIMITATION DISCLOSURE/ACKNOWLEDGEMENT BEFORE INITIATING ANY VOIP SERVICES,
WHEREIN THE END USER ACKNOWLEDGES THAT IT UNDERSTANDS THE LIMITATIONS ON VOIP 911 SERVICE AS
COMPARED TO TRADITIONAL WIRELINE SERVICE.
7. 911/ E911 LIMITATION OF LIABILITY/ INDEMNITY. ALIANZA AND ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS WILL HAVE NO LIABILITY TO
41
Alianza Master Services Agreement – Confidential – 12
CUSTOMER, ITS END USERS, OR ANY THIRD PARTY, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION,
ARISING OUT OF OR RELATED TO CUSTOMER, ITS END USERS, OR ANY THIRD PARTY’S INABILITY TO DIAL 911 OR
ANY EMERGENCY TELEPHONE NUMBER OR ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY
SERVICE. TO THE EXTENT LEGALLY ALLOWED, CUSTOMER HEREBY RELEASES AND AGREES TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS ALIANZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS,
AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES,
EXPENSES, AND/ OR COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS OF SUIT) BY OR ON
BEHALF OF CUSTOMER ARISING FROM OR RELATED TO THE FAILURE OF 911/E911 TO FUNCTION OR FUNCTION
PROPERLY OR ALIANZA’S PROVISION OF 911/ E911 SERVICES OR FAILURE TO PROVIDE ACCESS TO 911/ E911
SERVICES.
42
UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Date: June 25, 2019
RE: Professional Services Contract with Ridgesight, LLC for project
management and various technical services as budgeted within
Broadband
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To efficiently create and operate a high-speed broadband service for businesses and
residents in the most efficient manner using a consultant to provide project
management and technical consulting.
To meet procurement requirements for contracts over $100,000 and terms with
multiple years.
Present Situation:
Broadband startup is labor intensive and requires additional staff. Ridgesight has
proven to be a valuable technical and project management resource by successfully
implementing online utility billing.
We anticipate the need for Ridgesight’s services for up to five years and expenditures to
exceed the $100,000.
Proposal:
We propose the Board approve the attached agreement which includes five-year terms
with the standard 30-day notification for termination. The billing is set at an agreed
hourly rate. Board approval will meet the procurement policy requirement that Town
Board approve expenditures exceeding $100,000.
Advantages:
•Contracted services provide agile staffing levels
•We are levering the technical and project management expertise of the
consultant
43
• The consultant has some assurance of on-going work so they will not commit to
other clients and we can count on the support
• The agreements include a 30-day termination clause if needed
• The consultant and staff can focus on building a broadband service knowing the
process for contracts/compensation has been completed
Disadvantages:
• Potentially higher cost; however, there is no long term commitment
• Consultants are outside the direct control of Town’s organization; however, they
provide expertise and third-party objectivity to focus on the project at hand
without distractions from internal day-to-day priorities of the Town.
• Internal staff resources are required to manage the consultants; however, timely
results are achieved without adding additional staff and the corresponding long
term financial commitment
Action Recommended:
Staff recommends approval of the attached agreement.
Finance/Resource Impact:
Financial resources are included in the Broadband seed funding and Broadband bond
proceeds
Level of Public Interest
Very high, our customers are anxious to purchase this fiber-based internet service
Sample Motion:
I move for the approval/denial of the contract.
Attachments:
Ridgesight Professional Services Agreement
44
45
46
47
48
49
50
51
52
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through:
From:
Date:
Town Administrator Lancaster
Greg Muhonen, Public Works Director
June 25, 2019
RE: RESOLUTION 15-19. TO SUPPORT THE GRANT APPLICATION FOR A
GREAT OUTDOORS COLORADO CONNECT INITIATIVE TO
CONSTRUCT A PHASE OF THE FALL RIVER TRAIL EXTENSION PROJ
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve a resolution to proceed with a grant application to obtain $2,000,000 from
Great Outdoors Colorado (GOCO) Trail Connect program for the construction of a
segment of the Fall River Trail.
Present Situation:
The existing Fall River Trail runs from downtown Estes Park to Sleepy Hollow Court
where it abruptly ends and walkers and cyclist must turn around or travel on the road.
Visitors and residents extensively use this trail as part of the Estes Park outdoor
experience. Highway 34 (Fall River Road) leads to the second busiest entrance to
Rocky Mountain National Park (RMNP), and has heavy, fast-moving traffic, especially in
the summer and fall weekends. Establishing a safe corridor to connect the existing trail
to RMNP is a high priority for the Town of Estes Park and this community.
On March 12, 2019, the Town Board authorized the Mayor to sign a letter of support for
a GOCO concept application for the construction of a segment of the Fall River Trail
Extension Project. The GOCO Board selected this project to submit a full application
which is due, August 2, 2019.
The Town was awarded two grants from Colorado Parks and Wildlife (CPW) with Land
and Water Conservation Funds and Recreational Trail Program funds. These funds
along with support from the Town and the Estes Valley Recreation and Park District
(EVRPD) will support construction for 1.1 miles starting at the RMNP boundary. A
Federal Land Access Program grant application was submitted in June, 2019 to
potentially fund the balance of the Fall River Trail construction in 2023-2025.
Proposal:
Public Works is requesting from GOCO a grant award of $2 million (maximum award
amount) to support construction of a segment of the proposed 2.5 mile trail that will 53
extend the existing trail along US34 to Fish Hatchery Road to RMNP boundary at
Aspenglen Campground. The 1.3 mile trail segment proposed for GOCO funds extends
from Fall River Court on US 34 to the Fall River crossing on Fish Hatchery Road.
Requirements for the grant application include a Town Board resolution that supports
the project application, construction completion, matching funds, public access, and
future maintenance responsibility.
Advantages:
•The 2016 Estes Valley Trails Master Plan identified the Fall River Trail as the Estes Valley
community’s top trail priority based on a matrix of factors.
•This project is construction-ready with design and engineering, and construction cost
estimate complete.
•Environmental assessment will be complete before the scheduled notice of grant award.
•This trail extension will provide added safety to residents and visitors that walk/bike this
heavily-trafficked stretch of Fall River Road (US34).
•This will be a vital link between trails in downtown Estes Park and the trail network of Rocky
Mountain National Park.
•This work delivers progress on the future trail connection to the Federal Transit
Administration-funded Transit Hub and Parking Structure at the Visitors Center.
•The trail will help alleviate traffic congestion by providing an option for non-motorized travel
between RMNP and the activities and businesses of downtown Estes Park.
Disadvantages:
Construction activity will be disruptive for local residents, businesses, and motorists.
Action Recommended:
The Public Works Department is recommends approval of the attached resolution of
support for the GOCO application to construct another segment of the Fall River Trail
and obligates the Town to meet GOCO grant local match funding requirements for this
award. The grant application is due in August 2, 2019. The award announcement is
expected in October 2019.
Finance/Resource Impact:
The project budget is $3,046,380. The GOCO grant has a $2,000,000 limit and a 25%
project match will be required. The Town proposes cost share support from 1A Trails
Funds and Larimer County Open Space in the amount of $736,380 and partnership
funding from EVRPD in the amount of $300,000 and Larimer County adding $10,000.
Level of Public Interest
The level of Public Interest is moderate.
Sample Motion:
I move for the approval/denial to approve Resolution 15-19 and proceed with the
preparation and completion of the GOCO grant application to provide grant funding up
to $2 million for a segment of the Fall River Trail Extension Project.
Attachments: Resolution 15-19 and Fall River Trail Map
54
RESOLUTION 15-19
WHEREAS, the Town of Estes Park supports the Great Outdoors Colorado grant
application for the Fall River Trail Extension Project, and if the grant is awarded, the
Town of Eses Park will manage the construction of the project; and
WHEREAS, the Town of Estes Park has requested $2,000,000 from Great
Outdoors Colorado to extend the Fall River Trail from its current terminus west on US34
to Rocky Mountain National Park, and specifically for the trail segment from Fall River
Court on US34 to the Fall River crossing on Fish Hatchery Road.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1. The Estes Park Town Board authorizes the expenditure of funds necessary to
meet the terms and obligations of any grant award.
2. The site is owned by the Colorado Department of Transportation (CDOT) and will
be owned by the CDOT for the next 25 years.
3. The Town Board recognizes that, as the recipient of a Great Outdoors Colorado
Local Government Grant, the project site must provide reasonable public access.
4. The Town will maintain the Fall River Trail Extension Project in a high-quality
condition and the Town Board will appropriate funds for maintenance in its
annual budget.
5. If the grant is awarded, the Town Board hereby authorizes the Mayor to sign the
grant agreement with Great Outdoors Colorado.
6. The resolution to be in full force and effect from and after its passage and
approval.
DATED this day of , 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
55
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 500 1,000Feet
1 in = 1,000 ft±Town of Estes Park Fall River TrailProject Site Map
ROCKY MOUNTAINNATIONAL PARK
Public Works Department
TOWN OFESTES PARKFall River Trail
Trail Segment
2019 Trail Alignment (LWCF Grant)
2020 Trail Alignment (NMT Grant)
2021 Trail Alignment (2019 GOCO Grant)
2022 Trail Alignment
Rocky Mtn National Park Boundary
Streams
Lakes
56
RESOLUTION 16-19
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Lodging & Entertainment Liquor
License, filed by, CS & CS LLC, dba Coffee on the Rocks, 510 Moraine Avenue, Estes
Park, Colorado, is May 28, 2019.
It is hereby ordered that a public hearing on said application shall be held in the
Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, July 9, 2019
at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application
and hearing shall be the area included within a radius of 2.98 miles, as measured from
the center of the applicant's property.
DATED this day of , 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
57
58
FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: June 25, 2019
RE: Revised Policy 650 - Town Investment
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER – CONSENT
QUASI-JUDICIAL YES NO
Objective:
Adopt the revised Town Investment Policy # 650 reflecting recent changes in underlying
state statutes.
Present Situation:
The current investment policy was last updated June 9, 2015. There have been some
minor changes to the underlying state statutes that define eligible investments for
governmental entities, including local governments. The proposed draft policy reflects
these changes and retains the areas where our policy is more restrictive that state
statutes, such as limiting concentrations of certain types of investments to 25% instead
of the statutory 50%. The changes to the existing investment policy are noted in the
redlined document attached hereto.
Money market funds are considered by many to be bank accounts, not investments but
state statutes have them included as investments and have certain criteria that must be
met. We use qualified money market funds and the attached policy modifications
clarifies that they are subject to this Investment Policy and must meet these specific
requirements.
Proposal:
Staff has worked with our investment advisor to modify the investment policy and reflect
the changes in statutory provisions made since the last update.
Advantages:
The revised policy clarifies what constitutes a qualified investment under Town Policy
and State statutes.
59
Disadvantages:
None.
Action Recommended:
Adopt the investment policy revisions by Town motion.
Finance/Resource Impact:
None
Level of Public Interest
Limited
Sample Motion:
I move for the approval/denial of the revised policy #650 – Town Investments.
Attachments:
Attachment A – Finance 650 Investment Policy – redlined version
60
Investment Policy August 1, 2019
Revisions: 01.0 Town of Estes Park, Finance Page 1 of 22
Effective Period: Until superceded
Review Schedule: Annual
Effective Date: August 1, 2019
References: Policy governance documents 3.3.8, 3.4.3. 3.5.7
FINANCE
650
Investment Policy
1. PURPOSE
The Investment Policy of the Town of Estes Park addresses the methods, procedures
and practices which must be exercised to ensure effective and judicious fiscal and
investment management of the Town’s funds. This policy applies to the investment
activities of the Town with regard to all funds except for employees' investment
retirement funds and proceeds from certain bond issues.
2. POLICY
The Town administers and safeguards its investments on behalf of the citizens of Estes
Park. The primary objectives, in priority order, of investment activities shall be safety,
liquidity, and yield. The remainder of this document describes the Town’s investment
universe.
3. PROCEDURE
A. General Objectives
The primary objectives, in priority order, of investment activities shall be safety, liquidity,
and yield:
1.Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
a. Credit Risk. The Town of Estes Park will minimize credit risk, the risk of loss
due to the failure of the security issuer or backer, by:
x Limiting investments to the safest types of securities
x Pre-qualifying the financial institutions, broker/dealers, intermediaries, and
advisers with which the Town of Estes Park will do business
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x Diversifying the investment portfolio so that potential losses on individual
securities will be minimized.
b. Interest Rate Risk. The Town of Estes Park will minimize the risk that the
market value of securities in the portfolio will fall due to changes in general
interest rates, by:
x Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to maturity
x Investing operating funds primarily in shorter-term securities,and local
government investment pools.
2.Liquidity.The investment portfolio shall remain sufficiently liquid to meet all
operating requirements that may be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature concurrent with cash needs to meet
anticipated demands (static liquidity). Furthermore, since all possible cash demands
cannot be anticipated, the portfolio should consist largely of securities with active
secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be
placed in money market funds or local government investment pools which offer same-
day liquidity for short-term funds.
3. Yield.The investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into account the
investment risk constraints and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described above. The core of
investmentsInvestments are limited to relatively low risk securities in anticipation of
earning a fair return relative to the risk being assumed.
B.Standards of Care
1.Prudence.The standard of prudence to be used by investment officials shall be the
"prudent person" standard and shall be applied in the context of managing an overall
portfolio.
Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income to be derived.
2. Ethics and Conflicts of Interest.Officers and employees involved in the investment
process shall refrain from personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair their ability
to make impartial decisions. Employees and investment officials shall disclose any
material interests in financial institutions with which they conduct business. They shall
further disclose any personal financial/investment positions that could be related to the
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performance of the investment portfolio. Employees and officers shall refrain from
undertaking personal investment transactions with the same individual with whom
business is conducted on behalf of the Town of Estes Park.
3. Delegation of Authority. Authority to manage the investment program is granted to
the Finance OfficerFinance Director, and derived from Section 24-75-601, C.R.S.
Responsibility for the operation of the investment program is hereby delegated to the
Finance OfficerFinance Director, who shall act in accordance with established written
procedures and internal controls for the operation of the investment program consistent
with this investment policy. Procedures should include references to: safekeeping,
delivery vs. payment, investment accounting, wire transfer agreements, and
collateral/depository agreements. No person may engage in an investment transaction
except as provided under the terms of this policy and the procedures established by the
Finance OfficerFinance Director. The Finance OfficerFinance Director shall be
responsible for all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
C.Broker/Dealer Selection, Safekeeping and Custody
1. Authorized Financial Dealers and Institutions
The Finance OfficerFinance Director shall maintain a list of authorized broker/dealers
approved for investment purposes, and it shall be the policy of the Town to purchase
securities only from those authorized firms.
To be eligible, a firm must meet at least one of the following criteria:
a) Be recognized as a Primary Dealer by the Federal Reserve Bank of New York,
b) Report voluntarily to Federal Reserve Bank of New York,
c) Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform
Net Capital Rule).
The Town may engage the services of investment advisory firms to assist in the
management of the portfolio and investment advisors may utilize their own list of
approved broker/dealers. Such broker/dealers will comply with the selection criteria
above and the list of approved firms shall be provided to the Town on an annual basis
or upon request.
In the event that an external investment advisor is not engaged by the Town, all
financial institutions and broker/dealers who desire to become qualified for investment
transactions must supply the following as appropriate:
a) Audited financial statements
b) Proof of National Association of Securities Dealers (NASD)Financial Industry
Regulatory Authority (FINRA) registrationcertification
c) Proof of state registration
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d) Certification of having read and understood and agreeing to comply with the
Town of Estes Park’s investment policy.
An annual review of the financial condition and registration of qualified financial
institutions and broker/dealers will be conducted by the Finance OfficerFinance Director.
2. Internal Controls.The Finance OfficerFinance Director is responsible for
establishing and maintaining an internal control structure designed to ensure that the
assets of the Town of Estes Park are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these
objectives are met. The concept of reasonable assurance recognizes that (1) the cost of
a control should not exceed the benefits likely to be derived and (2) the valuation of
costs and benefits requires estimates and judgments by management.
Accordingly, the Finance OfficerFinance Director shall establish a process for an annual
independent review by an external auditor to assure compliance with policies and
procedures. The internal controls shall address the following points:
a) Control of collusion
b) Separation of transaction authority from accounting and recordkeeping
c) Custodial safekeeping
d) Clear delegation of authority to subordinate staff members
3. Delivery vs. Payment. All trades where applicable will be executed by delivery vs.
payment (DVP) to ensure that securities are deposited in an eligible financial institution
prior to the release of funds. Securities will be held by a third-party custodian as
evidenced by safekeeping receipts.
D.Suitable and Authorized Investments
1. Investment Types Consistent with Section 24-75-601, C.R.S, the following
investments will be permitted by this policy:
a) U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds and
Treasury Strips (separate trading of interest or principal) with maturities not
exceeding five years from the date of trade settlement.
b)Federal Instrumentality Obligations: Debentures, discount notes, callable
securities, step-up securities and stripped principal or coupons with defined
maturities not exceeding five years from the date of trade settlement.
Subordinated debt, mortgage-backed securities and other derivatives shall not be
purchased.
b)c)Corporate Debt: Bonds issued by any corporation or bank organized and
operating within the United States with maturities not exceeding three years from
the date of trade settlement. The debt must be rated at least AA- or the
equivalent at the time of purchase by at least two Nationally Recognized
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Statistical Rating Organizations (NRSRO). Subordinated debt shall not be
purchased. No more than 25% of the Town’s total portfolio may be invested in
the combination of commercial paper and corporate bonds, with no more than
5% held in the debt of any one issuer.
c)d)Commercial Paper: Commercial paper with an original maturity of 270
days or less that is rated at least A-1,or the equivalent at the time of purchase by
at least two NRSROs. If the commercial paper issuer has senior debt
outstanding, the senior debt must be rated at least AA- or the equivalent at the
time of purchase by at least two NRSROs. No more than 25% of the Town’s total
portfolio may be invested in the combination of commercial paper and corporate
bonds, with no more than 5% held in the debt of any one issuer.
d)e)Certificates of Deposit: Certificates of deposit with a maturity not
exceeding five years in any state bank, national bank, or state or federal savings
bank located in Colorado that is a member of the Federal Deposit Insurance
Corporation and is a state approved depository per CRS 24-75-603. Certificates
of deposit that exceed FDIC insurance limits shall be collateralized as required
by the Public Deposit Protection Act (CRS 11-10.5-101 et. seq.) Preference will
be given to local financial institutions when investing in certificates of deposit. ;
e)f)Municipal Debt: General obligations and revenue obligations of state or local
governments with a maturity not exceeding five years from the date of trade
settlement. General obligations and revenue obligations of this state or any
political subdivision of this state must be rated at the time of purchase at least A
or the equivalent by at least two NRSROs. General obligations and revenue
obligations of any other state or political subdivision of any other state must be
rated at the time of purchase at least AA or the equivalent by at least two
NRSROs. No more than 20% of the Town’s portfolio may be invested in
municipal debt, with no more than 5% of the portfolio held in any one issuer.
g)Local Ggovernment Iinvestment Ppools: that are “no-load: (i.e. no commission or
fee shall be charged on purchases or sales of shares); have a constant net asset
value of $1.00 per share; limit assets of the fund to securities authorized by state
statute; have a maximum stated maturity and weighted average maturity in
accordance with Rule 2a-7 of the Investment Company Act of 1940 and have a
rating of AAAm or the equivalent by each NRSRO that rates the pool.
f)h)Money Market Mutual Funds: that are registered under the Investment Company
Act of 1940 and are “no-load” (i.e.: no commission or fee shall be charged on
purchases or sales of shares) and charge no 12b1 fees; have a constant daily
net asset value per share of $1.00; limit assets of the fund to securities
authorized by state statute; have a maximum stated maturity and weighted
average maturity in accordance with Rule 2a-7 of the Investment Company Act of
1940; and have a rating of AAAm or the equivalent by at least one NRSRO that
rates the fund.
Securities that have been downgraded below minimum ratings described herein may be
sold or held at the Town’s discretion. The portfolio will be brought back into compliance
with Investment Policy guidelines as soon as is practical.
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2. Collateralization. Where allowed by state law (11-10.5-106,107 through 110,
C.R.S.), full collateralization will be required on certificates of deposit and other excess
deposits in financial institutions.
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E.Investment Parameters
1. Diversification. Investments shall be diversified by:
a) Limiting investments to avoid overconcentration in securities from a specific
issuer or business sector (excluding U.S. Treasury securities),
b) Limiting investment in securities that have higher credit risks,
c) Investing in securities with varying maturities, and
d) Continuously investing a portion of the portfolio in readily available funds such as
local government investment pools (LGIPs),and/or money market funds to
ensure liquidity.
2. Maximum Maturities. To the extent possible, the Town of Estes Park shall attempt
to match its investments with anticipated cash flow requirements. Investments shall be
limited to maturities not exceeding five years from the date of purchase trade settlement
unless otherwise approved in writing by the Town Board for special circumstances.
F.Reporting
1. Methods. The Finance OfficerFinance Director shall prepare an investment report on
a regular basis and provide it to the Town Administrator, including a management
summary that provides an analysis of the status of the current investment portfolio and
transactions made. This management summary will be prepared in a manner which will
allow the Town Administrator to ascertain whether investment activities during the
reporting period have conformed to the investment policy. The report will include the
following:
a) Listing of individual securities held at the end of the reporting period.
b) Listing of investment by maturity date.
c) Percentage of the total portfolio which each type of investment represents.
2. Performance Standards.The investment portfolio will be managed in accordance
with the parameters specified within this policy. The portfolio should obtain a market
average rate of return during a market/economic environment of stable interest rates.
G.Policy Considerations
1. Approval. This policy shall be reviewed on an annual basis by the Finance
OfficerFinance Director and amended as conditions warrant. Any changes must be
approved by the Town Board. This Investment Policy was adopted by the Town Board
of the Town of Estes Park on _________________, 2019. It replaces any previous
Investment Policy or investment procedures of the Town.
Approved:
Attachment A 67
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Revisions: 01.0 Town of Estes Park, Finance Page 8 of 22
________________________________________________
________________
Todd Jirsa, Mayor Date
Attachment A 68
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APPENDIX 1 - FORMS
a. C.R.S. 24-75-601.1 (2014) – Legal Investment of Public Funds
C.R.S. 24-75-601.1
COLORADO REVISED STATUTES
*** Current through all Laws passed during the 2018 Legislative Session and Ballot Measures
Approved in the November 2018 General Election ***
TITLE 24. GOVERNMENT - STATE
STATE FUNDS
ARTICLE 75.STATE FUNDS
PART 6. FUNDS - LEGAL INVESTMENTS
(1)It is lawful to invest public funds in any of the following securities:
(a)Any security issued by, fully guaranteed by, or for which the full credit of the United States
treasury is pledged for payment and, notwithstanding paragraph (a) of subsection (1.3) of this
section, inflation indexed securities issued by the United States treasury. The period from the
date of settlement of this type of security to its maturity date shall be no more than five years
unless the governing body of the public entity authorizes investment for a period in excess of
five years.
(b) (I)Any security issued by, fully guaranteed by, or for which the full credit of the following is
pledged for payment: The federal farm credit bank, the federal land bank, a federal home loan
bank, the federal home loan mortgage corporation, the federal national mortgage association,
the export-import bank, the Tennessee valley authority, the government national mortgage
association, the world bank, or an entity or organization that is not listed in this paragraph (b)
but that is created by, or the creation of which is authorized by, legislation enacted by the
United States congress and that is subject to control by the federal government that is at least
as extensive as that which governs an entity or organization listed in this paragraph (b). The
period from the date of settlement of this type of security to its maturity date shall be no more
than five years unless the governing body of the public entity authorizes investment for a
period in excess of five years.
(II)No subordinated security may be purchased pursuant to this paragraph (b).
(c)(Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
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(d) (I)Any security that is a general obligation of any state of the United States, the District of
Columbia, or any territorial possession of the United States or of any political subdivision,
institution, department, agency, instrumentality, or authority of any of such governmental
entities.
(II)No security may be purchased pursuant to this paragraph (d) unless:
(A)At the time of purchase, the security carries at least two credit ratings at or above "A" or its
equivalent from nationally recognized statistical rating organizations if it is a general obligation
of this state or of any political subdivision, institution, department, agency, instrumentality, or
authority of this state or carries at least two credit ratings at or above "AA" or its equivalent
from such organizations if it is a general obligation of any other governmental entity listed in
subparagraph (I) of this paragraph (d);
(B)(Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(C)The period from the date of settlement of this type of security to its maturity date or date of
optional redemption that has been exercised as of the date the security is purchased is no
more than five years unless the governing body of the public entity authorizes investment for a
period in excess of five years.
(e) (I)Any security that is a revenue obligation of any state of the United States, the District of
Columbia, or any territorial possession of the United States or of any political subdivision,
institution, department, agency, instrumentality, or authority of any of such governmental
entities.
(II)No security may be purchased pursuant to this paragraph (e) unless, at the time of
purchase, the security carries at least two credit ratings at or above "A" or its equivalent from
nationally recognized statistical rating organizations if it is a revenue obligation of this state or
of any political subdivision, institution, department, agency, instrumentality, or authority of this
state or carries at least two credit ratings at or above "AA" or its equivalent from such
organizations if it is a revenue obligation of any other governmental entity listed in
subparagraph (I) of this paragraph (e).
(III)The period from the date of settlement of this type of security to its maturity date or date of
optional redemption that has been exercised as of the date the security is purchased shall be
no more than five years.
(f) and (g)(Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(h)Any security of the investing public entity or any certificate of participation or other security
evidencing rights in payments to be made by the investing public entity under a lease, lease-
purchase agreement, or similar arrangement;
(h.5)Any certificate of participation or other security evidencing rights in payments to be made
by a school district under a lease, lease-purchase agreement, or similar arrangement if the
security, at the time of purchase, carries at least two credit ratings from nationally recognized
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statistical rating organizations and is rated at or above "A" or its equivalent by all such
organizations that have provided a rating;
(i)Any interest in any local government investment pool organized pursuant to part 7 of this
article;
(j)The purchase of any repurchase agreement concerning any securities referred to in
paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if
all of the conditions of subparagraphs (I) to (VI) of this paragraph (j) are met:
(I)The securities subject to the repurchase agreement must be marketable.
(II)The title to or a perfected security interest in such securities along with any necessary
transfer documents must be transferred to the investing public entity or to a custodian acting
on behalf of the investing public entity.
(III)Such securities must be actually delivered versus payment to the public entity's custodian
or to a third-party custodian or third-party trustee for safekeeping on behalf of the public entity.
(IV)The collateral securities of the repurchase agreement must be collateralized at no less
than one hundred two percent and marked to market no less frequently than weekly.
(V)The securities subject to the repurchase agreement may have a maturity in excess of five
years.
(VI)The period from the date of settlement of a repurchase agreement to its maturity date
shall be no more than five years unless the governing body of the public entity authorizes
investment for a period in excess of five years.
(j.5)Any reverse repurchase agreement concerning any securities referred to in paragraph (a)
or (b) of this subsection (1) that can otherwise be purchased under this section if all of the
conditions of subparagraphs (I) to (VII) of this paragraph (j.5) are met:
(I)Any necessary transfer documents must be transferred to the investing public entity.
(II)Cash must be received by the investing public entity or a custodian acting on behalf of the
investing public entity in a deliver versus payment settlement.
(III)The cash received from a reverse repurchase agreement must be collateralized at no
more than one hundred and five percent and marked to market no less frequently than weekly.
(IV)The repurchase agreement is not greater than ninety days in maturity from the date of
settlement unless the governing body of the public entity authorizes investment for a period in
excess of ninety days.
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(V)The counter-party meets the credit conditions of an issuer that would qualify under
paragraph (m) of this subsection (1).
(VI)The value of all securities reversed under this paragraph (j.5) does not exceed eighty
percent of the total deposits and investments of the public entity.
(VII)No securities are purchased with the proceeds of the reverse repurchase agreement that
are greater in maturity than the term of the reverse repurchase agreement.
(j.7)A securities lending agreement in which the public entity lends securities in exchange for
securities authorized for investment in this section, if all of the following conditions are met:
(I)Any necessary transfer documents must be transferred to the investing public entity.
(II)Securities must be received by the investing public entity or a custodian acting on behalf of
the investing public entity in a simultaneous settlement.
(III)The securities received in the securities lending agreement must be no less than one
hundred two percent of the value of the securities lent and marked to market no less frequently
than weekly.
(IV)The counter-party meets the conditions of an issuer specified in paragraph (m) of this
subsection (1).
(V)In the case of a local government, the securities lending agreement shall be approved and
designated by written resolution adopted by a majority vote of the governing body of the local
government, which resolutions shall be recorded in its minutes.
(k)Any money market fund that is registered as an investment company under the federal
"Investment Company Act of 1940", as amended, if, at the time the investing public entity
invests in such fund:
(I)The investment policies of the fund include seeking to maintain a constant share price;
(II)No sales or load fee is added to the purchase price or deducted from the redemption price
of the investments in the fund and no fee may be charged unless the governing body of the
public entity authorizes such a fee at the time of the initial purchase;
(III)The investments of the fund consist only of securities with a maximum remaining maturity
as specified in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or
any successor regulation under such act regulating money market funds, so long as such rule
2a-7 is not amended to, or such successor regulation does not, increase the maximum
remaining maturity of such securities to a period that is greater than three years, and if the
fund has assets of one billion dollars or more, or has the highest current credit rating from one
or more nationally recognized statistical rating organizations.
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(IV)The dollar-weighted average portfolio maturity of the fund meets the requirements
specified in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or
any successor regulation under such act regulating money market funds, so long as such rule
2a-7 is not amended to increase the dollar-weighted average portfolio maturity of a fund to a
period greater than one hundred eighty days.
(l) (I)Any guaranteed investment contract, guaranteed interest contract, annuity contract, or
funding agreement if, at the time the contract or agreement is entered into, the long-term credit
rating, financial obligations rating, claims paying ability rating, or financial strength rating of the
party, or of the guarantor of the party, with whom the public entity enters the contract or
agreement is, at the time of issuance, rated in one of the two highest rating categories by two
or more nationally recognized statistical rating organizations.
(II)(Deleted by amendment, L. 2004, p. 950, 7, effective May 21, 2004.)
(III)(A) Except as provided in sub-subparagraph (B) of this subparagraph (III), the contracts or
agreements purchased under this paragraph (l) shall not have a maturity period greater than
three years.
(B)Contracts or agreements with a maturity period greater than three years shall only be
purchased with proceeds of the sale of securities of a public entity and proceeds of certificates
of participation or other securities evidencing rights in payments to be made by a public entity
under a lease, lease-purchase agreement, or other similar arrangement or if purchased by
revenues pledged to the payment of such securities or certificates; except that no contract or
agreement may be purchased pursuant to this paragraph (l) with the proceeds of any of the
foregoing that are held in an escrow or otherwise for the purpose of refunding bonds or other
obligations of a public entity.
(m)(I) Any corporate or bank security that is denominated in United States dollars, that
matures within three years from the date of settlement, that at the time of purchase carries at
least two credit ratings from any of the nationally recognized statistical ratings organizations,
and that is not rated below:
(A)"A1, P1, or F1" or their equivalents by either rating used to fulfill the requirements of this
subparagraph (I) if the security is a money market instrument such as commercial paper or
bankers' acceptance; or
(B)"AA- or Aa3" or their equivalents by either rating used to fulfill the requirements of this
subparagraph (I) if the security is any other kind of security.
(II)At no time shall the book value of a public entity's investment in notes evidencing a debt
pursuant to this paragraph (m) exceed the following:
(A)Fifty percent of the book value of the public entity's investment portfolio unless the
governing body of the public entity authorizes a greater percent of such book value; or
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(B)Five percent of the book value of the public entity's investment portfolio if the notes are
issued by a single corporation or bank unless the governing body of the public entity
authorizes a greater percent of such book value.
(III)No subordinated security may be purchased pursuant to this paragraph (m). No security
issued by a corporation or bank that is not organized and operated within the United States
may be purchased pursuant to this paragraph (m) unless the governing body of the public
entity authorizes investment in such securities.
(n)(Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(1.3)(a) Except as provided in paragraph (a) of subsection (1) of this section and except as
provided in paragraph (b) of this subsection (1.3), public funds shall not be invested in any
security on which the coupon rate is not fixed, or a schedule of specific fixed coupon rates is
not established, from the time the security is settled until its maturity date, other than shares in
qualified money market mutual funds, unless the coupon rate is:
(I)Established by reference to the rate on a United States treasury security with a maturity of
one year or less or to the United States dollar London interbank offer rate of one year or less
maturity, or to the cost of funds index or the prime rate as published by the federal reserve;
and
(II)Expressed as a positive value of the referenced index plus or minus a fixed number of
basis points.
(b)A municipal index may be used for the investment of bond or note accounts from issues
with coupons linked to the same index.
(c)For purposes of this section, "maturity date" means the last possible date, barring default,
that principal can be repaid to the purchaser.
(1.5)Any firm that sells any financial instrument that fails to comply with the provisions of this
section to any public entity in the state of Colorado shall, upon demand of the public entity
through the state treasurer, repurchase such instruments for the greater of the original
purchase principal amount or the original face value, plus any and all accrued interest, within
one business day of the demand.
(2)Investments made pursuant to this section shall be made in conformance with the
standard set forth in section 15-1-304, C.R.S.
(2.3)Public entities shall adopt criteria designating eligible broker-dealers for the purchase of
term securities, except for bond proceed investments, under this section.
(2.5)(a) If a public entity invests public moneys through an investment firm offering for sale
corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate
securities, the investment firm shall disclose, in any research or other disclosure documents
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provided in support of the securities being offered, to the public entity whether the investment
firm has an agreement with a for-profit corporation that is not a government-sponsored
enterprise, whose securities are being offered for sale to the public entity and because of such
agreement the investment firm:
(I)Had received compensation for investment banking services within the most recent twelve
months; or
(II)May receive compensation for investment banking services within the next three
consecutive months.
(b)For the purposes of this subsection (2.5), "investment firm" means a bank, brokerage firm,
or other financial services firm conducting business within this state, or any agent thereof.
(3)Nothing in this section is intended to limit:
(a)The power of any public entity to invest any public funds in any security or other
investment permitted to such public entities under any other valid law of the state; or
(b)The power of any home rule city, city and county, town, or county to invest any public
funds in any security or other investment permitted under the charter or ordinance of such
home rule city, city and county, town, or county; or
(c)The authority of the state board of regents to invest any funds available to the board in any
security or other investment otherwise provided by law.
(3.5)(Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(4)Nothing in this section is intended to apply to public funds held or invested as part of any
pension plan, full or supplemental retirement plan, or deferred compensation plan.
COLORADO REVISED STATUTES
* This document reflects changes current through all laws passed at the
Second Regular Session of the Sixty-Ninth General Assembly
of the State of Colorado (2014)
and changes approved by the electorate at the November 2014 election *
TITLE 24. GOVERNMENT - STATE
STATE FUNDS
ARTICLE 75.STATE FUNDS
PART 6. FUNDS - LEGAL INVESTMENTS
C.R.S. 24-75-601.1 (2014)
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24-75-601.1. Legal investments of public funds
(1) It is lawful to invest public funds in any of the following securities:
(a) Any security issued by, fully guaranteed by, or for which the full credit of the United States
treasury is pledged for payment and, notwithstanding paragraph (a) of subsection (1.3) of this
section, inflation indexed securities issued by the United States treasury. The period from the date
of settlement of this type of security to its maturity date shall be no more than five years unless
the governing body of the public entity authorizes investment for a period in excess of five years.
(b) (I) Any security issued by, fully guaranteed by, or for which the full credit of the following is
pledged for payment: The federal farm credit bank, the federal land bank, a federal home loan
bank, the federal home loan mortgage corporation, the federal national mortgage association, the
export-import bank, the Tennessee valley authority, the government national mortgage
association, the world bank, or an entity or organization that is not listed in this paragraph (b) but
that is created by, or the creation of which is authorized by, legislation enacted by the United
States congress and that is subject to control by the federal government that is at least as
extensive as that which governs an entity or organization listed in this paragraph (b). The period
from the date of settlement of this type of security to its maturity date shall be no more than five
years unless the governing body of the public entity authorizes investment for a period in excess
of five years.
(II) No subordinated security may be purchased pursuant to this paragraph (b).
(c) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(d) (I) Any security that is a general obligation of any state of the United States, the District of
Columbia, or any territorial possession of the United States or of any political subdivision,
institution, department, agency, instrumentality, or authority of any of such governmental entities.
(II) No security may be purchased pursuant to this paragraph (d) unless:
(A) At the time of purchase, the security carries at least two credit ratings at or above "A" or its
equivalent from nationally recognized statistical rating organizations if it is a general obligation of
this state or of any political subdivision, institution, department, agency, instrumentality, or
authority of this state or carries at least two credit ratings at or above "AA" or its equivalent from
such organizations if it is a general obligation of any other governmental entity listed in
subparagraph (I) of this paragraph (d);
(B) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(C) The period from the date of settlement of this type of security to its maturity date or date of
optional redemption that has been exercised as of the date the security is purchased is no more
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than five years unless the governing body of the public entity authorizes investment for a period
in excess of five years.
(e) (I) Any security that is a revenue obligation of any state of the United States, the District of
Columbia, or any territorial possession of the United States or of any political subdivision,
institution, department, agency, instrumentality, or authority of any of such governmental entities.
(II) No security may be purchased pursuant to this paragraph (e) unless, at the time of purchase,
the security carries at least two credit ratings at or above "A" or its equivalent from nationally
recognized statistical rating organizations if it is a revenue obligation of this state or of any
political subdivision, institution, department, agency, instrumentality, or authority of this state or
carries at least two credit ratings at or above "AA" or its equivalent from such organizations if it is
a revenue obligation of any other governmental entity listed in subparagraph (I) of this paragraph
(e).
(III) The period from the date of settlement of this type of security to its maturity date or date of
optional redemption that has been exercised as of the date the security is purchased shall be no
more than five years.
(f) and (g) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(h) Any security of the investing public entity or any certificate of participation or other security
evidencing rights in payments to be made by the investing public entity under a lease, lease-
purchase agreement, or similar arrangement;
(h.5) Any certificate of participation or other security evidencing rights in payments to be made by
a school district under a lease, lease-purchase agreement, or similar arrangement if the security, at
the time of purchase, carries at least two credit ratings from nationally recognized statistical
rating organizations and is rated at or above "A" or its equivalent by all such organizations that
have provided a rating;
(i) Any interest in any local government investment pool organized pursuant to part 7 of this
article;
(j) The purchase of any repurchase agreement concerning any securities referred to in paragraph
(a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the
conditions of subparagraphs (I) to (VI) of this paragraph (j) are met:
(I) The securities subject to the repurchase agreement must be marketable.
(II) The title to or a perfected security interest in such securities along with any necessary transfer
documents must be transferred to the investing public entity or to a custodian acting on behalf of
the investing public entity.
(III) Such securities must be actually delivered versus payment to the public entity's custodian or
to a third-party custodian or third-party trustee for safekeeping on behalf of the public entity.
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(IV) The collateral securities of the repurchase agreement must be collateralized at no less than
one hundred two percent and marked to market no less frequently than weekly.
(V) The securities subject to the repurchase agreement may have a maturity in excess of five years.
(VI) The period from the date of settlement of a repurchase agreement to its maturity date shall be
no more than five years unless the governing body of the public entity authorizes investment for a
period in excess of five years.
(j.5) Any reverse repurchase agreement concerning any securities referred to in paragraph (a) or
(b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions
of subparagraphs (I) to (VII) of this paragraph (j.5) are met:
(I) Any necessary transfer documents must be transferred to the investing public entity.
(II) Cash must be received by the investing public entity or a custodian acting on behalf of the
investing public entity in a deliver versus payment settlement.
(III) The cash received from a reverse repurchase agreement must be collateralized at no more
than one hundred and five percent and marked to market no less frequently than weekly.
(IV) The repurchase agreement is not greater than ninety days in maturity from the date of
settlement unless the governing body of the public entity authorizes investment for a period in
excess of ninety days.
(V) The counter-party meets the credit conditions of an issuer that would qualify under paragraph
(m) of this subsection (1).
(VI) The value of all securities reversed under this paragraph (j.5) does not exceed eighty percent
of the total deposits and investments of the public entity.
(VII) No securities are purchased with the proceeds of the reverse repurchase agreement that are
greater in maturity than the term of the reverse repurchase agreement.
(j.7) A securities lending agreement in which the public entity lends securities in exchange for
securities authorized for investment in this section, if all of the following conditions are met:
(I) Any necessary transfer documents must be transferred to the investing public entity.
(II) Securities must be received by the investing public entity or a custodian acting on behalf of the
investing public entity in a simultaneous settlement.
(III) The securities received in the securities lending agreement must be no less than one hundred
two percent of the value of the securities lent and marked to market no less frequently than
weekly.
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(IV) The counter-party meets the conditions of an issuer specified in paragraph (m) of this
subsection (1).
(V) In the case of a local government, the securities lending agreement shall be approved and
designated by written resolution adopted by a majority vote of the governing body of the local
government, which resolutions shall be recorded in its minutes.
(k) Any money market fund that is registered as an investment company under the federal
"Investment Company Act of 1940", as amended, if, at the time the investing public entity invests
in such fund:
(I) The investment policies of the fund include seeking to maintain a constant share price;
(II) No sales or load fee is added to the purchase price or deducted from the redemption price of
the investments in the fund and no fee may be charged unless the governing body of the public
entity authorizes such a fee at the time of the initial purchase;
(III) The investments of the fund consist only of securities with a maximum remaining maturity as
specified in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or any
successor regulation under such act regulating money market funds, so long as such rule 2a-7 is
not amended to, or such successor regulation does not, increase the maximum remaining maturity
of such securities to a period that is greater than three years, and if the fund has assets of one
billion dollars or more, or has the highest current credit rating from one or more nationally
recognized statistical rating organizations.
(IV) The dollar-weighted average portfolio maturity of the fund meets the requirements specified
in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or any successor
regulation under such act regulating money market funds, so long as such rule 2a-7 is not
amended to increase the dollar-weighted average portfolio maturity of a fund to a period greater
than one hundred eighty days.
(l) (I) Any guaranteed investment contract, guaranteed interest contract, annuity contract, or
funding agreement if, at the time the contract or agreement is entered into, the long-term credit
rating, financial obligations rating, claims paying ability rating, or financial strength rating of the
party, or of the guarantor of the party, with whom the public entity enters the contract or
agreement is, at the time of issuance, rated in one of the two highest rating categories by two or
more nationally recognized statistical rating organizations.
(II) (Deleted by amendment, L. 2004, p. 950, 7, effective May 21, 2004.)
(III) (A) Except as provided in sub-subparagraph (B) of this subparagraph (III), the contracts or
agreements purchased under this paragraph (l) shall not have a maturity period greater than
three years.
(B) Contracts or agreements with a maturity period greater than three years shall only be
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purchased with proceeds of the sale of securities of a public entity and proceeds of certificates of
participation or other securities evidencing rights in payments to be made by a public entity under
a lease, lease-purchase agreement, or other similar arrangement or if purchased by revenues
pledged to the payment of such securities or certificates; except that no contract or agreement
may be purchased pursuant to this paragraph (l) with the proceeds of any of the foregoing that are
held in an escrow or otherwise for the purpose of refunding bonds or other obligations of a public
entity.
(m) (I) Any corporate or bank security that is denominated in United States dollars, that matures
within three years from the date of settlement, that at the time of purchase carries at least two
credit ratings from any of the nationally recognized statistical ratings organizations, and that is
not rated below:
(A) "A1, P1, or F1" or their equivalents by either rating used to fulfill the requirements of this
subparagraph (I) if the security is a money market instrument such as commercial paper or
bankers' acceptance; or
(B) "AA- or Aa3" or their equivalents by either rating used to fulfill the requirements of this
subparagraph (I) if the security is any other kind of security.
(II) At no time shall the book value of a public entity's investment in notes evidencing a debt
pursuant to this paragraph (m) exceed the following:
(A) Fifty percent of the book value of the public entity's investment portfolio unless the governing
body of the public entity authorizes a greater percent of such book value; or
(B) Five percent of the book value of the public entity's investment portfolio if the notes are issued
by a single corporation or bank unless the governing body of the public entity authorizes a greater
percent of such book value.
(III) No subordinated security may be purchased pursuant to this paragraph (m). No security
issued by a corporation or bank that is not organized and operated within the United States may
be purchased pursuant to this paragraph (m) unless the governing body of the public entity
authorizes investment in such securities.
(n) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(1.3) (a) Except as provided in paragraph (a) of subsection (1) of this section and except as
provided in paragraph (b) of this subsection (1.3), public funds shall not be invested in any
security on which the coupon rate is not fixed, or a schedule of specific fixed coupon rates is not
established, from the time the security is settled until its maturity date, other than shares in
qualified money market mutual funds, unless the coupon rate is:
(I) Established by reference to the rate on a United States treasury security with a maturity of one
year or less or to the United States dollar London interbank offer rate of one year or less maturity,
or to the cost of funds index or the prime rate as published by the federal reserve; and
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(II) Expressed as a positive value of the referenced index plus or minus a fixed number of basis
points.
(b) A municipal index may be used for the investment of bond or note accounts from issues with
coupons linked to the same index.
(c) For purposes of this section, "maturity date" means the last possible date, barring default, that
principal can be repaid to the purchaser.
(1.5) Any firm that sells any financial instrument that fails to comply with the provisions of this
section to any public entity in the state of Colorado shall, upon demand of the public entity
through the state treasurer, repurchase such instruments for the greater of the original purchase
principal amount or the original face value, plus any and all accrued interest, within one business
day of the demand.
(2) Investments made pursuant to this section shall be made in conformance with the standard set
forth in section 15-1-304, C.R.S.
(2.3) Public entities shall adopt criteria designating eligible broker-dealers for the purchase of
term securities, except for bond proceed investments, under this section.
(2.5) (a) If a public entity invests public moneys through an investment firm offering for sale
corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities,
the investment firm shall disclose, in any research or other disclosure documents provided in
support of the securities being offered, to the public entity whether the investment firm has an
agreement with a for-profit corporation that is not a government-sponsored enterprise, whose
securities are being offered for sale to the public entity and because of such agreement the
investment firm:
(I) Had received compensation for investment banking services within the most recent twelve
months; or
(II) May receive compensation for investment banking services within the next three consecutive
months.
(b) For the purposes of this subsection (2.5), "investment firm" means a bank, brokerage firm, or
other financial services firm conducting business within this state, or any agent thereof.
(3) Nothing in this section is intended to limit:
(a) The power of any public entity to invest any public funds in any security or other investment
permitted to such public entities under any other valid law of the state; or
(b) The power of any home rule city, city and county, town, or county to invest any public funds in
any security or other investment permitted under the charter or ordinance of such home rule city,
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city and county, town, or county; or
(c) The authority of the state board of regents to invest any funds available to the board in any
security or other investment otherwise provided by law.
(3.5) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.)
(4) Nothing in this section is intended to apply to public funds held or invested as part of any
pension plan, full or supplemental retirement plan, or deferred compensation plan.
Attachment A 82
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: June 25, 2019
RE: Continuance Request for Supplemental Condominium Map #8, Sundance
Condominiums, 1400 Sierra Sage Lane, Kinley Investment, Nathan Kinley,
Owner/Applicant
Staff requests the Supplemental Condominium Map #8, Sundance Condominiums, 1400 Sierra
Sage Lane be continued to the July 23, 2019 Town Board Hearing.
Memo
COMMUNITY DEVELOPMENT
83
84
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeff Woeber, Senior Planner
Date: June 25, 2019
RE: Preliminary Plat – Grady Minor Subdivision
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing and make a decision on a Preliminary Minor Subdivision Plat
request to subdivide one parcels into 2 legal lots.
Present Situation:
The project area is located north of West Elkhorn Avenue, east of James Street, and
west of Far View Drive, within Town limits.
The total land area is approximately 2.29 acres and is currently developed with two
single family homes and a detached garage. The property is zoned E-1 Estate with a 1
acre minimum lot size.
In December 2016, a final plat for this property was approved by Town Board, titled
“Watson Minor Subdivision”. This plat also proposed to create two lots from one, but in
a different configuration than this application. However, the final plat was never
recorded by the previous applicant. As such, the plat was not finalized and the
application has since expired.
Proposal:
This proposal entails creating two legal lots from one unplatted parcel. The resulting lots
will be approximately 1.29 and 1.001 acres in size. The proposed Lot 1 will include one
existing single family home and detached garage and Lot 2 will include the other
existing single family home. Existing improvements will meet all dimensional and
density standards for each lot.
Review Process:
EVDC §3.9.E. All subdivision applications shall demonstrate compliance with the
standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other
85
applicable provisions of Code.
Review Criteria:
Generally, depending upon the complexity of the project, this section may be a brief
summary of the standards of review or may involve a more detailed analysis of the
standards based upon issues relevant to any particular project.
1.Water. Existing water service is provided to both proposed lots.
2.Sewer. Existing sanitary sewer service is provided to both proposed lots. A 20’
sanitary sewer easement across both lots will also be dedicated for this
subdivision.
3.Access. Access to Lot 1 will utilize an existing access easement through 340
James Street in addition to a 25’ access and utility easement through Lot 2
proposed with this subdivision. Access to Lot 2 will be provided off of Far View
Drive.
4.Sidewalk/Trails. N/A
5.Mapped Hazard Areas. The subject property is not within flood or geologic
hazard areas. Any new construction for single-family residences will be required
to comply with Larimer County’s wildfire mitigation requirements at time of
building permit.
6.Comprehensive Plan. The property is located within the Fall River Planning Sub-
Area. The Comprehensive Plan recognizes existing uses primarily consisting of
single-family and accommodation uses, with discouragement of future commercial
convenience type uses. No changes in the existing single-family land use are
proposed with this subdivision, rather it is intended to correct an existing non-
conformity.
The proposed subdivision to create an additional single-family lot with an existing
single-family home, supports the following policies within 5.0 Housing:
•5.1 Encourage a variety of housing types and pricing.
•5.2 Encourage housing for permanent residents of all sectors of the
community that is integrated and dispersed throughout existing
neighborhoods.
Ad vantages:
•Allows for a subdivision consistent with the Estes Valley Development Code.
•Provides additional housing for permanent residents of the community.
•Remedies an existing non-conforming use while maintaining compliance with
existing zoning requirements.
Disadvantages:
•Possible increase in traffic in the immediate area.
86
Action Recommended:
The Estes Valley Planning Commission unanimously recommended that the Town
Board approve the Preliminary Plat of the Grady Minor Subdivision on May 21, 2019.
Finance/Resource Impact:
None
Level of Public Interest
Low, as of June 19, 2019 no written public comments have been received for this
application. All written comments are posted to www.estes.org/currentapplications.
Sample Motion:
I move for the approval/denial of the Preliminary Plat of the Grady Minor Subdivision
as presented.
Attachments:
1. Application
2. Vicinity Map
3. Statement of Intent
4. Preliminary Plat
87
88
89
355
325
627
570
680
340
600
553
590
301
625
552
395
Fall
Rive
rJAMES STF A R V IEW DR
W
ELKHORNAVE
JAMESST MARI
GOL
DL
NThis draft document was prepared for internal use by the
Town of Estes Park, CO. The Town makes no claim as to
the accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that you
do not post this document on the internet or otherwise
make it available to persons unknown to you.
03060
Feet
1 in = 63 ft±Town of Estes Park
Community Development
625 W. Elkhorn Ave.
Grady Minor Subdivision
Printed: 5/7/2019
Created By: Brittany Hathaway
Subject Property
90
1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: info@vanhornengineering.com
March 20, 2019
RE: 615 and 625 West Elkhorn Avenue
Grady Minor Subdivision
This letter is intended to act as a Statement of Intent for the 625 West Elkhorn Ave. proposed
Grady Minor Subdivision.
Lauri Grady, through her business Panoramic Estes, LLC, the owner of 625 West Elkhorn
Avenue, is planning to subdivide the lot into two lots, to better make use of the multiple existing
homes and features of the current lot. The subject property is approximately 2.34 acres that slopes
to the south. Two residences currently exist on the property, with the primary residence (proposed
Lot 1) being built in 1905. Access to said Proposed Lot 1 will utilize an existing driveway across
the westerly neighboring property (340 James St.), as well as the existing driveway across the
proposed Lot 2. Access to the Proposed Lot 2 will utilize an existing driveway from the south
connecting to Far View Drive.
The subject property is zoned E-1 Estate with surrounding properties having similar zoning. The
minimum lot size for E-1 zoning is 1 acre. The proposed subdivision will maintain the minimum
lot size.
Utilities that exist on the property include sewer, maintained and operated by Upper Thompson
Sanitation District. Water lines are maintained and operated by the Town of Estes Park, as are
overhead power lines. No modifications to these existing utilities is planned. Easements are being
formalized for these utilities to cross and serve the proposed Lots.
It should be noted that this Minor Subdivision was very near finalization and the approval process
back in August of 2016. At that time, the owner (Mr. Watson) passed away. This submittal
intends to formalize that earlier approval with a modification of the proposed internal lot line.
VAN HORN ENGINEERING AND SURVEYING
LAND SURVEYS
SUBDIVISIONS
DEVELOPMENT PLANNING
IMPROVEMENT PLATS
STRUCTURAL ENGINEERING
SANITARY ENGINEERING
MUNICIPAL ENGINEERING
91
92
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: June 25, 2019
RE: Ordinance 09-19: Amending the Estes Valley Development Code §9.2 and §9.3
to Remove Restrictions that Limit Planned Unit Developments (PUDs) to the CO
(Outlying Commercial) Zoning District.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Estes Valley Development Code (EVDC) Chapter 9, Planned Unit Developments (PUDs)
would be amended such that PUDs would no longer be limited to only the CO (Outlying
Commercial) Zoning District.
Town Board Continuance:
This code amendment was heard by the Town Board on May 14, 2018. At that hearing, the
Town Board directed staff to provide some additional information on PUDs. Staff has put
together information to illustrate a few different types of development projects that can be done
with a PUD, with examples. See Attachment 2.
Present Situation:
The Estes Valley Development Code (EVDC), Chapter 13 Definitions, defines a Planned Unit
Development (PUD) as follows:
184.Planned Unit Development shall mean a development of a property as a single
entity for mixed residential/commercial purposes, when the zoning regulations that would
normally apply may be superseded by controls specific to the project that allow a more
sensitive and more economical arrangement of buildings and streets on the site.
The EVDC Chapter 9, Planned Unit Developments, has a limitation on PUDs stating that they
are allowed only in the CO (Outlying Commercial) Zoning District.
93
This limitation apparently has resulted in very few PUDs being proposed or approved in the
Estes Valley, since the EVDC adoption in 2000. There simply are not many areas in CO District
zoning where it has applicability or benefits. Undeveloped, privately owned land zoned CO is
generally very scarce.
Making the PUD overlay available in other zoning districts would provide for a beneficial option
in the Estes Valley. This code amendment has been under consideration by staff in the past.
The motivation to move forward at this particular time comes from discussion with Windcliff
Estates Homeowner’s Association; however, the amendment has wider applicability. The
Members of the Windcliff POA are currently exploring re-establishing a PUD, which would not
be possible with PUDs currently being limited to CO zoning.
Various filings of Windcliff Estates were approved and recorded as PUDs through Larimer
County, beginning around the mid-1970s. Then, with adoption of the EVDC in 2000, Windcliff
Estates was zoned to E-1 (Estate). Adoption of the EVCD and new Official Zoning Map, without
reconfirming the Windcliff PUD zoning, in effect erased the Larimer County PUD zoning from
the map.
There may be misconceptions that a new Windcliff PUD is underway, or a sketch plan or draft is
being processed and reviewed. This is not the case. Other than some preliminary discussions,
there has been no proposal to Community Development. Questions specific to a Windcliff PUD
at this point in the code amendment process are premature. How any specific PUD may be put
together has yet to be determined. There are many unknown variables and possibilities. Staff
reemphasizes that Windcliff is in unincorporated Larimer County, and would not be reviewed or
acted on by the Town Board, but by the Larimer Board of County Commissioners.
Again, although the current amendment would have relevance to the Windcliff discussion, the
PUD issue is wider and encompasses a Code change that could be of interest to all of Estes
Valley.
Per the EVDC Chapter 3, Review Procedures and Standards, any Planned Unit Development
would require an individualized PUD Preliminary Plan, which requires Estes Valley Planning
Commission and Board action, and then a PUD Final Plan, requiring Board action only. Some
PUDs would also entail subdivision plats, which typically run concurrently with PUD Plans.
Each would undergo review on its own merits, case by case.
Staff does not envision many PUDs being proposed as a result of this amendment. Windcliff
is the only active example, to our knowledge. However, the amendment could be useful for
other types of mixed-use development in the future—in or near downtown, for example.
Proposal:
To amend the EVDC Chapter 9, Planned Unit Developments (PUDs), allowing a PUD to be
proposed in any of the zoning districts within the EVDC.
Advantages:
•Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review.
•This Code Amendment allows for increased PUD options, which can be a very valuable and
useful zoning tool for various areas and situations as appropriate.
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Disadvantages:
•None identified to date.
Action Recommended:
Staff is recommending approval of the proposed amendment as draft in Exhibit A [Red].
The Estes Valley Planning Commission, at their April 16, 2019 meeting, forwarded a
recommendation of approval of the Code Amendment, by a vote of 4 in favor, 1 against, and
one recusal.
Finance/Resource Impact:
N/A
Level of Public Interest:
Low. There have been inquiries and interest regarding the possibility of a Windcliff PUD.
However, staff has not received correspondence or had discussions as far as specifics of this
proposed code amendment.
Any written comments for this proposal received by staff will be posted to:
www.estes.org/currentapplications.
Sample Motion:
I move that the Town Board of Trustees approve the Estes Valley Development Code
amendment as stated in Ordinance No. 09-19, including findings as identified in the Ordinance.
I move that the Town Board of Trustees deny the Estes Valley Development Code amendment
as stated in Ordinance No. 09-19, finding that… [state findings for denial]
I move that the Town Board of Trustees continue the Estes Valley Development Code
amendment as stated in Ordinance No. 09-19 to [date certain], in order that… [state direction to
staff pursuant to continuance]
Attachments:
1. Ordinance No. 09-19: Amending the Estes Valley Development Code §9.2 and §9.3 to
Remove Restrictions that Limit Planned Unit Developments to the CO (Outlying
Commercial) Zoning District, with Exhibit A [Red], Text of Code Amendment.
2.PUD Overview, Examples
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ORDINANCE NO. 09-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE §9.2 AND §9.3 TO
REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS TO THE
CO (COMMERCIAL OUTLYING) ZONING DISTRICT
WHEREAS, on April 16, 2019, the Estes Valley Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Valley Development Code
to remove restrictions that limit Planned Unit Developments to the CO (Commercial
Outlying) Zoning District; and found that the text amendment complies with Estes Valley
Development Code §3.3.D Code Amendments, Standards for Review; and
WHEREAS, on April 16, 2019, the Estes Valley Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Valley Development Code §3.3.D Code Amendments,
Standards for Review and has determined that it is in the best interest of the Town that
the amendment to the Estes Valley Development Code, as set forth on Exhibit A [Red],
be approved; and
WHEREAS, said amendment to the Estes Valley Development Code is set forth
on Exhibit A [Red], attached hereto and incorporated herein by this reference:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A [Red].
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
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I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the ________ day of _______________, 2019 and published
in a newspaper of general circulation in the Town of Estes Park, Colorado, on the
________ day of ____________, 2019, all as required by the Statutes of the State of
Colorado.
Town Clerk
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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1
EXHIBIT A [RED]
ESTES VALLEY DEVELOPMENT CODE, CHAPTER 9, PLANNED UNIT DEVELOPMENTS
§ 9.1 - PURPOSES
In order that the public health, safety and general welfare may be furthered in an era of
increasing urbanization, commercial and industrial development, and growing demand
for housing of all types and design, this Chapter is designed to encourage planned unit
developments (PUDs) in the Estes Valley for the following purposes:
A.To encourage innovations in residential and commercial development and renewal
so that the growing demands of the population may be met by greater variety in
type, design and layout of buildings and by the conservation and more efficient use
of open space ancillary to such buildings;
B.To encourage a more efficient use of land and of public services and to reflect
changes in the technology of land development so that resulting economies may
inure to the benefit of those who need homes;
C.To provide a process that can relate the type, design and layout of residential and
commercial development to the particular site, thereby encouraging the
preservation of the site's natural characteristics, and to encourage integrated
planning in order to achieve the purposes of this Chapter;
D.To provide for well-located, commercial sites and well-designed residential
developments while minimizing the impact on roads, streets and other
transportation facilities; and
E.To conserve the value of the land.
§ 9.2 - APPLICABILITY AND TYPES OF PUDS ALLOWED
A.PUDs Allowed in the CO District Only. Application for a planned unit
development may be made for land located in the CO Outlying Commercial Zoning
District. Applicability. A PUD may be established by overlaying a PUD
development plan over the existing CO zoning district. All PUDs shall be reviewed
and approved in accordance with the standards set forth in this Chapter and the
procedures set forth in Chapter 3 of this Code.
B.Types of PUDs Allowed. A Mixed-Use Planned Unit Development (PUD-M) shall
be the only permitted PUD overlay. in the CO zoning district.
§ 9.3 - PUD-M, PLANNED MIXED-USE DISTRICT
The PUD-M, Planned Mixed-Use District, is created to provide for the development of
planned mixed-use commercial and residential developments. It is intended to promote
developments with a balanced mix of commercial and residential uses that provide
services and employment opportunities in close proximity to residents of the district. The
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PUD-M, Planned Mixed-Use District, may be permitted as an overlay only in the CO
Outlying Commercial District. Within a PUD-M District, the following standards shall be
applied and uses and densities may be permitted subject to the approval of the
Decision-Making Body, depending on the location of the proposed PUD.
A.Permitted Uses. Within a PUD-M district, the following uses may be permitted
subject to the approval of the Decision-Making Body:
1.Uses permitted by-right or by special review in the underlying zoning district;
2.Residential uses; or
3.Accommodation uses.
B.Minimum Parcel Size. The minimum parcel size of a mixed-use PUD shall be
three (3) acres.
C.Number of Units Allowed/Density.
1.Residential Uses in a Mixed-Use PUD. The maximum number of units
allowed (density) shall be determined by applying the maximum permitted net
density allowed in the RM Multi-Family Residential Zoning District (see §4.3.C.5
above).
2.Accommodation Uses in a Mixed-Use PUD. The maximum number of
accommodation units allowed shall be determined by applying the minimum
developable land area per accommodations unit requirement allowed in the A
Accommodations/Highway Corridor Zoning District (see §4.4.C above). Any unit
that is less than or equal to eight hundred (800) square feet in size shall be
considered a guest unit, regardless of kitchen configuration, for purposes of
density calculations of a commercial accommodations use in a Mixed-Use PUD.
3.Land Area Requirements Not Cumulative. The density allowances set forth
in this Section are not cumulative, but shall be calculated independently for
each residential and/or accommodations use proposed in a mixed-use PUD.
Each independently calculated land area shall be deducted from the total land
area available for development to determine the permitted density on a site.
D.Applicable Development Standards.
1.Yard, Bulk and Dimensional Requirements. Yard, bulk and dimensional
requirements set forth in Chapter 4, including but not limited to minimum lot
area, shall not apply to interior lots or building sites within a PUD-M that do not
abut land uses located outside the PUD-M development parcel.
2.All Other Zoning Requirements. All other zoning development and design
standards shall apply to all PUD-M's unless otherwise specifically exempted,
modified or varied pursuant to this Chapter or to §3.6, "Variances."
3.Subdivision Regulations. The requirements of Chapter 10, "Subdivision
Standards," shall apply to all PUD-M's unless otherwise specifically exempted,
modified or varied pursuant to this Chapter or to §3.6, "Variances."
4.Private Open Areas.
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a. At a minimum, a PUD-M development shall set aside thirty percent (30%)
of the site's total gross area for open areas, plazas, courtyards, sitting areas
and other similar public-accessible spaces.
b. At its discretion, the Decision-Making Body may require additional private
open areas or public trail dedications based on a review of the following
factors:
(1) The Estes Valley Comprehensive Plan;
(2) Unique drainage, topographic, vegetation or other such physical
conditions;
(3) Type and density of development; or
(4) Overall need for open space and recreational facilities.
c. All open areas or trails provided in a PUD shall be owned and maintained
as common (private) open areas by the developer, owner of the property or
an organization established for the ownership and maintenance of common
open areas, unless the relevant Board accepts public dedication of the
open areas.
d. Open areas or trails dedicated for public use shall comply with all
applicable dedication requirements set forth in §7.4 of this Code.
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ATTACHMENT 2
PLANNED UNIT DEVELOPMENT: OVERVIEW, EXAMPLES
Introduction
At the May 14, 2019 Town Board meeting, staff presented a proposed code amendment, to
amend the Estes Valley Development Code (EVDC) such that Planned Unit Developments
(PUDs) would no longer be limited to only the CO (Outlying Commercial) Zoning District.
At that time, the Town Board continued the code amendment, to June 25, 2019, and directed
staff to provide some examples of PUDs and additional information on PUDs in general.
PUD Definition
The EVDC, Chapter 13 Definitions, defines a Planned Unit Development (PUD) as follows:
184.Planned Unit Development shall mean a development of a property as a single
entity for mixed residential/commercial purposes, when the zoning regulations that
would normally apply may be superseded by controls specific to the project that allow a
more sensitive and more economical arrangement of buildings and streets on the site.
A concise, general definition from Wikipedia:
A planned unit development is a type of building development and also a regulatory
process. As a building development, it is a designed grouping of both varied and
compatible land uses, such as housing, recreation, commercial centers, and industrial
parks, all within one contained development or subdivision.
Existing PUDs
Staff has listed three PUD examples.
1.The first is the most recent PUD processed within the Town of Estes Park. The Fall
River Village II PUD was approved and recorded approximately one year ago, in June
2018. This PUD amended a portion of a previous PUD. Permitted uses include
Accommodations units and a Community Hall/Recreation Building. This is an overlay
PUD, with CO being the underlying zoning district (per EVDC requirements). The
overlay aspect would continue in the proposed EVDC amendment; only the allowable
base zoning would be changed. Page 1 of the recorded PUD is attached, followed by an
excerpt from that page, of “Statistical Information” which includes uses, density, height,
parking, etc. (Attachment A).
2.The second PUD example is from Loveland, Colorado. This PUD involves a 24-acre
parcel. Proposed uses are all for an affordable senior housing community. This includes
for-sale and for-rent single-family, duplex, and apartments. There are facilities for
assisted living with skilled nursing as well. In Loveland, a property is zoned “PUD,”
rather than being an overlay over the existing, base zoning district. With PUD zoning
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approved, a more specific “General Development Plan” must go through another review
and approval process.
The Loveland document is the “Mirasol Community” Planned Unit Development General
Development Plan (GDP). Staff did not include the zoning map depicting the 24-acre
site as being a PUD. The four pages of the GDP under Attachment B provide the
specifics of zoning standards, etc. within the PUD. These pages from the PUD GDP are
from a staff report to the Loveland Planning Commission. Approval of this PUD
document was at a public hearing by the Loveland City Council, which was approved as
proposed to the Planning Commission.
This is not directly applicable in comparison to the EVDC PUD requirements, due to
differences in Loveland’s regulations and process. However, staff has included this
example, as well as that under No. 3, below, to generally illustrate the variety of specific
zoning and development standards that are possible through a PUD. Zoning standards
and criteria for land use, access, utilities, design standards, height, parking, signage,
landscaping, and more are included in this PUD.
3. The third example is a PUD from the Town of Eagle, Colorado. A complex and large
project which involves an area of 660 acres of land, the “Haymeadow PUD” allows 837
dwelling units, a public school facility, a fire station, active and passive parks and
recreation areas, community facilities, and trails/open space areas. This PUD goes into
detail with zoning standards for each area and use (Attachment C).
These three examples provide a general representation of PUDs. There are many other cities
and counties with a wide variety of land uses allowed under PUDs. There are PUDs with
combinations of residential, commercial, and even agricultural and industrial uses. Proposed
future PUDs in the Estes Valley, under the EVDC, would likely be somewhat narrower in scope
due to historic land use and development patterns. The EVDC requires PUDs to be an overlay,
with uses permitted under the EVDC Section 9.3 being limited to:
1) Uses permitted by-right or by special review in the underlying zoning district.
2) Residential uses.
3) Accommodation uses.
Note: Chapter 9 of the EVDC, Planned Unit Developments, will be attached to the code
amendment staff report, part of the draft Ordinance under Attachment 1.
Attachment A – Fall River Village II PUD, Town of Estes Park
Attachment B – Mirasol PUD, City of Loveland
Attachment C – Haymeadow PUD, Town of Eagle
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ATTACHMENT A103
104
105
106
107
108
PUD GUIDE FOR
THE HAYMEADOW PLANNED UNIT
DEVELOPMENT
March 25, 2014
APPROVAL OF THIS PLAN CONSTITUTES A VESTED PROPERTY RIGHT
PURSUANT TO SECTION 24-68-103,C.R.S., AS AMENDED
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Haymeadow PUD Guide Page 1
1. PURPOSE:
The purpose of the Haymeadow PUD Guide is to serve as the governing land use regulations
which will control the development of the Haymeadow PUD. The PUD Guide will serve as the
“Zone District Regulations” for the PUD and is in conformance with Section
4.11.030 of the Town of Eagle Land Use and Development Code.
The Haymeadow PUD authorizes a total of 837 dwelling units, a public school facility, a fire
station, active and passive parks and recreation areas, community facilities, trails and open space
on 660 acres of land within the Town of Eagle, Eagle County, Colorado as described in the
approved Haymeadow PUD Development Plan. Development within the PUD is administered
by the Town of Eagle through the provisions of the PUD Development Plan and this PUD Guide.
Building construction within the PUD is governed by the applicable Town of Eagle ordinances,
rules, regulations and codes. Approval of this plan constitutes a vested property right pursuant to
section 24-68-103,C.R.S., as amended.
The approved Haymeadow PUD Development Plan Drawing dated March 25, 2014 is attached
to this PUD Guide as Exhibit A.
2. DEFINITIONS:
Unless otherwise defined below, all terms used in this document shall be as defined by the Town
of Eagle Land Use Regulations.
A. Haymeadow PUD
The Haymeadow PUD is a zone district authorized by the Town of Eagle Ordinance No.
, Series of 2014, and containing the property commonly known as Haymeadow.
B. Bed and Breakfast
An owner occupied dwelling unit that contains no more than four guest rooms where
lodging, with or without meals, is provided for compensation.
C. Neighborhood Parcels
Areas as indicated on the approved Haymeadow PUD Development Plan for residential
development, the development of which shall be regulated by this Haymeadow PUD
Guide. These parcels are listed as Neighborhood A1, Neighborhood A2, Neighborhood
B, Neighborhood C and Neighborhood D.
D. Planning Tracts
Areas as indicated on the approved Haymeadow PUD Development Plan and Preliminary
Subdivision Plan for non-residential development, the development of which shall be
regulated by this Haymeadow PUD Guide. These Tracts are listed as Tract E:
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Haymeadow PUD Guide Page 2
Recreation/School, Tract F: Park, Tract G: Fire Station and Tract H: Future
Development. The future resubdivision of Tract K will create additional tracts regulated
by the PUD Guide. The Preliminary Plan is attached as Exhibit B.
E. Special Use
Special Use shall be as defined in Section 4.05 of the Town of Eagle Land Use and
Development Code.
3. PUD ZONE DISTRICTS:
A. Residential One – Neighborhood Parcels A1, A2, B and C:
1. Purpose:
To provide sites for single family and multi-family homes on a variety of lot sizes that
will maintain and reinforce the existing small town development pattern, character and
architectural heritage of the Town of Eagle and to provide for mixed residential
neighborhoods in order to serve the needs of the residents of Eagle. The design of
neighborhoods in this district is intended to allow for flexibility, innovation and site
sensitive planning that is responsive to both the design character and the functional
requirements of the community.
2. Uses by Right:
a. One single family home on each specifically designated lot.
b. One duplex building (two units) on each specifically designated lot.
c. Multiple family residential, including condominiums, townhomes, flats or
apartments, and single family or duplex cluster units on specifically designated
lots.
d. Accessory apartment to single family dwelling as defined by the Town of Eagle
(TOE) Municipal Code, not to exceed 700 square feet.
e. Utility service structures and buildings.
f. Home occupations as defined by the TOE Municipal Code.
g. Parks, open space and community gardens.
h. Model homes.
i. Pedestrian and bicycle trails.
j. Ponds, reservoirs and irrigation ditches.
k. Temporary construction staging areas.
l. Additional uses determined by the Town Planner to be similar to uses by right
listed above.
m. Accessory uses customarily appurtenant to uses by right listed above including
special events.
n. A Homeowner Association operated or contracted enclosed storage building shall
be allowed in Neighborhood C.
o. Typical agricultural uses may continue within each neighborhood until residential
site development is initiated within the neighborhood.
p. Mail box drop boxes or similar mail delivery facilities.
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Haymeadow PUD Guide Page 3
3. Special Uses:
a. Day care of more than 8 children and elderly care.
b. Temporary sales office.
c. Special Events
4. Minimum Building Setback Requirements:
a. Single family with front loaded garage:
1. Front: 12.5 feet minimum setback to the front porch and /or front of the
building facade. Porch steps may encroach up to 5 feet into the 12.5 foot
required setback. The minimum distance from the front property line to a
garage door shall be 25 feet. The maximum front setback for the front
porch shall be 22 feet from the front property line.
2. Side: 12.5 feet.
3. Rear: 12.5 feet for one-story elements and 20 feet for two-story elements.
b. Duplex with front loaded garage:
1. Front: 12.5 feet minimum setback to the front porch and /or front of the
building facade. Porch steps may encroach up to 3 feet into the 12.5 foot
required setback. The maximum front setback for the front porch shall be
22 feet from the front property line. The minimum distance from the
property line to a garage door facing a front property line shall be 25 feet.
2. Side: 12.5 feet. The minimum distance from the side property line to a
garage door shall be 33 feet for a lot with a shared driveway.
3. Rear: 12.5 feet. An unenclosed, covered porch or deck may encroach up
to 5 feet into the rear setback.
c. Single family and duplex uses with alley loaded garage:
1. Front: 12.5 feet to the front porch and /or front of the building facade.
Porch steps may encroach up to 3 feet into the 12.5 foot required setback.
The maximum front setback for the front porch shall be 22 feet from the
front property line.
2. Side: 12.5 feet
3. Rear: 12.5 feet, however, the minimum distance from the property line to
a garage door shall be 22 feet, or 24 feet to the alley travel way, whichever
is more restrictive.
d. Multiple Family:
1. Front: 15 feet. The minimum distance from the front property line to a
garage door shall be 25 feet.
2. Side: 15 feet
3. Rear: 20 feet
e. Supplementary setback requirements:
1. Roof eaves, bay window elements and similar features may encroach up to
30 inches into any required setback.
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Haymeadow PUD Guide Page 4
2. Corner lots shall require compliance with the front setback standards on
each side of the lot that fronts a public street.
3. There shall also be a 50 foot building setback from Sylvan Lake Road in
Neighborhood A1 and A2.
5. Maximum Building Height:
35 feet.
6. Maximum Lot Coverage:
a. Residential Multi-Family
1. Building 60%
2. All impervious materials - 70%
b. Residential Single Family
1. Building 40%
2. All impervious materials - 60%
7. Maximum Density:
The maximum density shall not exceed 15 dwelling units per gross acre for development
within any Multi-Family Tract as shown on the initial Final Plat for each Neighborhood.
8. Neighborhood A1 Core Trail:
The Multi-Family buildings in west/central area of Neighborhood A-1 shall be configured
in such a manner to accommodate an alignment of the future 10 foot wide asphalt trail
identified on the Neighborhood A-1, Phase 1 Trails Plan as described below.
This trail will serve as a main route for school children to access the school site at a
location close to the north side of the school’s vehicular access system. This trail shall be
configured to encourage use by children and designed in such a manner that provides
direct views of the school site where possible and places a strong emphasis on safety at
roadway crossings. This portion of the trail system will be approved by the Town as part
of the Development Permit review process for the adjacent multi-family buildings and
the trail shall be constructed concurrent with the multi-family units. In the event
construction is initiated on the school prior to completion of the trail, the developer shall
cause completion of this trail prior to the opening of the school.
9. Supplemental requirements:
The minimum depth for first floor front porches shall be 7 feet.
B. Residential Two – Neighborhood D:
1. Purpose:
To provide sites for lower density single family homesites.
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Haymeadow PUD Guide Page 5
2. Uses by Right:
a. Single family dwelling units not to exceed 7,000 square foot maximum size.
b. Accessory apartment to single family dwelling as defined by the Town of Eagle
Municipal Code, not to exceed 700 square feet.
c. Model homes.
d. Parks, open space and community gardens.
e. Home occupations.
f. Utility service structures and buildings/ maintenance facilities.
g. Pedestrian and bicycle trails.
h. Ponds, reservoirs and irrigation ditches.
i. Temporary construction staging areas.
j. Additional uses determined to be similar to uses by right listed above.
k. Accessory uses customarily appurtenant to uses by right listed above.
l. Accessory buildings may include detached garages, sheds and similar structures.
m. Temporary tree farm
n. Typical agricultural uses may continue within the neighborhood until residential
site development is initiated.
o. Mail box drop boxes or similar mail delivery facilities.
3. Special Uses:
a. Day care of more than 8 children and elderly care.
b. Bed and breakfast.
c. Temporary sales office.
d. Gravel borrow pit for on-site use.
e. Special Events
4. Minimum Building Setback Requirements:
a. Front: 25 feet
b. Side: 15 feet
c. Rear: 20 feet.
5. Supplementary setback requirements:
a. Corner lots shall require compliance with the front setback standards on each side
of the lot that fronts a public street.
b. Roof eaves, bay window elements and similar features may encroach up to 30
inches into any required setback.
c. All garage doors shall be a minimum of 25 feet from the facing property line.
6. Maximum Building Height:
35 feet.
7. Maximum Lot Coverage:
a. Building - 30%
b. All impervious materials - 50%
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Haymeadow PUD Guide Page 6
8. Building Envelopes:
The Subdivision Final Plat or Plats for Neighborhood D shall contain appropriate
notations requiring building envelopes to be designated on certain lots prior to any site
grading or other disturbance of the designated lot. Specifically, any lot over 1/2 acre shall
be limited to a building envelope of 15,000 square feet. Application(s) for Subdivision
Final Plat shall include a supplemental exhibit specifying lots requiring building
envelopes. Upon approval of such supplemental exhibit by the Town Planner, any
modification of such supplemental exhibit shall require approval from the Town. The
owner of such lot shall propose a building envelope as part of the application for design
review and building permit. The proposed building envelope shall comply with all
criteria affecting building envelopes contained in the Design Guidelines as approved by
the Town, and shall be so indicated graphically on a landscape/ site plan. This
landscape/site plan shall also include calculations to indicate the building envelope does
not exceed 15,000 sq. ft. The Town reserves the right not to issue a building or site
improvement permit until a building envelope, if required, that complies with all
approved Design Guideline criteria has been approved by the Design Review Committee.
As used in this document, the term "building envelope" shall be deemed to include the
residence, any allowable accessory buildings, driveways, walkways, patios, and
landscaped areas.
All portions of a lot outside of the designated 15,000 square foot building envelope shall
maintain the existing pasture grasses or be landscaped in a dryland, native or xeric style
that requires minimal irrigation. Any landscaping of this area shall require approval by
the DRB.
9. Wildlife Corridor and Berm:
At the time of the first subdivision plat for Neighborhood D a 500 foot wide wildlife
corridor shall be established on the adjacent open space to the east of Neighborhood D, as
indicated on the approved PUD Development Plan attached as Exhibit A. If at this time a
corresponding 500 foot wide wildlife corridor has not been provided or committed on the
adjacent Adam Rib Ranch property, then a 1000 foot wide corridor is required on the
Haymeadow Planned Unit Development. At the time of this final plat a deed restriction
shall be placed on this wildlife corridor to guarantee its protection. This corridor shall be
maintained in agricultural production.
The construction of a landscape screening berm shall be included in the public
improvements for Neighborhood D. The purpose of this landscape screening berm is to
provide visual buffer between the animals using the wildlife corridor and the activity
associated with Neighborhood D. The final plat or deed restriction will include language
that ensures this landscape screen/ berm is a permanent landscape feature. A conceptual
graphic that illustrates the intent of the landscape berm is attached as Exhibit C.
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Haymeadow PUD Guide Page 7
C. Recreation Open Space/School – Tract E, Town of Eagle Recreation and School Site:
1. Purpose:
To provide a land area for a recreation site and a school site to be dedicated to the Town
of Eagle.
2. Uses by Right:
a. Indoor and outdoor recreation and entertainment facilities.
b. Parks and picnic facilities.
c. Community Center.
d. Cultural and educational buildings and activities.
e. Concessions, food and beverage service.
f. Special events including sports events and tournaments, entertainment and
cultural events.
g. Public Administration building.
h. Administration/Maintenance facilities.
i. Equestrian, pedestrian and bicycle trails.
j. Dog park.
k. Community gardens.
l. Playgrounds, play equipment and water features.
m. Temporary structures, tents and trailers associated with special events.
n. Landscape improvements.
o. Lakes, ponds, reservoirs and irrigation ditches
p. Public and/or Private School and related ancillary facilities, which may include,
but not be limited to, classrooms, common areas, gymnasiums, cafeterias,
theatres, offices, meeting rooms, parking, and outdoor recreation and athletic
facilities. A stand-alone bus barn or overnight vehicle storage area would not be
considered a use-by-right.
q. Special events utilizing either indoor or outdoor facilities of the school, including
sporting, cultural or entertainment events.
r. Temporary construction/administration office.
s. Agricultural uses.
t. Public or private roads and utilities including bridges, utility, improvements, lines
and mains, facilities, services and buildings.
u. Additional uses determined to be similar to uses by right listed above.
3. Minimum Building Setback Requirement:
There shall be a 25 foot building setback from all lot lines that front public roads, except
from Sylvan lake Road where a 50 foot setback shall be required. From other lot lines
there shall be no minimum except must be sufficient to accommodate utilities, drainage,
access, fire and building code regulations.
4. Maximum Building Height:
35 Feet. Architectural features such as a tower, cupola or other architectural focal point
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may have a maximum height of 42 feet if approved by the Haymeadow Design Review
Board.
5. Density Allowance:
N/A
6. Maximum Site Coverage:
N/A
D. Natural Open Space Tracts - OS-A, OS-B & OS–C, as labeled on the Preliminary
Subdivision Plan, as well as future open space Tracts which will be created through
resubdivision of Tract H of the PUD Preliminary Subdivision Plan. The approved
PUD Development Plan depicts the general location and size of the future Open
Space and Neighborhood areas within Tract H. The PUD Preliminary Subdivision
Plan is attached as Exhibit B.
1. Purpose:
To provide sites for natural open space, active recreation, agricultural uses, trails and park
facilities, water storage and drainage improvements and landscape improvements.
2. Uses by Right:
a. Equestrian, pedestrian and bicycle trails.
b. Landscape Improvements.
c. Lakes, ponds, reservoirs and irrigation ditches.
d. Shade shelters and picnic facilities.
e. Public or private roads, trailhead parking, restrooms, and utilities including
bridges and utility improvements, tanks, lines, mains, pumphouses, facilities,
services and buildings.
f. Agricultural uses and associated facilities.
g. Community gardens and associated facilities.
h. Dog parks.
i. Special events associated with agricultural facilities, community garden facilities,
trails and trailheads, such as athletic, entertainment or cultural events.
3. Building Setback requirement
25 feet
4. Maximum Building Height
35 feet
5. Gross Density Allowance:
N/A
6. Maximum Site Coverage:
N/A
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Haymeadow PUD Guide Page 9
7. Supplemental Requirements:
The design and placement of recreation trails adjacent to the eastern wildlife corridor and
open space shall minimize the impact of recreation users upon wildlife.
E. Fire Station - Tract G:
1. Purpose:
To provide a site for a fire station and related improvements.
2. Uses by Right:
a. Fire station and related ancillary facilities, which may include, but not be limited
to, offices, meeting rooms, training areas, crew quarters and temporary residences
for fire fighters.
b. Additional uses determined to be similar to uses by right listed above.
c. Accessory uses customarily appurtenant to uses by right listed above.
3. Building Setback Requirement:
There shall be a 25’ building setback from all lot lines.
4. Maximum Building Height:
35 feet. Architectural features such as a tower, cupola or other architectural focal point
may have a maximum height of 42 feet if approved by the Haymeadow Design Review
Board.
5. Haymeadow DRB approval and Town of Eagle Development Permit approval will be
required prior to construction of buildings or alteration of the site.
F. Trailhead Park – Tract F
1. Purpose:
To provide a site for active park and recreation facilities, formal and informal play fields,
open space, ponds and water features, stream corridors and recreation trails, community
buildings and facilities.
2. Uses by Right:
a. Indoor and outdoor recreation and entertainment facilities.
b. Parks and picnic facilities.
c. Community Center.
d. Cultural and educational buildings and activities.
e. Concessions, food and beverage service.
f. Special events including sports events and tournaments, entertainment and
cultural events.
g. Administration/Maintenance facilities.
h. Homeowner Association operated or contracted enclosed storage building.
i. Equestrian, pedestrian and bicycle trails.
j. Dog park.
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Haymeadow PUD Guide Page 10
k. Community gardens.
l. Playgrounds, play equipment and water features.
m. Temporary structures, tents and trailers associated with special events.
n. Landscape improvements.
o. Lakes, ponds, reservoirs and irrigation ditches.
p. Temporary construction/administration/sales office. Public or private roads and
utilities including bridges, utility, improvements, lines and mains, facilities,
services and buildings.
q. Agricultural uses.
r. Additional uses determined by the Town Planner to be similar to uses by right
listed above.
3. Building Setback Requirement:
There shall be a 25’ building setback from all lot lines.
4. Maximum Building Height:
35 feet. Architectural features such as a tower, cupola or other architectural focal point
may have a maximum height of 42 feet if approved by the Haymeadow Design Review
Board.
4. DENSITY CONTROL
Allowable maximum densities for each Neighborhood Parcel are set forth within the following
density chart; provided however, that any Neighborhood Parcel may contain up to 1.25 times the
total number of allowable dwelling units as described below. Any such increase in density of a
Neighborhood Parcel shall be offset by an equal decrease in density from another Neighborhood
Parcel. The intent of this provision is to allow flexibility in planning to take into account varying
site conditions, market conditions and other design factors. There shall be no transfer of density
allowed into Neighborhood D.
In no event shall the total number of residential units in all planning parcels within the
Haymeadow PUD combined exceed 837 units. Accessory dwelling units not exceeding seven
hundred (700) square feet appurtenant to single family dwellings shall not be included in such
limitation.
The combination of two or more existing residential units into a lesser number of units shall first
be approved by the Haymeadow Design Review Board and the Town Planner if any of such units
have been designated as an affordable housing unit pursuant to the Town of Eagle Local
Employee Residence Program. Approval by the Town shall be granted if such combination is in
conformance with this PUD Guide and any applicable building codes.
However, residential units designated as affordable housing units shall not be combined if such
combination would reduce the total number of affordable housing units below the minimum
number of required affordable housing units required under the Town’s Local Employee
Residence Program.
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Haymeadow PUD Guide Page 11
The Haymeadow Homeowners (Design Review Board) and the Town of Eagle shall have all
remedies available to them at law or in equity to enforce the provisions of this Section.
Accompanying each Final Plat and Development Permit application shall be an inventory of
dwelling units that have been approved by previously final plats and/or Development Permits for
each respective Neighborhood.
Neighborhood Single Family/Duplex Multi-Family Total # D.U.
A1 82 146 228
A2 103 86 189
B 161 48 209
C 97 64 161
D 50 0 50
TOTAL 493 344 837
Density within each neighborhood has been defined in the PUD Development Plan and the PUD
Guide as two unit types: Multi-Family and Single Family/Duplex. Up to 25% of the units
identified as Multi-Family may be converted to Single Family/Duplex units and allowed in areas
referenced as Multi-Family on the PUD Zoning Plan. No additional density beyond the 837
approved units is allowed.
5. PARKING REQUIREMENTS
All uses within Haymeadow will be subject to the parking standards of the Town of Eagle Land
Use & Development Code with the following exceptions. Any on-street parking spaces shall be
constructed as guest or park parking and may not be counted toward fulfilling residential parking
requirements. Each single-family or duplex residence shall have a minimum of two on site
parking spaces in addition to any garage space. These parking spaces shall fit within the property
and not overhang any public walkway or travel way. Any accessory dwelling associated within
a single family residence shall have one dedicated on-site parking space. A Bed and Breakfast
use as defined in this PUD Guide shall provide the required single family parking plus one
additional parking space per guest room.
6. DESIGN REVIEW
Design guidelines shall be prepared which will establish architectural and building material
standards, landscape design, urban design, site design standards and a design review process for
development within Haymeadow. These guidelines, and any subsequent major revisions to the
guidelines, shall be subject to the review and approval of the Town of Eagle.
The Haymeadow Home Owners Association shall establish a Haymeadow Design Review Board
that shall have authority and responsibility over the design review process. In the event that the
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Haymeadow PUD Guide Page 12
Haymeadow Design Review Board ceases to fulfill its duties as described in the guidelines the
Town of Eagle may assume the role of the Design Review Board.
All projects requiring a Town of Eagle permit shall adhere to the standards of this PUD and,
where not specifically covered, the provisions of the Town of Eagle Land Use Code.
Applicants for all new development proposals, new buildings or building modifications, new
landscaping or landscaping modifications, as defined in the adopted design guidelines, shall
submit such proposals for review and approval by the Design Review Board.
The Town of Eagle shall not issue a building permit or grading permit without prior approval by
the Design Review Board as demonstrated by drawings stamped as approved by the Design
Review Board.
1. Architectural Design Standards:
The site design concept for Haymeadow, and for Neighborhood A in particular, is to
create pedestrian friendly, walkable well-connected neighborhoods. A streetscape plan
that includes a wide planting strip with street trees and sidewalks along both sides of the
street will frame the residential development.
In the single family and duplex neighborhoods relatively narrow lots with uniform
building setbacks, recessed garages and a well-established front porch element will create
a strong neighborhood pattern. As the development progresses into Neighborhoods B, C
and D the approved PUD Development Plan density decreases and the narrow lot pattern
and streetscape design may become more relaxed.
Multi-family buildings will also be oriented to respect the streetscape while providing
off-street parking. The buildings will be arranged to also focus on courtyard and open
space access that will maintain a less formal but equally inviting pedestrian neighborhood
quality.
The architecture of the Haymeadow community will both integrate with and enhance the
beauty of the Town of Eagle and the Brush Creek valley. The intended goal is to develop
a series of neighborhoods at ease with the surrounding ranching setting that look and feel
like a natural evolution of the greater Eagle community. This will be assured through the
development, adoption and enforcement of design guidelines that:
a. Establish design and construction standards that both fit in the setting and
ensure a consistent high level of quality across a wide array of housing types;
b Respond to the unique attributes and sensitivities of the site which are
reflected in the design tenets underlying the plan;
c. Implement a diverse but cohesive, unified and balanced architectural and
landscape theme;
d. Control massing of buildings to be appropriate in scale and context;
e. Site structures in a manner which responds to existing physical site features,
maximizes vistas, privacy and addresses energy usage ;
f, Utilize forms and materials that honor the site’s cultural history.
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Haymeadow PUD Guide Page 13
The Applicant has begun to develop housing designs that are illustrative of its vision for
the property and are attached as Exhibit D.
These illustrative drawings:
• are examples of the type and style of housing that can be achieved in each
residential building type. The architectural character will offer variety but
will also include a style that ties together the single family and multi-family
building types;
• reflect the general design principals outlined above which are the framework
to be expanded upon and implemented in future design guidelines.
The architecture of the Haymeadow Community is inspired by the natural materials and
simple gathered forms of the surrounding historic Colorado ranch compounds. These
typical asymmetric historic buildings which evolved over time have a casual and intimate
architecture which is at harmony with the land. The proposed palette of natural earth
colored stucco, timbers and stained wood sidings will give the buildings a natural patina
that will blend in with the surroundings. The architecture of the community will be
rooted in the history of the place.
The main element of the house should typically be two stories in height and typically
have gable roof(s) with smaller attached one-story elements with typical shed roofs.
Buildings are generally taller in the middle and step down at ends with typically one and
a half story massing at the sides of the house and should step with grade to minimize site
grading.
Primary building materials/colors must be muted tones derived from the earth, trees and
rock outcroppings of the surroundings environment.
2. Environmental Building Practices:
a. Low environmental impact and energy efficiency approaches to site planning,
design, landscaping and construction are highly encouraged.
b. Owners are encouraged to review LEED guidelines published by the US Green
Building Council (www. usgbc.org) which encourage energy efficiency, resource
efficiency and healthy indoor air quality.
c. Passive and active solar is highly encouraged. Hot water and photo voltaic solar
panels are encouraged to be well planned and integrated in to the architectural
design. Panels should be installed in the same plane as the roofs and close to
flush with the roof. Solar panels and all associated mounting brackets and
hardware shall be all black. No bright shiny metal elements are allowed.
3. Landscape Design Standards:
Landscape Design Standards will be written and adopted as an integral part of the overall
design guidelines. The intent of the landscape design guidelines will be provide
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Haymeadow PUD Guide Page 14
standards for landscaping and water conservation within the PUD that enhance and
maintain the character of the residential neighborhoods and public spaces of the
Haymeadow PUD. This will be accomplished by:
a. Setting minimum and maximum standards for planting within residential and
public spaces.
b. Promoting the conservation of water through selection of proper plant palettes and
the use of efficient irrigation techniques.
c. Controlling the spread of noxious weeds and invasive plant species.
4. Illumination Design Standards:
Illumination design standards for residential and public uses shall be included within the
approved design guidelines. The intent of these standards will be to provide compliance
with adopted Town of Eagle lighting requirements and appropriate dark sky practices.
5. Fencing Design Standards:
Fencing design standards shall be included within the approved design guidelines. The
intent of these standards will be to provide a compatible appearance among residential
properties and to regulate the structure, location, height, color and materials of fencing
prior to installation. Where appropriate and as required, wildlife friendly fencing will be
specified.
6. Specific Design Considerations:
Specific design considerations have been discussed with the Town of Eagle through the
Haymeadow PUD Development Plan approval process. This section of the PUD
provides a commitment to incorporate certain design considerations into the Haymeadow
Design Guidelines.
a. Final Plat and Development Permit applications shall include site and landscape
design considerations for each Sylvan Lake Road intersection that creates key
visual corridors into the adjacent neighborhood, creating a sense of welcome and
entry. This is of specific importance at the school road intersection.
b. Any development plan that includes a enclosed storage building or a HOA/Metro
District maintenance yard shall include appropriate landscape screening to screen
the view from the public street. Any yard and building plan structures shall
require approval of the Haymeadow Design Review Board.
c. Cedar or other wood shake shingle products shall not be allowed as a roofing
material.
d. Multi-Family development and Fire Station shall be subject to Town of Eagle
Development Permit review as outlined in Section 4.06 of the Town of Eagle
Land Use and Development Code.
7. SIGNS
Sign regulations shall meet the Town of Eagle sign code; unless a comprehensive Haymeadow
Sign Program is approved by the Town of Eagle.
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Haymeadow PUD Guide Page 15
8. DOGS AND PET CONTROL
Each dwelling unit will be permitted to house up to two dogs and offspring up to three months
old. Residents will be prohibited from harboring dogs on their property unless they have
adequate facilities (i.e., animals kept in residence, a fenced yard, an electronically fenced yard,
dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent
to the home, within the lot's building envelope if an envelope is required, and shall not exceed
1,000 square feet. If facilities are inadequate to contain the dog(s), the animals will be
immediately removed from the subdivision until adequate structures can be built.
At no time are dogs to be allowed to run freely, other than within designated leash free dog
parks. Haymeadow shall be subject to any and all leash laws and other pet regulations as adopted
by the Town of Eagle.
Stray dogs may also be controlled by the Town and/or County and Colorado Department of Parks
and Wildlife (CDPW). Homeowners not in compliance with these dog restrictions will be
responsible for any and all costs incurred by the Town, County, and/or CDPW for enforcing these
provisions.
Contractors, subcontractors and other construction related visitors shall be prohibited from
bringing dogs onto the Haymeadow PUD.
9. FENCING
Any fencing separating a residential lot from adjacent natural open space shall be required to
meet the wildlife friendly fencing guidelines of Colorado Parks and Wildlife.
The Haymeadow Metro District and/or Homeowners Association shall be responsible for
maintaining a fence at appropriate perimeter sections of the PUD to keep cattle grazing on
adjacent lands from entering the Haymeadow PUD.
10. TOWN OF EAGLE DEVELOPMENT PERMIT
All multi-family buildings, the fire station, school and Trailhead Park pavilion building shall be
required to obtain a Development Permit pursuant to Section 4.06 of the Town of Eagle Land
Use and Development Code
11 TRASH RECEPTACLES
Single family residences within the Haymeadow PUD shall be restricted from storing or leaving
trash receptacles outside overnight. Trash receptacles shall be placed outside on the day of pick-
up and shall be returned to an indoor location the same day.
Multi-family buildings shall provide trash enclosure structures consistent with the approved
Design Guidelines.
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Haymeadow PUD Guide Page 16
12. CONFLICTS
The specific provisions of this Guide shall supersede those of the Town of Eagle Land Use
Regulations. However, where the Guide does not address an issue, the specific provisions of the
Town of Eagle Land Use Regulations shall prevail. In cases of dispute or ambiguity, the Board
of Trustees shall act to interpret.
13. AMENDMENTS TO THE HAYMEADOW PUD GUIDE, PUD
DEVELOPMENT PLAN AND SUBDIVISION PLANS
It is anticipated that modifications or amendments to this PUD Guide, the PUD Development
Plan, and Subdivision Plans will be necessary from time to time as Haymeadow progresses. This
PUD Guide provides for two types of modifications or amendments: minor and major.
A. Minor Modifications:
Minor modifications are those changes which will not alter the original project concept
but which may result in minor changes in the design of Haymeadow. Minor modifications
include, but are not limited to internal road alignment alterations, minor adjustments to
parcel boundaries, building envelope changes, and additions of land uses not previously
listed but determined to be similar to listed uses. Minor adjustments to Planning Parcel
boundaries shall be defined as:
Change in land use of a parcel of property not to exceed 20,000 square feet to conform to
the land use of property immediately adjacent to it, provided however, that the provisions
of this article shall not apply to property adjacent to any parcel of property the land use
of which has previously been changed pursuant to the provisions of this article. Minor
modification shall also include any decrease in size of a Neighborhood Residential parcel
that is offset by an equal increase in an open space parcel.
Minor modifications may be authorized by the Town of Eagle Zoning Administrator upon
written request. The Zoning Administrator shall act upon any minor modification request
within 30 days of such a request. Any decision by the Zoning Administrator may be
appealed in writing to the Eagle Board of Trustees within 30 days of such decision.
B. Major Modifications:
Major modifications are those changes not considered to be minor modifications and are
changes that could alter the character or land use of a portion of the project.
Major modifications shall include:
1. Any increase in the total number of residential units.
2. Any change in land use designation of any parcels within the PUD, except
as provided above.
3. Any additional of land into the PUD.
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Haymeadow PUD Guide Page 17
Major modifications shall be under the authority of the Eagle Board of Trustees.
Applications for major modifications shall be heard in public hearing by the Board after
receiving a recommendation from the Planning and Zoning commission. The Town
Board shall approve the modification if it is found that the modification is consistent with
the efficient development of the entire PUD and does not substantially affect the
enjoyment of land abutting the PUD or the public interest.
__________________________________________________________________________
Approved by Abrika Properties, LLC, the developer of the Haymeadow PUD, this ______ day of
_____________, 2014.
TOWN of EAGLE Signature block:
Approved by the TOWN OF EAGLE, COLORADO, a municipal corporation acting by and
through its Board of Trustees, this __________ day of ___________, 2014.
__________________, Mayor
ATTEST:
____________________________
Town Clerk
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Haymeadow
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HAYMEADOW -SINGLE FAMILY HOMES
UNIT A -STREET ELEVATION
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HAYMEADOW -SINGLE FAMILY HOMES
UNIT C -STREET ELEVATION
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HAYMEADOW -SINGLE FAMILY HOMES
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FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: 6/25/19
RE: Approve Appointment of Stifel, Nicolaus & Company, Inc. as Bond
Underwriter for the 2019 Power and Communications Revenue Bonds
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER___________
QUASI-JUDICIAL YES NO
Objective:
Appoint the Bond Underwriting Firm to work with the Town to ultimately issue Power
and Communications Revenue Bonds Series 2019 to fund completion of the smart
meter system and installation of a fiber-to-premises broadband network.
Present Situation:
This is the next step to fund creation of a municipally owned and operated fiber-to-
premises broadband network (broadband network) to provide internet services to
customers within the electric distribution area.
The bond underwriter will help the Town craft a bond that will be attractive to investors
and reduce interest costs to the Town. The bond is expected to fund completion of the
smart meter system, installation of a broadband network, and refund the remaining
balance on the Light and Power Revenue Bonds Series 2007. The total bond funding
needed is expected to be in the range of $34,000,000 to $38,000,000. The exact
amount of construction funding needed is currently being refined as part of the
$3,000,000 seed money approved March 26, 2019.
We expect to be issuing the bonds later this year, with settlement currently anticipated
in Oct or Nov, 2019.
The Town issued a RFP for underwriter services on March 26th with proposals due April
22. The Town received 8 proposals which was narrowed down to three firms by the
Finance Director in consultation with Financial Advisor Jim Manire of Hilltop Securities.
137
These three firms were then interviewed on May 29th by an interview panel consisting of
Town Administrator Lancaster, Town Attorney White, Director Bergsten, IT Manager
Fraundorf, Accounting Manager Garcia, Finance Director Hudson, and Financial
Advisor Jim Manire. After discussion, the interview panel unanimously recommended
appointing Stifel, Nicolaus and Company, Inc. (Stifel) as the Town’s Bond Underwriter
for this issuance.
Director Hudson and Town Attorney White, working with Stifel’s representative Bryan
Stelmack, reviewed and approved the contract language, presented herewith as
Attachment A - Underwriter Engagement Agreement.
Proposal:
Staff recommends appointment of Stifel, Nicolaus and Company, Inc. as the Town’s
Bond Underwriter completes the bond issuance team necessary to craft the bond
issuance and get it read for market.
Advantages:
This will allow the Town to proceed toward acquiring financing to build out the
broadband network, currently undergoing a pilot phase.
Disadvantages:
None identified.
Action Recommended:
Staff recommends the Town Board authorize the Mayor to execute the underwriter
engagement agreement to contract with Stifel, Nicolaus and Company, Inc.
Finance/Resource Impact:
Bond underwriters work on a contingency basis, with their fee contingent upon actually
taking the bonds to market. Underwriting costs will be paid out of the bond proceeds
upon issuance.
Level of Public Interest
The community as a whole has been very supportive of the Town moving forward with a
broadband network. This is just a step in that process.
Sample Motion:
I move for the approval/denial of contracting with Stifel, Nicolaus and Company, Inc. as
the underwriter for the Power and Communications Bond Series 2019 and authorize the
Mayor to execute the associated underwriter engagement agreement.
Attachments:
Attachment A – Underwriter Engagement Agreement
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UNDERWRITER ENGAGEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of June, 2019, by and among the Town of Estes Park (the
"Issuer") and Stifel, Nicolaus & Company, Incorporated, (the "Underwriter" or “Stifel”), with reference to the
following facts:
RECITALS
WHEREAS, the Issuer plans to issue Revenue Improvement and Refunding Bonds (the “Bonds”) to finance the costs
of constructing a fiber-to-the-premises system to provide broadband services and to refinance the Town’s Series
2007 Light and Power Enterprise Revenue Bonds (the “Project”); and
WHEREAS, the Issuer desires and is authorized by law to retain the services of the Underwriter in connection with
the issuance of the Bonds; and
WHEREAS, the Underwriter agrees to be retained by the Issuer and to provide to the Issuer the services described
herein; and
WHEREAS, Stifel agrees to act as underwriter, subject to the conditions set forth herein;
NOW therefore, for and in consideration of the mutual promises, covenants, and conditions herein contained, the
parties hereto agree as follows:
Scope of Services
The Issuer has engaged the Underwriter to perform various services related to the issuance of the Bonds, which
are to be performed within the framework of all relevant rules and regulations. All services are provided on an
arm’s length, commercial basis and may or may not be provided in conjunction with services provided by
advisors to the Issuer, such as, but not limited to, a financial advisor or a municipal advisor.
With this understanding, the Underwriter may provide the following services and perform the following
functions with respect to the Bonds:
A. Structuring the Financing
1. The Underwriter will work with the Issuer, its bond counsel, financial advisor, disclosure counsel, and
other members of the Issuer's financing team in evaluating specific terms and conditions affecting the
Bonds with the purposes of meeting the Issuer’s financing objectives and assuring appropriate credit
quality;
2. The Underwriter will work with the Issuer to create a feasible and efficient structure for the Bonds in
order to enhance the Bonds’ marketability;
3. In cooperation with Issuer, the Underwriter will assist in the preparation of and/or review of all
documents necessary to implement the issuance of the Bonds, including, but not limited to, authorizing
resolutions, bond purchase agreement, and preliminary and final official statements distributed to
potential investors, as required;
B. Marketing the Securities
Attachment A
139
2
1. The Underwriter will provide information and material as needed to support presentations for rating
agencies and/or bond insurance companies; if requested;
2. The Underwriter will coordinate printing and distribution of the preliminary and final official statements;
3. Together with the Issuer and other appropriate parties, the Underwriter will provide market information
on the timing of the sale of the Bonds in relation to the market conditions and financing needs;
4. The Underwriter will arrange for distribution of the final official statements in accordance with Section
240.15c2-12 of Title 17 of the Code of Federal Regulations; and
5. The Underwriter will serve as sole managing underwriter of the Bonds, which obligation is conditioned
upon the execution of a mutually satisfactory bond purchase agreement and other customary
documentation, and coordinate with all parties so as to consummate the sale and delivery of the Bonds
in a timely manner.
Regulatory Disclosure
Issuer is aware of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the
Securities and Exchange Commission’s adopted rule commonly known as the “Municipal Advisor Rule” (SEC Rule
15Ba1-1 to 15Ba1-8 -“the Rule”) and the underwriter exclusion from the definition of “municipal advisor” for a firm
serving as an underwriter for a particular issuance of municipal securities. Some of the services that Stifel will be
called upon to perform, such as providing advice with respect to the sizing, structure, timing and terms of the Bond
issuance, are services that are also commonly provided by financial advisory firms.
However, in providing such services for the Bonds, the parties understand and agree that Stifel is serving as an
underwriter for this transaction and is permitted to give advice and recommendations under the “underwriter
exclusion” provision of the Rule. Issuer agrees that Stifel will not be serving as the Issuer’s financial advisor or
acting as an agent or fiduciary for the Issuer and that the Issuer will be consulting with its own legal, financial and
other advisors. This Agreement and relationship shall be either executed, approved or acknowledged by the
governing board of Issuer (the “Governing Board”).
Disclosures Required by MSRB Rule G-17 Concerning the Role of the Underwriter
1. Municipal Securities Rulemaking Board (“MSRB”) Rule G-17 requires an underwriter to deal fairly at all
times with both municipal issuers and investors.
2. The underwriter’s primary role is to purchase securities with a view to distribution in an arm’s-length
commercial transaction with the Issuer. The underwriter has financial and other interests that differ from
those of the issuer.
3. The underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is,
therefore, not required by federal law to act in the best interests of the issuer without regard to its own
financial or other interests.
4. The underwriter has a duty to purchase the securities from the issuer at a fair and reasonable price, but
must balance that duty with its duty to sell the securities to investors at prices that are fair and reasonable.
5. The underwriter will review the official statement for the securities in accordance with, and as part of, its
respective responsibilities to investors under the federal securities laws, as applied to the facts and
circumstances of this transaction. 1
Disclosures Concerning the Underwriter Compensation
1 Under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. The
review of the official statement by the underwriter is solely for purposes of satisfying the underwriter’s obligations
under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy
or completeness of the information in the official statement.
Attachment A
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3
The underwriter will be compensated by a fee and/or an underwriting discount outlined below and that will be
set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of
the securities. Payment or receipt of the underwriting fee or discount will be contingent on the closing of the
transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the
principal amount of the securities. While this form of compensation is customary in the municipal securities
market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the
Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is
necessary.
Conflicts of Interest Disclosures
Stifel has not identified any additional potential or actual material conflicts that require disclosure.
Disclosures Relating to Complex Municipal Securities Financing
Since Stifel has not recommended a “complex municipal securities financing” to the Issuer, additional
disclosures regarding the financing structure for the Issue are not required under MSRB Rule G-17.
However, if Stifel recommends, or if the Issue is ultimately structured in a manner considered a “complex
municipal securities financing” to the Issuer, this letter will be supplemented to provide disclosure of the
material financial characteristics of that financing structure as well as the material financial risks of the financing
that are known to us and are reasonably foreseeable at that time.
Limitation of Duties
The Issuer acknowledges and agrees that Stifel is not making a commitment to extend credit, make a loan or
otherwise fund the Project beyond the obligations contained in a mutually satisfactory bond purchase
agreement. The Issuer acknowledges that the services provided under this Agreement involve professional
judgment by Stifel and that the results cannot be, and are not, guaranteed.
As addressed above, among the services that Stifel will perform under this Agreement is assistance in
preparation of, and/or review of the preliminary and final official statements for the Bonds. We note, however,
that under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors.
Our assistance with respect to, and/or review of the official statement will be solely for purposes of satisfying
our obligations as underwriter under the federal securities laws and such assistance and/or review should not be
construed by the Issuer as a guarantee of the accuracy or completeness of the information in the official
statement.
Expenses
The Issuer, from the Bond proceeds, will pay the Underwriter’s costs incurred in the performance of this
Agreement, including costs of its legal counsel, if any, communication, preparation of the official statements, and
overhead expenses.
The Issuer, from the Bond proceeds or other lawfully available funds, will pay for legal fees, including disclosure
counsel; rating agency and credit enhancement fees including all related travel (if any); the cost of appraisal, fiscal
consultant, statistical, computer, and graphics services (if any), cost of printing and distribution of the official
Attachment A
141
4
statements and expense of publication, advertising, and informational meetings; and the costs of fiscal agent or
bond trustee and registrar.
Compensation
The Underwriter agrees to prepare and coordinate all aspects of the sale of the Bonds. Stifel will be paid only
when the Bonds are sold. The fee for Stifel’s preparation and coordination of the sale of the Bonds shall be $3.95
per $1,000.00 of Bonds sold. The underwriting fee is contingent on a successful sale of the Bonds and is payable
from the proceeds of the Bonds.
Term of Agreement
This Agreement is to continue until the Project is financed or until the Governing Board formally abandons the
Project, unless previously terminated by mutual written consent of the parties hereto.
This Agreement may be terminated at any time by the Issuer, upon five business days’ prior notice to such effect to
the Underwriter, or by the Underwriter upon five business days’ prior notice to such effect to the Issuer. Any such
termination, however, shall not affect the obligations of the Issuer under the Expenses section hereof.
Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if
such remainder would then continue to conform to the terms and requirements of applicable law.
Governing Law
This Agreement, and the rights and obligations of the parties hereto, shall be construed, interpreted and enforced
pursuant to the laws of the Colorado, and exclusive venue in any and all actions existing under this Agreement shall
be laid in the action or proceeding which Issuer or Underwriter may be required to prosecute to enforce its
respective rights within this Agreement. The unsuccessful party therein agrees to pay all costs incurred by the
prevailing party therein, including reasonable interest and attorney's fees, to be fixed by court, and said costs,
interest, and attorneys' fees shall be made a part of the judgment in said action. Prior to the commencement of
any litigation concerning this Agreement, the Issuer and the Underwriter agree to first submit any disagreements
to mediation. This mediation requirement is intended to reduce the costs of dispute resolution for both parties.
Subcontractors
The Underwriter shall, with the prior written approval of the Issuer, use such subcontractors as are necessary in
the fulfillment of this Agreement.
Miscellaneous
Nothing contained herein shall preclude the Underwriter from carrying on its customary and usual business
activities. The Underwriter specifically reserves the right, but is not obligated, to bid for and maintain secondary
markets on any Issuer outstanding bonds subject to appropriate information barriers. Services provided by the
Underwriter in connection with this Agreement shall not limit the Underwriter from providing services for the
Issuer in conjunction with other services requested by the Issuer except as limited by rule of law or regulation.
Attachment A
142
5
In connection with services agreed to herein, it is understood that the Underwriter will render professional services
as an independent contractor. Neither the Underwriter nor any of its agents or employees shall be deemed an
employee of the Issuer for any purpose.
The Underwriter shall not assign or otherwise transfer any interest in this Agreement without the prior written
consent of the Issuer.
The Issuer acknowledges and recognizes Stifel as Underwriter with respect to the municipal securities referenced
for purposes of MSRB Rule G-23 and Securities and Exchange Commission Rule 17 CFR (Registration of Municipal
Advisors) and acknowledges receipt of the G-17 disclosures included herein. It is our understanding that you have
the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest
relating to the subject transaction. If our understanding is incorrect, please notify the undersigned immediately.
This Agreement constitutes the entire agreement between the parties relating to the subject matter thereof and
supersedes any prior understandings or representations. The Agreement may be amended or modified only by a
writing signed by both parties. It is solely for the benefit of the Issuer and Stifel, and no other person.
This Agreement is submitted in duplicate originals. The acceptance of this Agreement by the Issuer will occur
upon the return of one original executed by an authorized Issuer representative, and the Issuer hereby
represents that the signatory below is so authorized.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
Stifel, Nicolaus & Company, Incorporated
By
Name: Bryan Stelmack
Title: Director
Date: June 25, 2019
ACCEPTANCE
Town of Estes Park, Colorado
By _________________________________________
Name _________________________________________
Title _________________________________________
Date _________________________________________
Attachment A
143
144
UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Line Superintendent Joe Lockhart
Date: June 25, 2019
RE: RESOLUTION 17-19 TO APPROVE THE USE OF DESIGN BUILD
CONCEPT FOR BROADBAND NETWORK CONSTRUCTION
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To efficiently construct and maintain a high-speed broadband network for businesses
and residents in the most efficient manner using a design build approach and
requesting the Board give the Mayor or Mayor Pro Tem authority to execute broadband
contracts over $100,000 without having the full Board vote on each broadband contract
at scheduled Board meetings.
Present Situation:
Significant fiber industry investments have accelerated the development of new and
improved products and new construction means and methods. In the past three years of
smart grid, or "middle mile"1 construction, our crews have gained a broad knowledge of
new products and have developed specialized tools to speed up construction. We have
been recognized as industry leaders by the Plastic Pipe Institute's "Project Of The Year"
award for our Highway 34 project. In addition to hands-on knowledge, Power and
Communications have vetted a variety of contractors by working and negotiating with
them.
Over the past two years, we have installed and tested core Gigabit Passive Optical
Network (GPON) electronics hardware from Calix, Ubiquiti, and Nokia. We have also
met with Longmont, Loveland, and Fort Collins to discuss collaboration opportunities.
At approximately $24 million, this project is the most significant endeavor in the Town's
history. Broadband’s financial successful requires the expeditious collection of revenue
1 Communications industry jargon for the fiber infrastructure starting at local hubs where a bulk transport
connection from the Denver data center is split up and delivered to the edge of neighborhoods. 145
through the delivery of broadband services. Using the design build approach will speed
up the effort required to refine our "last mile”2 design and the construction methods
used. Additionally, if the Mayor has authority to sign broadband contracts it will give us
the speed and agility to execute contracts and immediately start construction.
It is in our best interest to be able to contract with multiple/specialty contractors through
the Town's design build procurement process rather than selecting a single contractor
through a traditional sealed bid procurement process. The following table provides the
scope of work and potential startup funded contracts:
Area of Work Under Negotiation Approx. Total to be Awarded
Curb to Premise Construction
GE Construction
Approx. $500,000
(over 6 months)
OnTrac
AirBits/Connecting Point.
Others*
Micro-trenching & Boring
GE Construction
Approx. $500,000
(over 6 months) Backbone
Others*
Fiber Blowing & Splicing
Backbone Approx. $500,000
(over 6 months) PRPA
Others*
Premise Installations
Backbone Fiber Systems LLC
Approx. $500,000
(over 6 months)
OnTrac
Airbits/Connecting Point
Others*
GPON Electronics
Nokia
Approx. $2,500,000
(over the project duration) Calix
Ubiquiti
* We expect more contractors will approach us during construction.
The above companies, with the exception of Airbits, have been awarded contracts with
nearby communities through competitive bidding process.
Proposal:
Staff proposes the use of design build which allows negotiated contracts with
contractors rather than selecting a single contractor through a traditional sealed bid
procurement process. Additionally, providing the Mayor the authority to execute
broadband contracts over $100,000 will support a quick and agile approach when
working with various contractors.
2 Industry jargon for the fiber between the street curb and the customer’s premise. 146
Advantages:
• Allows flexibility in “last mile” design and implementation of construction methods
• Reduced expenditures because we will not have a General Contractor managing
this work
• High construction quality because we will optimize the products and methods
used for the remainder of the build out.
Disadvantages:
Design build is notorious for change orders, however, this work is limited to the stretch
from the curb to the premise. We already have a well-developed design and Power and
Communications staff will be constructing much of the system.
Action Recommended:
Staff recommends approval of the proposed Resolution.
Finance/Resource Impact:
This work is funded by the seed funding approved by the Board at the March 26th Town
Board meeting
Level of Public Interest
Very high, our customers are anxious to purchase this fiber-based internet service
Sample Motion:
I move for the approval/denial of Resolution 17-19.
Attachments:
Resolution NO. 17-19
147
RESOLUTION 17-19
AUTHORIZING THE USE OF DESIGN BUILD AGREEMENTS
FOR BROADBAND NETWORK CONSTRUCTION
WHEREAS, the Town’s Power and Communications Enterprise (the “Enterprise”)
wishes to negotiate and award design build contracts for the construction of fiber to the
home broadband facility services; and
WHEREAS, design build contracting allows the Enterprise to negotiate contracts
with entities in the most efficient and constructive manner; and
WHEREAS, the design build contracts will accelerate deployment of broadband
services which will lead to the collection of revenues from broadband customers; and
WHEREAS , development of revenue from broadband services is essential to the
future financial success of the Enterprise; and
WHEREAS, some of the design build contracts will obligate the Enterprise for
amounts greater than $100,000; and
WHEREAS, the Enterprise procurement policy requires agreements over
$100,000 to be formally approved by the Town Board at a regular or special meeting;
and
WHEREAS, the Town Board, acting as the governing board of the Enterprise,
has determined that it is appropriate to authorize the negotiation and execution of
design build contracts for construction of fiber to the home broadband utility services;
and
WHEREAS , the Town Board, acting as the governing board of the Enterprise,
has determined that it is appropriate to allow the Mayor or Mayor Pro Tem to execute
design build contracts which obligates the Enterprise in an amount greater than
$100,000 pursuant to the terms of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK:
1. The Town Board, acting as the governing body of the Enterprise, hereby
authorizes the Enterprise to negotiate design build contracts for the
construction of fiber to the home broadband utility services.
2. The Town Board waives the requirement in the Enterprise procurement policy
that any design build contracts for the construction of fiber to home
broadband utility services over $100,000 be approved by the Town Board.
148
3. The Town Board authorizes the Mayor or the Mayor Pro Tem, in the Mayor’s
absence, to review and execute any design build contracts over $100,000 on
behalf of the Enterprise.
4. No design build contracts shall be executed unless the amount of the
obligation of the Enterprise in the contract has been appropriated by the Town
Board.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this 25th day of June, 2019.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
149
150
FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: June 25, 2019
RE: Resolution 18-19 Supplemental Budget Appropriations
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Amend the 2019 budget for additional projects and activities that were not known or
included in the original annual budget. This includes setting up a new Town Attorney
Department, reclassifying Code Enforcement from Community Development to the
Police Department, and other items as detailed below.
Present Situation:
The following summarizes the changes by Fund.
General Fund:
The Legislative Department budget was increased $63,462, including providing funding
of $51,462 for the Housing Authority relocation to make room for the Town Attorney and
$12,000 to cover the consultant for the Town Administrator search. The Town Attorney
Department was created with an estimated cost of $232,541 for the remainder of the
year. The Town Clerk’s Office budget was increased to cover the cost of a special
election. Community Development personnel costs were decreased to transfer the
Code Enforcement position to the Police Department mid-year. This decrease was
offset by the increased costs for the Estes Valley Land Trust project to include open
space needs in the comprehensive plan, primarily funded by a GOCO grant and other
donations. The Police Department Patrol Division budget was increased to replace a
police vehicle recently totaled. The Police Department Code Enforcement Division was
started mid-year and includes a new vehicle for the code enforcement officer. Building
Safety Division budget was increased to cover contractual services due to the ongoing
vacancy in the Chief Building Official position. The museum appropriations were
increased to cover the cost of a new “welcome” film produced by Nick Molle, primarily
funded by donations.
151
Community Reinvestment Fund:
The most significant change was appropriating the additional $100,000 in funding
provided by CDOT to pave the intersection of US34 and US36.
Larimer County Open Space Fund:
The Open Space Fund amendment is to repay the Trails Fund for a $300,000 loan
made to fund the Fish Creek Trail. The Open Space Fund had insufficient funds for
these costs but these costs were eligible for payment with Trails Fund moneys. The
Trails Fund paid for these expenses with the intent to have Open Space Fund repay this
“loan” once grant funds were collected and the fund’s cash position allowed it. The
Open Space Fund is now in a position to make that repayment and this will allow that to
happen.
Power and Communications Fund, Water Fund, and Vehicle Replacement Fund:
During reconciliation of Budget Amendment #1 which included rollover of uncompleted
capital projects, it was discovered that the amendment resolution was missing a few
capital projects although they were listed on the Schedule of Capital Projects summary
sheets. This amendment includes the appropriations these missing projects, including
replacement of fork lifts for Power and Communications, costs for Glacier Creek Water
Treatment Plant projects, and reclassifying the fork lift acquisition out of Vehicle
Replacement.
Proposal:
To complete these items, the moneys must be appropriated within the proper funds.
The attached budget resolution provides for the required appropriations.
Advantages:
The Town will be able to complete these projects and make the operational changes as
proposed and requested.
Disadvantages:
This will appropriate Town funds for these purposes, reducing funding available for
other purposes.
Action Recommended:
Staff recommends approval of the supplemental budget resolution.
Finance/Resource Impact:
The General Fund is currently projected to end 2019 with a 28.2% fund balance. Each
fund is expected to end 2019 with a positive fund balance as well.
Level of Public Interest
The amount of public interest in these amendments is expected to be minimal.
152
Sample Motion:
I move for the approval/denial of Resolution #18-19 Supplemental Budget
Appropriations to the 2019 Budget.
Attachments:
Attachment A – Resolution # 18-19 Supplemental Budget Appropriations to the 2019
Budget
Attachment B – Recap of proposed Budget Amendments and supporting schedules
153
RESOLUTION FOR
SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2019 BUDGET
NO. 18-19
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2019
annual budget in accordance with the Local Government Budget Law on November 27th, 2018;
and
WHEREAS, additional projects and activities have been identified that were not known or
included in the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the revenues
provided in the budget to and for the purposes described below, so as not to impair the
operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
That the appropriations be increased by $1,170,734 for the funds specified below and
these amounts are hereby appropriated from additional revenue or available fund balance of
each fund.
Fund
#
Fund Name Existing
Appropriations
Amendment Amended
Appropriations
101 General Fund 20,802,906 578,813 21,381,719
204 Community Reinvestment Fund 3,056,446 99,250 3,155,696
211 Conservation Trust Fund 40,446 0 40,446
220 Larimer County Open Space Fund 1,407,087 300,000 1,707,087
236 Emergency Response System Fund 400,580 0 400,580
238 Community Center Fund 768,392 0 768,392
244 Trails Fund 675,073 0 675,073
260 Street Fund 5,228,884 0 5,228,884
502 Power and Communications Fund 22,556,900 145,000 22,701,900
503 Water Fund 9,760,288 110,000 9,870,288
606 Medical Insurance Fund 2,352,416 0 2,352,416
612 Fleet Maintenance Fund 485,334 0 485,334
625 Information Technology Fund 900,527 0 900,527
635 Vehicle Replacement Fund 631,794 (62,329) 569,465
645 Risk Management Fund 273,947 0 273,947
Total All Funds 69,341,020 1,170,734 70,511,754
Attachment A
154
ADOPTED this 25th day of June, 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment A
155
TOWNOFESTESPARKRECAPOFPROPOSEDBUDGETADJUSTMENTSFORYEARENDED12Ͳ31Ͳ2019RESOLUTION18Ͳ19ASOFJune25,2019101204211220236238244260GENERALFUNDCOMMUNITYREINVESTMENTCONSERVATIONTRUSTLARIMERCOUNTYOPENSPACEEMERGENCYRESPONSECOMMUNITYCENTERTRAILSSTREETRevenues,AsAmended$18,817,969$1,796,663$32,300$1,167,000$402,089 $768,392 $686,196$1,859,142Expenses,AsAmended21,381,7193,155,69640,446 1,707,087400,580768,392675,073 5,228,884Net(2,563,750) (1,359,033)(8,146) (540,087)1,509011,123 (3,369,742)EstimatedBeginningFundBalance,1/1/198,652,961 1,359,09970,605558,61279,3640573,1703,557,951EstimatedEndingFundBalance,12/31/19$6,089,211$66$62,459$18,525$80,873$0 $584,293 $188,209BudgetReservesNonspendablePrepaidFundBal&RestrDonations60,000TotalRestrictedFundBalance60,00028.2%502503606612625635645POWERANDCOMMUNICATIONS WATERMEDICALINSURANCE FLEETINFORMATIONTECHNOLOGYVEHICLEREPLACEMENTRISKMANAGEMENT TOTALRevenues,AsAmended$17,409,629$5,767,964$2,451,407$503,053 $848,231 $465,898$273,947$53,249,880Expenses,AsAmended22,701,9009,870,2882,352,416485,334900,527569,465273,947 70,511,754Net(5,292,271) (4,102,324)98,99117,719(52,296) (103,567)0 (17,261,874)EstimatedBeginningFundBalance,1/1/198,969,679 8,070,622 1,228,802477,136276,298311,3720 34,185,671EstimatedEndingFundBalance,12/31/19$3,677,408$3,968,298$1,327,793 $494,855 $224,002 $207,805$0 $16,923,797Attachment B156
TOWNOFESTESPARK
SUMMARYOFANTICIPATEDREVENUEADJUSTMENTS
FORYEARENDED12Ͳ31Ͳ2019
RESOLUTION18Ͳ19
ASOFJune25,2019
Fund/Dept FundName CurrentBudget Amendment
Budget
AsAmended
101 GENERALFUND 18,709,655108,31418,817,969
204 COMMUNITYREINVESTMENT1,796,663Ͳ1,796,663
211 CONSERVATIONTRUST 32,300 Ͳ32,300
220 LARIMERCOUNTYOPENSPACE 1,167,000Ͳ1,167,000
236 EMERGENCYRESPONSE 402,089Ͳ402,089
238 COMMUNITYCENTER 768,392Ͳ768,392
244 TRAILS 386,196300,000686,196
260 STREET 1,859,142Ͳ1,859,142
502 POWERANDCOMMUNICATIONS 17,409,629Ͳ17,409,629
503 WATER 5,767,964Ͳ5,767,964
606 MEDICALINSURANCE 2,451,407Ͳ2,451,407
612 FLEET 503,053Ͳ503,053
625 INFORMATIONTECHNOLOGY 848,231Ͳ848,231
635 VEHICLEREPLACEMENT 465,898Ͳ465,898
645 RISKMANAGEMENT 273,947Ͳ273,947
TOTAL 52,841,566408,31453,249,880
Attachment B
157
TOWNOFESTESPARK
SUMMARYOFSUPPLEMENTALAPPROPRIATIONS
FORYEARENDED12Ͳ31Ͳ2019
RESOLUTION18Ͳ19
ASOFJune25,2019
Fund/Dept FundName CurrentBudget Amendment
BudgetAs
Amended
101 GENERALFUND
101Ͳ1100 Legislative 293,57563,462357,037
101Ͳ1190 TownAttorney Ͳ232,541232,541
101Ͳ1200 Judicial 80,747Ͳ80,747
101Ͳ1300 TownAdministrator'sOffice 388,633Ͳ388,633
101Ͳ1400 TownClerk'sOffice 516,39520,000536,395
101Ͳ1500 Finance 542,711Ͳ542,711
101Ͳ1600 ComDev(Planning)1,215,43744,9451,260,382
101Ͳ1700 Facilities 1,514,823Ͳ1,514,823
101Ͳ1800 EmployeeBenefits 194,180Ͳ194,180
101Ͳ1900 CommunityServiceGrants 1,163,935Ͳ1,163,935
101Ͳ2100 PoliceͲPatrol 3,738,18141,8923,780,073
101Ͳ2155 PoliceͲCommunications 988,504Ͳ988,504
101Ͳ2175 PoliceͲCommSvcs 371,443Ͳ371,443
101Ͳ2185 PoliceͲCodeEnforcement Ͳ89,70289,702
101Ͳ2300 BuildingSafetyDivison 601,22971,857673,086
101Ͳ2400 Engineering 357,579Ͳ357,579
101Ͳ2600 VisitorCenter 602,400Ͳ602,400
101Ͳ3100 Streets 1,305,045Ͳ1,305,045
101Ͳ5200 Parks 1,245,546Ͳ1,245,546
101Ͳ5304 SeniorCenter 224Ͳ224
101Ͳ5500 SpecialEvents 2,164,117Ͳ2,164,117
101Ͳ5600 Transportation 1,478,481Ͳ1,478,481
101Ͳ5690 ParkingServices 249,695Ͳ249,695
101Ͳ5700 Museum 400,86314,414415,277
101Ͳ9000 Transfers 1,389,163Ͳ1,389,163
101 GENERALFUND 20,802,906578,81321,381,719
204 COMMUNITYREINVESTMENT3,056,44699,2503,155,696
211 CONSERVATIONTRUST 40,446Ͳ40,446
220 LARIMERCOUNTYOPENSPACE 1,407,087300,0001,707,087
236 EMERGENCYRESPONSE 400,580Ͳ400,580
238 COMMUNITYCENTER 768,392Ͳ768,392
244 TRAILS 675,073Ͳ675,073
260 STREET 5,228,884Ͳ5,228,884
502 POWERANDCOMMUNICATIONS 22,556,900145,00022,701,900
503 WATER 9,760,288110,0009,870,288
606 MEDICALINSURANCE 2,352,416Ͳ2,352,416
612 FLEET 485,334Ͳ485,334
625 INFORMATIONTECHNOLOGY 900,527Ͳ900,527
635 VEHICLEREPLACEMENT 631,794(62,329)569,465
645 RISKMANAGEMENT 273,947Ͳ273,947
TOTALALLFUNDS 69,341,0201,170,73470,511,754
Attachment B
158
Town of Estes ParkSchedule of Capital ProjectsFor Year Ended 12-31-2019Version 1.17As of 6/11/19ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONBalanceBeforeBA#3BA#3ͲBudgetAmendmentAmended2019CapitalProjectBudgetWILLOWKNOLLSLEGACYPROJECTWILL17 101Ͳ1300Ͳ413.31Ͳ13 LANDIMPROVEMENTS21,019Ͳ21,019DOCUMENTMANAGEMENTSOFTWARE&EQUIPDOCMGT 101Ͳ1400Ͳ414.37Ͳ01 SOFTWARE35,000Ͳ35,000FLEET/STREETSROOFFLROOF 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING150,000Ͳ150,000TOWNHALLWINDOWS(CD&BSSIDE)THWIND101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING125,000Ͳ125,000PDROOFREPLACEMENTPDROOF 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING120,000Ͳ120,000PUBLICRESTROOMREMODELͲMORAINEMOREST 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING86,100Ͳ86,100MPECSERVERROOMACECAC 101Ͳ1700Ͳ417.33Ͳ32 OFFICEEQUIPMENT10,000Ͳ10,000SECURITYCAMERASPHASE2SECCAM 101Ͳ1700Ͳ417.33Ͳ32 OFFICEEQUIPMENT14,249Ͳ14,249PARKINGGARAGEMAINTENANCERESERVEPKGRES101Ͳ1700Ͳ417Ͳ37Ͳ99 MAINTENANCERESERVE12,000Ͳ12,000PDCHEVTAHOE(REPLWRECKEDUNITG51A)G51B 101Ͳ2100Ͳ421.34Ͳ41 AUTOMOBILESͲ44,11744,117PDFORDRANGER(CODEENFORCEMENT)G152 101Ͳ2100Ͳ421.34Ͳ41 AUTOMOBILESͲ34,61134,611800MHZDISPATCHCONSOLEUPGRADE800MHZ 101Ͳ2155Ͳ421Ͳ33Ͳ32 OFFICEEQUIPMENT10,908Ͳ10,908VISITORCENTERMAINDOORREPLACEMENTVCDOOR 101Ͳ2600Ͳ426Ͳ32Ͳ22BUILDINGREMODELING55,000Ͳ55,000WINGSTYLESNOWPLOWWGPLOW 101Ͳ3100Ͳ431.34Ͳ98 OTHERMACHINERY/EQUIPMENT24,000Ͳ24,000ASPENDRDRAINAGEASPDRN 101Ͳ3100Ͳ431.35Ͳ53 STORMDRAINAGE10,256Ͳ10,256EVENTCENTERACOUSTICIMPROVEMENTECACST 101Ͳ5500Ͳ455.33Ͳ31 FURNITURE/FIXTURES60,000Ͳ60,000STANLEYPARKMASTERPLANSPMSTP 101Ͳ5500Ͳ455.35Ͳ62 MASTERPLANS14,909Ͳ14,909ELECTRICTROLLEYELTROL 101Ͳ5600Ͳ456.34Ͳ42 VEHICLES/TRUCKS460,000Ͳ460,000TROLLEYCHARGINGSTATIONͲ2NDGRANTELTRL2101Ͳ5600Ͳ456.34Ͳ42 VEHICLES/TRUCKS475,000Ͳ475,000PARKINGSERVICESOFTWARE&EQUIPPKSOFT 101Ͳ5690Ͳ569.33Ͳ33 DATAPROCESSINGEQUIPMENT103,882Ͳ103,882PARKINGPATROLVEHICLEG212 101Ͳ5690Ͳ569.34Ͳ42 VEHICLES/TRUCKS8,000Ͳ8,000MUSEUMSECURITYCAMERASMUSECC 101Ͳ5700Ͳ457.33Ͳ31 FURNITURE/FIXTURES5,000Ͳ5,000*TOTALGENERALFUND1,800,32378,7281,879,051*TOWNWIDEFACILITIESSPACENEEDSSTUDY*SPACE 204Ͳ5400Ͳ544.22Ͳ98PROFSVCSͲOTHER100,000Ͳ100,000MUSEUMCOLLECTIONSANDRESEARCHFACILITYMUSCOL 204Ͳ5400Ͳ544.32Ͳ22 BUILDINGS73,720Ͳ73,720MUSEUMREMODELMUSREM 204Ͳ5400Ͳ544.32Ͳ22 BUILDINGS170,999Ͳ170,999PARKINGGARAGECOUNTER&COMEQUIPPCOUNT 204Ͳ5400Ͳ544.33Ͳ98 OTHEREQUIPMENT40,000Ͳ40,000BOARDROOMAVREPLACEMENTAVBDRM 204Ͳ5400Ͳ544.33Ͳ98 EQUIPMENTͲOTHER300,000Ͳ300,000COMMUNITYDRINTERSECTIONCONSTRUCTIONCDINTR 204Ͳ5400Ͳ544.35Ͳ51 STREETS268,244Ͳ268,244COMMUNITYDRENGINEERINGDESIGNCOMMDR204Ͳ5400Ͳ544.35Ͳ51 STREETS380,190Ͳ380,190MORAINEAVEBRIDGEMORBRG 204Ͳ5400Ͳ544.35Ͳ51 STREETS331,538Ͳ331,538ELKHORNMILL&FILLͲ34/36TOMORAINEELKPAV 204Ͳ5400Ͳ544.35Ͳ51 STREETS400,000100,000500,000DOWNTOWNWAYFINDINGPROJECTWAYFND 204Ͳ5400Ͳ544.35Ͳ63 WAYFINDINGSIGNAGE50,000Ͳ50,000*TOTALCOMMUNITYREINVESTMENTFUND2,114,691100,0002,214,691Attachment B159
ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONBalanceBeforeBA#3BA#3ͲBudgetAmendmentAmended2019CapitalProjectBudget*SCOTTPONDS(CARRIAGEHILLS)DAMCDBGCH 220Ͳ4600Ͳ462.22Ͳ02 ENGINEERING5,140Ͳ5,140FISHCREEKTRAIL11CATG 220Ͳ4600Ͳ462.22Ͳ02 WALKWAYS&BIKEWAYS90,538Ͳ90,538MORAINEAVEBRIDGEMORBRG 220Ͳ4600Ͳ462.35Ͳ60 WALKWAYS&BIKEWAYS98,573Ͳ98,573FISHCREEKTRAIL11CATG220Ͳ4600Ͳ462.35Ͳ60 WALKWAYS&BIKEWAYSͲͲͲCIPͲPARKSIRRIGSYSTEMBASELINECONTROLLERSPRKIRR 220Ͳ4600Ͳ462.35Ͳ61 PARKIMPROVEMENTS66,500Ͳ66,500CIPͲPARKSIRRIGSYSTEM1STSTAGERIVERWALKRVRIR1 220Ͳ4600Ͳ462.35Ͳ61 PARKIMPROVEMENTS65,000Ͳ65,000FALLRIVERTRAILPHASE3FRTR3 220Ͳ4600Ͳ462.36Ͳ60 FALLRIVERTRAILIMPR1,000,000Ͳ1,000,000*TOTALLARIMERCOUNTYOPENSPACEFUND1,325,751Ͳ1,325,751*RADIOREPLACEMENTPROJECT19RADO 236Ͳ3600Ͳ436.33Ͳ36 COMMUNICATIONEQUIPMENT325,000Ͳ325,000*TOTALEMERGENCYRESPONSESYSTEMFUND325,000Ͳ325,000*BRODIETRAILEXTENSIONBRODIE 244Ͳ3400Ͳ434.35Ͳ60 WALKWAYS&BIKEWAYS400,000Ͳ400,000FALLRIVERTRAILFRTRL 244Ͳ3400Ͳ434.36Ͳ60 FALLRIVERTRAILIMPR234,000Ͳ234,000*TOTALTRAILSFUND634,000Ͳ634,000*BRODIEAVEIMPROVEMENTSBRODIE 260Ͳ2000Ͳ420.35Ͳ51STREETS1,022,445Ͳ1,022,445STREETOVERLAYSOVRLAY 260Ͳ2000Ͳ420.35Ͳ51 STREETS300,129Ͳ300,129CLEAVESTREETMAJORREHABCLEAVE 260Ͳ2000Ͳ420.35Ͳ51 STREETS20,000Ͳ20,0004THSTREETMAJORREHAB4STLR 260Ͳ2000Ͳ420.35Ͳ51 STREETS700,000Ͳ700,000PARKINGLOTREHABILITATIONPARKLT 260Ͳ2000Ͳ420.35Ͳ52 PARKINGLOT50,000Ͳ50,000FLAP/RAMPESTIMATEDCOSTSFLAP 260Ͳ2000Ͳ420.36Ͳ60 FEDGRANTͲFLAP2,414,183Ͳ2,414,183*TOTALSTREETFUND4,506,757Ͳ4,506,757*BROADBANDPROJECTBB0001502Ͳ6501Ͳ560.22Ͳ98 PROFSERVICES/FEESOTHER9,620Ͳ9,620GLENHAVENFIBERINSTALLFORPRPAGHFIBR 502Ͳ6301Ͳ540.25Ͳ32 POWERLINEMAINTENANCE369,613Ͳ369,613BROADBANDSTARTUPPROJECTSTRTUP 502Ͳ7001Ͳ580.32Ͳ21 NEWBUILDINGS250,000Ͳ250,000BROADBANDSTARTUPPROJECTSTRTUP 502Ͳ7001Ͳ580.33Ͳ33 DATAPROCESSINGEQUIPMENT30,000Ͳ30,000METERSELMTR 502Ͳ7001Ͳ580.33Ͳ34 METERS245,880Ͳ245,880TRANSFORMERPURCHASESTRANSF 502Ͳ7001Ͳ580.33Ͳ35TRANSFORMERS178,191Ͳ178,191SMARTMETERPURCHASESSMRTEL 502Ͳ7001Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT70,000Ͳ70,000RADIOREPLACEMENTPROJECT19RADO 502Ͳ7001Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT125,000Ͳ125,000NONSPECIFICTOOLSEQUIP 502Ͳ7001Ͳ580.33Ͳ41 TOOLS32,957Ͳ32,957SKIDSTEERTRAILERLPSKID 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT20,000Ͳ20,000NONSPECIFICEQUIPMENTEXCESS 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT35,000(35,000)ͲVACTRAILERVACTRL 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT35,000Ͳ35,000REELTRAILERREELTR 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT55,000Ͳ55,000SIDEͲBYͲSIDEATVSXS 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT37,000Ͳ37,000L&PFORKLIFTREPLACEMENTSͲ93387A93387A 502Ͳ7000Ͳ580.34Ͳ42 TRUCKSͲ65,00065,000L&PFORKLIFTREPLACEMENT93388A93388A 502Ͳ7000Ͳ580.34Ͳ42 TRUCKSͲ115,000115,000STREETLIGHTING,POLES&FIXTURESLIGHTS 502Ͳ7001Ͳ580.35Ͳ55 STREETLIGHTS36,790Ͳ36,790Attachment B160
ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONBalanceBeforeBA#3BA#3ͲBudgetAmendmentAmended2019CapitalProjectBudgetCARRIAGEHILLSCAHILL 502Ͳ7001Ͳ580.35Ͳ57 POWERLINECONSTRUCTION375,000Ͳ375,000SMARTFUSES(INTELLIRUPTER&TRIPSAVERS)SMTFUS 502Ͳ7001Ͳ580.35Ͳ57 POWERLINECONSTRUCTION220,000Ͳ220,000NEWSERVICECONNECTIONSWOKEXT 502Ͳ7001Ͳ580.35Ͳ59 CUSTOMERSERVICELINES358,118Ͳ358,118BROADBANDSTARTUPPROJECTSTRTUP502Ͳ7001Ͳ580.35Ͳ59CUSTOMERSERVICELINES75,000Ͳ75,000BROADBANDSTARTUPPROJECTSTRTUP 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL1,583,179Ͳ1,583,179BROADBANDPROJECTBB0001 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL22,861Ͳ22,8612018BROADBANDSMARTGRIDPROJECTBB0002 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL18,375Ͳ18,375SMARTGRIDFIBEROPTICINSTALLSMTFBR 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL250,000Ͳ250,000GISMAPPINGIMPROVEMENTSGIS18 502Ͳ7001Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT130,551Ͳ130,551UTILITYBILLINGMODERNIZATONPROJECTUBPRTL 502Ͳ7001Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT82,556Ͳ82,556BROADBANDSTARTUPPROJECTSTRTUP 502Ͳ7001Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT170,000Ͳ170,000*TOTALLIGHT&POWERFUND4,815,691145,0004,960,691*GLACIERCREEKLANDCONSOLIDATIONPROJECTGCLAND 503Ͳ7000Ͳ580.31Ͳ11 LAND114,581Ͳ114,581GLACIERCREEKWTPͲDISCHARGEOUTSTRUCTUREGCDSCH503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING50,000110,000160,000BROOKDRIVEWATERSHOPREMODEL(KEARNEYSHOP) KEARNY 503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING775,000Ͳ775,000GCDISINFECTIONOUTREACHANDVERIFICATIONEFFORT GCDOVE 503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING195,507Ͳ195,507GENERALOFFICEEQUIPMENTREPLACEMENTEQUIP 503Ͳ7000Ͳ580.33Ͳ32 OFFICEEQUIPMENT4,000Ͳ4,000WONDERWARESOFTWAREWONDER 503Ͳ7000Ͳ580.33Ͳ33 DATAPROCESSINGEQUIPMENT19,000Ͳ19,000METERREPLACEMENTPROJECTSMRTW 503Ͳ7000Ͳ580.33Ͳ34 METERS300,000Ͳ300,000SCADAUPGRADESATGLACIERWTPGPSCAD 503Ͳ7000Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT64,702Ͳ64,702RADIOREPLACEMENTPROJECT19RADO 503Ͳ7000Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT20,000Ͳ20,000SPECTROFLUOROMETEREQUIP 503Ͳ7000Ͳ580.33Ͳ37 LABORATORYEQUIPMENT9,200Ͳ9,200STORAGETANKMIXERWTMIXR 503Ͳ7000Ͳ580.33Ͳ40 PURIFICATIONEQUIPMENT22,500Ͳ22,500CONFINEDSPACEENTRYEQUIPMENTWTTOOL 503Ͳ7000Ͳ580.33Ͳ41TOOLS5,000Ͳ5,000SAFETYEQUIP(TRENCHBOXESANDSPEEDSHORINGEQUIP)WTTOOL 503Ͳ7000Ͳ580.33Ͳ41 TOOLS10,000Ͳ10,000BULKWATERDISPENSERWTDISP 503Ͳ7000Ͳ580.33Ͳ98 OTHEREQUIPMENT(5,000)Ͳ(5,000)WORKTRUCK90395 503Ͳ7000Ͳ580.34Ͳ42 TRUCKS29,000Ͳ29,000EXCAVATORTRAILEREXCTLR 503Ͳ7000Ͳ580.34Ͳ42 TRUCKS50,000(4,000)46,000VALVEEXERCISINGTRAILERVALVTL 503Ͳ7000Ͳ580.34Ͳ42 TRUCKS70,000Ͳ70,000PRVVAULTMETERINGPRVMTR 503Ͳ7000Ͳ580.35Ͳ54WATERSYSTEM17,000Ͳ17,000PEMPWCoSYSTEMDESIGN&CONSTRUCTIONPEMPWC 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM455,436Ͳ455,436PROSPECTMTNUSDALOANIMPROVEMENTSPMLOAN 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEMͲͲͲPROSPECTMTNWATERO&MPMWCON 503Ͳ7000Ͳ580.25Ͳ21 WATERSYSTEMͲͲͲPROSPECTMTNPREͲUSDALOANIMPROVEMENTSPMIMPV 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM261,652Ͳ261,652MORAINEBRIDGESOUTHͲWATERMOBS17 503Ͳ7000Ͳ580.35Ͳ54WATERSYSTEM10,000Ͳ10,000ACACIADR8"MAINHYDRANTSACACIA 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM15,000Ͳ15,000PRESSUREREDUCTIONVALVE/METERINGPRVLM 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM16,000Ͳ16,000CIPASPENAVELINEREPLASPENL 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM(20,700)20,700ͲSCHOOLNEWSVCLINESCHOOL 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM55,000Ͳ55,000Attachment B161
ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONBalanceBeforeBA#3BA#3ͲBudgetAmendmentAmended2019CapitalProjectBudget18"MAINVALVEINSTALLATIONS18VALV 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM120,000 Ͳ120,000NCWCDMUNICIPALSUBDISTRICTINCLUSIONSNCWCD 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM21,000Ͳ21,000GLACIERCREEKWTPINTAKEENGINEERINGGCINTK 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM145,882(25,882)120,000CIPROCKWELL/WESTRIVERSIDEDR16"MAINROCKWL503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM400,000Ͳ400,000CIPBUREAUAREAPHASE2WTBRP2 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM6,363Ͳ6,363CIPBUREAUAREAPHASE3WTBRP3 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM180,000Ͳ180,000CIPBIGTHOMPSONAVE(HWY34)MAINBTHOMP 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM200,000Ͳ200,000MALLROADͲHWY36CROSSINGMALL36 503Ͳ7000Ͳ580.35Ͳ54WATERSYSTEM587,523Ͳ587,5231360BROOKDRIVEWATERSHOPWATERLINE(KEARNEYSHOP)KEARNY 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM40,000Ͳ40,000PARKINGSTRUCTUREWATERLINEPKGWTR 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM100,000Ͳ100,000BIGHORNDRWATERMAINREPLBHWTRM 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM193,397Ͳ193,397SPRUCEDRIVEWATERMAINREPLSPWTRM 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM295,496Ͳ295,496UTILITYMASTERPLANWTRMPL 503Ͳ7000Ͳ580.35Ͳ62 UTSYSTEMMASTERPLAN30,000Ͳ30,000GLACIERCREEKWTPINTAKEENGINEERINGGCINTK503Ͳ7000Ͳ580.35Ͳ62 UTSYSTEMMASTERPLAN(25,882)25,882ͲGISWORKWTRGIS 503Ͳ7000Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT34,417Ͳ34,417LABMGT/OVERALLDATAMGTSOFTWAREWLSOFT 503Ͳ7000Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT63,400(6,700)56,700UTILITYBILLINGMODERNIZATONPROJECTUBPRTL 503Ͳ7000Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT20,000Ͳ20,000CIPUSAWATERRIGHTSWITHBORWTRRBR 503Ͳ7000Ͳ580.37Ͳ10 WATERRIGHTS95,733(10,000)85,733*TOTALWATERFUND5,050,207110,0005,160,207*REMODELWATERSHOPFORPWFLSHOP 612Ͳ7000Ͳ610.32Ͳ22 BUILDINGREMODELING30,000Ͳ30,000TIREBALANCEREQUIPMENTEQUIP 612Ͳ7000Ͳ610.33Ͳ41 TOOLS7,000Ͳ7,000DIAGNOSTICSCANNEREQUIP 612Ͳ7000Ͳ610.33Ͳ98 OTHEREQUIPMENT7,000Ͳ7,000*TOTALFLEETMAINTENANCEFUND44,000Ͳ44,000*NEWNETWORKSERVERNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT39,000Ͳ39,000NEWNETWORKSWITCHESNETWRK 625Ͳ2500Ͳ425.33Ͳ98OTHEREQUIPMENT10,000Ͳ10,000HTESERVERNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT40,000Ͳ40,000*TOTALINFORMATIONTECHNOLOGYFUND89,000Ͳ89,000*L&PFORKLIFTREPLACEMENTSͲ2Ͳ93387A&93388A 93387A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS62,329(62,329)ͲPOLICEGͲ106A2004FORDEXPLORERGͲ106A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS82,251Ͳ82,251POLICEGͲ107D2012FORDEXPEDITIONGͲ107D635Ͳ7000Ͳ435.34Ͳ42TRUCKS 64,000 Ͳ64,000POLICENEWUNITTOCOMPLETE1TO1TRANSITIONGͲ152 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS64,000Ͳ64,000POLICENEWUNITFORNEWOFFICERPOSITIONGͲ153 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS64,000Ͳ64,000STREETSͲNEWSTREETSWEEPERCOMBINEG116A&G97B G116A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS248,526Ͳ248,526PARKSG114A2007BOBCATG114A 635Ͳ7000Ͳ435.34Ͳ42TRUCKS14,000Ͳ14,000PARKSG68A2000GMCKͲ15004X4PICKUPG68A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS32,688Ͳ32,688*TOTALVEHICLEREPLACEMENTFUND631,794(62,329)569,465**TOTALPROJECTRECAP21,337,214371,39921,708,613Attachment B162
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: June 25, 2019
RE: Ordinance 15-19 An Ordinance Extending a Temporary Moratorium on the
Application and Review of Park and Recreation Facilities in Residential Zoning
Districts
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Present Situation:
On June 11, 2019, the Town Board extended the temporary moratorium on the acceptance and
processing of any development application for Park and Recreation Facilities located in
residential zoning districts. That extension was approved through August 12, 2019. This
moratorium was first imposed in October 2018, and has been in place as staff works to finalize a
related code amendment.
The Larimer Board of County Commissioners (BOCC) has imposed and extended moratoriums
that are consistent with the Town Board’s. However, when the August 12 moratorium was
proposed to County staff last week, it was determined the soonest the associated code
amendment could be heard by the BOCC was on August 19. It was also determined by the
County that the code amendment would not be effective until the “Findings and Resolution” was
signed and approved. That process takes a minimum of two weeks, and often close to a month
to finalize. With that, the temporary moratorium was extended by the BOCC through September
19, 2019. Staff is requesting the Town Board also extend the moratorium through September
19.
Advantage:
• Provides a moratorium that is consistent between the two governing bodies and
jurisdictions.
Memo
COMMUNITY DEVELOPMENT
163
TOWN OF ESTES PARK BOARD OF TRUSTEES, JUNE 25, 2019
EXTENSION TO MORATORIUM, PARK AND RECREATION FACILITIES
PAGE | 2
Disadvantage:
• A potential to delay a proposal for a development application for a Park and Recreation
Facility in a residential zone district. (Staff is not aware of any such proposals at this
time.)
Action Recommended:
The review and, if appropriate, adoption of Ordinance 15-19 is a policy decision of the Town
Board.
Finance/Resource Impact:
None.
Level of Public Interest
High.
Sample Motion
I move to adopt / not adopt Ordinance 15-19.
Attachment:
Ordinance 15-19
164
ORDINANCE NO. 15-19
AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS
WHEREAS, in 2017, the Town of Estes Park and Larimer County approved the
amending of Section 13.2.C.34 – Parks and Recreation Facilities, to remove the term
“non-commercial” from the definition of Park and Recreation Facilities in the Estes
Valley Development Code (“EVDC”); and
WHEREAS, currently Park and Recreation Facilities are a permitted use in all
zoning districts within the EVDC Boundary Map Planning Area (the “Estes Valley”),
subject to development standards and processes; and
WHEREAS, there currently exists public concern about Park and Recreation
Facilities being a permitted use in all residential zoning districts of the Estes Valley; and
WHEREAS, due to public concern about the possible negative effects of Park
and Recreation Facilities in residential zoning district in the Estes Valley, the Estes Park
Community Development Department Staff and the Estes Valley Planning Commission
have formulated amendments to the EVDC to regulate Park and Recreation Facilities in
residential zoning districts within the Estes Valley; and
WHEREAS, said amendments were reviewed and recommended for approval by
the Estes Valley Planning Commission on March 19, 2019; and
WHEREAS, the Town of Estes Park Board of Trustees has set (via continuance
from earlier dates) a public hearing for said amendment on July 23, 2019; and
WHEREAS, in order to be consistent with the Larimer Board of County
Commissioners’ similar moratorium, which is through September 19, 2019, the Town
Board’s moratorium requires an extension; and
WHEREAS, it is the conclusion of the Board of Trustees that it is necessary to
impose a temporary moratorium on the acceptance and processing of any development
application for Park and Recreation Facilities located in residential zoning districts of the
Estes Valley to allow the Town of Estes Park Board of Trustees, and the Larimer
County Board of County Commissioners to review possible amendments to the EVDC
concerning Park and Recreation Facilities within residential zoning districts in the Estes
Valley; and
WHEREAS, it is necessary to impose this temporary moratorium for only the time
period necessary to allow the Town of Estes Park Board of Trustees and the Larimer
County Board of County Commissioners to adequately review possible new
amendments, including public comment, and if appropriate, adopt amendments to the
165
EVDC concerning Park and Recreation Facilities within residential zoning districts within
the Estes Valley; and
WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq.
C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the
Town of Estes Park has the power to impose this temporary moratorium.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK:
1. The Town of Estes Park Board of Trustees hereby imposes a temporary moratorium
on the acceptance and processing of any new development application for Park and
Recreation Facilities as defined in Section 13.2.C.34 of the Estes Valley Development
Code for development in the RE-1, RE, E-1, E, R, R-1, R-2, RM zoning districts of the
EVDC within the Town of Estes Park.
2. This temporary moratorium shall take effect immediately and be in force through
September 19, 2019 unless extended, amended and/or terminated by further action of
the Board of Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the preservation
of the health, safety, and welfare of the citizens of the Town in order to temporarily
delay the acceptance and review of any development application for Park and
Recreation Facilities within residential zoning districts in the Town of Estes Park, and
therefore this Ordinance shall take effect and be in force immediately after its passage,
adoption, and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this _____ day of ____________, 2019.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
166
TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: June 25, 2019
RE: Interview Committee for Estes Valley Board of Adjustment
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for the position open on
the Estes Valley Board of Adjustment.
Present Situation:
The Estes Valley Board of Adjustment consists of five volunteer community members
with three appointed by the Town and two appointed by the County. The board currently
has one vacancy, the Town Clerk’s Office has advertised the opening and currently has
received one application as of the date of this memo.
Proposal:
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, two members of the Board would interview all interested
applicants for the Board position.
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 committee.
Finance/Resource Impact:
None.
167
Level of Public Interest:
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Estes Valley Board of Adjustment interview panel.
Attachments:
None.
168
Human Resources Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Human Resources Director
Date: June 25, 2019
RE: Medical Insurance Plan Mid-Year Adjustment
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To consider the reinstatement of spousal insurance mid-year and the creation of an additional
two tiers of medical insurance coverage; i.e. employee/spouse and family coverage.
Present Situation:
In 2015, the Town was presented with a 30% renewal increase due to large claims above the
stop loss of $40,000. The claims exceeded the premiums collected by the Town and were
ongoing claims impacting the viability of the Town’s insurance plan. As most of the claims were
being experienced by spouses, the Town made the difficult decision to eliminate spousal
coverage in 2015 as allowed by the Affordable Care Act. Without the change the Town was
facing the possibility of not having medical insurance in 2016 due to the cost of the ongoing
claims. Prior to taking this drastic step, the Town did employ the assistance of specialized legal
assistance to review possible options other than the elimination of spousal coverage which
would be allowed by the regulations of the Affordable Care Act.
Human Resources hired a new insurance broker in 2015, Hays and Company, to assist with the
issue and has continued to review every option presented to address the lack of spousal
coverage. Over the past number of years, the Town has also added additional benefits such as
telemedicine and ambulance service to try and provide services to spouses and the employees.
The benefits have increased the Town’s overall benefit package; however, it has not addressed
the lack of spousal coverage.
The Town’s competitiveness with other employers and municipalities has been significantly
impacted by the lack of spousal coverage. It is the opinion of Human Resources and Town
managers, the Town has experienced a lack of high-qualified candidates and a decrease in the
applicant pool due to the lack of spousal coverage. The Police department recently stated two
highly qualified and desirable candidates withdrew from consideration once staff confirmed the
Town did not offer spousal coverage.
Proposal:
Human Resources was able to review the possibility of reinstating spousal coverage due to
recent circumstance which can not be detailed due to HIPPA. Discussions have been ongoing
with Hays the past few months regarding the possibility of reinstating spousal coverage for 169
spouses that do not have access to medical coverage through their employer. In addition, the
Town has a healthy medical insurance fund balance which makes a mid-year adjustment a
viable option.
There are budget amendments which would be needed if the Board approves the addition of
spousal coverage through a mid-year enrollment. The medical premiums collected would
increase by approximately $95,000; however, the employee contribution would increase as the
new tiers are being proposed at an 80/20 contribution rate with the Town paying 80% and the
employee paying 20% for employee/spouse or family coverage. The overall budget would
realize a 3% decrease, therefore, the net impact to the Town budget would be a decrease.
Please see the chart below for details:
Current - No Spousal
Coverage With Spousal Coverage
Budget Accrual $2,267,569 $2,362,742
Total Employee Contribution $226,757 $376,311
Total Net Town of Estes Park $2,040,812 $1,986,431
It is important to note Hays has made a projection based on previous enrollment that 49
spouses would be eligible to enroll in the Town’s medical plan if coverage is limited to spouses
that do not have access to coverage through their employer. It is also important to note
spouses currently enrolled through the Colorado market will need to contact their current
provider before enrolling in the Town’s plan, as the current provider may not allow the spouse to
change plans mid-year. Therefore, the mid-year enrollment may only apply to spouses currently
going without medical insurance. All other spouses covered by the market place may elect to
enroll during the Town’s open enrollment in November for coverage to begin January 1, 2020.
Advantages:
• To reinstate a common benefit other government agencies and municipalities provide, make
the Town competitive, and increase the applicant pool for open positions.
• To address the lack of qualified candidates.
• To retain employees.
Disadvantages:
• The addition of potential unknown risk that may be added to the medical insurance plan.
Action Recommended:
To reinstate medical insurance for spouses that do not have access to medical insurance
through their employer with an open enrollment period to begin July 1, 2019 – July 15, 2019 and
insurance to begin August 1, 2019.
Budget:
A budget amendment would be presented at the July 23, 2019 meeting to address additional
premium costs associated with the enrollment of spouses to the medical plan.
Level of Public Interest.
Low for the public and high for employees of the Town.
Sample Motion:
I move to approve/deny the modification to the Town’s medical insurance plan to include
coverage for spouses that do not have access to medical insurance coverage through their
employer.
170