HomeMy WebLinkAboutPACKET Town Board Study Session 2020-10-13
October 13, 2020
4:30 p.m. – 6:30 p.m.
Board Room/Virtual
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020.
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/92649678441 Webinar ID: 926 4967 8441
CALL-IN (Telephone Option): 1-346-248-7799 Meeting ID: 926 4967 8441
4:30 p.m. Future Funding of Art in Public Places Program.
(Co-Chair Poggenpohl and Supervisor Berg)
5:00 p.m. Review Visit Estes Park Operating Plan.
(Visit Estes Park Representative)
5:30 p.m. Discussion of Workforce Housing Guidelines Principles.
(Assistant Town Administrator Damweber)
6:20 p.m. Trustee & Administrator Comments & Questions.
6:25 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:30 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:00 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
Page 1
Page 2
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek & Public Works Director Muhonen
From: Parks Advisory Board (PAB)
Rex Poggenpohl, PAB Co-Chair
Brian Berg, Parks Supervisor, PAB Staff Liaison
Date: October 13, 2020
RE: Art in Public Places (AIPP) Program Update
Objective:
Update the Mayor and Town Trustees on the AIPP program and the PAB’s identified
future program needs.
Present Situation:
Ordinance 08-15 was approved by the Town Board in May 2015 for Art in Public Places
and the program guidelines are reviewed annually by the PAB. Changes
recommended by the PAB must be approved by the Town Board.
Proposal:
The PAB has identified some potential future needs for the AIPP policy. These needs
will require new funding and potential allocation of additional staff time. The PAB would
like to initiate the conversation with the Town Board on how that could be realized in the
future. Identified needs include:
• Creation of a Public Arts Master Plan
• Updates to the comprehensive art inventory database and literature
• Potential establishment of a citizen-led Arts Advisory Committee or Board
• Expansion of the existing art maintenance efforts to protect art assets
• Adoption of a funding plan to purchase and maintain art (potentially consisting of
donations, grants, allocation of specified percentage of capital project
expenditures)
• Development of a directory and program supporting local artists
Advantages:
• A comprehensive Public Art Master Plan will help the Town proceed in a
documented direction concerning public art.
Page 3
• Shared knowledge from individuals with specific interest and experience with the
art world could benefit the Town when dealing with the current and future art
assets.
• An established funding plan could facilitate a reliable expansion of the Town’s art
collection for community-wide enjoyment.
• Art is an asset worthy of maintenance and preservation.
Disadvantages:
• There will be a cost to the Town associated with all recommendations.
Action Recommended:
No action needed at this time.
Finance/Resource Impact:
No impact at this time.
Level of Public Interest
Low
Attachments:
1. Ordinance 08-15 for Art in Public Places
2. Art in Public Places Guidelines (last modified August, 2019)
Page 4
ATTACHMENT 1Page 5
Page 6
Page 7
Page 1
ART IN PUBLIC PLACES
GUIDELINES
TOWN OF ESTES PARK, COLORADO
Revised on August 29, 2019
ATTACHMENT 2
Page 8
Page 2
Table of Contents
ACKNOWLEDGMENTS ..............................................................................................................................................................4
INTRODUCTION .............................................................................................................................................................................5
TOWN ORDINANCE ......................................................................................................................................................................6
DEFINITIONS ....................................................................................................................................................................................6
FUNDS FOR WORKS OF ART ..................................................................................................................................................8
Reserve Account Established .............................................................................................................................. 8
ADMINISTRATION AND CURATORIAL SUPPORT ...................................................................................................9
Parks Advisory Board (PAB) .............................................................................................................................. 9
Curatorial Support Services Provider .................................................................................................................. 9
GUIDELINES .....................................................................................................................................................................................9
SELECTING WORKS OF ART .................................................................................................................................................9
Direct Purchase ................................................................................................................................................. 10
Open Competitions ............................................................................................................................................ 11
DISPLAY OF ART IN PUBLIC SPACES ........................................................................................................................... 11
OWNERSHIP OF WORKS OF ART .................................................................................................................................... 12
Exemptions of Ownership of Works of Art ...................................................................................................... 13
ACQUISITION OF WORKS OF ART ................................................................................................................................. 13
TEMPORARY PUBLIC WORKS OF ART ....................................................................................................................... 13
ARTIST SELECTION CRITERIA......................................................................................................................................... 14
SITE SELECTION FOR WORKS OF ART ....................................................................................................................... 14
Display Standards .............................................................................................................................................. 15
Town Department Input .................................................................................................................................... 15
POST-SELECTION PROCESS ............................................................................................................................................... 16
Contracts............................................................................................................................................................ 16
Public Disclosure............................................................................................................................................... 16
DONATING A WORK OF ART .............................................................................................................................................. 16
Background and Definitions.............................................................................................................................. 17
Process for Consideration.................................................................................................................................. 17
Review Considerations ...................................................................................................................................... 17
DE-ACCESSIONING A WORK OF ART ........................................................................................................................... 18
Basis for De-Accessioning ................................................................................................................................ 18
Process/Disposition ........................................................................................................................................... 19
MAINTENANCE GUIDELINES FOR WORKS OF ART ........................................................................................... 19
Goal ................................................................................................................................................................... 19
Definitions .......................................................................................................... Error! Bookmark not defined.
Process ............................................................................................................................................................... 20
Page 9
Page 3
Implementation.................................................................................................................................................. 21
PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ......................................... 22
Goal ................................................................................................................................................................... 22
Installations Adjoining the ROW ...................................................................................................................... 23
Installations within the ROW ............................................................................................................................ 23
APPENDIX ......................................................................................................................................................................... 25
CONTRACT FOR COMMISSION OF ARTWORK ....................................................................................... 25
ARTWORK DONATION FORM .................................................................................................................... 31
ARTWORK LOAN AGREEMENT ................................................................................................................. 33
REQUEST FOR PROPOSALS ........................................................................................................................ 34
UTILITY BOX ART ......................................................................................................................................... 37
Page 10
Page 4
ACKNOWLEDGMENTS
The Estes Park Parks Advisory Board would like thank the following , and acknowledge their
valuable input to development of these guidelines.
City of Loveland, Colorado, Visual Arts Commission
City of Fort Collins, Art In Public Places Program
Town of Vail, Art In Public Places Strategic Plan
Greeley Art Commission and City of Greeley, Colorado, Art Master Plan
City of Grand Junction, Colorado, Art In Public Places Program
Executive Director of the Estes Park Museum
Executive Director of the Cultural Arts Council of Estes Park
Page 11
Page 5
INTRODUCTION
These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park
(Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request of
the Town Board. They describe the process and criteria to be used when evaluating
potential public works of art and projects. The guidelines also detail the administration
of the Art In Public Places program.
Following is a definition of public art as it applies to the Estes Park program.
In its broadest sense, public art is any original creation of visual art that is:
• Acquired with public monies,
• Acquired with a combination of public/private funding,
• Acquired by donation or on loan to the Town’s Art In Public Places program or
• Privately sponsored artwork that is located on publically owned land, easements, or
on publicly owned equipment.
Examples of public art include, but are not limited to:
• Sculpture of any form and in any material or combination of materials to include
statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
• Paintings of all media, including both portable and permanently affixed works such
as frescoes and murals;
• Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics,
plastics and other materials;
• Kinetic and/or interactive sculptures;
• Site-integrated artwork created by landscape designers and artists which may
include landscapes and earth-works, integration of natural and human-made
materials, and other functional art pieces. Examples of site-integrated works may
include building features, paving materials, gates, and street furniture.
• Painted or wrapped utility equipment boxes (e.g. transformers, switches)
The AIPP program enriches our community through public exposure to the arts. The
program is achieved through a collaboration of Estes Park residents, businesses,
Page 12
Page 6
organizations, art community, and Estes Park K-12 school programs to develop a diverse
art collection that creates a sense of place, provides a unique town identity, offers
educational opportunities and serves as an economic driver.
The AIPP program weaves public art into the everyday experience of our community and
creates lasting impressions on those who experience it. It enhances our public spaces,
compliments our award winning seasonal floral displays, and makes Estes Park a visitor
destination, not only for its natural beauty, but also for its vibrant arts scene.
TOWN ORDINANCE
Town Ordinance No. 08-15 establishes the Art In Public Places program under the auspices of
the Parks Advisory Board of the Town of Estes Park.
DEFINITIONS
A. Art In Public Places means any visual work of art displayed for two weeks or more in
an open town-owned area, on the exterior of any Town-owned facility, inside any Town-
owned facility in areas designated as public areas, or on non -Town property if the work
of art is installed or financed, either wholly or in part, with Town funds or grants
procured by the Town.
B. Curatorial Support Services Provider means the individual, entity or organization if
selected by the PAB to provide recommendations for installation and maintenance of the
various types of art in the collection.
C. Documentation includes, but is not limited to, periodic condition reports, records of
actual maintenance performed and an assessment of those efforts, photographs, artist’s
maintenance recommendations, methods and materials, information, potential problems
with the work of art, finishes information (e.g., painters name; when, where, what, and
how the piece was finished), quality of materials used, installation information,
warranties and professional and other knowledgeable opini ons regarding preservation and
maintenance. The documentation may also include the artist’s resume, artwork history,
where the work has been exhibited, and a personal interview with the artist.
D. Guidelines means this document prepared, and annually reviewed and updated by the
Parks Advisory Board.
E. Maintenance will be performed according to a scheduled piece-specific plan to clean,
repair, and preserve each work of art in the Town’s public collection. A maintenance
plan for outdoor works of art placed in landscaped settings may include regular tree/shrub
pruning or, when necessary, re-planting to maintain desired sight lines for viewing the
Page 13
Page 7
work of art. All maintenance plans will include a means to assess the ongoing
effectiveness of preservation.
F. Mass Produced means a work of art that has been reproduced for mass distribution.
G. Mural means any work of visual art painted or applied directly on a wall, ceiling or other
large permanent surface. Murals include no picture, symbol or device of any kind that
relates to a commercial business, product or service offered on the premises where the
mural is located.
H. Parks Advisory Board (PAB) refers to the Board created in Resolution No. 12 -14 of the
Municipal Code.
I. Patron means a person who gives financial or other support to an organization, cause or
activity.
J. Preservation includes placement; installation; security; regularly scheduled maintenance
and emergency repairs (with consideration to the natural process of aging).
K. Project means an existing plan or proposal where installation of a work of art may be
under consideration.
L. Reserve account means the AIPP reserve account defined by these guidelines. The
AIPP reserve account shall not be used for acquiring or funding: 1) reproductions or
unlimited editions of original work; 2) objects that are mass produced; 3) architectural
rehabilitation or historical preservation; or 4) other works deemed, by the PAB, to be
inappropriate for the Town’s collection.
M. Site refers to a specific location being considered for or currently displaying a work of
art.
N. Town Board refers to the elected officials serving as Trustees of the Town.
O. Work of art means all forms of original creations of visual art, including but not limited
to:
✓ Paintings of all media, including both portable and permanently affixed works such as
frescoes and murals;
✓ Sculptures of any form and in any material or combination of materials. This includes
statues, monuments, fountains, arches, or other structures intended for ornamentation
or commemoration;
✓ Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics,
and other materials;
✓ Kinetic and/or interactive sculptures;
✓ Site-integrated artwork created by landscape designers and artists to include
landscapes and earth-works, integration of natural and human made materials, and
other functional art pieces. Site-integrated works may include building features, gates,
street furniture, and paving materials.
Page 14
Page 8
FUNDS FOR WORKS OF ART
A. The Town Board may allocate in its annual General Fund Budget, funds for an Art In
Public Places program. The funds shall be placed in the reserve account for the AIPP
program and may be expended as defined in these guidelines under “Reserve Account
Established” below.
B. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In
accepting a donation, the Town expects that funds for the transport, site preparation and
installation of the piece will accompany the donation. The funds shall be placed in the
reserve account for the AIPP program and may be expended as defined in these
guidelines under “Reserve Account Established” below.
C. Patrons may donate funds for the acquisition of a piece of art for the AIPP program. In
accepting the donation, the Town will allocate a portion of the donation for transport, site
preparation and installation of the piece. The fund shall be placed in the reserve account
for the AIPP program and may be expended as defined in these guidelines under
“Reserve Account Established” below.
D. An artist may donate a piece of art to the Town for the AIPP program. In accepting the
donation, the Town may, at its discretion, accept responsibility for funding the transport,
site preparation and installation of the piece.
E. Patrons may sponsor the decoration of utility boxes as a donation to the Town. These
projects will be fully funded by the patron with no funds other than the base fee going to
the Town. These projects will meet established guidelines and be subject to approval by
the Parks Advisory Board and Town Board before acceptance.
Reserve Account Established
A reserve account for the Art In Public Places program may be established. Funds deposited in
the reserve account may only be expended for the acquisition, installation, maintenance and
repair of works of art, costs associated with de-accessioning works of art, and expenses of
administration of the AIPP program. Funds in the AIPP reserve account may come from the
Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for
works of art shall be paid into the reserve account. Any excess or unexpended funds in the
AIPP reserve account shall carry forward in this account at the end of each fiscal year.
Funds in the AIPP reserve account shall not be used for: 1) purchasing reproductions or
unlimited editions of original work; 2) purchasing objects that are mass produced; 3)
architectural rehabilitation or historical preservation; or 4) other works deemed inappropriate
for the collection.
Page 15
Page 9
ADMINISTRATION AND CURATORIAL SUPPORT
Parks Advisory Board (PAB)
Administration of the AIPP program is the responsibility of the Parks Advisory Board with
administrative support from the Public Works Department. The PAB shall consist of members
living in the Estes Valley School District as set forth in the PAB bylaws.
The PAB shall establish and amend, with Town Board approval, criteria and guidelines
governing the selection, acquisition, purchase, commissioning, placement, installation, and
maintenance of public works of art. Selection and placement of works of art s hall be in
conjunction with representatives of the Town Board and the Town department having
responsibility for maintenance of the work of art.
Following placement or installation, maintenance and repair of works of art shall be the
responsibility of the Town department having possession of the work(s), with the advice and
guidance of the PAB. Any proposed works of art requiring extraordinary operation or
maintenance expenses shall require prior approval of the department head responsible for such
operation or maintenance.
Curatorial Support Services Provider
A representative of the curatorial support services provider may serve as an ex- officio and
nonvoting member of the PAB. The role of the curatorial support services provider shall be to
perform such duties as set forth in these guidelines as they pertain to the Town’s Art In Public
Places program. The curatorial support services provider may be reimbursed for actual
expenses incurred for curatorial support.
The Town Clerk shall maintain a detailed record of all art in public places, including but not
limited to accession numbers, site drawings, photographs, designs, names of artists, and names
of architects whenever feasible.
GUIDELINES
The Parks Advisory Board shall adopt guidelines:
A. To identify suitable works of art for the Town collection;
B. To facilitate the preservation of works of art that may be displayed in public places;
C. To prescribe a method or methods for competitive selection of works of art for display;
Page 16
Page 10
D. To prescribe procedures for the selection, acquisition and display of works of art in
public places;
E. To set forth any other matter appropriate to the administration of the AIPP program;
F. To recommend approval of patron commissioned art on utility boxes to the Town Board
SELECTING WORKS OF ART
In performing its duties with respect to AIPP program, the PAB will strive to integrate the
creative work of artists into public projects to thereby increase our residents’ and visitors’
experience and improve the economic vitality of the Town through the enhancement of public
spaces in general and the pedestrian landscape in particular. In doing so, special attention shall
be given to the following:
A. Conceptual compatibility of the design with the immediate environment of the site;
B. Appropriateness of the design to the function of the site;
C. Compatibility of the design and location with a unified d esign character or historical
character of the site;
D. Creation of an internal sense of order and desirable environment for the general
community by the design and location of the work of art;
E. Preservation and integration of natural features of the site;
F. Appropriateness of the materials, textures, colors and design to the expression of the
design concept;
G. Representation of a broad variety of tastes within the community and the provision of a
balanced inventory of art in public places to insure a variety of st yle, design and media
throughout the community.
Selection of a work of art may be PAB or otherwise initiated. These guidelines apply in both
instances. Additional guidelines apply to donations of works of art and they may be found in
other sections of this document.
Direct Purchase
The PAB may purchase existing artwork from an artist/owner in unique circumstances (e.g.
when the price presents an economic advantage) or to meet one of the AIPP program goals.
The PAB may approach an artist or an artist may approach the PAB.
Page 17
Page 11
Artists who have a finished work of art that they wish the PAB to consider for purchase should
submit the following to the PAB:
A. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date
produced, price, location, number of reproductions, restrictions on reproduction, and
other information the artist deems pertinent;
B. A resume and references;
C. A maquette and/or images or the actual work for review. (Images may be provided
electronically or by hard copy and should show all sides, providing the proper scale of the
work);
D. A cover letter explaining why the work should be added to the Town’s public art
collection;
E. A conservation assessment describing the artwork’s condition, along with a maintenance
plan. (The plan should include an explanation of the expected life span of the work while
placed in a public environment, specifying the type of environment in which the artwork
may be placed. It should also discuss whether the artwork may be prone to vandalism
and how the effects of any vandalism may be mitigated; it should be authored by a
qualified conservator or the artist.);
F. The PAB may request additional information.
Open Competitions
Competitions are open to artists within the geographic limits and other speci fications set by the
PAB (which vary from competition to competition). The PAB strives to maintain balance
between competitions involving local artists only and artists from a larger area. The PAB
process for typical competitions is as follows.
A. The PAB provides a project description, budget, time schedule, and su mmary of duties
and obligations;
B. The artist shall provide a maquette and site drawing (if appropriate), design, concept
statement, recommended installation and maintenance requirements, budget,
photographs, resume and references.
C. Proposals shall be considered by the jury, and a final choice or choices will be presented
to the PAB for recommendation to the Town Board. Jury composition varies and is
determined by the PAB, but juries typically include representative(s) from the designated
site and the PAB. Acceptance of art will be the responsibility of the Town Board.
Page 18
Page 12
D. Entry materials will be returned to the artist only if requested and appropriate packaging,
postage and insurance are included with the entry by the artist. The names of selected
artists may be obtained from the Chairperson of the PAB or Public Works staff.
The Parks Advisory Board recognizes that works of art often significantly alter public places,
becoming a new, major presence in the environment. In recent decades, visual art has rapidly
evolved and diversified, creating at times a gap between visual art and its appreciation by the
general public. The AIPP program shall endeavor to bridge this gap by broadening
community awareness of the issues involved in visual art and its historical context, and
encouraging informed debate among all segments of the community.
DISPLAY OF ART IN PUBLIC SPACES
A. Works of art selected and implemented pursuant to the provisions of this chapter may be
1) placed in, on or about any public place; or 2) by agreement with the owner thereof,
placed on any private property with substantial public exposu re in and around the town.
Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon
such terms and conditions as deemed necessary by the PAB.
B. All art in public places shall receive the prior review and approval of the Town Board.
None shall be removed, altered or changed without the prior review and approval of the
Town Board.
C. No work of art financed either wholly or in part with Town funds or with grants procured
by the Town shall be installed on privately owned property unless the following
condition is met.
a. A written agreement must be prepared and signed by the Chairperson of the PAB,
acting on behalf of the Town, and the owner of the property specifying the
proprietary interests in the work of art and specifying other pro visions deemed
necessary or desirable by the Town attorney. In addition, such written agreement
shall specify that the private property owner assures:
1. The installation of the work of art will be done in a manner which will protect
the work of art and that takes into consideration public safety;
2. The work of art will be maintained in good condition; and
3. Insurance and indemnification of the Town will be provided as is appropriate.
D. Installation, maintenance, alteration, refinishing and moving of art in public places shall
be done in consultation with the artist whenever feasible.
E. The Town Clerk shall maintain a detailed record of all art in public places, including
accession numbers, site drawings, photographs, designs, names of artist, names of
Page 19
Page 13
architects and correspondence between all parties involved in the creation, acquisition,
placement, and display of art work whenever feasible.
OWNERSHIP OF WORKS OF ART
All permanent works of art acquired pursuant to these guidelines shall be acquired in the name
of, and title shall be held by, the Town of Estes Park.
Exemptions of Ownership of Works of Art
The following are exempt from the provisions of these guidelines:
A. All works of art in the collections of, and having been purchased or acquired as a
donation by the Estes Valley Public Library and The Estes Park Museum are
exempted from these guidelines;
B. All works of art that are the private, personal property of any Town employee and that
are displayed in Town offices or other areas of Town-owned facilities that are not
generally frequented by the public.
The Parks Advisory Board recognizes the fact that these exempted organizations acquire
artwork donated by patrons or purchased and donated by their supporting/friends organizations.
In acquiring new artworks for their collections, we respectfully request the governing boards
and staff of the exempted organizations be cognizant of and embrace the spirit of the AIPP
Guidelines as they continue adding to their art collections.
ACQUISITION OF WORKS OF ART
Public art may be acquired through commissioning a site-specific work, direct purchase, or
donation of a work of art.
A commissioned work of public art typically involves selecting an established artist to develop
a piece of artwork for an identified location or use. If site specific, the artwork must conform to
the AIPP program developed by the PAB regarding the site’s functional context, its
architecture, its location, its relationship to the adjacent terrain, and its social context. If a work
of art is commissioned for a specific use it must meet the requirements set forth by the PAB.
The PAB is entrusted to develop criteria for commissioned projects and to site other acquired
works. The PAB’s administrative policies, selection and placement criteria are detailed in these
Guidelines.
Page 20
Page 14
Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of
works of art. Donations are subject to the same policies and criteria of the AIPP program as
any other work of art being considered by the Town. The PAB has the discretion, subject to
program policies, to recommend to the Town Board either accepting or rejecting any work of
art offered to the Town for public art purposes.
TEMPORARY PUBLIC WORKS OF ART
The PAB may, at its discretion and with approval of the Town Board, designate sites within the
Town of Estes Park as locations for the display of temporary works of art otherwise meeting the
criteria detailed in these guidelines. Sites will be selected for their visibility and access to both
visitors and residents to the town. The display of temporary art has several goals. They are:
1) enriching our community; 2) providing exposure to artists working in a variety of media; and
3) allowing for the exhibition of a wide variety of works of art that may supplement and
enhance the permanent Town art collection.
A selected artwork must exemplify commitment to quality and innovation. A temporary art
exhibit may be held with the intention of creating a mutually beneficial partnership between the
Town of Estes Park and artists working both within and outside of the community.
Selected artists will enter into a standard lease agreement with the Town of Estes Park for each
work of art proposed for exhibition. The length of the lease may be for up to one year. A ten-
percent (10%) sales commission is collected by the Town for any temporary work of art that is
sold during the exhibition and the funds deposited into the AIPP reserve account .
ARTIST SELECTION CRITERIA
When evaluating the possibility of working with a particular artist, the PAB generally considers
the following factors.
A. The artist’s presentation.
B. The ability of the artist to work cooperatively and effectively with stakeholders.
C. The technical feasibility of a proposed project and the artist’s technical ability.
D. Other factors deemed by the PAB to be important.
Page 21
Page 15
SITE SELECTION FOR WORKS OF ART
The PAB is charged with selecting sites for purchased or donated artwork. The PAB generally
considers the following criteria in matching an artwork with a display site.
Display Standards
A. Conceptual compatibility of the design with the immediate site environment;
B. Appropriateness of the design to the function of the site;
C. Compatibility of the design and location with a unified design character or historical
character of the site;
D. Creation of a desirable environment for the general community by the design and
location of the work or art;
E. Preservation and integration of natural features of the site;
F. Appropriateness of the materials and design to the expression of the artist’s concept;
G. Representation of a broad variety of tastes within the community and the provisions of a
balanced inventory of art in public places to ensure a variety of style, design, and media
throughout the community;
H. Visibility and accessibility;
I. Public safety;
J. Car and pedestrian traffic patterns, and other Right of Way considerations;
K. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation,
drainage, grading, electrical source for lighting, and other utility considerations such as
depth of existing utilities, access to natural gas hook up, etc.;
L. Environmental impacts such as noise, sound, light and odors;
M. Impact on operational functions of the Town such as snow removal, mowing operations,
etc.;
N. Compatibility with the site function;
O. Susceptibility to vandalism;
P. Costs of site preparation;
Q. Existing works of art in/near the site area;
R. Impact on adjacent property owners;
S. Any other criteria deemed by the PAB to be important.
Page 22
Page 16
Town Department Input
Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already
acquired artwork, the PAB strives to get input from relevant Town departments. Relevant
departments will typically be either 1) a department receiving artwork in/on its
building/grounds, or 2) a department whose general responsibilities will be materially im pacted
by the placement of a work of art at a particular site (visual sightline obstruction, mowing or
snow removal operations, etc.).
The Chairperson of the PAB will contact the director of the relevant department(s) to discuss
potential sites and will invite the director to serve on any formal selection committee. The PAB
encourages participation by the relevant department director. Selection proc esses which are
determined by the PAB may vary by project. The Chairperson of the PAB will ask the directo r
of the relevant department to provide any concerns he or she has about the sites and/or their
impact on department operations before a selection process is concluded/finalized.
POST-SELECTION PROCESS
Once a site has been selected, an installation plan will be developed by the PAB with input from
the artist, donor, and contractor when appropriate. Following installation, the designated
representative(s) of the PAB and the relevant department director will meet to inspect the site
and sign off on the finalized project.
At the time of an acquisition, by donation or purchase, the proposed budget for a work of art
should include all costs of installation, which may include (1) plinths or other display
components; (2) site development, including landscaping and irrigation system installation or
modification; and (3) an identification plaque.
Contracts
Following final selection of a work of art or artist, a written contract shall be prepared by the
Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the
artwork accession file managed by the curatorial support services provider.
Page 23
Page 17
Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DONATING A WORK OF ART
Background and Definitions
The Town of Estes Park’s collection of public art consisting, in large part, of donations from
arts organizations and private parties. Needless to say, donations are an important part of the
collection. The AIPP program has limited funds for administration, preservation and
maintenance of works of art. Likewise, there are a limited number of suitable municipal sites
appropriate for the installation of works of art. To ensure the quality of the collection, the PAB
uses these guidelines to decide whether a proposed donation is appropriate for addition to the
Town’s collection. The PAB accepts only those works that will, in its discretion, further the
overall goals of the AIPP program
Process for Consideration
The PAB requests that individuals or entities interested in donating a work of art follow these
steps:
A. Submit a complete official donation application to the Chairperson of the PAB. This
form may be obtained from the Town website or from the Town Clerk.
B. Provide a maquette and/or images or the actual work for review. Images may be
provided electronically or by hard copy and should show all sides and the proper scale of
the work.
C. Include a cover letter explaining that you are offering the work of art to the Town as a
gift and explain why the work should be added to the Town’s public art collection.
Page 24
Page 18
D. Provide a copy of the artist’s resume or biography; information about the artist’s
significance; and digital images showing a sampling of the artist’s work.
E. Provide information about the artwork’s provenance, exhibition history, and a current
estimate of value. Include a letter of authenticity from the artist, if possible.
F. Provide a conservation assessment describing the condition of the work of art, along with
a maintenance plan. The plan should include an explanation of the expected life span of
the work of art while placed in a public environment, stipulating the type of environment
(interior/exterior) in which the work of art may be placed. The plan should also discuss
whether the work of art may be prone to vandalism and how the effects of any vandalism
may be mitigated; it should be authored by a qualified conservator or the artist.
G. The PAB may request additional information.
H. The PAB is unlikely to consider any donation that requires immediate or extensive
maintenance.
Review Considerations
In reviewing a potential donation, the PAB typically considers the information requested above,
as well as aesthetic quality (including craftsmanship), compatibility with the Town’s existing
public art collection, and budget (i.e. maintenance requirements and installation costs). The
PAB may also consider other factors contained in its acquisition guidelines.
Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DE-ACCESSIONING A WORK OF ART
De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s
public collection. The PAB is responsible for recommending to the Town Board whether any
Page 25
Page 19
piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB’s
discretion.
Basis for De-Accessioning
The PAB may de-accession an artwork for one or more or the following reasons.
A. The work of art endangers public safety.
B. The work of art has been determined to be in unsatisfactory condition.
C. The work of art lacks a suitable display site.
D. The condition or security of the work of art cannot be reasonably guaranteed where
located.
E. The work of art is attached to a structure slated for destruction, remodeling o r repair (so
that it is not practical to keep it).
F. The work of art is or has become incompatible with the rest of the collection.
G. The Town wishes to replace the work of art with a piece of more significance by the
same artist.
H. The work of art requires excessive maintenance or it has faults of design or
workmanship.
I. The work of art is found to be fraudulent or not authentic.
J. The Town cannot properly care for or store the work of art.
K. For any other reason articulated by the PAB, in its discretion.
Process/Disposition
The PAB will review the works of art in the Town’s collection at least once every five years to
determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the
right to de-accession a work of art at any time deemed appropriate by the PAB.
De-accessioning may only be considered during a monthly or a special meeting of the PAB. A
majority of PAB members in a quorum must approve de-accessioning for two consecutive
votes. After the first vote, a public announcement of the plan to de-accession must be made to
permit public input prior to the second vote. Following the second vote, and upon approval of
the Town Board, the work of art shall be officially de-accessioned from the Town collection.
The PAB may consider the following options for disposition of a de-accessioned artwork.
Page 26
Page 20
A. Return to the artist;
B. Sale or trade;
C. Destruction (which shall be reserved for works deteriorated or damaged beyond
reasonably-priced repair);
D. Donation; or
E. Any option deemed appropriate by the PAB.
MAINTENANCE GUIDELINES FOR WORKS OF ART
Goal
The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of
publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the
collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and
maintenance processes that will support that goal. The AIPP Maintenance guidelines will be
implemented on a piece-specific basis that recognizes the value of each work of art in the
collection.
Process
A. Documentation. Initial documentation will be provided at the time an artist/donor
submits a work of art for consideration, prior to a piece being accepted into the Town
collection. A standardized form, completed by the artist/donor, will be used for this
purpose. The PAB, appropriate Town departments (Public Works Parks Division and/or
Light & Power Division), outside contractors, service people and experts may be asked to
review this documentation. Documentation will reside in the records of the curatorial
support services provider and their representative to the PAB will be responsible for
creating, keeping and periodically updating the documentation. The PAB will use the
projected cost of maintenance as one consideration in its final determination of
acceptance and placement. Although documentation and maintenance recommendations
alone will not be used to specifically exclude artwork from the Town col lection, the
recommendation may play a role in that final determination. The AIPP reserve fund may
be used to pay for acquiring critical, missing documentation not obtained at the time of
acquisition of a work of art.
B. Maintenance documentation. When a work of art is accepted into the Town collection,
minimum, “benchmark” level maintenance and a maintenance schedule will be
established for it. The documentation will include a standard for regular maintenance
Page 27
Page 21
(e.g. timing, type of maintenance) and identify any maintenance issues that may require
special attention. Each medium will require knowledgeable people to develop
maintenance criteria. In addition, the maintenance criteria may include future historic
and aesthetic considerations for each piece. The maintenance documentation may be
reviewed and revised as needed.
C. Inspection and Condition Report. Upon a schedule recommended by the PAB, the
curatorial support services provider will initiate and produce an inspection and condition
report. Paid professional condition appraisers/conservators and/or knowledgeable
volunteers, craftspeople or industry experts may perform the inspection for each piece.
The inspection and condition report will become part of the permanent documentation for
the specific work of art and will reside with the curatorial support services provider.
D. Regular Maintenance. Town Parks Division staff, paid professionals and/or trained and
supervised volunteers will perform regular maintenance of works of art based upon the
maintenance schedule and condition report for each specific work of art. Maintenance
will be performed upon a recommended schedule developed by the PAB in consultation
with the representative of the curatorial support services provider (if available) each year.
E. Special Maintenance. Paid professionals/craftspeople or knowledgeable/trained
volunteers will perform maintenance that requires specialized tools, equipment, or
knowledge on an “as needed” basis. The representative of the curatorial support services
provider, in consultation with the PAB will use the condition report and/or site visits to
determine need.
F. Emergency Maintenance or Repair. Paid professionals/craftspeople or
knowledgeable/trained volunteers will perform emergency maintenance/repair on an “as
needed,” timely basis as determined by the representative of the curatorial support
services provider in consultation with the PAB.
G. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling,
painting or other maintenance projects undertaken by the Town adversely impact any
work of art in the Town collection, the PAB is to be notified in advance of the work
commencing. A plan to protect and preserve the works of art likely to be impacted is to
be developed, in conjunction with the representative of the curatorial support services
provider, and approved by the PAB prior to work commencing.
Implementation
A. Maintenance Plan Implementation. The Department of Public Works staff, Parks
Division staff and the representative of the curatorial support services provider will
monitor the AIPP maintenance plan and will report to the PAB annually, or more often if
Page 28
Page 22
needed, on the status of art work maintenance. The Department of Public Works staff
and the representative of the curatorial support services provider will monitor and report
to the PAB on quality control, evaluation and corrective maintenance actions carried out
under the approved plan.
B. Funding. Funding for maintenance will be established through a budget developed
annually by the Department of Public Works and Parks Division staff and presented to
the PAB in November. Funds for maintenance may come from the AIPP reserve account
or be a line item in the appropriate Town department’s annual operating budget.
Maintenance funding of works of art in the permanent Town collection will take
precedent over new art purchases.
C. Contract Services. Contracts with paid professionals/craftspeople will follow established
Town guidelines and will be handled through the appropriate Town department.
D. Quality Control. The PAB believes in regulating the quality of maintenance to an
established standard. Therefore the PAB will work over time to collect and assimilate
maintenance data pertinent to the various types of works of art in the Town’s collection
(e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained
volunteer, etc.) The PAB, the representative of the curatorial support services provider,
and Public Works Department staff will use this data to develop specific quality
standards and devise ways to measure if the standards are met. Once established, the
standards will be used to collect relevant data, analy ze that data, and create corrective
action plans as needed. The Public Works Department staff will identify specific a reas of
comparison (e.g. using multiple contractors and comparing the results of their work) and
documenting specific maintenance challenges and failures (and their solutions).
E. Policy Review. Annually, in November, PAB members, and/or the Director of Public
Works will recommend changes to the AIPP Maintenance guidelines to the PAB.
F. Attachments. Samples of forms to be used to implement the AIPP program are to be
found in the Appendix section of these guidelines and may be modified by the PAB as
needed during the annual guidelines review process.
PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW)
Goal
The goal of this policy is to develop a framework for the consideration of works of art that will
enhance the community and the travel corridor of the road/utility ROW. The guidelines do not
rule out any particular application, as every installation should be weighed in relation to the
location, the factors noted below, as well as the other impact values.
Page 29
Page 23
Leadership for consideration of all projects and installations rests primarily with the Town of
Estes Park PAB. Staff liaison support is provided through the Public Works Department and in
cases that impact the ROW, Public Works will guide the process of securing collaborative
support from other Town departments as well as from other governmental agencies (i.e. CDOT,
Town of Estes Park Light & Power, etc.).
Public Works can and will provide support, professional expertise, and advisement as needed
for installations selected by the PAB. Primary contact will be through the Public Works
Director and any staff member who will be supporting the project(s). In installations that
involve CDOT ROW, Public Works will develop a plan to address the separate contracts,
review, and inspection requirements necessary with these projects; this may include cost
considerations for project management if the size of the installation is large.
The Town of Estes Park utilizes the Manual on Uniform Traffic Control Devices (MUTCD)
when determining uses, signage, visual sightline requirements, and other issues that impact the
ROW. The MUTCD is nationally accepted as the primary standard for these requirements.
Installations Adjoining the ROW
When considering installations along the ROW the following factors shall be co nsidered by
Public Works in making a determination about a particular installation.
A. ADA requirements.
1. For example: Does the installation impact the egress of handicapped individuals?
B. Impact on flow of pedestrians, bicycles, or traffic .
1. For example: Does the installation cause undue interruption of the flow of individuals
on a sidewalk or cross walk?
C. Safety Impacts.
D. Maintenance requirements/modifications that may be created by the installation.
Installations within the ROW
When considering installations in the ROW the following factors must be considered and
resolved collaboratively with all stakeholders, with Public Works making a final determination
about a particular installation.
Page 30
Page 24
A. ADA requirements.
B. Impact on flow of pedestrians, bicycles, or traffic .
C. Maintenance requirements that may be created by the installation.
D. Safety impacts.
1. Does the installation cause undue distraction for drivers, so that vehicles are more
likely to cause accidents from slowing or disorientation?
2. Does the installation cause a blockage of sightlines such that safety for drivers,
pedestrians, or cyclists is compromised?
a) These sightlines will be different in each installation so size may be a factor
at certain locations. For example in an installation at a traditional intersection
location close to the sightlines at the corners may create a significant hazard; or
within roundabout installations that create blind spots for drivers related to
pedestrians will create a significant hazard.
b) Height of installations is not generally an issue except when a foundation structure
is required that may limit visibility for pedestrians in wheelchairs or may cause
drivers to “rubber neck” for better viewing.
3. When installations are within the ROW project planners must be sensitive to works of
art that may draw pedestrians into the traffic flow for viewing. In roundabout
situations this is a critical factor as these traffic devices do not have designated
locations for drivers to stop. Roundabout islands are not intended to accommodate
pedestrian traffic. A work of art designed for a roundabout, must be designed to be
viewed from a distance. It is also recommended that recognition for works of art
(artist signatures, plaques describing the work of art, etc.) be placed outside of the
roundabouts flow of traffic versus on the island itself.
Page 31
Page 25
APPENDIX
CONTRACT FOR COMMISSION OF ARTWORK
ESTES PARK, COLORADO
This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado
(herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”).
Recitals
In conjunction with ( project name), the Town has allocated funding from the Art In Public Places program
reserve fund in the amount of $_______ to acquire artwork which will be created and installed in (location).
This agreement is for artwork to be installed (location description). The Artist was selected through a
competitive process by the Parks Advisory Board.
Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS
FOLLOWS:
ARTICLE 1. SCOPE OF SERVICES
1.1 Artist’s Responsibility
A. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and
equipment necessary to design, fabricate, deliver, and install Artwork consisting of _______________
(description of the artwork)__________________.
B. The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and
in strict compliance with all terms and conditions in this Agreement. The Artist is responsible for all
costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site
visits, and insurance of the Artwork.
C. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to
repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by
the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated
representative (“Town Representative”), as set forth in this Agreement. The person designated as
“Town Representative” is the Chairperson of the Parks Advisory Board.
4. The Artist is an independent contractor and not an agent or employee of the Town.
5. The Artist shall secure any necessary engineering work and is responsible for all site preparation.
6. The Artist will provide the concrete foundation on which the sculpture will sit.
7. In performance of the work described herein, the Artist shall comply with all applicable federal,
State and Town laws, rules, and regulations, including but not limited to, applicable copyright,
building and life, health and safety codes.
8. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made
Page 32
Page 26
by a third party(ies) arising during the installation process and caused, or claimed to be caused
by such process, including harm to himself, to others including the public, or to the Artwork.
9. The Artist shall provide the Town with written instructions for the maintenance, care, and up
keep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the
Artwork.
10. The Artist is solely responsible for the compensation and for the work of every contractor and
other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees
to engage no person without providing adequate worker’s compensation insurance, in amounts required
by Colorado law.
11. The Artist shall secure and provide insurance for the on-site installation period in amounts and
limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of
liability insurance which addresses the period of on-site installation, and includes the following:
(1) The policy must be an occurrence form; the coverage amount shall be $1,000,000 for
products/completed operations hazard(s); the Comprehensive General Liability insurance
shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be
cancelled, terminated nor not renewed without first giving 30 days advance written notice to
the Town Risk Manager;
(2) Neither this Agreement nor an insurance policy issued as required by this Agreement shall be
understood to waive or diminish the effect of the Colorado Governmental Immunity Act
protections enjoyed by the Town.
1.2 Town’s Responsibility
A. The Town will provide the Artist access to the site for installation of the Artwork.
B. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule
in Article 6 of the Agreement.
C. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no
expense to the Artist, as may be necessary for the installation.
D. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist
should communicate and coordinate when necessary, and the Town Representative has the authority to
make decisions for the Town with regard to the matters described herein, including, but not limited to
inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial
and final completion of the Artwork, approving payments to the Artist, approving and coordinating
installation.
E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist
and Title of the Artwork.
Page 33
Page 27
ARTICLE 2. DESIGN CHANGES
A. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town
staff when necessary, develop his original proposal into a Final Design Proposal which includes: 1.) A
working drawing or rendition of the proposed Artwork and the site, and a description of the materials to
be used in the artwork; and 2.) Cost estimates for the design, fabrication, engineering, transportation,
installation, and insurance. The Parks Advisory Board, or a committee thereof, shall review and approve
the final design prior to execution.
B. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1
above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing
or graphic communication to the Town for review and approval. A significant change is considered to be
any alteration which materially affects the approved design or installation. Minor changes do not require
written approval.
ARTICLE 3. COMPLETION DATE
The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year).
Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day,
year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day
for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final
payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God.
ARTICLE 4. ACCEPTANCE OF THE ARTWORK
The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied:
(1) The Artwork is completed, delivered, and installed in accordance with this Agreement and the
approved design, and the Town has verified this; and
(2) The Artist has delivered to the Parks Advisory Board the following:
(a) An executed bill of sale;
(b) Written maintenance and care instructions; and
(c) An original signed Certificate of Authenticity.
ARTICLE 5. PAYMENT SCHEDULE
The Town shall pay the Artist a fixed fee of $_________ that will constitute full and complete compensation for
all services performed, materials furnished, and for the artistic value provided by the Artist under this
Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as
follows:
A. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is
signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing
the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the
Artist is required.
B. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50%
completed and reasonable proof of this, such as digital photographs, has been provided. The Artist
will provide a written invoice for this payment. Page 34
Page 28
A. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and
reasonable proof of this has been provided. The Artist will provide a written invoice for this payment
and digital photographs.
B. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the
Artwork by the Town, as described in Article 4.
The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the
Artist.
ARTICLE 6. WARRANTY
A. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the
creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or
violate the rights of any third party.
B. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics
liens and encumbrances of the Artist.
C. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within
a 200 mile radius of Estes Park.
D. The Artist warrants that all work is performed in accordance with professional “workmanlike”
standards, and fully guarantees the Artwork to be free from defective materials, products, and
workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as
described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a
manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials.
If within one year following the date of final acceptance, the Artist is unable or unwilling to make any
necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss
incurred by the Town as a result of having to complete such repairs. The Artist is not responsible for
damage to the Artwork caused by vandalism, acts of God, Town employees or contractors.
ARTICLE 7. COPYRIGHT
A. The Artist expressly reserves the rights under common law or under the federal Copyright Act to
control the making and dissemination of copies and reproductions of the Work that the court(s) in the
venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist
specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may,
without further approval from or compensation to the Artist, reproduce the Artwork graphically, in
photographs, drawings, or computer generated images for any Town business, including advertising,
promotions, visitor and convention activities, and economic development activities. The Town agrees
that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in
such a manner and location as will comply with U. S. copyright law.
B. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the
Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the
Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town.
The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to
unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the
Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described
Page 35
Page 29
herein, over time future citizens and Town Boards may determine that the Town should remove it or
otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or
changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his
consent.
C. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the
Artist’s violation or claim of violation by any person of any copyright or trademark infringement
whether or not such claim(s) or suit(s) is(are) frivolous.
ARTICLE 8. INDEMNIFICATION
The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s
fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright,
trademark, and all intellectual property claims of any person or persons in consequence of the Town’s
acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or
services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous.
ARTICLE 9. DEATH OR INCAPACITY
If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death
or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the
happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement.
In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to
another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may
terminate this Agreement.
In the event of the death of the Artist, this Agreement may terminate. The Artist’s executor shall deliver the
Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials
and supplies purchased for the Artwork’ fabrication, if not yet completed. The Town has the right to have the
Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing;
however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8.
ARTICLE 10. TERMINATION OF AGREEMENT
The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the
Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in
writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist
is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all
other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If
the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in
whatever form and degree of completion it may be at the time, and all materials and supplies purchased and
obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated,
delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the
copyright to the Artwork and all rights under Article 7.
Page 36
Page 30
ARTICLE 11. WRITTEN NOTICE
The parties agree that any notice required by this Agreement shall be given as follows, including notice of a
change of address or change in the Town Representative:
Town:
Artist:
ARTICLE 12. ENTIRE AGREEMENT
The terms and provisions of this Agreement, including attachments and any amendments, represent the entire
understanding of the parties with respect to the subject matter of this contract. No representations or warranties
are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered
or modified in writing and signed by both parties.
ARTICLE 13. LAW AND VENUE
The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action
arising out of or under this Agreement shall be brought in Larimer County, Colorado.
Signed:
___________________________________
Mayor, Town of Estes Park
________________
Date
___________ __________
Artist
________________
Date
ATTEST:
________________________
Town Clerk
Page 37
Page 31
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK DONATION FORM
Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital
component to the beauty and quality of life in our community. Please complete the information below to
facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic
consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board,
and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes
necessary in the future. Please attach photographs or detailed drawings of the artwork to this form. Please also
attach documentation authenticating the purchase price or appraised value.
GENERAL INFORMATION
Donor name (Individual/Organization/Business):__________________________________________________
Contact person (If different from above):_________________________________________________________
Mailing Address: ___________________________________________________________________________
Phone number & e-mail address: _______________________________________________________________
INFORMATION ABOUT THE ARTWORK
Title of the artwork: _________________________________________________________________________
Name of the artist: __________________________________________________________________________
Mailing address of artist: _____________________________________________________________________
Media or materials used or to be used in artwork: __________________________________________________
Proposed Location of Artwork:
Special Instructions (if any):
When is the artwork available for installation?:
Year completed: _________ Purchase price: $____________ Current value: ______________
Dimensions: ____________________ Weight: _____________________
Long-term maintenance required: ______________________________________________________________
Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or
does it include money for these costs? YES NO
If yes, please provide proposed budget amount: _____________________________
The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this
agreement. Page 38
Page 32
The undersigned herby agrees to donate the above described art work, with the following additional conditions
(if any):
Donor Signature & Date (Please print name after signature)
Return to: Town of Estes Park, Attn: Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park,
CO 80517
Page 39
Page 33
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK LOAN AGREEMENT
Please return to: Town of Estes Park, Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park,
CO 80517
Artist name: _______________________________________________________________________________
Mailing Address: ___________________________________________________________________________
Phone number & e-mail address: _______________________________________________________________
Description of Artwork
Artwork #1 - Title: __________________________________________________________________________
Medium: _____________________________________ Price or Estimated Value: $ _______________
Dimensions (h-w-d): ______________________________ Weight: lbs. _________________________
Artwork #2 - Title: __________________________________________________________________________
Medium: _____________________________________ Price or Estimated Value: $ _______________
Dimensions (h-w-d): ______________________________ Weight: lbs. _________________________
Artwork #3 - Title: __________________________________________________________________________
Medium: _____________________________________ Price or Estimated Value: $ _______________
Dimensions (h-w-d): ______________________________ Weight: lbs. _________________________
I give the Town permission to photograph my art for temporary display on the Town’s website: Yes __ No __
Will hanging art require special installation or equipment other than regular wall hooks? Yes __ No __
Dates of the loan are: _____________________________________________________
The artist understands and agrees to the terms and conditions contained in the Art In Public Places Guidelines
for Temporary Public Works of Art. Exhibits attached to or printed on the opposite side of this agreement. The
artist understands that any insurance payment that might be made will be based upon an appraised value rather
than a declared value. This constitutes the entire agreement between the parties.
Artist’s Signature & Date (Please print name after signature)
------ FOR PARKS ADVISORY BOARD USE ONLY -----
Document and Procedures: Location:
___ Signed Agreement ___ Town Hall ____ Other Location
____________________________________________________
___ Photograph of each piece for insurance (PAB) ___ Insurance information to Risk Management
Page 40
Page 34
TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM
REQUEST FOR PROPOSALS
(______________________ project name_____________________)
The Town of Estes Park Art In Public Places program enriches our community through public
exposure to the arts. The AIPP program weaves public art into the everyday experience of our
community and creates lasting impressions on those who experience it. It enhances our public
spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor
destination, not only for its natural beauty, but also for its vibrant arts scene.
Project Description and Scope
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Eligibility
The project is open to any professional artist with demonstrated experience in creating signature
artwork.
Selection Process
From this Call, an Artist may be selected directly from the initial applications or the artwork
selection panel may elect to interview a limited number of finalists from among the initial
applications based upon their conceptual drawings.
• If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette
(sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review.
Semi-finalists may be required to develop more specific preliminary proposals prior to
final selections. If so, a stipend will be paid.
• A detailed budget will be required of artists selected as semi-finalists. The detailed
budget must include all expenditures in connection with the execution of the project.
(Prior to submitting a proposal, it is recommended that artists prepare such a budget to
ensure the project can be executed as presented.)
ARTIST’S RENDERING OF PROJECT
Page 41
Page 35
• One artist will ultimately be selected to develop their design, fabricate and install the
artwork.
• The artist will be required to carry general liability insurance in the amount of $
(amount).
• Town staff will oversee operations and administer the decisions of the jury panel.
Submission Requirements
All applications must be submitted through the Town website to publicworks@estes.org and
must include:
• A preliminary statement of approach for the project which communicates scope and
scale
• Previous accomplishment(s) with public art pieces of similar appropriate scale as
shown in five-ten images of artwork completed within the past five years.
• The Artist’s conceptual image for the site, which must communicate the scope and
scale of the submitted project: Maximum number of conceptual images: 3
• 3 professional references
Selection Criteria
The primary criteria for selection:
• Scope of Proposal: Does the proposal show an understanding of the project objective,
appropriate scale and desired results? Does the artwork represent history/spirit of the
Town?
• Assigned Personnel: Do the person(s) working on the project have the necessary
skills? Are sufficient people of the requisite skills assigned to the project?
• Availability: Can the work be completed in the contracted time and on-budget?
Timeline
All applications must be submitted through the Town website by (month, day, year).
Final completion date will be determined jointly by the Artist and the Parks Advisory Board;
however, the project must be started shortly after the contract has been awarded.
Budget
A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication,
insurance, installation, travel, contingency and incidental costs. The Town of Est es Park
reserves the right to withdraw from the project prior to such time as a contract is formally
entered into with the Artist. Contract provisions will apply subsequent to the agreement to such
by both parties.
Page 42
Page 36
Submission and Contact Information
Public Works Department
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
(970) 577-3587 publicworks@estes.org
Page 43
Page 37
UTILITY BOX ART
The goal of this project is to beautify the Town using necessary utility boxes to become works
of art instead of solid utilitarian blocks of color.
Town Commissioned Utility Box Art
PAB will oversee the commissioning of art for eligible utility equipment, including but not
limited to painting and vinyl wraps. Eligibility will be determined by the relevant Town
Department. Artists are required to follow the guidelines for utility box art.
A. Designs should be original to the artist or of the artist’s original style, and should be
picture-based, not word-based. Any wording in the design should not be the focal point of
the design and letters should not be any larger than two in ches in height. Designs must be
appropriate for all ages and the Town will not accept any designs that include logos,
copyrighted or trademarked images, advertisements, political, commercial, religious,
sexual symbols, themes or messages.
B. Utility boxes are functioning pieces of equipment and should be treated as such. Designs
and color schemes should not interfere with signage on the box, the ability to open the
box, or interfere with any function of the utility box itself.
C. Location and selection of utility boxes to be painted are subject to approval by the PAB
and the relevant Town Departments.
D. Artists will be required to submit a detailed design proposal to the PAB and the relevant
Town Department for review and approval by the Town of Estes Park Board of Trustees.
If the design proposal is approved by the Town Board, artists will coordinate with the
Town Department representative for box priming, sealing, and final inspection.
Patron-Commissioned Utility Box Art
PAB will oversee patron commissioning of art for eligible utility equipment, including but not
limited to painting and wraps. Eligibility will be determined by the relevant Town Department.
Patrons and artists are required to follow the guidelines for utility box art.
A. Designs should be original to the artist or of the artist’s original style and designs should
be picture-based, not word-based. Any wording in the design should not be the focal
point of the design and letters should not be any larger than two inches in hei ght. Designs
must be appropriate for all ages and the Town will not accept any designs that include
logos, copyrighted or trademarked images, advertisements, political, commercial,
religious, sexual symbols, themes or messages. Acknowledgement or recognition of the
Page 44
Page 38
sponsor in the design (including logos) is acceptable as long as the design, as a whole,
remains non-commercial.
B. Utility boxes are functioning pieces of equipment and should be treated as such. Designs
and color schemes should not interfere with signage on the box, the ability to open the
box, or interfere with any function of the utility box itself.
C. Location and selection of utility boxes to be painted are subject to approval by the PAB
and the relevant Town Department.
Patrons and artists will be required to submit a detailed design proposal to the PAB and the
relevant Town Department for review and approval the Town of Estes Park Board of Trustees.
If the design proposal is approved by the Town Board, patrons and artists will coordinate with
the Town Department representative for box priming, sealing, and final inspection.
Page 45
Outline for Art in Public Places (AIPP) program update to Estes Park
Trustees
revised 10.5.20
History: Estes Park as an Arts community (Bierstadt, Plein Air, Art Center, Estes
Arts District, over 50 local artists and crafts people working in a wide variety of
media, over 15 galleries, 6 major Arts and Crafts events; Public Art tradition (14
wildlife statues, 12 pica bronzes, 16 painted electric utility boxes, etc.); 2014
establishment of the Parks Advisory Board, 2015 AIPP program Ordinance 08-
15, AIPP Guidelines rev. 8.29.19, AIPP Brochure (update?).
Public Art as community enrichment.
Public Art as a visitor attraction; this was the basis for the current AIPP program.
Town owned Art as valuable fixed assets: appreciation, inventory, appropriate
maintenance program, appropriate storage, updated insurance?
AIPP Funding Options:
1. Donations: existing ArtworkDonation form, need: Art Master Plan,
outreach/solicitation program.
2.Grants: need:
Art Master Plan.
Updated comprehensive Art inventory.
Art maintenance guidelines/procedures.
Art Map.
History of Town’s support for local Arts community.
History of grant implementation.
Establishment of an Arts Advisory Committee to advise PAB on Art maintenance
and esthetic quality of Art/Artist selections (only two of the current PAB members
have an Art background).
Local Artists Directory (over 50 local Artist and Crafts people).
Program for supporting local Artists.
3.Art as % of capital expenditure projects: Federal (.5%), State (1%), and over a
dozen other Colorado Town’s programs (.5% to 2%).
Town commitment and direction from Trustees and Administration for continuing
and developing the AIPP program? Request budgeting a nominal amount in
2021 for developing some of the above needs to support future Art grant
proposals?
Provided by Co-Chair Poggenpohl 10-07-2020
Page 46
TOWN ADMINISTRATOR’S
OFFICE
Report
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: October 13, 2020
RE: Review Visit Estes Park Operating Plan
Objective:
Presentation of 2021 Visit Estes Park (VEP) Operating Plan and solicitation of feedback
from the Town Board.
Present Situation:
Per the terms of the Town’s Intergovernmental Agreement with Larimer County for the
formation of the Estes Park Local Marketing District (VEP), VEP is required to file an
Operating Plan with both the Town and the County no later than September 30 of each
year. This Operating Plan must identify services to be provided by VEP, any marketing
and Promotion Tax to be levied by VEP, and such additional information as may be
appropriate or required to inform the Town and the County as to the activities, services,
and funding of VEP in the upcoming calendar year. This Operating Plan must also
include a proposed budget for the next fiscal year.
The Town and the County must both approve, modify, or disapprove the Operating Plan
no later than December 5. At this time, staff plans to schedule the Operating Plan for a
Town Board decision at the October 27 Town Board meeting. If significant modifications
are requested by the Town Board, consideration of the Operating Plan may need to be
delayed to the November 10 meeting to allow time for VEP to make the requested
changes.
Proposal:
Visit Estes Park submitted its 2021 Operating Plan (approved by VEP’s Board of
Directors) on September 29. A copy of the Operating Plan is attached for your
reference.
Finance/Resource Impact:
N/A at this time.
Level of Public Interest
Medium. There is general public interest in the activities of VEP.
Attachments
1. 2021 Visit Estes Park Operating Plan
Page 47
2021 Visit Estes ParkOPERATING PLAN
ATTACHMENT 1
Page 48
Mission Vision
We drive sustainable
year-round economic
growth by encouraging
visitor demand.
To offer positive and
memorable experiences
for guests and quality of
life for our community.
2021 Visit Estes Park OPERATING PLAN
The Visit Estes Park Local Marketing District, DBA Visit Estes Park (VEP) is a Destination Marketing
Organization (DMO) and lodging tax district. Following is the 2021 operating plan for use of lodging tax
dollars collected for this statutory district.
Within it readers will find:
• Key ideas that were foundational to the creation of this operating plan and are a driving force of the
VEP mission and vision
• Audiences and goals
• Colorado Tourism Office data and research supporting VEP’s goals
• A high-level outline of VEP goals, objectives and metrics used to measure success
• An overview of the expected variance between 2020 and 2021 budgets
• A letter from the CEO
• The 2021 budget
The plan reflects careful consideration of the effects that the COVID-19 pandemic has had, and will
have, on demand and budget in the coming year, as well as our vision to positively affect the quality of
life for our community through our execution of it.
Executive Summary
1
Page 49
2021 Visit Estes Park OPERATING PLAN
Key ideas, audiences and goals
Colorado’s
Original
Playground
Sustainable
Tourism
High Quality
Guests
Target
Leisure
Audiences
2021
Organizational
Goals
Our tagline. It reflects the fact that the Estes Valley was founded on
leisure, recreation and adventure travel, and evokes the feeling that the
best of Colorado exists – in its purest form – in Estes Park.
We seek to inform and educate visitors and potential guests on the
Colorado Tourism Office’s Leave No Trace principles so they can join the
Estes Park community in preserving the forests that surround us for future
generations, and contribute to the sustainability of our community.
We strive to attract high-quality guests; this is not a “come one, come
all” approach. Our strategy encourages guests to stay longer and
spend more, while our content educates them on all Estes Park has to
offer in order to spread visitation throughout the area and throughout
the year.
These guests will make greater contributions to the economic vitality
of our town, positively affecting the quality of life of our community.
• Families with children learning remotely
• Outdoorsy urbanites
• Professionals working remotely,
looking for safe extended stays
• Empty nesters looking for a safe
heritage destination
• Colorado and feeder market states
that represent major drive markets
1. Create a stronger year-round leisure market
2. Improve group marketing
3. Support stakeholder and community engagement
4. Promote the Estes Park “experience” and our safe
destination in national markets
2
Page 50
Visit Estes ParkBoard of Directors3
Page 51
According to the CTO
The Colorado Tourism Office (CTO) suggests that aligning with a more adventure-seeking, outdoor-loving
audience is where real long-term growth potential lies. We agree, the outdoor recreation industry is a
powerful force in the overall U.S. economy, with consumers spending $887 billion annually on outdoor
recreation and creating 7.6 million American jobs. Outdoor recreation is included in the top reasons
folks visit Estes Park.
In 2019, Colorado welcomed a combined total of 86.9 million overnight and day
visitors, up 2 percent from 2018. These included a record 39.0 million overnight
visitors, up 3 percent from 37.8 million in 2018.
In 2019, Colorado’s discretionary leisure traveler spent an average of $516 per
person per trip, compared with $372 nationally.
The average length of a Colorado vacation trip fell from 5.0 nights in 2018 to 4.8
nights in 2019, still well above the typical U.S. leisure trip of 3.8 nights. Travel
spending also directly supported a record-high 181,200 jobs, up 3.1 percent from
2018 and well above the national average increase of 1.1 percent.
Colorado travelers spent $4.996 billion last year on lodging, generating $574.8
million in state and local taxes, up 9.2 percent from 2018. For 2020, however,
Oxford Economics currently projects that Colorado lodging taxes will decline by
$253 million.
The biggest challenge for tourism by far will be overcoming fear of coronavirus. The
latest wave of U.S. Travel research with MMGY Global shows that COVID-related
fears outstrip every other consideration for travel, including concerns about
personal finances.
“COLORADO SETS VISITOR SPENDING RECORD IN 2019, BUT CHALLENGES AHEAD”
“The key to this recovery is
clear, but far from simple:
restoring consumer confidence
and making it safe to travel.”
- Cathy Ritter, Director of CTO
4
Page 52
Goal #1
Goal #4
Create a stronger year-round leisure market
Promote the Estes Park “experience” and our safe destination in national markets
All to: Continue the evolution of local storytelling, building on brand success, being flexible with
budget to respond to major external pressures, as we recover from the impacts of Covid-19
How we will measure success: total search impressions, organic sessions, paid clicks, time on site, website
users, booking referrals, book direct data, public relations data
Supported by a dedicated marketing team of three people
Create stronger leisure market visitor demand through innovative year-round marketing programs
Dedicate more resources to video for storytelling on VEP website and social media channels
Target overnight stay, drive market travelers and balance demand with marketing to improve and maximize ROI
Utilize social media platforms and influencers to communicate memorable Estes Park experiences
Leverage marketing budget with collaborative opportunities where they are in alignment with VEP marketing
Continue our trend into a digital-centric plan with a hyper-analytic approach to ROI
Content partnerships: target meaningful, national media outlets to create custom editorial to support
key messaging.
Elevate our own brand approach: be our own media house regarding production where possible
Work with CTO to leverage available grant programs to extend marketing reach to key national markets
Reinforce the Estes Park brand and build upon successes in community brand development
Support marketing and promotion of local events that help to build overnight demand to the Estes Park local
marketing district
A
B
C
D
E
F
G
H
I
J
K
L
Marketing Program Overview
A
B
C
D
E
Group Sales & Marketing Program
Goal #2 Improve group marketing
Supported by one fulltime and one part-time staff member
Improve RFP process to generate high-quality leads, in order to increase room nights and revenue
Continue stakeholder group sales committee to build optimum group tradeshow and outreach efforts
Adjust group marketing budget for 2021 and target the most effective audiences for the maximum ROI
Develop new marketing materials dedicated to support group sales efforts (printed and digital)
Adjust trade show schedule, continue to improve RFPs, target key group markets for Estes Park
Track room nights generated and continue to build group database for future bookings
F
G
How we will measure success: number of total leads generated, number of total rooms generated,
economic value of group bookings, lead prediction (off season vs. prime demand periods).
5
Page 53
How we’ll measure success: generated advertising revenues to enhance marketing capabilities aligning with
2021 budget, listing click-throughs by account, listing views by account, total referrals by account, total
number of stakeholders whose digital presence improved.
A
B
C
D
E
F
G
Stakeholder Services Program
Goal #3 Support stakeholder and community engagement
2.75 staff dedicated to support stakeholder services, our local business community
Continue improvement and training for stakeholder businesses to take advantage of VEP marketing
opportunities, including free programs that support local tourism businesses
Improve advertising sales programs: VEP Official Visitors Guide, digital advertising and other programs
Improve effectiveness for all stakeholders in their free Google business listings and Google
travel pages
Support local business marketing by returning to brochure distribution as the Visitor Center returns
Provide added perceived value for stakeholders in their marketing by working with Visit Estes Park
Communicate marketing and advertising opportunities effectively to stakeholders
How we’ll measure success: survey the community for VEP tourism support and sentiment, measure engagements
with stakeholders and community members, continue to collaborate with local partners, attend community
and business group meetings, support local government and boards, be an integrated and valued part of the
community, communicate effectively the local stories that positively impact the community and reinforce the value
of tourism marketing.
A
B
C
D
E
F
G
H
Community Engagement Program
Goal #3 Support stakeholder and community engagement
Community outreach needs to be supported by the board, CEO and staff
Communicate effective marketing program impacts and collaborative opportunities that support the
community and helps us to compete in the tourism market
Actively engage with the local community and foster an environment of cooperation and sharing of ideas
and focus upon being effectively transparent to the community
The community must be and feel safe and understand the effective working relationship that VEP has
with our partners as we support the community and the tourism market
Continue to develop and reinforce Estes Park’s brand and support brand engagement in the
community
Efforts to support and reinforce positive engagement with visitors should be done in a
responsible, safe and memorable way that reinforces positive experiences
Address the need for destination marketing in Estes Park for the benefit and well-being of
every person
Work with community members including the Chamber, EDC, Town, County, Rocky Mountain
National Park and other organizations to improve the quality of life to benefit our community
and visitors
6
Page 54
Budget Variance Overview
Primary Income Variances
District Tax Fund Income
Visitor Guide Sales - Stakeholders
Other Ad Sales - Stakeholders
The following is an overview of budget variances looking at 2020 “projected/actuals” compared to the
2021 budget. As directed by the board of directors, VEP will fulfill its responsibility of driving tourism to
the local marketing district and rebuild reserves depleted during the pandemic over the next three years.
The full 2021 budget follows.
The VEP Board recommended a conservative approach to budgeting for 2021 due to decreased lodging
tax income in 2020 and substantial concern about future demand and the potential for Covid-19 impacts
to carry over into visitor demand in 2021.
VEP staff reviewed actual and projected revenues through 2020 and believes that the 2021 budget
numbers are reasonable and likely to be accurate if there is not another major impact to the economy. We
do not anticipate a full recovery in 2021 and therefore have forecast lower lodging revenues as compared
with past year’s actuals – 2018 and 2019 were about $300,000 higher.
The District and Board made the decision to not produce a new Visitor’s Guide for 2020 and therefore
will show $0 as revenue for 2020. For 2021 we are anticipating softer sales for the Official Visitor’s
Guide and this line item reflects that.
We expect business recovery to impact “other” ad sales so are taking a conservative approach to the
total “other” advertising sales revenue we expect for 2021. The budget for 2020 was $602,000 and this
budget would be $152,000 less than a normal year budget.
2020 Projected/Actuals
2020 Projected/Actuals
2020 Projected/Actuals
$1,496,201
$0 (Timing)
$383,634
$2,050,000
$180,000
$450,000
$553,799
$180,000
$66,366
2021 Budget
2021 Budget
2021 Budget
Variance
Variance
Variance
7
Page 55
Primary Expense Variances
Personnel
Marketing & Operations
Group Marketing
Official Visitors Guide
The personnel budget was reduced in early 2020 and will continue to be held at a reduced level
throughout 2021; three open positions will not be filled in this time. Staff collaborated to find efficiencies
and personnel were willing to make adjustments to their job descriptions and take on more work, which
will allow us to operate effectively. There is no plan to fill any further positions at Visit Estes Park into the
future at this time and certainly not until we have fully recovered our reserves through 2023. The
reduction in 2020 for total labor compared to budget was ($132,000).
Marketing and operations considers the high level view of combined expense line items, including all
marketing, and is intended as an overall look at expenses. The budget for 2020 was $2,172,500 and
due to Covid-19 staff substantially reduced expenses to $1,396,375 for a reduction from 2020 budget
of ($776,125). This was necessary due to much lower than normal lodging tax revenues.
The group marketing budget will be reduced as a result of continued lower than normal anticipated
demand for 2021. The focus will be on social markets, which represents our highest demand sector and
remains the strongest market sector for 2020 and 2021. The budget for 2020 was $110,000 and has
been reduced compared with 2020 budget by ($61,000).
The Estes Park Official Visitors Guide will be published through a new vendor and will be distributed by
the vendor in 2021. The guide will be published based on a new production model for responding to
demand levels rather than annual dates, and printed based on demand to avoid waste and improve
distribution costs. No guide was produced in 2020 but distribution costs remained.
$1,081,000
$1,396,375
$55,000
$140,000
$1,100,000
$1,415,000
$49,000
$200,000
$19,000
$18,625
($6,000)
$60,000
2020 Projected/Actuals
2020 Projected/Actuals
2020 Projected/Actuals
2020 Projected/Actuals
2021 Budget
2021 Budget
2021 Budget
2021 Budget
Variance
Variance
Variance
Variance
8
Page 56
Other Expenses
Rent & Utilities
Additional reductions in expenses have been made in many other line items of the budget to achieve full recov-
ery of reserves by the end of 2023 as are shown in the full budget. A conservative approach to total income was
forecast to be as realistic as possible. We believe this is a prudent and reasonable way to forecast the upcoming
year’s budget based on historical results and taking into account the impacts of the Covid-19 pandemic and the
likely business recovery in 2021.
Rent and utilities were completely revamped during 2020 with a new office location for Visit Estes Park and far
improved rental conditions. The workplace is also an improvement for staff, making it more convenient for team-
work combined with privacy. The new office location is $39,000 less expensive than our previous location which
will translate into annual savings for many years to come.
Dear Partners,
I would like to take a moment to thank the Visit Estes Park (VEP) team and Board of Directors for assisting in the
creation of the 2021 operating plan as they all contributed and considered how best to approach this plan. Thank
you also to our partners in the community and to our local government teams for their ongoing and generous
support. Our entire board and team are dedicated and committed to the success of everyone in the local
marketing district in 2021.
We believe this is a responsible and carefully thought out budget and operating plan that represents a
commonsense approach to marketing Estes Park and will help to support our business community and assist our
businesses in recovery in 2021.
Due to the Covid-19 pandemic, 2021 budget forecasts and operations were carefully considered. Supporting our
local businesses will be our first and foremost concern, but with the objective to build back VEP reserves during
the next two to three years.
2020 year-end net results are likely to be a loss of ($565,227) therefore, we have built a budget designed to
replenish reserves in 2021 by $210,000 through reduction of expenses and realizing increased revenues, with the
goal of reserves being balanced by 2023.
Eric Lund President/CEO Visit Estes Park
$75,000 $36,000 ($39,000)
2020 Projected/Actuals 2021 Budget Variance
This is a challenge the VEP team has worked carefully to address and represents the true
commitment of everyone on the team to reduce costs, while also keeping in mind our
mission.
With the help and support of our partner agencies, local government and organizations,
and local businesses we will help to grow a healthy and sustainable year-round economy to
positively affect the quality of life of our community.
We are all in this together, and we look forward to working collaboratively to see an
improved 2021.
From the CEO
9
Page 57
2021
Budget
Page 58
Eric budget request - 9-7-20 Income
11
2020 Budget 2020 COVID adjustments 2020 Variance 2021 tentative budget 2020 COVID vs. 2021 Budget
Revenues
District Lodging Tax $2,472,000.00 $1,496,200.75 -$975,799.25 $2,050,000.00 $553,799.25
Non-Tax Revenue: Official Visitor Guide $280,000.00 -$280,000.00 $180,000.00 $180,000.00
Non-Tax Revenue: Stakeholder Services $602,000.00 $383,634.21 -$218,365.79 $450,000.00 $66,365.79
Subtotal Non-Tax Revenue $882,000.00 $1,879,834.96 $997,834.96 $2,680,000.00 $800,165.04
Town of Estes park Marketing Investment
Larimer County Marketing Investment
Larimer County Payment in Lieu of Tax (PILT)$5,412.66 $5,412.66 $0.00 $0.00 -$5,412.66
Subtotal Alternative Funding Sources $5,412.66 $5,412.66 $0.00 $0.00 -$5,412.66
Grants & Awards $25,000.00 $25,000.00 $0.00 $40,000.00 $15,000.00
Other Income $1,900.00 $1,900.00 $0.00 $5,000.00 $3,100.00
Total Revenues $3,386,312.66 $1,912,147.62 -$1,474,165.04 $2,725,000.00 $812,852.38
Expenses
Personnel Services $1,213,000.00 $1,081,000.00 -$132,000.00 $1,100,000.00 $19,000.00
Marketing & Operations $2,172,500.00 $1,396,375.00 -$776,125.00 $1,375,000.00 -$21,375.00
Grants & Awards $25,000.00 $25,000.00 $0.00 $40,000.00 $15,000.00
Total Expenses $3,385,500.00 $2,477,375.00 -$908,125.00 $2,515,000.00 $37,625.00
Excess (Deficiency) of Revenues Over Expenses $812.66 -$565,227.38 $210,000.00
Increase (Decrease) in Fund Balance $812.66 -$565,227.38 $210,000.00
Beginning Fund Balance (does not include reserves)$680,200.63 $680,200.63 $114,973.25
Ending Fund Balance*$681,013.29 $114,973.25 $199,973.25 *increase in fund balance minus the
$125,000 proposed to partially replenish reserves.
Restrictions
Stragetic Reserve $800,000.00 $550,000.00 $675,000.00
TABOR Reserve: 3% of Expenses $101,565.00 $101,565.00 $97,431.00
Total ending cash assets $1,582,578.29 $766,538.25 $972,404.25
Page 59
Eric budget request - 9-7-20 expenses
12
2020 budget 2020 COVID Adjusted 2020 Variance 2021 budget 2020 COVID vs. 2021 Budget
Personnel Services ($ 1,213,000.00)$1,081,000.00 ($ (132,000.00) ($ 1,100,000.00)($19,000.00)
($ -)($-)
Marketing & Operations ($ -)($-)
Special Advertising & Marketing - Grants ($ 25,000.00) $25,000.00 ($ -)($ 40,000.00) ($15,000.00)
Search Engine Optimization ($ 24,000.00) $24,000.00 ($ -)($ 12,000.00) ($(12,000.00)
Media Placement - Traditional ($ 300,000.00) $175,000.00 ($ (125,000.00) ($ 275,000.00) ($100,000.00)
Medial Placement - Digital ($ 590,000.00) $375,000.00 ($ (215,000.00) ($ 259,000.00) ($(116,000.00)
Media Planning & Buying ($ 100,000.00) $65,000.00 ($ (35,000.00) ($ 60,000.00) ($(5,000.00)
Creative Assets - Outside Fees ($ 5,000.00) $0.00 ($ (5,000.00) ($ 5,000.00) ($5,000.00)
Creative Assets- Agency Fees ($ 5,000.00) $0.00 ($ (5,000.00) ($ 1,000.00) ($1,000.00)
Creative Expenses $ - $ -
Agency Planning and Management ($ 140,000.00) $99,000.00 ($ (41,000.00) ($ 100,000.00) ($1,000.00)
Advertising Contingency $ - $ -
Group Sales & Group Marketing ($ 110,000.00) $55,000.00 ($ (55,000.00) ($ 49,000.00) ($(6,000.00)
International Promotion ($ 14,500.00) $500.00 ($ (14,000.00) $ -
Research ($ 50,000.00) $30,000.00 ($ (20,000.00) ($ 12,000.00) ($(18,000.00)
Destination Product Development ($ -)($-)
Website ($ 65,000.00) $85,000.00 ($ 20,000.00) ($ 80,000.00) ($(5,000.00)
Brand Strategy $ - $0.00 $ -
Trade Shows $ - $0.00 $ -
Economic Development ($ 17,500.00) $17,500.00 ($ -)($ 10,000.00) ($(7,500.00)
Audit ($ 19,000.00) $11,000.00 ($ (8,000.00) ($ 13,500.00) ($2,500.00)
Bookkeeping ($ 2,500.00) $4,500.00 ($ 2,000.00) ($ 4,000.00) ($(500.00)
Contingencies - General Operations ($ 2,500.00) $0.00 ($ (2,500.00) ($ 2,500.00) ($2,500.00)
Payroll Processing & Human Resources ($ 4,500.00) $375.00 ($ (4,125.00) ($ 4,500.00) ($4,125.00)
Legal ($ 20,000.00) $5,000.00 ($ (15,000.00) ($ 10,000.00) ($5,000.00)
Office Supplies, Postage, Printing ($ 22,000.00) $22,000.00 ($ -)($ 25,000.00) ($3,000.00)
Office Equipment & Software ($ 25,000.00) $15,000.00 ($ (10,000.00) ($ 20,000.00) ($5,000.00)
Rent & Utilities ($ 75,000.00) $75,000.00 ($ -)($ 36,000.00) ($(39,000.00)
Insurance ($ 15,000.00) $15,000.00 ($ -)($ 16,000.00) ($1,000.00)
Cell Phone & Mileage ($ 11,000.00) $6,000.00 ($ (5,000.00) ($ 9,000.00) ($3,000.00)
Page 60
Eric budget request - 9-7-20 expenses
13
Education & Conferences ($ 49,000.00) $7,000.00 ($ (42,000.00) ($ 20,000.00) ($13,000.00)
Information Technology Support ($ 2,000.00) $2,000.00 ($ -)($ 2,000.00) ($-)
Meals & Incidentals ($ 9,000.00) $2,500.00 ($ (6,500.00) ($ 5,500.00) ($3,000.00)
Memberships ($ 18,000.00) $6,000.00 ($ (12,000.00) ($ 10,000.00) ($4,000.00)
Media Familiarization Tours ($ 64,000.00) $15,000.00 ($ (49,000.00) ($ 20,000.00) ($5,000.00)
Public Relations Firm ($ 80,000.00) $80,000.00 ($ -)($ 80,000.00) ($-)
Public Relations Promotions ($ 18,000.00) $18,000.00 ($ -)($ 10,000.00) ($(8,000.00)
eMail Marketing ($ 9,000.00) $9,000.00 ($ -)($ 9,000.00) ($-)
Social Media ($ 7,500.00) $7,500.00 ($ -)($ 5,000.00) ($(2,500.00)
Stakeholder Communications ($ 10,000.00) $4,500.00 ($ (5,500.00) ($ 10,000.00) ($5,500.00)
Marketing Data & Analytics Platform $ - $ -
Official Visitor Guide ($ 261,000.00) $140,000.00 ($ (121,000.00) ($ 200,000.00) ($60,000.00)
Total Marketing & Operations Expense $1,396,375.00 ($ 1,415,000.00)($18,625.00)
Grand Total $2,477,375.00 ($ 2,515,000.00)($37,625.00)
Page 61
@VisitEstesPark VisitEstesPark.com/Transparency
Page 62
2021 Operating Plan
Mission
We drive sustainable year-round
economic growth by encouraging visitor
demand.
Page 63
Vision
To offer positive and memorable experiences for guests and quality of life for our community.
Create a stronger
year-round leisure market
•Digital-centric plan with a focus on provable ROI
•Collaborative efforts with local organizations to create
lasting positive community impact and national media
attention
•Continue to shift away from outside vendors to
produce content in house
Metrics
Booking referrals, search impressions, organic sessions, time on site Page 64
Create stronger group
marketing program.
•Reduce staffing to one fulltime employee
•Integrate group marketing into stakeholder services to streamline stakeholder
relations
•Engage one-on-one with stakeholders to improve their group presence and
appeal
•Adjust focus from tradeshows to more relevant markets based on current global
sentiment
•Develop trackable metrics for success based on the Estes group markets
(wedding, associations, corporate, athletic and social)
Metrics
Leads generated, room nights generated,
economic value of group bookings
Promote stakeholder and
community engagement.
•Increase free stakeholder training programs
•Official Visitor Guide moving to a flexible and on-demand
publication schedule
•Continue to expand the value of listings on
VisitEstesPark.com
•Revisit the Google business listings seminar cancelled in
Q2 2020
Metrics
Advertising revenue, listing click-throughs, listing views,
total referrals Page 65
Promote the Estes Park
“experience” and our safe
destination in national
markets
•Continue the branded mask program
•Marketing that speaks to the pandemic traveler: solitude, remote work,
remote learning and reconnecting with nature
•Leveraging social influencers to show the authentic Estes experience
•Continue to promote the “Keep NoCo Open” initiative
•Expand local storytelling in marketing efforts with a cooperative grant
Metrics
Social media engagement, lodging tax generated,
book direct data
2021 Target Audiences
•Outdoorsy urbanites
•Families and professionals working/learning remotely
•Empty nesters/DINK
•Extended drive market
Page 66
COVID-19 Considerations
•Visit Estes Park will continue to be responsible and
respect National, State and Local guidelines
•Marketing initiatives will be digital and flexible in
order to adapt if/when the pandemic forces change
•Continue to update the COVID-19 landing page on
VisitEstesPark.com as a resource for guests and
stakeholders
Budget Review - Income
2020 2020 Covid 2021 Variance(COVID20 – 2021)
•District Lodging Tax Fund $ 2,472,000 1,795,607 2,050,000 254,393
•Official Visitors Guide $ 280,000 0.00 180,000 180,000
•Web Sales $ 602,000 383,634 450,000 66,366
•Grants & Awards $ 25,000 25,000 40,000 $15,000
•Other Income $ 7,312 7,312 5,000 (2,312)
Total:$ 3,386,312 2,211,553 2,725,000 513,447
Page 67
Budget Review - Expenses
2020 2020 Covid 2021 Variance(COVID20 – 2021)
•Marketing, PR & Operations $ 2,172,500 1,714,335 1,440,000 (274,335)
•Personnel $ 1,215,000 1,213,000 1,100,000 (113,000)
______________________________________________________________________________
•Group Marketing $ 110,000 55,000 49,000 (6,000)
•Official Visitor Guide $ 261,000 163,000 200,000 37,000
•Rent & Utilities $ 75,000 75,000 36,000 (39,000)
•Total Expenses $ 3,385,500 2,795,335 2,540,000 (255,335)
Net Income:
2020 2020 Covid 2021
Net Income $ 812 ($583,781.08)$185,000
*
Estes Park Athletes in Residence Anthem Video
Page 68
TOWN ADMINISTRATOR’S OFFICE Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: October 13, 2020
RE: Discussion of Workforce Housing Guidelines
Objective:
Receive feedback and direction from the Town Board on workforce housing that will be
used to develop a policy that:
1. Defines workforce housing for the Town’s purposes
2. Articulates the Town’s workforce housing goals
3. Articulates the Town’s role related to workforce housing
4. Establishes a funding mechanism to advance the Town’s workforce housing
goals
Present Situation:
The Workforce Housing and Childcare Task Force Final Report states that the lack of
availability and affordability of workforce housing in the Estes Valley is at a “crisis level.”
While there are divergent views on the role the Town should play in addressing the
crisis, there is widespread agreement that the current situation makes it difficult for local
businesses and other employers, including the Town, to attract and retain employees
for both year-round and seasonal occupations.
The previous Town Board acknowledged the issues and challenges presented by the
lack of workforce housing in the Estes Valley, as indicated by some key objectives
included in the 2020 Strategic Plan: 1) Establish Workforce Housing Guidelines; and 2)
Support workforce housing strategic planning efforts.
Proposal:
Staff proposes that the Town Board review the information and recommendations below
and provide feedback and direction that will be used to develop a Workforce Housing
Policy.
Page 69
1. Defining Workforce Housing
The term “workforce housing” is typically understood to mean housing that is affordable
for workers within reasonable proximity to their workplaces. As such, when defining
“workforce housing” both affordability and proximity should be considered.
Regarding proximity, generally the Town considers the Estes Park School District R-3
boundaries as proximal to work within the Town and the Estes Valley. This designation
also makes sense for our purposes of defining workforce housing.
Affordability is a function of the relationship between a household’s income and the
housing costs of the area. According to the U.S. Department of Housing and Urban
Development (HUD), if a family spends more than 30% of their income on housing, it is
considered a cost burden (i.e. not affordable). In other words, a housing unit is
considered “affordable at 80% of Area Median Income (AMI)” if a household whose
income is at or below 80% of AMI can afford to live in the unit without spending more
than 30% of their income on housing costs. HUD considers households earning less
than 80% of the AMI as “low-income,” and households earning less than 50% of the
AMI as “very low-income.” In Estes Park, the median household income in 2020 is
approximately $56,200 while the median home value is about $490,000. To provide
some perspective, the State’s median household income is about $68,800 and median
home value is about $408,700. (For further context, more information on AMI specific to
Larimer County is available below.)
Given the fact that the average earner in Estes Park makes less than the state average
while area housing is more expensive than the state average, it follows that a broader
range of incomes should be considered when defining what is affordable locally. This is
the reason why the Estes Park Housing Authority typically utilizes an AMI range up to
150% AMI when determining who is eligible for their affordable (income-restricted)
housing options. What this means in practice differs for rental and ownership units, both
of which are needed.
The Estes Park Housing Needs Assessment, released in January 2016, found that an
income of over 200% AMI is required to afford a median priced home in the area. It
further states that “affordable” home ownership prices should range between $115,000
and $350,000 (or 50% to 150% AMI) for working households. With respect to rentals,
the Housing Needs Assessment points out that there simply are not enough year-round
rental units available at any price point. At the time of the study, the average area rent
was approximately $950 for a two-bedroom unit (including market and subsidized units).
This rent was deemed affordable for households with incomes of at least $38,000 per
year, or 63% AMI. The Assessment concluded that, when available, rental units should
be priced below $1,250 per month in order to be considered affordable.
Page 70
Figure 1: Larimer County 2020 Area Median Income
Staff Recommendation: Based on the considerations outlined above, staff
recommends that workforce housing be defined as housing within the Estes Park R-3
School District for people who work within the school district (proximity) that is attainable
for someone earning less than 175% AMI (affordability). Thus, workforce housing
opportunities created or facilitated by the Town should be located within the school
district and pricing should generally accommodate individuals and families making less
than 175% AMI. The Workforce Housing Policy could specify ownership and rental
price points and corresponding income levels, including some allotment of workforce
housing that is not income restricted, which would be determined in collaboration with
the Estes Park Housing Authority.
It should be noted that the Estes Park Development Code (EPDC) includes precise
definitions of “attainable” and “workforce” in Section 11.4.C.4. Depending on the Board’s
interests and direction related to this policy, this section of the EPDC may need to be
amended as well to ensure consistency in our regulatory documents.
2. Workforce Housing Goals
Page 71
It is important to establish goals, even if they are high level, in order to help guide and
focus strategies and efforts. The Town’s goals associated with workforce housing,
aligned with the mission of the EPHA, should speak to the supply of housing in general,
the preservation of existing workforce housing, creation of new workforce housing, and
housing affordability. By way of reference, the mission of the Estes Park Housing
Authority states: “In order to ensure a balanced and sustainable community the Estes
Park Housing Authority creates and facilitates housing opportunities and services for
persons of low and moderate income.”
Staff Recommendation: Staff recommends the Board consider including the following
goals in the Workforce Housing Policy.
• Increase the availability of workforce housing (as defined above) in the school
district.
• Preserve or facilitate rehabilitation of existing workforce housing as opportunities
arise.
• Promote the construction of housing within the school district that is affordable to
households with incomes at or below 175% of the area-wide median.
• Promote greater housing choices (including levels of affordability) for households
with incomes at or below 175% of the area-wide median income to have greater
housing choices within the school district, including those for year-round
employees as well as seasonal employees.
• Assist local employers in reducing critical labor shortages of skilled and semi-
skilled workers by providing housing that will be accessible to the worker’s places
of business.
3. Articulating the Town’s Role
Present Situation
The Workforce Housing and Childcare Task Force Report states that, “the Town has the
opportunity to drive community-wide role clarification with regard to workforce housing
by establishing its own role. The Town should formalize this role and promote it during
workforce housing strategic plan conversations.”
Currently, the Town owns five housing units that are used to house eligible Town
employees who apply through a lottery system. We also have a Home Ownership
Program for eligible staff, where the Town provides up to $555.55 per month for up to
three years to assist and incentivize employees to save for a down-payment (this is
currently on hold for new employees as a budget savings strategy). Beyond these
concrete measures, the Town works regularly and collaboratively with the Estes Park
Housing Authority, including providing the organization with Outside Entity Base
Funding, to work to better understand and address workforce housing needs in the
community. The Town is also considering partnering with developers to utilize Town-
owned property to develop workforce housing.
Page 72
In order to encourage development of workforce housing, the Town has also adapted its
Development Code “to create an incentive to provide a variety of attainable and
workforce housing for persons living and/or working in the Estes Valley (Ord. 2-02 #9).”
Under the Code, all multi-family residential developments in the RM (Multi-Family
Residential) zoning district are eligible for an attainable or workforce housing density
bonus of up to two times (200%) of the base maximum (Net Density standards are set
forth in the Estes Park Development Code). In practice, RM (Multi Family Residential)
zoning allows for eight units per acre. However, the Code permits that density to be
doubled to 16 units per acre if the development provides workforce or attainable
housing.
Finally, the Town has the option of subsidizing planning, building permit, and/or tap fees
for development that adds to the Town’s housing stock. We have provided such
subsidies several times in recent years. The number and level of subsidies available
depends on funding availability from year-to-year.
Formal Role?
The Town clearly recognizes the challenges resulting from a lack of workforce housing,
but what is the Town’s formal role when it comes to addressing workforce housing
needs in the community? While there are significant resource constraints when it comes
to developing property on our own, the Town can and does assist in developing longer
term strategies to address capacity. Partners in this effort include community members,
the Estes Park Housing Authority, the Estes Park Economic Development Corporation,
Larimer County, local employers, and private developers. In fact, the Estes Park
Housing Authority, in collaboration with the Town and area employers, is currently
engaged in developing a Workforce Housing Strategic Plan. The plan will build on the
recommendations of the 2016 Housing Needs Assessment and should be informed by
the guidelines in this document.
Staff Recommendation: With the above considerations in mind, the Town’s formal role
with respect to workforce housing should be to:
• Support the EPHA both financially and as an active partner and participant in its
housing development and strategic planning efforts.
• Advocate for development that includes workforce housing with a range of
affordability for households with incomes at or below 175% of the area-wide
median income
• Partner with private entities/developers to create workforce housing on Town-
owned property (although the preferred approach is to work through the EPHA in
these efforts).
• Provide financial support for the development of workforce housing.
• Periodically review the Development Code and make revisions as appropriate
and feasible to encourage development of workforce housing; this may include
consideration of vacation rental caps, incentivizing long term rentals,
consideration of how covenants associated with workforce housing are treated,
Page 73
raising height limits to increase density, developing/changing regulations to allow
Accessory Dwelling Units, etc.
4. Establishment of a Funding Mechanism for Workforce Housing Initiatives
In addition to financial support already mentioned – namely financial contributions to the
EPHA and development related subsidies – the Town also may appropriate funds
during the annual budget development process to be used for workforce housing
initiatives. These funds may be in the form of one-time appropriations or contributions to
a Workforce Housing Reserve Fund.
If created, a Workforce Housing Reserve fund would be dedicated for purposes of
advancing the workforce housing goals outlined above. Projects that may be funded
include the purchase of existing housing, redevelopment, rehabilitation or repair of
existing housing, demolition of unsafe structures, land acquisition, construction of new
housing, down payment assistance, subsidies for mixed-income and mixed-use
developments, and necessary pre-development activities. The Fund could be
contributed to on an annual basis through a variety of mechanisms. For example, an
appropriation from the Unassigned General Fund fund balance or from sales taxes
collected in excess of budget. Other revenue sources could include donations, clean
and lien repayments, loan repayments, vacant property registration fees or property tax
surcharges, proceeds from the sale or lease of public property, grants and other
workforce housing related activities.
Funding from the Workforce Housing Reserve Fund would be awarded by the Town
Board as opportunities arise based on staff recommendations. Recommendations
would be made in consideration of the Town’s adopted Workforce Housing Goals,
demonstrated need in order for a project to be successful, and available funding.
Staff Recommendation: Staff recommends creating a reserve fund dedicated to
advancing the Town’s goals associated with Workforce Housing. In order to fund the
reserve, staff recommends earmarking a portion of sales tax revenue in excess of 105%
to be appropriated to the workforce housing reserve. This way, we could contribute to
the reserve in “good” years but are not obligated to do so when sales tax revenues do
not meet budgeted projections. This would not necessarily need to be included as part
of the Fund Balance Policy, but rather a consideration by the Board each year during
the budget development process. Staff also recommends that funds budgeted for tap
and other fee subsidies be included as contributions to the reserve fund during the
budget development process in order to keep workforce housing related funds in one
place for budgeting and accounting purposes.
Advantages:
• Workforce housing is an identified priority area in the Town Board’s Strategic
Plan. Establishing a policy and guidelines will help clarify how the Town defines
workforce housing, articulate the Town’s role in addressing workforce housing
issues and needs, and establish a funding mechanism that can be utilized when
opportunities arise. Challenges associated with workforce housing are expected
Page 74
to increase moving forward, as the housing market has actually become more
competitive during COVID.
Disadvantages:
• Funds dedicated to a workforce housing reserve could only be used for the
intended purpose, meaning it would draw resources away from other projects or
needs.
Finance/Resource Impact:
Not applicable at this time – will depend on the Board’s interest in creating a reserve
fund or otherwise allocating funds to be used to address workforce housing needs.
Level of Public Interest
High.
Attachments
1. Workforce Housing Guidelines Presentation.
Page 75
Study Session:
Workforce Housing Guidelines
October 13, 2020
Tonight’s
Objectives
Ɣ Receive feedback and direction from the Town
Board on workforce housing that will be used to
develop a policy that:
a. Defines workforce housing for the Town’s
purposes
b.Articulates the Town’s workforce housing
goals
c.Articulates the Town’s role related to
workforce housing
d. Establishes a funding mechanism to
advance the Town’s workforce housing
goals
ATTACHMENT 1
Page 76
Present Situation Ɣ The Workforce Housing and Childcare Task
Force Final Report states that the lack of
availability and affordability of workforce
housing in the Estes Valley is at a “crisis level.”
Ɣ The Town Board’s 2020 Strategic Plan includes
objectives related to Workforce Housing:
ż Establish Workforce Housing Guidelines
ż Support workforce housing strategic
planning efforts
Objective 1:
Define Workforce Housing
Key Considerations
Ɣ The term “workforce housing” is typically understood to mean housing that is affordable for workers within reasonable
proximity to their workplaces. As such, when defining “workforce housing” both affordability and proximity should be
considered.
Ɣ The Estes Park Development Code (EPDC) has specific definitions of “attainable” and “workforce” housing -Section 11.4.C.4.
ż Both the EPDC and Estes Park Housing Authority consider affordable to be in the 30-150% AMI range.
ż The Estes Park Housing Needs Assessment, released in January 2016, found that an income of over 200% AMI is
required to afford a median priced home in the area
Ɣ Estes Park has a lower Area Median Income than the State and County, but higher median home prices.
Staff Recommendation
Ɣ Workforce housing opportunities created or facilitated by the Town should be located within the school district (for people also
working within the school district boundaries) AND pricing should generally accommodate individuals and families making less
than 175%AMI. The Workforce Housing Policy could specify ownership and rental price points and corresponding income
levels, including some allotment of workforce housing that is not income restricted, which would be determined in collaboration
with the Estes Park Housing Authority.
Page 77
AMI for Larimer County
Objective 2:
Establish Goals
Key Considerations
Ɣ It is important to establish goals, even if they are high level, in order to help guide and focus strategies and efforts. The Town’s
goals associated with workforce housing, aligned with the mission of the EPHA, should speak to the supply of housing in
general, the preservation of existing workforce housing, creation of new workforce housing, and housing affordability.
Staff Recommendation
Ɣ Increase the availability of workforce housing (as defined above) in the school district.
Ɣ Preserve or facilitate rehabilitation of existing workforce housing as opportunities arise.
Ɣ Promote the construction of housing within the school district that is affordable to households with incomes at or below 175% of
the area-wide median.
Ɣ Promote greater housing choices (including levels of affordability) for households with incomes at or below 175% of the area-
wide median income to have greater housing choices within the school district, including those for year-round employees as
well as seasonal employees.
Ɣ Assist local employers in reducing critical labor shortages of skilled and semi-skilled workers by providing housing that will be
accessible to the worker’s places of business.
Page 78
Objective 3:
Articulate the Town’s Role
Key Considerations
Ɣ The Town currently: owns five housing units for employee housing, has a homeownership program for eligible staff (currently on
hold), provides support for Estes Park Housing Authority (as a partner in strategic planning efforts AND financially), encourages
development of workforce housing through the EPDC, and subsidizes planning, building permit, and/or tap fees where
development adds to housing stock.
Staff Recommendation
Ɣ Support the EPHA both financially and as an active partner and participant in its housing development and strategic planning efforts.
Ɣ Advocate for development that includes workforce housing with a range of affordability for households with incomes at or below 175% of the
area-wide median income
Ɣ Partner with private entities/developers to create workforce housing on Town-owned property (although the preferred approach is to work
through the EPHA in these efforts).
Ɣ Provide financial support for the development of workforce housing.
Ɣ Periodically review the Development Code and make revisions as appropriate and feasible to encourage development of workforce housing;
this may include consideration of vacation rental caps, incentivizing long term rentals, consideration of how covenants associated with
workforce housing are treated, raising height limits to increase density, developing/changing regulations to allow Accessory Dwelling Units,
etc.
Objective 4:
Funding for Workforce Housing Initiatives
Key Considerations
Ɣ Currently, the Town provides direct workforce housing related funding through contributions to the EPHA, development related
subsidies, and through the Homeownership program for eligible employees. The budget for such funding is determined
annually as part of the budget process, though there is no formal goal or funding mechanism in place.
Staff Recommendation
Ɣ Create a reserve fund dedicated to advancing the Town’s goals associated with Workforce Housing.
Ɣ In order to fund the reserve, staff recommends earmarking a portion of sales tax revenue in excess of 105% to be
appropriated to the workforce housing reserve. This way, we could contribute to the reserve in “good” years but are
not obligated to do so when sales tax revenues do not meet budgeted projections. This would not necessarily need to
be included as part of the Fund Balance Policy, but rather a consideration by the Board each year during the budget
development process.
Ɣ Include budget for tap and other fee subsidies as contributions to the reserve fund during the budget development
process in order to keep workforce housing related funds in one place for budgeting and accounting purposes.
Page 79
Next Steps Ɣ Use feedback provided by the Board to develop
formal Workforce Housing Guidelines for
consideration and approval at an upcoming
meeting.
Page 80
October 27, 2020
• Parking Division Year in Review and
Plans for 2021
• Family Advisory Board
Recommendations
November 10, 2020
• Revisit Fee Waiver/Subsidy
Policies
November 24, 2020
• Stormwater Next Steps
December 8, 2020
• Downtown Estes Loop Quarterly
Update
January 12, 2021
• None
January 26, 2021
• Parking Enforcement Municipal
Code Changes
Items Approved – Unscheduled:
• Discussion with County Assessor
regarding Assessment of Vacation
Rentals
• Distributed Energy Discussion
• Reverse Decriminalization of
Municipal Code
• Vacation Home Cap and
Transferability of Licenses
Items for Town Board Consideration:
• None
Future Town Board Study Session Agenda Items
October 13, 2020
Page 81
Page 82