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HomeMy WebLinkAboutPACKET Town Board 2021-03-09The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, March 9, 2021 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 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. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, March 9, 2021. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2.By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, March 9, 2021. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available for assistance from 6:30-6:50 p.m. by calling 970-577-4777. Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 877-853-5257 (toll-free) Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Mayor will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: •State your name and address for the record. •DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. Prepared 02-26-2021 *Revised 03-05-2021 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. •You will experience a short delay prior to re-connecting with the ability to speak. •State your name and address for the record. In order to participate, you must: •Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. •Join the Zoom Webinar. o The link can be found above. •Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”. •DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, March 8, 2021 by 8:00 a.m. to the Town Clerk’s office at townclerk@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/TownBoardPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, March 8, 2021. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing townclerk@estes.org or calling (970) 577-4777 by Monday, March 8, 2021 at 5:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00 a.m. Monday, March 8, 2021 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Town Board Packet or under the Town Board section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing townclerk@estes.org or calling (970) 577-4777. Page 2 AGENDA BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, March 9, 2021 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1.POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.0, 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, 3.11. Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. The above policies are reported on each March. CONSENT AGENDA: 1.Bills (Click on link to view). 2.Town Board Minutes dated February 23, 2021 and Town Board Study Session Minutes dated February 23, 2021. 3.Board of Adjustment Minutes dated October 6, 2020 (acknowledgment only). 4.Parks Advisory Board Minutes dated January 21, 2021 (acknowledgement only). 5.Transportation Advisory Board minutes dated January 20, 2021 (acknowledgement only). 6. Resolution 21-21 Setting Public Hearing date of April 13, 2021, for a New Fermented Malt Beverage Off-Premise Liquor License filed by Mini Mart Inc. dba Loaf N' Jug, 561 Big Thompson Avenue, Estes Park, CO 80517. 7.Revised Policy 305 Benefits. 8. Resolution 22-21 Approving a Memorandum of Understanding and Amendment 1 with the Northern Colorado Water Conservancy District, City and County of Broomfield, Cities of Boulder, Fort Collins, Greeley, Longmont and Loveland for Water Quality Monitoring of Compounds of Emerging Concern in Northern Colorado, for an amount not to exceed $3,000.00, Budgeted. 9.Acceptance of Town Administrator Policy Governance Monitoring Report. 10. Local Marketing District Board Appointment of Suzanne Blackhurst to complete the term of Tonya Humiston expiring December 31, 2022. Prepared 02-26-2021 *Revised 03-05-2021 * Page 3 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.CONSENT ITEMS: A. RESOLUTION 17-21 APPROVING A SPECIAL REVIEW, “STEALTH WIRELESS COMMUNICATION FACILITY,” 1575 S. SAINT VRAIN AVENUE, VERIZON WIRELESS, APPLICANT, POWDER RIVER DEVELOPMENT SERVICES, LLC, APPLICANT’S REPRESENTATIVE, MOUNTAIN VIEW BIBLE FELLOWSHIP, PROPERTY OWNER. Staff requests item to be continued to the March 23, 2021 Town Board meeting. ACTION ITEMS: 1.RESOLUTION 23-21 ESTABLISHING BYLAWS FOR THE COMPREHENSIVE PLAN ADVISORY COMMITTEE. Director Hunt. Bylaws are meant to establish parameters for the Advisory Committee's makeup and operations. 2.INTERVIEW COMMITTEE FOR THE COMPREHENSIVE PLAN ADVISORY COMMITTEE. Town Clerk Williamson. To appoint to two Board members to the interview committee. 3.RESOLUTION 24-21 DECLARING THE TOWN’S INTENT TO ACQUIRE AND/OR SECURE CERTAIN REAL PROPERTY FOR IMPROVEMENTS TO THE TOWN’S WATER SYSTEM AND AUTHORIZING NEGOTIATIONS, PURCHASE, QUIET TITLE, AND THE EXERCISE OF THE TOWN’S POWERS OF EMINENT DOMAIN IN CONNECTION THEREWITH. Utilities Coordinator Rusch. Staff requests the Town Board use eminent domain to enable the timely construction of a new water storage tank and related service road. 4.RESOLUTION 25-21 APPROVING AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT AND A FOURTH MODIFICATION TO THE REIMBURSABLE AGREEMENT WITH CENTRAL FEDERAL LANDS HIGHWAY DIVISION OF THE FEDERAL HIGHWAY ADMINISTRATION, THE NATIONAL PARK SERVICE, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP. Director Muhonen. Amendment addresses project scope, cost, schedule changes and TABOR provision. Town contribution remains unchanged. REPORTS AND DISCUSSION ITEMS: 1.CURRENT STATE OF CHILDCARE IN THE ESTES VALLEY. Assistant Town Administrator Damweber. ADJOURN. Page 4 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: March 9, 2021 RE: Policy Governance Monitoring Report – Policy 3.0, 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, 3.11 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Policy QUASI-JUDICIAL YES NO Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. Each March, I report on the following staff limitations: Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.4 Financial Conditions and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 Quality of Life This report constitutes my assurance that, as reasonable interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Page 5 Policy 3.1: The quality of life in the Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards requiring the treatment of our citizens: 3.1.1: The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 – The Citizens of the Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 – Prompt action is provided to resolve problems or issues. 3.1.1.2.1 – “Prompt Action” shall be interpreted as: •Citizens receive initial responses at a minimum acknowledging the receipt of the contact, within two business days •The appropriate process required to resolve the problem is initiated within three business days, whenever possible. 3.1.1.3 – Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 – Each employee represents excellence in public service. 3.1.1.5 – Each employee is “the Town” in the eyes of the public. Status: Compliance Interpretation: I interpret this to mean that the importance of customer service is reinforced in training and in performance evaluations of all staff, and that all staff are held accountable for providing a high level of customer service. This does not mean that the customer always gets everything that they might request, but rather that Staff is polite, professional, responsive, and fair with all members of the public. Given the relatedness of all the subsections of 3.1.1, it is my interpretation that I may report on these limitations as a group. Compliance with the policy will be achieved when: 1. Customer issues are handled in a prompt, polite, and fair manner. 2. Complaints and/or concerns that the Town Board and Town Administrator receive about customer service regarding Town employees are minimal. Evidence: Page 6 1. Customer Service is included in the performance evaluations of all employees. 2. The Town Board and Town Administrator receive no or minimal customer service complaints from members of the public. 3. The Town Board, Town Administrator, and Executive Leadership Team receive compliments and letters of appreciation from customers. 4. Town employees complete mandated Service Elevated customer service training. Staff is currently exploring options to resume this training in a safe manner after a pause in 2020 due to COVID-19. 5. 78% of respondents to the Town’s 2018 Citizen Survey rated our Customer Service positively (e.g. excellent/good). Report: I report compliance. 3.1.2: The success of Estes Park Town Government depends upon the partnership between citizens, elected officials and Town employees. Accordingly, regarding the treatment of citizens and customers, the Town Administrator shall not: 3.1.2.1 – Fail to inform citizens of their rights, including their right to due process. 3.1.2.2 – Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of relevant community input. 3.1.2.3 – Allow the community to be uninformed (or informed in an untimely basis) about relevant decision making processes and decisions. 3.1.2.4 – Be disorganized or unclear with respect to interactions with the community. 3.1.2.5 – Ignore problems or issues raised by the community or fail to address them in a timely manner. 3.1.2.6 – Allow incompetent, disrespectful or ineffective treatment from Town employees. 3.1.2.7 – Unduly breach or disclose confidential information. Status: Compliance Page 7 Interpretation: I interpret this to mean that residents are informed well in advance of any Town action; that Staff takes active steps to solicit and encourage public comment on matters of public policy and significant projects; that Staff treats all customers of the Town in a respectful and courteous manner; and that, within the restrictions of the law, Staff does not disclose confidential information. Due to the related nature of the sub-sections of 2.1.2, it is my interpretation that I may report on all of these limitations as a group, rather than individually. Compliance with the policy will be achieved when: 1. All public policy and significant project discussions include public outreach and involvement. 2. Issues raised by customers are dealt with promptly at a staff level, if possible, or are brought to the Town Board for consideration and discussion if necessary. 3. The biennial citizen survey is completed. 4. Staff does not disclose confidential information other than such disclosures required by law. Evidence: 1. Public meetings, community meetings, and outreach meetings held above- and-beyond regularly scheduled Town Board meetings. 2. Newspaper articles and press releases associated with public projects and policies. 3. Results from the biennial citizen survey. 4. Lack of legal actions against the Town due to failure to provide due process. 5. Lack of any legal action against the Town for improper disclosure of confidential information. Report: I report compliance. While the biennial citizen survey was delayed in 2020 due to COVID-19 budget considerations, staff is on track to complete the survey this year. Policy 3.2: With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions which are unsafe, unfair or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the administrator shall not: 3.2.1: Operate without written personnel policies that clarify personnel rules for employees. Status: Compliance Page 8 Interpretation: I interpret this to mean that the Town has formal written personnel policies that are up-to-date with regard to current legal decisions, and that these policies are readily available to all employees. These personnel policies are not static and may be changed as needed in accordance with applicable law. Compliance with the policy will be achieved when: The Town has formal written personnel policies that cover the normal scope of employment issues. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. All personnel policies have been reviewed and approved by the Town Attorney (and CIRSA, if necessary). Report: I report compliance. 3.2.2: Fail to acquaint staff with their rights under this policy upon employment. Status: Compliance Interpretation: I interpret this to mean that all new employees are informed of Town personnel policies. Compliance with the policy will be achieved when: Every new employee is informed of the Town’s personnel policies. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. New employees are informed of the personnel policies as part of their on- boarding policies, including where to locate these policies. Report: I report compliance. 3.2.3: Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. Status: Compliance Interpretation: I interpret this to mean that the Town follows the strict interpretation of the EEO and FLSA. Page 9 Compliance with the policy will be achieved when: The Town has no cases of legal non-compliance. Evidence: There have been no successful legal actions against the Town in the past year regarding any EEO or FLSA violations as an employer. Report: I report compliance. 3.2.4: Fail to make reasonable efforts to provide a safe working environment for employees, volunteers and citizens utilizing Town services. Status: Compliance Interpretation: I interpret this to mean that Town facilities are generally clear of safety hazards and are properly maintained. It is not possible to completely eliminate all hazards, but reasonable and prudent precautions are taken and plans are made to prevent and repair hazards. When a hazard is identified, prompt action will be taken to mitigate the hazard in an appropriate manner. Compliance with the policy will be achieved when: There are no known, unaddressed safety hazards in Town facilities and new hazards are addressed promptly. Evidence: 1. Successful loss control audit and property inspection from CIRSA. 2. Precautions are taken to prevent and correct hazards when a hazard is identified. Report: I report compliance. 3.2.5: Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. Status: Compliance Interpretation: I interpret this to mean that the Town must have and use a written volunteer manual that contains policies guiding the use of volunteers in the organization. Compliance with the policy will be achieved when: The Town has a written volunteer manual that is used to manage the Town’s volunteer program. Evidence: Page 10 The Town Volunteer Manual is available on the Town website. Report: I report compliance. The Town is currently in the process of updating and streamlining our Volunteer Manual and related policies. Policy 3.4: With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1: Expend more funds than are available. Status: Non-Compliance Interpretation: I interpret this to mean that there have been no expenditures in excess of those approved in the adopted budget. Compliance with the policy will be achieved when: There are no expenditures in excess of those approved in the adopted budget, as amended by the Town Board. Evidence: 1. Town financial reports. 2. Comprehensive Annual Financial Report. Report: I report non-compliance in the Medical Insurance Fund (MIF). I have interpreted this policy to mean that there have been no expenses/expenditures in excess of those approved in the adopted budget. This is a financially-conservative interpretation as fund balance is technically “available” even though it is not budgeted to be spent, but I nevertheless believe it to be appropriate. The medical claims paid out of the MIF in 2020 exceeded the 2020 budgeted expenses by over $630,000. Claims paid during the last few months of 2020 were significantly higher than was projected when the budget was checked before the end-of-year budget amendments. Final year-end accruals may modify the net variance as we account for revenue from our insurer and account for additional claims payable, but the budget cannot be amended after year-end. This issue may be noted by our auditors in the 2020 audit comments as an instance of possible budgetary non-compliance. The MIF accounts for the actual medical claims made by individuals covered by the Town’s partial self-insured health coverage plan. As a result, the Town does not have direct control over these expenses and they are impossible to project with 100% accuracy since they reflect employee use of health services. Significant health events are unpredictable and can drive these costs up quickly. Page 11 The core problem is that we do not get full information on costs for medical services provided in 2020 until at least a few months into 2021. Medical providers can sometimes take months to file claims and the costs for those claims must be accrued back to 2020. This means that if there is an unusually large number of claims late in the year, we may not have all of the information we need to amend the budget before the end of the year to adequately reflect expenses. Since we cannot amend the 2020 budget in 2021, we then run into an issue with expenses outpacing budgeted expenditures. While staff will normally update the expense projections in the MIF as we get better information throughout the year, we are not able to account for all large and unanticipated increases in the last few months of the year with our current system. Staff did not anticipate such a large growth in claims in the last few months of 2020 and did not have sufficient expenses budgeted to cover them. Additionally, we overlooked an overage that occurred in early December during our year-end projection process. It should be noted that even with this increase in claim expenses, the MIF fund balance reserves are still anticipated to be in excess of $2 million. The MIF remains healthy and financially sound. I have taken the following actions to avoid this non-compliance issue in the future: • Creation of year-end fund review checklist; • Establishment of a redundant reviewer for year-end fund reviews; and • Proposal of a significant contingency expense line item in the 2022 budget to account for the unpredictable nature of individual medical claims. While there were no expenses in excess of available fund balance in the Medical Insurance Fund, there were expenses in excess of the adopted budget. Based on my interpretation of this policy, I am reporting my non-compliance with regard to Policy 3.4.1 to the Town Board. This report will also be made at the March 9th Town Board meeting. 3.4.2: Allow the general fund and other fund balances to decline to a level below that established by the Board of Town Trustees by adopted policy, unless otherwise authorized by the Board. Status: Compliance Interpretation: I interpret this to mean that the General Fund balance at the end of the fiscal year is at least 25%. This figure is based on the calculation of fund balance after all carry-over funds are included. Encumbered but not expended funds are excluded at the end of the year. Compliance with the policy will be achieved when: 1. The final CAFR shows a General-Fund fund balance of 25% or greater, unless otherwise authorized by the Board. Page 12 2. The adopted budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. Evidence: 1. The 2019 CAFR shows a 64% General-Fund fund balance at the end of 2019. 2. The 2020 budget, as amended, anticipates a 40.8% General-Fund fund balance at the end of 2020. 3. The amended 2021 budget anticipates a 29.7% General-Fund fund balance at the end of 2021. Report: I report compliance. 3.4.3: Allow cash to drop below the amount needed to settle payroll and debts in a timely manner. Status: Compliance Interpretation: I interpret this to mean that all Town funds have adequate cash available to settle all debts within the period for which they are due. Compliance with the policy will be achieved when: All payments are made on time from cash on hand. Evidence: 1. Town financial reports. 2. Comprehensive Annual Financial Report. Report: I report compliance. 3.4.4: Allow payments or filings to be overdue or inaccurately filed. Status: Compliance Interpretation: I interpret this to mean that all payments or filings have been made on time and accurately. Compliance with the policy will be achieved when: All payments are made on time and accurately. Evidence: 1. Town financial reports. Page 13 2. Comprehensive Annual Financial Report. Report: I report compliance. 3.4.5: Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and may not engage in purchasing practices in violation of state law or Town purchasing procedures. Status: Compliance Interpretation: I interpret this to mean that the Town has comprehensive purchasing policies to guide the expenditure of Town funds and that those policies are complied with. Compliance with the policy will be achieved when: The Town has adopted purchasing policies and all purchases are made in compliance with these policies. Evidence: 1. The Town’s adopted purchasing policies are available on iTown. 2. Annual Audit 3. Single Audit for federal funds Report: I report compliance. 3.4.6: Use any fund for a purpose other than for which the fund was established, unless otherwise authorized by the Board. Status: Compliance Interpretation: I interpret this to mean that any use of funds from a specific fund must be for the stated purpose of that fund, unless otherwise authorized by the Board. Compliance with the policy will be achieved when: All expenditures are made from the appropriate fund. Evidence: 1. Town financial reports 2. Comprehensive Annual Financial Report 3. Annual Audit Page 14 Report: I report compliance. Policy 3.5: Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. Accordingly, he or she may not: 3.5.1: Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff and the Town of Estes Park to the amount legally obligates to pay, or allow the organization to be uninsured: 3.5.1.1 – Against theft and casualty losses, 3.5.1.2 – Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations. 3.5.1.3 – Against employee theft and dishonesty. Status: Compliance Interpretation: I interpret this to mean that the Town has adequate insurance coverage to protect the organization, the Board, and staff from loss. Due to the related nature of the sub-sections of 3.5.1, it is my interpretation that I may report on all of these limitations as a group, rather than individually. Compliance with the policy will be achieved when: The Town maintains adequate insurance levels and suffers no unreasonable uninsured losses. Evidence: 1. Colorado Intergovernmental Risk Sharing Agency (CIRSA) Certificate of Participation 2. The Town has not paid out for any unreasonable uninsured losses in the last year. Report: I report compliance. 3.5.2: Subject plant, facilities and equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). Status: Compliance Page 15 Interpretation: I interpret this to mean that Town facilities and equipment are properly maintained, subject to normal deterioration and financial conditions beyond Town Administrator control. I interpret this policy to include all physical buildings and utility infrastructure, but not transportation infrastructure or real property. Compliance with the policy will be achieved when: We have preventative maintenance programs for Town buildings, major building systems, utility infrastructure, and rolling stock. Evidence: 1. Ongoing capital improvement projects in Power and Communications and Water utilities completed in the past year, as reported to the Board. 2. Preventative maintenance schedules for rolling stock. 3. Facilities projects completed in the past year, as reported to the Board. Report: I report compliance. 3.5.3: Receive, process or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. Status: Compliance Interpretation: I interpret this to mean that there are no comments in the annual audit that raise the question of insufficient controls. Compliance with the policy will be achieved when: We have an audit with no relevant qualifying comments. Evidence: Annual Audit comments Report: I report compliance. 3.5.4: Unnecessarily expose Town government, its Board of Town Trustees or staff to claims of liability. Status: Compliance Interpretation: I interpret this to mean that neither I nor Town staff take any action that results in unnecessary liability exposure. Compliance with the policy will be achieved when: Page 16 There are no significant (greater than $25,000) legal or other settlements paid out as the result of any unnecessary liability exposure. Evidence: There were no significant settlements paid out as the result of any unnecessary liability in the last year. Report: I report compliance. 3.5.5: Fail to protect intellectual property, information and files from loss or significant damage. Status: Compliance Interpretation: I interpret this to mean that all Town information is protected adequately through firewalls, cyber security measures, and adequate backups. Non-electronic data is secured and protected at a level appropriate for information. Compliance with the policy will be achieved when: 1. We have no losses of data or information. 2. We have protocols in place to protect from cyber losses. Evidence: 1. We have had no significant losses or damage to information or files over the last year. 2. CIRSA loss control audit. 3. Cyber security training conducted for all employees on a regular basis. Report: I report compliance. 3.5.6: Acquire, encumber, dispose or contract for real property except as expressly permitted in Town policy. Status: Compliance Interpretation: I interpret this to mean that I do not take any action to acquire, encumber, dispose of, or contract for real property without the express permission of the Town Board. Compliance with the policy will be achieved when: There are no real property transactions that are not approved by the Town Board. Page 17 Evidence: There were no property transactions in the last year that were not expressly approved by the Town Board. Report: I report compliance. 3.5.7: Allow internal control standards to be less than necessary to satisfy generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. Status: Compliance Interpretation: I interpret this to mean that our internal controls are reasonable as interpreted by the Town’s annual audit. Compliance with the policy will be achieved when: The annual audit has no significant comments regarding internal controls that required a modified audit opinion. Evidence: The Town’s internal controls are in compliance with this requirement as evidenced by the clean audit opinions received in past years. There is nothing to indicate a deterioration in this condition for the year ended December 31, 2020. Report: I report compliance. Policy 3.6: In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1: The Assistant Town Administrator shall act in the capacity of Town administrator in his/her absence. In the Absence of the Town Administrator and Assistant Town Administrator a Town Department Head previously designated by the Town Administrator will act in the capacity of Town Administrator. Status: Compliance Interpretation: I interpret this to mean that I must officially designate two staff members to serve in my stead, should I not be able to perform the duties of my job. This designation is to be expressly designated in an internal operating procedure. Compliance with the policy will be achieved when: There is an adopted policy that specifies backups for the Town Administrator. Page 18 Evidence: 1. Policy 203 – Town Administrator Backup and Replacement Report: I report compliance. 3.6.2: The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. Status: Compliance Interpretation: I interpret this to mean that I must keep the backup Town Administrators well informed and well trained so that any of them could replace me in the event that I am not able to perform my official duties. Compliance with the policy will be achieved when: The three identified backup Town Administrators possess the requisite skills and knowledge to perform the duties of Acting Town Administrator in my absence. Evidence: 1. Policy 203 – Town Administrator Backup and Replacement 2. All of the identified backup Town Administrators are generally up-to-date on Town issues and understand the role of the Town Administrator in relation to the Town Board and the operation of the Town organization. Report: I report compliance. Policy 3.9: The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1: Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. Status: Compliance Interpretation: I interpret this to mean that the Town Board is appropriately informed of developments related to Town issues directly from myself or from the appropriate staff member. I also interpret this requirement to be limited to issues, events, media coverage, and other matters of which staff or I are aware of. Compliance with the policy will be achieved when: Town Board members are not surprised by any issue that staff or I was previously aware of. Page 19 Evidence: 1. Weekly updates to the Board 2. Town Talk email to staff 3. Specific-subject emails to the Town Board when required to address an emerging issue. 4. Economic Dashboard Report: I report compliance. 3.9.2: Fail to submit monitoring data required by the Board (see policy on Monitoring Town Administrator Performance in Board/Staff Linkage) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. Status: Compliance Interpretation: I interpret this to mean that I report monitoring data to the Town Board as outlined in the review schedule adopted in Policy Governance Policy 2.3 and that the format of the reports are acceptable to the majority of the Board. Compliance with the policy will be achieved when: Compliance reports are received by the Town Board in accordance Governing Policy 2.3. Evidence: All compliance reports over the last year were supplied to the Town Board within the required timeframe. Report: I report compliance. 3.9.3: Fail to establish a process that brings to the Board of Town Trustees as many staff and external points of view, issues and options as needed for informed Board choices on major policy issues. Status: Compliance Interpretation: I interpret this to mean that information presented to the Town Board must accurately reflect differing options and opinions involved in major policy decisions. Staff may make recommendations and may present recommended options to the Town Board. Compliance with the policy will be achieved when: Page 20 Standard presentations and memos are structured to ensure that pros and cons are included and that there is a discussion of options available to the Town Board. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.4: Present information in unnecessarily complex or lengthy form. Status: Compliance Interpretation: I interpret this to mean that information presented to the Town Board has enough detail, and is presented clearly enough, for each member of the Board to be adequately informed when making a policy decision. I also interpret this requirement to mean that information should be focused on the information required for broad policy issues, not peripheral details. Each member of the Board may have a different preference for level of detail and how information is provided. I must strive to present information that meets the needs of all Board members, but may not maximize the needs or style of any one trustee at the expense of the other. Compliance with the policy will be achieved when: All members of the Board feel that they have received enough information to make policy decisions on any particular issue. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.5: Fail to provide support for official Board of Town Trustees activities or communications. Status: Compliance Interpretation: I interpret this to mean that official Board activities and actions are clearly communicated to the public and there is a culture of transparency within Town Government. I am responsible not just for my own actions, but the culture throughout the organization. I am also responsible for the support provided to the Town Board through other staff, such as the Public Information Officer and the Town Clerk. Page 21 Compliance with the policy will be achieved when: There is a culture of transparency among Town staff and it is demonstrated in our day-to-day actions. Evidence: 1. Board observation and opinion 2. Activities of the Public Information Officer through news media, social media, and other tools. 3. Public comments regarding the Town’s transparency of information. Report: I report compliance. 3.9.6: Fail to deal with the Board of Town Trustees as a whole except when fulfilling individual requests for information. Status: Compliance Interpretation: I interpret this to mean that I do not play favorites with any members of the Board and that I treat each member of the Board fairly and respectfully at all times. I also interpret this to mean that I can have confidential conversations with any member of the Board, and that I respect that confidentiality. In order to be effective in my job in assisting the Town Board as a whole, Board members must have a level of trust that each can communicate with me openly without reservation. Compliance with the policy will be achieved when: Directions from the Town Board to the Town Administrator only come from the Board acting as a whole and each member of the Board feels that they are treated fairly and respectfully at all times. Board members feel that they can be open and honest with me in all communications. Evidence: 1. Board observation and opinion 2. Lack of instances where failure to comply with this requirement has resulted in issues with the Board, staff, or the public. Report: I report compliance. 3.9.7: Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Board of Town Trustees. Status: Compliance Page 22 Interpretation: I interpret this to mean that I notify the Board at the earliest possible opportunity when I am in noncompliance with any item described in the Staff Limitations section of the adopted Policy Governance policies, regardless of whether that noncompliance is intentional or unintentional. I interpret “earliest possible opportunity” to be relative to the materiality of the noncompliance. Major noncompliance issues that may have significant financial, legal, or political impacts on the Town should be reported as soon as possible. Minor, non-material items (such as “Partial Compliance” items in my monitoring reports) may be reported in a regularly scheduled report to the Board. Compliance with the policy will be achieved when: I make the Board aware of all actual or anticipated instances of non-compliance in a timely manner. Evidence: Board observation Report: I report compliance. Policy 3.10: With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1: Deviates materially from the Board of Town Trustees’ stated priorities. Status: Compliance Interpretation: I interpret this to mean that staff does not pursue any capital projects or equipment that materially deviate from the key outcomes, goals, and objectives adopted by the Town Board within the Strategic Plan. Compliance with the policy will be achieved when: All capital improvements and purchases of capital equipment can be directly tied to the Town Board’s Strategic Plan and no expenditures are made or planned for the annual budget that are not supportable under the current Town financial resources. Evidence: 1. Adopted Budget for capital projects and equipment 2. Adopted Capital Improvement Plan 3. Vehicle Replacement Plan, which budgets and plans for multi-year funding of capital vehicle purchases. Page 23 Report: I report compliance. 3.10.2: Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. Status: Compliance Interpretation: I interpret this to mean that we are conservative with our budgeting and that we do not overstate revenue or understate expenditures. Compliance with the policy will be achieved when: We do not exceed our budgeted expenditures. Evidence: 1. Comprehensive Annual Financial Report 2. Adopted Annual Budget Report: I report compliance. 3.10.3: Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. Status: Compliance Interpretation: I interpret this to mean that the Town’s adopted budget and subsequent accounting separates out capital expenses, operating expenses, and other expenses. Compliance with the policy will be achieved when: The annual budget and financial reports provide adequate information to see the separation of capital expenses, operating expenses, and other expenses. Evidence: 1. Annual Audit 2. Published Adopted Annual Budget 3. Financial Reports Report: I report compliance. 3.10.4: Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. Page 24 Status: Compliance Interpretation: I interpret this to mean that the Town has an annual budget and an annual Capital Improvement Plan that are both active and maintained. Compliance with the policy will be achieved when: We have a robust and repeatable budget and capital improvement planning process that result in an adopted budget document and an adopted capital improvement plan. Evidence: 1. Adopted Capital Improvement Plan 2. Adopted Annual Budget Report: I report compliance. 3.10.5: Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. Status: Compliance Interpretation: I interpret this to mean that staff should regularly report back to the Town Board on the progress of major projects that are currently planned or underway. This requirement does not apply to day-to-day operational activities. Compliance with the policy will be achieved when: The Board feels adequately informed about ongoing projects. Evidence: 1. Reports to the Board at regular Town Board meetings 2. Weekly Board updates from the Town Administrator 3. Specific emails regarding emerging issues that the Board needs to be aware of. 4. Study Sessions with the Board, when needed. Report: I report compliance. Policy 3.11: With respect to Town government’s quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. Page 25 Status: Compliance Interpretation: I interpret this to mean that I provide for the implementation of the Town Board’s Strategic Plan. Compliance with the policy will be achieved when: The Town Board’s Strategic Plan is substantially implemented, allowing for modifications based upon circumstances or resource levels that are outside of the Town Administrator’s control. Evidence: Observation and opinion of the Town Board Report: I report compliance. Page 26 Town of Estes Park, Larimer County, Colorado, February 23, 2021 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 23rd day of February, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: Carlie Bangs, Trustee Mayor Pro Tem Martchink called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Jeff Robbins/Town citizen commented on the Town Board’s consideration to rescind the transferability of vacation home registrations to future owners. He stated the regulatory change would have devasting impacts to the current owners who have invested significantly in their properties. The regulations adopted in 2016 provided a property right, therefore, owners have developed the properties as a business. TRUSTEE COMMENTS. Trustee Webermeier reported Visit Estes Park (Local Marketing District) conducted their first round of interviews for a CEO and would determine the finalist to be interviewed in public by the entire Board. Mayor Koenig stated a group of 5th grade students would connect to the International Space Station on February 26, 2021 with the assistance of the local amateur radio group. The students would have an opportunity to speak to the astronauts for 10 to 15 minutes. She presented an overview of the Town Board’s annual responsibilities such as board governance, fiduciary, quasi-judicial, etc. She stated the PRPA emergency message regarding electric usage during the recent cold snap was not due to renewables but with available fuel sources. Trustee MacAlpine attended the Wildfire Summit held by Representative Neguse. Key issues discussed during the summit included wildfires are inevitable with climate change and the number of people living within the wildland urban interface continues to increase, living in fire areas are similar to living in flood zones, wildfire mitigation and suppression are needed, Community Wildfire Protection Plans are needed, and the aftermath of the fire season are still to come with possible flooding and landslides. The Planning Commission meet to review RFP responses for the Comprehensive Plan and discussed the formation of an advisory committee to assist with the development of the Plan. Trustee Cenac stated she questioned the Visit Estes Park’s (Local Marketing District) funding of the Town’s boulder project adjacent to the parking garage. The special district attorney confirmed with the Board the funding was defendable under the state statute. She commented Western Heritage meet to discuss holding the rodeo this year and statedDRAFTorder at orde 7:00:0 p.m. and all nd al ermeier/Cenacermeier/) to approto a ommented on the Town Bommented on the n home registrations to futn home registrations to devasting impacts to thdevasting impacts to th properties. The regulationrties. The regulation s have developed the props have developed COMMENTS.COM DRbermeierberm reported Visit ed nterviews for a CEnterviews for a C re Board.re Board. agag Page 27 Board of Trustees – February 23, 2021 – Page 2 they are in need of additional sponsors. The Parks Advisory Board discussed their role in the Arts in Public Places policy and continue to evaluate an Arts Master Plan. Mayor Pro Tem Martchink joined Jody Shadduck-McNally/Larimer County Commissioner as her featured guest for a community conversation. He encouraged others to join the Commissioner for these monthly meetings. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated February 9, 2021 and Town Board Study Session Minutes dated February 9, 2021. 3. Estes Park Planning Commission Minutes dated January 19, 2021 and Estes Park Planning Commission Study Session minutes dated January 19, 2021 (acknowledgment only). 4. Community and Family Advisory Board Minutes dated January 7, 2021 (acknowledgment only). 5. Purchase Approval of 2017 John Deere 344K Wheel Loader for the Water Division, $104,758, Budgeted. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BUSINESS IN THE LARIMER COUNTY TREASURER & PUBLIC TRUSTEE'S OFFICE. Larimer County Treasurer & Public Trustee Irene Josey provided an overview of the Treasurer’s office, the collection and distribution of property taxes, reviewed the property tax statements defined, delivery of postcards for property owners with mortgages, investments of all funds, special assessments – PID’s and LID’s, etc., personal property – income producing property in businesses, mobile homes, bankruptcy tracking, tax lien sales, senior and veteran property tax deferrals, county bank/account reconciliations, and public trustee. The office uses Positive Pay and Zero Balance with all bank accounts to protect taxpayer money against unauthorized or fraudulent transactions. Funds handled by the office include property taxes, sales tax, ownership tax, grant money, federal and state funds, FEMA and many other forms. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION 14-21 SUPPLEMENTAL MAP #1 OF SOLITUDE VI CONDOMINIUMS, 1885 SKETCH BOX LANE, FISH CREEK PROPERTIES LLC, APPLICANT. Mayor Pro Tem Martchink opened the public hearing. Planner Bergeron presented an application to consider an addition to Unit 6 in the platted space for Units 7-12 and known as “The Lodge”. The unit received a Certificate of Occupancy in September 2020. To formalize the change in the platted airspace, the Supplemental Condominium Map #1 would need to be approved. Mayor Pro Tem Martchink closed the public hearing. It was moved and seconded (Webermeier/Younglund) to approve Resolution 14- 21, and it passed unanimously. B. RESOLUTION 15-21 APPROVING THE FIRST AMENDED PLAT OF LOTS 4A AND 5A OF THE AMENDED PLAT OF MOUNTAIN MEADOW DRAFTy 19, 2y 19, dated Jandate Minutes dated JanuaryMinutes dated J e 344344K K Wheel eel Loader for thL Webermeier/MacAlpineebermeier/MacAlpine) to mously. SION ITEMS:SION ITEMS:(Outside En(Out RAHE LARIMER COUNTY HE LARIMER COUNTY TRAmer County Treasurer & Per County Treasurer & P the Treasurer’s office, the easurer’s office, the the property tax statementhe property tax s with mortgages, investmes with mortgages, inves s, etc., personal property s, etc., personal property es, bankruptcy trackines, bankruptcy tra s, county bank/acs, county bank/a ay and Zero ay and Zero uthorizeuthorize ytyt Page 28 Board of Trustees – February 23, 2021 – Page 3 SUBDIVISION, 2754 AND 2758 YPSILON CIRCLE, TRAIL RIDGE CONSULTING ENGINEERS, APPLICANT. Mayor Pro Tem Martchink opened the public hearing. Planner Bergeron stated the amended plat would combine two adjacent, vacant lots into one lot of 0.72 acres in size for a single- family residential development. Both lots are zoned A-1, Accommodations Low Intensity, and are located within the Mountain Meadow Subdivision, as amended in 2017 and first platted in 2016. The lots are both owned by the same party. The Estes Park Planning Commission recommended approval of the application at their Janaury 19, 2021 meeting. Mayor Pro Tem Martchink closed the public hearing. It was moved and seconded (Younglund/Webermeier) to approve Resolution 15-21, and it passed unanimously. C. RESOLUTION 16-21 APPROVING THE AMENDED PLAT OF A PORTION OF LOTS 3, 4 AND 5 OF LITTLE PROSPECT MOUNTAIN ADDITION TO THE TOWN OF ESTES PARK, 153 WESTON LANE, MARGUERITE WEST, OWNER/ APPLICANT. Mayor Pro Tem Martchink opened the public hearing. Planner Woeber presented an application to consider an amended plat to rearrange and combine three lots into two lots by adjusting internal lot lines. The new Lot 3A contains a single-family residence and accessory structure and Lot 4A remains undeveloped. The amended plat would bring the lots into compliance with the Estes Park Development Code zoning standards for area and setbacks. Mayor Pro Tem Martchink closed the public hearing. It was moved and seconded (Webermeier/MacAlpine) to approve Resolution 16- 21 with an amendment to finding 4 of the Resolution to update 60 days to 180 days, and it passed unanimously. D. RESOLUTION 17-21 APPROVING A SPECIAL REVIEW, “STEALTH WIRELESS COMMUNICATION FACILITY,” 1575 S. SAINT VRAIN AVENUE, VERIZON WIRELESS, APPLICANT, POWDER RIVER DEVELOPMENT SERVICES, LLC, APPLICANT’S REPRESENTATIVE, MOUNTAIN VIEW BIBLE FELLOWSHIP, PROPERTY OWNER. Mayor Pro Tem Martchink opened the public hearing. Planner Woeber presented the S1 Special Review to establish a Wireless Communication Facility (WCF) with a Monopine cell tower located at the northwest corner of the intersection of South Saint Vain Avenue and Peak View Drive on a lot zoned “A” Accommodations and home to Mountain View Bible Fellowship church. The proposed tower would provide improved service to the southern portion of the Estes Valley. The 18 x 32 foot WCF area would be fenced, and contain equipment cabinets and the tower, which would be disguised as a pine tree (“Monopine”), 75 feet in height. The S1 review required the applicant to address the operations, traffic generation, existing zoning compatiblity, location of parking and loading, including size, location, screening, drainage, landscaping and surfacing, effect on off-site parking, street access points, hours of operation, exterior lighting, effects on air and water quality, environmental effects, noise, dust, height, size, setback and location of buildings and activities, any diking, berms, screening or landscaping, other resources such as historic, cultural, etc. and required the applicant to hold a public meeting with the neighborhood. The proposed facility would meet all FAA requirements. Board comments were heard and summarized: Mayor Koenig questioned the decibel level of the facility and the need for the facility to meet the noise ordinance as the facilty abuts a neighborhood. She further questioned microwave levels that are produced by the facility. Trustee Younglund questioned the results of the RF study completed and whether consideration of the new housing development was included in the study. Trustee MacAlpine stated the application refers to an initial location at the golf course, property owned by the Town, and questioned why this location was not considered. Town Administrator Machalek stated in 2017 Verizon was reviewing the golf course as a location; however, the Town was not interested DRAFTpenpen nsider annsider by adjusting iby ad sidence and accesssidence and ended plat would bring tended plat woul pment Code zoning standapment Code zoning sta chink closed the public hechink closed the public h ier/MacAlpineer/MacAlpine) )to approve ding 4 of the Resolution t4 of the Re nanimously.y APPPROVING A SPECIAROVING A SPECAFUNICATION FACILITY,”TION FACILITY,”RAZON WIRELESS, APPZON WIRELESS, APP RAT T SERVICES, LLC, APSERVICES, LL RAVIEW BIBLE FELLOWSHVIEW BIBLE FELLOWRAhink opened the public heank opened the public hea Review to establish a Wirew to establish a Wire pipine cell towerne cell tower located at uth Saint Vain Avenue uth Saint Vain Ave AccommodationsAccommodations and homand hom proposed tower would prproposed tower wou tes Valley. tes Va The 1The ment cabinetsment cabinet pine”), 75pine”), 75 hehe Page 29 Board of Trustees – February 23, 2021 – Page 4 in the location after discussions with the lessee, Estes Valley Recreation Park District. Jen Daniels/Acquistion Representative for Verizon and Brian Eicens/Verizon Radio Frequency Engineer provided a review of the location and the need to increase coverage and capacity with a 75 foot tower. To serve the area south of Hwy 7 higher frequencies that do not travel as far would be needed to provide additional capacity for items such as streaming. The lower frequencies are for coverage. The frequencies abide by the safety standards set by the FCC to ensure safety standards. The proposed site would provide coverage along the Hwy 7 corridor south of Peak View Drive and provide reliable and extended capacity and provide redundancy. The location would improve service quality in the area, especially during the summer months for customers and first responders. When reviewing a location a 2.2 mile search area was used to determine co-location opportunities and rooftop locations prior to developing a new site. Locations further south were not effective in providing a location due to the 100 foot elevation drop. The generator would operate at 54 to 70 dba when operation during emergency operations, consistent with the level of a conversation. All other noise generated by the facility would be nominal due to the cabnets, fencing and protective covering. The Monopine tower would contain 12 antennas and have capacity to co- locate up to three additional antennas. Additional Board comments were heard and summarized: the area of Axminister and Pine Knoll have terrible cell coverage and something should be done to improve the coverage in the area; no noise would be leaving the property based on normal operation of the equipment; questioned the RF study finding and how they would impact the new housing development to the north; the dba levels meets the Town codes; and questioned if the tower would meet wind speeds required by the codes. Anthony Goddard/Town citizen stated concern with the value of the neighboring properties on Tranquil Lane with the cell tower located next to an established neighborhood and the recent new workforce housing development. The preception of health risks, noise, and impact to the property values are a concern for the neighborhood impacted. The tower would be directly next to the new housing development and significantly impact the new residents. He stated the golf course was a preferred location in the applicant’s application and denied by the Town for unforseen reasons. Joe Croteau/Town citizen concurred with Mr. Goddard’s comments related to property values and the preceived impacts the cell tower would have on the health of the neighbors and RF impacts. He requested the Town reconsider the location of the cell phone tower to protect its citizens. Ms. Daniels stated the location of towers on top of apartments are common and desired by the inhabitants to improve service. The search ring changed once the current location on Hwy 7 north of the proposed location went live and made the golf course location ineffective in improving the service south on Hwy 7. There are no know health risks from the proposed tower. Mayor Pro Tem Martchink closed the public hearing. It was moved and seconded (Webermeier/Martchink) to approve Resolution 17-21, and the motion failed with Mayor Koenig, Trustee Cenac, Trustee MacAlpine, and Trustee Younglund voting “No”. Attorney Kramer stated the Board’s motion was to approve the Resolution which failed. There was no motion to deny the application. Federal law requires a written denial of the facts and findings if a governing body denies an application for a wireless communication facility. After further discussion, it was moved and seconded (Martchink/Younglund) to continue the DRAFTop. op. ng emerng em other noise gother fencing and protecfencing an ntennas and have ntennas and ha capa e heard and summarizee heard and terrible cell coverage andble cell cov rage in the area; no noisee area operation of the equipmoperation of the eq ey would impact the new hwould impact the new meets the Town codes; ande Town codes; an required by the codes.required by the cod ddard/Town citizenddard/Town citizen states g properties on Tranquil Laproperties on Tranquil La hed neighborhood and neighborhood and opment. The preception of opment. The pre uesues are a concern for theare a concern fo directly next to the new houdirectly next to the new ho residents. He stated the residents. He state plication and deniedplication and den teau/Towteau/Tow aluealue Page 30 Board of Trustees – February 23, 2021 – Page 5 application to the March 9, 2021 Town Board meeting and have staff draft findings of fact for consideration of denial, and it passed unanimously. 4. ACTION ITEMS: 1. RESOLUTION 18-21 ESTABLISHING AN ADVISORY COMMITTEE FRAMEWORK FOR THE ESTES PARK COMPREHENSIVE PLAN. Director Hunt stated the proposed resolution would establish a framework for an advisory committee for the Estes Park Comprehensive Plan. The Town received $150,000 in grant funding from the Colorado Department of Local Affairs to complete a new Comprehensive Plan and subsequent rewrite of the Development Code. An advisory committee to advise staff and the Town was proposed as part of the grant application to provide adequate community representation to guide the process and planning effort. The committee would consider issues, review data, consider alternatives, discuss ideas, refine vision and values, advise staff, Planning Commission and elected officials, and make recommendations to those entities and the community regarding goals, policies, and strategies being developed for the Plan. The appointment process would be conducted as outlined in Policy 102. The bylaws would address the makeup of the committee as it relates to the number of members and background of the members. The Planning Commission discussed the Commission serving as part or in whole as the committee during their recent meeting. He stated there would be value in having representation by members of the county because of the continued involvement of Larimer County in the process. Discussion was heard among the Board and summarized: Planning Commission participation would be encouraged but not required for all members to be involved; the committee should include a couple members of the community that do not live withing town limits; county members own businesses and pay taxes and should be represented; outreach to the community would be essential; suggested the number of participants from the town and county could be based on population; and there should be a diverse representation of interests, range of age groups, business owners, families, etc. It was moved and seconded (Younglund/MacAlpine) to approve Resolution 18- 21, and it passed unanimously. Staff would draft bylaws for the Town Board’s consideration at the next Town Board meeting on March 9, 2021. County Manager Hoffman and Community Development Director Ellis would be contacted to provide a letter from the County Commissioners articulating their role in the Comprehensive Plan process. It was moved and seconded (Koenig/Younglund) to extend the Town Board meeting past 10:00 p.m., and it passed unanimously. 2. RESOLUTION 19-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2021 BUDGET. Director Hudson presented an amendment to the 2021 budget to include funding to participate in the update to the 2009 Community Wildfire Protection Plan, two grants received for the Fall River Trail Improvements Phases 1A and 1B, and for a wireless hotspot grant. It was moved and seconded (Younglund/MacAlpine) to approve Resolution 19-21 Supplemental Budget Appropriations #2 to the 2021 Budget, and it passed unanimously. 3. RESOLUTION 20-21 PROFESSIONAL SERVICES CONTRACT WITH INVISION GIS, LLC FOR GIS CONSULTING SERVICES. Director Bergsten stated an RFP rendered three responses with InVision GIS submitting the lowest rates. The Utilities department has worked with InVision since 2012 to add and track infrastructure through GIS software. The company continues to meet the department’s needs as defined in the scope of service. Additionally, the Town cost shares the Lucity Asset Management Software with Lafayette and Louisville through an MOU. Each of these municipalities contract with InVision GIS, and by using the same consultant the municipalities save money by sharing software development. The professional services contract would award a five (5) year DRAFTgiesgies d as outd as o tee as it relattee a s. The Plannings. The P in whole as the commin whole as the be value in having represbe value in having r ontinued involvement of Laontinued involvement of L Board and summarized: Pnd sum ged bed butut not required for all mnot required f e a couple members of the couple members of th members own businessesers own businesses o the community would be eo the community would be e he town and county could he town and county se representation of interese representation of i s, etc. etc ved and secondeded and second (Young it passed it passed unanimously.unanimou deration at the next Town Bderation at the next Town man and Community Devman and Community Dev er from the Couer from the C ensive Planensive Plan prp andand Page 31 Board of Trustees – February 23, 2021 – Page 6 contract for GIS services. It was moved and seconded (Webermeier/Younglund) to approve Resolution 20-21, and it passed unanimously. 4. RESOLUTION 05-21 APPROVING INTERGOVERNMENTAL AGREEMENT WITH CDOT FOR GRANT FUNDING FOR THE FALL RIVER TRAIL. Grant Specialist Crosser stated the Town Board supported the submittal of two CDOT grant applications which were awarded: Transportation Alternative Program (TAP) funds in the amount of $955,000 with a local match of $238,750 and Multimodal Options Fund (MMOF) in the amount of $448,226 with a local match of $178,664. The proposed construction would start at the current trail terminus near Sleepy Hollow Court and follow US 34 west for approximately 0.25 miles. Approval of the IGA would allow the Town to proceed with final design and construction. It was moved and seconded (MacAlpine/Cenac) to approve the Colorado Department of Transportation Intergovernmental Agreement for grant support of the Fall River Trail, and it passed unanimously. 5. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Webermeier/MacAlpine) to enter into Executive Session for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b) C.R.S.; for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4)(e) C.R.S, and to discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a) C.R.S. - Negotiations and Alternatives for Prospect Mountain Water Easements, and it passed unanimously. Mayor Pro Tem Martchink recessed the meeting at 10:29 p.m. The Board entered executive session at 10:33 p.m. and concluded the executive session at 11:41 p.m. Mayor Pro Tem Martchink reconvened the regular meeting at 11:44 p.m. Whereupon Mayor Pro Tem Martchink adjourned the meeting at 11:44 p.m. Patrick Martchink, Mayor Pro Tem Jackie Williamson, Town Clerk DRAFTto entto e Board for thBoar ions ions - -Section 2Se ns relative to matters thns relative to ma for negotiations, and/or ifor negotiations, and and tand to discussc purchasechas onal, or other property innal, or other p and Alternatives for PrAlternati animously. ssed the meeting at d the meeting 1010::292 m. and concluded the execoncluded the ex nknk reconvened the regular reconvened the Pro Tem MartchinkPro Tem Martchink adjoadjouru DTown CTown C Page 32 Town of Estes Park, Larimer County, Colorado February 23, 2021 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 23rd day of February, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Manager Barr and Deputy Town Clerk Beers Absent: Trustee Bangs Mayor Koenig called the meeting to order at 5:40 p.m. ANNUAL UPDATE ON STREET IMPROVEMENT. Manager Barr presented a review of the 2020 street improvements including: 1.1 miles of roadway overlay and asphalt patched at 23 locations; re-pavement of the Davis parking lot; crack sealing of 8.5 centerline miles, and chip sealing of 3.1 centerline miles. An overview of the 2020 Trail Expansion Program included: one new mile of paved trail; two pedestrian bridges; a box culvert and other drainage improvements. Manager Barr presented the 2021 Street Improvement and Trail Expansion Programs funded by the 2014 1A Tax initiative. Highlights included: projected expenditures; design projects for the Third Street Rehabilitation, Cleave Street Interim Improvements and Visitor Center Parking Lot projects, and the Fall River Trail and Graves Avenue – Safe Routes to School Trail expansion programs. He stated approximately 68% of roadways have seen either crack seal, chip seal, patching or overlays. Staff anticipates roughly 4.5 miles of unimproved streets would need to be improved each year in order to reach every street by 2024. Staff stated the non-ballot 1A projects included Downtown Wayfinding, US 36 and Community Roundabout, Downtown Estes Loop and operations and maintenance. Questions have been summarized: questioned the impact of stormwater projects and needs and the effects on staff’s ability to maintain the roads; whether staff has considered the use of tire fiber material for street improvement and the quality and lifespan of the material; what the length of trail improvements would be for the Colorado the Beautiful project; whether any grants have been pursued with Larimer County which would be applied to the Downtown Loop Project related to trail connections. SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES – POLICY 1.10 SELF-MONITORING OF THE BOARD. Policy 1.10 Self-Monitoring requires annual review by the Board. Mayor Koenig requested comments from the Board and hearing non, closed the discussion. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek stated the Downtown Loop Quarterly Update and the Current State of Childcare in the Estes Valley would be held on March 9, 2021. The Facilities Master Plan Update would be held April 13, 2021. There being no further business, Mayor Koenig adjourned the meeting at 6:35 p.m. Bunny Victoria Beers, Deputy Town Clerk DRAFTTT..Fstreet improvements street improv inclcl at 23 locations; 23 locations re-pavem ine miles, and chip sealies, and EExpansionxpa ProgrPrograma inclu ; a box culverta box culve and othernd oth 1 Street Improvement andeet Improvement and initiative. Highlights Highlights inclincl d Street Rehabilitation, Cled Street Rehabilitati g Lot projectg Lot projec s, and nd the Fat ol Trail expansion programol Trail expansion progr n either crack seal, chip sether crack seal, chip se of unimprovedunimproved streets wou y street by 2024y street by 2024. .Staff Wayfinding, US 36 and Wayfinding, US 36 and ComC and maintenance.and maintenance.Questisti r projects r proj and needsnee as considered tas considered espan of thespan of th e Beae Bea Page 33       Page 34 Town of Estes Park, Larimer County, Colorado, October 6, 2020 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on the 6th day of October 2020. Committee: Chair Jeff Moreau, Vice-Chair, Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Randy Hunt, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund, Absent: none Chair Moreau called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Newsom/Moreau) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The motion passed 3-0. VARIANCE REQUEST, 915 Moraine Avenue, Bird and Jim Restaurant Senior Planner Woeber reviewed the staff report. The applicant requested approval of a variance to setbacks along two property lines. A zero foot (0’) setback in lieu of the minimum required twenty-five feet (25’) along Moraine Avenue/Highway 66 and a nine- foot (9’) setback in lieu of the minimum required fifteen feet (15’) (from High Drive). This variance involves acknowledging preexisting nonconforming setbacks for a structure that predate the Estes Park Development Code, with a new proposed awning addition being proposed within the setback. The subject property is within a CO (Commercial Outlying) Zoning District. Staff recommended approval of this variance. Discussion: Chair Moreau confirmed that due to grandfathering, the clean-up of setbacks was not needed. He also asked if the Board had the authority to grant a variance into the CDOT right-of-way. Director Hunt clarified that the cleanest solution is to approve the zero setbacks at the property line and then have CDOT provide permission for the overhang on the other side of the property line. Page 35 Board of Adjustment, October 6 , 2020 – Page 2 Mike Daley, project architect, stated that the owner is very appreciative of the temporary use permit for outside seating and has realized they would like this to be a permanent solution. They hope for a seasonal, five-month tent structure to achieve this, with no enclosure plans. The framework, however, will be a permanent, year-round structure. Chair Moreau recommended that the Board put wording into the variance that it cannot be a year-round enclosed structure. If an addition to the building was requested at some point, wording should be included in the motion to allow for this. It was moved and seconded (Moreau/Newsom) to APPROVE the requested variance as proposed and detailed within the staff report with the inclusion that the structure will not be permanently enclosed. The Board of Adjustment acknowledges the existing structure on the subject property is located over property lines at a zero foot setback, which predates zoning regulations, and approves the additional setback encroachment requested to install an awning over the outdoor patio seating area as proposed. The variance is approved with findings and conclusions as outlined in the staff report. The motion passed 3-0. REPORTS 2021 Budget process includes a proposal for a full rewrite of the Comprehensive Plan. A DOLA application for half of the $300,000 funding has been submitted. There are several initiatives underway for grants for local businesses to apply for assistance due to the pandemic. Temporary winterizing of structures are a part of this. A Planning Technician will hopefully be hired in the next month. There being no further business, Chair Moreau adjourned the meeting at 9:40 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary Page 36 Town of Estes Park, Larimer County, Colorado, January 21, 2020 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on the 21st day of January 2021. Committee: Rex Poggenpohl Vice Chair, Geoffrey Elliot, Kirby Nelson- Hazelton, Vicki Papineau, Ron Wilcocks Attending: Geoffrey Elliot, Kirby Nelson-Hazelton, Vicki Papineau, Rex Poggenpohl, Ron Wilcocks, Brian Berg, Kevin McEachern, Greg Muhonen, Megan Van Hoozer Absent: Co-Chair Poggenpohl called the meeting to order at 8:35 a.m. PUBLIC COMMENT No public comment. APPROVAL OF AGENDA / MINUTES Vice Chair Poggenpohl requested a motion to approve the January agenda. A motion was made and seconded (Elliot/Papineau) and all were in favor. A motion was made and seconded (Hazelton/Wilcocks) to approve the December meeting minutes as amended and all were in favor. 2021 OFFICER ELECTIONS Vice Chair Poggenpohl initiated nominations for PAB Chair and Vice Chair to serve in 2021, further confirming that while he does not have time to Chair, he would be receptive to Vice Chair. Member Elliot volunteered to serve as Chair. A motion made and seconded Poggenpohl/Wilcocks) to nominate Geoffrey Elliot as Chair and all were in favor. Elliot requested nominations for Vice Chair. A motion was made and seconded to nominate Poggenpohl for Vice Chair (Hazelton/Wilcocks) and all were in favor, with Poggenpohl abstaining. ARTS MASTER PLAN – UNIVERSITY ASSISTANCE In January, Poggenpohl and the Town’s Assistant Administrator (ATA) Jason Damweber solicited interest from some area universities for assistance with an Arts Master Plan Plan). Colorado State University (CSU) requested additional information . They were provided the Town’s art inventory listing prepared by Moore and Rustin from past years. The listing reflects $1.75M in assets (70-80 items), showing significant investment. This alone shows a need for maintenance procedures. CSU expressed interest in assisting due to land grant college status. CSU feels an obligation, if they’re able, to develop the Plan. The need for functional, over beautiful, Plan is understood. Additional information will be provided to CSU including the PAB Bylaws, the entire art inventory, brochures, Arts in Public Places Guidelines, etc. Once reviewed, CSU would like to circle back with Town representative to define the scope. Director Muhonen stated that with a small staff, the effort required for this effort is more than Public Works (PW) can produce. The Parks Advisory Board and the Public Works Department are not art experts. The conclusion is being drawn that an art committee or advisory board should be established but separate from the PAB. Internal discussions will need to occur about the best placement for this committee. Town Administrator Travis Machalek is not excited about adding more work to Town staff. Muhonen feels that with the expertise held within the Museum staff, that may be a logical department to aid. If CSU provides proposal, the next step would be for a recommendation to be made to the Town Board. Member Wilcocks has pulled in the art community from outside the PAB Page 37 Parks Advisory Board – January 21, 2021 – Page 2 to participate in the Historic Women’s Monument. Member Papineau agrees and stated that using Wilcocks as an example, the wonders of what the private art world can do is reflected. Poggenpohl shared that he and former Chair Merle Moore discussed feelings of discomfort with PAB being responsible for the Town’s art assets, but understood that if separate, there would need to be regular collaboration with the PAB. Muhonen stated there would need to be a well-thought-out proposal prior to presenting to the Town Board requesting guidance. Trustee Liaison Cenac reminded Muhonen that acceptance of this workload from another Town Department needs done prior to a proposal being created. Cenac’s only concern, following Wilcock’s model, would be the risks associated to having a group/entity separate from the Town managing the art process. Cenac agrees that a proposal would be a good idea. Wilcocks feel an Arts Advisory Committee, or something similar being associated to the Town in an advisory capacity would help with grants and would provide proper management for assets owned by the Town. The Women’s Monument project is getting authority from the PAB. Wherever this committee were to end up, the Town being behind the actions of the members is important. Supervisor Berg stated that the formation of the AIPP was to serve as a springboard prior to going to the Town Board. Until establishing the Decorating Utility Box (DUB) program, it hadn’t been utilized much. Parks and open spaces wherein art could be installed are finite. It is important to decipher Town-owned versus private art installations, then make that information clear to CSU for proper analysis. Cenac stated her biggest concern is maintenance of the art and who will perform the maintenance. Berg stated that Museum Director Derek Fortini would have the expertise pertaining to art inside Town-owned buildings. For all the bronze on Town-owned land, the Town contracts with a high-end bronze / patina company to maintain bronze. Cenac stated that if Berg doesn’t foresee much additional art coming into the public areas, she wonders about the benefit of establishing a separate arts committee. Poggenpohl feels a separate committee would only need to meet when it had to make decisions and not on a regular monthly meeting, with the exception of the initial planning and grants, selections, etc. which would be intermittent. Cenac has found that those committees that don’t commit to a regular schedule eventually seem to dwindle. There is already a difficulty maintaining advisory board members. Wilcocks agrees that Town needs to define a structure. An ad hoc advisory board will lead to ad hoc results and participation. Committee members and their conduct should be defined in the Plan. Goals need to be established and achieved. It is not adequate to have an ad hoc committee. Elliot stated that the PAB used to have more art members. There are a variety of private art entities and the Town, nor PAB, would want to pick one. Poggenpohl stated that if CSU assists, or builds the Plan they will be speaking to other entities in town. A new art committee should require membership from within the art community. Hazelton feels the best course of action would be for a small group to create a couple of different proposals to bring back for review at the regularly scheduled February meeting , in preparation of potential future Town Board consideration. No more than two members of the PAB can be involved, in order to prevent violating the Sunshine Law. After discussion about member time constraints, Elliot requested Poggenpohl and Hazelton work together to prepare a couple proposals for next month’s meeting. Muhonen stated that if everything is finalized by the February meeting, the soonest it can go before the Town Board in a study session would be March 9, 2021, with a deadline for documents being due no later than February 25, 2021. Page 38 Parks Advisory Board – January 21, 2021 – Page 3 PARKS DIVISION UPDATES (Parks Supervisor Brian Berg) Supervisor Berg shared that after discussion with the Town Attorney, there are no legal issues with the Estes Valley Land Trust (EVLT) plaque discussed last month and no policy is necessary. Due to the length of time the bench purchaser has waited for plaque installation (4-5 months), the EVLT is requesting we let this one go, with the understanding that an approved template would be used moving forward . Muhonen stated that since there is no existing policy against this type of display on a dedication plaque, coupled with the strong feelings from the family there is no reason not to approve the installation. Cenac doesn’t feel the plaque wording or image are offensive and no template was provided for reference. Members discussed further to determine consensus. Berg will allow the plaque to be installed as shown and no policy will be created. A motion was made and seconded to allow plaque installation Poggenpohl/Papineau) and all were in favor. Visit Estes Park (VEP) provided the Parks Division a $50K donation for installation of a climbing boulder and safe surround material, etc. There is a 10 to 12-week lead time for the climbing boulder. Berg is working toward preparation of a Request For Proposal RFP) for a playground contractor. Additional updates from the Parks Division include: Roundabout landscaping at MacGregor Ave. and Wonderview (Hwy 34) is still in progress, pending equipment. The 2021 flower order is complete. The Thumb Open Space Conservation Easement approval is being finalized. The Rocky Mountain Conservancy offered to continue to assist with trail work to the climbing area. This will resume upon completion of the Management Plan . Member Papineau asked for clarification on the placement of the climbing boulder. Berg shared that it would be located near the parking structure where the existing picnic area is located. Berg is continuing to work through design issues with broadband installation requiring travel through the designated space. Berg hopes to bring plan to February meeting. OTHER BUSINESS Wilcocks has two items he wants to mention. First, there was intensive work done toward completion of the Weed Management Plan and it seems to have fallen by the wayside. He’d like to learn the status of this plan. Papineau stated the Weed Management guide was approved and posted on the Town’s website. Second, Wilcocks wanted to share that the Women’s Monument Project is going great. The subcommittee is heavy into fundraising and detailed proposals are being created. He invited members to provide tax-deductible location to the sculpture. Poggenpohl suggested developing a plan for the PAB for 2021, to be discussed at the next meeting. Poggenpohl would like to invite the Watershed Coalition for collaborative planning to the March PAB meeting. There being no further business, a motion was made and seconded Poggenpohl/Hazelton) to adjourn the meeting and all were in favor. Chair Elliot adjourned the meeting at 10:16 a.m. Megan Van Hoozer, Recording Secretary Page 39       Page 40 Town of Estes Park, Larimer County, Colorado, January 20, 2021 Minutes of a Regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually on the 20th day of January 2021. Committee: Belle Morris, Tom Street, Janice Crow, Ann Finley, Larry Gamble, Linda Hanick, Scott Moulton, Gordon Slack, Ron Wilcocks Attending: Belle Morris, Tom Street, Janice Crow, Ann Finley, Larry Gamble, Linda Hanick, Scott Moulton, Gordon Slack, Ron Wilcocks, Trustee Carlie Bangs, Public Works Director Greg Muhonen, Engineering Mgr. David Hook, Parking & Transit Mgr. Vanessa Solesbee, Rocky Mountain National Park John Hannon Absent: Chair Morris called the meeting to order at 12:25 p.m. (due to technical difficulty) PUBLIC COMMENT No electronic submissions of public comment were received prior to the deadline and no public was in attendance. APPROVAL OF MINUTES A motion was made and seconded (Slack/Hanick) to approve the December meeting minutes as amended and all were in favor. 2021 OFFICER ELECTIONS (Chair, Belle Morris) Chair Morris indicated she and Co-Chair Street had spoken about their current roles and both agreed they’d be willing to serve again in 2021. Morris invited input from the TAB members and there were no comments. A motion was made and seconded Slack/Hanick) to have Morris remain Chair and Street to remain as Co-Chair. All were in favor. SRTS TASK FORCE & SIDEWALK NEEDS INVENTORY (Chair, Belle Morris) There have been three meetings to date. Currently, the Task Force (TF) is creating a survey directed to school families regarding their experience walking or biking to school. The TF is also generating a document auditing the deficiencies or impediments to biking/walking to school. Member Slack thanked the TF members for the efforts invested. 2021 TAB PRIORITIES & CATEGORIES (Chair, Belle Morris) The listing of TAB’s priorities is reflected in an Excel document that Administrative Assistant Van Hoozer would provide as a shared document to the TAB, along with any needed instructions on providing individual member priority rankings. PROJECT UPDATES (Parking & Transit Mgr. Vanessa Solesbee) Transit: Solesbee shared the presentation that would be presented to the Town Board regarding 2021 Transit plans. The presentation reflected the potential relocation of the transit hub from the parking structure back to the Visitor Center (VC). Solesbee will also discuss this potential with the shuttle drivers to gather more feedback. The members shared their thoughts on the move. Member Slack stated that the new traffic signal at the entrance to Steamer Pkwy. should create gaps for the shuttles exiting the VC. Hanick feels the parking structure is a safer place for the hub due to both pedestrian and vehicle traffic. Gamble stated that the priority should be the smoothest flow in and out of the hub, which appears to be from the parking structure and both Finley and Moulton concurred. Co-Chair Street suggested running another pilot year before evaluating the parking structure hub’s efficacy. Page 41 Transportation Advisory Board – January 20, 2021 – Page 2 Rocky Mountain National Park’s (RMNP) John Hannon informed the group that the plan is to run the Hiker Shuttle full schedule beginning the Friday before Memorial Day through Columbus Day from 7 a.m. to 8 p.m. daily. Parking: Matt Eisenberg shared that the division is preparing parking enforcement revisions to the Estes Park Municipal Code, with comments being due by January 28, 2021. Director Muhonen requested edits to language of “booting” to “barnacle” on the immobilization slide. He reminded that the Town Board does not increase fines, but the judge does. The request to the Town Board is for support to request a fine increase. Solesbee wanted to share with the group that the Electric Vehicle & Readiness Plan would be presented to the Town Board Trustees at the January 26 study session, and then in a Town Board meeting on February 9 as an action item open to public discussion. Solesbee stated she’d like some additional time allotted on the February agenda to share updates on planned seasonal paid parking outreach and communication efforts. Visit Estes Park’s Abi Huebner stated that the 2020 visitation figures were only minimally reduced from 2019. She anticipates increased travel in 2021 due to COVID - 19 vaccine availability. PROJECT UPDATES (Engineering Mgr. David Hook) Manager Hook provided updates on active Engineering projects. Graves Ave. Improvement Safe Routes to School (SRTS): The Town is ready to sign a Notice to Proceed for a design consultant to begin this project. Hook plans to return to the TAB for a special meeting in March, specifically for this project, to gather feedback on conceptual design options. The consultant will be tasked with creating a bilingual and interactive website in lieu of live meetings to receive community feedback. This will include posting of videos, like the March presentation. The TAB agreed to this request for public feedback solicitation in March. Moving forward, Hook will bring back to TAB both the 30% and 90% design drawings as they become available. There exists an opportunity for TAB members to assist with education and encouragement efforts on this project. Rather than conducting a separate meeting for those who solely speak Spanish, the Town has decided to direct all community members to the consultant-created bilingual website. Morris suggested reaching out to the Estes Valley Recreation & Parks District Community Center visitors for input as well. The consultant will be conducting a presentation of SRTS program overview. Morris requested this be a separate meeting from the special meeting discussed previously. 2021 Parking Wayfinding: A Notice to Proceed was signed this week to finalize bid documents. Fall River Trail: The railing is complete yet there are still punch list items remaining for Spring completion. The 2021 bid package is currently under development. PROJECT / ADMINISTRATION UPDATES (Public Works Director Greg Muhonen) Director Muhonen requested from the TAB, any suggestions or questions on the Manual on Uniform Traffic Control Devices (MUTCD) for the upcoming 11th edition. Provide input directly with him if interested in sharing thoughts. Downtown Estes Loop: Muhonen shared the road designs depicting Moraine Ave. crosswalk relocation south to the end of the shown diagonal parking, as discussed previously. He stated that this frees up two additional parking spaces and eliminates the safety risk of vehicles backing into crosswalk when leaving space. The TAB agreed that the concern remains for pedestrian safety when crossing Moraine Ave. The recommendation was made for either an elevated crosswalk; having motorcycle-only parking near the crossing; or the potential elimination of the two parking Page 42 Transportation Advisory Board – January 20, 2021 – Page 3 spaces nearest the crossing. Muhonen went on to share the revisions to the crossing at Elkhorn Ave. Public Works is researching durability and maintenance demands with Denver and Brighton. The TAB agreed that the preference from the perpendicular crossing would be colored concrete. The thermoplastic white starter bars existing are not visible in the winter. Thermoplastic would prove high maintenance due to de-icing and snow plow operations. TAB BYLAWS (Chair, Belle Morris) According to section VI General Provisions of the TAB Bylaws, a 20 -day notice of bylaw changes are required to be provided to all members. A vote on the proposed changes will be taken at the February 17 meeting. OTHER BUSINESS (Chair, Belle Morris) There being no further business, Chair Morris adjourned the meeting at 2:00 p.m. Megan Van Hoozer, Recording Secretary Page 43       Page 44 RESOLUTION 21-21 SETTING THE PUBLIC HEARING FOR A NEW FERMENTED MALT BEVERAGE OFF-PREMISE LIQUOR LICENSE APPLICATION FOR MINI MART, INC. DBA LOAF N’JUG #750828 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New FERMENTED MALT BEVERAGE OFF-PREMISE Liquor License, filed by MINI MART, INC. DBA LOAF N’ JUG #750828, 561 Big Thompson Avenue, Estes Park, Colorado, is February 12, 2021. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 13, 2021, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.5 miles, as measured from the center of the applicant's property. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 45       Page 46 HUMAN RESOURCES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, HR Director Date: March 9, 2021 RE: Amending Policy 305 Benefits PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER – Policy Revision QUASI-JUDICIAL YES NO Objective: To amend Policy 305 Benefits to adjust the Home Ownership program boundary and to reflect current eligibility and tiers for health insurance. Present Situation: Currently the Town uses the Park R-3 school district boundary for the home ownership program. This has raised some questions recently because the boundary does not include Storm Mountain where land and homes are still considered affordable for employees. The Executive Leadership Team reviewed the Estes Valley Recreation and Park District boundary map as an option; however, the team felt the boundary included areas such as those reaching the Pinewood Reservoir that are too far and would place employees closer to Loveland than Estes Park. Through the group’s discussion, the team agreed to maintain the school district boundary and add Storm Mountain and Waltonia Road area to the map, thereby creating a unique map for the Town's home ownership program. The Town updated eligibility for health insurance to included eligible spouses in August 2019. The policy was not updated to reflect this change. An eligible spouse includes any spouse who does not have access through their current employer to health insurance. The revision clarifies the Town’s current health insurance benefit tiers which include employee only, employee plus child(ren), employee plus spouse, or family. Proposal: To revise Policy 305 Benefits to provide an updated home ownership boundary as outlined in Exhibit A which includes the Park R-3 School District, Storm Mountain, and Waltonia Road. Please note, the policy also outlines it is the responsibility of the employee to ensure they are meeting any residence requirements of their job and any response times outlined in their job description. Page 47 All other proposed changes are to provide additional clarity and consistency to the policy and do not change the intent or implementation of the policy. Advantages: • To provide additional areas for Town employees to purchase a home or construct a home under the home ownership program. • To increase employee retention. • To improve the quality and timeliness of services to Town customers because employees live within the service areas and can respond quickly. Disadvantages: • The expanded area may make it easier for an employee to consider employment in the Loveland area. • Some areas such as Storm Mountain may make it more difficult for employees to respond in a timely manner during weather events. Action Recommended: Approve the revisions to Policy 305 Benefits. Budget: No direct costs. Level of Public Interest: Low. Sample Motion: I approve/deny the amendments to Policy 305 Benefits. Attachments: 1. Amended Policy 305 Benefits with redlines. 2. Exhibit A – Revised Home Ownership Boundary. Page 48 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 1 of 9 Effective Period: Until superceded Review Schedule: Annually Effective Date: 12/11/1803/09/2021 References: Governing Policies Manual 3.2, 3.8 ADMINISTRATIVE SERVICESHUMAN RESOURCES 305 Benefits 1.PURPOSE To provide information for all employees regarding the Town of Estes Park’s employee benefits. 2.POLICY It is the policy of the Town of Estes Park to provide its employees with a benefits package and competitive compensation package that is annually reviewed and updated. Any recommended funding changes to either the compensation or benefits package, based on annual studies, audits or reviews, is dependent on available funding and final approval by the Town Board of Trustees. The benefits package offered by the Town of Estes Park includes medical, dental, vision, group life and dismemberment insurance, optional additional life insurance, tuition assistance, training, an employee assistance program, discounted health club memberships, flexible spending plans, an employee home ownership program, childcare assistance program and a retirement plan. 3.PROCEDURE a. Medical, Dental, and Vision Coverage i.Regular Full-Time Employees (30 or more hours per week) The Town provides medical, dental, and vision insurance to all full-time employees at ninety percent (90%) of the premium paid by the Town. The employee may elect medical insurance for the employee only, employee and children, employee and eligible spouse, or family (employee, children, and eligible spouse). The employee may elect dental and vision insurance for the employee only or employee and family, which includes spouse and children. ii.Regular Part-Time Employees (24-29 hours per week) Part-time employees who work 24-29 hours per week may participate in the plans, but must pay the entire premium. iii.Contracted Employees Benefits are determined through, and bound by, a contractual employment agreement. ATTACHMENT 1 Page 49 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 2 of 9 iv. Elected Officials The Town provides full medical, dental, and vision insurance to members of the Town Board of Trustees. Ninety percent (90%) of Trustee-only coverage and Trustee with dependents coverage is paid by the Town. b. Continuance of Medical, Dental, and Vision Insurance The Town’s policy for continuance of medical, dental, and vision insurance is consistent with the requirements of the Consolidated Budget Reconciliation Act (COBRA). i. 18-Month Continuance The Town offers employees and/or their dependents the option to continue their medical, dental, and vision coverage for an 18-month period under the following qualifying events: 1) Employees who are terminated for reasons other than misconduct; or 2) Employees whose working hours have been reduced. ii. 29-Month Continuance The Town offers employees and/or their dependents the option to continue their medical, dental, and vision coverage for a 29-month period under the following qualifying events: 1) Employees who are disabled at the time of termination; 2) Employees who are disabled and whose working hours have been reduced; 3) Disabled dependents of a terminated employee; or 4) Disabled dependents of an employee whose hours have been reduced. iii. 36-Month Continuance The Town offers employees and/or their dependents the option to continue their medical, dental, and vision coverage for a 36-month period under the following qualifying events: 1) Death of employee (eligible beneficiary can continue insurance); 2) Employees who become eligible for Medicare coverage; or 3) Dependent child losing “dependent” status under the requirements of the plan. iv. Cost of Continuance For continuation of coverage, the employee and/or dependent will be required to pay one-hundred and two percent (102%) of the total insurance premium. The added two percent (2%) covers administrative costs. It is the responsibility of the employee to notify the Town of changes in status which will affect dependent Page 50 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 3 of 9 coverage. This notification must take place within 60 days after change of status has occurred. v. Evidence of Insurability No evidence of insurability need be provided for continuation to occur. The continuation coverage must be identical to the coverage offered to other Town employees presently enrolled in the plan. vi. Pre-Mature End of Continuance of Coverage Coverage under these provisions will end earlier than stipulated if: 1) The Town ceases to provide a group medical plan to its employees; 2) Premium payments are not met by the insured; or 3) The insured is re-employed and is covered under another group plan or becomes eligible for Medicare. c. Medical Insurance for Retirees Employees hired prior to June 1, 2016 who have at least 15 years of service and are at least 60 years of age at the time of retirement are eligible to continue medical coverage under the Town’s medical coverage until reaching age 65. The Town will pay the Town’s portion of the premium under the same terms covered for qualifying full-time and part-time employees. Dependent coverage must be paid by the retired employee. d. Group Life and Dismemberment Insurance 1) Employees are insured up to one times the employee’s annual salary (not to exceed $50,000). 2) Additional Life Insurance coverage is available for employees at their own expense. e. Retirement Plans i. Types of Retirement Plans The Town of Estes Park provides two types of retirement plans; a Defined Benefit Plan (Public Employees Retirement Association) and a Defined Contribution Plan (International City Management Association Retirement Corporation). 1) Benefit-eligible employees who do not fall into either the Senior Management Category or the Sworn Police Officer category are covered by the Public Employees Retirement Association (PERA) and Social Security Administration as required by current state and federal law. 2) Senior Management (defined in Colorado State Statute 24-51-308 as …”the city manager and key management staff who report directly to the city council or city manager…”) may choose between participating in PERA or participating in the International City Management Association Retirement Page 51 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 4 of 9 Corporation (ICMA-RC) program. If a member of Senior Management chooses to participate in the ICMA-RC program, that person must waive, in writing, PERA coverage. 3) For those members of Senior Management that elect to be exempted from PERA, the Town of Estes Park will contribute an amount equal to the Town’s PERA contribution into an ICMA-RC defined contribution plan on behalf of the employee. In order to be eligible for the Town’s match, members of Senior Management who choose this option are required to contribute an amount equal to the PERA required employee contribution into the ICMA-RC defined contribution plan. 4) Sworn Police Officers are covered by the ICMA-RC program, with the Town of Estes Park contributing an amount equal to the Town’s PERA contribution on behalf of the employee. In order to be eligible for the Town’s match, the employee is required to contribute an amount equal to the PERA required contribution into the ICMA-RC defined contribution plan. ii. Retirement Contributions Benefit eligible employees are required to contribute to their retirement plan. Contribution amounts by the Town of Estes Park are based on PERA’s annual contribution requirement. The determined amount by PERA shall serve as the baseline for retirement contributions by the Town for all employee retirement plans. f. Tuition Assistance The Town of Estes Park values education and recognizes that the skills, knowledge, and abilities of its employees are critical to the success of the organization. The Town encourages higher education and has the discretion to offer tuition and textbook cost reimbursement (dependent on departmental budget availability) for relevant college coursework expenses as allowable under Section 127 of the IRS regulations (currently $5,250). Tuition/textbook reimbursement is budget dependent through the employee’s assigned department and is disbursed on a first come, first served basis. i. Reimbursement Amount Subject to the eligibility conditions listed in 305.3.f.ii, employees will be reimbursed at a rate of 50% of the cost of the course tuition and textbooks. The maximum annual reimbursement level is equal to the maximum untaxable benefit allowed by the IRS pursuant to section 127 per year (currently $5,250). ii. Eligibility Both full-time and part-time employees are eligible for tuition assistance under the following conditions: 1) The employee has worked for the Town for at least one (1) calendar year. 2) The employee completes a “Tuition Assistance Agreement” each semester, and obtains approval from the Department Director prior to beginning the Page 52 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 5 of 9 course. The “Tuition Assistance Agreement” will be submitted to Human Resources 3) The proposed coursework is offered by an institution that is fully accredited by the Higher Learning Commission (HLC). 4) The coursework is job-related or part of an established career plan that benefits the Town of Estes Park and has been approved by the Department Director and Human Resources. iii. Reimbursement Process Employees seeking reimbursement for approved courses will use the following process: 1) The employee will submit a transcript displaying final grade for the course and a “Request for Reimbursement Form” to Human Resources. Undergraduate courses must be completed with a grade of “C” or better, graduate courses with a grade of “B” or better, and pass/fail courses with a grade of “Pass”. The Town will not reimburse any employee for any course where the required grade level is not accomplished. 2) Upon receipt of the transcript and “Request for Reimbursement Form”, Human Resources will verify that the grade required for reimbursement was achieved. If the grade meets the requirements, Human Resources will forward the “Request for Reimbursement Form” to Finance for processing. 3) Human Resources will process the “Request for Reimbursement” within thirty (30) days of the receipt of complete documentation. 4) The employee agrees to reimburse the Town for the cost of the education paid by the Town if the employee terminates their employment within one year after completing a course. The Town has the right to withhold the appropriate retroactive amount from the employee’s final separation check. iv. Use of Work Time for Coursework Whenever possible, employees are to pursue classes on their own time. When necessary, and upon approval of the employee’s supervisor, an employee may flex time to attend classes. g. Training and Professional Development i. Required Training All costs for training programs or classes, including tuition and books, which are required to improve the employee’s performance of job assignments and duties shall be paid by the Town of Estes Park with appropriate approval (approval authority shall be commiserate with purchasing authority limits). Requests and suggestions for approved, required training may be initiated by the employee or the employee’s supervisor. However, all requests must be approved in advance Page 53 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 6 of 9 by the appropriate authority (again, approval authority is commiserate with purchasing authority limits). ii. Certification/License Retention All associated expenses for training required to maintain an employee’s certification or license for their job will be paid for by the Town. Advanced certification or license training expenses will be paid for by the Town based on organization need of that particular skill level. Expenses associated with retesting due to failing a test shall be reimbursed at the discretion of the Department Director. iii. Career Advancement Training In an effort to support succession planning, the Town of Estes Park will pay for training specific to developing an employee’s skills for promotion and advancement within the organization. These trainings will require Department Director approval. h. Employee Assistance Program The Town participates in an Employee Assistance Program (EAP) for all full-time, part- time employees and eligible contract employees. This program provides help for employees that are facing personal problems. The EAP provides confidential assessment, referral, and focused therapy for employees and household members. The program also assists employees in obtaining the most effective treatment, while ensuring quality of service. The Town does not receive any personal identifying information regarding the usage of the EAP. i. Health Club/Community Center Health club/Community Center memberships may be available at a group or reduced rate. All fees are the employee’s responsibility. Monthly memberships may be deducted from participating employee’s paychecks. j. Social Security Benefits The Town abides by all applicable federal requirements for Social Security contributions. k. Flexible Spending Plan The Town offers employees the option of participating in a Section 125 Flexible Spending Account. This benefit includes pre-tax options for premiums, child care, and medical expenses. l. Voluntary Plans The following are voluntary plans available to Town employees. The Town does not contribute to these plans. 1) Voluntary 401K 2) Voluntary 457/Roth Page 54 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 7 of 9 3) Voluntary Long-Term Disability 4) AFLAC 5) Voluntary Life and Accidental Death and Dismemberment. m. Employee Home Ownership Program i. Purpose The Home Ownership program provides financial assistance to an employee for the purchase or build of his/heran employee’s first owner-occupied home and primary residence in the Estes Valley or qualifying surrounding area. The boundary map for this program is provided in Exhibit A./ Additionally, the home must be accessed by the roadways entirely within the boundary area when traveling to and from downtown Estes Park. The Town benefits from this program through increased employee retention and improvement in the quality and timeliness of services provided by employees who are also residents. The Town reserves the right to alter this program at any time, and may impose a cap on the number of participants if deemed necessary by the Town Administrator. ii. Eligibility Any permanent, full-time employee with an annual household income less than or equal to 175% of the Larimer County Median Income for the most current year is eligible for this program. The employee must be a first-time home buyer in the designated area. The Estes Park Housing Authority will evaluate eligibility for all participants. Only one Town savings account may be used to purchase a home (i.e. two employees may not use this benefit to purchase or build a single home). iii. Program Responsibilities of Town The Town of Estes Park shall establish an internal account that is funded through the budget process. The Town offers a 3-year and a 5-year program. For the 3- year program, the Town of Estes Park shall credit the account $555.55 per month for each participating employee. For the 5-year program, the Town of Estes Park shall credit the account $333.33 per month for each participating employee. This monthly amount will serve as a fund to be used as part of a down payment on the purchase or construction of a home by the employee in the Estes Valley or qualifying surrounding areaarea defined in Exhibit A. In the event that an employee withdraws from the program, this money remains the property of the Town. iv. Program Responsibilities of Employee The employee shall establish a savings account that shall only be used for the Home Ownership Savings Program (separate from the aforementioned Town account). The employee is required to establish an electronic transfer funded by a deduction from the employee’s paycheck (deposits shall be made to the account each payday). The minimum amount of the deposit for the 3-year program shall be $159 per pay period ($4,134 annually). The minimum amount of the deposit for the Page 55 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 8 of 9 5-year program shall be $95 per pay period ($2,470 annually). It is also the employee’s responsibility to ensure that the home to be purchased falls within the designated program boundary area. The employee must further ensure the location of the home meets any requirements outlined in their job description with the Town. v. Withdrawals from Employee Account Withdrawals from this account are not allowed, and will be considered an automatic disqualification from the program. These funds may not be withdrawn prior to the issuance of the Town funds unless the employee provides documentation supporting the necessity of the prior use of the funds. vi. Payment Request At the end of the three or five years, or sooner, the employee may request payment of the funds for a qualified purchase (Town funds may not be used for earnest money). At the time of the payment request, Human Resources must have on file a statement for every month the employee participated in the program. Again, the employee will be disqualified from the program if any unauthorized withdraws have been made. Finance shall issue the funds payable to the title company handling the purchase closing. The employee must provide documentation of the use of the funds such as a copy of a signed contract to Human Resources. Town funds will be taxed at the supplemental tax rate. The Town will hold funds for a period of up to two (2) years after an employee completes his or her chosen program. vii. Program Hiatus A participating employee may take up to a one (1) year hiatus from contributing to the Home Ownership Savings Program Account. During that time, the employee may not make any withdrawals from their account. The Town will not contribute to the account during the hiatus. A hiatus must be taken in one continuous period (i.e. if an employee only takes a three-month hiatus, said employee cannot take another nine-month hiatus at a later time). n. Childcare Assistance Program i. Purpose The purpose of this program is to assist full-time benefited employees who are cost-burdened by childcare expenses. ii. Eligibility In order to participate in this program, employees must meet the following requirements: 1) Seasonal, part-time and contract employees without benefits are not eligible for this program; 2) Have one or more dependent children aged birth through twelve (12) years; Page 56 Document Title Policy 305 - Benefits 12/11/1802/19/2021 Revisions: 12 Town of Estes Park, Administrative ServicesHuman Resources Page 9 of 9 3) If there are two parents/guardians in the household, the second parent/guardian must work a minimum of 20 hours per week or attend school with 6 credit hours or equivalent per term; and 4) One (1) Childcare Assistance per household as allowed by IRS standards. 5) Sign up for Dependent Care Flexible Spending Account through the Town. iii. Program Responsibilities of Town The Town will make an annual contribution to a qualifying employee’s Dependent Care Flexible Spending Account (DCFSA). The amount of this contribution will depend on available budget, but the Town will endeavor to match an employee’s contribution on a one-to-one basis up to the annual maximum limit of the DCFSA as established by the Internal Revenue Service ($5,000 in 2018, equivalent to a $2,500 contribution from both the Town and one employee). iv. Program Responsibilities of Employee Employees must provide all materials necessary for qualification. Application for this benefit must be made in coordination with open enrollment or in conjunction with a qualifying event. o. Effective Date of Benefits If a benefit-eligible employee is hired on or after the 2nd day of the month, benefits will be effective the 1st of the following month. If the hire date is the 1st of the month, the benefits will be effective immediately. p. Changes to Provided Benefits The Town reserves the right, at any time, to: 1) Amend or modify, in whole or in part, any or all of the provisions of a benefit program, including provisions concerning who is eligible for coverage and the coverage provided. 2) Discontinue, terminate, or add a benefit program. 3) Change the amount or nature of the required contribution to be made by the participant or beneficiary of a benefit program. Approved: _____________________________ Todd JirsaWendy Koenig, Mayor _____________ Date Page 57 SSAINTV RAINAVEF ALLRIVER R D EHIGHWAY 3 6HI GHWAY7 W HIGHWA Y 34 N ST VRA INDR SSTVRAINDR HIGHDRHIGHWAY36 TUNNELRDDE V ILSGULCHRDTRAILRID G E R DMAINSTBEARLAKERDCOUNTYROAD 43 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Town of EstesParkProposedHomeOwnershipBoundary Updated: 2/4/2021 Proposed Home Ownership Boundary School District Park R-3 Electric Service Area Town Boundary 0 1 2Miles File: HomeOwnershipArea.mxd ATTACHMENT 2 Page 58 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Deb Callahan, Laboratory & Water Quality Supervisor Date: March 9, 2021 RE: Resolution 22-21 Approving a Memorandum of Understanding and Amendment 1 with the Northern Colorado Water Conservancy District, City and County of Broomfield, Cities of Boulder, Fort Collins, Greeley, Longmont and Loveland for Water Quality Monitoring of Compounds of Emerging Concern in Northern Colorado, for an amount not to exceed $3,000.00, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To provide high-quality water service by obtaining approval of the Memorandum of Understanding (MOU) and associated Amendment 1 between the Town of Estes Park and the Northern Colorado Water Conservancy District, City of Boulder, City and County of Broomfield, City of Fort Collins, City of Greeley, City of Longmont and City of Loveland. Present Situation: Clean water is one of the most precious resources for every community. Monitoring our untreated source water for compounds of emerging concern ensures we maintain high- quality potable water service. Northern Water operates the Colorado-Big Thompson ("C-BT") and Windy Gap Projects, storing and delivering untreated water to Estes Park for treatment and delivery to our customers. That same source water is delivered to multiple municipalities who also monitor for contaminants of emerging concern. Proposal: This MOU is for a regional cost-share collaborative between Northern Water and municipal participants. Northern Water is the primary coordinator of monitoring efforts and program development. The program's primary goal is to proactively monitor the occurrence and concentration of a select list of emerging concern compounds relevant to the region. Page 59 The 2020 wildfires directly impacted the Colorado Big Thompson (CB-T) system. This year's monitoring includes fire-related compounds identified in runoff from burn areas. Samples will be taken at Glacier Creek's confluence with the Big Thompson River, our future raw water intake location. Another sample point will be the finished water from our Marys Lake Treatment Plant, measuring the removal effectiveness of membrane filtration on any compounds coming from the CB-T source water. Advantages: • Maintains high-quality source water through early identification of contaminants • Aids in the development of source water protection plans • Establishes a baseline dataset to monitor trends, and changes in water quality • Centralizing the information which improves our ability to identify patterns and solutions not revealed in small dataset • Consolidation of the administrative tasks saves time and money for all participants Disadvantages: None Action Recommended: Staff recommends approving the MOU. Finance/Resource Impact: Less than $3,000 Level of Public Interest Low, this level of detail is only interesting to a limited audience. Sample Motion: I move for the approval of Resolution 22-21. Attachments: 1. Resolution 22-21 2. MOU 3. MOU Amendment No 1 4. Poster 5. Operating Plan 6. Study Page 60 RESOLUTION 22-21 APPROVING A MEMORANDUM OF UNDERSTANDING WITH NORTHERN COLORADO WATER CONSERVANCY DISTRICT, CITY OF BOULDER, CITY AND COUNTY OF BROOMFIELD, CITY OF FORT COLLINS, CITY OF GREELEY, CITY OF LONGMONT AND CITY OF LOVELAND REGARDING WATER QUALITY MONITORING OF COMPOUNDS OF EMERGING CONCERN IN NORTHERN COLORADO WHEREAS, maintaining high-quality and safe drinking water requires testing of our raw water resources; and WHEREAS, the source of our raw water is the same source for a larger geographic region; and WHEREAS, the region's water suppliers test for the same contaminants of emerging concern; and WHEREAS, the Town Board wishes to enter a memorandum of understanding referenced in this resolution's title to collaborate with municipalities through the program as defined in the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding referenced in the title of this resolution, and the first amendment thereto, in substantially the form now before the Board. The Board authorizes Town staff to approve annual operating plans as described in the memorandum of understanding, within the scope of their spending authority. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 61 Page 1 of 15 MEMORANDUM OF UNDERSTANDING REGARDING WATER QUALITY MONITORING IN NORTHERN COLORADO Compounds of Emerging Concern Monitoring Program) This Memorandum of Understanding (“Agreement”) is entered into by and between the following Parties, which are listed in no particular order: Northern Colorado Water Conservancy District, a quasi-municipal entity and political subdivision of the State of Colorado (“Northern Water”); City of Boulder, a municipal corporation (“Boulder”); City and County of Broomfield, a municipal corporation and county of the State of Colorado (“Broomfield”); City of Fort Collins, a municipal corporation (“Fort Collins”); City of Greeley, a municipal corporation (“Greeley”); City of Longmont, a municipal corporation (“Longmont”); City of Loveland, a municipal corporation (“Loveland”); and Town of Estes Park, a municipal corporation (“Estes Park”). Boulder, Broomfield, Fort Collins, Greeley, Longmont, Loveland, and Estes Park are collectively referred to as the “Municipalities.” 1. BACKGROUND. Northern Water operates the Colorado-Big Thompson (“C-BT”) and Windy Gap Projects, which store and deliver untreated water to the Municipalities, for treatment and delivery to customers. It is important for Northern Water and the Municipalities to monitor and maintain high quality water so that the Municipalities can more cost-effectively treat these waters for municipal and other uses. 2. PROGRAM. The Compounds of Emerging Concern Water Quality Monitoring Program Program”) is a regional cost-share collaborative effort between Northern Water and the Municipalities. Northern Water is the primary coordinator of monitoring efforts and program development. The main goal of the Program is to proactively monitor the occurrence and concentration of a select list of compounds of emerging concern (“Compounds”) that are relevant to the region in the C-BT Project, Windy Gap Project, and other source waters associated with drinking water supplies in northern Colorado. The Compounds include: pharmaceuticals and personal care products; endocrine disrupting compounds; pesticides; and other compounds of emerging concern and interest. Program objectives include: 1) Collect data to monitor current conditions with respect to the Compounds; 2) Maintain a baseline dataset to monitor trends, and changes in water quality with respect to the Compounds; 3) Maintain a robust and evolving list of compounds to incorporate newly developed products used in the pharmaceutical and pesticide industries; 4) Assess impacts from adverse events such as floods and wildfires with respect to the Compounds; 5) Collect data to support the potential development of new and assessment of existing regulations concerning the Compounds; and ATTACHMENT 2 Page 62 Page 2 of 15 6) Develop source water protection measures to maintain a high-quality water supply with respect to the Compounds. 3. ANNUAL SCHEDULE. The Program operates on an “Operating Year” that corresponds to Northern Water’s fiscal year of October 1st to September 30th. Each Operating Year consists of the following: 1) the approval of an Annual Operating Plan; 2) bi-annual water quality monitoring in even numbered years; 3) program development or special studies in odd numbered years; and 4) completion of a biannual summary report for the prior year’s sampling during odd numbered years. 4. ANNUAL OPERATING PLAN. Northern Water will prepare and distribute a draft Annual Operating Plan for all Parties to review 30 days prior to the first annual quarterly meeting. Following discussion between Northern Water and the Municipalities, necessary edits will be made to the draft and the Annual Operating Plan will be approved/disapproved by each Party. The final plan will be approved during the first quarterly meeting of the operating year, typically in October. (see Meetings Section 9 (Meetings) below). It is not a requirement of this Agreement that the Annual Operating Plan be formally signed by the Parties to be approved for the Operating Year; however, email ratification from all Parties to Northern Water is required. All Parties must approve the Annual Operating Plan for it to be effective for the Operating Year. If a proposed Annual Operating Plan is not approved by all Parties, nothing herein shall preclude any Party from performing any or all of the tasks contemplated under the Annual Operating Plan outside of this Agreement. The Annual Operating Plan will be consistent with the terms and conditions of this Agreement. Each Annual Operating Plan for even numbered years must include: 1) Study site locations (site descriptions, coordinates, and map(s)); 2) A list of all Compounds that will be analyzed; 3) The sampling schedule including sampling months and frequency; 5) Sample collection and laboratory analytical methods; 6) The entity collecting the samples at each location; 7) Estimated costs for collection and analysis of each parameter at each study site; 8) The Party or Parties responsible for funding at each location; 9) Estimated costs attributed to each Party during the Operating Year; 10) Contact information for each Party; and 11) Any other pertinent information agreed upon by the Parties during the development of each Annual Operating Plan; 12) Identification of any anticipated source water protection measures through this program. Each Annual Operating Plan for odd numbered years must include: 1) A list of possible special studies that may be completed in the coming year; 2) A description of how each special study will meet program objectives; and 3) A timeline for the completion of a bi-annual report. 5. DATA COLLECTION. Samples will be collected using the same field methods and associated quality assurance/quality control (“QA/QC”) measures across all study sites to ensure that high quality data results. Field methods and QA/QC will be determined during the Page 63 Page 3 of 15 development of each Annual Operating Plan. The Parties agree that Northern Water will schedule all data collection for the Program. 6. DATA ANALYSES. The specific Compounds that will be analyzed in any Operating Year will be set forth in the Annual Operating Plan. In an effort to maximize comparability between sites, data will be analyzed using consistent methods. Laboratories will provide standard operating procedures for analysis which should include QA/QC protocols. All laboratory analyses will be performed using a laboratory and analytical methods agreed upon by the Parties. 7. REPORTING. Electronic laboratory data reports will be completed for all compounds and sites included under each Annual Operating Plan. The laboratory data reports will be shared with the Parties. All data generated under this Agreement that have passed QA/QC shall be processed by Northern Water and housed in the Compounds of Emerging Concern Access Database maintained by Northern Water. All Parties under this agreement have access to data generated by the Program through the Compounds of Emerging Concern SharePoint site. Data shared with the public must be approved by all Parties. 8. PROVISIONAL DATA. Data that have not passed a QA/QC review shall be considered provisional. To the extent permitted by law, only data developed under this Agreement that have passed a QA/QC review will be made available to the public. Parties may choose to provide provisional data generated under this Agreement directly to a Party’s consultant(s) or third-party contractor(s) of a federal agency for a Party’s purposes; providing data in this manner are not considered dissemination to the public under this Agreement. Nothing herein shall affect the obligations of a Party to make disclosures to the extent required by law or court order, including, but not limited to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq., and other Colorado and federal statutes, court rules, and administrative rules and regulations. 9. MEETINGS. The Parties will meet at least quarterly at an agreed upon time and place. Each Party will designate at least one representative who will attend the meetings, either in person or by teleconference when available. Should the representative(s) be changed, a Party shall provide fourteen (14) days written notice of the change to the other parties. Party representatives will, when possible, be staff members and not members of the governing body of a Party. Persons associated with the Parties other than the representative may attend the meetings upon invitation by the appropriate Party. 10. COSTS. In even numbered years, the Party or Parties responsible for each study site, as set forth in the Annual Operating Plan for each Operating Year, shall be responsible for all associated costs. Annual costs for each Party will be specified in Annual Operating Plan. In odd numbered years, the costs of projects in the Annual Operating Plan will be divided among the Parties as agreed upon in the Annual Operating Plan. Invoices will be generated by Northern Water annually before September 30th. Payment is to be received no later than October 31st. Page 64 Page 4 of 15 11. ADDITIONAL PARTIES. The Parties anticipate that additional entities may desire to participate in the Program. Such entities may participate by amending this Agreement to add such entities as a Party at the beginning of an annual operating year. 12. TERM, WITHDRAWAL, AND TERMINATION. This Agreement will be in effect on the last date it is signed by the Parties and shall be perpetual until: (1) Northern Water withdraws; 2) all but one of the Parties withdraws; or (3) the Parties otherwise agree in writing to terminate this Agreement. Any Party may withdraw from this Agreement by providing written notice to the other Parties within fourteen (14) days after the first quarterly meeting in any Operating Year. Any Party may also withdraw from this Agreement for failure to appropriate funds pursuant to Paragraph 4. Withdrawal from this Agreement shall not relieve the withdrawing Party from any obligations resulting from the Party’s previous participation, including responsibilities for costs, and shall not waive the withdrawing Party’s right to the receipt of data and reports resulting from the Party’s previous participation. This Agreement may be renewed in 10 years by mutual written agreement of the parties hereto. 13. REMEDIES. If a Party fails to comply with the provisions of this Agreement, the other Parties, after providing written notice to the noncomplying Party, and upon the failure of the noncomplying Party to achieve compliance within sixty (60) days, may seek to recover any costs for which the noncomplying Party is responsible and specific performance. 14. FISCAL CONTINGENCY. Notwithstanding any other provision of this Agreement to the contrary, the obligations of the Parties in fiscal years following the fiscal year in which this Agreement is signed by the Parties shall be subject to appropriation of funds sufficient and intended therefore, with each Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement. Should any Party fail to appropriate such funds as detailed within the Annual Operating Plan, said Party will withdraw from the Agreement upon ninety (90) days’ written notice of the failure to appropriate such funds, unless sufficient funds are thereafter appropriated prior to the termination of this Agreement. 15. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. 16. NOTICES. All notices will be given to the following listed below. Each Party may change its address or contact information for notices under this Agreement upon fourteen (14) days written notice to the other Parties. To Northern Water: Brad Wind General Manager 220 Water Ave Berthoud, CO 80513 With copy to: Curtis Hartenstine Water Quality Department Manager 220 Water Ave Berthoud, CO 80513 Page 65 Page 5 of 15 Jen Stephenson Water Quality Monitoring and Compliance Coordinator 220 Water Ave Berthoud, CO 80513 To Boulder: City Manager 1777 Broadway Boulder, Colorado 80302 With copy to: Boulder City Attorney 1777 Broadway Boulder, Colorado 80302 Michelle Wind and Kate Dunlap 5605 N. 63rd St. Boulder, Colorado 80301 windm@bouldercolorado.gov dunlapk@bouldercolorado.gov Broomfield: Water Resources Manager One DesCombes Drive Broomfield, CO 80020 Emessner@broomfield.org With copy to: One DesCombes Drive Broomfield, CO 80020 citycountyattorney@broomfield.org To Fort Collins: City Manager City Hall West 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com and to Staff: Fort Collins Utilities Attn: Watershed Program Manager 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522-0580 rthorp@fcgov.com Page 66 Page 6 of 15 To Greeley: City Manager 1000 10th Street Greeley, Colorado 80631 With copy to: Greeley City Attorney’s Office Attn: Environmental and Water Resources 1100 10th Street, Suite 401 Greeley, Colorado 80631 CityAttorney@greeleygov.com Greeley Water and Sewer Department Attn: Water Quality Program Manager 1001 11th Avenue, Second Floor Greeley, Colorado 80631 Lauren.Worley@greeleygov.com Greeley Water and Sewer Department Attn: Deputy Director of Operations and Maintenance 1001 11th Avenue, Second Floor Greeley, Colorado 80631 Nina.Cudahy@Greeleygov.com To Longmont: Roberto Luna, Water Quality Laboratory Supervisor Drew Albright, Water Quality Analyst 501 East 1st Ave Longmont, CO 80501 With copy to: Longmont City Attorney’s Office 350 Kimbark Longmont, CO 80501 To Loveland: Joe Bernosky, W&P Director 200 N Wilson Ave Loveland, CO 80537 With copy to: Ruth Hecker, Water Quality Supervisor 200 N Wilson Ave Loveland, CO 80537 Roger Berg, Water Utilities Manager 200 N Wilson Ave Loveland, CO 80537 Page 67 Page 7 of 15 To Estes Park : Town Administrator Town Hall 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 With copy to: 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 Dkramer@estes.org Estes Park Utilities-Water Division Water Quality Supervisor PO Box 1200 Estes Park, CO 80517 Dcallahan@estes.org 17. ASSIGNMENT. No assignment of this Agreement shall be made by any Party without written approval by the remaining Party or Parties. 18. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as it was intended by the Parties. Captions and headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. The invalidity or unenforceability of any provision of the Agreement shall not affect any other provision of this Agreement, which shall thereafter be construed in all respects as if the invalid or unenforceable provision were omitted. 19. ENTIRE AGREEMENT. This Agreement and Annual Operating Plan constitutes the entire agreement of the Parties regarding the matters addressed herein. 20. REPRESENTATION. Each Party represents to the other Parties that it has the power and authority to enter into this Agreement and the individuals signing below on behalf of each party have the authority to execute this Agreement on its behalf and legally bind that Party. 21. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Exclusive jurisdiction for any action to interpret or enforce this Agreement shall be in the Boulder County District Court. 22. GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall constitute a waiver, in whole or in part, of the governmental immunities, rights, or protections provided to the Parties by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 to -120, or any similar or successor statutes of the State of Colorado. Remainder of Page Left Blank Intentionally] Page 68 Page 8 of 15 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal entity and political subdivision of the State of Colorado By: Date: General Manager Page 69 Page 9 of 15 CITY OF BOULDER, a municipal corporation By: Date: City Manager ATTEST: By:_____________________________________ City Clerk APPROVED AS TO FORM: By:____________________________________ City Attorney’s Office Page 70 Page 10 of 15 CITY OF AND COUNTY OF BROOMFIELD, a municipal corporation and county of the State of Colorado By: ____________________________________ Date: __________ Mayor ATTEST: By: City and County Clerk APPROVED AS TO FORM: By: City & County Attorney Page 71 Page 11 of 15 CITY OF FORT COLLINS, a municipal corporation By: Date: Darin A. Atteberry, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney’s Office Page 72 Page 12 of 15 CITY OF GREELEY, a municipal corporation By: Date: City Manager ATTEST: By:_____________________________________ City Clerk APPROVED AS TO FORM: By:____________________________________ City Attorney’s Office Page 73 Page 13 of 15 CITY OF LONGMONT, a Municipal Corporation MAYOR ATTEST: CITY CLERK DATE State of Colorado ) ss: County of Boulder ) I attest that the foregoing instrument was acknowledged before me this day of 2020, by as the Mayor of the City of Longmont. Witness my hand and official seal. City Clerk, Notary Public My commission expires . APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE PROOFREAD DATE APPROVED AS TO FORM AND SUBSTANCE: DEPUTY CITY MANAGER DATE APPROVED AS TO INSURANCE PROVISIONS: RISK MANAGER DATE Page 74 Page 14 of 15 CITY OF LOVELAND, a municipal corporation By: Date: City Manager ATTEST: By:_____________________________________ City Clerk APPROVED AS TO FORM: By:____________________________________ City Attorney’s Office Page 75 TOWN OF ESTES PARK, a municipal corporation By: Date: Mayor ATTEST: By: Town Clerk APPROVED AS TO FORM: By: Town Attorney Page 15 of 15 Page 76 Page 1 of 10 AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING REGARDING WATER QUALITY MONITORING IN NORTHERN COLORADO Compounds of Emerging Concern Monitoring Program) GENERAL This Amendment No. 1 amends the Memorandum of Understanding Regarding Water Quality Monitoring in Northern Colorado (Compounds of Emerging Concern Monitoring Program) dated____________________ (the "CEC MOU") between the following Parties, which are listed in no particular order: Northern Colorado Water Conservancy District, a quasi-municipal entity and political subdivision of the State of Colorado (“Northern Water”); City of Boulder, a municipal corporation (“Boulder”); City and County of Broomfield, a municipal corporation and county of the State of Colorado (“Broomfield”); City of Fort Collins, a municipal corporation (“Fort Collins”); City of Greeley, a municipal corporation (“Greeley”); City of Longmont, a municipal corporation (“Longmont”); City of Loveland, a municipal corporation (“Loveland”); and Town of Estes Park, a municipal corporation (“Estes Park”). All provisions of the CEC MOU not specifically modified in this Amendment No. 1 shall remain in full force and effect in accordance with their terms. DESCRIPTION OF CHANGES The CEC MOU is modified as described below. I. CEC MOU, Paragraph 10. COSTS. This paragraph is revoked and modified in its entirety to read as follows: 10. COSTS. Annual costs for each Party will be budgeted in the Annual Operating Plan. In even numbered years, the Party or Parties responsible for each study site, as set forth in the Annual Operating Plan for each Operating Year, shall be responsible for all costs associated with their respective study site. In odd numbered years, the costs of projects in the Annual Operating Plan will be divided among the Parties as agreed upon in the Annual Operating Plan. In both even and odd years, invoices will be generated in arrears by Northern Water before September 30th. Invoices will include all actual costs incurred by Northern Water throughout the Operating Year. Payment is to be received by Northern Water no later than October 31st. ATTACHMENT 3 Page 77 Page 2 of 10 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the following pages. Remainder of Page Left Blank Intentionally] Page 78 Page 3 of 10 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal entity and political subdivision of the State of Colorado By: Date: General Manager Page 79 Page 4 of 10 CITY OF BOULDER, a municipal corporation By: Date: City Manager ATTEST: By:_____________________________________ City Clerk APPROVED AS TO FORM: By:____________________________________ City Attorney’s Office Page 80 Page 5 of 10 CITY OF AND COUNTY OF BROOMFIELD, a municipal corporation and county of the State of Colorado By: ____________________________________ Date: Mayor ATTEST: By: City and County Clerk APPROVED AS TO FORM: By: City & County Attorney Page 81 Page 6 of 10 CITY OF FORT COLLINS, a municipal corporation By: Date: Darin A. Atteberry, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney’s Office Page 82 Page 7 of 10 CITY OF GREELEY, a municipal corporation By: Date: City Manager ATTEST: By:_____________________________________ City Clerk APPROVED AS TO FORM: By:____________________________________ City Attorney’s Office Page 83 Page 8 of 10 CITY OF LONGMONT a Municipal Corporation MAYOR ATTEST: CITY CLERK DATE State of Colorado ) ss: County of Boulder ) I attest that the foregoing instrument was acknowledged before me this day of 2020, by as the Mayor of the City of Longmont. Witness my hand and official seal. City Clerk, Notary Public My commission expires . . APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE PROOFREAD DATE APPROVED AS TO FORM AND SUBSTANCE: DEPUTY CITY MANAGER DATE APPROVED AS TO INSURANCE PROVISIONS: RISK MANAGER DATE Page 84 CITY OF LOVELAND, a municipal corporation By: _____________ _ City Manager ATTEST: By: ______________ City Clerk APPROVED AS TO FORM: By: ______________ _ City Attorney'sOffice Page 9 of 10 Date: __________ _ Page 85 TOWN OF ESTES PARK, a municipal corporation By: Date: Mayor ATTEST: By: Town Clerk APPROVED AS TO FORM: By: Town Attorney Page 10 of 10 Page 86 OUR PARTNERS YEARLY SUMMARY: northernwater.org/CEC WHAT WE DO Colorado is a headwater state with minimally impacted watersheds. LET’S KEEP IT THAT WAY NORTHERNCOLORADO COMPOUNDS OF EMERGING CONCERN PROGRAM OBJECTIVE Work collaboratively to monitor untreated drinking water supplies in Northern Colorado. ASSESS impacts from adverse events such as floods and wildfires Develop source water protection measures to maintain a HIGH-QUALITY WATER SUPPLY MONITOR current conditions, trends, and changes in water quality MEDICATIONS PERSONAL CARE PRODUCTS HORMONES PESTICIDES WHAT WE MONITOR WASTEWATER RUNOFF FROM LAWNS AGRICULTURAL RUNOFF RECREATION FLUSHING MEDICATION INDUSTRIAL WASTE WHERE WE MONITOR OUR FINDINGS We have detected only 55 compounds out of a list of 212 since monitoring began in 2008. We monitor at very low levels measured in nanograms per liter (ng/L). 1 ng/L 1 penny in 10 million= WHAT DOES THIS MEAN?WHY IS IT IMPORTANT?WHAT ARE WE DOING? Monitoring helps us PROTECT our shared water supply We have GREAT source water! Concentrations for the few compounds we do see are EXTREMELY LOW We are collecting IMPORTANT data to support and prepare for future regulations MONITORING compounds that are not regulated Serving as GOOD STEWARDS of our water resources. Leading the way to MAINTAIN high quality source water PROPERLY DISPOSE OF HOUSEHOLD HAZARDOUS WASTE OPT FOR MORE NATURAL PERSONAL CARE PRODUCT INGREDIENTS WHEN POSSIBLE PROPERLY DISPOSE OF PET WASTE MINIMIZE HERBICIDE AND PESTICIDE USE DON'T FLUSH UNUSED MEDICATIONS CONTAMINANT SOURCES Taking proactive steps to monitor our source water helps keep it CLEAN and SAFE Our lakes and rivers serve as someone’s drinking water supply. We are ALL DOWNSTREAM OF ONE ANOTHER Protecting drinking water sources for FUTURE generations STEPS YOU CAN TAKE You can MAKE A DIFFERENCE and help keep our water clean ATTACHMENT 4 Page 87 2021 Compounds of Emerging Concern Annual Operating Plan Page 1 COMPOUNDS OF EMERGING CONCERN ANNUAL OPERATING PLAN Water Year 2021 The Northern Colorado Compounds of Emerging Concern Program (CEC Program) is a collaborative monitoring effort designed to take a cost-effective and proactive approach to determine if pharmaceuticals, personal care products, hormones, and pesticides are present in the Colorado Big-Thompson (C-BT) and Windy Gap projects and other source waters of interest associated with drinking water supplies in Northern Colorado. The collaborative partners are the cities of Boulder, Broomfield, Fort Collins, Greeley, Longmont, and Loveland, and the Town of Estes Park and Northern Water. The objectives of this program are to: •Maintain a baseline of data that monitors current conditions and changes in water quality •Assess impacts from adverse events such as floods and wildfires •Collect data to support the assessment of regulatory issues •Develop source water protection measures to maintain a high-quality water supply •Maintain a robust and evolving list of compounds Sampling for the CEC Program is conducted bi-annually. In years where monitoring does not occur, the focus is on program development, special studies, and/or other activities that inform the partners. Water year 2019 was the first special study year, followed by 2021, etc. Prior to the special study years, the partners evaluate and agree on studies and/or initiatives to inform and grow the program. Funding The CEC Program was launched as a collaborative effort in 2008. The program is managed by Northern Water and co-funded by Boulder, Broomfield, Estes Park, Fort Collins, Greeley, Longmont, Loveland, and Northern Water. During monitoring years, funding is determined by who has an interest in each monitoring site and costs are shared accordingly. During special study years, funding is determined based on the percentage of each partner’s contribution during monitoring years for monitoring locations where there are multiple funders. Partner percentages and contributions are shown in Table 1Table 1. The total amount spent in a special study year is not to exceed what would be spent in a monitoring year, shown in Table 1, unless the exceedance is approved by all partners. This keeps the annual budget consistent from year to year. ATTACHMENT 5 Page 88 2021 Compounds of Emerging Concern Annual Operating Plan Page 2 Table 1 – Annual Partner Contributions CEC Partner Contribution % Contribution Amount Boulder 12% $ 7,810 Broomfield 6% $ 3,994 Estes Park 3% $ 2,219 Fort Collins 20% $ 12,573 Greeley 22% $ 13,798 Longmont 7% $ 4,810 Loveland 7% $ 4,331 Northern Water 23% $ 14,615 Total $ 64,150 Studies for Consideration There are five potential studies that will be considered for 2021: 1. Perfluorinated Compounds (PFAS) – this study may include data collection, method development, and investigating concentrations related to wastewater. 2. Retrospective Analysis on Opioids – Analysis would be done on historic data at select sites to see how the concentrations of opioids have changed over the years. 3. Retrospective Analysis on Fire Related Compounds – Analysis would be done on historic data at select sites to see if these compounds are/have been in the surface water in areas impacted directly or indirectly by wildfires. 4. Taste and Odor Compounds – This study would investigate the possible formation of taste and odor compounds that may result from the mixing of source water. 5. Summary Report – This would include a summary of all the data collected to date. Report format to be determined. Bi-Annual Report For monitoring years, a report is compiled to summarize the data. Data were collected in 2020; the 2020 report will be finalized by the end of the 2021 operating year (September 2021). Supplemental Sampling Sampling is conducted at a few locations where an annual dataset is necessary. Boulder Feeder Canal Northern Water maintains the East Slope C-BT canal systems, which includes control of nuisance and invasive weed species. The Boulder Feeder Canal (BFC), which runs south to Boulder Reservoir, is an earthen lined canal that is prone to excessive weed growth. Herbicides are applied to BFC in the fall, after the canal is shut down for the season. Prior to April 2020, the City of Boulder’s Boulder Reservoir Water Treatment Facility (BRWTF) used BFC and Boulder Reservoir as primary drinking water sources. Since April 2020, the City of Boulder now treats Page 89 2021 Compounds of Emerging Concern Annual Operating Plan Page 3 Carter Lake water directly via the Southern Water Supply Pipeline II, but BFC and Boulder Reservoir continue to serve as backup sources for the city. Therefore, monitoring concentrations of compounds related to Northern Water’s herbicide applications in BFC is important. Additional samples are collected on BFC, at the Star Turnout, approximately 0.8 miles upstream of Boulder Reservoir (BFC-STAR). This site is the point where Northern Water’s herbicide applications end; herbicides are not applied to the 0.8-mile section of canal between the Star Turnout and the Boulder Reservoir. Table 2 - Boulder Feeder Canal Sampling Site Station Description Latitude Longitude BFC- STAR Boulder Feeder Canal at Star Turnout on Monarch Road 40.0947 -105.2209 Samples collected at BFC-STAR assess the impact of Northern Water’s herbicide applications. A minimum of three additional samples are collected in late March/early April to look at concentrations of imazamox, fluridone, topramezone and penoxsulam which are active ingredients in herbicide products used by Northern. The sampling schedule is: 1. A sample of the water that has pooled over the winter before any C-BT water is released for the season; 2. A sample collected of the first water released into the canal for delivery to Boulder; 3. A sample collected when the canal begins normal operations; 4. Frequent samples are collected through May to track the decrease in concentrations of the detected compounds. Additional samples are collected if the data show concentrations that do not decrease under normal canal operations for any compounds related to that year’s application. This site is sampled and funded by Northern Water in addition to the amount shown in Table 1. City of Loveland Treatment Plants The City of Loveland (COL) plans for the sampling and analysis of six additional sites in 2021. This 2021 plan includes sampling locations at the COL Water Treatment Plant and Water Reclamation Facility. Page 90 A Targeted Study of Smoke-Related Wildfire Compounds 2021 - CEC Program Special Study Proposal Background Wildfires have been increasing in frequency and severity in Colorado, with 2020 shaping up to be the most active fire season in recorded state history. Several fires in 2020 have directly impacted the Colorado -Big Thompson water delivery system and source waters for water providers participating in this CEC Collaborative (see Figure 1). This special study is designed to: Fund methods development for Mike and Imma’s lab to lower the detection limit for 5 wildfire compounds. As of June 2020, these compounds are part of the standard CEC analysis program. Fort Collins will provide additional samples from PR-NFU, collected during post-storm runoff from the Cameron Peak Fire to assist in methods development. Determine concentrations and gradients for the five wildfire compounds in key C-BT flowing and reservoir sites. Assess concentrations at Fort Collins and Greeley’s raw water intakes and removal effectiveness through water treatment. These data will directly benefit partners in the CEC collaborative as well as other water providers in the state to generally u nderstand the degree to which these wildfire compounds are removed via conventional water treatment. Figure 1. Colorado-Big Thompson System reservoirs highlighted in comparison to key fires in the area. The Cameron Peak fire also burned over the Hanson Feeder Canal, which flows into Horsetooth Reservoir . Burn perimeters as of 10/ 25/2020. Sampling Plan Sampling sites, dates, and costs are described in the accompanying Excel spreadsheet. The plan proposes sampling at 11 sites primarily during spring and summer 2021 to capture runoff and post -fire rain events. Based on 2021 results, Greeley and Fort Collins may wish to continue targeted sampling and monitoring for wildfire compounds at their raw and finished water sites, however, aft er 2021 those utilities will be responsible for costs incurred by those samples. 2022 will be a standard sampling year, though the wildfire compounds will be a part of the standard analytes included in the CEC program. ATTACHMENT 6 Page 91       Page 92 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From:Jackie Williamson, Town Clerk Date:March 9, 2021 RE:Local Marketing District Board Appointment of Suzanne Blackhurst to complete a term expiring December 31, 2022. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointment recommended by the interview committee for the Local Marketing District Board. Present Situation: The Town Clerk’s Office advertised for a position on the Board to complete the term of Tonya Humiston expiring December 31, 2022. Two applications were received and the interview committee consisting of Trustees Cenac and Webermeier conducted interviews on March 4, 2021. Proposal: The interview committee recommends the appointment of Suzanne Blackhurst to complete the term vacated by Tonya Humiston expiring December 31, 2022. Suzanne Blackhurst has lived in Estes Park over fourteen years and previously worked at Visit Estes Park from 2010 acting as interim CEO prior to her retirement. Additionally, Suzanne has been and continues to be active in the community serving with multiple community organizations including the Estes Park Newcomers Club, Estes Park Medical Center Foundation and Sunrise Rotary Club of Estes Park. Advantages: Filling the position would complete the seven-member board. Disadvantages: If the appointment is not made, the position would remain vacant until the position could be re-advertised and interviews conducted. Page 93 Action Recommended: Appoint Suzanne Blackhurst to the Local Marketing District to complete a term expiring December 31, 2022. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Suzanne Blackhurst to the Local Marketing District to complete a term expiring December 31, 2022. Attachments: None. Page 94 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: March 9, 2021 RE: Continuance Request, Resolution No. 17-21 Special Review, Stealth Wireless Communication Facility, 1575 S. Saint Vrain Avenue, Verizon Wireless, Applicant, Powder River Development Services, LLC, Applicant’s Representative, Mountain View Bible Fellowship, Property Owner On February 23, 2021 the Estes Park Board of Trustees opened a hearing to review and consider action on the special review application for a wireless communication facility (WCF). At that time, the Town Board voted against a motion to approve the WCF. It was then determined that it was necessary for the Town Board to take further action to finalize and close the hearing on this application, which resulted in their continuing it to March 9, 2021. The Town Board requested a new public notice be published and mailed. The Estes Park Development Code requires a public notice to be published and mailed a minimum of at least 15 days before the scheduled public hearing. In order to meet this requirement, staff requests the application be continued from the March 9, 2021 to the March 23, 2021 Town Board meeting. Page 95 Town Clerk <townclerk@estes.org> Fwd: cell towers 1 message Travis Machalek <tmachalek@estes.org>Mon, Mar 8, 2021 at 1:58 PM To: Trustees <trustees@estes.org> Cc: Town Clerk <TownClerk@estes.org> Good afternoon everyone, Mr. Knipping asked that I pass his comment below on to the Board. Best, TM Travis Machalek Town Administrator Town of Estes Park, CO 970-577-3705 ---------- Forwarded message --------- From: Dennis Knipping <knippingdj@gmail.com> Date: Sat, Mar 6, 2021 at 11:05 AM Subject: cell towers To: <tmachalek@estes.org> Dear Sir, I read in the Trail Gazette that Verizon requested an additional cell tower to be installed in town and that it was voted down by the town board. This is a huge mistake! With the dry conditions causing fire worries again this year and with people returning to the park, we need at least one more cell tower. My wife and I care for her 99 year old mother. If we needed 911 service during the summer, it is impossible to get a signal through. I have contacted Verizon and they could care less. During the summer months when the tourists are all about and the population becomes ridiculous, cell phone reception is non-existent. Starting at 3 pm and running for several hours during the summer, we can't even get onto Moraine Avenue from our subdivision let alone get a cell phone signal. Please submit this to the board. Thank you, Dennis Knipping 694 Moreau Ln Estes Park Public Comment received 03-08-2021 Page 96 Town Clerk <townclerk@estes.org> Fwd: Verizon tower South Saint Vrain Avenue Kate Rusch <krusch@estes.org>Tue, Mar 9, 2021 at 4:24 PM To: Town Clerk <TownClerk@estes.org> This is probably something you should have as comment... Kate Rusch Public Information Officer Town of Estes Park 970-577-3701 ---------- Forwarded message --------- From: Glenn Darrow <glenn.resco@gmail.com> Date: Tue, Mar 9, 2021 at 2:23 PM Subject: Verizon tower South Saint Vrain Avenue To: <krusch@estes.org> To whom it may concern. My family has two properties south of the proposed Verizon Tower. One in High Acres and another in Arapahoe. Our service is challenging at least. We enjoy our time spent there (for the last 60 + years), and we do business while there. I’m in the KC area and have tower that is likened too the proposed (Pine Tree) close to our residence. I’d be more than happy sharing a photo, it’s very discreet. Please let me know if I can share and forward this to the appropriate agency. Thank you. Glenn Darrow Sent from my iPhone PUBLIC COMMENT RECEIVED 2021-03-09 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: March 9, 2021 RE: Resolution 23-21 Approving Bylaws for the Estes Park Comprehensive Plan Advisory Committee (CompPAC) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Bylaws QUASI-JUDICIAL YES NO Objective: Consideration of bylaws for the Estes Park Comprehensive Plan Advisory Committee (CompPAC). Present Situation: The CompPAC is a newly authorized (as of Feb. 23 Town Board approval) advisory committee, created to guide and shape the new Comprehensive Plan. Following authorization, the next step is Town Board approval of bylaws for the CompPAC. Proposal: The bylaws follow the Town’s standard template for advisory committee bylaws in most respects. Traditional bylaws matters such as terms in office, election of officers, quorum, and how to fill vacancies are included. Because the Comprehensive Plan itself is to be a unique document that involves the widest possible involvement of community stakeholders, the Membership section (III.A) is unusually detailed for bylaws, and goes to some length to reflect the aspirational goals of the Comprehensive Plan process. The list speaks for itself in terms of diversity, equity, and inclusion. Please note that the last three stakeholder categories are specifically aimed at helping to ensure County representation. As noted in the bylaws text, the stakeholder categories can be represented by one individual who fits more than one category – e.g., a person under age 25 who is associated with a business. Page 98 The list is not meant to require that the CompPAC must have someone from each stakeholder category, although that would be desirable. In the end, the Town Board can only appoint from the pool of those who apply. As noted, the remainder of the bylaws are pretty ordinary. Following bylaws, near-future steps will be to prepare application materials for prospective members, appoint a Town Board interview committee for evaluating and recommending members, and Town Board appointment of the CompPAC. Advantages: •The bylaws will allow orderly and explainable processes and outcomes for the CompPAC’s work. •The Membership list is intended to set the stage for the widest possible stakeholder input into the Comprehensive Plan. Disadvantages: •Bylaws can occasionally burden the work of any given group, if not followed or if open to varying interpretations. •Some of the membership categories may be difficult to find represented in the pool of applicants. (This may better be defined as a challenge, not a disadvantage.) Action Recommended: Staff recommends adoption of Resolution 23-21. Budget: Staff anticipates few direct expenses as a result of the committee. Level of Public Interest: It is anticipated there will be a fairly high level of public interest. Sample Motions: I move that the Town Board of Trustees approve/deny Resolution 23-21. I move to continue Resolution 23-21 to the next regularly scheduled meeting. [State reasons for continuance] Attachment: 1. Resolution 23-21 2.Comprehensive Plan Advisory Committee Bylaws 3. Stakeholders - From the DOLA Grant Application and RFP Page 99 RESOLUTION 23-21 A RESOLUTION APPROVING THE ESTES PARK COMPREHENSIVE PLAN ADVISORY COMMITTEE BYLAWS WHEREAS, the Town is currently in the process of forming and appointing a new Comprehensive Plan Advisory Committee (CompPAC); and WHEREAS, it is necessary and appropriate for Town of Estes Park Boards and Commissions to have an approved set of bylaws for conduct of business; and WHEREAS, Town Board approval of a standardized set of bylaws in accordance with Town Governance Policy 102 will meet the goal of an orderly meeting process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Estes Park Comprehensive Plan Advisory Committee Bylaws now before the Board are hereby approved. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 100 Comprehensive Plan Advisory Committee BYLAWS I. ROLE The mission and role of the Comprehensive Plan Advisory Committee (“CompPAC”) are fourfold: 1.Serve as advisors in support of drafting a Comprehensive Plan, by giving overall guidance to the process and ensuring ample public participation and specialized input in the development of the Plan. 2.Consider issues, review data, consider alternatives, discuss ideas, refine vision and values, advise staff, Planning Commission, and elected officials, and make recommendations to those entities and the community regarding goals, policies and strategies being developed for the Plan. 3.Be a link to the community at large by sharing the planning process with acquaintances, colleagues, and communities of interest in the spirit of information sharing and outreach to different segments of the community, without biases and prejudices to the outcomes. 4.During the Comprehensive Planning process, the CompPAC should strive to maintain compliance with applicable standards and requirements from the Colorado Department of Local Affairs, per the grant award contract, and with applicable state and local regulatory requirements for advisory committees. In addition to these bylaws, the CompPAC operates under the terms of Town Policy 102.The Policy’s terms are incorporated into these bylaws by this reference. A copy of that procedure, along with these bylaws, shall be provided to each member at the time of their appointment. II. MEETINGS A.Regular Meetings shall be held at least twice per calendar month. Regular meetings shall occur at regular times set by the CompPAC. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B.Special Meetings may be held at any time upon call by the Chair or Community Development Director. The Chair shall call a special meeting upon request by the Town Board or Town Administrator. Notice of at least three (3) calendar days shall be given to each member of the CompPAC. The time, place, and purpose of the special meeting shall be specified in the notice to the committee members. Public notice of the meeting shall be given in accordance with Colorado Revised Statutes Sec. 24-6-402(2)(c). C.Cancellation of Meetings. Regularly scheduled meetings of the CompPAC may be canceled or rescheduled upon determination by the Chair. ATTACHMENT 2 Page 101 D.Meeting Procedures. The Chair shall preside in accordance with generally accepted norms for the conduct of parliamentary procedure. The CompPAC may overturn a parliamentary determination of the Chair by majority vote. Robert’s Rules of Order may be considered as a parliamentary guide. E.Open Meetings. All meetings and action of the CompPAC shall be in full compliance with state statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Community Development Director to be familiar with these statutes and regulations. F.Attendance by Non-members. Meetings may be attended by persons who are not members of the CompPAC. At the discretion of the Chair, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A.Membership. The CompPAC voting membership shall consist of eleven (11) individuals, plus an indefinite number of non-voting stakeholders at the Town Board’s discretion. Appointments of voting members and non-voting stakeholders shall be made by the Town Board in accordance with Policy 102. The following membership parameters are aspirational, and reflect the need to provide for a diverse and widely inclusive array of stakeholders among the CompPAC’s members. Representative voting membership on the CompPAC may include, but will not be limited to, the following: •Member(s) of the Estes Park Planning Commission •Resident(s) of the Town of Estes Park •Business owner(s), operator(s), or employee(s) of enterprises that primarily serve visitors •Business owner(s), operator(s), or employee(s) of enterprises that do not necessarily primarily serve visitors •Property owner(s) in the Town of Estes Park, not necessarily full-year residents •Member(s) or representative(s) of the community for whom English is not a first language •Member(s) or representative(s) of stakeholders age 25 or younger •Member(s) or representative(s) reflecting one or more of the “Colorado For All” diversity, equity, and inclusion demographics, including: gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identity, citizenship status, education, disability, and/or socio-economic status •Resident(s) of the Estes Valley Planning Area not inside the Town of Estes Park •Business owner(s), operator(s), or employee(s) of enterprise(s) located in the Estes Valley Planning Area outside the Town of Estes Park •Member(s) of the [Larimer County] Estes Valley Planning Advisory Committee Page 102 It is intended that a single individual may effectively represent more than one of the categories above; for example, an individual under age 25 may also be an employee or operator of a business. It is not intended that every CompPAC voting member must fit into one or more of the above stakeholder categories, as the Town Board must select from those submitting applications. It is desirable that most or all of the above stakeholder categories be represented by CompPAC voting membership. Non-voting stakeholders may be appointed at the discretion of the Town Board and do not necessarily need to be drawn from the applicant pool. B.Terms. Members shall be appointed for the life of the CompPAC. The Committee shall dissolve upon adoption by the Town Board of a new comprehensive plan for the Town. C.Vacancies shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D.Recommendations for Appointment. Upon request by the Town Board, the CompPAC shall make recommendations to the Town Board for vacancy appointments. E.Non-voting Stakeholders. 1.Non-voting stakeholders shall receive copies of all notices, documents, and records of proceedings of the CompPAC, and may speak and participate in meetings as CompPAC members. 2.Non-voting stakeholders shall not be entitled to vote on motions before the CompPAC. F.Quorum. A quorum of the CompPAC shall consist of a majority of appointed voting members. H.Action by the CompPAC shall be by majority vote of the members attending any regular or special meeting at which a quorum is present. A tie vote shall constitute failure of the motion on the floor. IV. OFFICERS A.Officers. CompPAC Officers shall consist of a Chair and a Vice-Chair. B.Elections. Officers shall be elected by the members annually, at the first regularly scheduled meeting of each year. Officers shall be members of the CompPAC. Notification of who is elected Chair will be sent to the Town Clerk. C.Chair responsibilities: Page 103 1.Preside at all meetings 2.Ensure that all meetings are conducted with decorum and efficiency 3.Call special meetings in accordance with the bylaws 4.Sign any documents prepared by the CompPAC for submission to the Town Board or Town departments 5.Represent the CompPAC in dealings with the Town Board or other organizations. 6. The Chair has the same right as any other member of the CompPAC to vote on matters before the CompPAC, to move or second a motion, and to speak for or against proposals. D.Vice-Chair Responsibilities: 1.Assist the Chair as requested 2.Accept and undertake duties delegated by the Chair 3.Preside over meetings or perform other duties of the Chair in the event the Chair is absent or unable to act. E.Officer Vacancies. If any office is vacant, the members of the CompPAC shall elect a member to fill the office for the remainder of the year. G.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting, the CompPAC may elect a voting member to serve as Chair for the duration of that meeting. V.ATTENDANCE A.Regular attendance by the members of the CompPAC is expected. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the CompPAC may report such absenteeism to the Town Board. VI. GENERAL PROVISIONS A.Amendments to these bylaws may be proposed at any regular or special meeting of the CompPAC by a majority of the voting membership of the CompPAC provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken. Any amendments shall be subject to review by the Town Board. VII. COMPLIANCE WITH TOWN POLICIES A.The CompPAC shall operate in compliance with the adopted Town Policy 102 as amended. The terms of this policy are incorporated in these bylaws by this reference and are attached herewith. Page 104 B.Volunteer members of the CompPAC will act in accordance to the adopted Town Volunteer Manual. VIII.CONFLICT OF INTEREST: A.A conflict of interest occurs when a person’s private, personal relationships or interests diverge so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. B.Members of committees shall not use their membership for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C.A member of any committee who has a personal or private financial interest in a matter proposed or pending shall disclose such interest to the committee; shall not vote on the item; and shall not attempt to influence the decisions of other members voting on the matter. D.All members of the committee are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41). At the time of introduction of an individual item on the committee agenda in which the member has a conflict of interest, the member shall state that he or she has a conflict of interest and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the committee at any time with regard to said matter. Adopted this ___day of 2021. ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor Page 105 From the DOLA Grant Application (FY 2021 October 1 EIAF Tier I/Tier II Grant Application), submitted 09-30-2020; grant award accepted by the Town Feb. 9, 2021: [p. 5] Comp Plan process [will include] a variety of outreach methods to obtain quality input from a diverse cross section of the community. This will include visitors, service industry employees, English as a second language community & second homeowners… [p. 6] …visitors drive our streets, consume our water & power & generate waste; & they are stakeholders too. Failure to plan for their needs compromises our community well-being & quality of life. This project is key to planning for all people who value Estes Park, for a day or a life. From the REQUEST FOR PROPOSALS, Estes Park Comprehensive Plan (February 11, 2021): [p. 2] Larimer County aims to join with the Town of Estes Park… to involve and include County residents and stakeholders in the planning effort. [p. 8] An Advisory Committee of approx. 9 to 11 stakeholders and/or officials is expected to be formed for the Plan. While staff will handle day-to-day facilitation and interactions with this Committee, periodic updates from the consultants are envisioned… [p. 11] List of stakeholders from the 2018 pre-planning process. •Residents, year-round, seasonal, part time •Employers/Employees, year-round, seasonal •Non-Profits and Volunteers •Taxing Districts •Visitors, seasonal visitors, weekend and day trip visitors •Schools, Youth •Business and Community Associations •Hispanic / ESL Community •Property Owners, including out of town owners ATTACHMENT 3 Page 106 3.8.21 To: Town of Estes Park Trustees From: Rex Poggenpohl, American Planning Association 1440 Prospect Mtn Rd Estes Park, CO. 80517 Re: Comprehensive Plan Advisory Committee By-Laws Membership By- Laws of any formal government citizens Committee should be made in consideration of officially appointed liaisons to the Committee representing related government entities. Such as liaison appointees from the Trustees to other Town Boards or advisory groups should not be voting members of such, liaison appointees to the Estes Park Comprehensive Plan Advisory Committee should not be voting members of the Committee. -By State Statute the Estes Park Planning Commission is responsible for “making and adopting the Comprehensive Plan” and thus Planning Commissioners will have an ultimate vote in overseeing and adopting such Plan. While it is: 1. important to have a Planning Commissioner officially appointed as liaison to the Advisory Committee and having the liaison reporting committee activities back to the Commission, and: 2. possible for any Commissioner to attend a Committee meeting at any time; it is not desirable for a Commissioner to be a voting member of the Committee and taking up a spot on the Committee from a more general property owner or resident. Public Comment Received 2021-03-09 - Similarly, a member of the Estes Valley Planning Advisory Committee to Larimer County should be a liaison appointee to the Estes Park Comprehensive Plan Advisory Committee and not be a voting member of such. TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 9, 2021 RE: Interview Committee for the Comprehensive Plan Advisory Committee (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the positions on the newly formed Comprehensive Plan Advisory Committee. Present Situation: The Committee would consist of eleven volunteer community members. Members shall be appointed to a two (2) year term or until the Committee is dissolved by the Town Board upon completion of the Comprehensive Plan. The Town Clerk’s Office would begin advertising after the approval of the Committee bylaws at the March 9, 2021 meeting. The identified membership parameters outlined by staff in the bylaws would be provided to interested volunteers on the application. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the Committee positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Page 108 Finance/Resource Impact: None. Level of Public Interest Medium. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Comprehensive Plan Advisory Committee interview panel. Attachments: None. Page 109 Utilities Department Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Steven Rusch, Utilities Coordinator Chris Eshelman, Water Superintendent Reuben Bergsten, Utilities Director Date: March 9, 2021 RE: Resolution 24-21 Declaring the Town’s Intent to Acquire and/or Secure Certain Real Property for Improvements to the Town's Water System and Authorizing Negotiations, Purchase, Quiet Title, and the Exercise of the Town's Powers of Eminent Domain in Connection Therewith (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To provide high-quality, reliable water service at a reasonable cost to ~135 homes previously served by the bankrupt Prospect Mountain Water Company by reconstructing that water system to current Town and Fire District standards, including constructing a new storage tank and service road. Present Situation: The former customers and the Bankruptcy Trustee requested the Town voluntarily take ownership of their water system. The Colorado Public Utilities Commission and the Federal Bankruptcy Court gave their approval of the agreement. The Town Board agreed to accept ownership of the PMWC system with the condition that our existing water customers do not subsidize the costly PMWC system improvements. To that end, the Voluntary Transfer Agreement requires the former PMWC customers to fund the reconstruction of that system to bring it up to current Town and Fire District standards. The Water Division works diligently to keep costs down for all our customers. The USDA Rural Development office has proved to be a benevolent financing partner. The USDA’s terms and conditions require us to have all 68 easements secured before advertising for competitive construction bids and selecting a contractor. There are three remaining easements needed for the new water storage tank. Efforts to negotiate with the property owners have been unsuccessful over the last year, although efforts continue. Time is of the essence because the USDA terms require the project to be Updated Memo provided by staff 03-08-2021 Page 110 completed in five years, September of 2023. The project is large ($11M) and expected to take multiple years. The Colorado Department of Public Health and Environment (CDPHE) requires a minimum system pressure of 20 psi under fire flow conditions. The tank's location is limited because a minimum elevation is needed to meet the State's requirement. The recommended tank site meets the elevation requirement and minimizes both costs and view corridor impact. A Conservation Easement (CE) forbids the tank's construction. The CE can only be altered by going through the condemnation process. Staff worked to avoid condemnation and keep the project moving by searching for alternative solutions. We identified three alternatives. Unfortunately, all three options involve condemning a portion of a conservation easement. Proposal: Eminent domain is defined as, "The inherent power of a governmental entity to take privately owned property, esp. land, and convert it to public use, subject to reasonable compensation for the taking." EMINENT DOMAIN, Black's Law Dictionary (11th ed. 2019). Approval of this resolution will speed up possession of the land and allow the Town's contracted attorney to certify we have met the USDA requirement to secure all identified easements. At that point, we'll transition to the project's next step of soliciting construction bids. Utilities staff have consulted thoroughly on this proposal with Town Attorney Dan Kramer and special counsel Greg White and Patrick Wilson. Advantages: •Placement of the new water storage tank in the identified location will o Provide adequate drinking water pressure for residents. o Provide adequate fire protection pressure. o Minimize the viewshed impact. Alternative locations would leave a larger mountainside scar and obstruct view corridors. o Keep project costs reasonable for the current and future residents who will have a 40-year USDA loan repayment. Disadvantages: •The use of eminent domain must be avoided and used after all other viable options have been exhausted, which is the current situation. Action Recommended: Staff recommends Town Board approve the resolution moving forward with eminent domain and the condemnation process to acquire the last few easements necessary to advance the project. Finance/Resource Impact: $11,110,000; The project is loan/grant funded by the USDA. The former PMWC customers will repay the loan and other costs not eligible for USDA reimbursement. Updated Memo provided by staff 03-08-2021 Page 111 Level of Public Interest Low; however, the impacted customers are anxious for construction to begin on a vastly improved water system, including fire protection. Sample Motion: I move for the approval of Resolution 24-21 Attachments: 1. Resolution 24-21 2.Conservation Easement to be Condemned 3. Presentation Updated Memo provided by staff 03-08-2021 Page 112 UTILITIES DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Steven Rusch, Utilities Coordinator Chris Eshelman, Water Superintendent Reuben Bergsten, Utilities Director Date: March 9, 2021 RE: Resolution 24-21 Declaring the Town’s Intent to Acquire and/or Secure Certain Real Property for Improvements to the Town's Water System and Authorizing Negotiations, Purchase, Quiet Title, and the Exercise of the Town's Powers of Eminent Domain in Connection Therewith (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To provide high-quality, reliable water service at a reasonable cost to ~135 homes previously served by the bankrupt Prospect Mountain Water Company by reconstructing that water system to current Town and Fire District standards, including constructing a new storage tank and service road. Present Situation: The former customers and the Bankruptcy Trustee requested the Town voluntarily take ownership of their water system. The Colorado Public Utilities Commission and the Federal Bankruptcy Court gave their approval of the agreement. The Town Board agreed to accept ownership of the PMWC system with the condition that our existing water customers do not subsidize the costly PMWC system improvements. To that end, the Voluntary Transfer Agreement requires the former PMWC customers to fund the reconstruction of that system to bring it up to current Town and Fire District standards. The Water Division works diligently to keep costs down for all our customers. The USDA Rural Development office has proved to be a benevolent financing partner. The USDA’s terms and conditions require us to have all 68 easements secured before advertising for competitive construction bids and selecting a contractor. There are three remaining easements needed for the new water storage tank. Efforts to negotiate with the property owners have been unsuccessful over the last year, although efforts continue. Time is of the essence because the USDA terms require the project to be Page 113 completed in five years, September of 2023. The project is large ($11M) and expected to take multiple years. The Colorado Department of Public Health and Environment (CDPHE) requires a minimum system pressure of 20 psi under fire flow conditions. The tank's location is limited because a minimum elevation is needed to meet the State's requirement. The recommended tank site meets the elevation requirement and minimizes both costs and view corridor impact. A Conservation Easement (CE) forbids the tank's construction. The CE can only be altered by going through the condemnation process. Staff worked to avoid condemnation and keep the project moving by searching for alternative solutions. We identified three alternatives. Unfortunately, all three options involve condemning a portion of a conservation easement. The Town and Estes Valley Land Trust (EVLT) intend this to be a "friendly condemnation" process, meaning no objections from the EVLT. The Town would hope to agree with the EVLT on a fair amount of just compensation. Proposal: Eminent domain is defined as, "The inherent power of a governmental entity to take privately owned property, esp. land, and convert it to public use, subject to reasonable compensation for the taking." EMINENT DOMAIN, Black's Law Dictionary (11th ed. 2019). Approval of this resolution will speed up possession of the land and allow the Town's contracted attorney to certify we have met the USDA requirement to secure all identified easements. At that point, we'll transition to the project's next step of soliciting construction bids. Utilities staff have consulted thoroughly on this proposal with Town Attorney Dan Kramer and special counsel Greg White and Patrick Wilson. Advantages: •Placement of the new water storage tank in the identified location will o Provide adequate drinking water pressure for residents. o Provide adequate fire protection pressure. o Minimize the viewshed impact. Alternative locations would leave a larger mountainside scar and obstruct view corridors. o Keep project costs reasonable for the current and future residents who will have a 40-year USDA loan repayment. Disadvantages: •The use of eminent domain must be avoided and used after all other viable options have been exhausted, which is the current situation. Action Recommended: Staff recommends Town Board approve the resolution moving forward with eminent domain and the condemnation process to acquire the last few easements necessary to advance the project. Page 114 Finance/Resource Impact: $11,110,000; The project is loan/grant funded by the USDA. The former PMWC customers will repay the loan and other costs not eligible for USDA reimbursement. Level of Public Interest Low; however, the impacted customers are anxious for construction to begin on a vastly improved water system, including fire protection. Sample Motion: I move for the approval of Resolution 24-21 Attachments: 1. Resolution 24-21 and Exhibits A, B and C 2.Conservation Easement to be Condemned 3. Presentation Page 115 RESOLUTION 24-21 A RESOLUTION DECLARING THE TOWN’S INTENT TO ACQUIRE AND/OR SECURE CERTAIN REAL PROPERTY FOR IMPROVEMENTS TO THE TOWN'S WATER SYSTEM AND AUTHORIZING NEGOTIATIONS, PURCHASE, QUIET TITLE, AND THE EXERCISE OF THE TOWN'S POWERS OF EMINENT DOMAIN IN CONNECTION THEREWITH WHEREAS, the Town plans to engage in a public improvement project and needs to secure possession of and title to permanent and temporary easements on, in and across certain parcels of land in Larimer County, Colorado for improvements to the Town's water system, including without limitation the construction, installation, operation, maintenance, repair and use of a water tank, water lines, an associated access road and other ancillary improvements and facilities (the "Project") upon real property generally described on the real property described on the attached Exhibits A, B and C (the "Property"); and WHEREAS, the Property to be acquired by the Town is part of three parcels of land described as follows: i)Lot 37 of a replat of Venner Ranch Estates (2nd) recorded on June 26, 1969 at Reception No.966226 in Larimer County, Colorado; ii)Lot 38 of a replat of Venner Ranch Estates (2nd) recorded on June 26, 1969 at Reception No.966226 in Larimer County, Colorado, a portion of which is encumbered by a Deed of Conservation Easement dated November 28, 2014 and recorded on December 4, 2014 at Reception No.20140070350 (the “Conservation Easement”); and iii)a portion of the NW ¼ of Section 36, Township 5 North, Range 73 West of the 6th Principal Meridian, Larimer County, Colorado (Assessor Parcel ID #: 3536000006); and WHEREAS, the Town has determined that the acquisition of the Property is necessary to improve current water service provided to the Town's customers and residents through the completion of the Project; and WHEREAS, the improvements require additional land rights to accommodate the Project; and WHEREAS, the Town has determined that there is a compelling public need and purpose for the Project; and WHEREAS, in order to complete the Project, Town desires to accomplish the following: ATTACHMENT 1 Page 116 A.Declare the Town's intent to acquire the Property for public purposes necessary for the Project, free and clear of the Conservation Easement and any other encumbrances that are not consistent with the Town’s Project and other objectives; B.Authorize negotiations for and acquisition of the Property as may be necessary for the Project; and C.Authorize the Town Administrator and Town Attorney and their designees, in consultation with the Town's outside special condemnation counsel, to institute and prosecute to completion condemnation and/or quiet title proceedings to acquire the Property necessary for the Project, in the event that the Town is unable to acquire or secure the Property voluntarily. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board of Trustees hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2: The Board of Trustees of the Town of Estes Park hereby finds and determines that the Project is a public use and will serve a public purpose. The Board also finds and determines that there is a need and necessity for the Town to acquire immediate possession of and to obtain and secure title to the Property in furtherance of the Project. Section 3: Pursuant to C.R.S. §§ 31-35-402(1)(a), 38-6-101, 38-6-122, 38-30.5- 107 and/or other authorities, the Board hereby authorizes the Town Administrator and the Town Attorney, in consultation with the Town's outside special condemnation counsel, to take necessary and appropriate action to acquire the Property needed, including good faith negotiations, acquisition, quieting title and if necessary, filing a petition in condemnation to acquire the Property through the exercise of the Town's eminent domain authority. The Board further authorizes the Town Administrator and the Town Attorney, in consultation with the Town's outside special condemnation counsel, to seek and obtain immediate possession of the Property. The Town Administrator and the Town Attorney are authorized to retain, on behalf of the Town, appraisers and other appropriate consultants and expert witnesses in connection with such efforts. In this resolution, “Town Administrator” shall include any designee of the Town Administrator for such designated purposes. Section 4: The Town Administrator, in consultation with the Town Attorney and the Town's outside special condemnation counsel, is authorized to establish a reasonable amount of compensation to be offered to the owner(s) of the Property that is reflective of the Property's fair market value and to incur reasonable transactional costs and expenses associated therewith. Page 117 Section 5: As appropriate and necessary, the Town Administrator is directed to undertake good faith negotiations with the Property owner(s) for acquisition of the Property on the basis of fair and reasonable value. Negotiations may be based upon appraisal reports and/or other valuation and other information which has been approved by the Town Administrator. The Town Administrator is hereby authorized to make binding offers to the owners of the Property based upon appraisal reports and/or valuation information, and to execute agreements for the acquisition, quiet title and/or possession of the Property. Should negotiations for the voluntary acquisition of the Property fail to achieve a voluntary acquisition of the Property, the Town's outside special condemnation counsel is authorized to institute eminent domain proceedings and prosecute the same to completion so as to acquire immediate possession of, and good title to the Property. Section 6: The Board of Trustees finds and determines it is necessary and in the interest of the public's health, safety and welfare for it to acquire and/or secure title to, as soon as possible, the Property, and to extinguish the Conservation Easement and any other encumbrances, but only to the extent they encumber or affect the Property being acquired by the Town. The Board of Trustees further finds and determines there is a public need and necessity for obtaining immediate possession of the Property. Section 7: The Town Administrator shall be authorized to incur reasonable costs associated with acquiring the Property, including, without limitation, the cost of title examination, title insurance, appraisal fee payments for both the Town and the Property owners, normal closing costs, litigation costs, such as attorney fees, filing fees and charges, expert witness fees, and all other related or incidental costs or expenses customarily associate with the quiet title, acquisition, and/or condemnation of the Property. Section 8: The Town Administrator, in consultation with the Town's outside special condemnation counsel, is authorized to provide legal descriptions and terms and conditions of easements as he may determine to be appropriate, and is further authorized to hereafter amend, adjust, or clarify the Property and the extent or nature of the interests to be acquired so that the Town may acquire all property interests necessary for the Project. Section 9: If negotiations are not successful, the Board of Trustees hereby authorizes the Town's outside special condemnation counsel to initiate quiet title and/or eminent domain proceedings in Larimer County District Court, to perfect service on the purported owners of the Property, by publication if necessary, to make such deposits of compensation into the Court Registry as may be ordered by the Court, and to take such other actions that are reasonably necessary for the Town to acquire title to and immediate possession of all remaining interests owned by others, if any, in the entirety of the Property. Page 118 Section 10: The Board of Trustees further finds that, in the event acquisition by eminent domain of the Property is commenced, immediate possession is necessary for the public health, safety, and welfare. DATED this day of ______________, 2021. TOWN OF ESTES PARK ______________________________ Mayor ATTEST: _____________________________ Town Clerk APPROVED AS TO FORM: _____________________________ Town Attorney Page 119 EXHIBITS A, B and C Page 120 ATTACHMENT 1 EXHIBIT A LOT 38Page 121 Page 122 ATTACHMENT 1 EXHIBIT B LOT 37Page 123 Page 124 Page 125 ATTACHMENT 1 EXHIBIT C MEETS & BOUNDSPage 126 Page 127 ATTACHMENT 2 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 3/9/2021 Estes Park Water Division Land Use Acquisition for Water Service to ~135 Homes on Prospect Mountain ●Since the 1960s, Prospect Mountain Water Company (PMWC) has provided potable water service to Koral Heights, Venner Ranch Estates, and Little Prospect Acres. ●By the mid‐2000s, PMWC’s infrastructure required significant capital improvements. ●2009 ‐PMWC failed to form a Local Improvement District capable of raising funds for capital improvements. ●2012 ‐The Town began selling PMWC potable water after the US BOR terminated PMWC’s raw water tap agreement. ●May 2015 ‐PMWC filed for chapter 7 bankruptcy. The Town agreed to continue providing bulk potable water and also began operating and maintaining the system pursuant to an agreement with the bankruptcy trustee. ●April 2017 ‐DOLA provided a $25k grant to Larimer County, funding a Preliminary Engineering Report. ●Sept. 2018 ‐The USDA awarded a $6.5M grant and a $4.5M loan to rebuild the PMWC system. ●June 2019 ‐The Town took ownership of PMWC under a Voluntary Water System Transfer Agreement. At that time, PMWC customers became Town water customers. ○The agreement requires the ~135 former PMWC customers to fund their system's reconstruction to bring it up to Town  standards.  BACKGROUND ATTACHMENT 3 Page 149 PROJECT PURPOSE ●To serve high‐quality, reliable water service to the Former PMWC customer, their water distribution system must be upgraded to meet current Water and Fire standards. ●The Fire District's fire flow standards require the new distribution system to have additional water storage capacity, 8‐inch water mains, and new fire hydrants. ●The proposed Prospect Mountain potable water storage tank will have a total capacity of 180,000 gallons and be located at approximately 8,480 feet above sea level*. *The minimum elevation is required to meet the State’s water pressure requirement during fire flow conditions ●The new Prospect Mountain water storage tank requires public use of private property. This tank will serve approximately 135 customers on the southwest side of Prospect Mountain. ●Over the past year, staff has worked with private property owners on sixty‐eight (68) easements. Today we have sixty‐five (65) signed easements. ●The project has stopped because three (3) easements for the storage tank have not been signed. ○Easements are required from two private citizens. A conservation easement must also be changed. ○USDA terms and conditions require all land use rights be secured before advertising for construction bids. The terms and conditions also require the project to be completed within five‐years. ●To avoid condemnation and keep the project moving, staff search for alternative water storage design solutions. We analyzed site elevation, viewshed damage, and cost to determine the preferred tank site and service road. Unfortunately, every alternative solution requires condemnation of a conservation easement. PRESENT SITUATION Page 150 TANK SITE & ACCESS ALTERNATIVES The Thumb Recreation site Locked Gate ~8,480 ft elevation required for minimum system pressure Alternative 2 Adds $1.4M to the project’s cost Alt. 1 Preferred Access & Tank Alternative 3, the scar’s viewshed impact and impact to the Thumb recreational site eliminated this as an alternative. PREFERRED ALTERNATIVE Easement 3, 1429 Prospect Mtn Rd The conservation easement forbids development. This work will not reduce the future value of this lot. Easement 2, 399 CURRY DR Our work could increase the future value of this land by improving access to public water. Easement 1 Lot 37 has no vehicle access today. Future development requires the construction of a road.Our work could increase the future value of this lot by improving access to public water. Preferred Tank Site The shaded area represents the “scar”. The excavated “cut and fill” required to build the preferred service road. Lot 37 Lot 38 Page 151 ALTERNATIVE 2 Easement Area 399 CURRY DR The shaded cut and fill area is much larger because the terrain is steeper and the hairpin turn requires a larger level perimeter. Alt. Easement Area This alternative requires more use of Lot 37’s land Easement 3, 1429 Prospect Mtn Rd, Lot 38 The existing conservation easement forbids development. This work will not reduce the future value of this lot. This alternative increase costs by an estimated $1.4M Lot 37 Lot 38 This alternative meets the elevation requirement; however, we eliminated this site due to the: ●scar’s negative impact on the viewshed ●negative effects to the Thumb recreational site, and ●conflict with the existing conservation easement The Thumb ALTERNATIVE 3, PLAN VIEW An existing conservation easement on this lot forbids new construction of the road and water main. Page 152 RENDERINGS From 1240 Lower Broadview Intersection of Moraine, Marys Lake Rd & High Drive RENDERING of EXISTING VIEWSHED From 1240 Lower Broadview Page 153 VIEWSHED RENDERINGS ALTERNATIVES 1 & 2 Alt. 1 Alt. 2 Adds $1.4M to the project & increases the scar.Preferred Alternative Advantages of the Preferred Tank Site: ●This road route and location is the most cost‐effective ●It minimizes the viewshed impact relative to the other sites ●Has the shortest water main length, which improves water quality ●The natural grade of the site and access road alignment minimizes earthwork and the area of disturbance ●The site elevation meets the required minimum system pressure ●The site is not visible to nearby homeowners ●This site provides sufficient water pressure to nearby homes, allowing them to remove their private booster pumps ●The site’s subsurface characteristics are beneficial for the tank foundation Summary 1 of 3: Page 154 Summary 2 of 3: Alternative 2, access road along the platted ROW ●Scarring from this alternate access road would be more visible and adds approximately $1.0M to the total construction cost (not including additional design) ●The longer route and its terrain requires more excavation and pipe installation ●Retaining walls are required along access road ●This alternative site requires additional tree removal ●Would require additional engineering and be subject to approval of additional funding from the USDA ●Would significantly delay the project Summary 3 of 3: Alternate Tank Site near the Thumb and Needle: ●Additional 1,660 linear feet of distribution main that will not serve any water customers, increasing water age which negatively impacts water quality ●An additional PRV Vault is required (the preferred design’s booster pump and PRV are in the same building) ●Would require engineered redesign of the project and would be subject to approval of additional funding from the USDA ●Would add significant delay to the project ●Higher visibility of tank site and access road from the Valley and the Thumb recreational area ●The alternate site would add $0.85M to the total construction cost (not including additional design) ■$0.35M additional costs for distribution main and access road ■$0.50M additional costs for seperate PRV building and site improvements Page 155 Questions Estes Park Water Division Page 156 Board of Trustees Public Comment Form Please enter your full name. (This information is required to ensure the Town keeps accurate records of public comment. Name * Stance on item:* The Board of Trustees want to hear from members of the community. The following form was created for general public comment or public comment on any agenda items. The Town Board of Trustees will participate in meetings 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. Regular meetings of the Town Board are held on the second and fourth Tuesdays of each month at 7 p.m. Agendas and the agenda item list below will be posted the Wednesday prior to each meeting. Click here to view the current Agenda. Public comment must be received by noon the day of the Town Board meeting. All comments will be compiled for Board distribution prior to the meeting. Agenda items are available the Wednesday prior to each Town Board meeting. To provide public comment on an upcoming item please use the drop down below to select the Agenda item title. Agenda Item Title * Public comment can be attached using the Upload button below or typed into the text box below. File Upload Comments for the Board of Trustees:* Jeffrey Boring For Against Neutral Resolution 24-21. If you do not see the Agenda Item Title please email public comment to townclerk@estes.org. Files are limited to PDF or JPG. EVLT Public Statement Regarding Resolution 24- 21.pdf 466.52KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Limited to a maximum of 1000 characters. Please see the attached letter to the Mayor and Trustees, regarding the Estes Valley Land Trust's position on Resolution 24-21. Public Comment Received 03-08-2021 Page 157 Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. 1191 Woodstock Drive, Suite 5 PO Box 663 Estes Park, CO 80517 970-577-6837 evlt@evlandtrust.org www.evlandtrust.org March 8, 2021 Dear Mayor and Trustees, The Estes Valley Land Trust objects to the condemnation of the conservation easement on one of the properties covered by Resolution 24-21. Conservation easements are property interests that protect the public conservation values we all share, such as open space and wildlife habitat, in perpetuity. The perpetual nature of a conservation easement is violated when it is extinguished through condemnation. As a nationally-accredited and state-certified land trust, it is our duty to enforce and defend each of the 172 conservation easements we hold across the Estes Valley. We must defend in perpetuity each conservation easement to the fullest extent permitted under applicable law. On behalf of the Estes Valley Land Trust, we ask you to oppose Resolution 24-21. Sincerely, Jeffrey Boring Vaughn Baker Executive Director President Estes Valley Land Trust Board of Directors Page 158 PUBLIC WORKS Memo To: Honorable Mayor Wendy Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Dan Kramer, Town Attorney Date: March 9, 2021 RE: Resolution 25-21 Approving an Amendment to the Memorandum of Agreement and a Fourth Modification to the Reimbursable Agreement with the Central Federal Lands Highway Division of the Federal Highway Administration, the National Park Service, and the Colorado Department of Transportation for Project Funding of the Downtown Estes Loop PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval of Resolution 25-21 which amends the existing Memorandum of Agreement (MoA) and the Reimbursable Agreement (RA) with Central Federal Lands Highway Division for the design and construction of the Downtown Estes Loop (DEL). Present Situation: In 2014 the Town, Central Federal Lands Highway Division (CFLHD), Colorado Department of Transportation (CDOT), and Rocky Mountain National Park (RMNP) entered into agreements to fund, design, and construct roadway and bridge improvements to Elkhorn Avenue, Moraine Avenue, and West Riverside Avenue to improve access to RMNP by reducing traffic congestion in downtown Estes Park. This route is the primary travel corridor to RMNP. These improvements were to be funded by a Federal Lands Access Program (FLAP) grant and CDOT Responsible Acceleration of Maintenance and Partnerships (“RAMP”) funds. Construction of the project was expected to occur in 2016. Community controversy and a lengthy process for acquiring additional rights of way for the project delayed construction to 2018, then to 2021. New Federal Emergency Management Agency (FEMA) modeling and mapping procedures for the revised Page 159 floodplains within the project (triggered by the 2013 flood) further delayed submittal of FEMA floodplain permit applications which has delayed construction to 2022/2023. In 2019 and 2020, CDOT acquired and demolished multiple commercial and residential buildings on eight parcels to provide sufficient area to construct the realignment of W. Riverside Avenue and a new bridge over the Big Thompson River for this project. Also in early 2020, the Town requested revisions to the MoA and RA to clarify refinements to the project scope, costs, schedule, funding responsibility, and the insertion of a clause for the purposes of the Taxpayer’s Bill of Rights (TABOR) to the Colorado Constitution that was not included in the original agreements. The proposed amended MoA and RA reflect resolution of these requests. Proposal: The amended MoA and RA increase the financial contributions to the project from CFLHD and CDOT, clarify the scope of infrastructure improvements constructed by the project (including resurfacing of W. Elkhorn avenue if favorable bid pricing is obtained), update the contact information for the agency representatives, and update the anticipated project schedule. The Town has worked with CFLHD to address the publicly identified issue of the missing TABOR clause, and the agreements will now contain appropriate TABOR clauses. If the Town chooses to terminate these contracts early, the amended agreements will now clarify that this can only be done with an irrevocable pledge of existing funds by the Town, prior to undertaking the financial obligations associated with early termination, as constitutionally required. Additionally, the amended MoA clarifies that review and approval of the 95% and 100% complete design drawings (technical engineering work) will be provided by the Town’s Director of Public Works on behalf of the Town. The amendment to the MoA requires signature approval from all four partner agencies. Advantages: The amended agreements clarify current project scope, cost, and responsibilities of the Town, CDOT, RMNP, and CFLHD. The amended agreements create a potential pathway for the project scope to include the overlay of W. Elkhorn Avenue at no additional cash contribution from the Town. The revisions address an identified issue under the Colorado Constitution. Disadvantages: The project cost continues to increase when construction is delayed. Action Recommended: Public Works staff recommend adoption of the amended MoA and RA. Finance/Resource Impact: These amendments do not increase the Town’s financial contribution to the project. The 2014 MoA estimated this project would cost $17.2 million. Proposed funding was $13,000,000 from the FLAP grant and $4,200,000 from CDOT’s RAMP funds provided to the Town for the devolution of West Elkhorn Avenue. No local funds were required Page 160 for this project from either the Town or RMNP. The $4,200,000 in RAMP funds have been held by the Town and pledged to this purpose since the receipt of the funds and prior to expenditure towards this project. The project cost is now estimated to be $22,580,000 which includes the Option X resurfacing work on West Elkhorn Avenue and other work elements depicted in the project budget on page 12 of the MoA. Funding for these expenses is shared by the FLAP grant ($17,800,000—78.83%), CDOT ($580,000—2.57%), and Town passthrough of CDOT devolution RAMP funds ($4,200,000—18.60%) as shown on page 17 of the MoA. The Town has spent $3,823,977 to-date. A total of about $9.5 million has been spent by CFLHD on the project to-date. Level of Public Interest: Staff expects a high level of public interest in this item. Sample Motion: I move for the approval/denial of Resolution 25-21. Attachments: 1. Resolution 25-21 2.2014 Memorandum of Agreement 3.2014 Reimbursable Agreement 4.2021 Revised Memorandum of Agreement 5.2021 Revised Reimbursable Agreement 6.2021 Admin Mod #004 signatures for Reimbursable Agreement Page 161 RESOLUTION 25-21 APPROVING AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT AND A FOURTH MODIFICATION TO THE REIMBURSABLE AGREEMENT WITH THE CENTRAL FEDERAL LANDS HIGHWAY DIVISION OF THE FEDERAL HIGHWAY ADMINISTRATION, THE NATIONAL PARK SERVICE, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP WHEREAS, the Town Board desires to amend the existing intergovernmental agreements referenced in the title of this resolution for the purpose of constructing bridge, roadway, and intersection improvements in downtown Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreements referenced in the title of this resolution in substantially the form now before the Board. The Board confirms its prior intent regarding the $4.2 million received from the Colorado Department of Transportation by intergovernmental agreement under its Responsible Acceleration of Maintenance and Partnerships program, pursuant to Resolution 35-14 of the Board. Since its receipt by the Town, the intent of the Board is that these funds have been pledged irrevocably to, and held specifically for, the local match required by the Federal Lands Access Program to fund the Downtown Estes Loop project. This local match is detailed under the Memorandum of Agreement and Reimbursable Agreement of 2014 as referenced in the title of this resolution. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 162 ATTACHMENT 2Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 ATTACHMENT 3Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 1 FEDERAL LANDS ACCESS PROGRAM PROJECT MEMORANDUM OF AGREEMENT Project / Facility Name: Moraine Avenue and Riverside Drive Project Route: CO FLAP 34(1) & 36(1) State: Colorado County: Larimer County Owner of Federal Lands to which the Project Provides Access: National Park Service Entity with Title or Maintenance Responsibility for Facility: Town of Estes Park Type of Work: The project is to include preliminary engineering, construction and construction engineering for the reconstruction on Moraine Avenue and Riverside Drive in the Town of Estes Park. The routes are currently two lane routes at varying widths. The Schedule A- Downtown Estes Park Loop- Moraine Avenue and Riverside Drive project segment would reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one-way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. In addition, a segment of West Elkhorn Avenue (Option X) was identified as a need following the project application process and programming of Schedule A- Downtown Estes Park Loop- Moraine Avenue and Riverside Drive. The purpose of Option X is to improve the riding surface and to extend the useful life of the pavement as part of the devolution of the U.S. 34 Business Route. This segment of the project will be paid for by the over-match that is provided by the Town of Estes Park. After bids for the construction of Option X are received, if funds are insufficient to cover a minimum match for Schedule A with Option X (17.21% of overall project costs) or if the bids are higher than $600,000 for Option X, then the Town will need to fund the additional amount needed to award Option X, if Option X is to be implemented. This Agreement does not obligate (commit to) the expenditure of Federal funds nor does it commit the parties to complete the project. Rather, this Agreement sets forth the respective responsibilities as the project proceeds through the project development process. ATTACHMENT 4 Page 185 2 Parties to this Agreement: Town of Estes Park (TOEP), Colorado Department of Transportation (CDOT), NPS, and Central Federal Lands Highway Division (CFLHD). The Program Decision Committee approved this project on August 26, 2013. AGREED: Town of Estes Park Date Colorado Department of Transportation Date National Park Service Date Chief of Business Operations, Central Federal Lands Highway Division Date Page 186 3 A. PURPOSE OF THIS AGREEMENT This Agreement documents the intent of the parties and sets forth the anticipated responsibilities of each party in the development, construction, and future maintenance of the subject project. The purpose of the Agreement is to identify and assign responsibilities for the environmental analysis, design, right-of-way, utilities, acquisition and construction as appropriate for this programmed project, and to ensure maintenance of the facility for public use if improvements are made. The parties understand that any final decision as to design or construction will not be made until after the environmental analysis required under the National Environmental Policy Act (NEPA) is completed (this does not prevent the parties from assigning proposed design criteria to be studied in the NEPA process.) Any decision to proceed with the design and construction of the project will depend on the availability of appropriations at the time of obligation and other factors such as issues raised during the NEPA process, a natural disaster that changes the need for the project, a change in Congressional direction, or other relevant factors. If Federal Lands Access Program (FLAP) funds are used for the development or construction of this project, Town of Estes Park, Colorado agrees to provide a matching share equal to 17.21% or more of the total cost of the project, as detailed more fully in Section J below. B. AUTHORITY This Agreement is entered into between the signatory parties pursuant to the provisions of 23 U.S.C. 204. C. JURISDICTION AND MAINTENANCE COMMITMENT Town of Estes Park, Colorado has jurisdictional authority to operate and maintain the existing facility and will operate and maintain the completed project at its expense. D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION Town of Estes Park, Colorado has coordinated project development with the National Park Service. The National Park Service support of the project is documented in the original project application. Each party to this agreement who has a primary role in NEPA, design, or construction shall coordinate their activities with the National Park Service. E.PROJECT BACKGROUND/SCOPE Schedule A- Downtown Estes Park Loop- Moraine Avenue and Riverside Drive The project application for Schedule A was submitted under the FLAP project call for applications in May of 2013. The project traverses thru the Town of Estes Park via Elkhorn Avenue (US34/36), Moraine Avenue (US 36) and West and East Riverside Drive. The proposed project would reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one-way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. Page 187 4 Figure 1 – Project Area Map Roadway. The West and East Riverside Drive and Ivy Street segments will be reconstructed/realigned using a 25-mph design speed with two 12 foot travel lanes. The application did not include any shoulders but the Town discussed the desire for some sort of on-street bicycle lane, and CDOT standards generally require a minimum 4 foot shoulder. The application shows parallel on street parking on the southern section of the roadway, but no on-street parking on the northern end of Riverside Drive where there are existing driveways, which would lead to backing out onto the US highway. Route Segments: The project application stated current average daily traffic (ADT) as 10,000 with current seasonal ADT of 17,900 and projected ADT of 14,000 with a projected seasonal ADT of 25,060. These numbers represent the general total ADT through the project area using the existing and proposed roadway segments to travel through Estes Park towards Rocky Mountain National Park. ADT information shown for each roadway segment is an estimation of the current configuration verse proposed project configuration for each segment (Current/Proposed). Segment 1: Elkhorn Avenue (US 36/US 34 Business) from E. Riverside Dr. to Moraine Ave. Currently two lanes westbound and one lane eastbound with curb and gutter and attached sidewalk/streetscape. The Project will reconfigure this segment by restriping to two lanes in a one-way configuration in the westbound direction expanding to two left turn lanes and one through lane at Moraine Avenue intersection. Page 188 5 Figures 2 and 3 – Existing Elkhorn Avenue Segment 2: Moraine Avenue (US 36) from Elkhorn Avenue to Crags Dr./W. Riverside Dr. Currently two lanes southbound and one lane northbound expanded to include an additional northbound lane from Rockwell Street to Elkhorn Avenue. The existing roadway has curb and gutter and attached sidewalk/streetscape. The Project will reconfigure this segment by restriping to two lanes in a one-way configuration in the southbound direction expanded to include a left turn lane in addition to the two through lanes from Elkhorn Avenue to Rockwell Street. Pedestrian walkway connectivity will be provided by extending the existing sidewalk on the east side of Moraine Ave southward to connect to the proposed sidewalk on the west side of W Riverside Drive described in Segment 3 below. A new enhanced pedestrian crossing equipped with Rectangular Rapid Flash Beacons will be constructed on Moraine Avenue south of Davis Street. Figures 4 and 5 – Existing Moraine Avenue Segment 3: W Riverside Dr./Ivy St./E Riverside Dr. (Moraine Ave. to Elkhorn Ave.) Currently these three roadway segments make up the parallel alternative route to Moraine Avenue/Elkhorn Ave. These segments currently include a northbound and southbound lane with varied on-street and adjacent parking (parallel, diagonal, straight in, Page 189 6 driveways), and sections of curb and gutter and attached sidewalk. The Project will reconstruct and realign these segments into a continuous roadway segment with two northbound lanes with curb and gutter and attached sidewalk, and sections of parallel parking. The proposed project includes creating a new landscaped roundabout intersection of Riverside Drive/Crags Drive/Moraine Avenue to provide eastbound Moraine Avenue traffic a through movement to this segment which will become the northbound section of US 36 through Estes Park Figures 6 and 7 – Existing Riverside Drive Segment 4: Rockwell Street from Moraine Ave to E. Riverside Dr. Currently one lane from Moraine Avenue for approximately 250 feet to the existing adjacent public parking lots, then one lane eastbound and westbound to East Riverside Drive. The Project will keep this configuration; however, the amount of traffic will greatly increase as this will be the eastbound route for traffic traveling eastbound on Elkhorn Avenue west of Moraine Avenue. Figures 8 and 9 – Existing Rockwell Street Page 190 7 Segment 5: W. Elkhorn Ave from Moraine Ave to Wonderview Ave This 1.5 mile long segment of Elkhorn Ave contains one travel lane in each direction and was devolved from CDOT ownership to TOEP ownership to generate local match funds for this project. TOEP has the option to request including in the project design bid drawings a bid alternate consisting of a 2" thick mill-and-overlay hot mix asphalt resurfacing of this segment and the associated restriping. . CFLHD is not obligated to award this bid alternate and the Town is not obligated to pay the extra cost if the bid alternate price exceeds $600,000. Notwithstanding the foregoing, if this bid alternate would increase TOEP’s local match amount, the Town may agree to further funding of Option X by irrevocably pledging additional present cash reserves toward its additional financial obligations at such time. Bridge. The project includes the reconstruction of what was the Ivy Street bridge across the Big Thompson River. This new structure will be on a skew and likely need to be raised to provide the same or better clearance above the river. Only roadway resurfacing, striping, and signing changes are proposed at the Rockwell Street and East Riverside Avenue bridges, as they appear to be wide enough to accommodate the project.. Figure 10 – Existing Ivy Street Bridge Figure 11 – Ivy Street Bridge Joint Roadway segments 1 and 2 are classified as urban minor arterial in rolling terrain with a design and posted speed of 25 mph. Roadway Segments 3 and 4 are classified as urban collector in rolling terrain with a design speed of 25 mph. Specific areas of concern or areas of required work by functional discipline are as follows: Right of Way Right of Way mapping of existing parcels/property boundaries is required. There are potentially 5-7 full relocations and 10-20 other partial right-of-way acquisitions, and numerous TCE's. The CDOT will lead the right-of-way acquisition process. Utilities Numerous utilities will need to be relocated including City wet utilities (water, sanitary sewer) and private dry utilities (electrical, gas, communications). New Street lighting Page 191 8 will be required for the project. Potholes and/or ground penetrating radar will be required to locate utilities. Environment and Permits Due to the potential for Section 4(f)/6(f), 106 issues and the overall level of change/chance for public concern, an Environmental Assessment is assumed. Survey Full survey of all roadway segments for this project is required. Use of LIDAR may be used to develop topographical mapping. Bridge The Ivy Street bridge will be reconstructed on a new alignment; the bridge will be skewed across the Big Thompson River. It is assumed that Ivy Street can be completely closed during construction. No structural improvements are proposed at the Rockwell Street or East Riverside Road bridges, as they appear to be wide enough to accommodate the project. Hydraulics The Big Thompson River channel between Ivy St and Rockwell St will be modified to improve hydraulic capacity and provide safe, interactive, recreational human access to the water from the walkway along the west river bank. Highway Design This 4R project is short in length but full of challenges from the typical section for a US highway, curvilinear alignment, on-street parking and access, pedestrian movements, and construction phasing. New traffic signal hardware and software will be installed at four locations: Elkhorn Avenue at Riverside Avenue, Elkhorn Avenue at Moraine Avenue, Moraine Avenue at the Riverwalk pedestrian crossing, and on Riverside Avenue at the Riverwalk pedestrian crossing. A new colored concrete intersection will be provided at Elkhorn/Riverside Avenues. Pavements E. Elkhorn Ave and Moraine Ave are candidates for mill and overlay. Existing paving should be reused when possible. Pulverized asphalt can be used as high-quality fill or base course in new pavement sections. CDOT design procedures and review will be required for any State Highway pavements. Geotechnical Field investigations are anticipated for reconfiguration of the Ivy Street bridge and retaining walls at the Moraine Avenue and Riverside Drive intersection. Right-of-entry agreements may be required for the retaining wall boring access. All borings will also Page 192 9 require permitting from the Town of Estes Park and Colorado Department of Transportation (CDOT). Option X: Segment 5- West Elkhorn Avenue Pavement Rehabilitation This segment was identified as a need following the project application process and programming of Schedule A- Downtown Estes Park Loop- Moraine Avenue and Riverside Drive. The purpose of Option X is to improve the riding surface and to extend the useful life of the pavement as part of the devolution of the U.S. 34 Business Route. Additionally, the installation of signage would improve safety along the roadway. The Town applied for and received $4.2 million funding under the Colorado Department of Transportation (CDOT) Responsible Acceleration of Maintenance and Partnerships (RAMP) Program for the “devolution” of US 34 Business Route (West Elkhorn) back to Town ownership and maintenance between the Elkhorn/Moraine intersection and Wonderview Avenue. The devolution funds were then used for the required local agency match toward the Downtown Estes Loop FLAP project. The mill and overlay project is proposed to extend the useful life of the pavement as part of the devolution of U.S. 34 Business Route. Environment and Permits A Categorical Exclusion is anticipated for this work. Page 193 10 Survey Full survey of all roadway segments for this project is required. Use of LIDAR may be used to develop topographical mapping. Highway Design The proposed project is composed of milling, overlay, striping, and sign installation within the existing roadway right of way and facility footprint for this 1.3-mile segment along West Elkhorn Avenue. The milling and overlay project is proposed to extend the useful life of the pavement as part of the devolution of U.S. 34 Business Route. New signs would be installed to enhance safety along this segment of the roadway. Pavements Pavement rehabilitation for West Elkhorn is anticipated to be a mill and overlay. Existing paving should be reused when possible. Pulverized asphalt can be used as high-quality fill or base course in new pavement sections. CDOT design procedures and review will be required for any State Highway pavements. Page 194 11 F.PROJECT BUDGET Figures are estimated from assumption in the original Application, Scoping Report, and Project Delivery Documents. Cost(s) are subject to escalation increases, depending on formal programming year. PROJECT BUDGET FOR ALL SEGMENTS Item Estimated Cost for CFLHD Performed Services Comments Preliminary Engineering (PE) and Environmental Compliance PE Subtotal $2,880,000 Schedule A $2,780,000 Option X $100,000 ROW Acquisition & Utility Relocation ROW Subtotal $7,100,000 Schedule A $7,100,000 Work conducted under Inter-agency ROW Agreement with CDOT for full acquisition parcels. Option X- $0 No ROW work required. Construction Contract (CN) CN Subtotal $11,200,000 Schedule A $10,600,000 Option X $600,000 Construction Engineering (CE) CE Subtotal $1,400,000 Schedule A $1,300,000 Option X $100,000 TOTAL $22,580,000 Page 195 12 G.ROLES AND RESPONSIBILITIES: Responsible Party Product/Service/Role Comments CFLHD •Develop and sign the Project Agreement •Develop and sign the Reimbursable Agreement •Manage project development schedule and preliminary engineering costs •Perform pavement and geotechnical investigations •Obtain necessary permits •Prepare environmental documents and make project decisions based on the NEPA documents •Prepare the PS&E •Advertise and award the contract. Bids will not be solicited by CFLHD until the TOEP and CDOT have concurred with the plans and specifications. Page 196 13 Responsible Party Product/Service/Role Comments Town of Estes Park •Review and sign the Project Agreement •Review and sign Reimbursable Agreement •Review and provide approval for Highway Design Standards •Attend reviews and meetings •Provide available data on traffic, accidents, material sources, construction costs, and any other relevant information •Review the plans and specifications at each phase of the design and provide project development support •Public Works Director of TOEP to provide 95% Plans, Specifications, and Estimate Approval for procurement process •Provide support to CFLHD, as requested, for the development of environmental documents. •Provide ROW and utility information and coordination •Provide water source(s) for design and construction use •Coordinate utility relocations •Obtain permits other than those required for Federal constructed projects PS&E activities will not commence until agreement(s) are executed Colorado Department of Transportation •Review and sign the Project Agreement •Attend reviews and meetings •Provide available data on traffic, accidents, material sources, construction costs, and any other relevant information •Review the plans and specifications at each phase of the design and provide project development support •Provide 95% Plans, Specifications, and Estimate Approval Page 197 14 Responsible Party Product/Service/Role Comments •Provide support to CFLHD, as requested, for the development of environmental documents. •Provide ROW and utility information and coordination •Procure ROW •Obtain permits other than those required for Federal constructed projects National Park Service •Review and sign the Project Agreement •Review and comment on environmental documents H.ROLES AND RESPONSIBILITIES – SCHEDULE (This section may be abbreviated with only a tentative project schedule based on the application pending a more in-depth scoping of the proposed project. If so, a more detailed schedule thereafter should be developed and approved by the parties or the Programming Decisions Committee, as appropriate.) Responsible Lead Product/Service/ Role Schedule Start-Finish Comments CFLHD Project Development Planning See attached schedule Project Development Plan CFLHD NEPA Possible EA CFLHD Engineering Design Preliminary through Final PS&E CFLHD Geotechnical/ Pavement Investigation and Recommendations Perform site investigations and provide recommendations Page 198 15 Responsible Lead Product/Service/ Role Schedule Start-Finish Comments TOEP, CDOT 100% PS&E Approval TOEP approval by Public Works Director CFLHD Acquisitions Design and Construction Contracting CFLHD Construction Administration Construction Management and Engineering TOEP, CDOT Construction Acceptance TOEP approval by Public Works Director I.PROPOSED DESIGN STANDARDS Final design standards will be determined through the NEPA process. Criteria Comments Standard CDOT Possible width exception on Riverside Drive Functional Classification Urban Minor Arterial Surface Type Hot-Asphalt Concrete Pavement Design Volume 14,000 Page 199 16 J.FUNDING Funding Source Estimated Funding % of Total Project Comments Federal Lands Access Program (FLAP) $17,800,000 78.83% FLAP funds are allocated for Schedule A only. Town of Estes Park $4,200,000 18.60% Cash Match Contribution: •Priority of local match is to contribute funds to Schedule A. •100% of cost attributed to Option X (West Elk Horn Avenue) Colorado Department of Transportation $580,000 2.57% In-Kind Contribution: •Hazardous Material Abatement for Full-Acquisition Parcels •Demolition of Buildings for Full- Acquisition Parcels •Legal Fees and Settlement Costs for Seven Full-Acquisition Parcels Total $22,580,000 The funding priorities for the project is Schedule A, followed second by Option X. If during the implementation of the project it is determined that the total project cost exceeds $22,580,000, the Central Federal Lands Highway Division, the Town of Estes Park, and the Colorado Department of Transportation mutually agree to award Schedule A if possible within the $22,580,000 funding even if means the Option X cannot be awarded. If insufficient funds exist to award Schedule A, then the Central Federal Lands Highway Division, the Town of Estes Park, and the Colorado Department of Transportation will either mutually agree in writing to reduce the scope of the project, or execute a modification to this agreement to change funding amounts. In no case will any party’s funding amount be increased without its prior approval. Page 200 17 K.MATCHING SHARE REQUIREMENTS Town of Estes Park will provide 17.21% of the total Federal Lands Access Program eligible project costs required for the project through construction contract completion, closeout, and resolution of any disputes, in an amount not to exceed that provided in separate funding agreements. Matching or cost sharing requirements will be satisfied following the obligation of funds to the project as detailed above in Section J. Matching or cost sharing requirements may be satisfied following the obligation of funds to the project by: allowable costs incurred by the State or local government, cash donations, the fair and reasonable value of third party in-kind contributions (but only to the extent that the value of the costs would be allowable if paid for by the party responsible for meeting the matching share), including materials or services; however no costs or value of third party contributions may count towards satisfying the matching share requirements under this agreement if they have or will be counted towards meeting the matching share requirements under another federal award. Costs and third party contributions counting toward satisfying a cost sharing or matching requirement must be verifiable from the records of the party responsible for meeting the matching requirements. The records must demonstrate how the value of third party in kind contributions was derived. Voluntary services sought to be applied to the matching share will be supported by the same methods that the party to this agreement uses to support allocability of personnel costs. Any donated services provided by a third party will be valued at rates consistent with those ordinarily paid by employers for similar work in the same labor market. Supplies furnished will be valued at their market value at the time of donation. Donated equipment or space will be valued at fair rental rate of the equipment or space. All records associated with valuations or costs under section K shall be accessible and be maintained for three years following project close-out. A Reimbursable Agreement (RA) will be executed to commit the match contribution and initiate project delivery for CO FLAP 34(1) & 36(1). The CFLHD will bill Town of Estes Park upon completion of the work in the RA, as tentatively outlined in the RA. The CFLHD is limited to recovery of the matching share of actual costs incurred, as reflected in the invoice provided by the CFLHD. The CFLHD shall not incur costs which result in matching funds exceeding the maximum cost stated in the Reimbursable Agreement without authorization by Town of Estes Park in the form of written modification. Page 201 18 L. PROJECT TEAM MEMBERS - POINTS OF CONTACT The following table provides the points of contact for this project. They are to be the first persons to deal with any issues or questions that arise over the implementation of each party’s role and responsibility for this agreement. Name/Title Organization Address/Phone Number/Email Greg Muhonen Director of Public Works Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 (970) 402-7400 gmuhonen@estes.org James Usher Program Engineer CDOT Region 4 1420 2nd Street Greeley, CO 80631 (970) 350-2176 james.usher@state.co.us Cheri Yost Chief of Planning NPS- ROMO Rocky Mountain National Park Estes Park, CO 80517 (970) 586-1320 cheri_yost@nps.gov John Knowles CFLHD Project Manager CFLHD 12300 W. Dakota Ave. Suite 380 Lakewood, CO 80228 (720) 963-3415 john.knowles@dot.gov M.CHANGES/AMENDMENTS/ADDENDUMS The agreement may be modified, amended, or have addendums added by mutual agreement of all parties. The change, amendment, or addendum must be in writing and executed by all of the parties. The types of changes envisioned include, but are not limited to, changes that significantly impact scope, schedule, or budget; changes to the local match, either in type or responsibility; changes that alter the level of effort or responsibilities of a party. The parties commit to consider suggested changes in good faith. Failure to reach agreement on changes may be cause for termination of this agreement. A change in the composition of the project team members does not require the agreement to be amended. It is the responsibility of the project team members to recognize when changes are needed and to make timely notification to their management in order to avoid project delivery delays. N.ISSUE RESOLUTION PROCEDURES MATRIX Issues should be resolved at the lowest level possible. The issue should be clearly defined in writing and understood by all parties. Escalating to the next level can be requested by Page 202 19 any party. When an issue is resolved, the decision will be communicated to all levels below. FHWA Town of Estes Park CDOT R4 NPS Time John Knowles, Project Manager Public Works Director Greg Muhonen Resident Engineer Justin Pipe Chief of Planning Cheri Yost 30 days Wendy Longley, Project Management Branch Chief Town Administrator Travis Machalek Program Engineer James Usher Park Superintendent Darla Sidles 60 days Curtis Scott, Chief of Engineering 90 days O.TERMINATION This agreement will terminate upon 30 calendar days prior written notification to the other party pursuant to the requirements of 2 C.F.R. §200.339. If this agreement is terminated by the Requesting Agency its liability shall extend to 100 percent of actual and reasonable costs of the items/services rendered and the costs of any non-cancelable obligations incurred prior to the effective date of termination. Further, should the Requesting Agency provide notice to terminate this agreement, the Requesting Agency shall, prior to the effective date of the termination, irrevocably pledge funds in the amount of 100 percent of actual and reasonable costs of the items/services rendered and the costs of any non- cancelable obligations incurred prior to the effective date of termination. The irrevocable pledge and repayment of the funds must comply with the provisions of 23 U.S.C. §201(d)(2). If this agreement is terminated by the Servicing Agency its liability shall extend only to the release of its work products and related materials to the Requesting Agency by the effective date of termination. Page 203 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 1 | Page I.Introduction: The Federal Highway Administration, Central Federal Lands Highway Division (CFLHD) will provide design and construction delivery services for the CO FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive project. The Town of Estes Park, Colorado will provide funding for the local match, per the federal requirements listed below. The Town of Estes Park shall be referred to as the Requesting Agency and the CFLHD shall be referred to as the Servicing Agency. II.Location: Moraine Avenue and Riverside Drive, Estes Park, CO III.Work Required: For the CO FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive project, as selected by the Programming Decisions Committee (PDC) in the state of Colorado, perform project environmental compliance, design, right-of way, permitting, contracting and construction in accordance with CO FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive Colorado Federal Lands Access Program Memorandum of Agreement. The proposed project would reconfigure the circulation system through Estes Park by realigning and reconstructing West and East Riverside Drives into a continuous one-way (eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way configuration (westbound) creating one-way couplets through Estes Park that would be US Highway 36. The reconfiguration would also include upgrades to Rockwell Street to accommodate additional traffic from the change of Elkhorn Avenue to one-way in the westbound direction. IV.Non-Federal Share of Costs: It is estimated that Federal Lands Access Program funding will be used to fund the scoping effort as follows: Design, construction and construction engineering cost(s) are summarized as follows: Item Estimate ($) Comments ROW $7,100,000 Preliminary Eng. $2,880,000 Construction $11,200,000 Assumed 2022 construction Construction Eng. $1,400,000 Total $22,580,000 ATTACHMENT 5 Page 204 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 2 | Page As outlined in Section VIII.C, Town of Estes Park will provide funds in the amount of 18.6% of the total Federal Lands Access Program funding required to complete the work in this Agreement. The amount of matching funds provided by the Town of Estes Park shall not exceed $4,200,000.00, but shall meet the minimum of 17.21% of total project funding. The Requesting Agency is not required to reimburse the Servicing Agency for any costs incurred by the Servicing Agency prior to the date of this Agreement. V.Period of Performance: All work associated with this agreement will be completed no later than March 1, 2024. VI.Technical Representative: CFLHD Program Point of Contact for this Agreement is Mr. John Knowles, Project Manager. Mr. Knowles can be contacted at 720-618-9414 or john.knowles@dotc.gov The Town of Estes Park Program Point of Contact for this Agreement is Mr. Greg Muhonen and can be contacted at (970) 577-3581. VII.Scope of Work: Refer to Section III of this agreement and CO FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive Colorado Federal Lands Access Program Memorandum of Agreement. VIII. Financial Administration: A.Total Agreement Amount:Not to exceed $4,200,000.00 B.Funding Citations: 23 U.S.C. 201 and 204. C.Reimbursable Payment: The Servicing Agency will invoice the Requesting Agency on a monthly basis for a portion of the right of way acquisition expenses incurred for this project until such time that the Total Agreement Amount has been paid by the Requesting Agency. The Servicing Agency is limited to recovery of the matching share of actual costs incurred, as reflected in the invoice provided by the Servicing Agency. The Servicing Agency shall not incur costs which result in matching funds exceeding the maximum cost stated in this Agreement without authorization by the Requesting Agency in the form of written modification to this agreement. Upon receipt of the invoice of costs incurred and authorized, the Requesting Agency will issue payment via one of the methods listed below. Page 205 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 3 | Page The Servicing Agency will furnish a final Project Status Report detailing the funding usage on the project and calculations used to determine match funding requirements. The Servicing Agency requests that these payments be made through the US Treasury's website https://pay.gov. Pay.gov can be, used to make secure electronic payments to any Federal Government Agencies via credit card or direct debit. Payment shall be submitted referencing the FHWA/CFLHD-ID Agreement Number: DTFH68-14-E-00004 Option 1 (Preferred Method) Plastic Card or Automatic Clearing House Payment (ACH Direct Debit) Go to Treasury's website, https://pay.gov. Search for Agency Name Select the appropriate Transportation Agency Follow the form instructions to make your payment. Note: If making an ACH payment from your bank account, please select ACH Direct Debit as the payment type. Option2 •Mail check payment to the following address for Paper Check Conversion (PCC) processing: Make Check Payable To: DOT FHWA Mailing Address: Enterprise Service Center Federal Aviation Administration ATTN: AMZ-324/HQ Room 181 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 o Notice to customers making payment by check: Please notify cfl.finance@dot.gov if mailing a check. When you provide a check as payment you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check Page 206 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 4 | Page transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Privacy Act - A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting a nd collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available 1Torn our internet site at (PCCOTC.GOV), or call toll free;: at (1-800-624-137 to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method , Page 207 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 5 | Page IX.Modifications: Any modifications to the Agreement must be made in writing and agreed to by both parties. Such modifications are not binding unless they are in writing and signed by personnel authorized to bind each of the agencies. X.Agreement Completion: When the Requesting Agency has accepted all deliverables, the Servicing Agency will provide a written project evaluation and final accounting of project costs to the Requesting Agency contact. XI.Termination: This agreement will terminate upon the date specified in Section V or upon 30 calendar days prior written notification to the other party pursuant to the requirements of 2 C.F.R. §200.339. If this agreement is terminated by the Requesting Agency its liability shall extend to 100 percent of actual and reasonable costs of the items/services rendered and the costs of any non- cancelable obligations incurred prior to the effective date of termination. Further, should the Requesting Agency provide notice to terminate this agreement, the Requesting Agency shall, prior to the effective date of the termination, irrevocably pledge funds in the amount of 100 percent of actual and reasonable costs of the items/services rendered and the costs of any non- cancelable obligations incurred prior to the effective date of termination. The irrevocable pledge and repayment of the funds must comply with the provisions of 23 U.S.C. §201(d)(2). If this agreement is terminated by the Servicing Agency its liability shall extend only to the release of its work products and related materials to the Requesting Agency by the effective date of termination. Page 208 FHWA and Town of Estes Park, Colorado Reimbursable Agreement No. DTFH68-14-E-00004 February 18, 2021 6 | PagePage 209 Federal Highway Administration Federal Lands Highway AGREEMENT DTFH68-14-E-00004 Modification 004 PARTIES TO THE AGREEMENT Reimbursing Organization Organization to be Reimbursed Town of Estes Park, Colorado Federal Highway Administration Central Federal Lands Highway Division 12300 West Dakota Ave Lakewood, CO 80228 DUNS Number: 078355450 DUNS Number TIN: 126129936 POINTS OF CONTACT FOR THE AGREEMENT Reimbursing Organization Organization to be Reimbursed Finance Point of Contact Finance Point of Contact Name: Duane Hudson Name: Suzanne Schmidt Address: P.O Box 1200 Address: 12300 West Dakota Ave Estes Park, CO 80517 Lakewood, CO 802 Phone: 970-577-3560 Phone: 720-963-3356 E-mail:dhudson@estes.org E-mail:suzanne.schmidt@dot.gov Reimbursing Organization Organization to be Reimbursed Program Point of Contact Program Point of Contact Name: Greg Muhonen Name: John Knowles Address: P.O. Box 1200 Address: 12300 West Dakota Ave Estes Park, CO 80517 Lakewood, CO 80228 Phone: 970-577-3581 Phone: 720-618-9414 E-mail:gmuhonen@estes.org E-mail:john.knowles@dot.gov PERIOD OF PERFORMANCE LEGAL AUTHORITY From: see date of signature below 23 U.S.C. 201 and 204 To: March 31, 2024 TOTAL AGREEMENT AMOUNT PAYMENT TERMS AND SCHEDULE Original Agreement : $4,200,000 Admin. Modification 001 : $0 EFT Admin. Modification 002 : $0 Modification 003 : $0 Modification 004 : $0 Total Agreement Amount : $4,200,000 DESCRIPTION OF SUPPLIES, SERVICES, AND DELIVERABLES This agreement is for a full modified scope of work dated February 18, 2021 and the required local matching funds. See attached SOW ATTACHMENT 6 Page 210 AUTHORIZED APPROVALS For Reimbursing Organization For Organization to be Reimbursed Signature Date Signature Date Title Title Contracting Officer Revised 3/2010 Page 211 Page 212 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Laurie Dale Marshall, Community and Family Advisory Board Chair Date: March 9, 2021 RE: The Current State of Childcare in the Estes Valley Objective: Present information to the Town Board on the current state of childcare in the Estes Valley. Present Situation: The last Estes Valley Childcare Needs Assessment was conducted in late 2017 and a Final Report issued in February 2018. In light of ongoing challenges associated with the number and affordability of childcare spaces in the Valley, which have been exacerbated by the COVID-19 pandemic, the Board requested updated information about current needs, gaps, and unknowns about the state of childcare. The Community and Family Advisory Board (CFAB) included researching and providing this information to the Board as one of its 2021 Focus Areas. The Current State of Childcare The 2017 Needs Assessment estimated there were 489 children under age 6 in the Estes Valley, based on 2010 Census numbers and Estes Park Schools estimates. 2020 census figures are not yet available. School District Info •Kindergarten Enrollment: In 2017, the school district reported an average of 81 children per year entering Kindergarten o 2018/19 - 63 students o 2019/20 - 74 students o 2020/21 - 59 students Note: In Colorado, overall school enrollment is down about 3%, with much of that concentrated Kindergarten. We believe some Kindergarten parents made the decision at the beginning of this year to hold their child out of school, waiting to start next year when things are "normal." Page 213 •District Enrollment - 2020/21 School Year o Elementary School - 397 o Middle School - 221 o High School - 374 Note: These numbers include students who are enrolled in the Remote Learning Academy (RLA) Overall enrollment has been fairly steady over the last few years, with a slight decline in recent years. EPH info: •EPH Birthrates: o 2018 90 o 2019 83 o 2020 59* * National trend shows that increasingly, millennials prefer mid-level providers for delivery (mid-wife, etc.), and choose to have their babies where that option is available. EPH reports that this trend is primarily responsible for the 2020 decline, not COVID as might be assumed. COVID will impact 2021 deliveries as pregnancy rates are down. Also, decline in birth rate does not mean fewer babies living in Estes Park. A more accurate estimate of number of babies might be local pediatric caseloads. Community Info: •Two home providers have closed since 2017, reducing full-time licensed capacity from 104 to 92. •There are currently four licensed home providers serving age 0 to school age (limited to six each; two under 2 years old). •Mountaintop Childcare has taken over the YMCA Bennett location, and will be adding 10 slots for 1-2 year olds and 10 slots for 2-3 year-olds. (Increasing under 2 slots from six to 16 and finally adding center-based care for children at age 1 for the first time! This is a huge win!). •Part-day preschool capacity has not changed. (Part-day, partial week preschool instruction for children over 2.5. Does not meet the need for full day childcare.) o Park Place at EPES: capacity = 30; currently not full. o Life Long Learning of EV: capacity = 45, but they only accept 36; currently full. o EPS Preschool Expansion Plans: During the 2019-2020 EPS had planned to expand the preschool program to offer additional part-day slots, and to offer a full-day preschool option. Due to COVID, these plans were put on hold, and are currently being revisited. A decision has not yet been made. Page 214 •Vacancies/waitlists: Mountaintop has a few full-time openings; Park Place Preschool has AM and PM openings. Most home providers are at capacity, and three of them have current waitlists. Mountaintop is maintaining a waitlist. •EVICS is currently working with one unlicensed, legally operating provider (formerly licensed) which currently has a waitlist. EVICS plans to resume their Childcare Cohort this spring, a recruiting and training effort to increase licensed and unlicensed providers. •After School/Summer Care for school-age children: Currently, the Boys and Girls Club of Larimer County is offering after school care for students enrolled at Estes Park Elementary School. Funding has been committed from UWLC to continue Boys and Girls Club operations in Estes Park for the next 3 years, for both summer and school year operations. ($75K each year for next 3-years) •Parental/Provider input: Parents report that work hours have been very inconsistent throughout COVID due to closures, workforce reduction, type of employment, etc. Maintaining a job and supervising children’s learning from home has been extremely challenging. Parents and providers report they are very grateful for the scholarship program. Providers report that the scholarships have helped them stay open especially during COVID closures and fire evacuation. Progress on recommendations from Needs Assessment: The following are the seven recommendations from the 2017 Childcare Needs Assessment, with bulleted items below each, indicating any progress that has been made on each recommendation. o Consider options to help licensed providers raise tuition rates while maintaining affordability for families. Town established Childcare Funding Guidelines. EVICS covered scholarships during COVID closures and fire evacuation, so providers received income. o Work collaboratively toward a solution for addressing the infant/toddler care need. Town established a small grant pool to incentivize increased childcare capacity ($10,000 in 2020 and another $10,000 in 2021). Town awarded $5,000 to Mountaintop Childcare to assist with capital improvements to increase capacity for infants/toddlers. o Take proactive efforts to increase the number and quality of licensed family home providers while also retaining existing quality care providers. EVICS Cohort program was started but temporarily postposed due to COVID. Intention is to increase licensed and legally unlicensed family childcare providers Resuming Cohort Program this spring. EVICS offers free monthly Networking Nights to providers. o Continue coordinated education and outreach for the benefits of quality Page 215 early care and education provision; and the economic impacts of early care and education and the child care industry. Town staff regularly participates in regional partnership meetings including the Larimer County Strategic Planning - Infrastructure and Finance Committees, Larimer County Early Childcare Education Committee, and until recently the Estes Valley Childcare Collaborative (which is being folded into the CFAB). EVICS shares and promotes importance of investing in early years. Nancy Almond and Michael Moon to serve on newly formed Larimer County Early Childhood Public Funding Initiative Committee. This committee will work on a public funding option to become a ballot issue in November 2021. o Continue to support a diversity of childcare options in the Valley to improve quality, school readiness and parental trust in providers. Town contributed $5,000 toward community fundraising effort to maintain Boys and Girls Club program in Estes Park for summer of 2020. o Proactively track the key metrics for preschool age demand to evaluate the appropriate timeline for increased capacity at the preschool level. No known progress at this time. o Continue and expand support and education for non-licensed childcare in the Estes Valley. EVICS Cohort and Networking Nights open to all. Referrals, support and resources available. Cohort to resume Spring 2021. Page 216