HomeMy WebLinkAboutPACKET Town Board 2019-12-10The 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, December 10, 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.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated December 2, 2019 and Town Board Study Session
Minutes dated December 2, 2019.
3. Estes Valley Board of Adjustment Minutes dated October 1, 2019 (Acknowledgement
Only).
4. Transportation Advisory Board Minutes dated October 16, 2019 (Acknowledgement
Only).
5. Parks Advisory Board Minutes dated September 19, 2019 (Acknowledgement Only).
6. Acknowledging receipt of Platte River Power Authority Resolution 07-19 and Revised
Board Policy 101, Division of Responsibilities.
7. Estes Park Board of Appeals Reappointment of Amy Plummer for a term expiring
December 31, 2024.
8. Estes Valley Planning Commission Appointment of Matthew Comstock for a term
expiring December 31, 2022.
9.Local Marketing District Board Reappointment of Todd Jirsa for a term expiring April
28, 2020.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. 100 YEARS: A CELEBRATION OF WOMEN COMMITTEE UPDATE. Jean McGuire
and Kent Smith.
Prepared 11-29-2019
*Revised
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
ACTION ITEMS:
1. RESOLUTION 45-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson.
Final budget amendment for the 2019 operational budget. Appropriate Power and
Communication Fund bond proceeds.
2. RESOLUTION 46-19 SUPPORTING THE GRANT APPLICATION FOR A LOCAL
PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF
THE GREAT OUTDOORS COLORADO TRUST FUND AND THE COMPLETION OF
THE THUMB OPEN SPACE. Town Administrator Machalek.
3. RESOLUTION 47-19 SETTING THE APRIL 7, 2020 MUNICIPAL ELECTION. Town
Clerk Williamson.
To Elect Mayor and Three Trustee Positions and Determine Type of Election (poll/mail
ballot).
4. ORDINANCE 33-19 AUTHORIZING THE TOWN OF ESTES PARK TO LEASE A
PORTION OF STANLEY PARK TO THE ESTES VALLEY RECREATION AND
PARK DISTRICT. Town Administrator Machalek.
Consideration of new Lease Agreement to extend the lease of a portion of Stanley
Park to the Estes Valley Recreation and Park District
ADJOURN.
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Town of Estes Park, Larimer County, Colorado, December 2, 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 2nd day of December, 2019.
Present: Todd Jirsa, Mayor
Ron Norris, Mayor Pro Tem
Trustees Carlie Bangs
Eric Blackhurst
Marie Cenac
Patrick Martchink
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Norris) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Mike Bryson/Town citizen, Jeanne Allen/Town citizen, Larry Allen/Town citizen, Stephen
Riedlinger/Town citizen, Ann Wise/Town citizen spoke against the Thumb Open Space
regarding concerns provided by the Homeowner’s Association, traffic, increased
rockslides, width of streets and parking issues, promotion of the open space, budgeting
constraints and impacts on the Town, and requested the HOA be involved in the
management plan process.
Walter Borneman/Town citizen, Ben Ferree/County citizen, Robin Harding/Town citizen,
Zach Zehr/Town citizen, Daniel Chris/Town citizen, Russell Hunter/Town citizen, Amos
Patrick/Town citizen, Kenzie Schmitt/County citizen, and Buster Jesik/Town citizen spoke
in favor of the Thumb Open Space regarding the ability to address identified concerns,
community and neighborhood involvement, stewardship, rock climbing for multiple skill
levels, access, partnership with local entities, current lack of management versus future
Town management, its value as a resource to the community and town, and conservation.
TOWN BOARD COMMENTS
Trustee Blackhurst thanked employees for their snow removal efforts.
Trustee Zornes attended the Tree lighting ceremony, Catch the Glow Parade, the Trustee
Talk, and the Larimer County Behavioral Health Policy Council. He stated World War II
veteran Frank Riccardi passed away, services would be held December 18, 2019.
Mayor Pro Tem Norris stated the Family Advisory Board was scheduled for December 5,
2019 and thanked Power & Communications for their efforts during the snow storm.
Trustee Bangs thanked citizens for making public comment and stated the Transportation
Advisory Board met with CDOT regarding pedestrian crossings along Highway 7 and
Highway 34. She also attended the Systematic Design of Informed Consent training in
November.
Trustee Cenac congratulated staff on Christmas parade efforts and stated the Rooftop
Rodeo was awarded the Best Large Rodeo at the Mountain States Rodeo and the DRAFT3
Board of Trustees – December 2, 2019 – Page 2
Rooftop Rodeo would be considered as a medium sized rodeo at the National Final
Rodeo.
Trustee Martchink thanked Mayor Jirsa for allowing his daughter to assist in the Tree
Lighting Ceremony and urged voters to participate in the December 10, 2019 Special
Election.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked Town Staff for their efforts during the recent snow
storm.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 12, 2019, Town Board Study Session
Minutes dated November 12, 2019 and Joint Town Board and County
Commissioners Meeting Minutes dated November 14, 2019.
3. Town Board Budget Study Session Minutes dated October 18, 2019 and October
25, 2019.
4. Estes Valley Planning Commission Minutes and Study Session Minutes dated
October 15, 2019 (Acknowledgment only).
5. Family Advisory Board Minutes dated September 5, 2019 (Acknowledgement
only).
6. Approval to Submit a Grant Application to Colorado Department of Transportation
- Transportation Alternative Program Grant Application for Fall River Trail.
7. Town Hall Board Room Audio/Visual Remodel 2019 Contract with VideoLink, Inc.,
for $191,800.14, Budgeted.
It was moved and seconded (Martchink/Bangs) to approve the Consent Agenda,
and it passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
Trustee Cenac left the room at 7:34 p.m.
1. ACTION ITEMS:
A.RESOLUTION 43-19 AMENDED PLAT, RECLAMATION SUBDIVISION, 321
4TH STREET AND 340 S SAINT VRAIN AVENUE, PARK FELLOWSHIP
CHURCH, STEVEN FERRANTE, APPLICANT. Mayor Jirsa opened the public
hearing and Planner Woeber presented Resolution 43-19 to approve an
amended plat at 321 4th Street and 340 S. Saint Vrain Avenue. The amended
plat would rearrange an internal lot line to better align with a fence and structure
already on the property. Mayor Jirsa closed the public hearing and it was
moved and seconded (Martchink/Zornes) to approve Resolution 43-19, and
it passed unanimously.
Trustee Cenac returned at 7:43 p.m.
ACTION ITEMS:
1. PUBLIC HEARING – 2020 BUDGET.
Mayor Jirsa reopened the public hearing from November 12, 2019, and Director
Hudson presented the 2020 Budget as ready to adopt. Director Hudson highlighted
unused BUILD Grant fund reallocation, property tax assessments, Thumb Open
Space fund reserves, and electric vehicle charging stations which could beDRAFT
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Board of Trustees – December 2, 2019 – Page 3
reviewed along with other one-time expenses. Trustees discussed fund allocations
for the unused BUILD Grant funds, increasing or maintaining the mill levy, timelines
for creating a management plan for Thumb Open Space project, electric charging
stations, further dicussions of the Comprehensive Plan, and potential conficts of
interest in the budget which were determined to not be a conflict following Town
Attorney Kramer’s advice.
Stephen Reidlinger/Town citizen, Ann Wise/Town citizen spoke against the
budgeting for the Thumb Open Space project regarding maintenance funds which
should be considered, reallocation of funds should the Town not receive the Great
Outdoors Colorado Grant, reallocation of Thumb funds to the Fall River Trail
project, incurring yearly expenses without a reocurring revenue to support the
project, and using public funds for commercial uses.
Amy Plummer/Town citizen, Eric Murdock/County citizen, Russell Hunter/Town
citizen, and Tommy Caldwell/Town citizen spoke in favor of budget implications
associated with the Thumb Open Space project regarding commercial entity use
fees, pursuing educational conservation grants, and in-kind services from
commercial and conservation entities.
Curtis Kelly/President of Estes Park Museum Friends & Foundation spoke in
support of Museum’s funding request. He stated video recording equipment would
allow the oral history project to progress.
Naomi Hawf/Executive Director of Estes Park Housing Authority requested the
Board consider the funding request of up to $800,000 for the Peak View
Apartments Development project when reviewing one-time expenditures.
Mayor Jirsa closed the public hearing and it was moved and seconded
(Martchink/Norris) to approve the Highway User’s Trust Fund, and it passed
unanimously.
It was moved and seconded (Martchink/Norris) to approve Resolution 40-19,
41-19, 42-19, and it passed unanimously.
2. CAPITAL IMPROVEMENTS PLAN 2020-2024.
Director Hudson presented the Capital Improvements Plan for 2020-2024
developed using the capital improvement planning process. Trustees discussed
seeking grants and it was moved and seconded (Norris/Cenac) to approve the
Capital Improvements Plan for 2020-2024 and it passed unanimously.
3. RESOLUTION 44-19 ESTES PARK LOCAL MARKETING DISTRICT 2020
BUSINESS AND OPERATING PLAN. CEO Eric Lund presented Resolution 44-
19 to approve the 2020 Business and Operating Plan for Visit Estes Park (VEP).
He highlighted the VEP mission and vision, five key goals of the Operating Plan,
and changes to the 2020 Budget. Trustees discussed clarity of the report provided
to the board for approval.
John Meissner/Town citizen appreciated the legibility of the presentation, and
efforts in international tourism but questioned how international tourists would be
welcomed considering cultural and language barriers.
It was moved and seconded (Martchink/Norris) to approve Resolution 44-19,
and it passed unanimously.
4. ORDINANCE 31-19 AMENDING TITLE 18 OF THE ESTES PARK MUNICIPAL
CODE RELATING TO FLOODPLAIN REGULATIONS. Mayor Jirsa opened the
public hearing and Director Muhonen introduced the Board to new Engineer
Jennifer Waters and presented Ordinance 31-19 to correct a date error of the
Colorado Hazard Mapping Program study within Ordinance 25-19 adopted on
September 24, 2019. Trustees discussed the timeline of the ordinance and MayorDRAFT
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Board of Trustees – December 2, 2019 – Page 4
Jirsa closed the public hearing. It was moved and seconded (Blackhurst/Cenac)
to approve Ordinance 31-19, and it passed unanimously.
5. ORDINANCE 32-19 AMENDING MUNICIPAL CODE SECTION 2.20.010
COMPENSATION OF MAYOR, MAYOR PRO TEM, AND TRUSTEES. Mayor
Jirsa opened the public hearing and Town Clerk Williamson presented Ordinance
32-19 regarding the compensation of the Mayor, Mayor Pro Tem, and Trustees. A
review of Board compensation has been completed prior to each Municipal
Election year as requested by the Town Board. Adjustments were made in
December 2017 which set Mayor compensation at $11,000 Mayor Pro Tem
compensation at $9,000 and Trustee compensation at $8,000. The Town’s current
salaries rank in the midpoint for all positions and based on minimum hours worked
for Board members and management pay family adjustments, staff prepared
Ordinance 32-19 increasing compensation for all positions by $1,000. Trustees
discussed the amount of hours Board members work and increasing ongoing
expenses. Mayor Jirsa closed the public hearing and it was moved and seconded
(Martchink/Zornes) to approve Ordinance 32-19, and it passed with Trustees
Blackhurst and Cenac voting “no’.
Whereupon Mayor Jirsa adjourned the meeting at 8:54 p.m.
Todd Jirsa, Mayor
Kimberly Disney, Recording Secretary DRAFT6
Town of Estes Park, Larimer County, Colorado December 2, 2019
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Rooms 202/203 in said Town of Estes Park on the 2nd day of December
2019, rescheduled from the 26th of November, 2019.
Board: Mayor Jirsa, Mayor Pro Tem Norris, Trustees Bangs,
Blackhurst, Cenac, Martchink, and Zornes
Attending: Mayor Jirsa, Mayor Pro Tem Norris, Trustees Bangs,
Blackhurst, Cenac, Martchink, and Zornes
Also Attending: Town Administrator Machalek, Town Attorney Kramer and
Recording Secretary Beers
Absent:None
Mayor Jirsa called the meeting to order at 4:45 p.m.
DOWNTOWN ESTES LOOP QUARTERLY UPDATE. Director Muhonen stated CDOT
was not available to provide the update due to the meeting date change and
recommended the update be rescheduled in January 2020. A review of the timeline for
the LOOP project was provided. Board members requested a review of the project
budget be provided at the January 2020 meeting. The Board discussed a resolution to
outline the Town’s stance on any additional funding requests for the project.
THUMB OPEN SPACE PROPOSAL. The Land Trust presented an opportunity to the
Board for trailhead and trail improvements by Access Fund and Rocky Mountain
Conservancy for the Thumb Open Space proposal. Staff presented the proposal to
allocate local match funds in the 2020 budget to supplement a COGO grant application
for the purchase of five land parcels totaling 65 acres situated on the south side of
Prospect Mountain, also known as the Thumb. The privately owned land contains three
conservation easements with limited public access through a deeded trail on private
property. Trespassing on the property commonly occurs by hikers and climbers. The
proposed purchase would include revisions to the conservation easements to legalize
and expand public access and use. Proposed project partners included the Town, Great
Outdoors Colorado, Estes Valley Land Trust, Access Fund and Rocky Mountain
Conservancy. Town Administrator Machalek stated neighbor concerns due to
increased usage should be a consideration. Staff have received concern related to
overflow parking occurring on Peak View which would become a code enforcement
issue. The neighborhood landowners must conduct a rockfall study for the area where
steep grade exists, which the Town may be responsible for if the project is approved.
He stated conversations with CIRSA, the Town’s property and liability insurance
provider, informed the Town any damage to a neighboring property by a third party
would likely not be covered. Major considerations included: access to the property;
enforcement of parking and rules and regulations; easements to include topographical
changes for trail work; signage and commercial use if determined by the Board;
insurance and liability; promotion and advertising; anticipated costs of acquisition,
improvements and annual maintenance; the formation of a management plan and future
costs. Staff requested feedback from the Board regarding proposed 2020 budget
expenditures of $241,700 for the purchase of parcels for the Thumb Open Space
Proposal and asked the Board to consider a Resolution of support for the GOCO grant
application at the December 10, 2019 meeting. Board concerns have been summarized:
road maintenance costs for Curry Road; whether existing homes have sustained
damage due to rock slides; concern was stated regarding the altering of drainage
patterns and the lack of a management plan; and the approximate cost for a rock fall
study if conducted by the Town. Staff would verify with GOCO whether the awarding of
the grant would commit the Town to the project. DRAFT7
Town Board Study Session – December 2, 2019 – Page 2
BROADBAND UPDATE. Manager Swoboda stated the Broadband pilot/startup project
is in its final stage and anticipates full-service launch in January 2020. She reviewed
construction highlights including; Raven Circle/Ranch Meadows was activated in
September with 33 pilot customers and 17 additional customers scheduled for
installation; FullStack LLC has developed automation tools for customer installations,
easy to use network monitoring tools and is in development of a second
intergovernmental agreement to share call center services and technical staff with Fort
Collins and Loveland; FullStaff would also assist staff in the development of a smart-grid
network; Carriage Hills construction is on schedule with roll out of three cabinet service
areas in phases; and Woodstock Drive would serve as the operations center with
architectural plans completed in January 2020 and staff relocation mid-year 2020. She
stated revenue bond sales took place on October 29, 2019 totaling $33,561,812 in bond
proceeds which were wire transferred to the Town in November 2019. The Town
infrastructure requires 55 cabinets each servicing approximately 200 customers. She
added over 200 guests attended the Brand Launch event in September 2019.
UPDATE ON FISH HATCHERY PROPERTY WORKFORCE HOUSING PROJECT. In
2017, the Town issued a request for proposal (RFP) for the evaluation, plan and
implementation of development of the Fish Hatchery property for workforce housing. Of
the three proposals received, AmericaWest Housing Solutions and Prairie Fire
Development Group were selected as the preferred developer. The project did not move
forward and the agreement expired. Staff stated there has been interest from the two
remaining developers and an additional developer in the project. Staff requested
feedback from the Board on their interest in pursuing a workforce housing development
on the Fish Hatchery property and if so, would the Board re-issue an RFP or revisit the
remaining two proposals, and any outstanding questions or concerns the Board would
need answered early in the process. The Board was in consensus to continue
researching development opportunities for the property. Board comments have been
summarized: cost associated with sewer and utility upgrades for 150 units; impacts
related to density in the area; making sure the proposals address the limitations of the
property; determine alternative ideas on scope for the project, and what housing type
the Town would be interested in developing. Staff were directed to reach out to the
remaining two applicants and a third party whom have stated interest for feedback on
the limitations of the project and provide an update to the Board at a future meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Mayor Pro Tem Norris would attend the Fourth Quarter Regional Elected Officials
meeting on December 19, 2019.
Trustee Martchink posed a citizen question on whether the School District can increase
taxes on marijuana to offset any increase in teacher wages. Attorney Kramer stated
staff would provide the Board with more details after researching the question. Trustee
Martchink stated the Parks Advisory Board is researching options to fund public art to
include a percentage of capital projects going towards Art in Public Places which would
require Board approval. He added more information would be provided to the Board
when available.
Trustee Blackhurst questioned why the Board was not awarded the BUILD grant.
Feedback on the application would be available in January which staff would forward to
the Board.
FUTURE STUDY SESSION AGENDA ITEMS.
The Board was in agreement to add the Fish Hatchery Project discussion to Items
Approved and Unscheduled. The January 14, 2020 Transit Philosophy discussion was
moved to February 11, 2020 and was renamed the 2020 Transit Routes Proposal.
There being no further business, Mayor Jirsa adjourned the meeting at 6:17 p.m.
Bunny Victoria Beers, Recording Secretary DRAFT8
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
October 1, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair John Lynch, Rex Poggenpohl, Wayne Newsom,
Joe Holtzman
Attending: Members Moreau, Lynch, Newsom, Poggenpohl, Holtzman
Also Attending: Director Hunt, Planner I Hardin, Recording Secretary Karin Swanlund, Town
Attorney Kramer
Absent: none
Chair Moreau called the meeting to order at 9:00 a.m. He introduced the Board Members and
staff. New member Joe Holtzman introduced himself. There were 4 people in attendance.
1.AGEND A APPROVAL
It was requested to amend the consent agenda to add approval of the minutes of the June 14,
2019 regular meeting.
It was moved and seconded (Moreau/Poggenpohl) to approve the amended agenda.
The motion passed 5-0.
2.PUBLIC COMMENT
Ned Seguine, Griffith Court, expressed concerns about the Alpaca Farm building project and road
right-of-ways.
Trudy Ester, Griffith Court, commented on the Alpaca Farm address being wrong and that staff has
not returned her calls, among numerous other complaints directed at Seth Hanson and his ongoing
projects.
3.CONSENT AGENDA
Approval of minutes dated June 4, 2019
It was moved and seconded (Moreau/Newsom) to approve the Consent Agenda.
The motion passed 4-0 with Holtzman abstaining.
4.VARIANCE REQUEST, 2900 Cedarcliff Drive, owners Sarah Gardner/Jim Bowie
Planner Hardin reviewed the variance requests. The property is located in the E-1 (Estate) zoning
district, which requires 25-foot setbacks on all sides. The applicant is requesting 5-foot setbacks.
Also being sought is a 2.21-foot height variance, in lieu of the 30-foot maximum height limit. The
property has steep terrain and is a narrow lot. The property owners bought the lot next door, and
intend to keep it vacant. Together the two lots are less than half an acre (.2 and .23 acres).
Board Discussion:
The 2000 rezoning erased the overlay PUD zoning that Windcliff had. The EVDC only allows for
PUD’s in Commercial Outlying zoning; there is a code amendment in the works to fix this. Until
this is approved, Windcliff will have to apply for variances. The house is quite large for the small
lot it is being built on. Site plans are usually submitted with the overall footprint to reference the
dimensions of the house. This house is not offensive, nor will it affect any neighbor at this
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RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
October 1, 2019
location. The fee was waived for this request due to the confusion involved. Poggenpohl urged
overall changes relating to setbacks, increasing the front setbacks.
Applicant Discussion:
David Yale, 1521 St. Moritz Trail, speaking for the Windcliff Architectural Control Committee,
stated the house has been reviewed and plans approved. The square footage is 3,200 square
feet. Windcliff was set up as E-1 zoning in 1974; the PUD was put on top of that with smaller
setback requirements.
It was moved and seconded (Lynch/Holtzman) to approve the requested variances. The
motion passed 5-0.
5.REPORTS:
There was a joint meeting on September 30 with the Town Board and County Commissioners and
a decision on the future of the IGA will be coming soon. Support for separate codes between
Town and County land use is the likely path. It was requested by many participants to retain the
Joint Planning Commission and Joint Board of Adjustment. The next meeting on this will be
November 14. If requested, a BOA study session could be held prior to that.
There being no other business before the Board, the meeting adjourned at 9:34 a.m.
___________________________________
Jeff Moreau, Chair
___________________________________
Karin Swanlund, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, October 16th, 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
the 16th day of October, 2019.
Present: Gordon Slack
Belle Morris
Stan Black
Tom Street
Ron Wilcocks
Scott Moulton
Janice Crow
Ann Finley
Linda Hanick
Also Present: Trustee Carlie Bangs, Town Board Liaison
Vanessa Solesbee, Parking & Transit Manager
David Hook, Engineering Manager
Elias Wilson, Public Works Admin. Assistant
Absent: Greg Muhonen, Public Work Director
Chair Morris called the meeting to order at 12:05 p.m.
PUBLIC COMMENT:
APPROVAL OF MINUTES:
Member Black shared that he felt unclear about the language of “recommendation of D or
E” in the September minutes. Black stated that he believed the TAB recommendation was
referencing style rather than the amount of money being charged. Co-chair Street stated
that the progressive and dynamic pricing model should be clarified in the event the board
moves forward with the recommendation. It was moved and seconded (Black/Hanick) to
approve the September meeting minutes as amended to include language stating that it
is the responsibility of the Town Trustees to set and establish paid parking rates. All were
in favor. Members Moulton and Finley recused themselves. Member Wilcocks abstained.
Manager Solesbee will confirm before resubmitting the letter to the Town Board to include
the language of the amended TAB recommendation.
PROJECT UPDATES (V. Solesbee – Parking & Transit Manager)
Prior to project updates from Manager Solesbee, Chair Morris requested that the TAB
have a thoughtful and respectful conversation related to paid parking.
Estes Transit: Manager Solesbee shared that there were over 80,000 riders this summer
resulting in a 3 percent decrease in ridership from 2018. The Downtown Trolley Route
displayed the highest ridership number however this route did experience a decrease in
ridership from 2018. The Blue Route boasted the second highest ridership numbers but
experienced a drop of 4,000 riders from 2018. The Silver Route recorded the lowest
ridership numbers. There is discussion about extending the Brown Route to again serve
the YMCA of the Rockies.
Manager Solesbee shared that the complementary para transit will be available starting in
2020. Anyone within ¾ of a mile will have the ability to call in and the shuttle will make a
detour to pick up the rider. This will include seniors and persons with disabilities. Member
Slack questioned if this means the bus will detour from its intended route to pick up any
individual. Manager Solesbee confirmed. This complementary ridership will be added and
advertised beginning in 2020.
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Transportation Advisory Board – October 16th, 2019 – Page 2
Manager Solesbee is waiting to hear the final Bustang numbers from CDOT and if the
Bustang Route will be declared a success.
The Shuttle Committee and TAB will meet jointly in December to finalize 2020 routes.
Member Finley asked if the Bustang service will be increased or sustained. Solesbee
stated Estes Park will likely have one bus per day unlike the two that ran this summer. It
will likely be a competitive price next year rather than the $10 charged per person this
summer.
Parking: Manager Solesbee that September ended the parking enforcement season.
There was an increase in citations from 2018. This data will be provided to TAB.
Chair Morris questioned where the biggest citation issues occurred. Solesbee replied that
the Dairy Queen and Wheel Bar parking lots were the most common and that the most
common offenders were employees and repeat offenders. As of September 24, 2019,
there were 1,177 citations written. Last year there were around 1,053 citations written.
Manager Solesbee attended the Town Board Study Sessions on September 24 and again
on October 8. Solesbee shared parking data collected for the 2019 season. She stated
the goal is to be able to properly manage parking at peak times. An extensive public
outreach process which reached 450 people was performed. The local and visitor
feedback was very different. Visitors thought the parking experience is fair and local
businesses shared their concerns about the impacts of paid parking. Solesbee stated that
all feedback received will be reported to the Town Board for consideration in their final
determination.
Member Finley questioned why the turnover in parking is good for business. Member Slack
commented that during the 2005 parking study the point was that customers didn’t have
to worry about staying too long. Slack stated that TAB should want to have people able to
stay longer to eat, shop, etc. Member Solesbee replied that the intent is manage the peak
occupancies during the day to help shift the demand. Member Slack commented that
encouraging people to park outside the core, if they’re going to stay for an extended
period, would be ideal. Solesbee replied that paid parking will help effectively shift
behavior. This will also make getting to the downtown area a more welcoming experience
for visitors and residents.
Member Wilcocks stated that, as a business owner, he speaks to 5,000 to 10,000 people
each year and the biggest issue people have with parking in the downtown area are the
time limits. Wilcocks shared that some people will bypass downtown because of paid
parking and the business community is looking for people to camp out all day and enjoy
the amenities Estes Park has to offer. He shared that he has customers sometimes racing
to leave because of the 3-hour time limits. Most malls have free parking to have people
linger and this leads to sales taxes. Wilcocks shared that he surveyed 300 visitors and 99
percent said they do not want paid parking. He spoke with several business owners
downtown in about 6 hours. Wilcocks stated that businesses feel that they are left out of
the discussion and some even say that it is futile to share the business opinion with
representatives of the Town because they feel they will not be heard. He said there wasn’t
a single business owner who wanted paid parking. Of the business owners he spoke with
there were only about five who knew that paid parking was moving forward. Wilcocks
shared an analogy that instead of asking if the businesses like ice cream they are being
asked if they want chocolate or vanilla. He then stated that this is his firsthand account.
Chair Morris replied that the statement made by Wilcocks is broad and that the discussions
about permit options have not yet occurred. Manager Solesbee commented that
downtown parking permits are currently $30 per year, and if Phase II is implemented a
robust permit program would likely be implemented. Member Wilcocks shared that after
what happened with the Downtown Estes Loop there is little trust from the business
community that the Town will pay attention. Finley stated that Solesbee spoke with the
majority of the downtown businesses. Member Slack stated that TAB is moving in the
direction of the adopted Downtown Parking Management Plan (DPMP).
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Transportation Advisory Board – October 16th, 2019 – Page 3
Wilcocks said that the parking management component was done separately with little
discussion from the master planning team and that it was solely done by a consultant.
Manager Solesbee stated that she doesn’t believe Wilcock’s representation of the process
is fair.
Member Slack went to the Town Board Study Session and witnessed the push-back
Solesbee received, although the Town Board approved the DPMP in 2018. Slack shared
that Mayor Jirsa specifically stated that the Town Board needs more feedback. Slack
shared that he doesn’t see paid parking happening next year. Slack further stated it is up
to the Town Board Trustees to decide about paid parking implementation.
Trustee Bangs stated that feedback is very important to the Town Board and that it is
difficult to have a conversation with individuals when they are improperly informed or
believe misinformation that has been disseminated. Chair Morris commented that there
has been a lot of outreach and business owners must take responsibility to participate in
the process.
Wilcocks recommended the 15 unanswered questions be answered prior to Town Board
voting and asked about the price for permits. Finley stated that TAB is only discussing the
implementation of Phase II of the DPMP. Solesbee stated that parking permits will not be
market price, and that the Town Board will be responsible for determining the cost of
permits.
Member Black redirected the conversation by mentioning the recent statement made by
Mayor Jirsa that the parking structure was a waste of $4 million dollars. Black stated that
Solesbee should have responded by stating that the Phase II implementation would fill the
garage. Black stated that if the Mayor isn’t on board Phase II isn’t going to happen.
Member Slack stated that this is not a unitary decision. The TAB has to make it easy for
employees who work across town to park in the parking garage and conveniently get to
work.
Member Crow shared that her friends from the Front Range have stopped coming up to
Estes Park because of the traffic congestion and parking accessibility. Increasing ridership
will be dependent on factors such as routes, service and gas prices.
Manager Solesbee is going back to the Town Board next week to further discuss the
options and data, answer questions about transit and questions related to paid parking.
The three options are to do nothing, implement Phase II or another option that has not yet
been discussed or proposed. Member Slack suggested Solesbee remind the Trustees that
she is working to implement the Downtown Parking Management Plan which was
approved in 2018.
Member Hanick shared that she was a business owner for 25 years and that finding
employee parking outside the downtown core is difficult. She suggested that perhaps a
shuttle system for employees could be implemented where some type of transportation
be made available to get employees to work. This would open up 300 additional spots for
paying customers. Creating this solution would increase customers for businesses.
Wilcocks stated that if an employee shuttle was implemented it should run until 2:30 a.m.
Hanick stated that not every lot will be paid parking and that almost all other resort towns
charge for parking. She believes people won’t be spooked because of paid parking and
that TAB needs to look for solutions to opening up spaces such as the ones employees
use during the day. Chair Morris stated that a bike share program may be a good option.
Member Wilcock stated that these are the exact questions that must be answered before
there is a vote and that this will go a long way in getting buy-in from the business
community. Member Hanick stated that FAQs will help answer the questions people feel
are unanswered.
Member Slack suggested that a potential Phase I-A option to gather more data is needed
because Phase II jumps into paid parking. Approving the groundwork and implementing a
checkpoint before going into Phase II could help the transition.
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Transportation Advisory Board – October 16th, 2019 – Page 4
Chair Morris stated that people are unaware of why paid parking discussion is occurring.
A Frequently Asked Questions (FAQ) sheet would help answer their questions.
PROJECT UPDATES (D. Hook – Engineering Manager)
US 36 & Community Drive Roundabout:
Ongoing environment clearance is currently being performed by CDOT. There are a
couple legal and technical issues being addressed with coordination from the Town
Attorney.
US 34 and Macgregor:
Ongoing discussions about executing a full closure of 34 Hwy for construction are
occurring. This option would allow the project to be completed much faster, to the
community’s benefit. There will be several detour routes included in the traffic control plan
and is planned to be bid and constructed prior to Memorial Day of 2020. This timeframe
contributes to the push for the full closure. Member Moulton asked if Manager Hook of the
time impacts from this project. Hook will get additional information and provide an update
at the next scheduled meeting. Hook stated that while this will impact many people, a full
closure will get the project completed in a reasonable timeframe. The plans for this project
are finalized.
Downtown Estes Loop (DEL):
Hook shared that there is design activity, pavement markings and other specifications
being actively being completed. A discussion about an Intergovernmental Agreement
(IGA) regarding maintenance is taking place. CDOT is not interested in marking cyclist
lanes with green backgrounds so there are discussions about the Town taking this on
taking place. There is also discussion about the color concrete cross walks.
Utility coordination is ongoing and the Town’s Water Division recently started a project in
the post office lot in preparation of the DEL. The entrances will be rotated to prevent the
entire parking lot from being closed.
Brodie Avenue Improvements:
Brodie Avenue has been paved. There are a few minor repairs happening in the area,
the landscaping is being completed, and the trail is complete. The project isn’t officially
complete but is approaching close out. Chair Morris asked if there were markings on the
trail. Hook stated that no markings will be on the trail. Morris mentioned that this could be
a project for the future and that trail markings would help educate the youth. Hook
replied that as the Town continues adopting the Complete Streets Policy this is an area
to consider.
Fourth Street and Elkhorn Avenue:
These projects are nearly complete with the final closeout work being performed. The
pavement markings have been completed on both projects.
Fall River Trail: Right of Way clearance, utility clearance and design provisions are
taking place for the trail section along Fish Hatchery Road, extending to Rocky Mountain
National Park (RMNP). A new grant application is in process which could be used for
another section of the trail.
Member Slack asked Hook to further explain why Estes Park did not receive the
previously submitted grants. Hook replied that the Federal Lands Access Program
(FLAP) application did not identify a clear benefit to RMNP. The Moraine Avenue
application had no clear plan for pedestrians and cyclists for when they arrived past the
RMNP boundary.
Chair Morris asked Hook to provide an update on the upcoming Graves Avenue Project.
Co-chair Street asked if a multimodal path would be included. Hook replied that the
Graves design will have multimodal facilities and align with the Complete Streets policy.
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Transportation Advisory Board – October 16th, 2019 – Page 5
Member Moulton asked Hook to provide an update on Downtown Wayfinding. Hook
replied that the plan must be developed and sent to Town Board in order to draw up
plans. There is funding in 2019 available which will roll over and a 2020 proposal will be
presented.
OTHER BUSINESS
Trustee Bangs shared information from the recent Trustee Talk that was held on
September 26th, 2019. She also stated that on or around November 1 there would be
communication about 3rd Street traffic calming devices. Town Administrator Machalek
would follow up with Director Muhonen.
Bangs also shared that parking conversations have brought up discussions about
cultural shifts among younger generations. The parking turnover rates are an example
of this changing culture. The participants in the conversations expressed that
generationally the cultural experience is changing and people of the younger
generations are looking for experiences. This results in visitors not spending 6 hours
downtown. Bangs shared that there were participants in the conversation who had not
participated in prior conversations.
Chair Morris shared a list of questions to be provided to CDOT Region 4 Traffic
Engineer, Larry Haas. Haas will be attending the November TAB meeting and Director
Muhonen suggested the TAB provide Haas with a list of questions in advance of the
meeting. The TAB members engaged in discussion and Morris requested members
submit their ideas for questions to her no later than October 21, 2019.
With no other business to discuss, Chair Morris adjourned the meeting at 2:02 p.m.
Recording Secretary
Elias Wilson, Public Works Department
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Town of Estes Park, Larimer County, Colorado, September 19, 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 19th day of September, 2019.
Present Merle Moore
Vicki Papineau
Ron Wilcocks
Rex Poggenpohl
Wade Johnston
Also Megan Van Hoozer, Public Works Administrative Assistant
Present: Elias Wilson, Public Works Administrative Assistant
Patrick Martchink, Town Board Liaison
Brian Berg, Parks Supervisor
Kevin McEachern, Operations Manager
Greg Muhonen, Public Works Director
Absent: Dewain Lockwood
Geoffrey Elliot
Chair Merle Moore called the meeting to order at 8:34 a.m.
PUBLIC COMMENT
Estes Arts District (EAD) – Member Wade Johnston stated that planning is taking place
for next year with the potential of a band camp on an ongoing basis.
League of Women Voters (LWV) President Liz Zornes, Treasurer Cherie Martin, and
Member Judy Schaffer were in attendance. LWV extends their thanks for the efforts and
contributions of the Town’s Art In Public Places (AIPP) program.
2020 is the 100th anniversary of the 19th Amendment to the Constitution of the United
States. With there being no existing pieces of significant artwork in town paying tribute
to any of the founding women of Estes Park, the LWV proposes that a committee be
established to identify an appropriate piece of artwork to pay tribute. It was expressed
that neither Rocky Mountain National Park (RMNP) nor Estes Park would exist without
these pioneering women.
The LWV would love to collaborate with this committee on the artwork and The Estes
Park Woman’s Club (EPWC) would also be interested in participating in the artwork
collaboration, with the hopes of offering financial support for the project.
Supervisor Berg confirmed his support of the idea and stated the PAB could explore
designating such a committee.
GENERAL BUSINESS
A motion was made and seconded (Papineau/Wilcocks) to approve the August meeting
minutes and all were in favor.
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Parks Advisory Board – September 19, 2019 – Page 2
ESTES PARK NOXIOUS WEED ORDINANCE - UPDATE
Lt. Rick Life and Code Enforcement Officer Michael Madachy were in attendance to
discuss the Noxious Weed Ordinance and associated enforcement.
Life said that it has been an adventure learning about the challenges of noxious weeds
and described the difficultly of positive identification due to the close relation and
similarity to native plants. Life stated the importance of educating the community on
identification and proper treatment. While some educational efforts are in motion, the
efforts need increased.
Member Wilcocks asked Lt. Life if the current enforcement aligns with state-mandated
enforcement. Life specified that in order to develop the most effective plan several
considerations are being made to ensure alignment with the State and to ensure the
best outcomes for the Town. Life further stated that Estes Park can’t enforce anything
more than is currently being done due to lack of the needed resources to maintain the
entire town.
Code Enforcement Officer Madachy has been educating residents about the importance
of dealing with noxious weeds. It was suggested to, during the next update of the Estes
Land Stewardship Association’s (ELSA) “14 Very Unwanted Weeds” booklet, ensure the
descriptions and photos of the noxious weeds are more detailed to aid in better
identification.
2020 AIPP FUNDING – WOMEN OF ESTES
Member Wilcocks asked the PAB to vote on a resolution supporting the creation of a
monument for the historic women of Estes Park to present to the Town Board. The
resolution only asks for the support of the Town Board and does not ask for funding.
Member Poggenpohl suggested that the resolution include language requesting Town
Board approval of the PAB acting as the selection committee for the artwork.
Chair Moore questioned why a sculpture would be the only acceptable artwork.
Wilcocks responded that there are several bronze sculptures around town and this
would ensure the piece is long-lasting and significant. Member Poggenpohl suggested
that before the PAB works to narrow it down it would be beneficial to have more
involvement from the community. Member Wilcocks suggested that the word “bronze”
be stricken from the resolution. Trustee Liaison Martchink suggested the PAB request
Town Board approval of proceeding with this concept, with selection and discussion of
the designs at a later date.
Member Wilcocks stated that, regarding forming a PAB subcommittee for the artwork
determination, the PAB isn’t required to obtain Town Board approval. Wilcocks further
stated that he wants the Town Board support of the artwork, with Bond Park being the
location due to its prominent location. Budgets, fundraising, RFPs, and timeframes will
need to be created, but without the support of the Town this will not be possible.
Supervisor Berg stated that PAB should ask the Town Board for the specific land
location of where they’d like to see this this artwork.
Wilcocks strongly believes that Bond Park is the best location to pay tribute to the
pioneering women. The LWV prefers the selected piece be in Bond Park because the
area has been heavily influenced by women.
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Parks Advisory Board – September 19, 2019 – Page 3
Member Poggenpohl suggested the PAB organize a committee to come up with a
proposal, then approach the Town Board for approval.
Director Muhonen stated he believes the Town Board has already shown report as
evidenced at the Town Board Meeting wherein the Decorating Utility Box (DUB)
selections were approved. Muhonen stated that Member Poggenpohl’s suggestion for a
subcommittee would get the process moving but reminded the group that there are
other areas already designated for artwork in Estes Park if the Town Board is
interested.
Chair Moore indicated that a resolution is not necessary at this time.
Wilcocks removed the previous resolution and made a motion to form a subcommittee
that will reach out to stakeholders to create the monument. Member Poggenpohl
seconded the motion and all were in favor. Wilcocks will lead the subcommittee and
bring recommendations for stakeholder involvement.
MRS WALSH’S GARDEN COMMITTEE UPDATE
At the last regularly scheduled meeting it was discussed there is a need for a
professional Master Plan for Mrs. Walsh’s Garden (“Garden”). Supervisor Berg stated
that the Parks Division staff will repair the waterfall and reposition the rock as these
were heavily damaged in the 2013 Flood.
The Mrs. Walsh’s Garden Advisory Committee (MWGAC) recommended requesting the
Parks Division issue an RFP to locate a vendor with the needed expertise to create the
Master Plan. Supervisor Berg stated that before this type of determination can be made,
all need to be aware the design cannot be something the Parks Division isn’t able to
maintain. If the plan includes too various of plants types and soil types it would be very
difficult to maintain.
Member Poggenpohl suggested Berg be involved with the RFP process to ensure this is
addressed. Poggenpohl also suggested an employee specifically designated to the
Garden would be beneficial for the Parks Division. Berg stated that, without buy-in from
the staff it would be difficult to ensure that the Garden is properly maintained. The
design needs to be practical.
Chair Moore stated that the Garden is a native plant garden so, in some cases, it could
be redesigned to better care for the plants within. He also commented that a Parks
Division staff member would have to be dedicated to the Garden to ensure consistency
of care. Moore stated there should be $41,000 in the Trust and that an additional
amount will be added at the end of this year. Supervisor Berg said that, depending on
hiring a dedicated staff member to the Garden, the budget may have $60,000 - $70,000
available for next year.
Trustee Liaison Martchink asked if there any allowable funds for a Master Plan design
for the Garden. Director Muhonen stated there are designated funds already in place
through the trust. The Parks Division is responsible for those funds. This motion is to
help guide staff on how to spend the money from the trust.
Berg stated that the waterfall needs repaired this summer regardless of a Master Plan.
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Parks Advisory Board – September 19, 2019 – Page 4
Moore stated that without a Master Plan the Garden could end up in a situation where
individuals are adding their own personal projects which may not align with the purpose
of the Garden. Poggenpohl asked why the PAB can’t have a Master Plan completed this
Fall with construction beginning in the Spring for the waterfall and the rest of the
Garden. Poggenpohl offered to help supervise the process to ensure the designers and
architects are moving along. Berg stated that getting a contractor to come install a
waterfall will be a difficult task.
MWGAC requests that the Parks Division issue an RFP to identify a contractor who is
qualified, has the appropriate expertise, and who has demonstrated an ability to develop
an overall garden master plan that incorporates planting areas designed specifically for
site-appropriate native plant materials. The RFP is also to include a specific site
development plan for the pond and waterfall areas and a construction bid for that
portion.
The recommendation was adapted to allow the Parks Division to publish the RFP and
all were in favor.
AIPP FUNDING RESEARCH
Member Poggenpohl stated the two things needed for AIPP. The first is funding and the
second is an Arts Advisory Committee to aid PAB in making decisions regarding
maintenance of art. A project would need budgeted and a reserve account would be
established for the determined percentage. Chair Moore asked if the changes to the
guidelines will impact the ordinance. Poggenpohl suggested PAB design a new
ordinance that requires funding. The $5,000 shown on the handout is open for
discussion if the Town Board would like to adjust the amount. Establishing a fund would
ensure the possibility of future art projects in Estes Park. Moore suggested the handout
be taken home and studied.
Wilcocks asked if the language of this handout would supersede what is stated in the
AIPP Guidelines related to the Maintenance Fund. Director Muhonen stated the
document language needs adjusted.
Discussions continued about the desired amount to be requested. Moore asked for data
from different towns reflecting the percentage of the programs having similar funding
programs. Poggenpohl responded that 11 out of 27 had a system like this, ranging from
.5% to 1.5%. This is fairly comprehensive. A cap may need set on the amount, if
applying to a $27 million project, for example.
A Master Plan will need to be in place prior to requesting funding for this program. At
the next regularly scheduled meeting, there should be discussion on completion of an
Art Master Plan. Muhonen stated that if the ordinance moves forward, it may make
sense to wait and use the funding for the Master Plan.
Wilcocks stated that the EAD is very open to working with the PAB and would be
interested in contributing to an Art Master Plan. Wilcocks will reach out to the Arts
Center of Estes Park and the Fine Arts Guild to gauge their level of desire to become
involved. Muhonen suggested that once an art committee is formed their first project
should be for the historic women of Estes Park.
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Parks Advisory Board – September 19, 2019 – Page 5
Chair Moore requested that Administrative Assistant Van Hoozer send out the notes
taken during the review of the AIPP Guidelines.
OTHER BUSINESS
Supervisor Berg shared that Keri Kelly has submitted her resignation and that the Parks
Division is in the midst of the hiring process which includes several excellent
candidates.
With no other business to discuss, a motion was made and seconded (Moore/Johnston)
to adjourn the meeting at 10:16 a.m. and all were in favor.
Recording Secretary
Elias Wilson, Public Works
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Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten
Date: December 10, 2019
RE: Acknowledging receipt of Platte River Power Authority Resolution 07-19
and Revised Board Policy 101, Division of Responsibilities
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE
☐CONTRACT/AGREEMENT ☐ RESOLUTION OTHER______________
QUASI-JUDICIAL ☐ YES ☐ NO
Objective:
To promote ongoing stability and consistency in operations of Platte River Power
Authority by revising Town Policy 101 to reflect PRPA’s recommendations for the
municipal appointment of the PRPA Board members.
Present Situation:
The PRPA board has traditionally balanced political influence with industry subject
matter experts by having each Municipalities' Mayor and Electric Utility Director serve
on their board. PRPA unanimously adopted resolution 07-19 at their September 26th
board meeting. Their resolution encourages the traditional balance by providing
guidance for the appointment of representatives to serve on Platte River's board of
directors.
Proposal:
Staff proposes revising Town Policy 101, “Board of Trustees Division of
Responsibilities” to reference PRPA’s resolution as follows:
9. Special Consideration for Platte River Power Authority (PRPA) Board -
The Mayor or the Mayor's designee serves on the PRPA Board ex officio.
The second PRPA Board appointment shall be approved by the Town
Board, with a preference for the Utility Director per PRPA Resolution 07-
19.
Advantages:
●Provides diversity on the PRPA board of directors
●Provides guidance for the preferred qualifications to achieve the diversity
UTILITIES DEPT
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Disadvantages:
None
Action Recommended:
Staff recommends approving the revised policy.
Finance/Resource Impact:
None.
Level of Public Interest
Low
Sample Motion:
This will be on the consent agenda.
Should it be removed the following sample motion could be used.
I move to approve/deny the proposed revisions to Policy 101.
Attachments:
PRPA Board Resolution 07-19
Policy 101
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RESOLUTION NO. 07-19
Resolution No. 07-19: Board appointment
Page 1 of 2
WHEREAS, pursuant to the Organic Contract, Platte River Power Authority (the
“Authority”) is governed by a board of directors (“Board”) consisting of representatives from its
four owner communities; and
WHEREAS, the original Organic Contract, dated June 17, 1975, provided for a four-
member board of directors appointed by the owner communities, but did not specify any
qualifications for the directors; however, the initial Board consisted primarily of the utility
directors of the owner communities; and
WHEREAS, in November 1976, the Organic Contract was amended to expand the
Board to eight members, including the mayors of each of the owner communities serving “ex
officio” and four additional members appointed by the governing bodies of the owner
communities, who “shall be selected for judgment, experience and expertise which makes them
particularly qualified to serve as the Director of an electric utility,” which evidenced an intent to
have a balance of political representation (reflecting the intent of the owner communities and
their ratepayers) and technical expertise in utilities matters on the Board; and
WHEREAS, in 2019, the Organic Contract was further amended to provide that the
appointed directors “shall be selected for judgment, experience, and expertise which makes
them qualified to serve on the Board of Directors of the Authority”; and
WHEREAS, although the 2019 amendment removed the requirement that an appointed
Board member be qualified to serve as “the Director of an electric utility,” it did not vitiate the
long-standing policy that there should be a balance of political representation and technical
expertise on the Board; and
WHEREAS, although the function of the Board is primarily establishing strategic policy
for the Authority rather than technical direction, in establishing policy the Board will confront a
myriad of issues for which technical and business expertise will be required, including
integration of renewable and carbon-free generation resources, integration of electric systems,
financing of major capital projects and participation in organized energy markets; and
WHEREAS, the Board has determined that, in order to enhance the quality of decision
making, it is beneficial to have representation on the Board that not only reflects the diverse
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Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 9/24/19
Effective Date: 9/24/19
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 9/24/2019
1.Purpose The Board of Trustees has many varied responsibilities. In order to effectively use
their time, the Board finds it necessary to divide duties and responsibilities among the Board
members.
2.Assignments To Ongoing Committees: At the first regular meeting following the certification of the
results of each biennial election, the Board of Trustees determines each Board and Commission
Primary Liaison assignments and responsibilities for the remainder of the term of the current
standing Town Board.
a.Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in 101.2,
the Board may do so at any regular meeting of the Board.
3.Assignment To Committees Of The Board Of Trustees (committees comprised solely of
members of the Board of Trustees)
a)Assignments to Audit Committee:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint two (2) Trustees to the Audit committee with the
Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1,
2014; Ord. 13-15, § 1, 9-22-2015)
b)Assignment to Special Committees:
Special committees may be established by the Board of Trustees. The Mayor shall
appoint all members of any special committee subject to the approval of the Board of
Trustees. (Estes Park Municipal Code 2.08.020)
4.Appointment of Mayor Pro‐ Tem: “At its first meeting following the certification of the
results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as
Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees,
or during the Mayor's absence from the Town or his or her inability to act, shall perform his or
her duties.” (Estes Park Municipal Code 2.16.010)
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Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 9/24/19
Effective Date: 9/24/19
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 9/24/2019
5.Special Assignments to Ad‐Hoc and Temporary Committees: The Mayor may nominate
trustees to serve on committees, community groups, or in some other capacities as a
representative of the Town, except in cases where a Board Liaison has been approved by the
Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such
appointments to the Board for approval at a regular town board meeting. The Mayor will
make every effort to distribute special assignments equitably among the members of the
Board.
6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102,
Town Committees, “Applicants for all committees will be interviewed by the Town Board, or
its designees. Any designees will be appointed by the full Town Board.”
7.Outside Committees – Outside committees are committees or boards where the Town is
represented by a member of the Board of Trustees and/or staff. These are not committees of
the Town of Estes Park and therefore the rules and guidelines for membership are those of
the outside entity not the Town. At times, they may request that the Trustees assign an
individual(s) to represent the Town, however they may also request a specific individual or
position as the Town’s representative to the committee.
8.Liaison Assignments ‐ The Mayor may nominate trustees to serve as a Board Liaison. The
Mayor shall present the nomination of any such appointments to the Board for approval at a
regular town board meeting. The Mayor will make every effort to distribute special
assignments equitably among the members of the Board.
9.Special Consideration for Platte River Power Authority (PRPA) Board ‐ The Mayor or the
Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment
shall be approved by the Town Board, with preference for the Utility Director per PRPA
Resolution 07‐19.
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Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 9/24/19
Effective Date: 9/24/19
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 9/24/2019
Board Assignments
Mayor Pro‐Tem ‐ __ Trustee Norris_____________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Valley Planning Commission Trustee Blackhurst Randy Hunt Advisory/ Decision
Making
Estes Valley Board of Adjustment Randy Hunt Decision Making
Western Heritage Inc Trustee Cenac n/a Outside
Estes Park Museum Friends and Foundation
Inc.
Derek Fortini Outside
Ambassadors Teri Salerno Outside
Police Auxiliary Wes Kufeld Working Group
Parks Advisory Board Trustee Martchink Brian Berg Advisory
Transportation Advisory Board Trustee Bangs Greg Muhonen Advisory
Estes Valley Restorative Justice Denise Lord Working Group
Estes Park Board of Appeals Randy Hunt Advisory/Decision
Making
Sister Cities Trustee Bangs n/a Working Group
Family Advisory Board Trustee Norris Travis Machalek Advisory
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Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 9/24/19
Effective Date: 9/24/19
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 9/24/2019
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Jirsa
Trustee
Blackhurst &
Cenac
Travis Machalek
Duane Hudson
Advisory
Colorado Association of Ski Towns (CAST) Voting Designee
–Mayor Jirsa
Alt Designee TA
Machalek
n/a Outside
Platte River Power Authority Board of
Directors
Mayor Jirsa Reuben Bergsten Outside
Larimer County Open Lands Board Trustee Zornes n/a Outside
Estes Park Economic Development
Corporation Board of Directors
Trustee
Martchink & TA
Machalek
n/a Outside
Larimer County Solid Waste Policy Council Trustee Zornes Outside
Local Marketing District (Visit Estes Park) Mayor Jirsa,
Trustee Cenac
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
Martchink
Outside
Larimer County Behavioral Health Policy
Council
Trustee Zornes n/a Outside
___________________________________
Todd Jirsa
Mayor
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TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Town Clerk Williamson
Date: December 10, 2019
RE: Estes Park Board of Appeals Reappointment of Amy Plummer for a term
expiring December 31, 2024
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the reappointment of Amy Plummer to the Estes Park Board of Appeals.
Present Situation:
The Board of Appeals is composed of five members with technical qualifications,
required by various International Building Codes, with the purpose of hearing appeals of
the Building Official’s decisions and to advise staff and elected officials on matters
pertaining to code amendments and code interpretations. Amy Plummer was appointed
to a two-year term in December 2017 expiring December 31, 2019.
Proposal:
Staff recommends the Board accept Amy Plummer’s application and forego additional
advertisement for this technical position. Amy Plummer is a retired professional
engineer in Estes Park. She has extensive experience and is qualified to represent
engineering specialties on the Board of Appeals.
Advantages:
Provides continuity on the Board of Appeals and provides representation on the Board
of the Civil Engineering profession.
Disadvantages:
If the appointment is not made, the position would remain vacant until it could be
advertised and interviews conducted.
Action Recommended:
Reappoint Amy Plummer to the Estes Park Board of Appeals for a five-year term
expiring December 31, 2024.
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Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the reappointment of Amy Plummer to the Estes Park Board of
Appeals for a five-year term expiring December 31, 2024.
Attachments:
None.
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TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Town Clerk Williamson
Date: December 10, 2019
RE: Estes Valley Planning Commission Appointment of Matthew Comstock for
a term expiring December 31, 2022
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointment recommended by the interview committee for the Estes
Valley Planning Commission.
Present Situation:
The Town Clerk’s Office advertised for a position on the Board to fill a vacancy which
expired December 31, 2018. One application was received and the interview committee
consisting of Mayor Jirsa and Trustee Blackhurst conducted an interview November 22,
2019.
Proposal:
The interview committee recommends the appointment of Matthew Comstock to a
three-year term expiring December 31, 2022.
Matthew Comstock has lived in Estes Park for over a year and has become engaged in
various clubs and councils since his move. He has worked in advertising and marketing
with multiple companies.
Advantages:
Filling the position would complete the seven-member board.
Disadvantages:
If the appointment is not made, the position would remain vacant until it could be re-
advertised and interviews conducted.
Action Recommended:
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Appoint Matthew Comstock to the Estes Valley Planning Commission for a three-year
term expiring December 31, 2022.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Matthew Comstock to the Estes Valley
Planning Commission for a three-year term expiring December 31, 2022.
Attachments:
None.
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TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Town Clerk Williamson
Date: December 10, 2019
RE: Local Marketing District Board Reappointment of Todd Jirsa for a term
expiring April 28, 2020
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the reappointment of Mayor Todd Jirsa to the Local Marketing District.
Present Situation:
Mayor Jirsa was appointed to Local Marketing District Board for a term expiring
December 31, 2019. The Intergovernmental Agreement for the Estes Park Local
Marketing District between the Town and County dated January 1, 2019 states “one or
two Town appointees may be members of the Town Board. Said appointed Town Board
members shall serve as Directors of the District only during their term as members of
the Town Board.”
Proposal:
Staff recommends the Board reappoint of Mayor Jirsa to the Local Marketing District
Board for a term which corresponds to his term as Mayor.
Advantages:
Provides continuity on the Local Marketing District Board.
Disadvantages:
If the appointment is not made, the position would remain vacant until it could be
advertised and interviews conducted.
Action Recommended:
Reappoint Todd Jirsa to the Local Marketing District for a term expiring April 28, 2020.
Finance/Resource Impact:
None.
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Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the reappointment of Todd Jirsa to the Local Marketing District
for a term expiring April 28, 2020.
Attachments:
None.
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12/4/2019
1
100 Years: A Celebration of
Women
The 19th Amendment and the Extraordinary
Women of the Estes Valley
•August 26, 2020 marks 100 years
since the ratification of the 19th
Amendment guaranteeing
women the right to vote
•It’s Time to Celebrate!
1
2
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12/4/2019
2
•The contributions of the Women
of the Estes Valley who have
helped build and strengthen this
community have often been
under appreciated and
overlooked
•It is time to correct that!
•It is time to celebrate!
Who is Involved?
•Women’s Club
•Estes Valley Library
•Estes Park Schools
•Estes Park Museum
•Estes Valley Nonprofit Resource
Center
•League of Women Voters of EP
•Quota Club
•Estes Arts District
•EP Parks Department
•Visit Estes Park
•EP News
•Estes Park Trail Gazette
•Estes Valley Crisis Advocates
•Estes Valley Community Center
•PEO
•Community Leaders
•YOU?
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4
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12/4/2019
3
Events Planned So Far
•1917 Book Club at Estes Park Museum
•Women’s History Month –Estes Valley Library
•High Tea –Estes Valley Community Center
•“Celebrating Women” Conference –Women’s Club
•Rooftop Rodeo Parade
•Young Chautauqua Performances
•Proclamation on August 26th
In the Works
•Potential Arts Project
•Banners and Signage throughout town
•Yellow Flower Displays
•Communications – Facebook, Newspapers
•100 Years: 100 Women Project
•Please email essay submissions to:
chomanwendell@estesvalleylibrary.org
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6
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41
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PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on ACTION ITEM 1.
RESOLUTION 45-19 SUPPLEMENTAL BUDGET APPROPRIATIONS.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the budget.
Has any Trustee had any ex-parte communications concerning this budget
which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
budget. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the budget which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
budget.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Request Board consider a motion.
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7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
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FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Finance Director Hudson
Date: Dec 10, 2019
RE: Resolution 45-19 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 amendment includes appropriating for the
2019 Power and Communication Fund Revenue Bonds (broadband financing) and other
final year end amendments as detailed below.
Present Situation:
The following summarizes the proposed changes by Fund.
General Fund: Increase $31,982
Town Administrator training costs were increased by $13,326 for a SDIC training class
(Systematic Development of Informed Consent) held on site in November. The classes
were made available to other government agencies (Hospital, Library and Larimer
County) and this additional cost was offset by revenues from these other agencies. In
addition, the Town Administrator land improvement budget was increased $12,156 to
cover the Willow Knolls Legacy Project funded by a state grant and funds raised from
the centennial logo item sales.
The appropriation for the transfer to the Estes Valley Fire Protection District was
increased $24,000 as a result of increased sales tax revenue estimates.
Finally, salary and benefit appropriations were reduced $17,500 in the Code
Enforcement Division of the Police Department due to the employee starting later in the
year than originally budgeted.
Emergency Response Fund: Increase $4,000
The communication equipment appropriation was increased $4,000 to cover
unanticipated equipment needs.
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Community Center Fund: Increase $25,000
This increase to the Estes Valley Recreation and Park District transfer is due to
increased sales tax revenue estimates at the end of the year.
Power and Communication Fund: Increase $26,231,340
This increase is to appropriate the 2019 revenue bonds, including $3,039,784 to refund
the remaining balance of the 2007 Light and Power Revenue Bonds, $300,971 for bond
issue costs, and $22,890,585 of project funds. The Town had previously budgeted a
total of $3,109,415 from the seed money and other reclassified appropriations, which
together with this amendment, total $26,000,000 in project appropriations. A detailed
schedule is included in the attachment for additional clarity.
Fleet Maintenance Fund: Increase $16,000
Appropriates an additional $16,000 for fleet maintenance wages and benefits to cover
estimated costs at year end.
Proposal:
To complete these items, the moneys must be appropriated within the proper funds.
The attached budget resolution provides for the required appropriations.
Advantages:
As the final year end budget amendment, it is important that total actual expenditures do
not exceed total appropriations by fund so this amendment is intended to help cover
that. The primary risk of this happening is the Community Center Fund which accounts
for sales tax revenues and remittances to the Estes Valley Recreation and Park District
as mentioned above.
This amendment also appropriates the Power and Communication Revenue Bonds to
allow the project to move forward.
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 as presented.
Finance/Resource Impact:
After reflecting these changes, the General Fund is projected to end 2019 with a 25.6%
fund balance. Each fund is expected to end 2019 with a positive fund balance as well.
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Level of Public Interest
The amount of public interest in these amendments is expected to be minimal. No
communication from the public has been received regarding these amendments.
Sample Motion:
I move for the approval/denial of Resolution 45-19 Supplemental Budget
Appropriations to the 2019 Budget.
Attachments:
Attachment A – Resolution 45-19 Supplemental Budget Appropriations to the 2019
Budget
Attachment B – Recap of proposed Budget Amendments and supporting schedules
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RESOLUTION 45-19
SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2019 BUDGET
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 $26,308,322 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 24,321,108 31,982 24,353,090
204 Community Reinvestment Fund 6,024,527 0 6,024,527
211 Conservation Trust Fund 40,446 0 40,446
220 Larimer County Open Space Fund 1,707,087 0 1,707,087
236 Emergency Response System Fund 400,580 4,000 404,580
238 Community Center Fund 768,392 25,000 793,392
244 Trails Fund 1,011,073 0 1,011,073
260 Street Fund 4,902,452 0 4,902,452
502 Power and Communications Fund 23,717,017 26,231,340 49,948,357
503 Water Fund 9,882,357 0 9,882,357
606 Medical Insurance Fund 2,352,416 0 2,352,416
612 Fleet Maintenance Fund 486,672 16,000 502,672
625 Information Technology Fund 904,374 0 904,374
635 Vehicle Replacement Fund 629,465 0 629,465
645 Risk Management Fund 283,947 0 283,947
Total All Funds 77,431,913 26,308,322 103,740,235
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ADOPTED this day of , 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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TOWN OF ESTES PARK
RECAP OF PROPOSED BUDGET ADJUSTMENTS
FOR YEAR ENDED 12-31-2019
AS OF Dec 10, 2019
101 204 211 220 236 238 244 260
GENERAL FUND
COMMUNITY
REINVESTMENT
CONSERVATION
TRUST
LARIMER COUNTY
OPEN SPACE
EMERGENCY
RESPONSE
COMMUNITY
CENTER TRAILS STREET
Revenues, As Amended $22,069,845 $4,665,494 $32,300 $1,167,000 $402,089 $793,392 $1,022,196 $1,859,142
Expenses, As Amended 24,353,090 6,024,527 40,446 1,707,087 404,580 793,392 1,011,073 4,902,452
Net (2,283,245)(1,359,033)(8,146)(540,087)(2,491)0 11,123 (3,043,310)
Estimated Beginning Fund Balance, 1/1/19 8,652,961 1,359,099 70,605 553,476 79,363 0 612,721 3,557,952
Estimated Ending Fund Balance, 12/31/19 $6,369,716 $66 $62,459 $13,389 $76,872 $0 $623,844 $514,642
Budget Reserves
Nonspendable Prepaid Fund Bal & Restr Donations 125,000
Total Restricted Fund Balance 125,000
25.6%
502 503 606 612 625 635 645
POWER AND
COMMUNICATIONS WATER
MEDICAL
INSURANCE FLEET
INFORMATION
TECHNOLOGY
VEHICLE
REPLACEMENT
RISK
MANAGEMENT TOTAL
Revenues, As Amended $50,971,441 $5,767,964 $2,512,443 $503,053 $848,231 $480,898 $283,947 $93,379,435
Expenses, As Amended 49,948,357 9,882,357 2,352,416 502,672 904,374 629,465 283,947 103,740,235
Net 1,023,084 (4,114,393)160,027 381 (56,143)(148,567)0 (10,360,800)
Estimated Beginning Fund Balance, 1/1/19 8,969,681 6,820,619 1,228,803 477,135 276,297 311,372 0 32,970,084
Estimated Ending Fund Balance, 12/31/19 $9,992,765 $2,706,226 $1,388,830 $477,516 $220,154 $162,805 $0 $22,609,284
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TOWN OF ESTES PARK
SUMMARY OF ANTICIPATED REVENUE ADJUSTMENTS
FOR YEAR ENDED 12-31-2019
AS OF Dec 10, 2019
Fund/Dept Fund Name Current Budget Amendment
Budget
As Amended
101 GENERAL FUND 22,031,844 38,001 22,069,845
204 COMMUNITY REINVESTMENT 4,665,494 - 4,665,494
211 CONSERVATION TRUST 32,300 - 32,300
220 LARIMER COUNTY OPEN SPACE 1,167,000 - 1,167,000
236 EMERGENCY RESPONSE 402,089 - 402,089
238 COMMUNITY CENTER 768,392 25,000 793,392
244 TRAILS 1,022,196 - 1,022,196
260 STREET 1,859,142 - 1,859,142
502 POWER AND COMMUNICATIONS 17,409,629 33,561,812 50,971,441
503 WATER 5,767,964 - 5,767,964
606 MEDICAL INSURANCE 2,512,443 - 2,512,443
612 FLEET 503,053 - 503,053
625 INFORMATION TECHNOLOGY 848,231 - 848,231
635 VEHICLE REPLACEMENT 480,898 - 480,898
645 RISK MANAGEMENT 283,947 - 283,947
TOTAL 59,754,622 33,624,813 93,379,435
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TOWN OF ESTES PARK
SUMMARY OF SUPPLEMENTAL APPROPRIATIONS
FOR YEAR ENDED 12-31-2019
AS OF Dec 10, 2019
Fund/Dept Fund Name Current Budget Amendment
Budget As
Amended
101 GENERAL FUND
101-1100 Legislative 308,081 - 308,081
101-1190 Town Attorney 232,541 - 232,541
101-1200 Judicial 80,760 - 80,760
101-1300 Town Administrator's Office 392,647 25,482 418,129
101-1400 Town Clerk's Office 537,713 - 537,713
101-1500 Finance 542,839 - 542,839
101-1600 Com Dev ( Planning)1,263,083 - 1,263,083
101-1700 Facilities 1,518,203 - 1,518,203
101-1800 Employee Benefits 194,180 - 194,180
101-1900 Community Service Grants 1,183,935 24,000 1,207,935
101-2100 Police - Patrol 3,777,591 - 3,777,591
101-2155 Police - Communications 988,816 - 988,816
101-2175 Police - Comm Svcs 371,551 - 371,551
101-2185 Police - Code Enforcement 126,555 (17,500) 109,055
101-2300 Building Safety Divison 673,276 - 673,276
101-2400 Engineering 364,284 - 364,284
101-2600 Visitor Center 604,454 - 604,454
101-3100 Streets 1,312,027 - 1,312,027
101-5200 Parks 1,250,539 - 1,250,539
101-5304 Senior Center 224 - 224
101-5500 Special Events 2,167,063 - 2,167,063
101-5600 Transportation 1,481,610 - 1,481,610
101-5690 Parking Services 260,779 - 260,779
101-5700 Museum 415,363 - 415,363
101-9000 Transfers 4,272,994 - 4,272,994
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TOWN OF ESTES PARK
SUMMARY OF SUPPLEMENTAL APPROPRIATIONS
FOR YEAR ENDED 12-31-2019
AS OF Dec 10, 2019
Fund/Dept Fund Name Current Budget Amendment
Budget As
Amended
101 GENERAL FUND 24,321,108 31,982 24,353,090
204 COMMUNITY REINVESTMENT 6,024,527 - 6,024,527
211 CONSERVATION TRUST 40,446 - 40,446
220 LARIMER COUNTY OPEN SPACE 1,707,087 - 1,707,087
236 EMERGENCY RESPONSE 400,580 4,000 404,580
238 COMMUNITY CENTER 768,392 25,000 793,392
244 TRAILS 1,011,073 - 1,011,073
260 STREET 4,902,452 - 4,902,452
502 POWER AND COMMUNICATIONS 23,717,017 26,231,340 49,948,357
503 WATER 9,882,357 - 9,882,357
606 MEDICAL INSURANCE 2,352,416 - 2,352,416
612 FLEET 486,672 16,000 502,672
625 INFORMATION TECHNOLOGY 904,374 - 904,374
635 VEHICLE REPLACEMENT 629,465 - 629,465
645 RISK MANAGEMENT 283,947 - 283,947
TOTAL ALL FUNDS 77,431,913 26,308,322 103,740,235
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TOWN OF ESTES PARK
SUMMARY OF P&C BOND SALE
FOR YEAR ENDED 12-31-2019
AS OF Dec 10, 2019
Previously
Budgeted Amendment Final Budget
Bond Sale Proceeds
502-0000-388.40-00 REVENUE BOND PROCEEDS - 30,030,000 30,030,000
502-0000-388.80-00 BOND PREMIUMS (DISCOUNT)- 3,531,812 3,531,812
Total Bond Proceeds - 33,561,812 33,561,812
Appropriations
502-6700-470.29-67 BOND ISSUE COST - 300,971 300,971
502-6700-470.41-01 PRINCIPAL ON BONDS - 3,030,000 3,030,000 Retire 2007 Issue
502-6700-470.41-02 INTEREST ON BONDS - 9,784 9,784 Retire 2007 Issue
502-7001-580.32-21 NEW BUILDINGS 1,250,000 - 1,250,000
502-7001-580.35-66 FIBER OPTIC INSTALL 1,859,415 22,890,585 24,750,000
Total Appropriations 3,109,415 26,231,340 29,340,755
NA WORKING CAPITAL 1,400,000
NA CAPITALIZED INTEREST 2,821,057
Total Bond Proceeds 33,561,812
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TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Travis Machalek, Town Administrator
Greg Muhonen, PE, Public Works Director
Brian Berg, Parks Maintenance Supervisor
Date: December 10, 2019
RE: Resolution 46-19 Supporting the Grant Application for a Local Parks and
Outdoor Recreation Grant from the State Board of the Great Outdoors
Colorado Trust Fund and the Completion of the Thumb Open Space
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Board consideration of resolution of support for the Great Outdoors Colorado (GOCO)
grant application for the Thumb Open Space.
Present Situation:
The proposed Thumb Open Space consists of five parcels totaling roughly 65 acres on
the south side of Prospect Mountain. The property is undeveloped and four existing
conservation easements limit development to one residence and associated structures.
Limited public access is currently available via a ½-mile platted trail on the westernmost
parcel. Hiking and climbing have occurred on the property since at least the 1940s.
Public access to the Thumb and the Needle has been allowed in the past, but is
currently prohibited.
Proposal:
The proposed open space is envisioned as a primitive day-use park owned by the Town
of Estes Park. Existing easements on the property would be amended and consolidated
to remove the remaining development right and allow for the implementation of the
proposal. If the project moves forward, a management plan will need to be established
through a community-wide process to guide use of the property.
More specific details about the project are contained in the attached proposal and
presentation.
The Town has submitted a GOCO grant application for $350,000 to support the Thumb
Open Space land acquisition. GOCO requires a resolution of support along with this
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grant application. As the grant deadline did not line up with the Town’s budget deadline,
GOCO agreed to allow submittal prior to final budget adoption. If the Town Board does
not wish to proceed with the project, staff will contact GOCO to withdraw the application
prior to the start of their review process.
Advantages:
Establishes a unique open space amenity in the center of Estes Park and creates
and ensures public access to the Thumb and the Needle.
Active management and enforcement by the Town as guided by a Management
Plan developed with the community.
Town ownership elevates Town sensitivity and response to parking operations and
safety associated with this property.
Town ownership of the land and renegotiation of the Conservation Easement could
allow removal of existing building rights to better preserve the undisturbed natural
state of the property.
Town ownership and renegotiated terms of the Conservation Easement could allow
addition of properly designed public trails to the Thumb and Needle to enhance the
recreation experience and improve access to a public amenity from adjacent private
properties.
Town management of the trails would facilitate improvements to the current trail to
enhance erosion control and discourage off-trail use.
A collaboratively assembled Management Plan presents an opportunity to
strengthen the trust and communication between public and private stakeholders
and they work together to protect and enjoy a community asset.
Disadvantages:
Expanded use of the site has the potential to increase traffic volumes and parking
violations on nearby neighborhood streets.
Increase in off-trail usage could create rockfall danger for homes below the property.
Expanded use of the site could increase the risk of trespass onto neighboring private
properties.
Public ownership increases taxpayer burden for enforcement of rules and
regulations as well as for maintenance of the trails, parking area, and noxious weeds
on this property. It is difficult to predict the amount of ongoing expenditures that will
be required to maintain the property.
Expanded public access/use/exposure may increase the use of the property
significantly, compounding concerns about rockfall from off-trail use, trespassing,
wildlife impacts, and overuse.
The Management Plan could identify necessary project components that would
require unanticipated expenditures.
Action Recommended:
Staff recommends approval of the Resolution.
Finance/Resource Impact:
The anticipated costs of this acquisition and ongoing ownership are summarized in the
attached Proposal. The Town contribution to the land acquisition is proposed to be paid
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with Larimer County Open Lands funds ($171,700.00) and state lottery Conservation
Trust Funds ($70,000).
Additionally, existing General Fund resources (approximately $6,900 from Streets and
Parks Division operations) would be used for initial trailhead improvements.
Costs for a consultant-led management plan, parking lot enhancements, bathroom,
signage, and other items that may be identified in a future management plan are not
included and would need to be identified and budgeted in the future.
Initial ongoing maintenance expenses for the property are estimated at $9,800 annually
(based on current assumptions). There will be unanticipated costs associated with the
operation of this open space, and they will need be addressed in the annual budgeting
process. The terms of a future management plan may require additional funding from
the Town.
Level of Public Interest
The level of interest from the neighboring property owners is high while the known
public interest from the broader community is moderate.
Sample Motion:
I move for the approval/denial of this Resolution.
Attachments:
•Resolution of Support
•Link to Thumb Open Space Proposal
•Link to presentation slides from December 3, 2019 Community Meeting
•Link to full Public Comment Record (including notes from November 13, 2019
Neighborhood Meeting)
•Video recordings of Neighborhood Meeting and Community Meeting available at
estes.org/videos
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RESOLUTION 46-19
A RESOLUTION SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS
AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND AND THE COMPLETION OF THE THUMB
OPEN SPACE
WHEREAS the Town Board of the Town of Estes Park, Colorado supports the
Great Outdoors Colorado grant application for the Thumb Open Space. And if the grant
is awarded, the Town Board supports the completion of the project; and
WHEREAS the Town of Estes Park has requested $350,000 from Great Outdoors
Colorado to acquire the Thumb Open Space.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK:
1. The Town Board of the Town of Estes Park strongly supports the application
and has reserved matching funds in the 2020 budget for a grant with Great
Outdoors Colorado. These matching funds will be appropriated for expenditure
if the grant is awarded.
2. If the grant is awarded, the Town Board of the Town of Estes Park strongly
supports the completion of the project.
3. The Town Board of the Town of Estes Park will authorize the expenditure of
funds necessary to meet the terms and obligations of any Grant awarded.
4. The Estes Valley Land Trust has negotiated a sale from the current owner to
the Town of Estes Park and the site will be owned by the Town of Estes Park.
5. The Town Board of the Town of Estes Park recognizes that as the recipient of
a Great Outdoors Colorado Local Government grant the project site must
provide reasonable public access.
6. The Town Board of the Town of Estes Park will ensure the maintenance of the
Thumb Open Space in a high-quality condition and will appropriate funds for
maintenance in its annual budget.
7. If the grant is awarded, the Town Board will authorize the Mayor to sign the
grant agreement with Great Outdoors Colorado.
8. This resolution is in full force and effect from and after its passage and approval.
9. All the Town’s financial obligations under any grant awarded are contingent
upon appropriation, budgeting, and availability of specific funds to discharge
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those obligations. Nothing in this resolution or any grant awarded constitutes a
debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the
Town’s credit, or a payment guarantee by the Town. The Town Administrator
or designee is authorized to execute all documents necessary to submit said
grant application.
DATED this ____ day of ___________________________ 2019.
TOWN OF ESTES PARK
_____________________________________
Mayor
ATTEST:
________________________________
Town Clerk
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1
Thumb Open Space Proposal
November 6, 2019
Town of Estes Park
Estes Valley Land Trust
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2
Table of Contents
1.Purpose 3
2.Recreation History and Current Use 3
3.Thumb Open Space Vision 4
4.Hiking 4
i.Existing Trail 4
ii.Future Trails 5
5.Climbing 5
i.Existing Climbing 5
ii.Staging Areas 6
iii.Future Climbing 6
6.Youth Programming and Use 6
7.Other Human-Powered Uses 7
8.Access 7
i.Pedestrian and Bicycle Access 7
ii.Motorized Access and Trailheads 8
iii.Gates 9
iv.Enforcement 9
9.Insurance and Liability 10
10.Commercial Uses 10
11.Promotion and Advertising 10
12.Anticipated Costs 11
Appendix
1.Map of property with trail, trailhead, gate, Thumb and Needle.13
2.Photos of recreation uses, open space and trailhead 14
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1 Purpose
The Town of Estes Park is considering the purchase of parcels to ensure public access to “The
Thumb and Needle,” two prominent rock spires on Prospect Mountain that have been used by
climbers for half a century. Access to the Thumb and Needle currently occurs at the discretion
of the current landowner. This access could be lost with the sale of the property to a new
owner. If it proceeds, the Town’s purchase would include a n amended conservation easement
by the Estes Valley Land Trust.
The Thumb Open Space Proposal is designed to provide a framework for a future management
plan that balances natural resource protection, quality of life, and outdoor recreation. This
proposal identifies the vision and management concepts that have been discussed to date , and
are subject to revision based on the public process. All contents of this proposal are meant to
serve as a starting point for discussions with neighbors, elected officials and community
stakeholders.
This proposal is not a management plan. If the property is acquired, a community-wide steering
committee of subject experts related to recreation and natural resource protection, and other
stakeholders, will be formed to lead the management planning process. The management plan
process will include many opportunities for public input. This process will likely take 12-18
months to complete and typically occurs after land acquisition.
2 Recreation History and Current Use
The historical use of the property is based on conversations with climbers and hikers that have
accessed the property for decades. Tom Hornbein, a world-renowned Mountaineer and local
resident, began climbing the Thumb as early as the 1940s.
Tommy Caldwell, a professional climber and local resident, climbed the Thumb as a child many
times, under the impression the area was public land.
Today, steel bolts and chains, used to protect
climbers ascending the rock and for rappelling
down the rock, can be seen on the Thumb and
Needle. Rock climbing guides published in the
early 2000s highlight more than a dozen climbing
routes on the Thumb and Needle and online
guides list more than 30 routes on these features.
Local climbing guides have used the rocks to introdu ce families, youth and veterans to climbing.
Neighbors have confirmed that the Thumb and Needle are still used today and climbers can be
seen on the summit.
The history of hiking the Thumb Open Space is more difficult to document. The trail from Peak
View Drive is well established, but since there are no built features, it is difficult to date. As the
Based on neighbor feedback and
observed parking along Peak View
Drive, hiking currently occurs at
the Thumb Open Space on a daily
basis.
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trail continues near the northern boundary, it appears to be “built” with small rocks forming
short retaining walls.
Based on feedback from locals, hiking the Thumb Open Space has occurred at least since the
1980s, but may go back even earlier. If locals were climbing in the area in the 1940s, it is likely
they were also hiking the area around the same time.
Today, neighbors access the property on foot, and may hike the trail or Curry Drive, the public
road along the eastern boundary. Neighbors also see cars parked along Peak View Drive on a
daily basis, where the trail commences. Since there are no trail counters installed on the trail or
a trailhead monitoring program, there is no estimate for current trail use.
3 Thumb Open Space Vision
A town-owned 65-acre open space, much like
Centennial Open Space at Knoll-Willows, that
continues to support hiking, climbing, bouldering,
environmental education and wildlife watching. The
Thumb Open Space will be a primitive, day-use park.
4 Hiking
Hiking is likely the most popular outdoor recreation activity in Estes Park and the most popular
activity at the Thumb Open Space. The Thumb Open Space will permit hiking on designated trails.
4.1 Existing Trails
There are currently two trails on the property. A 0.5 -mile platted trail starts at Peak View Drive
at the proposed trailhead, on a property owned by the Town of Estes Park. The platted trail
crosses through a private lot and enters the proposed property. From there it gains
approximately 500 feet in elevation to the property boundary.
The trail continues past the proposed property for another approximately 0.35 miles to the top
of Prospect Mountain. The trail is not platted north of the Thumb Open Space.
Hikers also use Curry Drive as a hiking trail. The lower
0.6- miles of this road leads to the proposed Thumb
Open Space northern boundary, and approximately 0.25
miles is paved. A gate located at the northern property
boundary restricts vehicular access to the neighboring
property.
From Curry Drive, a steep hiking trail leads to the Thumb
and Needles and trails around the Thumb and Needle provide climbing access.
The vision for the Thumb Open
Space is a primitive, day-use park,
much like the Town of Estes Park’s
Centennial Open Space at Knoll
Willows.
Two hiking trails currently exist on
the proposed Thumb Open Space.
The 0.5-mile trail from Peak View
Drive is platted and receives the
most use.
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Existing trails need to be evaluated for long-term sustainability. Sections that have, or are likely
to be washed out, eroded or entrenched should be redesigned, repaired or relocated. The
management plan should identify the location of trails that will be retained, improved, relocated
or closed and restored.
4.2 Future Trails
Social trails, or trails that are not part of a managed trail
system, should be closed to allow for restoration and to
improve habitat.
Additional trails will be considered to improve the
visitor experience, better access the Thumb and
Needle, to replace trails that were poorly designed and
damage the environment, or to avoid sensitive areas.
Any new trails will be designed to meet hiking trail
standards, will be limited to three feet in width and
composed of natural surfaces.
Critical wildlife habitat, including any raptor nesting
areas, will be identified and trails will be built or closed
to avoid these areas. Any new trails will also be set back
from neighboring property boundaries, to avoid
trespass and other conflicts.
5 Climbing
Climbing is a popular activity at the proposed Thumb Open Space. Thumb Open Space will permit
bouldering and roped climbing, on designated crags. The Town will neither install nor maintain
climbing routes and climbers will be participating at their own risk.
5.1 Existing Climbing
Bouldering, or climbing on large boulders, without ropes or other gear attached to rock to
prevent injury or assist with the climb, occurs on the property. Bouldering often involves a crash
pad, or dense pad, almost like a mattress, that the climber places under the route, in case of a
fall. Crash pads are lightweight, designed with backpack straps, and are carried t o and from the
site by the climber.
There are currently 18 bouldering “problems”, or routes, at the proposed Thumb Open Space,
based upon Mountain Project, an online climbing guide.
Any new trails will be designed to
meet hiking trail standards, will be
limited to three feet in width and
composed of natural surfaces.
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Free climbing, or climbing larger rocks, without using equipment to aid in the upward movement,
also occurs at the proposed Thumb Open Space. Free climbing can be divided into sport climbing,
which involves attaching quickdraws (carabiners and webbing) to a bolt on the rock and then
through the rope and traditional climbing, which involves placing small pieces of removable steel
or removable camming devices into the rock cracks and attaching a quickdraw and rope.
Based on Mountain Project, there are over 30 free climbing routes on the proposed Thumb Open
Space. Some of these routes are designed for beginner climbers and others are designed for
advanced climbers.
5.2 Staging Areas
Staging areas are generally improved flat rocky or bare ground areas beneath free climbing routes
or boulder problems. Staging areas provide a safe surface while belaying or watching climbers
and limit impacts from people standing or sitting while others climb.
Staging areas could be improved at the base of the most popular climbing and bouldering routes
to improve the visitor experience and protect natural resources.
5.3 Future Climbing
Existing climbing routes that are not safe, are poorly laid out, do not provide a good climbing
experience, or harm natural resources may be closed and all fixed hardware removed.
Future climbing routes, fixed gear (such as rappel anchors) and bouldering areas will be
considered to improve the visitor experience, to replace routes or gear that was poorly designed
or in need of replacement, or to avoid sensitive areas. The Town will neither install nor maintain
any climbing routes, so a framework for climbing-route establishment and maintenance will need
to be established.
Critical wildlife habitat, including any raptor nesting areas, will be identified and routes will be
established to avoid these areas. Any new free climbing or bouldering areas will be set back
from neighboring property boundaries, to avoid trespass and other conflicts.
An evaluation and mapping of all existing bouldering and free climbing areas should be
conducted as part of the management planning process. Any new climbing areas should also be
evaluated before the management plan is completed.
6 Youth Programming and Use
Research shows that spending time in nature is essential for brain development, creativity and
imagination. It also confirms that kids that interact regularly in the out -of-doors are more
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mentally acute, physically healthy, socially adept, and more likely to maintain a positive
disposition toward the environment and natural resources later in life.
Youth programming such as guided hikes and climbs could be scheduled through the Estes
Valley School District, local after school programs, the Estes Valley Recreation and Park District,
or other partners.
Teachers, parents and kids should participate in the
management planning process to ensure the Thumb
Open Space can serve the youth of our community.
7 Other Human-Powered Uses
Motorized uses, such as ATVs, will be prohibited, because of the small size steep topography of
the proposed Thumb Open Space, the noise and land disturbance that motorized use s create
and the limits on trailhead for trailer parking.
Overnight camping will be prohibited, because of the
risk from fire, impacts to the land and potential for
trash. Administering a camping permit system is also
infeasible for the Town of Estes Park.
Horseback riding will likely be prohibited, due to the short trail system and lack of trailer
parking. Hunting will be prohibited for safety.
Human-Powered uses such as cross-country skiing, mountain biking, dog walking and trail
running will be considered during the management planning process. Criteria such as
compatibility with hiking and climbing uses, impacts to the land and consistency with the vision
of the Thumb Open Space will help determine if additional non-motorized uses will be
permitted.
8 Access
Access through the proposed Thumb Open Space will be limited to designated trails, bouldering
areas and climbing routes. Focusing access onto improved trails protects natural resources and
sensitive environmental areas and improves the visitor experience by providing trails that are
safer and more enjoyable.
8.1 Pedestrian and Bicycle Access
Bicycle access is provided via public roads and pedestrian access may be available via rights-of-
way and through neighboring Bureau of Reclamation properties.
Research shows that kids that
spend time in nature are more
physically, mentally and
emotionally healthy.
Motorized uses, such as ATVs, will
be prohibited.
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During the development of the management plan, a limited number of neighborhood access
points may be considered to ensure neighbors can easily access the property. Neighborhood
access points will be restricted to protect natural resources and sensitive areas, prevent
trespass and reduce annual operation costs with maintaining neighborhood access points.
8.2 Motorized Access and Trailheads
Motorized access to the proposed Thumb Open Space currently occurs at two locations.
Trailhead Area 1:
Area consists of property owned by the Town of Estes Park and the Bureau of Reclamation. The
Town’s Water Division recently acquired a 0.25-acre parcel as part of its acquisition of the
Prospect Mountain Water Company. This parcel is currently used for parking for the platted
trail that goes through the proposed Thumb Open Space. In addition to the gravel parking area,
the property contains trees, boulders and a small wooden structure that serves the former
Prospect Mountain Water Company. The Town’s Water Division is investigating changing the
existing building.
There is potential to park approximately 6 to 8 cars on Town property only. The parcel will need
added material and grading to enhance the parking area and 6-10 trees will also have to be
removed. Additional trees and other landscaping elements could be installed to improve the
parking area.
The Bureau of Reclamation owns the land adjacent and west of the Town property. The Bureau
of Reclamation property is also currently being used for parking. Based on the evidence of
parking, about 8-12 cars have historically parked on the Town and Bureau of Reclamation
properties. If these additional spots are desired, an agreement would be required with the
Bureau of Reclamation.
As part of the future management plan, the parking layout and driveway access geometry will
be detailed on a proposed site plan for Trailhead Area 1.
A kiosk with trail rules, a site map, leave no trace principles, and a monument sign to identify
the trailhead from Peak View Drive, could be installed to formalize this trailhead and better
serve the public.
The proposed Thumb Open Space could be a leave
no trace open space and no trash cans would be
provided. If dog walking is permitted, a dog bag
dispenser and a trash can could be provided.
Motorized access could be limited
to Trailhead Area 1.
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Trailhead Area 2:
The area that is being used to access the northeastern portion of the property is within the
proposed Thumb Open Space. This area is popular with the climbing community as it provides
the most direct access to the Thumb and Needle.
An underground water tank located in this area has been decommissioned and based on input
from the Town of Estes Park’s Water Division, there are no plans to repurpose the tank.
About 2-3 cars can park in this location now, without blocking the road and gate to the towers
on top of Prospect Mountain. The abandoned tank could be removed and the site could
accommodate approximately 15 cars. The gravel portion of Curry Drive would need to be
graded with approximately $5,000 to $10,000 in added materials. The cost of tank removal is
unknown at this time.
Due to the additional construction and maintenance costs and based on concerns from some
neighbors about traffic on Curry Drive, the motorized access could be limited to Area 1.
8.3 Gates
A single gate across Curry Drive, near Trailhead Area 2, prevents motorized access to the top of
Prospect Mountain. If motorized access to the proposed Thumb Open Space is limited to
Trailhead Area 1, another gate can be added where the Curry Drive pavement ends, thus
preventing motorized access to Trailhead Area 2.
Alternatively, the current gate could be relocated to where the Curry Drive pavement ends. This
will prevent undesired travel up the unmaintained road, end the illegal dumping that has
plagued the area over the years and potentially stop the illegal camping and fires. Access
agreements and maintenance responsibilities of Curry Drive need to be confirmed to better
understand the consequences of installing or moving any gates.
8.4 Enforcement
The proposed Thumb Open Space is within Town limits and is patrolled by the Town’s Police
Department. Peak View Drive is owned and maintained by the Town east of the Water
Division’s pump house parcel. Larimer County owns and maintains the remainder of Peak View
Drive westward to Mary’s Lake Road. The Town also owns and maintains Curry Drive from Peak
View Drive to the end of the pavement. Curry Drive and Peak View Drive are both too narrow to
accommodate parking along the roads without blocking the traffic lanes. The Estes Park
Municipal Code prohibits parking on paved roadways except where sufficient width and
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markings are provided. If necessary, “No Parking” signs could be installed to discourage parking
and assist law enforcement with traffic control.
The management plan will establish rules and regulations for the permitted uses within the
Thumb Open Space. Enforcement of these rules can be accomplished with a multi -phase
approach of education and patrols. The Town of Estes Park Police Department is committed to
ensuring proper use of any Town property through education and enforcement.
9 Insurance and Liability
The Town maintains property and casualty insurance that covers all Town premises and
operations through the Colorado Intergovernmental Risk Sharing Agency (CIRSA). The Town has
reviewed with CIRSA the potential addition of the Thumb Open Space, including the trails and
climbing features, and there are no concerns with coverage. Town casualty insurance would
cover any losses on the site for which the Town is found to be legally liable.
10 Commercial Uses
The Estes Valley Land Trust’s conservation easements currently prohibit commercial uses on
properties that compose the proposed Thumb Open Space. Commercial uses that harm the
land, interfere with the public recreation or educational use of the property, or are inconsistent
with the vision for this property will be prohibited.
Commercial uses related to hiking, climbing or other
permitted non-motorized uses of the proposed Thumb
Open Space could be considered. These uses may
include climbing instruction or guiding. The Thumb has
been used for teaching kids climbing techniques or
providing climbing opportunities for visitors and locals,
who do not have proper equipment or technique
needed to climb safely.
During the management planning process, a concessionaire agreement may be considered that
limits the number of vehicles and paid climbers that can access the proposed Thumb Open
Space.
11 Promotion and Advertising
The Thumb Open Space would be a great addition to the portfolio of parks and open spaces
offered by the Town of Estes Park. However, with its limited size, the visitor experience and
natural resources could be spoiled by over use.
Commercial uses that harm the
land, interfere with public
recreation or educational use of
the property, or are inconsistent
with the vision for this property
will be prohibited.
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A simple principle that could guide the promotion of
the Thumb Open Space, is that it primarily serves as a
local park. Therefore, the Thumb Open Space will be
listed on the Town’s website among other town-
maintained parks, and local promotion will be limited.
This would prevent the Thumb Open Space from being
actively promoted by the Estes Park Visitor Center or
Visit Estes Park.
Out-of-town hiking and climbing guidebooks and websites may continue to promote the Thumb
Open Space as a climbing destination, but based on the size of the area, it is unlikely it wi ll be a
regional or statewide destination.
Similarly, the Thumb Open Space is not likely to be a regional or statewide hiking destination
because of its small size, compared to other well-known and longer trails in the region.
The management plan could include guidelines related to how the property will be publicized
so that the Estes Park community is aware of this hiking and climbing destination, but the
primitive visitor experience is limited and natural resources are protected.
12 Anticipated Costs
The cost to the Estes community for the Thumb Open Space project can be divided into two
general categories: one-time acquisition costs and ongoing operational costs. The Estes Valley
Land Trust has negotiated a bargain sale from the owner who has discounted the property from
$820,000 to $600,000. This is $220,000 below fair market value.
The total upfront project cost is $699,186 which includes land acquisition, amending the
conservation easement to prohibit residential development and allow trail improvements, and
improving the trailhead and trails.
The Estes Valley Land Trust and Access Fund have committed $65,000 in cash towards this
project. The land trust, Access Fund and Rocky Mountain Conservancy have committed $35,586
in in-kind services towards this project.
The Land Trust is asking the Town to contribute $241,700 cash and $6,900 in in-kind services
toward to startup of this project. The remainder of the funds would be secured through a GOCO
grant, authored by the Estes Valley Land Trust and submitted by the Town.
A simple principle that could guide
the promotion of the Thumb Open
Space, is that it primarily serves as
a local park.
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Simple Financial Breakdown
GOCO $350,000
Town of Estes Park $241,700
Access Fund (Committed) $50,000
Estes Valley Land Trust (Committed) $15,000
Total Cash $656,700
Access Fund In-kind (Committed) $7,500
Rocky Mountain Conservancy In-kind (Committed) $27,636
Estes Valley Land Trust (Committed) $450
Town of Estes Park In-kind (Trailhead Improvements) $6,900
Total In-kind $42,486
Project Total $699,186*
*The development of a management plan by a consultant could cost up to an additional
$30,000 if this work is not done in house.
After the initial purchase and improvement to the project site, ongoing operation and
maintenance effort is required. The Town’s Public Works Parks Division will absorb the yearly
maintenance costs estimated to range from $3,300.00 to $5,300.00 depending on usage and
weather impacts. This includes two weekly trash walks during the summer seasons and
trail/parking lot maintenance when needed.
The Town’s noxious weed contractor anticipates an annual cost of about $4,500.00 in each of
the first three years to get the weeds under control. In the following years, an average annual
cost of $1,000.00 to $2,000.00 is estimated to maintain compliance with the Town’s noxious
weed standards. The rugged terrain and natural trail design elevate the weed control costs, as
manual application with backpack sprayers is expected, as opposed to UTV or ATV mounted
sprayers.
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APPENDIX I – SITE MAP
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APPENDIX II – PHOTOS
Kids climbing at the Thumb.
A family enjoying a day at the Thumb.
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Views of the Continental Divide from the proposed Thumb Open Space.
Trailhead Area 1, off Peak View Drive.
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1
Thumb Open Space
Proposal
Community
Meeting
Photo by James Frank
Project Site –
Current State
•65 Total Acres
•Property is open and
undeveloped
•5 Parcels
•Existing ½‐mile of trail
•Two trailheads
•Four existing conservation
easements limiting development
to one residence and associated
structures
1
2
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Purpose and Vision
•Purpose:Enhance conservation by protecting
historic trails and climbing, repairing trails and
climbing areas to improve the visitor
experience and reduce off‐trail use, and
prohibit the development of a residential
structure.
•Vision:A primitive day‐use park, much like the
Town’s Centennial Open Space at Knoll‐
Willows.
•Proposal:Public purchase of 65 acres by the
Town of Estes Park, amendment of the
conservation easements by the Estes Valley
Land Trust, trailhead improvements by the
Town of Estes Park, and trail improvements by
the Access Fund and Rocky Mountain
Conservancy
Proposed
Project Partners
•Great Outdoors Colorado
•Town of Estes Park
•Estes Valley Land Trust
•Access Fund
•Rocky Mountain Conservancy
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Recreation Use
History
•Known use of area for
hiking/climbing goes back to
1940s
•Access to Thumb and Needle has
occurred in the past, prohibited at
the moment
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Hiking/Wildlife Watching
Existing Trail:
•0.5 miles of platted trail
•Estimated mile of social trail
Future Trail Considerations:
•Off‐trail use prohibited
•Potential loop trail
•Any new trails would meet
standards, be 3‐feet in width and
natural surface
•Any new trails would be wildlife
friendly
Climbing
Existing:
•Bouldering –18 routes
•Free climbing –over 30 routes
Future Climbing:
•Stabilizing areas below routes to
improve safety and prevent erosion
•Any new routes would be wildlife
friendly
•The Town would neither set nor
maintain routes
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Youth Programming
Existing:
•None, to our knowledge
Future Trails:
•Potential to partner with School or
Recreation and Park Districts
•Climbing, outdoor education and ethics
Historic:
•Previous use for climbing instruction
Other Uses
Considered in Management Plan:
•Dog walking
•Cross‐country skiing
•Trail running
•Mountain biking
Prohibited:
•Motorized uses, such as ATVs
•Hunting/shooting
•Overnight camping
•Horseback riding
•Others
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Neighbor Concerns
Neighbor Concerns
‐
Increased Usage
•Concern that public ownership of
property and marketing of site will
dramatically increase use
•Increased use could magnify the
existing issues on the property
•Rockfall
•Trespassing
•Wildlife impacts
•Overuse
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Neighbor Concerns
‐
Parking and Traffic
•Limited Parking off of Peak View
•Concern that if parking fills up,
people will park along Peak View
and/or Curry
•Concern about traffic impact of any
trailhead at end of Curry
Neighbor Concerns
‐
Rockfall
•Steep grade behind Curry homes
•Many rock formations and
boulders
•Concern that off‐trail use could
dislodge boulders and damage
downhill homes
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Neighbor Concerns
‐
Trespassing
•Have been instances of trespassing
in Curry backyards
•Concerns that increased use will
increase trespassing
•Illegal camping is also a concern
Neighbor Concerns
‐
Lack of Management Plan
•Concerns about Town purchasing
land before having Management
Plan in place
•Lack of Management Plan details
means that full costs/impacts
cannot be known
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Proposal
Management Plan
•Proposal is conceptual
•Details traditionally addressed through a Management Plan
•Management Plan created through a community‐wide process
•Ambiguity and unknowns do exist when purchasing open space
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Access to Proposed Thumb Open Space
Considerations:
•Bicycle and pedestrian access
via public roads and rights‐of‐
way.
•Could consider two trailheads
or limit to one trailhead (Peak
View).
•Enforcement of parking rules
and regulations.
Why:
•Encourage people to access
without driving.
•Combined trailheads at Peak
View Drive location reduces
costs and traffic volume on
Curry Drive.
Gates
Considerations:
•Single gate at northern end of
property boundary and Curry
Drive.
•Could move gate down Curry
Drive, to end of pavement with
agreement of gate owner.
Why:
•Limits access to towers on top
of neighboring parcel.
•Prevent public motorized
access via Curry Drive.
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Enforcement
Considerations:
•Management plan will
establish rules and regulations,
enforcement will include multi‐
phase approach of education
and patrols.
•The Police Department is
committed to ensuring proper
use of any Town property.
Why:
•Clearly listing rules at the
trailhead reduces unlawful
activity.
•Town of Estes Park Police
Department has enforcement
authority and uses a variety of
approaches to enforce laws.
Easements
Considerations:
•Amendment and restatement
of easements would need to
allow:
•Topographical changes for
trail work
•Signage (if desired)
•Commercial use (if desired)
Why:
•Enable extension of existing
trail to Thumb and Needle
•Sign the Open Space (if
desired)
•Permit managed commercial
use (if desired)
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Insurance and Liability
Considerations:
•Colorado Intergovernmental Risk
Sharing Agency (CIRSA) provides
liability and casualty coverage for
Town premises and operations.
•State law provides protection for the
Town from liability claims related to
injuries from the recreational use of
land open to the public.
•Damage to a neighboring property by
a third‐party would likely not be
covered by CIRSA.
Why:
•Coverage for Town premises and
operations is important in mitigating
risk to the taxpayer of large property
and/or casualty claims.
•The Town actively manages its
property to mitigate risks to
neighboring property owners.
Commercial Uses
Considerations:
•Conservation easements currently
prohibit commercial uses.
•Historically, guiding companies have
used the Thumb to allow the public
to climb.
•Conservation easements could be
amended to allow commercial uses
that do not harm the conservation
values.
Why:
•Avoids activities that harm land.
•The Thumb is easily accessed,
provides a summit experience and a
fun place to learn to climb.
•Limited access by climbing guides,
such as number of vehicles or
climbers, may provide safe access
without harming conservation
values.
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Promotion and Advertising
Considerations:
•Make the community aware of
the hiking and climbing
opportunities at the Thumb
Open Space.
•Limit access by size of parking
lot and enforcement.
•Management Plan will identify
the appropriate level and types
of promotion.
Why:
•The property is small, without
limits on access, there is a risk
that promotion could lead to
overuse and damage the
environment.
•Strategic promotion, or lack
thereof, can be detailed in a
Management Plan.
Anticipated Costs
Acquisition and Improvements
GOCO $350,000
Town of Estes Park $241,700
Access Fund $50,000
Estes Valley Land Trust $15,000
Total Cash $656,700
Acquisition Improvements
Town of Estes Park1 $6,900
Access Fund $7,500
Rocky Mountain Cons. $27,636
Estes Valley Land Trust $450
Total In‐Kind $42,486
1 Trailhead improvements
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Anticipated Costs
Annual Maintenance and Management Plan
Weed Control1 $4,500
Maintenance Costs2 $5,300
Total Cost $9,800
Annual Maintenance
Management Plan
A Management Plan, if completed by a consultant and not in‐house, could cost
up to $30,000.
1 Parks Division estimates annual costs of $4,500 per year for weed control for the first three years, dropping to
$2,000 in subsequent years.
2Includes hours for twice‐weekly trash walks during summer season and trail/parking lot maintenance when
needed.
Potential Future Costs
Bathroom at Rebuilt Pump House $40,000
Potential Road Maintenance (Curry) $TBD
Bear‐Resistant Trash Can $800
Dog‐Waste Bag Dispenser $200
Total Cost $41,000
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Summary ‐Benefits
•Creates and ensures public access to Thumb and Needle
•Establishes a unique open space amenity in the center of
Estes Park
•Provides for active management of property
Summary ‐Risks
•Uncertain usage profile
•Unanticipated costs could arise from outcome of
Management Plan
•Unanticipated impacts
•Will be a change for neighbors
29
30
89
12/4/2019
16
Public Comment
Next Steps
31
32
90
Prospect Highlands Homeowners Association
201 Curry Drive
Estes Park, Colorado 80517
April 29, 2019
Estes Valley land Trust
Estes Valley Recreation and Park District
Town of Estes Park
Family of Jerry Solomon
The homeowners on Curry Drive in Estes Park, Colorado, recently became aware that the Estes Valley land Trust is
working with the Solomon family to sell the approximately 65 acres that are in three conservation easements located
adjacent to and directly behind the residents on Curry Drive.
On March 6, 2019, several of the residents on Curry Drive met with the executive director and two representatives of
the land Trust who gave their overview of why they believe changing the existing restdctions to the conservation
easements woufd preserve the area more effectively than it is currently. The rationale given by the Land Trust was that
a single family residence on a 32.9-acre parcel (Lot 13, Prospect Highlands Subdivision, a portion of Tract A) would
disturb the wifdlife and surrounding area. It appears the idea of selling the 65 acres was to prevent constructi on of a
home currently allowed on Lot 13 and to open it up to the public for hiking and climbing. This contradicts the true
mission of the land Trust and conservation easement. Numerous questions were asked by Curry Drive residents (i.e.,
increased traffic, trash removal, parking, policing, trespassing on private property, bathroom facilities, road
maintenance) that went unanswered.
The Deeds of Conservation Easements on the parcels and the covenants for the homes on Curry Drive were reviewed by
several of the residents on Curry Drive. After reading the various legal documents with these parcels, we have observed
(some do not apply to the one building allowed on the one parcel):
•No topographical changes; no excavat ion. That would include no trails built.
•No commercial signs, only no trespass ing signs. That would include no trail signs, parking signs, or restroom
signs.
•The property owner is responsible for liability insurance. With public access, where does the liability lie?
•No right of access by the general public with the exception of the Historic Trail that crosses Lot 13.
•No retail or commercial use. This infers no paid hikes or climbs are allowed.
•No motorized vehicles.
While it is unclear who the actual future owner might be of all the parcels, the implication from the Land Trust is the
conservation easements would somehow be improved by allowing public access. Based upon the documents we
reviewed, there are no improvements allowed except for the one home and outbuildings on two designated acres on
lot 13.
As taxpayers to the Estes Valley Recreation and Park District and the Town of Estes Park, we don't believe the District or
Town should be investing the asking price of approximatefy $800,000 or maintaining addit ional properties which
generate no income with minimal usage. These parcels are already in the Land Trust. We believe land Trusts are
perpetual and generally not changeable. Changing the easements, including the parcel with the thumb and needle, to
allow public access does not seem to preserve and enhance the origina l intent of conservation.
Respectfully,
Alan Fraundorf, President
Rick Brisbin, Vice-President
Teri Babcock,Secretary
91
11/14/2019 Town of Estes Park Mail - Fwd: Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650214412236750914&simpl=msg-f%3A16502144122…1/2
Eli Wilson <eliwilson@estes.org>
Fwd: Thumb Open Space
1 message
Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2019 at 2:31 PM
To: Eli Wilson <eliwilson@estes.org>
Travis Machalek
Town Administrator
Town of Estes Park, CO
970-577-3705
---------- Forwarded message ---------
From: Town Clerk <TownClerk@estes.org>
Date: Thu, Nov 14, 2019 at 9:25 AM
Subject: Fwd: Thumb Open Space
To: Trustees <trustees@estes.org>, Travis Machalek <TMACHALEK@estes.org>
Hello All,
Please see the forwarded public comment received by the Clerk's Office.
Thank you,
Kimberly
Town Clerk's Office
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4777 (p)
970-577-4770 (f)
townclerk@estes.org
---------- Forwarded message ---------
From: Todd Plummer <>
Date: Fri, Nov 8, 2019 at 8:16 AM
Subject: Thumb Open Space
To: <townclerk@estes.org>
RE: Thumb Open Space acquisition
Dear Mayor and Trustees:
I am writing on behalf of the Estes Park Cycling Coalition.
For a number of months, the Estes Park Cycling Coalition has been aware of and involved in the discussions about
the possible public acquisition of the Thumb and Needles area of Prospect Mountain.
Although the cycling opportunities on the south side of Prospect Mountain are limited due to the steep slopes, the
Cycling Coalition Board is strongly in favor of the Public Acquisition of this property for future public recreation use.
Prospect Mountain is a key scenic feature of Estes Park and currently provides convenient recreational opportunities
to many Town Residents. The Public Acquisition of the Thumb Open Space area on Prospect Mountain is a important
first step in securing this important part of Estes Park for future generations.
92
11/14/2019 Town of Estes Park Mail - Fwd: Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650214412236750914&simpl=msg-f%3A16502144122…2/2
Todd Plummer, Treasurer
Estes Park Cycling Coalition
93
11/14/2019 Town of Estes Park Mall -Comments on Proposed Thumb Open Space Proposal D
Comments on Proposed Thumb Open Space Proposal
3 messages
David Burbidge< >
To: "publicworks@estes.org" <publicworks@estes.org>
Hello,
With my spouse, I am co-owner of the residence at
Ell Wilson <eliwilson@estes.org>
Sun, Nov 10, 2019 at 7:39 AM
I support the Thumb Open Space Proposal in its entirety. It would be my plan to provide financial
and in-kind support of it.
Will there be a plan to allow access on the trail outside of the property that leads to the summit of
Prospect Mountain? Otherwise, requiring the trail to end at the edge of the open space would be
difficult to enforce, as most hikers would proceed to the summit.
Finally, if it matters to the plan, in September of 2018, I saw a brown bear on Prospect Mountain
while on the eastern part of the trail.
Thank you for your work.
Dave Burbidge
Ell WIison <eliwilson@estes.org>
To: David Burbidge < >
Cc: Travis Machalek <tmachalek@estes.org>, Greg Muhonen <gmuhonen@estes.org>
Hello David,
Mon, Nov 11, 2019 at 12:41 PM
Thank you for contacting the Public Works Department. I wanted to make sure that I gathered the most up to date
information before replying to your email. A conversation about access to the summit of Prospect Mountain has not
happened though there are many people who have asked the same question. This will likely be part of the conversation
which will take place during upcoming public meetings (TBD). I encourage you to participate in this meeting and I will
contact you once a meeting date, time, and location have been determined. Second, your offer of financial and in-kind
support is very generous. I would like to ensure that the right parties are aware of your willingness to contribute
financially.
Thank you for being an active citizen,
Eli Wilson
[Quoted text hidden]
Eli Wilson
Administrallve Assistant I
Public Works
Town of Estes Park
Ell WIison <eliwilson@estes.org>
To: Jackie Williamson <jwilliamson@estes.org>
[Quoted text t,iclden)
Tue, Nov 12, 2019 at 10:37 AM
https:l/mail.google.com/malVu/0?lk=2e92623984&view=pt&search=all&permthid=thread-f%3A 1649826107649882141 &slmpl=msg-f'%3A 16498261076. . . 1 /2 94
11/14/2019 D
Thumb Open Space
3 messages
Town of Estes Park Mail -Thumb Open Space
'Geoff Noyes' via Publlc Works <publicworks@estes.org>
Reply-To: Geoff Noyes < ->
To: "publicworks@estes.org" <publicworks@estes.org>
I am a rock climber who lives right below the Thumb, Thimble
and Needle. I have a view of them every day.
I have been climbing both formations since the early 1990's,
most recently last Aug. and Sept. with my current climbing
partner.
The number of climbers I see up there, and accompanying
autos parked there, has diminished regularly for several
years now.
The reason I believe for this decrease Is that we climbers
sense that the Thumb has become "off-limits" these days,
maybe because there is a new landowner there that discourages
use of the Thumb-Needle.
In earlier days, I assumed that the Thumb was public property
and climbers were welcome.
My constant partner in earlier days of climbing was the
well-known climbing Ranger, Jim Detterline.
I feel sure he would join me in support of the plan to
purchase assured access to these rocks. We did a
lot of routes here .
As for management, I have always observed climbers
and hikers up there keeping everything cleaned up,
toting all gear out, not leaving gear in the rock, etc.
In other words, a user-managed & maintained site.
I think actual management could be minimal, so not
to be a burden on the town.
Some more parking may have to be carved out of the
uphill side of Curry Drive, once climbers hear that the
Thumb is "open" again. We seldom ran into lack of
parking space In the past....could be different if this
goes through.
The climbers' path up to the Needle works but is
not optimal ... a bit slidey when wet. A volunteer
force would probably be happy to carve out some
better steps/pathway.
Above all, I would avoid signage and any other marks
of commercial presence ... lets' keep it as natural as
possible.
OK enough ... this is a wonderful advance for climbers
AND hikers.
Geoff Noyes
Ell Wilson <ellwilson@estes.org>
Mon, Nov 11, 2019 at 5:14 PM
https://mall .google.com/mail/u/0?ik=2e92623984&view=pt&search=all&pennthid=thread-f%3A 1649952874993978660&simpl=msg-f"lo3A 164995287 49... 112 95
/
Travis Machalek <tmachalek@estes.org>
Questions and Comments from Jon Davis and Lora Knippers-Davis Re; Upcoming Thumb
Open Space Project Proposal – Neighborhood Meeting, November 13th, 2019
1 message
JON DAVIS Mon, Nov 11, 2019 at 7:27 PM
To: "tjirsa@estes.org" <tjirsa@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "kzornes@estes.org" <kzornes@estes.org>,
"pmartchink@estes.org" <pmartchink@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, "eblackhurst@estes.org"
<eblackhurst@estes.org>, "cbangs@estes.org" <cbangs@estes.org>
Cc: "tmachalek@estes.org" <tmachalek@estes.org>, Lora Knippers-Davis
Date: November 11th, 2019
To: Estes Park Town Council Members;
Estes Park Town Administrator, Travis Machalek
From: Jon Davis and Lora Knippers-Davis
151 Curry Dr.
also referenced as: Lot 1, Prospect Highlands
Estes Park, CO 80517
Re: Upcoming Thumb Open Space Project Proposal – Neighborhood Meeting, November 13th, 2019
Lora and I received the notice of the planned “Proposed Thumb Open Space Neighborhood Meeting”, scheduled for November
13th, 2019 at 5:30 PM at the Town Hall. Unfortunately, we are out of town until the evening of Thursday, November 21st.
We will be planning to view the Wednesday meeting assuming it would be streamed on the Town’s youtube channel, as the meeting
is planned to be held in room 202/203: https://www.colorado.gov/pacific/townofestespark/meetingvideos
Lora and I are requesting an individual meeting with the Town Administrator, Travis Machalek before the Proposed November 26th
Town Board Study Session. We would like to meet Friday November 22nd 2019, or Monday the 25th or Tuesday the 26th, prior to
the scheduled Town Board Study Session meeting which we do plan to attend.
As one of the twelve homeowners in Prospect Highlands, we have heard the concerns and read the questions raised by our
neighbors regarding the Town’s participation in the proposal to the Great Outdoors Colorado for the Thumb Open Space Project
Proposal.
Further, as the Owners of “Lot 1, Prospect Highlands”, we have specific concerns. These include the Implementation Plan, the
Ongoing Impact of the Plan, and Unintended Consequences that may arise if the Town were to proceed with this proposal to
participate.
For the record, Jon is a former rock climber, and we support area rock climbing activities in general. We purchased Lot 1 knowing of
its uses, at the current foot traffic level. We do see climbers and their dogs using the trail on our private property “Lot 1” as access
to rock climbing in the Lot 13 and the Needle/Thumb area.
A current list of concerns as Owners of the Property designated as Lot 1:
1.Implementation Questions Raised by the “Thumb Open Space Proposal”. (See attachment “11.06.2019 - Thumb Open
Space Proposal FINAL.pdf” (“TOSP 11.06.2019”), sent to various homeowners in Prospect Highlands by Travis Machalek,
Town Administrator on Wednesday, November 6, 2019 5:10 PM.)
a.Section 4.1 “Existing Trails” of the attached TOSP 11.06.2019 states:
“A 0.5-mile platted trail starts at Peak View Drive at the proposed trailhead, on a property owned by the Town of Estes Park. The
platted trail crosses through a private lot and enters the proposed property.”
96
/
As Lot 1 owners, we request the Town provide as public record, the easement rights directly related to the “Historic
Prospect Mountain Trail Access Easement” specifically associated with Lot 1, the referenced “private lot” directly
adjacent to the Proposed Trailhead 1.
b.Section 4.2 “Future Trails” of the attached TOSP 11.06.2019 states:
“Any new trails will be designed to meet hiking trail standards, will be limited to three feet in width and composed of natural
surfaces.”
Please provide the legal standing and justification for any proposed easement and/or trail changes including any
proposed improvements to the Historic Prospect Mountain Trail specifically regarding our property Lot 1.
c.Section 8.2 “Motorized Access and Trailheads” of the attached TOSP 11.06.2019 states:
Trailhead Area 1:
Area consists of property owned by the Town of Estes Park and the Bureau of Reclamation. The Town’s Water Division
recently acquired a 0.25-acre parcel as part of its acquisition of the Prospect Mountain Water Company. This parcel is currently
used for parking for the platted trail that goes through the proposed Thumb Open Space. In addition to the gravel parking area,
the property contains trees, boulders and a small wooden structure that serves the former Prospect Mountain Water Company.
The Town’s Water Division is investigating changing the existing building.
There is potential to park approximately 6 to 8 cars on Town property only. The parcel will need added material and grading to
enhance the parking area and 6-10 trees will also have to be removed. Additional trees and other landscaping elements could
be installed to improve the parking area.
Please provide detail on the proposed parking area changes. Is the Town proposing to turn the current single layer
parking area (which currently requires backing out directly on to directly off of Peak View Drive, a semi-major road), into
a parking lot that includes a proper driveway with ingress/egress which meets current Town codes?
How does the Town plan to gain Bureau of Land Management approval to expand the currently available limited
parking area?
d.Additionally, please address if the “changes” (being investigated by the Town’s Water Division) to the existing building
would include addition of a bathroom to address the need for a restroom facility for the Town-owned and maintained
recreation area?
A project of this size would certainly seem to require restroom facilities. Otherwise hikers and climbers might come onto
our property and to our door asking for help with a “bathroom emergency”. Who will be cleaning up the raw sewage and
associated debris potentially left on our property? The Town Public Works Department?
For the record, the former Prospect Mountain Water Company building is not a wooden structure, this structure is constructed
utilizing concrete cinder block materials with a metal roof.
2.Potential Ongoing Impact Raised by the “Thumb Open Space Proposal”. (“TOSP 11.06.2019”),
a.Section 2 “Recreation History and Current Use” of the attached TOSP 11.06.2019 states: “Based on neighbor feedback
and observed parking along Peak View Drive, hiking currently occurs at the Thumb Open Space on a daily basis.” The Town has
stated it is considering “The vision for the Thumb Open Space <of> a primitive, day-use park, much like the Town of Estes Park’s
Centennial Open Space at Knoll Willows.”
We, as the owners of Lot 1, believe this would potentially significantly increase the foot traffic through our property.
This could fundamentally impact our use of, and rights associated with our private property.
i. Has the Town considered potential impact to our private property which the Historic
Prospect Mountain Trail run through?
ii. Has the Town done any studies to determine the potential environmental impact to our
private property as a result of proposed changes to the Historic Prospect Mountain Trail?
b.Section 8.4 “Enforcement” of the attached TOSP 11.06.2019 states: “The proposed Thumb Open Space is within Town
limits and is patrolled by the Town’s Police Department.”
i. This section does not address actual process and mechanisms the Town police would
utilize to accomplish this “policing” along the length of the Historic Prospect Mountain Trail including the
increase in activity across our Lot 1 property beginning at the Trailhead 1 location.
c.Dumping of trash
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i. The Trailhead 1 location behind the seems to attract those who bring trash that includes
mattress, chairs and bags of trash. Increased traffic will only add to this situation. Please address the Town
plan to maintain this location, our property Lot 1, and as well as the length of the proposed trail.
3.Potential Unintended Consequences Raised by the “Thumb Open Space Proposal”. (“TOSP 11.06.2019”),
a.Re: Section 4.2 “Future Trails” of the attached TOSP 11.06.2019:
i. Has the Town considered the potential impact of this Future Trail redesign of the
Historic Prospect Mountain Trail including any required location change, Trail movement over time, existing
natural waterflow and drainage changes, and the impact its implementation could have on the value of our
property Lot 1?
b.Section 9 “Insurance and Liability” of the attached TOSP 11.06.2019 states: “…The Town has reviewed with CIRSA the
potential addition of the Thumb Open Space, including the trails and climbing features, and there are no concerns with coverage.
Town casualty insurance would cover any losses on the site for which the Town is found to be legally liable.”
We, as the owners of Lot 1, believe this would potentially significantly increase our Liability Risk associated with the
section of the Prospect Mountain Trail passing through our property. This could fundamentally impact our personal
financial security as a result of this increased Risk associated with our private property ownership.
i. Has the Town considered the potential impact of this increased Liability associated our
private property directly associated with, and adjacent to, the Historic Prospect Mountain Trail?
ii. Does the Town believe it is fair to require Us as owners of Lot 1 to assume a significant
increase in a potential risk of Liability claims associated with assertion of injury or other circumstance
related to the Town decision to significantly increase foot traffic on the Prospect Mountain Trial?
iii. Will the Town accept all Insurance and Liability Risk and obligations associated with the
expanded requirements for a proposed use change being imposed upon Us as the owners of Lot1 if the
Proposed Thumb Open Space Project proceeds?
We believe these are issues that need to be addressed. What does the Town plan to do to address these questions and concerns
as a part of this Project proposal if the Town plans to move forward?
Jon Davis and Lora Knippers-Davis
151 Curry Drive
also referenced as Lot 1, Prospect Highlands
Estes Park, CO 80517
Word doc version attached
Referenced Attachment “11.06.2019 - Thumb Open Space Proposal FINAL.pdf” (“TOSP 11.06.2019”) included
Sent from Mail for Windows 10
2 attachments
11.06.2019 - Thumb Open Space Proposal FINAL.pdf
1668K
98
/
Davis response to Town on Thumb Open Space.docx
22K
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Travis Machalek <tmachalek@estes.org>
Re: Thumb Open Space Neighborhood Meeting
1 message
RICH TERI BABCOCK Tue, Nov 12, 2019 at 6:59 AM
To: Travis Machalek <tmachalek@estes.org>
Thank you for including us in this notice of the meeting tomorrow. We are in Florida visiting our daughter this week so will be unable to
attend. We hope to stream it and observe what is said.
Below are a few things we have been hearing:
The recent newspaper articles have been supportive of the Land Trust’s proposal, but they have also raised questions that we are
hearing from Estes Valley residents. They, like us, thought that when people put land in a Land Trust conservation easement that it
was permanent and couldn’t be changed. Because it isn’t either of those things, apparently, there are big questions being raised.
Residents also don’t understand why this project has become more important than other Town open space projects that are hardly
mentioned anymore.
They are concerned about the congested parking planned at the trailhead for the historic trail and also who would be providing safety
and protection for people while on this trail.
If the Land Trust is concerned that the historic trail can be made inaccessible if someone buys the 65 acres and chooses to put a
house on it as is in the easement now and refuses to allow access to the historic trail running through that easement, is it also possible
that the owners of lot 1 that also contains a portion of that trail can refuse to allow access on their land?
We hope you and the town officials will reconsider your support of this project and use Town and GOCO funds to complete other
projects, like completing the bike trail up Fall River.
Thank you.
Rich and Teri Babcock
201 Curry Drive
Estes Park, CO 80517
On Nov 6, 2019, at 7:11 PM, Travis Machalek <tmachalek@estes.org> wrote:
Good evening,
You are receiving this email as a member of the Prospect Highlands Homeowners Association.
As you may be aware, the Town is considering the purchase of roughly 65 acres of property on Prospect Mountain for
use as an open space area for hiking and climbing.
We are hosting a neighborhood meeting next Wednesday, November 13th at 5:30 in Rooms 202/203 of Town Hall
(170 MacGregor Avenue) to get feedback on the project from neighboring property owners. A conceptual proposal for
the property is attached for your review.
I have also attached a letter that has been mailed to property owners within a 600 ft radius of the boundaries of the
proposed project. This letter details next steps in the consideration process, including meetings at which the project will
be discussed, and includes a link to project information and a feedback email.
If you have comments and cannot make any of the meetings, you may always send them to the Town Board, myself, or
publicworks@estes.org.
Please let me know if you have any additional questions or comments.
100
/
Best,
TM
Travis Machalek
Town Administrator
Town of Estes Park, CO
970-577-3705
<11.06.2019 - Thumb Open Space Proposal FINAL.pdf>
<Neighbors of the Thumb Letter Final.pdf>
101
TOWN OF ESTES PAR.I\.__
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)-·------
Please complete thi¥eedback form for the record:
·natvc;/� r
Name:S � RAR. t'rY Estes Park physical address:
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Emai 1 • Dh""'"'"''
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
I( f t..AtJ -,--�,,J 8�y No-r � e� 'N'A--Y,
.) �-h\(iu''f\l tfl..A,J SJ,.k,(AL,)) �VE "1.:>t--"f,4o-S rlf#rAr.JSwE.R.. ,J/1c {)lii..S/<o,v er 0�o.v4-t.... coAJS,":?>€R.4� /J-.Bo� /V\�46 ,,_,G--tU,.s ,..}€--/ /OMI< '3E..HRI:-8vt.., .... .MCr-lf this project moves forward, what high-level issues are most important to you? (circle any that apply) ��-... -"--•
Other:
Neighb��,' qualit;�f .life ·e;g�oo-,L����-;��� �
Preservation of open space
Recreation opportunities
Management of parking
Manag�ent of �ses,.._ ----·--..___., __ _
Any general comments or outstanding questions? (staff will respond to your questions)
102
Agenda:
5 minutes:
10 minutes:
40 minutes:
10 minutes:
D.
TOWN OF ESTES PARI<..__
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partners hip facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitators and staff.
Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name: n Estes Park physical address: WAL -r lvo� NE1t1A N
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
.P,rllS'IIV,;.,:J A'.t.Tv�At. L AAI.O, J,t# T /4,i,,7,N:, ,J��·� s or u� e....
n1A.,vA,4!111c..vr El'tlFd,e�ll.,,et£°#'1Jt-.,f l#S.e .,..R.,L6S.
Other:
Recreation opportunities
s.��t, L.,,f A I I s-A,cre.ve."'t r,,.,,ptJttrANr -
,fj A ,-1ea/:A9e_
Any general comments or outstanding questions? (staff will respond to your questions) :z=-s."u J'°,00�1-'f' J.u: p�lja:t; AwA., A ,..A ,J -c;.e 6.._ oroN S(°A CL
IS.., r ,.'1.e.a4 '41t-4.. /, � • (' tA, /'1t, � ,'0 pe.. � •�, I"�� .
103
Agenda:
5 minutes:
10 minutes:
40 minutes:
10 minutes:
D.
TOWN OF ESTF.S PARK_
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitators and staff.
Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, ta Town Hall -
Room 100, or email publicworks@estes.org.
Name: IY\ OJ\� B Of\�N Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered? *f-y\ G\.�'-'-k-"11.rv<.e, c)-,. e�ft'"t.C.tn<N+ d. �jcJ.� ffk..lc'.vx-+t� r '·---�-
If this project moves forw what high-level issues are most important to you? (circle any that apply)
Neighborhood access control
Management of parking
Recreation opportunities Management of uses
Other:
Any general comments or outstanding questions? (staff will respond to your questions)
(j� T /)"-:, h ec.t.c..l � Pe�I< u; (W-
CO It\ MU-.�1C&...) \JOtcl , .. s J '
104
TOWN OF ESTES PARK._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record:
Name: � M j26-GN P�u> Gl-l-Estes Park physical address:
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
reservation of open space
Recreation opportunities
Any general comments or outstanding questions? (staff will respond to your questions)
105
Agenda:
-lm�-
TOWN OF ESTES PARK._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
S minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record:
Name: /:.)/',NA �IT x_,, Estes Park physical address:
Return to a staff member, to Town Hall •
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerati ons as this proposal is considered?
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Preservation o open space
Recreation opportunities
Any general comments or outstanding questions? (staff will respond to your questions)
106
Agenda:
5 minutes:
10 minutes:
40 minutes:
10 minutes:
El TOWN OF ESTES PARI<._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitators and staff.
Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Roam 100, or email publicworks@estes.org.
Name: Je4iv1e A f l..u-i Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
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If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Any general comments or outstanding questions? (staff will respond to your questions)
107
TOWN OF ESTES P�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with fa¢itatars and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return too staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name: kr:J fl/(� Estes Park physical address:
What should be the To�n's and Land Trust's primary consider�tions as this proposal is considered? ... -scv�t' w· m 0\-11\ �. if· 0-e n:f'-.J)_Q�u. , y(' £ - Oc.>1/-t,�L't-·(;�I. l;0-qy t --f_;t_ I k1l Yf'5[->1?1v e)<[l�Sf 5 C2rn.✓/' . ) I 77 l<. � 5 (_) y
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Other:
Neighbors' quality of life
Preservation of open space
Recreation opportunities
Neighborhood access control
Management of parking
Management of uses
Any general comments or outstanding questions? (staff will respond to your questions)
108
Agenda:
5 minutes:
10 minutes:
40 minutes:
10 minutes:
a. TOWN or ESTFS PARK._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitators and staff.
Closing remarks and next steps in proposal process (facilitators and staff)
Please complete th is feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered? -p,..�¾ -l-lu.... 4:)� ,�e.--?.�-¼1 :,, 1�Uw-;,._, pre'v� flbpv">-Pl�, i """f..J(�,,, °' ��c I l'..r,:.. ""' �
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Neighborhood access control
('Management of parkinF')
Recreation opportunities Management of uses
Other:
Any general comments or outstanding questions? (staff will respond to your questions)
109
Agenda:
5 minutes:
10 minutes:
40 minutes:
10 minutes:
;,
TOWN OF F.sTES P�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitators and staff.
Closing remarks and next steps in proposal process (f acilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name: 77:f/,?J: aJ1{£:, � Estes Park physical address:
What sh-ould be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Neighbors' quality of life
Preservation of open space
Recreation opportunities
Neighborhood access control
Any general comments or outstanding questions? (staff will respond to your questions)
110
TOWN OF EST ES PARK_
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
-- ----------·---
Please complete this feedback form for the record:
Name: }A� )�Cl' ys v,J Estes Park physical address:
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Wha. t should be the T�wn's and Land Trust's prim c}l'Y considerations as tt,Js _,l)qopo,al is consider� ,t l �S-7 ,� ·-tft>.s 1 o� -4-� 61,Dlli. �,-A Roc.[C..J� fl�, ' r,.,.,
t,-(-�o�"'? �d. �� � � � a-f.r t.Ju.,� "'4-0vJ -
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Neighbors' quality of life
Preservation of open space
Recreation opportunities
gement of parking
gement of uses
111
Agenda:
D.
TOWN OF ESTES PARI<._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Estes Park phy sical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, what high-level issues are most important to you? {circle any that apply)
Other:
Management of uses
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/J,r&/e_r--f y t7 vtJer ) SSvi�S
Any general comment s or outstanding questions? {staff will respond to your questions)
I -/rt:t; lhe'1/
JJ .? j J r + .,6'; � e,.::r
112
Agenda:
TOWN OF ESTES P�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facil itators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete th is feedback form for the record:
Name: 7'V"A. Mc.-k.t2...v n Estes Park physical address:
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
What should be the Town's and land Trust's primary considerations as this proposal is considered?
k e-� � t J t t-._ � vtq_,"t-UN"J-.. Cl..� p o s .5 ; b l � � • ·
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Preservation of open space
Recreation opportunities
Neighborhood access contro
Any general comments or outstanding questions? (staff will respond to your questions)
113
Agenda:
D. TOWN OF ESTF.S P�
Proposed Thumb Open Space Neighborhood meeting Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators) 10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust) 40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff. 10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedb·ack form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name"?e,fs-y f ,,,yer Estes Park physical address:
What should be the Town's and Land Trust's primary consideration� as this proposal is considered?
l)� NO,-Pl<DM.�T:€:.... ,Al:a..
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
Neighborhood access control Management of parking Management of uses
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pav�rk.�A+ �;f�.
Any general comments or outstanding questions? (staff will respond to your questions) -1 }t_,e_ f resery+.o'\A-� � ��(!,£_ u_
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L�d l�f '-iht--L- � 114
Agenda:
TOWN OF EST.ES p�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilita tors and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name:�er7t>� Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, what.h· -level issues are most important to you?-(ci[cle any that apply)
-�-�bors' qualit y of life C ,�eighborhoo d access co_n�r� �---- ---
Other:
C_�ec reation opportunit�-
Any general comments or outstanding questions? (staff will respond to your questions)
115
Agenda: 5 minutes: 10 minutes: 40 minutes: 10 minutes:
TOWN OF ESTF.S PARK.._
Proposed Thumb Open Space Neighborhood meeting Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators) Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust) Join one of two breakout groups to discuss the proposal with facilitators and staff. Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name: A nrlR 4 Chr(s � �no-tts Estes Park physical address: I
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
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If this project moves forward, what hi�•lev f I iss� are most important to you? (circle any that apply) � Neighbors' quality of life .,,)(Neighborhood access control Preservation of open space Management of parking Recreation opportunities ,# Management of usesOther:
Any general comments or outstanding questions? (staff will respond to your questions)
116
Agenda:
D. TOWN OF ESTES P�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
S minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record:
Estes Park nhvsical address:
Email: Phone:
Return to a staff member, to Town Ha/I -
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
Other:
Preservation o open space
Recreation opportunities
Any general comments or outstanding questions? (staff will respond to your questions)
117
Agenda:
S minutes:
10 minutes:
40 minutes:
10 minutes:
-D.-
TOWN OF ESTES P�
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
Join one of two breakout groups to discuss the proposal with facilitato rs and staff.
Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
?i':�e I M. 1 l,, 1-€-t:-
Estes Park physical address:
Email: Phon�:
What should be the Town's and land Trust's primary considerations as this proposal is considered?
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<J)o '1-+ � 1lu I OM£l 1,0ov(sj._ k-bd-fw <oi.,,, fvo I (.d,_
If this project moves forward, what high•level issues are most important to you? (circle any that apply)
Other:
Neighbors' quality of life
Geservation of open::-,
Recreation opportunities
Neighborhood access control
Mana ement of parking
118
119
Agenda:
TOWN OF ESTES P.AR1'.._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
NameSL@:in iJIA�� lty Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
� Neighbors' quality of life -K Neighborhood access control « Preservation of open space
o:f' Recreation opportunities
�anagement of parking
*Management of uses
120
Agenda:
g_
TOWN OF ESTF.S p�
Proposed Thumb Open Space
Neighborhood meeting Nov. 13, 2019 at 5:30 p.m.
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Estes Park physical address:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
'-M:�'\_ \.Nt"'-.<:\ �,-M�����:;_-�\)· N� ���� ... ��
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��-\�"M-� � �� � N\__'{ - � \ h\}���\r-J � "1,,r->�
If this project moves forward, what high-level issues are most important to you? (circle any that apply)
Other:
�s;q:allWo� Neighborhood ac�t
Jy'lanage���-./
Recreation opportunities �.;e�t of u� __ __. "")-----
Any general comments or outstanding questions? (staff will respond to your questions)
121
TOWN or ESTES PARI<._
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Name: /f,, ,i (0 I ..r� Estes Park physical address:
Email: Phone:
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
If this project moves forward, hat high-level iss� are ™t im�rtant to you? (circle any that apply)
eighbors' quality of�-Neighborh��
Preservation of open space Management of parking � Recreation opportunities Management of uses------
Other: ��·--------------------------
Any general comments or outstanding questions? (staff will respond to your questions)
l:. ho...ve..t<.\�� 6'r-e.se.�vv,.i 'fu..e.rf:-drt.J -fc tfw ... T"'-1(>-h.<.S_
122
g_ TOWN or F.STES PARK_
Proposed Thumb Open Space
Neighborhood meeting
Nov. 13, 2019 at 5:30 p.m.
Agenda:
5 minutes: Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
10 minutes: Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
40 minutes: Join one of two breakout groups to discuss the proposal with facilitators and staff.
10 minutes: Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record:
.Da,,.,
Name�n t v /"/es,,�Estes Park physical address:
Return to a staff member, to Town Hall•
Room 100, or email publicworks@estes.org .
What should be the Town's and Land Trust's primary consi�erations as this proposal is considered?
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•Cd ,a., l:ro C S,ccc.rT
If this project moves forward, what high-level issues are most import to you? (circle any that apply)
Other:
Neighbors' quality of life -...... ..,_. Neighborhood access contro
Managem
Any general comments or outstanding questions? (staff will respond to your questions)
123
November 13th, 2019
Thumb Open Space Neighborhood Meeting
Roundtable Discussion Notes
West Table (notes taken by Public Works Director Muhonen)
1.The represented HOA’s have not established any formal pro/con position yet. One
trailhead is preferred. If there is a second trailhead it should be limited to use by guide
services and not open to a daily uncontrolled flow of public use. The impacted HOA’s
should consider teaming up with the Town to jointly develop the management plan.
2.Neighbors enjoy hiking in this Open space. Youth learning is supported. One access
preferred. 2nd access might be ok for limited access.
3.Adjacent property owner wants freedom to access the Open Space directly their private
parcel without a requirement to only use the established trail. Keep the area natural and
rustic. Consider 2 gates. One at end of Curry to regulate use of upper trailhead and
minimize existing abuses that occur on dirt road (camping, fires, trash, human waste,
etc). Existing gate needs to remain to control trespass on private property above the
Thumb parcels.
4.One trailhead preferred. Limit promotion and activity. Parking control is essential.
5.Concern about parking on Curry. No backing onto Peak View should be allowed from the
existing parking area. Trespassing onto private land. Rock fall survey and necessary
mitigation should be performed annually to keep the public safe.
6.Protect wildlife. Do not allow dogs and their impact on waste and wildlife. Trespassing
off trail onto private land needs to be addressed.
7.Trespassing from Curry downhill onto private property needs to be controlled to protect
safety of children and personal property. Signage could be placed on property line, but
is admittedly minimally effective.
8.Parking. Peak View Traffic is heavy. New car door noise is objectionable. Rubbish,
trespassing, human waste need to be managed. Install toilets?
9.Freedom of access from private property is important.
10.Town should not sell this land to a developer. How does a conservation easement
protect against this?
11.Public use of this property is growing even under the private ownership, and is currently
greater than 5 years ago. One trailhead preferred. No bikes. Open Space Management
Plan is essential. Partner with HOAs to develop and monitor. Status quo not likely to
improve existing condition. Improved management is needed.
12.Users bring trash, mattresses, and fire. Enforcement is essential. Getting worse. Care
needed to construct effective management plan.
13.Gate placement is sensitive. Will increase turnaround traffic on Curry if installed at
endo of pavement.
14.Add sign on Devon, Marcus, and Curry that say no Open Space Access. Enforce strongly.
15.Quiet town local park preferred over a marketed, heavily traffic park.
124
November 13th, 2019
16.Signs don’t work. Google maps error has been identifying Curry Dr as part of the Peak to
Peak highway.
17.Formalizing the 2nd (upper) access will encourage drinking, parking, etc. Need strong
Police presence for enforcement. Existing Mutual Aid Agreement between Town and
Larimer County sheriff office allows Town police to respond to situations in county if
needed. The Thumb parcels are already annexed into the Town limits and are under the
jurisdictional authority of Town (including Town Police Dept).
18.Loop trail could better support access from adjacent private property.
19.Address trail extensions to West and North summit. Would the owner (John Heron)
grant a public easement to the summit of Prospect Mountain?
20.Use speed smart trailer on Peak View to remind motorists of speed limit.
21.Concern about paid concessions. Prohibit? Limit?
East Table (notes taken by Town Administrator Machalek)
1.Is any maintenance or alteration allowed on the historic trail easement through private
property that links the Peak View parking area to the proposed Thumb parcels?
2.Difficult to know what the full costs are with all of the tentative/unknown aspects.
3.Feelings about proposal rely on the details and how they settle out.
4.Would like to see a gate lower on Curry with access for utility workers, etc. Road is in
very bad condition.
5.Concerned that “the cart is before the horse”, that a management plan should be
completed prior to considering purchase.
6.Concerned about the upper parking lot, would not be in favor of retaining this.
7.There is a GPS error that is sending people onto Curry Drive to route them to the Peak
to Peak Highway.
a.Dangerous situation as people are not prepared for the road condition and often
try to back down the road.
8.Concerned about parking along road and need for no parking signage
9.Concerned about rocks abutting homes on Curry. Will Town participate in rock fall
study?
a.Would like Town staff and Board to look at the area
10.Details of proposal and proposed management are critical. Concerned about potential
for overwhelming increase in visitors and crowds to site. Would rather just see residents
of the community as users.
11.Limited parking is a concern.
12.Have observed other high-use recreational areas where adjacent property owners have
had to move to protective mode and put up fences and no trespassing signs. Concerned
about impact on neighbors.
125
November 13th, 2019
13.Would like to see the word by word proposed amendments to the conservation
easements. These should be written before considering acquisition and the public
should have a chance to comment on them. Amendments to the conservation
easements are a critical piece of information for this project.
14.Do not believe more cars should be allowed up Curry
a.Existing trail from existing upper lot to climbing features is eroding
15.Allowable hours for use need to be established.
16.Concerns about fire, dangerous natural conditions, and illegal camping
17.Should consider studying the load factor including what the potential for future use is
18.A visitor use study should be completed
19.Concerned about mountain biking as an allowable use.
126
11/14/2019 Town of Estes Park Mail - Fwd: Proposed Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650215170463222782&simpl=msg-f%3A16502151704…1/1
Eli Wilson <eliwilson@estes.org>
Fwd: Proposed Thumb Open Space
1 message
Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2019 at 2:43 PM
To: Eli Wilson <eliwilson@estes.org>
Travis Machalek
Town Administrator
Town of Estes Park, CO
970-577-3705
---------- Forwarded message ---------
From: Donna Pierce <>
Date: Wed, Nov 13, 2019 at 5:00 PM
Subject: Proposed Thumb Open Space
To: Todd Jirsa <tjirsa@estes.org>, Rnorris <rnorris@estes.org>, Carlie Bangs <cbangs@estes.org>,
<eblackhurst@estes.org>, Marie Cenac <mcenac@estes.org>, <pmartchink@estes.org>, <kzornes@estes.org>, Town
Clerk <townclerk@estes.org>
Cc: Travis Machalek <tmachalek@estes.org>
Mayor and Trustees,
Please take great care when considering the proposal to open up Prospect Mountain to climbing
operations. This type of commercial encroachment is exactly what property owners feared when the
definition of private parks and recreation was re-written to include hiking, climbing and fishing on
residentially-zoned land.
Of course we want people to enjoy nature, hiking, climbing, and fishing. Sure locals would like to be able
to continue to hike this trail. But not at the expense of existing private property rights and boundaries
that are now threatened. Also this is a very sensitive area where elk and deer mate and raise their young.
It is an area where many property owners have invested all they have in their home and land.
The trail that meanders from Peakview to the top of Prospect Mountain goes within feet of people's
homes, including on the street above my own home. While some property owners may not mind, there
are others where having it open to commercial activity comes too close for comfort. One of my hiking
friends is in exactly that predicament. I am home sick this week and not able to come speak in support of
that property owner or my own property.
Thank you,
Donna Pierce
127
11/14/2019 Town of Estes Park Mail - Fwd: Thumb Meeting Recap-Private
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650221362914209327&simpl=msg-f%3A16502213629…1/1
Eli Wilson <eliwilson@estes.org>
Fwd: Thumb Meeting Recap-Private
1 message
Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2019 at 4:22 PM
To: Greg Muhonen <gmuhonen@estes.org>, Eli Wilson <eliwilson@estes.org>
Travis Machalek
Town Administrator
Town of Estes Park
970-577-3707
Sent from my iPad
Begin forwarded message:
From: penny <>
Date: November 14, 2019 at 7:08:29 AM MST
To: Travis Machalek <tmachalek@estes.org>
Subject: Thumb Meeting Recap-Private
When asked the Executive Director of the Land Trust said they do not manage the land that are in
conservation easements it was the owner’s responsibility. That is correct but according to the easements
there are enforcement and cost enforcement segments they could have been enforcing but have not.
Several questions were ask about the management plan and cost of the project. There needs to be many
more details before the city should invest in a project with so many unknowns
Question was asked about the amendments the Land Trust plans to do. The Executive Director said they
have not been done. It would be nice to have a list of what they are planning on amending. In reading the
easements it appears there would have to be numerous amendments. Does the city want to purchase a
piece of property before they know how the easements are going to read. Is this something the Town
Attorney would need to study?
Rick and Penny Brisbin
Sent from my iPad
128
11/14/2019 Town of Estes Park Mall -Fwd: Questions after Thumb Open Space Meeting B Ell WIison <ellwllson@estes.org>
Fwd: Questions after Thumb Open Space Meeting
1 message
Greg Muhonen <gmuhonen@estes.org>
To: Kate Rusch <krusch@estes.org>, Eli Wilson <eliwilson@estes.org>
Gregor_y F Muhoncn, FE.
f ublic Works Director
Town oF E.stes f ark, CO
f ublic Works Department
E.rnail, gmuhon en@estes.org
Mobile: 970 402 7 400
Office: 970 577 3581
---Forwarded message --------
From: Greg Muhonen <gmuhonen @estes.org>
Date: Thu, Nov 14, 2019 at 8:27 AM
Subject: Re: Questions after Thumb Open Space Meeting
To: Jeanne/Larry Allen < >
Cc: Travis Machalek <tmacnareK@estes.org>, Brian Berg <bberg@estes.org>, Jeffrey Boring
<jeffrey.boring@evlandtrust.org>
Mr and Mrs Allen,
Thu, Nov 14, 2019 at 8:45 AM
Thank you for these insightful questions. We will include them in the project information provided to the Town Board for
the Nov 26 study session.
Grcgor_y F Muhoncn, FE.
f ublic Works Director
Town of E.stes F ark, CO
f ublic Works Department
E.ma,1, gmuhonen@estes.org
Mobile, 970 402 7400
Offil'.:e, 970 577 3581
On Thu, Nov 14, 2019 at 8:03 AM Jeanne/Larry Allen< > wrote:
Thank you for hosting the meeting last night which confirmed to us that there are many unanswered questions about this proposed purchase and management of the Thumb Open Space.
Specifically, who will manage and maintain this property? What will the level of this management consist of? Does the
police force have enough budget to add this to their duties?
https:/lmail.google.comlmail/u/0?ik=2e92623984&view=pt&search=all&permthld=thread-f%3A 1650192685279224883&slmpl=msg-f%3A 16501 926852. .• 1/2 129
11/14/2019 Town of Estes Park Mall - Fwd: Questions after Thumb Open Space Meeting How will parking in the area be impacted and who will enforce potential issues?
How will conservation of the natural habitat be improved by encouraging additional foot traffic and trash left by careless hikers? Will restroom facilities be available or will visitors need to fend for themselves?
How will trespassing onto adjoining homeowners properties be controlled and by whom?
' There needs to be a decision about where the trailhead/heads will be. I Why was the GOCO grant request submitted without the letters of concern from Curry Drive residents?
I What will the changes to the conservation easement consist of?
1 How can you proceed with such a large expenditure of money without knowing more of the specifics of what is needed to make this project viable? The proposed budgetary costs are only estimates and may be unrealistic.
More certainty about many details are needed before this should proceed.
These are only a few of our unanswered question.
Jeanne and Larry Allen
https://mail.google.com/maiVu/0?ik=2e92623984&vlevr-pt&search:all&permthid:thread-f%3A1650192685279224883&simpl:msg-f"/43A16501926852... 2/2 130
11/14/2019 Town of Estes Park Mail -Notes from Thumb Open Space Meeting
�ARK
Notes from Thumb Open Space Meeting
1 message
Susan Hughes Toy < >
To: publicworks@estes.org
Good Morning,
Eli Wilson <eliwllson@estes.org>
Thu, Nov 14, 2019 at 8:22 AM
Here are a few notes I took during the small discussion group, my husband and I were part of. [Roger Toy and Susan
Hughes Toy)
Issues/Concerns
management of property
parking
rocks falling on homes, city insurance not covering this
restroom facilities
trash
desire to preserve this space for future generations -very important, one lady shared that her granddaughter lost her
first tooth on the top of
Prospect Mountain -a family memory
details are important
trespassing signs for homeowners, if wanted by homeowners
Curry Road needs lower gate
Curry Road is "dangerous; single lane-no room to tum around, "not a good road"
upper parking lot on Curry Road -needs to be closed
erosion from over use and from water
signage on Curry road "resident parking onlyn
opposition stated -no mountain biking
"the 'Town' changes things after" -not trusting of Town -to do as they say
Curry Road residents shared that they sometimes see lights at night, they believe them to be climbers
discussion by Ann(?) regarding amendments, and her need to see them in written form; please note: Jeffrey/EVLT,
responded
one trailhead vs. two trailheads
"load factor" -perhaps a study for the amount of current use of trailheads
voiced concern that "homeless will up there"
Police representative comments:
https://mail .google.com/mall/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A 1650191175080466613&slmpl=msg-f%3A 16501911750... 1/2 131
11/14/2019 Town of Estes Park Mail -Notes from Thumb Open Space Meeting
no deaths
juvenile parties happen sometimes
trash
Positive comments by homeowner living next to trail, on Prospect Mountain Drive
no trash
no trespassing
friendly, wave to us on our deck
families hiking together, all generations
people with dogs
offered water to hikers and phone use
https:1/mall .google .com/mall/u/0?ik=2e92623984&view=pt&search=a11&pennthid=thread-f%3A 1650191175080466613&s lmpl=m sg-f%3A 16501911750... 212 132
11/14/2019 Town of Estes Park Mail - Fwd: Proposed Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650212170746066295&simpl=msg-f%3A16502121707…1/1
Eli Wilson <eliwilson@estes.org>
Fwd: Proposed Thumb Open Space
1 message
Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2019 at 1:55 PM
To: Eli Wilson <eliwilson@estes.org>
Travis Machalek
Town Administrator
Town of Estes Park, CO
970-577-3705
---------- Forwarded message ---------
From: <>
Date: Thu, Nov 14, 2019 at 12:27 PM
Subject: Proposed Thumb Open Space
To: <TMACHALEK@estes.org>
Dear Travis,
Thank you for the opportunity you provided to gather input from the neighborhood. Though we do not live adjacent to the property in
question, we are close and can understand the concerns of the neighbors.
Our thoughts are that the property should be purchased by the Town so that there is control, maintenance and a known future for the
space. We also agree with many of the participants last night that a lot more planning and details should be in place before the
property is purchased. Planning does cost money up front and it is a good use of money so that a proper decision can be made. Better
to waste $30,000 in planning instead of $600,000 in a bad land purchase (costs recalled from the presentation). In no way should
residents physically and immediately below this property be placed in financial or physical jeopardy from accidents and misuse within
the “park”. If the decision is made not to purchase the property as a result of the planning, it is still money well spent. There should
also be a very careful consideration of the existing conservation easements and whether $600,000 plus future upgrade and
maintenance costs really returns the value put into it.
Maggie Neumann/Steve Sheldahl
133
11/14/2019 Town of Estes Park Mail - Fwd: Prospect Mountain
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650214735029244449&simpl=msg-f%3A16502147350…1/1
Eli Wilson <eliwilson@estes.org>
Fwd: Prospect Mountain
1 message
Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2019 at 2:36 PM
To: Eli Wilson <eliwilson@estes.org>
Travis Machalek
Town Administrator
Town of Estes Park, CO
970-577-3705
---------- Forwarded message ---------
From: Timothy McKern <>
Date: Thu, Nov 14, 2019 at 9:16 AM
Subject: Prospect Mountain
To: <tmachalek@estes.org>, <rnorris@estes.org>
Hello Ron and Travis,
Thank you and all the staff who were at the meeting last night. It was a good format for getting this under way.
One of the concerns that my wife and I have is that the town might promote this natural resource which will bring more people to it and that more people will just increase the wear and
tear and traffic to this quiet little area. And it is already happening. We woke up this morning to this: https://kdvr.com/2019/11/13/estes-park-considers-purchasing-private-land-to-save-
popular-climbing-spires/
More importantly, we have concerns that enforcement and fire protection will be inadequate. It sounded like the police lack resources in the summer months and that quick response
would be difficult. Also regarding fire protection, there are no fire hydrants that I know of near the residential areas on county land around Prospect Mountain. This should be troubling to
Town of Estes which is so close in proximity. We look forward to future meetings to address these issues.
Sincerely,
Tim and Norma McKern
134
Prospect Mountain Townhome Association
570 Darcy Drive
Estes Park, CO 80517
November 15, 2019
Mr. Travis Machalek
170 MacGregor Ave.
Town of Estes Park, CO 80517
Dear Travis:
The board of the Prospect Mountain Townhome Association (PMTAI) has met and decided on our concerns and
recommendations to the city on the proposed Thumb and Needle project on Prospect Mountain. Our HOA consists
of 37 properties located on the streets Devon, Marcus and Darcy. All are within the town city limits. We are also
located directly below the Thumb and Needle.
We are in agreement on the following items concerning town purchase of the Thumb and Needle properties.
1.We would like the town to purchase the properties
2.We are OK with amendments to the current conservation easements on the four properties if they are
limited to the elimination of the one home construction currently allowed and some language change on
the commercial use to allow a very limited commercial use for rock climbing. We would not like to see any
other changes to the current easement language.
3.Install a gate at or slightly past the end of Curry Drive (end of pavement). We are opposed to the upper
parking lot Curry Drive. We request that street signs be installed on Curry, Devon, Marcus, and Darcy
stating that there is no access to trail heads and that these streets are for neighborhood access only.
4.We would like to see the parking lot on Peak View limited to 12 spaces or less, and “NO PARKING” signs
installed on Peak View east and west of the parking lot. We also want to see the Police Department enforce
the parking restrictions.
5.At the trail head there needs to be a map or other form of communication to indicate the available trails
and which rock formations rock climbing is allowed. There are some that are too close to homeowner
properties that should not be available for climbing.
6.We are opposed to any new trails that come too far down the mountain that would encourage people to
use the road or take short cuts through private property. We have also seen people that went up the tram
and hike down the road so they can be picked up at Curry and Peak View.
7.We don’t think mountain biking should be allowed. Trails are too short, narrow, and bikes damage trails.
8.We would like see dogs allowed, but on leash only with the same city requirements to pick up dog refuse.
9.We support the collection of concessionaire fees by the town to help offset the expenses necessary to
maintain the property.
Respectfully,
PMTAI Board of Directors
Jim Paddock
Mike Bryson
Carol Peterson
Laura Rustin
Duncan Rarity
135
Greg Muhonen <gmuhonen@estes.org>
Thumb Open Space Neighborhood Meeting
Lisa Skokan, Trustee <>Fri, Nov 15, 2019 at 10:54 AM
To: "tmachalek@estes.org" <tmachalek@estes.org>, "gmuhonen@estes.org"
<gmuhonen@estes.org>
I have put together our questions/comments for your review and consideration.
Project Map
Where is the current ½ mile trail on the map?
Where are the current 2 trailheads referenced?
Please provide a copy of the current easements as they pertain to these
parcels.
Purpose and Vision
You indicate in the purpose that you will “reduce off trail use”. Given the
rugged nature of this area how do you anticipate being able to do this?
How do you enhance conservation by building additional trails, and
allowing commercial use for climbing purposes in the area?
The Vision stated compares this to the Knoll-Willows area. Given the vast
topography differences and location is this realistic?
You indicate that Amendment of the Conservation Easement will be
necessary. Please give specifics on the changes that would be made.
How will these changes be approved – by what authority?
Use and History
136
You indicate the new trails will be 3 feet wide – where will these be?
Given the rugged terrain has there been consideration to rockslides and
habitat disruption caused to this area and neighboring areas. Will a study
be done to review this before undertaking any changes to the existing
landscape?
Define Loop trail as it applies to this property.
When was area last authorized for climbing activities?
Allowing a Commercial Company to profit from land owned by the Town
and paid for by the taxpayers seems to be contradictive. Conservation
implies preservation and not over-use.
How will new climbing routes be designed or installed. And at what cost?
Access to Area
Indicates potential of 2 trail heads – please define where these are. How
and who will make the decision on 1 versus 2?
How much parking will be available? Where?
Who will enforce parking outside of the lot on road shoulders, etc.?
Has this been budgeted by EPPD for additional enforcement?
Gates and Enforcement
A Management Plan is mentioned – is there more detail available on this?
How can all costs associated with this project be identified if the scope of
the project is not defined?
Is it reasonable to assume EPPD will venture up trails to stop illegal
activity?
What will be frequency of patrols?
Who will do the patrols?
Has this been budgeted for separately by EPPD if is their responsibility?
Would any lighting be installed by gates or trailhead to illuminate
rules/regulations?
Insurance and Liability
How does the Town currently actively manage properties to mitigate risk to
neighboring homes?
You indicate damage to neighboring properties is not covered – and yet
the building of trails and the additional foot traffic could cause erosion and137
increased potential for rockslides. Will a study be done to mitigate this for
neighboring properties?
Commercial Uses
If a partnership is made with local climbing companies how will the
appropriate number of guides and vehicles be determined and by whom?
How often will a review be done to ensure the habitat is not being
destroyed and land over-used.
When was last time commercial use was done on this land?
It is common for Conservation Easements to Exclude Commercial Use.
Why change the Easements for this use if we are trying to keep it small
and private?
What are the Conservation Values as currently defined?
Promotion and Advertising
Will the parking lot size really limit the number of hikers? Or will they park
on shoulders, neighboring streets, etc. like they do in many hiking areas
with small parking areas.
Management plan is mentioned. Has this been defined to ensure all costs
have been planned for? How can you move forward and assure the
Taxpayers that the costs will not be significantly higher?
How often will this be reviewed to ensure overuse is not a problem?
Anticipated costs
Please provide a detailed breakdown of what you have included in the
amount stated of $42,486
The road off Curry is currently heavily eroded and would be expensive to
bring into shape, let alone maintain.
Has a restroom been budgeted for?
Trash containers? And maintenance of such.
Based on the scope of things discussed this budgeted amount does not
seem to be realistic.
General Questions 138
This area is not ADAA compliant due to the topography. Are there better
projects that would appeal to broader population since you are using
Taxpayer funds for this?
Has there been any consideration of purchasing some but not all the
parcels?
Have any wildlife studies been done or planned to see the impact on the
bears/mountain lions currently living in this area? We encroach on their
land and they are put down because of it.
Area referenced for parking is currently the site of a water shed which I
was under the impression is being reviewed for upgrading and expansion
to meet the water needs in the area.
Lisa & Todd Skokan
139
11/15/2019 Town of Estes Park Mail - Fwd: Thumb open space project
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650299295116515429&simpl=msg-f%3A16502992951…1/1
Eli Wilson <eliwilson@estes.org>
Fwd: Thumb open space project
1 message
Town Clerk <TownClerk@estes.org>Fri, Nov 15, 2019 at 1:00 PM
To: Public Works <publicworks@estes.org>
Please see the below public comment related to the Thumb Open Space.
Town Clerk's Office
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4777 (p)
970-577-4770 (f)
townclerk@estes.org
---------- Forwarded message ---------
From: Vaughn Baker <>
Date: Fri, Nov 15, 2019 at 12:32 PM
Subject: Thumb open space project
To: <townclerk@estes.org>
Mayor and Trustees,
Opportunities to create publicly accessible open space in the Estes Valley are becoming increasingly rare.
The proposed acquisition of the Thumb property by the Town would compliment theTown's Knoll-Willows open space and
Performance Park climbing area.
The Town has demonstrated that it can responsibly manage these areas for the benefit of all residents and would indeed
do so if the Thumb property is acquired.
By acquiring the Thumb property, the Board would be giving a gift to present and future generations.
Vaughn Baker
Estes Park
140
11/19/2019 Town of Estes Park Mail - Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650664712266634655&simpl=msg-f%3A16506647122…1/1
Eli Wilson <eliwilson@estes.org>
Thumb Open Space
2 messages
Anita Prinzmetal <>Tue, Nov 19, 2019 at 1:48 PM
To: publicworks@estes.org
I was the monitor of Prospect Mtn., including the Thumb, for many years. I am a definite proponent of the Town's
purchasing this property for public use. The property needs year-round management that the Land Trust can not
provide. However, one caveat, parking needs to be available; otherwise, hikers and climbers will block the road at the
gate. There is plenty of open space in the meadow for a lot.
This is a great opportunity for the Town and the community.
Anita Prinzmetal
EP
Eli Wilson <eliwilson@estes.org>Tue, Nov 19, 2019 at 3:11 PM
To: Anita Prinzmetal <>
Good Afternoon Anita,
Thank you for contacting the Public Works Department. I will ensure that your support for the proposal is recognized and
that your suggestions are heard.
Thank you for being an active citizen,
Eli Wilson
[Quoted text hidden]
--
Eli Wilson
Administrative Assistant I
Public Works
Town of Estes Park
141
11/22/2019 Town of Estes Park Mail - The Thumb Open Space Proposal
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650772484321036140&simpl=msg-f%3A16507724843…1/2
Eli Wilson <eliwilson@estes.org>
The Thumb Open Space Proposal
3 messages
Cindy Yeast <>Wed, Nov 20, 2019 at 6:21 PM
To: publicworks@estes.org
I strongly oppose the following in the proposal:
“Commercial uses related to hiking, climbing or other permitted non-motorized uses of the proposed
Thumb Open Space could be considered. These uses may include climbing instruction or guiding.”
Unlike locals hiking or rock climbing, the potential for noise would most assuredly be elevated if the
space is opened to large groups and non-motorized bicycles or other commercially organized
activities. Furthermore, there would be an elevated impact to the natural environment, as well as
wildlife - both elk and deer mate and raise their young in the trees northwest of the trail.
There should be no commercial aspects to the use of this open space, and it is too small to
accommodate mountain bikes.
Cynthia Yeast
Megan Van Hoozer <mvanhoozer@estes.org>Thu, Nov 21, 2019 at 9:56 AM
To: Cindy Yeast <>
Cc: Eli Wilson <eliwilson@estes.org>
Thank you, Cindy, for your input. I'll be certain to get your feedback to all appropriate parties.
Have a wonderful day,
Megan Van Hoozer
Public Works Department
Town of Estes Park
170 Macgregor Ave.
Estes Park, CO 80517
(970) 577-3587
[Quoted text hidden]
Cindy Yeast <>Thu, Nov 21, 2019 at 10:57 AM
142
/
Travis Machalek <tmachalek@estes.org>
Proposed action for prospect mountain
1 message
Angela Koehlar Thu, Nov 21, 2019 at 10:45 AM
To: tmachalek@estes.org
Good morning,
My name is Angela Koehlar and I live in Venner Ranch estates. I am emailing in regards to proposal for trail on prospect mountain.
I have a few concerns and thoughts to share. First it’s important I express my love and regard for the quiet trail. My husband, dog, and
I have enjoyed it and appreciated the peace and sanctity the trail provides in our own backyard. It is respected by other hikers and kept
quiet and clean. We do hope that continues.
My concerns are for the heavier amount of marketed traffic for the trail along with what may not be sustainable for the trail and my
neighbors. My hope is it doesn’t allow biking and large pay base groups to erode at the loveliness and peace the trail has given us all
over the years. In my experience trails shared between bikers and hikers is dangerous and respect often doesn’t go both ways. It is
clearly two different experiences that don’t fit together. Note there are trails in Colorado that keep the two entities apart for safety
concerns and maintain enjoyment for the outdoor enthusiast.
Another big concern are drones. Drones on prospect mountain are becoming an issue and needs to stop. Vacationers in nearby rentals
are flying them more and more. Recently a drone from close by flew around my property and hovered over my husband and I watching
us in our hot tub. While the HOA needs to work with it’s residents to help put in place safe guards, we need safe guards put in place
about drones for us residents on the mountain by the influx of folks that will descend on to a newly marketed trail. Our privacy is at
stake. As well as our sanctity.
Another concern, I understand there will be monitoring of trail and its usage. More often we are seeing in the Roosevelt forest campers
whom are not just camping but hiding out. That brings forth a concerning element of people up to no good close to our neighborhood.
We are hearing from our colleagues and friends from little valley about home invasion from folks hiding out in the forest. My question
is, how well will the trail be managed? We already see people from time to time camping out. Not that often, but with more visitors and
marketing for the trail illegal camping will be more prevalent. I know it’s not possible for constant monitoring and incidents being
reported will be essential. With that it’s concerning about the stress our neighbors will go through to do what’s right for our HOA. And
that is unacceptable.
Again, we love the trail and hope for it’s preservation, but at to what cost? I understand this project will take a lot of resources and will
need to replenish such resources on an ongoing basis. How together can we make this a win win for all involved? For the trail, the
neighbors, the enthusiast and beloved wild life.
Thank you for your time.
Angela Koehlar
Prospect Mountain
Venner Ranch resident
Sent from my iPad
143
11/22/2019 Town of Estes Park Mail - Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1650836327404674855&simpl=msg-f%3A16508363274…1/1
Eli Wilson <eliwilson@estes.org>
Thumb Open Space
2 messages
Jane Bush <>Thu, Nov 21, 2019 at 11:16 AM
To: publicworks@estes.org
I just wanted to voice my support for the proposed Thumb Open Space. I think it is a great proposal to preserve this area
and to continue to allow climbing on these features. It's exciting to see the town work to protect this resource. -Jane
Bush
Eli Wilson <eliwilson@estes.org>Thu, Nov 21, 2019 at 12:40 PM
To: Jane Bush <>
Cc: publicworks@estes.org, Megan Van Hoozer <mvanhoozer@estes.org>
Good Afternoon Jane,
Thank you for contacting the Public Works Department. I will be certain to get your feedback to all appropriate parties.
Thank you for being an active citizen,
Eli Wilson
[Quoted text hidden]
--
Eli Wilson
Administrative Assistant I
Public Works
Town of Estes Park
144
12/3/2019 Town of Estes Park Mail - Thumb Project Questions
https://mail.google.com/mail/u/0?ik=778bd29806&view=pt&search=all&permmsgid=msg-f%3A1650862369975191659&simpl=msg-f%3A16508623699…1/2
Megan Van Hoozer <mvanhoozer@estes.org>
Thumb Project Questions
'Alan Fraundorf' via Public Works <publicworks@estes.org>Thu, Nov 21, 2019 at 6:10 PM
Reply-To: Alan Fraundorf
To: publicworks@estes.org, Travis Machalek <tmachalek@estes.org>, gmuhonen@estes.org
[This email is being from my private email account as a private citizen]
Below are questions that I, and others who live on Curry Drive and the surrounding area, would like to know the
answers.
Comment: It is unclear what the details of the Thumb proposal contains. We have seen and heard various proposals. I
believe the Town Board should not endorse taking ownership of anything, until they understand all the costs and
implications. Many of the below items may not apply, depending on the proposed conservation easement changes and
management plan (neither which exist to our knowledge).
These items are in no particular order.
Insurance - If CIRSA agreed to cover these parcels, will there be an additional expense to the Town? If so, what is that
annual amount?
Dogs - Will dogs be allowed at all? If so, under what conditions. If so, who in the Town or Land Trust will manage the
waste/bags/trash? Public Works?
Gate at end of Curry Drive - There has been discussion of moving the gate. I believe the gate is owned by Mr. Heron.
What are the costs of moving the gate, if Mr. Heron agrees? Who would manage the many locks and vendors on that
gate? Where will people park, if the gate is moved to the end of the pavement? Where will the Town snow plows push
snow, if there is a dead stop at the end of the pavement?
Plat Changes - The official plat of the area will need to be changed, if certain items are changed in the parcels. Who will
pay for that change? Most plat changes require Planning commission approval. If so, when would that happen?
Use Change - This would be a land use change from a protective conservation easement, entitled Open Space on the
official plat, to a public park with many less restrictions. If so, it would appear the Planning Commission needs to discuss
the merits. Will they?
Rock Fall survey/mitigation - The lots on Curry Drive are required to have routine rock fall surveys performed. Will the
Town require routine rock fall survey's and mitigation on the property above Curry Drive lots? What will be the cost of that
effort?
Restrooms - Will there be restrooms of any type there? Having field trips and/or kids working there would seem to require
that. If so, who will pay for that?
Other projects - What are the other projects the Town has been asked to help fund, which would qualify for the funds from
which the Thumb project would be used? Has the Board of Trustees seen the list and prioritize that list? Is the Thumb
project the most important? Has the Board seen a list from the Rec District/Trails Board hopes and desires?
Changing Easements - Changing a conservation easement, when nothing has changed to the property, raises a legal
question. This action could put the Town in litigation as well as remove the EV Land Trust as a valid legal entity. This
action also will send a strong message to anyone who has a conservation easement or thinking about one, in that future
owners and the Land Trust can change them, even though the conversation easement would say perpetual (as the
current easements do) and there are no changes to the property (like a flood). Is the Town Board ok being a part of that
public message?
Patrols - The GoCo application says this area will have patrols which will stop illegal behavior on the lower and upper
elevations. Who has been doing these patrols or when will they start? If these are Town staff, is that included in the Town
145
12/3/2019 Town of Estes Park Mail - Thumb Project Questions
https://mail.google.com/mail/u/0?ik=778bd29806&view=pt&search=all&permmsgid=msg-f%3A1650862369975191659&simpl=msg-f%3A16508623699…2/2
budget? Does the Town Board expect the Estes Park Police to go up the trails and patrol that area?
Parking - Where exactly will that occur? On Peakview - 3-6 places, head-end will create a situation that requires backing
out onto Peakview. Community Development nor the Planning Commission would generally not allow that on any
development. At the top of Curry Drive (at the Gate), blasting into the side of the mountain would be the only method to
make parking space. Is blasting in the budget?
Noxious Weeds - If the Town purchases the property, will they be required to remove and contain all noxious weeds,
forever? In some Town document, $3-4k/yr has been mentioned. How much do you think it would cost to remove cheat-
grass and thistle on all 65 acres? OR was the $3-4K for the proposed trail only, and not the rest of the property? Would
this be done by pulling these weeds, or spraying poison/herbicide on the area?
GoCo Application - Why was the application submitted without any endorsement of the Town Board (an application
requirement), when virtually all grant applications are discussed prior to submission with the Board? Why were the letters
of opposition not submitted with the grant (an application requirement)? Does the Town Board agree that making the
area almost ADA compliant (as implied in the GoCo grant) is feasible? Does the Board agree there are no other area
places for people to go to hike or climb (other than the National Park), as implied in the application? It seems Twin
Sisters and Lily Lake are 15 minutes from downtown. Why were poor Hispanics singled out in the GoCo application?
That was inappropriate at best. One residence - Does the Town Board agree that having one home on 65 acres will
destroy the character of the entire area?
Lot 1 Historic trail - does the Town Board believe they can force improvements to the first 250' of trail which runs thru lot
1, on the private owner?
Will commercial activities be allowed? Who will manage permits if required? Public Works? Town Clerk?
Signs - Who will provide, install, and maintain signs for the public? Is that in the Public Works budget?
Is Visit Estes Park going to advertise a new “Park” to the public?
Recreation District involvement - Why did they pull out of the arrangement?
Thank you
Alan Fraundorf
146
11/25/2019 Town of Estes Park Mail - Thumb and Needle
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1651127341993247946&simpl=msg-f%3A16511273419…1/1
Eli Wilson <eliwilson@estes.org>
Thumb and Needle
2 messages
Barry Hannigan <>Sun, Nov 24, 2019 at 4:22 PM
To: publicworks@estes.org
Hello. I am writing to STRONGLY support the acquisition of the property. It is a irreplaceable local treasure and should
be a available to Estes Park residents.
Thank you,
Barry Hannigan
Sent from my iPhone
Eli Wilson <eliwilson@estes.org>Mon, Nov 25, 2019 at 8:28 AM
To: Barry Hannigan <>
Cc: Megan Van Hoozer <mvanhoozer@estes.org>
Hello Barry,
Thank you for contacting the Public Works Department. I will ensure that your support is noted and passed on to the
appropriate parties.
Thank you for being an active citizen,
Eli Wilson
[Quoted text hidden]
--
Eli Wilson
Administrative Assistant I
Public Works
Town of Estes Park
147
11/25/2019 Town of Estes Park Mail - Fwd: Proposed "Thumb Open Space" on Prospect Mountain
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permmsgid=msg-f%3A1651194154616039898&simpl=msg-f%3A16511941546…1/2
Eli Wilson <eliwilson@estes.org>
Fwd: Proposed "Thumb Open Space" on Prospect Mountain
Town Clerk <TownClerk@estes.org>Mon, Nov 25, 2019 at 10:03 AM
To: Trustees <trustees@estes.org>, Travis Machalek <TMACHALEK@estes.org>, Public Works <publicworks@estes.org>
Hello All,
Please see the forwarded public comment received by the Clerk's Office.
Thank you,
Kimberly
Town Clerk's Office
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4777 (p)
970-577-4770 (f)
townclerk@estes.org
---------- Forwarded message ---------
From: Mike & Christine Kellam <>
Date: Fri, Nov 22, 2019 at 4:10 PM
Subject: Proposed "Thumb Open Space" on Prospect Mountain
To: <tmachalek@estes.org>, <townclerk@estes.org>, <Jeffrey.boring@evlandtrust.org>
Cc: <>
I have today received an e-mail from Donna Pierce, including copies of
a.. Letter from new Town Administrator Travis Machalek
b.. Letter from Town of Estes Park to Neighbors of Proposed "Thumb Open
Space" on Prospect Mountain
c.. "Thumb Open Space" Proposal - a collaboration of the Town of Estes
Park and Estes Valley Land Trust (EVLT)
together with Donna Pierce's comments regarding her understanding of the
project and expressing some concerns as a nearby property owner and
occasional user of the trails in the proposed project area.
Although I am not located immediately adjacent to the proposed project, I
have lived in the shadow of Prospect Mountain for nearly three decades on
property with which I have had a connection since the mid-1960's. Change is
filled with unknowns, and I am sympathetic and understanding of Ms. Pierce's
concerns for possible negative impact of the project. While change may
bring positives as well as negatives, often the only way to assess which
occurs, is in hindsight.
After four decades in Real Estate, I have seen positives and negatives, but
have remained steadfastly against "paving over the whole world". Of all the
places I have lived, I have been in the Estes Valley the longest and intend
it to be my final destination.
Having worked with the Estes Valley Land Trust in connection with several
conservation easements, and with the Town of Estes Park in connection with
the Knoll-Willows project, I believe that the open spaces thereby preserved
have produced an overwhelmingly positive result in preserving the character
148
11/25/2019 Town of Estes Park Mail - Fwd: Proposed "Thumb Open Space" on Prospect Mountain
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permmsgid=msg-f%3A1651194154616039898&simpl=msg-f%3A16511941546…2/2
of the Estes Valley and the overall quality of life for our residents and
visitors.
From the plans I have seen in Ms. Pierce's communication, it appears that
this project will be positive overall to the Estes Valley and I favor it. I
believe that adjacent property owners will adjust to it, and, in hindsight,
will consider it a positive development.
Michael Kellam
149
Prospect Highlands Homeowners Association
Teri Babcock, Secretary
201 Curry Drive
Estes Park, CO 80517
(970) 586-7799
November 26, 2019
Madison Brannigan
Great Outdoors Colorado
1900 Grant Street, Suite 725
Denver, CO 80203
Re: Thumb Open Space Project Received from Town of Estes Park
Dear Ms. Brannigan:
Attached are opposition letters from several of the 12 landowners on Curry Drive who will be
directly affected by the proposed changes to the four conservation easements adjoining our
properties. These letters were sent to the Estes Park Board of Trustees, the Mayor, and Town
Administrator but were not attached to the original GOCO Thumb Open Space application.
Additional comments:
“In 2019, we have an opportunity to amend these conservation easements, dissolve all
development right and permit public access.”—page 66 of the application
Is there a possible legal question whether the Land Trust and owners can change the approved,
perpetual, existing Land Trust Conservation Easement on these properties when nothing has
changed. In reading the easements, there would need to be numerous amendments.
“Property will be sold for residential development”—page 68 of the application
The easement which allows for one house within a two-acre building site on 32 acres is not a
residential development.
“ADA accessibility is also a priority for the Thumb Open Space”—page 69 of the application.
This is desirable for any park but not feasible on this piece of property because of the topography
of the land.
“Public ownership, frequent patrolling, fencing and signage will prevent these destructive
activities from occurring.”—page 67 of the application
Specifically, who will manage and maintain this property? What will the level of this
management consist of? Does the police force have enough budget to add this to their duties?
150
Additional unanswered questions:
•How will conservation of the natural habitat be improved by encouraging additional foot
traffic and trash left by careless hikers?
•Will restroom facilities be available or will visitors need to fend for themselves?
•How will parking in the area be impacted and who will enforce potential issues?
•The lots on Curry Drive are required to have routine rock fall surveys performed. Will
the Town be required to do routine rock fall surveys on the property above Curry Drive
lots?
•How will trespassing onto adjoining homeowners properties be controlled and by whom?
This also includes a concern about climbers or hikers disturbing loose rocks not in
designated climbing areas and hurting themselves or damaging the property below.
More certainty about many details is needed before this should proceed. Because of the
complexity of the scope of this proposal, we request an onsite inspection by the GOCO Grant
committee.
Sincerely,
The home/lot owners on Curry Drive
Jon and Lora Davis
Greg and Marie Cross
Kim Zare
Rich and Teri Babcock
Jerry and Connie Kennedy
Ron and Sharol Little
Bob and Tracy Stoddard
Larry and Jeanne Allen
Alan Fraundorf
Rick and Penny Brisbin
Ann Wise
Stephen Riedlinger
Todd and Lisa Skokan
151
October 16, 2019
PRIVATE To the Estes Park Board of Trustees
RE: Opposition to town's purchase of land on Prospect Mtn.
We are strongly opposed to the use of taxpayer dollars to purchase what has been
called The Thumb Open Space. Please do not include monies for this purchase in the budget,
and vote against the creation of this new town park.
As we understand it, years ago, Curry and Solomon LLC, Central Administrators and Neil
Solomon agreed to place conservation easements on 65.2 acres of land on the south side of
Prospect Mountain. This land was placed into trust and for management by the Estes Valley
Land Trust (EVL 1). Now, EVL T seemingly acting as a real estate broker for the private
landowners, wants the town to spend additional taxpayer money to purchase this already
protected land, and already-publicly accessible trail, and also change the conservation
easements.
This purchase would have many negative public impacts:
•This purchase is an unnecessary waste of hundreds of thousands of tax dollars to
purchase already-conserved and protected land that is currently used for public
recreation without added cost to the town.
•This purchase would not be a one-time expense, but a significant new, recurring town
expe nse for upkeep, improvements, sanitation, garbage clean up and regular, on-going
policing.
•This purchase would unnecessarily shift to the town, the management effort and the
recurring expenses for property that is already managed by the EVLT, the designated
conservation easement management organization.
•This purchase would not remove private property at risk of development in order to
preserve it for recreation; the property is already preserved for recreation and open
space.
•The existing easements allow for the construction of one house, and we have always
known about this. That's OK! We have no objection to this low-impact use. This use
would be far, far less disruptive to wildlife while also continuing the preservation and
conservation of the area.
•Changing this protected land into a large town park will harm the abundant wildlife on
Prospect Mountain we see most every day here. That's just logical, and if that
conclusion is in doubt, the town should do a wildlife impact study of the area before
committing to this project. The suggestion that building a town park with near-certain
1
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152
increased human usage, will somehow improve wildlife habitat is counterintuitive. In
addition to the humans, the presence of more dogs--many not on a leash as is currently
occurring--wiU disturb the diverse wildlife.
•There is a high likelihood of illegal parking and auto accidents with the greatly increased
traffic and visitors in the summer.
A new town park would be signed, and locatable on the internet by tourists. This would
result in higher usage, particularly in high-visitation months. Assuming the new park would be
accessible without paying a fee, tourists looking for places to hike and avoid paying S30-S70 to
enter RMNP would fill the small parking lot, as now occurs with the much larger lots at lily
Lake. It is misleading to suggest that the parking area could be easily expanded, as this would
require, as we understand it, a very long approval process, with environmental impact
statements and such, involving federal agencies.
The EVL Tis misrepresenting many aspects of this proposed project. Their uupdate"
letter dated October 3, 2019, to the HOA states that the town needs to purchase these acres to
"prohibit the construction of any structures" and that the neighbors "would hate to see any
development of the property." This is wildly misleading, because the existing easements
specifically allow only ONE home to be constructed, and no one we know objects to the
construction of this one home.
Though a representative of the EVL T did meet with some HOA members, he could
answer very few of the questions asked, and there are a great many unanswered questions
about this proposal that merit serious study and consideration by the town. This is a large
project, a major acquisition that should not be rushed. Our tax dollars should not be
committed, while there are numerous outstanding questions:
If the town purchases this property and creates the first town park of this type and
scale, what will be the short and long-term impacts to the town budget?
Has the town estimated how much it will cost to build the trail, parking, signage and
other improvements? If so, what is the amount and how was it estimated? How will it
be funded?
Has the town projected all recurring costs, with inflation, each year, and for the next 10
years, for policing, trash pic k up, sanitation, and trail maintenance, etc.? How much is
that additional cost to taxpayers and is there an identified, recurring revenue source for
this?
Will the town require dogs to be leashed by owners who use the trails, as at other town
parks? How wiU the town enforce this? What will be this recurring cost of
enforcement?
2
153
With no toilet facility, people will very likely use the rear of the green building at the
parking area as an outdoor toilet area, and leave human waste and used tissues lying
around, as occurs in other hiking areas. How will this public health hazard be handled?
Are funds for regular sanitation clean up being budgeted?
Will the town allow commercial uses of the proposed park? If so, will permits be
required and fees charged? How will this be enforced?
EVL T states that the proposal includes allowing rock climbing, which they say already
occurs, and may be occurring now as a commercial business, too. Will commercial rock
climbing businesses be allowed to take paying customers climbing on the Thumb,
Needle and other rocks? If so, will the town require permits and fees? Who will be
responsible for issuing permits and collecting fees?
Rock climbing is a high-risk activity. What about insurance? If the park owner or
manager promotes or permits rock climbing--whether commercial or non-commercial
will climbers and/or climbing schools and instructors be required to·have medical and
liability insurance? Will the town be liable if someone falls?
Increased hiking and climbing activity will increase the risk of rocks being loosened
which could fall and damage persons, houses or other private property, on Curry Drive,
Peak View or Prospect Mountain Drive homes. Will the town pay for any injuries or
damages?
What will the town do to decrease or prevent these risks? There should be a plan and a
projected cost for this to be implemented.
Will the town obtain a rock fall survey before opening the proposed park for public or
commercial use, and periodically thereafter? Has that cost been considered? What will
be the public cost of ongoing rock fall prevention? Is that budgeted? Is there a revenue
source for all these expenses?
The small amount of parking currently at the public trail head on Peak View Drive will
not be sufficient to handle the demand if it is opened as a public park. First, since there
is no place to turn around, how will the inherent danger of cars regularly backing out
onto Peak View, on a curve, be mitigated? What will this cost?
It can be anticipated that drivers will find no parking at the trail head on Peak View and
instead of leaving, will park at the entrance of Curry Drive, possibly impeding that road.
How will this be prevented and handled?
Only about 4-5 spaces of the current dirt parking area on Peak View Drive are on city
owned property, within the small plot for the water pump house, alongside which the
historic mountain trail begins. The rest of the dirt parking area, the left half, is U.S.
Government (not Reclamation District) property, according to maps and the property
line stakes located there. ELVT does not mention this complication. Will the town have
3
154
to also purchase the rest of the current lot, just to use the referenced 8-10 spaces for
city parking purposes?
EVL T suggests that the parking can be expanded, but applying to federal agencies for
use of federal property for a town park, wHI very likely be a long and expensive process,
involving environmental impact statements and consuming staff time. We see deer
regularly grazing in that area. What will be the cost of this and is that budgeted?
EVL rs letter states that "public ownership and a management plan, to ensure the
property is conserved" is needed to protect the property. Isn't management,
conservation and protection of the property what the EVL T is supposed to already be
doing, as the manager of the property? Isn't that why the property was placed in trust,
and the conservation easements created? Why should the town take over the
responsibility of the EVL T to do this, and also incur a large up-front costs and recurring
annual expenses?
As part of its due diligence, and to avoid what previously occurred with the highly
divisive mountain coaster project, will the Board determine-and timely inform the
public-whether any person or entity associated with the town or the EVL T, including
any person or entity that would be involved in creating, constructing, operating or
maintaining the proposed park, stands to benefit financiaHy if the project is approved?
In sum, this project will have great negative impacts to the Prospect Mountain area
wildlife, land conservation and protection, while costing the town a large up-front expenditure
of taxpayer money, plus recurring annual expenditures of unknown amounts. It will likely create
traffic, garbage, and sanitation problems that do not exist now, or which would be made worse.
Funding for this project should not be included in the town's budget, and the Board should not
vote to purchase this property.
Ann Wise
Stephen Riedlinger
350 Curry Drive property owners
4
155
We have been fuff time residents at 351 Curry Drive since 2005. You have received numerous fetters
from our neighbors on Curry Drive and we agree with the assessments, observations and conclusions
that the city shoutd not use tax payer dolfars to purchase the 65 acres on Prospect Mountain which
would generate no income only yearly expenses. It is already in a conservation easement that protects
the land and the historic trail. The suggested changes by the Estes Valley Land Trust to the 3 parcels of
land on the south side of Prospect Mountain tack common sense. The idea that opening an area to more
public access would better preserve an area that is already in a land trust defies logic.
Numerous questions were raised at the meeting that the homeowners had with the representatives of
the Land Trust which have not been fully answered. We strongly disagree with their concern that
building one single family home located on 2 acres within the 32 acre parcel would disrupt the wildlife.
Other concerns we have are parking, trash, hikers and dogs on our private property, just to name a few.
This area has been a place where people that live in Estes can hike the historic trail which is preserved in
the easement without too much congestion. Let's keep it that way.
We appreciate your consideration in this matter. We ask you not to include the proposed purchase of
this ground in the town budget
Rick and Penny Brisbin
586-3289
---------------------------------�-----------------
156
Board of Trustees
In the near future, I believe the Town Board will be presented with a proposal to contribute to a
purchase of 65 acres of land on the south side of Prospect Mountain. This area includes the "Thumb
and Needle". The proposal involves several parcels, which are primarily above Curry Drive.
The current owners ot the parcels are Curry and Solomon LLC, Central Administrators, and Neil Solomon
(all the same entity).
The parcels are all covered today by a conservation easement, managed by the Estes Valley Land Trust.
The public uses the area freely now.
There is a "historic trail"', which is on the recorded plat, which transverses some of the parcels (including
private property along Curry Drive -Lot 1). This rough trail itself must be open to the public (as it is
today).
The Land Trust is requesting the Town contribute to purchasing several parcels, then making many
changes the conservation easement to allow improvement.,; (which are currently prohibited). The
current conservation easement language indicates numerous times the current allowed uses are
permanent, but does allow the owner and the Land Trust to make changes (under certain conditions).
One parcel, the left/west most parcel, allows 1 single family home to be built. On the recorded plat, this
is called Lot 13, 32.98 acres and states: "Reserved for future development of one single family
residence". This language is also in the current conservation easement.
It appears the rationale the Land Trust is using, is that IF someone bought that left/west most parcel,
and built a home, it would ruin the entire mountainside. This rationale has no merit in my view. The
entire mountain side is filled with wildlife. One home would not destroy that.
For the Town to invest our tax dollars, to purchase property, on a bet that someday in the future
someone else may purchase the left/west most parcel and build a home, and that home would destroy
the character of the mountainside, makes no sense. For the Town to participate in taking parcels which
are already in a protective conservation easement and turn them into a public park (with potential injury
liabilities, parking and maintenance responsibilities), does not seem appropriate to me. It would seem
the Town's investments and ongoing expense shouid be in other areas where many residents of all ages
and abilities could use the land.
My advice is to not endorse this proposal.
Thank you
Alan Fraundorf
335 Curry Drive
157
We are homeowners living on Curry Drive for 10 years. We have heard that the Town
Board will be asked to contribute to the purchase of 65 acres of land on the south side of
Prospect Mountain. We do not feel this would be a wise purchase or use of our tax dollars.
One reason given for the City purchasing this land is to protect the wildlife here by making
it impossible for a future house to be built on the NW edge of the 65 acres. The wildlife we
see each day are not affected by the houses here and one more house (if built) would not
deter the deer, bobcats, herds of elk, marmots, coyotes, and the occasional bear from being
in the area.
However, encouraging more climbers, and hikers, some with their dogs couid scare the
wildlife.
Of more concern to us is the very rutted unmaintained dirt "service road" extension of
Curry Drive. From our dining room vantage point, almost daily we see vehicles driving
slowly up the road and we know they do not mean to be there. Some keep on driving and
turn around near the locked gate at the Private Property sign. Others slowly turn around
doing a multiple point turn. The most concerning to watch are those who slowly back
down, some with help from passengers who have gotten out of the car. Yesterday in a short
time, we saw 3 vehicles mistakenly go up the road and the one who backed down took 10
minutes even with a spotter helping.
A sign at our cluster mailboxes a quarter mile away saying "No Outlet" deters no one. At
the very least, a sign where the road turns to dirt saying "No houses beyond this point'' or
better yet, a gate would help keep people out of these dangerous driving situations.
We believe the historic trail as accessed from Peak View is sufficient and does not need to
be expanded. It allows access to climbers and hikers without further taxpayer expense.
Please do not approve this proposal.
Jeanne and Larry Allen
303 Curry Drive
Estes Park
970-586-4209
158
Date: November 2, 2019
To: City Council Members
From: Ron and Sharol Little
253 Curry Drive
Estes Park, CO 80517
Re: Proposal -Thumb Park, Upcoming Prospect Mountain Proposal
As one of the twelve homeowners In Prospect Highlands, we ask that you deny approval tor the Thumb
Park proposal. We have read the letters from other homeowners telling you many reasons for this
stance; however, we would like to add several others that speak to the safety and security of our
residents and the town of Estes Park.
1.Geological Hazards
The Prospect Highlands subdIvIsIon consists of 12 developed lots covering about 12 acres along the
lower portion of the south of slopes of Prospect Mountain where the slopes begin to lessen. Homes have
been built on nine of the lots (3, 4, 6, 7, 8, 9, 10, 11 & 12), leaving lots 1, 2, and 5 still vacant The
homeowners association has been in existence for over 10 years.
One of the issues that the HOA has wrestled with has been the rock and slope review of our land. We live
on a slope with an abundance of huge boulders, broken rocks and angles of outcropping of rocks with
sharpness and angles that could displace, degrade, or move. The HOA finances a geologic survey that
has given periodic assessment updates of the slope stability of the acreage. The reports have stated that
these features have potential for developing into a serious rock fall situation. We have closely monitored
our acreage, however, the reports have stated that overhanging rocks are probable rock fall features of
concern and should be monitored. Even though the reports have not shown danger to the houses, "there
is no way to predict when these rocks will falt but the weathering process wHl eventually bring them
down." With increased usage and traffic this could change everything.
2.Dumping of trash
The Curry Drive road is a dead end street with signage that states "no outlet." It seems to attract those
who bring truckloads of large trash that include refrigerators, mattress, couches, a stove and many bags
of trash. We frequently remove these items at the entrance to gate to the old road. Increased traffic will
only add to this situation.
3.Hikers and climbers on private land
All homeowners have reported frequent hikers on their land. They climb rocks, have picnics, and even
camp overnight. Just last month I walked out my back door and found hikers climbing our rocks within
50' of our house with mattresses below. What will an open door policy bring to our mountain? Do we
need to build a wall?
We believe that this historical trail should remain as it is. Please do not approve this proposal.
Ron and Sharol Little
253 Curry Dr
Estes Park, Co 80517
Littlers24@yahoo.com
970-586-4792 -land
970-370-3448 -Ron Cell
970-370-3449 -Sharoi Cetl
159
To our town officials:
We are homeowners living on Curry Drive since 2006. We understand the Town Board will be presented
with a proposal to contribute to a purchase of 65 acres of land on the south side of Prospect Mountain
and wish you to understand our position on that.
The Land Trust indicates they are concerned that one home on the northwest edge of the 65 acres will
negatively affect the wildlife on a Prospect Mountain. We have significant wildlife near our home all the
time and know that they are not affected by the homes on our street. Bobcats, chipmunks, marmots,
deer and elk with their young ones, ermine, bears, and even a mountain lion traverse our property
unconcerned with us being here. We are totally convinced that one house near the edge of 65 acres
would have absolutely no negative affe,ct on the wUdlifo on Prospect IVlountatn.
We have seen what happens, though, when dogs are around-they very much affect the wildlife. The
historic trail and the Thumb area are open and available for use by hikers, and many bring their dogs as
they aren't allowed on RMNP trails. Promoting more access to the area behind our homes to hikers
with their dogs would be a very poor decision if the purpose in doing so is to protect the wildlife. In
addition to disturbing the wildlife, those human visitors as well as their pets would litter the area with
waste and trash as we also understand there will be no public restrooms available to hikers.
We live toward the west end of Curry Drive and currently have trespassers on our property every year
who drift off the existing historic trail and choose to climb the rocks on our property. We have private
property signs at the north edge of our property, but they are ignored. Those trespassing are usually
courteous when we ask them to leave, but we shouldn't have to do that. We don't want the liability for
anyone who would trespass and, if there are more people encouraged to use the existing trail or more
trails are added, it wiH increase the chances that they will.
We don't understand why the Town would want to be a part of an endeavor that would cost hundreds
of thousands of our dollars, bring in no income, is not needed as there is already a great and often used
historic trail in place, and would negatively impact the wildlife on Prospect Mountain far, far more than
a solitary home on one end of the property.
We are asking that you do not approve of this proposal. Thank you.
Rich and Teri Babcock
201 Curry Drive
Estes Park, CO 80517
(970)586-7799
160
11/27/2019 Town of Estes Park Mail - Proposed Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1651271106307867634&simpl=msg-f%3A16512711063…1/1
Eli Wilson <eliwilson@estes.org>
Proposed Thumb Open Space
1 message
'Raftcolorado' via Public Works <publicworks@estes.org>Tue, Nov 26, 2019 at 6:27 AM
Reply-To: Raftcolorado <>
To: publicworks@estes.org
I am surprised the town wants to spend this much money for such a small benefit for a few. It seems like such a large
expense to open such a small area. There are already so many hiking and climbing areas - why open up this small area
so close to private citizens?
We live on Prospect Mountain Drive above the last tight switchback. We already have hikers/campers parking on that
switchback when they hike this area. We have posted no parking signs which has reduced the illegal parking. But when
they do park there, emergency vehicles do not have access to the homes above because it is a tight switchback. Will this
be monitored by the town and vehicles removed?
We also already have campers camping on private property. Opening up this adjacent area to public/commercial use will
only increase awareness of our properties and increase unauthorized camping. We have been lucky so far that campfires
haven’t started wildfires as has happened in other areas. It’s just a matter of time.
How will these issues be managed by the town? Or do we as property owners bear the burden of increased security and
safety measures?
So much expense to benefit a very small segment of the community. Seems there would be many other areas where that
expense would benefit a larger group of citizens.
Deb Carpenter
161
12/2/2019 Town of Estes Park Mail - Thumb Open Space
https://mail.google.com/mail/u/0?ik=2e92623984&view=pt&search=all&permthid=thread-f%3A1651736701775003714&simpl=msg-f%3A16517367017…1/1
Eli Wilson <eliwilson@estes.org>
Thumb Open Space
1 message
Grant Delbecq <>Sun, Dec 1, 2019 at 9:47 AM
To: "publicworks@estes.org" <publicworks@estes.org>
Cc: Carol <>
I live at , this location is just below the gate to the tram property on Curry lane. We will not be able to
attend upcoming meetings.
I have few concerns/questions regarding the plan for the open space:
Where will the parking go?
What will the hours of operation be? Sound travels and night visitors are heard currently.
How will visitors be restricted to the space when not open?
How will boundaries for the property be marked? People have come onto our property.
What will trash service be, (i.e. locations and pick up frequency)? People illegally dump trash at and below gate currently.
I appreciate the Estes desire to provide access and opportunity to enjoy unique mountain experience.
Best
Grant & Carol Delbecq
162
Agenda:
TOWN OF ESTES PARK_
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff}
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
Any general comments or outstanding questions? (staff will respond to your questions)
163
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TOWN or ESTES P�
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
Agenda:
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
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Agenda:
H. TOWN OF ESTES PAllK._
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
1.Meeting introduction {Estes Valley Restorative Justice Partnership facilitators}
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust}
3.Facilitated conversation
4.Closing remarks and next steps in proposal process {facilitators and staff)
Please complete this feedback form for the record:
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Physical address:
Email: Phone:
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
Any general comments or outstanding questions? (staff will respond to your questions)
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Agenda:
D. TOWN OF ESTES P�
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record:
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Physical address: Jno ciA-,,..,,'f br-
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Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org .
166
D. TOWN OF ESTES PAllK_
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
Agenda:
1.Meeting introduction {Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
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TOWN OF EST.ES PARK_
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
Agenda:
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
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What should be the Town's and land Trust's primary considerations as this proposal is considered?
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168
Agenda:
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hall•
Room 100, or email pubficworks@estes.org.
Name: ff, L,J/JL Physical address: 3 560/4 �
Email: Phone:
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169
Agenda:
g_ TOWN or ESTES PAI�
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation (staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete this feedback form for the record: Return to a staff member, to Town Hal/ -
Room 100, or email publicworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered? w� i,0:#� ,,,�4i-� � �(/li!� �
M-�M�(�}� ..
Any general comments or outstanding questions? (staff will respond to your questions)
170
D. TOWN OF ESTES P.AilK_
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
Agenda:
1.Meeting introduction {Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation {staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process {facilitators and staff)
Please complete this feedback form for the record:
Physical address:
Email: Phone: ecfc11in:JS 0 J?[;J e-11/nj so;; l:P,L/0,"-7
Return to a staff member, to Town Hal/ -
Room 100, or email pubficworks@estes.org.
What should be the Town's and Land Trust's primary considerations as this proposal is considered?
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Any general comments or outstanding questions? (staff will respond to your questions)
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171
TOWN OF ESTES PARK_
Proposed Thumb Open Space
Community meeting
Dec. 3, 2019 at 4:30 p.m.
Agenda:
1.Meeting introduction (Estes Valley Restorative Justice Partnership facilitators)
2.Overview presentation {staff from the Town of Estes Park and Estes Valley Land Trust)
3.Facilitated conversation
4.Closing remarks and next steps in proposal process (facilitators and staff)
Please complete th is feedback form for the record:
Physical address:
i, t,) (V\..�\{ CAA.'.
Return to a staff member, to Town Hall -
Room 100, or email publicworks@estes.org.
Email: \ , \ e Phone:
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What should be the Town's and Land Trust's primary considerations as this proposal is considered?
Any general comments or outstanding questions? (staff will respond to your questions)
172
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173
/
Travis Machalek <tmachalek@estes.org>
"Thumb/Needle" on south side Prospect Mtn
1 message
Wed, Dec 4, 2019 at 1:06 AM
To: townclerk@estes.org, tmachalek@estes.org, Jeffrey.boring@evlandtrust.org, publicworks@estes.org
Dec 4, 2019
PRIVATE for specific contact info, please.
TO: Estes Park Town Officials (Jackie, please/thanks distribute)
Travis Machalek
Estes Public Works (please/thanks distribute if appropriate)
Estes Valley Land Trust (Jeffrey Boring)
FROM: Sandy Lindquist (also a member of Estes Valley Land Trust)
Estes Park south side home owner and full-time resident
1980 Cherokee Drive
RE: Thumb/Needle area on south side of Prospect Mtn.
Thank you for the Town Hall info meeting on Dec 3. And thanks if you can mask my specific contact information from
public record. I've used the Peak View trail entry to ascend/descend Prospect Mtn some years ago but have not been
directly around the Thumb/Needle.
Initial thoughts follow.
1. The Estes Valley "bowl" south of Prospect Mtn and west/north of Highway 7 (S. St. Vrain) comprises quiet residential
neighborhoods except ONLY for the commercial Marys Lake properties/campground, the Taharaa Lodge, and a few churches
along Hwy 7.
2. There is a MAJOR difference between locals occasionally using an unpromoted outdoor natural area in limited doses and
groups of visitors swarming over a marketed locale with easy access. Human use of this proposed open space has been fairly
light and sparse (thus, pleasant), like Lily Lake and Gem Lake USED to be. Thumb/Needle ought not become an overused
public climbing Mecca in this residential area when there are numerous excellent climbing locales NOT adjacent to residences.
3. I've lived 12+ years on a north-facing hillside south of Prospect Mtn; south across the Marys Lake NE drainage swale; and
north of Hwy 7 -- approximately 3/4 miles directly SSW of the Thumb across open-air space.
4.Sound carries in this sub-valley. In addition to hearing gathered people conversing outdoors in normal speaking volumes
over much of this visible area, I've also heard people (perhaps even just two, and at normal speaking volumes) climbing Thumb
in the past from this 3/4 mile distance. This Prospect Mtn south-side area is best for foot traffic only, IMO. Obviously no
motors. Leave no trace rules. Even mountain biking (with necessarily loud conversations) and larger-group activities definitely
would add a negative noise overprint to residential homes here -- over a much larger area than normally considered because of
these acoustics.
174
/
5.I DON'T support ANY COMMERCIAL activity -- or promotion thereof -- added into this residential area and onto the
south side of Prospect Mtn. There is plenty of space for such active-use recreation in the surrounding National Park and
National Forest -- and within the already so-developed Valley areas. Quiet, private, on-trail-only hiking could be relatively non-
intrusive to Prospect Mtn human/animal residents and not overly dangerous to adjacent homes, particularly if posted(?) for no-
smoking, no rock-rolling, and vegetation protection/restoration.
6.I DON'T support encouragement for TOURIST usage of this open space within this E- to RE-zoned region. Thus, I have
qualms about visible "improved parking and restroom addition." If this open area were to be "improved," it also would be
necessary to prevent on-street parking on Peak View and on the east/west adjacent neighborhood roads.
7. Perhaps time/day limitations on climbing usage (formal permitting use only?) could prevent overuse.
8.Posting "no public access" or "residents only" onto the Curry Drive entry, gating Curry Drive at its eastern pavement end,
and posting Curry north-side private property boundaries would be good ideas even with no Town purchase/improvements.
175
D Town of Estes Park
SIGN-IN SHEET FOR PUBLIC COMMENT
The Town of Estes Park Council encourages residents of the community to attend Town
Board meetings. Individuals wishing to be heard during Public Comment proceedings are
encouraged to be prepared and will generally be limited to three (3) minutes in order to allow
everyone the opportunity to be heard. Public Comments are expected to be constructive.
Written comments are welcome and should be given to the Town Clerk prior to the start of
the meeting.
Town Board Meeting December 10, 2019
ACTION ITEM #2 -RESOLUTION 46-19 SUPPORTING THE GRANT APPLICATION FOR A
LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE
BOARD OF THE GREAT OUTDOORS COLORADO TR UST FUND AND THE
COMPLETION OF THE THUMB OPEN SPACE.
NAME PLEASE PRINT STREET ADDRESS
3o3 2 303 C\\.rr
3
4
5
6
7
9
11
12
13
14
F-FOR
A-AGAINST
A
F
F
T
F F
F
176
TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 10, 2019
RE: Resolution 47-19 – Officially Scheduling Regular Municipal Election – April
7, 2020
Objective:
To officially set the next regular Municipal Election on April 7, 2020 per State Statute,
determine election method (poll vs. mail ballot) and identify the Town Clerk as the
Designated Election Official.
Present Situation:
The Municipal Election Code provides that all regular elections in statutory towns shall
be held on the first Tuesday of April in each even-numbered year. As a statutory town,
Estes Park must comply with the statues outlined in Title 31 Article 10.
In the past few elections the Town has held mail ballot elections due the number of
permanent mail ballot voters and the higher turnout experienced (20-30% for poll vs 50-
60% for mail).
Proposal:
The Resolution would set the election for April 7, 2020 as a mail ballot election and
designate the Town Clerk as the Designated Election Official for the Town of Estes Park,
thereby giving authority to complete all aspects of the Municipal Election, including the
appointment of election judges. Electronic equipment would be rented from Dominion
Voting to count the ballots. Dominion would also be used to set up the ballot layout for the
printer.
Advantages:
Provides the Town Clerk the authority to perform all aspects of the election.
Disadvantages:
None.
Action Recommended:
Approval of Resolution 47-19 setting the regular Municipal Election for April 7, 2020.
57
177
Finance/Resource Impact:
The cost is estimated at $20,000 in fixed costs budgeted for the election in the Town
Clerk fund. This does not include staff time.
Level of Public Interest:
Low.
Sample Motion:
I move to approve/deny Resolution 47-19.
Attachments:
Resolution 47-19
58
178
RESOLUTION 47-19
A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF ESTES
PARK, COLORADO, DIRECTING THE TOWN CLERK TO CONDUCT THE
REGULAR MUNICIPAL ELECTION, SCHEDULED FOR APRIL 7, 2020, AS A MAIL
BALLOT ELECTION AND AUTHORIZING THE TOWN CLERK TO APPOINT
ELECTION JUDGES
WHEREAS, by the Statutes of the State of Colorado, the 7th day of April, 2020 is
fixed as the time for a regular municipal election to elect the Mayor and three Trustees.
WHEREAS, it is the duty of the Board of Trustees to provide for the holding of
such an election; and
WHEREAS, it is the decision of the Town Board by the adoption of this
Resolution to hold the Regular Municipal election of April 7, 2020 by mail ballot pursuant
to the provisions of Section 31-10-907 – 31-10-913 C.R.S.; and
WHEREAS, Section 31-10-401, C.R.S., 1973, allows the Board of Trustees to
delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the
Judges of Election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1. That pursuant to the provisions of Sections 31-10-907 – 31-10-913 C.R.S. the
Municipal Election of April 7, 2020 shall be a mail ballot election.
2. That Jackie Williamson, Town Clerk be and is hereby appointed as the
Designated Election Official for the Town of Estes Park for the conduct of this
mail ballot election.
3. There shall be one (1) precinct for this mail ballot election. The mail ballot
location for said precinct shall be the Estes Park Town Hall, 170 MacGregor
Avenue, Estes Park, Colorado 80517.
4. To be eligible to vote in this regular mail ballot election, a person must be at least
eighteen (18) years of age, a resident of the town, and has resided in the State of
Colorado for twenty-two (22) days immediately preceding the election pursuant to
C.R.S. §31-10-2019(1)(b).
5. An electronic voting system shall be used in the Special Election and the Town
Clerk is hereby authorized and directed to perform all acts and functions
necessary for the use of such electronic voting system as required by the laws of
the State of Colorado pertaining thereto.
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179
6. Pursuant to C.R.S. §31-10-401, the Designated Election Official is hereby
delegated the authority and responsibility to appoint judges of the election at
least fifteen (15) days before the Election Day.
7. The Judges of Election shall receive for their services the sum of $14 per hour.
8.The Designated Election Official shall establish the form of the regular mail
election ballot.
9. The Town Clerk shall, at the expense of the Town, arrange for such materials
and supplies for such election as may be necessary.
DATED this day of 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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180
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on ACTION ITEM 4.
ORDINANCE 33-19 AUTHORIZING THE TOWN OF ESTES PARK TO LEASE
A PORTION OF STANLEY PARK TO THE ESTES VALLEY RECREATION
AND PARK DISTRICT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the application.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
Ordinance. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the Ordinance which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
Ordinance.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
181
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
182
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Machalek and Town Attorney Kramer
Date: December 10, 2019
RE: Ordinance 33-19 Authorizing the Town of Estes Park to Lease a Portion of
Stanley Park to the Estes Valley Recreation and Park District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of a Lease Agreement between the Estes Valley Recreation
and Park District (EVRPD) and the Town of Estes Park (Town).
Present Situation:
The Town currently leases approximately 27 acres of Stanley Park to the Estes Valley
Recreation and Park District for the construction, maintenance, and operation of
recreation facilities. The current Lease is expiring and must be renewed if this
arrangement is to continue.
Proposal:
The proposed Lease Agreement is substantially similar to the existing agreement
between the Town and EVRPD. Key provisions include:
Use of the property may not violate the terms and conditions of the Deed from
F.O. Stanley (Section 2);
The term of the Lease Agreement is 10 years, expiring at the end of 2029
(Section 3); and
No rent is payable for the leasing of the premises (Section 4).
Advantages:
Continues the current relationship between the Town and EVRPD for provision of
public recreation opportunities at Stanley Park.
Disadvantages:
None
Action Recommended:
Staff recommends approval of the ordinance.
61
183
Finance/Resource Impact:
N/A
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Ordinance 33-19.
Attachments:
Ordinance Approving Lease Agreement
Lease Agreement
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184
ORDINANCE NO. 33-19
AN ORDINANCE AUTHORIZING THE TOWN OF ESTES PARK
TO LEASE A PORTION OF THE REAL PROPERTY KNOWN AS
STANLEY PARK (THE PREMISES)
TO THE ESTES VALLEY RECREATION AND PARK DISTRICT (TENANT)
WHEREAS, Colorado Revised Statutes, § 31-15-713, requires that all leases of
municipal property for more than one year be in the public interest and approved by
ordinance; and
WHEREAS, the Tenant described above desires to lease the Premises described
above, from the Town, for recreation purposes; and
WHEREAS, the Town Board finds that leasing the Premises for the stated
purposes is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: The Town Board authorizes the Mayor to sign a lease in a form
substantially as that now before the Board, for the Premises, to the Tenant.
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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185
I hereby certify that the above Ordinance was introduced 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
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186
LEASE AGREEMENT
THIS LEASE AGREEMENT (this “Lease” or “Lease Agreement”) is effective this
_________ day of _________, 2019, between the TOWN OF ESTES PARK, COLORADO
(Lessor) and the ESTES VALLEY RECREATION AND PARK DISTRICT (Lessee).
WHEREAS, the Lessor and Lessee previously entered a lease agreement on March 30,
2010, and that lease agreement was amended on February 9, 2016 (collectively, “Prior Lease”),
and
WHEREAS, the parties desire to continue that lease relationship beyond the expiration
of the Prior Lease,
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. LEASE OF PREMISES
The Lessor does hereby lease to the Lessee, approximately twenty-seven (27)
acres of property in the Stanley Park Fairground recreation area, located in the Town
of Estes Park, Colorado (the “premises”) more fully described as follows:
A part of Stanley Park in the Southeast quarter (SE¼) of the Northeast quarter
(NE¼) and the Northeast quarter (NE¼) of the Southeast quarter (SE¼) of
Section Thirty (30), Township Five (5) North, Range Seventy-two (72) West of
the Sixth Principal Meridian, described as follows: beginning at the East quarter
corner of Section Thirty (30); thence South 0°24' East a distance of 572 feet;
thence North 89°11' West a distance of 947 feet; thence North 7°52' West a
distance of 1454.8 feet to the South right-of-way line of State Highway #66;
thence South 80°18' East a distance of 278 feet to Southwest traverse line of
Lake Estes angle point 116 ; thence South 52°50' East a distance of 570 feet;
thence South 77°10' East a distance of 373 feet to the East line of Section Thirty
(30); thence South 1°24' West a distance of 332.4 feet to the point of beginning,
containing 27.24 acres, more or less.
2. USE
The Lessee shall, during the term of the Lease and any renewal or extension
thereof, construct, maintain, and operate recreation facilities upon the premises. The
Lessee shall not construct any structures nor undergo any significant excavation
work on the premises without the specific written permission of the Town which will
not be unreasonably withheld. All structures currently on the premises as of the
effective date of this Lease shall be deemed to have been approved by the Town.
Lessee understands and agrees that in the use of the premises, Lessee shall not
violate the terms and conditions of the Deed from F.O. Stanley to Lessor dated
August 14, 1936, as follows:
“The above described land is hereby conveyed to the said Town of Estes
Park for use by said Town solely as a public park and recreation grounds.
The Town shall have full control and use of the said premises for such
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purposes and may improve and beautify said lands to carry out such
purposes. The Town may construct such improvements thereon as said
Town may deem necessary and proper for the carrying out of the
purposes herein specified. The Town may permit such lands be used for
public entertainment upon such terms and conditions and for such rental
as it may deem proper.”
Lessee shall have the right to rent, sub-lease, or grant concessions to any third
party for all or a portion of the premises so long as the use complies with the above
stated deed restriction and Town approval process, and is subject to Section 13
herein. All renters, sublessees, or concession grantees shall be required to maintain
liability insurance set forth in Section 5 of this Lease Agreement, including naming
Lessor as an additional insured on the policy or policies.
Lessee shall commit no act of waste and shall take good care of the premises
and shall, in the use and occupancy of the premises conform to all federal, state, and
Town laws, orders, and regulations.
3. TERM
The term of this lease shall be for a ten- (10-) year period commencing on the
first day of January 2020 and ending on the 31st day of December 2029.
4. RENT
There shall be no rent payable for leasing of the premises.
5. LIABILITY INSURANCE
The Lessee shall maintain in full force and effect, at Lessee’s sole expense, a
policy or policies of general liability and auto liability insurance in the amount of no
less than Five Million Dollars ($5,000,000) per claim/occurrence covering the
premises, all structures thereon, and all uses therein. Lessee shall have Lessor
included as an “Additional Insured” on said policy. Within thirty days after execution
of this Lease Agreement and annually thereafter, within thirty days of the renewal of
said policy or policies, Lessee shall cause to be provided to Lessor a Certificate of
Insurance evidencing such coverage and such “Additional Insured” status. Lessee
shall also require any sublessee of the premises, or of any structures thereon of any
portion thereof, to meet the requirements of this paragraph.
Lessee shall carry Property Coverage for all structures and contents within the
premises. Lessee shall include Lessor as a loss payee on such coverage as the
respective interests of Lessor and Lessee may appear. Within thirty days after
execution of this Lease Agreement and annually thereafter, within thirty days of the
renewal of said policy or policies, Lessee shall cause to be provided to Lessor a
Certificate of Insurance evidencing such coverage and such loss payee status.
Lessee shall maintain workers’ compensation insurance coverage during the
term of this Lease Agreement in compliance with the Colorado Workers’
Compensation Law. Lessee shall also require that all independent contractors
providing any labor or services with respect to the premises and structures thereon
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maintain workers’ compensation insurance coverage in accordance with the
Colorado Workers’ Compensation Law.
6. GOVERNMENTAL IMMUNITY
The parties understand and agree that the parties are relying on, and do not
waive or intend to waive by any provision of this Lease Agreement, the monetary
limitations (presently $387,000 per person and $1,093,000 per occurrence) or any
rights, immunities, and protections provided by the Colorado Governmental Immunity
Act, Section 24-10-101, et seq. C.R.S., as from time to time amended or otherwise
available to the parties or any of their officers, agents, or employees.
7. INDEMNITY
To the extent permitted by law, each Party agrees to indemnify, hold harmless,
and defend the other Party, its officers, agents, and employees, from and against all
liability for any and all claims, liens, suits, demands, or action for damages, injuries to
persons, including death, property damage, including loss of use, and expenses,
including court costs and reasonable attorneys’ fees arising out of or resulting from
the first Party’s intentional or negligent actions and/or omissions with respect to the
premises and structures thereon and/or uses thereof under the terms and conditions
of this Lease Agreement. Lessee shall include in any sublease of any portion of the
premises or structures thereof or portions thereof an indemnification requirement
reflecting the requirements of this paragraph.
8. CONDITION OF SITE
During the term of this lease and any renewal term, the Lessee shall be
responsible for any and all damages to the premises caused by, or attributed to, any
actions by the Lessee or its users.
9. TERMINATION
Lessee for whatever reason it determines in its sole and absolute discretion, may
terminate this Lease by giving Lessor notice in writing of its intent to terminate on or
before September 1 of any calendar year with the termination effective December 31
of that calendar year.
Upon termination of this Lease Agreement, Lessee shall be entitled to remove all
of its personal property including all structures erected on the premises if the same
can be removed without damaging Lessor’s underlying property. In the event that
any structure erected on the premises cannot be removed by Lessee without
damage to Lessor’s underlying property, said structure shall remain on the premises
upon termination of this Lease.
10. NOTICES
All notices required or permitted hereunder shall be in writing and shall be
deemed given if personally delivered or mailed, certified or registered mail, return
receipt requested, or sent by overnight carrier to the following addresses:
If to Lessor, to:
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Town of Estes Park
Attn: Town Administrator
P.O. Box 1200
Estes Park, CO 80517
If to Lessee, to:
Estes Valley Recreation and Park District
Attn: Executive Director
P.O. Box 1379
Estes Park, CO 80517
11. WAIVER
Failure or delay on the part of the Lessors to exercise any right, power, or
privilege hereunder shall not operate as a waiver thereof.
12. DEFAULT
If either party is in default of any of its obligations hereunder and such default
shall continue for a period of more than thirty (30) days after written notice thereof,
either party may terminate this Lease Agreement for said default.
13. ASSIGNMENT
The Lessee shall not assign its rights under this Lease Agreement or any interest
herein, or convey the whole or any portion of the leased area, without the prior
written consent of the Lessor.
14. ENTIRE AGREEMENT
The Lease Agreement constitutes the entire agreement of the parties hereto with
respect to the subject matter hereof and supersedes all prior offers, negotiations, and
agreements, whether written or oral, between the parties hereto with respect to the
subject matter hereof.
15. UTILITIES
The Lessee will be responsible for payment of all utilities used on the premises.
16. INSPECTION AND MAINTENANCE
a. The Lessor, by its officers, employees, representatives, contractors, Lessees,
and their employees, shall have the right for the benefit of the Lessor or Lessee
or for the benefit of others to maintain existing and future service facilities,
including, but not restricted to, water, gas, electricity, sewage, drainage, and
communications systems and other such service systems and their tubes,
pipes, lines, mains, wires, conduits, and equipment on or about the premises
and to enter upon the premises at all reasonable times to make such repairs,
replacement and alterations as may, in the opinion of the Lessor, be deemed
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necessary or advisable and from time to time, to construct or install over, on,
in or under the premises new tubes, pipes, lines, mains, wires, conduits and
equipment, provided, however, that the same shall be done so as to interfere
as little as reasonably possible with Lessee’s operation.
b. The Lessor, by its officers and employees, may at all reasonable times have
access to the premises for the purpose of inspection to ensure compliance by
Lessee with the terms of this Lease Agreement.
17. NO IMPLIED REPRESENTATIONS
No representations, agreements, covenants, warranties, or certifications, express
or implied, shall exist as between the parties, except as specifically set forth in this
Lease Agreement.
18. NO THIRD-PARTY BENEFICIARIES
This Lease Agreement is for the sole benefit of and binds the parties, their
successors and assigns. This Lease Agreement affords no claim, benefit, or right of
action to any third party. Any party besides Lessor or the Lessee receiving services
or benefits under this Lease Agreement is only an incidental beneficiary.
19. STATUS OF LESSEE
The Lessee shall perform all services under this Lease Agreement as an
independent contractor, and not as an agent or employee of the Lessor. No Lessor
official or employee shall supervise the Lessee. The Lessee will exercise no
supervision over any employee or official of the Lessor. The Lessee shall not
represent that Lessee is an employee or agent of the Lessor in any capacity. The
Lessee has no right to Worker's Compensation benefits from the Lessor or its
insurance carriers or funds. Lessee shall pay any federal and state income tax
on money earned under this Lease.
20. TERMINATION OF PRIOR LEASE
The Prior Lease is hereby terminated. Only the terms of the Prior Lease which by
their nature survive the expiration of the Prior Lease shall be deemed to continue in
effect.
21. ALTERNATIVE DISPUTE RESOLUTION
In the event of any dispute or claim arising under or related to this Lease
Agreement, the parties shall use their best efforts to settle such dispute or claim
through good faith negotiations with each other. If such dispute or claim is not settled
through negotiations within 30 days after the earliest date on which one party notifies
the other party in writing of its desire to attempt to resolve such dispute or claim through
negotiations, then the parties agree to attempt in good faith to settle such dispute or
claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG)
of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree
otherwise, then under the auspices of a recognized established mediation service
within the State of Colorado. Such mediation shall be conducted within 60 days
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following either party’s written request therefore. If such dispute or claim is not settled
through mediation, then either party may initiate a civil action in the local District Court
of Larimer County.
22. ATTORNEYS’ FEES
For any dispute or claim arising under or related to this Lease, the prevailing party
shall be entitled to an award of its reasonable attorneys’ fees and costs.
23. FINANCIAL OBLIGATIONS
To the extent that this Lease provides for any financial obligations of either party
beyond its current fiscal year, such financial obligations are made expressly contingent
upon annual appropriation, budgeting, and availability of funds to discharge such
financial obligations.
LESSOR:
TOWN OF ESTES PARK
_____________________________
By: Mayor Todd A. Jirsa
ATTEST:
_____________________________
Town Clerk, Jackie Williamson
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _______ day of _______,
2019, by Todd A. Jirsa, Mayor of the Town of Estes Park.
WITNESS my hand and official seal.
My commission expires: _________________
_____________________________
Notary Public
LESSEE:
ESTES VALLEY RECREATION
AND PARK DISTRICT
_____________________________
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By: President Ronald I. Duell
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ______ day of _______,
2019, by Ronald I. Duell, President of the Board of Directors of the Estes Valley
Recreation and Park District.
WITNESS my hand and official seal.
My commission expires: _________________
_____________________________
Notary Public
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