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
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
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.
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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
*
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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;
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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
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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
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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
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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.
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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
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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
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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
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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]
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NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal
entity and political subdivision of the State of Colorado
By: Date:
General Manager
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CITY OF BOULDER, a municipal corporation
By: Date:
City Manager
ATTEST:
By:_____________________________________
City Clerk
APPROVED AS TO FORM:
By:____________________________________
City Attorney’s Office
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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
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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
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CITY OF GREELEY, a municipal corporation
By: Date:
City Manager
ATTEST:
By:_____________________________________
City Clerk
APPROVED AS TO FORM:
By:____________________________________
City Attorney’s Office
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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
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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
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IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the following
pages.
Remainder of Page Left Blank Intentionally]
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NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal
entity and political subdivision of the State of Colorado
By: Date:
General Manager
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CITY OF BOULDER, a municipal corporation
By: Date:
City Manager
ATTEST:
By:_____________________________________
City Clerk
APPROVED AS TO FORM:
By:____________________________________
City Attorney’s Office
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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
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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
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CITY OF GREELEY, a municipal corporation
By: Date:
City Manager
ATTEST:
By:_____________________________________
City Clerk
APPROVED AS TO FORM:
By:____________________________________
City Attorney’s Office
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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EXHIBITS A, B and C
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ATTACHMENT 1 EXHIBIT A LOT 38Page 121
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ATTACHMENT 1 EXHIBIT B LOT 37Page 123
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ATTACHMENT 1 EXHIBIT C MEETS & BOUNDSPage 126
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ATTACHMENT 2
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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
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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
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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
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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.
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RENDERINGS
From 1240 Lower Broadview
Intersection of
Moraine, Marys
Lake Rd & High
Drive
RENDERING of EXISTING VIEWSHED
From 1240 Lower Broadview
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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:
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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
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Questions
Estes Park Water Division
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Board of Trustees Public Comment Form
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comment.
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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
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compiled for Board distribution prior to the meeting.
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comment on an upcoming item please use the drop down below to select the Agenda item title.
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Public comment can be attached using the Upload button below or typed into the text box below.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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,
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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 ,
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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.
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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
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AUTHORIZED APPROVALS
For Reimbursing Organization For Organization to be Reimbursed
Signature Date Signature Date
Title Title Contracting Officer
Revised 3/2010
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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."
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•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.
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•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
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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.
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