HomeMy WebLinkAboutPACKET Town Board Study Session 2021-08-24August 24, 2021
5:00 p.m. – 6:45 p.m.
Board Room
4:30 p.m. -Dinner
In Person Meeting – Mayor, Trustees, Staff and Public
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/91077906778 Webinar ID: 910 7790 6778
CALL-IN (Telephone Option): 877-853-5257 (toll-free) Meeting ID: 910 7790 6778
If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be
available by phone for assistance 30 minutes prior to the start of the meeting at 970-577-4777.
5:00 p.m. Stormwater Utilities in Colorado & Stormwater Infrastructure
Maintenance in Estes Park. (Director Muhonen & Engineer Waters)
5:30 p.m. Sidewalk Maintenance Code Compliance Discussion.
(Director Muhonen)
6:00 p.m. Policy 671 – Town Funding of Outside Entities.
(Assistant Town Administrator Damweber)
6:35 p.m. Trustee & Administrator Comments & Questions.
6:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:45 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:30 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jennifer Waters, EIT, CFM, Civil Engineer I
David Hook, PE, Engineering Manager
Date: August 24, 2021
RE: Stormwater Utilities in Colorado & Stormwater Infrastructure in Estes Park
Purpose of Study Session Item:
Continue discussing implementation of the Board-adopted Stormwater Master Plan:
• Learn about stormwater utility fees in some other Colorado communities; and
• Consider unmet maintenance needs in the Town’s drainage system.
When stormwater management topics were presented at the TBSS on January 12, the
Board affirmed its commitment to 2021 Infrastructure Strategic Plan Goal 5.B.
Town Board Direction Requested:
Public Works recommends that the Board affirm support of the Draft 2022 Infrastructure
Strategic Plan Goals for well-maintained community facilities and flood risk mitigation.
Upon request, Public Works will respond with appropriate utility implementation and
information at future Town Board Meetings or Study Sessions.
Present Situation:
Since 2017, infrastructure goals and objectives addressing flood mitigation and funding
needs have existed in the Town’s Strategic Plan. The Estes Valley Stormwater
Management Project, completed in 2018, consists of a Stormwater Master Plan (SMP)
and the Stormwater Utility Feasibility Study (SUFS). The SMP makes reference to small
local projects and the need for maintenance of the drainage system. To allow time for
implementation, 2021 is the beginning year for funding and action in the 2018 SMP.
Without increased funding, personnel, equipment, and funding are insufficient to
respond to the stormwater damage complaints received frequently by the Public Works
Department. The funding described in the SUFS is needed immediately although a
utility will require about a year to implement.
Proposal:
Draft 2022 Infrastructure Strategic Plan Objectives 4.D.1 and 5.B.1 need support for:
• immediate funding for implementation so that maintenance is not delayed; and
• the imperative to develop funding for stormwater infrastructure and maintenance
through a utility.
Advantages:
• Implementing the SMP funding would fulfill goals 4.D and 5.A in the Strategic Plan
by reducing flood risk and increasing public safety due to drainage system
improvements and sustained maintenance.
• Implementing the SMP using utility proceeds would potentially enhance efforts to
secure the grant funding being pursued to fulfill objective 5.A.1 in the Strategic
Plan.
• Evaluating implementation options for a stormwater utility would fulfill goal 5.B in
the Strategic Plan.
• Funding improved infrastructure and ongoing maintenance would fulfill objectives
4.D.1 and 5.B.1 in the Strategic Plan.
• Initiating implementation of the Board-adopted 2018 SMP is local action to make
this community more resilient.
Disadvantages:
• Fees are inherently controversial, but the Town already acknowledged this fact
and moved forward with the SUFS.
• Revisiting a proposed stormwater utility rate structure will require investment of
staff time which will divert work effort available for other work demands; however,
Town staff spends more time continually managing drainage system disfunction.
Finance/Resource Impact:
In order to systematically and proactively maintain the existing stormwater infrastructure
and repair known deficiencies throughout the community, new equipment and a 3-
person maintenance crew are needed. The startup costs are estimated at $350,000
and the recurring annual maintenance costs are estimated at about $300,000. This
does not include major infrastructure projects in the two river basins as identified in the
SMP. The new stormwater maintenance crew could be funded through the imposition
of new user fees, sales tax, General Fund revenue, or a combination thereof.
Level of Public Interest
Public interest in the problem is low until flooding occurs. Public interest in fees will
probably be moderate. Individual citizens who contact Public Works with drainage
issues show strong support for implementing expanded maintenance effort.
Attachments:
1. Slide presentation
2. WKU Stormwater Utility Survey 2021 – pages 19 and 20 (Colorado list)
8/18/2021
1
Stormwater Master Plan
Implementation
TOWN BOARD STUDY SESSION AUGUST 24, 2021
Stormwater Utilities in Colorado
and Stormwater Infrastructure in Estes Park
Estes Valley Stormwater Management Project
On the shelf: Volume I – Stormwater Master Plan (SMP)
Volume II – Stormwater Utility Feasibility Study (SUFS)
On the ground: stormwater infrastructure and facilities
What do we have?
Strategic Plan: Infrastructure Goals 4 and 5
2018-19: Attempted stormwater utility (events & meetings)
2021: Revisit implementation funding concepts?
What do we want?
How do we get it?
_________________________________________________________________________________
_________________________________________________________________________________
Slide 2 from TBSS on January 12, 2021
Attachment 1
8/18/2021
2
Estes Valley Stormwater Management Project
✅Adopted Stormwater Master Plan (July 9, 2019).
✅Serious problem and responsibility to tackle: drainage system
maintenance is irregular due to inadequate staff and equipment.
What do we have?
✅Strategic Plan: Infrastructure Goals 4 and 5
Further progress on SMP implementation funding:
•Learn about stormwater utility fees in some other Colorado communities
•Consider unmet maintenance needs in the Town’s drainage system.
What do we want?
How do we get it?
_________________________________________________________________________________
_________________________________________________________________________________
We have reliable, efficient, and up-to-date infrastructure serving our community
and customers.
4. We will ensure that our facilities are well-maintained and meet the needs of
Town Departments.
5. We will pursue the implementation of the Stormwater Master Plan.
5.A. Pursue flood mitigation measures to reduce flood risk and increase public safety,
while minimizing flood insurance costs to the community.
5.A.1. Pursue grant funding for private and/or public flood mitigation projects.
5.B. Evaluate implementation options for a Stormwater Utility for the Estes Valley.
2021 Strategic Plan - Infrastructure
8/18/2021
3
We have reliable, efficient, and up-to-date infrastructure serving our community
and customers.
4. We will ensure that our facilities are well-maintained and meet the needs of
Town Departments and the community.
4.D. Upgrade and maintain our stormwater collection system to reduce the risk of
flooding and damage to public and private property.
4.D.1. Develop, fund, and implement a stormwater drainage system maintenance
program.
Draft 2022 Strategic Plan - Infrastructure
(Changes since 2021)
We have reliable, efficient, and up-to-date infrastructure serving our community and
customers.
5. We will be proactive in our approach to mitigating flood risks including pursuing the implementation of
the Stormwater Master Plan.
5.A. Pursue flood mitigation initiatives to reduce flood risk and increase public safety.
5.A.1. Pursue grant funding for private and/or public flood mitigation projects.
5.B. Evaluate implementation options for a Stormwater Utility for the Estes Valley.
5.B.1. Develop a funding proposal to expand stormwater infrastructure and maintenance through
a stormwater utility.
5.C. Explore the Community Rating System (CRS) program as a way to minimize flood insurance
costs to the community.
5.C.1. Initiate discussions with the Colorado Water Conservation Board and FEMA regarding the
process and costs of participating in the CRS program.
Draft 2022 Strategic Plan - Infrastructure
(Changes since 2021)
8/18/2021
4
Further progress on SMP implementation:
Stormwater utility fees in some other Colorado communities
_________________________________________________________________________________
_________________________________________________________________________________
Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Western Kentucky University
Stormwater Utility Survey 2021
40 stormwater utilities established in Colorado:
•2 counties (Adams & Larimer/Boxelder)
•1 authority (Southeast Metro Stormwater Authority –
Centennial & Arapahoe County)
•37 municipal jurisdictions (towns & cities)
digitalcommons.wku.edu/cgi/viewcontent.cgi?article=1003&context=seas_faculty_pubs
8/18/2021
5
Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Western Kentucky University Stormwater Utility Survey 2021 (page 19)
14 of 40 Colorado communities:
Adams County – Federal Heights
(see TBSS packet)
Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Western Kentucky University Stormwater Utility Survey 2021 (page 20)
26 of 40 Colorado communities:
Firestone – Woodland Park
(see TBSS packet)
8/18/2021
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Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Recent Stormwater Utility activity in Colorado
Town of Eagle
In 2020, the Town established a Stormwater Enterprise Fund in order to maintain
and improve the Town’s stormwater system. . . . Fees* charged to customers will be
utilized to maintain and improve detention ponds, water quality structures, storm
drain inlets culverts, etc.*Fees began January 21, 2021
City of Steamboat Springs
On January 12, 2021, the City Council directed staff to evaluate the feasibility of a
new stormwater utility to cover the expanding costs of drainage maintenance and
construction, water quality protection, and regulatory compliance.* On April 13, the
Council chose to approve issuance of an RFP to facilitate further decision-making.
*Steamboat Springs has a Regulated Small MS4.
Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Municipal Separate Storm Sewer System (MS4)
Estes Park has a small MS4 but is not a regulated
small MS4 covered by the Phase II Final Rule.
Urbanized Area (50,000 population)
Physically Interconnected (direct discharges to other MS4)
Potential Designation – Criteria:
•Discharge to sensitive waters;
•High population density;
•High growth or growth potential;
•Contiguity to UA;
•Significant contributor of pollutants to waters of the US; and
•Ineffective protection of water quality concerns by other programs.
How is a small MS4 designated as a regulated small MS4?
8/18/2021
7
Stormwater utility fees in some other Colorado communities______________________________________________________________________________________________
Stormwater fee structures in 15 Colorado communities
Regulated Small MS4s
1 – Loveland (78,877)
2 – Castle Rock (68,484)
3 – Englewood (34,917)
4 – Erie (27,003)
5 – Evans (21,205)
6 – Federal Heights (12,827)
7 – Firestone (16,177)
8 – Frederick (13,960)
9 – Sheridan (6183)
Small MS4s (non-regulated)
10 – Wellington (10,437)
11 – Woodland Park (7885)
12 – Eagle (6986)
Estes Park (6426)
13 – Silverthorne (4898)
14 – Lyons (2189)
15 – Idaho Springs (1786)
(2019 estimated population)
Stormwater utility fees in some other Colorado communities
Loveland
______________________________
Residential:
Less than 4000 sf $8.22
4000 – 5999 sf $10.25
6000 – 7999 sf $14.79
8000 – 9999 sf $18.52
10,000 sf and over $20.55
Institutional (per acre) $44.20
Commercial (per acre) $112.24
Industrial (per acre) $93.86
Castle Rock
_________________________________
Single Family Equivalent (SFE)
= 3255 impervious sf
_________________________________
Single family attached and detached residential
$7.12 for 1 SFE
Non-single family (multi-family and commercial)
Parcel size times 80% imperviousness divided by 3255 impervious sf
= number of SFEs x $7.12
Englewood
______________________________
$10.27 per month ($30.81 per
quarter) for single family
residential
$0.0257 per square foot of
impervious surface or $30.81
quarterly, whichever is greater
for commercial properties
______________________________________________________________________________________________
Monthly stormwater fee structures (regulated small MS4s)
Tier system Equivalent Residential Unit Fee per parcel acre
8/18/2021
8
Stormwater utility fees in some other Colorado communities
Erie
______________________________
Single Family Residential
Equivalent (SFRE)
= 5300 impervious sf
______________________________
Residential and Multi-Family
$11.98 per SFRE
Commercial and Irrigation
Impervious area divided by
5300 = number of SFREs x $11.98
Evans
_________________________________
Residential/Manufactured Home:
$9.93 per unit
Commercial, Industrial, and
Multifamily
Tier 1: (0-14,000 sf) $25.32
Tier 2: (14,000-45,000 sf) $50.63
Tier 3: (45,000 sf and larger) $60.88
Federal Heights
______________________________
Residential - $3.15 per single
dwelling unit
Mobile Home in Park - $2.60 per
mobile home
Common Area of Mobile Home
Parks - $0.00162 per sf
impervious area
All other improved lots and
parcels of land - $0.00162 per sf
impervious area
______________________________________________________________________________________________
Monthly stormwater fee structures (regulated small MS4s)
Equivalent Residential Unit Fee per parcel acre Impervious Area
Stormwater utility fees in some other Colorado communities
Firestone
____________________________________
Single Family/Duplex Lots
Undeveloped = Lot Area x $0.0000088 + $1.09
Developed = $7.00 (up to 10,000 sf); $9.39 (10,001-20,500 sf); $16.28 (more than 20,501 sf)
____________________________________
Commercial/Industrial/Multi-Family/Irrigation
Undeveloped = Lot Area x $0.0000088 + $1.09
Developed = $7.00 + IA x $0.00154 (up to 10,000 sf); $9.39 + IA x $0.00154 (10,001-100,000 sf); $16.28 + IA x $0.00154 (more than 100,001 sf)
Frederick
_________________________________
Residential $7.25
Industrial land, per acre $39.58
Commercial land, per acre $52.38
Town land, per acre - Exempt
Sheridan
______________________________
Residential parcel
$3.00
Commercial parcel
$5.00
Note: fee is per parcel number,
not property address.
______________________________________________________________________________________________
Monthly stormwater fee structures (regulated small MS4s)
Fee per parcel acre Two-level systemImpervious Area
8/18/2021
9
Stormwater utility fees in some other Colorado communities
Wellington
______________________________
Residential customers
$5.00
Commercial customers
$9.25
Woodland Park
_________________________________
Single Family Residential,
Townhome, Condominiums and
Apartments
$2.00
Commercial
$2.00 for the first 3000 sf + $0.67
per additional 1000 sf
Silverthorne
______________________________
Residential properties
$3.33 ($10.00 per quarter)
Commercial properties
$16.67 ($50.00 per quarter)
______________________________________________________________________________________________
Monthly stormwater fee structures (non-regulated small MS4s)
Two-level system Two-level systemTwo-level system
Stormwater utility fees in some other Colorado communities
Lyons
______________________________
Every parcel
$10.00
Idaho Springs
_________________________________
Sales Tax Improvement Fund:
5% annually of the revenue to
Stormwater Utility Fund (est. 2006),
or $25,000, whichever is less.
Eagle
______________________________
Residential accounts
$3.00
Commercial accounts
$6.00
Note: Sprinkler accounts are
exempted.
______________________________________________________________________________________________
Monthly stormwater fee structures (non-regulated small MS4s)
Tax Fund Two-level systemFixed rate
8/18/2021
10
Further progress on SMP implementation:
Unmet maintenance needs in the Town’s drainage system
_______________________________________________________________________
_______________________________________________________________________
Unmet maintenance needs in the Town’s drainage system______________________________________________________________________________________________
Maintenance is important enough to be funded by a stormwater utility
in other Colorado communities.
Aurora (Equivalent Residential Unit)
This fee covers our cost of maintaining the storm drain system.
Brighton (Tier system)
The City performs routine maintenance of the municipal storm sewer system to reduce flooding and
remove pollutants.
Cañon City (Impervious Area)
The fee is used to protect and maintain the quality of water in our river, streams, and the city
watercourses and administer the City’s MS4 permit which includes maintenance of facilities.
Grand Junction (Equivalent Residential Unit)
The Street Systems stormwater crew is responsible for inspecting, maintenance and repair of the
stormwater system. This includes cleaning plugged drainage structures and drainage pipes, removing
debris from storm drain inlets, and repairing or replacing defective drainage structures or pipes.
8/18/2021
11
Unmet maintenance needs in the Town’s drainage system______________________________________________________________________________________________
The Town’s Streets Division includes a Supervisor + crew of three.
Year Hours Labor
2016 249 $6018
2017 255 $7406
2018 105 $3345
2019 49 $1567
2020 161 $4774
Streets Division work on
Stormwater Drainage
Best maintenance year: only 3% of crew time spent on drainage.
Less than 10% of the drainage
system is “touched” in a year with
some problem areas getting repeat
visits every few months.
The current reaction approach to system maintenance
needs is inefficient and unsustainable as the drainage
infrastructure continues to deteriorate.
Unmet maintenance needs in the Town’s drainage system______________________________________________________________________________________________
The Town’s Streets Division needs a Supervisor + crew of six (three
additional crew members dedicated to drainage system work).
Stormwater maintenance would become proactive, rather than reactive.
This enhanced crew would deliver year-round stormwater management with
results for infrastructure maintenance and improved runoff water quality.
Upgraded Stormwater Maintenance: $350,000/year
Local improvement projects from the Stormwater Master Plan would be planned and constructed.
Inventory data and locations for drainage system elements would be added to the Town’s GIS.
Management of citizen requests for drainage system services would occur using technology.
8/18/2021
12
V. RECOMMENDATIONS
1.Establish a new Stormwater
Enterprise . . .
2.Enact user fees based primarily upon
their parcel’s impervious area.
3.For the initial years focus upon local,
less expensive projects . . .
4.Track actual revenues . . .
5.Remain vigilant for grant funding . . .
On the shelf:
Volume II – Stormwater Utility
Feasibility Study
Slide 7 from TBSS on January 12, 2021
Unmet maintenance needs in the Town’s drainage system______________________________________________________________________________________________
Fund $350,000 for stormwater maintenance and local projects with a stormwater utility.
Estes Park
Fixed rate or
Two-level system
Impervious Area or
Equivalent Residential Unit
_____________________
~ 5450 parcels
~ $8/month*
*includes estimated
monthly administrative
cost
Estes Park
______________________
_
$TBD
Impervious area information
purchased from consultant
in 2018 for Town and County
parcels
Estes Park
General Fund or
Tax Fund (2024)
_______________________
$350,000
2022 Service Proposal
8/18/2021
13
Public Works recommends that the Board affirm support of the Draft 2022
Infrastructure Strategic Plan Goals for well-maintained community facilities and flood
risk mitigation. Upon request, Public Works will respond with appropriate utility
implementation and information at future Town Board Meetings or Study Sessions.
Proposed next steps:
•Confirm possible partnership with Larimer County again.
•Continue to seek grant funding opportunities.
•Further discussions about stormwater utility rate structure.
Estes Valley Stormwater Management Project
Further progress on SMP implementation funding:
✅Learn about stormwater utility fees in some other Colorado communities
✅Consider unmet maintenance needs in the Town’s drainage system.
✅Learn about stormwater utility fees in some other Colorado communities
✅Consider unmet maintenance needs in the Town’s drainage system.
Questions and discussion.
_____________________________________________________________________________________
19
Western Kentucky University Stormwater Utility Survey 2021
No. Community State Fee Type ERU (ft2) Fee Year Created Population
59 San Clemente CA T $5.10 1993 63,522
60 San Diego CA W $0.95 1990 1,307,402
61 San Jose CA T $7.87 1982 945,942
62 San Marcos CA F $1.77 2001 83,781
63 San Ramon CA F $1.92 1993 73,333
64 Santa Clara County CA V 1,784,642
65 Santa Clarita CA F $2.12 1994 176,320
66 Santa Cruz CA T $1.77 1994 59,946
67 Santa Monica CA R 1995 89,736
68 Santa Rosa CA F $1.96 1996 167,815
69 South San Francisco CA V 1994 63,632
70 Stockton CA E 2,347 $2.10 291,707
71 Tracy CA E 3,140 $1.20 84,266
72 Vallejo CA F $1.97 115,942
73 Vista CA F $1.80 93,834
74 Woodland CA T $0.48 55,468
75 Adams County CO A $6.90 2012 469,193
76 Arvada CO IA $4.26 2002 106,433
77 Aurora CO E 2,500 $10.46 2002 345,803
78 Berthoud CO F $3.50 1989 5,105
79 Boulder CO R $19.83 1974 310,048
80 Brighton CO T $5.50 2011 35,719
81 Canon City CO IA $11.09 2004 16,318
82 Castle Rock CO E 3,255 $7.12 2002 48,231
83 Colorado Springs CO A $5.00 2005 416,427
84 Denver CO T $12.75 1980 649,495
85 Englewood CO A $1.39 30,255
86 Erie CO E 5,300 $11.98 2003 19,723
87 Evans CO A $9.43 1998 18,537
88 Federal Heights CO IA $3.15 2001 11,973
Attachment 2
20
Western Kentucky University Stormwater Utility Survey 2021
No. Community State Fee Type ERU (ft2) Fee Year Created Population
89 Firestone CO IA $7.00 2009 11,175
90 Fort Collins CO R $17.00 1986 152,061
91 Fountain CO V 25,846
92 Frederick CO A $7.25 2008 10,196
93 Golden CO IA $4.22 1997 19,393
94 Grand Junction CO E 2,500 $3.00 2015 61,881
95 Greeley CO A $23.34 2002 96,539
96 Idaho Springs CO V 2006 1,717
97 Lafayette CO F $9.38 2007 24,453
98 Lakewood CO D $4.09 1998 147,214
99 Larimer County CO T 315,988
100 Littleton CO A $2.84 1986 44,275
101 Longmont CO A $13.05 1984 89,919
102 Louisville CO E 3,500 $4.71 2007 19,588
103 Loveland CO T $14.53 1987 71,334
104 Lyons CO F $10.00 2018 2,148
105 Northglenn CO A $2.00 2004 37,499
106 Parker CO E 4,000 $7.49 1999 48,608
107 Pueblo CO A $5.36 2003 108,249
108 Sheridan CO D $3.00 2005 5,874
109 Silverthorne CO D $3.33 2020 4,673
110 Southeast Metro Stormwater Authority CO T $8.61 2006
111 Wellington CO D $5.00 2008 8,516
112 Westminster CO T $6.00 2001 110,945
113 Windsor CO R $6.62 2003 20,422
114 Woodland Park CO D $2.00 1994 7,153
115 New London CT T $7.50 2018 27,569
116 Washington DC T $2.67 601,723
117 Lewes DE F $5.00 2010 2,747
118 Newark DE E 1,620 $3.54 2017 33,398
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, PE, Public Works Director
Date: August 24, 2021
RE: Sidewalk Maintenance Code Compliance
Purpose of Study Session Item:
Discuss private party and Town obligations to repair damaged curb, gutter and sidewalk
in the public rights of way as set forth in the Estes Park Municipal Code.
Town Board Direction Requested:
Staff seeks Town Board direction regarding the philosophy and content of potential
changes to Title 12 of the Estes Park Municipal pertaining to responsibility and process
for completing repairs to public curbs, gutters, and sidewalks.
Present Situation:
• CRS Title 42 assigns responsibility for curbs and appurtenances outside of the traveled
roadway to the local government.
• Title 12 of the Estes Park Municipal Code (EPMC) assigns this responsibility to the
individual owners of the parcels adjacent to the public rights of way. This is common
practice in cities and towns.
• The Town maintains only the curbs, gutters, and sidewalks on, or adjacent to, Town
property. Additionally, the Town maintains the multi-use trails depicted in the adopted
Master Trails Plan.
• The repair process codified in the EPMC has not been adhered to in many years. It
contains five procedural steps:
The Town Board must determine when and where repairs are needed.
Staff must document this in a Resolution and present it for Board consideration.
Staff must issue a written notice for the property owner to complete the repairs in
30 days.
If the repairs are not completed, the Town is obligated to complete the work and
bill the property owner.
If the bill is not paid within 30 days of receipt of billing, the Town is required to
forward the charge to the Larimer County Treasurer for collection with property
taxes owed.
Proposal:
PW staff believes the existing codified process is cumbersome, obsolete, and
ineffective. A wide spectrum of alternative actions exist, including:
1. Take no new action. Focus on maintaining multiuse trails and sidewalks adjacent to
Town property. Let the private property owners make repairs to their adjacent segments
as they are able.
2. Elevate enforcement. Follow the adopted process and bring Resolutions to the Town
Board directing the adjacent property owners to complete repairs of known hazards.
3. Simplify the EPMC process. Delete the Resolution requirement & empower the Town
Engineer to identify repair needs and notify property owners of their obligation to
complete the needed repair work. Expand the 30 day deadlines.
4. Start fresh. Create a new collaborative process that combines the Town’s project
management resources with private property funds to complete concrete repairs
annually in a cost-effective and timely fashion. Cost options range from the property
owner paying 100%, the Town paying 100%, or other cost sharing schemes as
determined in further discussion.
Advantages:
• Revising the adopted process is expected to improve public safety through attentiveness to
completing repairs of trip hazards and drainage impediment in the public rights of way.
• Reduction of trip hazards and repairs of broken curb improve the attractiveness and visitor
appeal of our community.
Disadvantages:
• Overhauling the existing repair regulations is a new, added demand on limited staff
resources; however, improving the safety and appearance of our public sidewalks has
offsetting and enduring value.
• Elevated requirements for property owners to spend money on repairs that they have
historically neglected is likely to elevate conflict and objection; however, completing this
work diminishes personally liability for damage claims resulting from trip-and-fall accidents.
Finance/Resource Impact:
Proposal options 1, 2, and 3 have no direct cost impact to the Town budget, as these
actions can be implemented administratively by existing staff. Option 4 could cost up to
several hundred thousand dollars per year depending on the cost-sharing preferences
of the Town Board. Larger public agencies with rigorous concrete repair programs have
engineering staff designated exclusively to implementing these cost-sharing programs.
Level of Public Interest
Staff initiated this discussion. The perceived low level of public interest is believed to
reflect unawareness rather than indifference or disagreement. Improved education of
private property responsibility is likely to elevate public interest.
Attachments:
1. Presentation slides
8/18/2021
1
Town of Estes Park
Department of Public Works
Town Board Study Session
Report
August 24, 2021
PRESENTATION OVERVIEW
Current
Regulations
Other
Community
Programs
Future
Action
Options
Discussion
Attachment 1
8/18/2021
2
3
Current Regulations
Sidewalk Maintenance Code Compliance
•CDOT maintains the
state highway
traveled surfaces.
•State law assigns
responsibility for the
curb, gutter,
sidewalk, and storm
sewer to the local
agency. The Town
makes repairs only
on, or adjacent to,
Town-owned
property.
4
Current Regulations
Sidewalk Maintenance Code Compliance
In response, the Town assigns this maintenance duty to the owner of
the adjacent property. The Estes Park Municipal Code says:
12.20.040 - Repair required.
All sidewalks, curbs and gutters shall be maintained with an even surface in good repair and in conformity with the
established grade of the streets along which they are constructed.
12.20.050 - Notice of repair; collection of costs.
(a)Whenever the Board of Trustees, by resolution, determines that the construction of any sidewalk, curb or curb and
gutter, or repair is necessary for the public safety, it shall be the duty of the owner of the property adjacent to or upon
which the improvement is to be constructed or repaired to construct or repair the same in accordance with the
specifications of the resolution. Upon the passage of such a resolution, a notice in writing shall be served upon the
owner or agent in charge of such premises to construct or repair such sidewalk, curb or curb and gutter within thirty
(30) days after the receipt of the notice. The notice shall be served upon the owner or agent in charge of the premises
if found within the Town, and if not, the notice may be served by certified United States mail, return receipt requested,
addressed to such owner at his or her last known address; or in lieu of service by mail, the notice may be served by
publication in two (2) issues of some daily or weekly newspaper published in the Town
8/18/2021
3
5
Current Regulations
Sidewalk Maintenance Code Compliance
The private property owner is also responsible to remove snow
within 24 hours and pay the Town for any damage caused.
12.20.060 - Removal of snow and ice.
(a) It is unlawful for any property owner, tenant, lessee, or occupant owning or occupying any lot, block or a parcel(s)
of real property within the Town to allow any snow or ice, or both, to remain upon any sidewalk on or abutting said
property longer than twenty-four (24) hours from the last accretion of snow or ice on the sidewalk.
(b) It shall be unlawful for any person to place, deposit, shovel or plow snow on to any portion of a street or sidewalk
which physically interferes with the movement of vehicles, bicycles, and/or pedestrians on the street or sidewalk.
(c) It shall be unlawful for any person to remove snow, ice, mud, dirt or debris from any sidewalk, by utilizing a
method that damages the sidewalk, including curbs, curb walks, trees located in the sidewalk or street lights of the
Town.
(d) If a person damages the Town sidewalks, streets, driveways constructed as continuation of sidewalks, curbs, curb
walks, drainage swales, trees in a sidewalk, street lights of the Town, or street furniture (benches, planters), said
person shall be responsible for all costs of the Town in repairing or replacing the damaged property, and shall
promptly pay the costs thereof upon notification by the Town of the cost.
6
Current Regulations
Sidewalk Maintenance Code Compliance
The adopted repair process in the EPMC has five procedural steps:
1. The Town Board must determine when repairs are needed.
2. Staff must document this in a Resolution for Board consideration.
3. Issue a written notice for the property owner to complete the repairs
in 30 days.
4. If the repairs are not completed, the Town is obligated to complete
the work and bill the property owner.
5. If the bill is not paid within 30 day of receipt of billing, the Town
shall forward the charge to the Larimer County Treasurer for
collection with property taxes owed.
8/18/2021
4
7
Current Regulations
Sidewalk Maintenance Code Compliance
The public sometimes alerts the Public Works office of repair needs in
public sidewalks. We inform callers that the repairs are the
responsibility of the adjacent property owner.
8
Current Regulations
Sidewalk Maintenance Code Compliance
Some damage lingers for years when no complaints are received.
8/18/2021
5
9
Current Regulations
Sidewalk Maintenance Code Compliance
Why doesn’t the Town actively enforce this published repair regulation?
•It is administratively time-consuming to document the repair needs,
solicit Town Attorney support to prepare a Resolution, and put this
on the Town Board agenda for discussion and adoption.
•The 30 day repair deadline is often unreasonably short for hiring a
contractor. This is compounded by long winter conditions in Estes.
•The repair areas are small and unattractive to bidding contractors.
Costs are relatively expensive as there is no economy of scale.
•The PW staff is obligated to add the incomplete repairs to existing
large project work load, and create more administrative work for
others in order to receive repayment.
10
Other Community Programs
Sidewalk Maintenance Code Compliance
City of Loveland
Concrete Repair/Damage
City Municipal Code (Chapter 12.20 [PDF]) states that property owners are responsible for the repair of adjacent curb,
gutter and sidewalk. The City of Loveland operates three separate concrete replacement programs. The City may
participate in the following ways:
Target Area Program
The annual Street Resurfacing-Concrete Rehabilitation Program repairs damaged curb and gutters, at no expense to
the homeowner, when the street has been identified for resurfacing or reconstruction.
Blanket Bid Program
The Blanket Bid Program is a citywide concrete program which provides concrete repair services to all departments of
the City. Contractors are used to repair concrete damage that has been caused by things like City utility installations or
City utility repairs.
Cost Share Program
Homeowners are required to get three bids from concrete contractors and provide the City with copies of those bids
prior to beginning work. The City will reimburse the property owner up to 50% of the lowest bid received by the
homeowner.
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11
Other Community Programs
Sidewalk Maintenance Code Compliance
Minor Concrete Repair
The concrete repair work is performed in response to resident requests and in accordance
with the City's damage assessment and repair rating program. City crews' efforts typically
involve repair or replacement of broken sidewalks and curbs/gutters where utilization of
contractors is not feasible due to time constraints, scheduling conflicts or on smaller
projects that are not economical to complete by contract. Crews also grind and repair
sidewalk panels which are out of alignment and present trip hazards, and perform
maintenance and repairs of guard rails located throughout the City.
Larger concrete repairs are completed in advance of any asphalt overlay work. City staff
will inspect and mark with pink spray paint which curb, gutter, sidewalk, and other
associated concrete flatwork will be removed and replaced.
City of Longmont
12
Future Action Options
Sidewalk Maintenance Code Compliance
How would the Town Board like the Public Works staff to
proceed on addressing unmaintained curb, gutter, and
sidewalk in public rights of way?
1. No new action. Focus on maintaining multiuse trails
and sidewalks adjacent to Town property. Let the
private property owners make repairs to their adjacent
segments as they are able.
2. Elevate enforcement. Follow the adopted process and
bring Resolutions to the Town Board directing the
adjacent property owners to complete repairs of
known hazards.
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13
Future Action Options
Sidewalk Maintenance Code Compliance
How would the Town Board like the Public Works staff to
proceed on addressing unmaintained curb, gutter, and
sidewalk?
3. Simplify the EPMC process. Delete the Resolution
requirement & empower the Town Engineer to identify
repair needs and notify property owners of their
obligation to complete the needed repair work.
4. Start fresh. Create a new collaborative process that
combines the Town’s project management resources
with private property funds to complete concrete
repairs annually in a cost-effective and timely fashion.
DiscussionDiscussion
TOWN ADMINISTRATOR’S
OFFICE Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: August 24, 2021
RE: Revisiting Policy 671: Town Funding of Outside Entities
Purpose of Study Session Item:
Discuss Policy 671: Town Funding of Outside Entities. This item is coming before the
Board at its request.
Town Board Direction Requested:
Provide direction to staff regarding any desired changes to Policy 671 and/or guidance
regarding the 2022 budget for Outside Entity funding.
Present Situation:
In recognition of the important role that outside entities play in meeting the needs of
local residents, the Town budgets funds each year that can be applied for by outside
entities in three categories: 1) Base Funding, 2) Community Initiative Funding, and 3)
Event Sponsorships. The table below shows how much was budgeted for these
purposes each year beginning in 2014 (Policy 671 was initially created in 2018):
While applicants for Community Initiative Funding and Event Sponsorships vary from
year to year, the Town typically provides each of the nine entities eligible for Base
Funding with about the same amount each year. Base Funding awards for 2021 are as
follows:
2014 2015 2016 2017 2018 2019 2020 2021
Base Funding -$ -$ -$ -$ 200,300$ 226,436$ 249,500$ 244,500$
Community Initiative Funding -$ -$ -$ -$ 31,176$ 17,900$ 99,999$ 33,700$
Community Service Grants 139,250$ 191,900$ 142,900$ 128,500$ -$ -$ -$ -$
Events Sponsorships -$ -$ -$ -$ 7,000$ 7,000$ 7,000$ 5,500$
Pre-Base "EDC"30,000$ 44,250$ 44,250$ 44,250$ -$ -$ -$ -$
Pre-Base "Crisis Advocates"13,000$ 13,000$ 13,000$ 13,000$ -$ -$ -$ -$
Pre-Base "Via"28,500$ 30,000$ 30,000$ 30,000$ -$ -$ -$ -$
Total 210,750$ 279,150$ 230,150$ 215,750$ 238,476$ 251,336$ 356,499$ 283,700$
Outside Entity Funding (2014-2021)
The Town Board last revised Policy 671 in January 2021. The revision made exempts
other taxing districts and organizations that exist for the purpose of providing financial
support and/or fundraising for taxing districts from eligibility for Community Initiative
Funding.
This Study Session is being held as requested by the Town Board at its July 13, 2021
meeting to further discuss the policy.
Proposal:
Staff proposes that the Board discuss Policy 671: Town Funding of Outside Entities and
provide direction to staff regarding any desired changes to the policy and/or guidance
regarding the budget for Outside Entity funding.
Advantages:
N/A
Disadvantages:
N/A
Finance/Resource Impact:
N/A
Level of Public Interest
Medium
Outside Entity Base Funding Award Amount (2021)
Crossroads Ministry 32,000$
EP Economic Development Corp 51,500$
Estes Park Housing Authority 30,000$
EP Nonprofit Resource Center 10,000$
Estes Valley Crisis Advocates 16,000$
Estes Valley Investment in Childhood Success 30,000$
Salud Family Health Center 22,000$
Via Mobility Services 35,000$
Estes Valley Watershed Coaltion 18,000$
Total 244,500$
September 14, 2021
• Larimer County Early Childhood Policy –
Potential Ballot Measure
• Quarterly CompPAC Update
• Pre-Election Town Board Compensation
• Western Heritage MOU
September 28, 2021
• The Future of Fire Safety in the Estes
Valley
• Trustee Talks and Mayor’s Chat
Meetings
• Fund Balance Policy Review
October 12, 2021
• Trailblazer Broadband Project Update
Items Approved – Unscheduled:
• Park Planning and Pocket Parks
• Distributed Energy Discussion
• Downtown Loop Updates as Necessary
Items for Town Board Consideration:
• Paid Parking Program Results and
Recommendation for 2022
Future Town Board Study Session Agenda Items
August 24, 2021