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HomeMy WebLinkAboutPACKET Town Board 2022-03-08The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 8, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT 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 8, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. 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. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION – ESTES PARK WOMAN’S CLUB. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated February 22, 2022 and Study Session Minutes dated February 22, 2022. 3.Estes Park Planning Commission Minutes dated January 18, 2022 (acknowledgment only). 4.Parks Advisory Board Minutes dated January 20, 2022 (acknowledgment only). Prepared 02-25-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5.Transportation Advisory Board Minutes dated January 19, 2022 (acknowledgment only). 6.2022 Annual Review of Art in Public Places Guidelines. 7.2022 Art in Public Places (AIPP) Yarn Bombing Application. 8.Art in Public Places (AIPP) Bronze Hondius Sculpture Donation. 9.Purchase Order for a Sauber Three-Phase Reel Trailer, $102,944 - Budgeted. 10. Resolution 22-22 Amendment #1 to the CDOT Grant Agreement for Design of Two Large Vehicle Bays to Store Two Electric Battery Trolley Buses (CDOT PO #491002610). 11. Resolution 23-22 Agreement for the Use of the Northern Colorado Law Enforcement Training Center by a Governmental Entity. 12. Resolution 24-22 An Intergovernmental Agreement for Technical Support Services with Platte River Power Authority. LIQUOR ITEMS: 1.RESOLUTION 25-22 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR BIRD’S NEST LLC DBA BIRD’S NEST, 1221 HIGH DRIVE, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.CONSENT ITEMS: A.REQUEST FOR WITHDRAWAL, RESOLUTION 19–22 AND RESOLUTION 20- 22, CAMPBELL SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT, TBD SOUTH SAINT VRAIN AVENUE, MARK AND MARY CAMPBELL, OWNER, CMS PLANNING & DEVELOPMENT, C/O FRANK THEIS, APPLICANT. Planner Woeber. The property owner is withdrawing the Campbell Subdivision Preliminary and Final Plat applications. ACTION ITEMS: 1.RESOLUTION 26-22 FACILITIES MASTER PLAN. Manager Landkamer. The Facilities Master Plan delivers planning and financing recommendations for the major repair and/or replacement of Town buildings. REQUEST TO ENTER EXECUTIVE SESSION: To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4}(a), C.RS., 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.RS., and 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.RS. – Regarding a potential development agreement for the Fish Hatchery property. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, February 22, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 22nd day of February, 2022. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Scott Webermeier Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None. Mayor Koenig called the regular 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/Bangs) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The next Police Auxiliary meeting would be held in person and topics would include a training on wildlife and traffic; sign-up for the Citizen’s Police Academy would begin March 7, 2022; members of the Police Auxiliary have continued to volunteer with the Marshall Fire recovery; members of the Board would be working to find housing for the displaced seven families due to the closure of the Islander Apartments; the Comprehensive Plan Advisory Committee met and reviewed the vision and guiding principles for the plan; a presentation of the comprehensive planning process was provided to the Estes Park Planning Commission, and annexations were discussed as a result; and Western Heritage has determined to no longer hold the rodeo parade due to financial and personnel expenses. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek requested and it was determined staff would provide a proposal for a permitting process for outdoor concerts in regards to noise issues. It was also determined to hold the Special Study Session virtually for March 1, 2022. In-person meetings would resume March 8, 2022. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated February 8, 2022 and Town Board Study Session Minutes dated February 8, 2022. 3.Estes Park Board of Adjustment Minutes dated January 4, 2022 (acknowledgment only). 4.Comprehensive Plan Advisory Committee Minutes dated January 13, 2022 (acknowledgement only). DR A F T Page 3 Board of Trustees – February 22, 2022 – Page 2 5.Purchase Order for a 2019 John Deere Excavator for $100,343.08 - Budgeted. 6. Resolution 16-22 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Bird’s Nest LLC dba Bird’s Nest, 1221 High Drive, Estes Park, Colorado for March 8, 2022. 7. Resolution 17-22 Intergovernmental Agreement for a Grant to Upgrade Water Meters with the Bureau of Reclamation for $75,000 - Budgeted. 8. Reappointments to the Estes Park Housing Authority: •William Pinkham, five-year term beginning February 1, 2022 and expiring January 31, 2027. •Pete Smith, five-year term beginning May 1, 2022 and expiring April 30, 2027. It was moved and seconded (Webermeier/Younglund) to approve the Consent Agenda, and it passed unanimously. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.CONSENT ITEMS: A. RESOLUTION 19–22 AND RESOLUTION 20-22, CAMPBELL SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT, TBD SOUTH SAINT VRAIN AVENUE, MARK AND MARY CAMPBELL, OWNER, CMS PLANNING & DEVELOPMENT, C/O FRANK THEIS, APPLICANT. Planner Woeber presented the request for continuance citing additional staff review of the item. It was moved and seconded (Younglund/Cenac) to continue Resolution 19- 22 and Resolution 20-22 to March 8, 2022, and it passed unanimously. 2.ACTION ITEMS: A. RESOLUTION 18-22 FIRST SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. Mayor Koenig opened the public hearing and Planner Woeber presented Resolution 18-22 for the Condominium Map of Building E within the Meadows at Wildfire Condominiums. Per the Estes Park Development Code, a condominium map must be submitted and approved to depict the precise location of each building. Lonnie Sheldon/Van Horn Engineering was available for questions. Thomas Keck/County citizen questioned how many electric chargers would be included in the development. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Webermeier) to approve Resolution 18-22, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 21-22 INCORPORATING THE ESTES VALLEY MASTER TRAILS PLAN ADDENDUM #1 AS AN ELEMENT OF THE ESTES PARK COMPREHENSIVE PLAN. Engineer Barr and Director Garner presented Resolution 21-22. The Estes Valley Master Trails Plan was adopted by the Estes Valley Recreation and Park District in 2016 with Town and County support. The Trails Plan was previously included as an element of the Comprehensive Plan in 2016 to further a unified approach to trail planning in the Estes Valley. The addendum would address trail opportunities, gaps, and deficiencies which were not originally included in the Trails Plan. Frank Theis/County citizen spoke regarding financial impacts to property owners which may have to build trails as a result of new development. He spoke regarding DR A F T Page 4 Board of Trustees – February 22, 2022 – Page 3 a specific project and the redundancy of trails located on both the west and east side of Highway 7. The Board discussed ex-parte communications of specific projects, amendments to the Estes Park Development Code, types of sidewalks required for developments, and the benefits of identifying potential trail routes. It was moved and seconded (Younglund/Webermeier) to approve Resolution 21-22, and it passed unanimously. 2.INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. It was moved and seconded (Bangs/Cenac) to appoint Trustee MacAlpine and Webermeier to the Estes Park Planning Commission Interview Committee, and it passed unanimously. 3.INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. It was moved and seconded (Younglund/Webermeier) to appoint Mayor Pro Tem Martchink and Trustee Younglund to the Family Advisory Board Interview Committee, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 7:57 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 5 Town of Estes Park, Larimer County, Colorado February 22, 2022 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 22nd day of February, 2022. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Director Bergsten, Manager Landkamer, Superintendent Eshelman, Legal Counsel White and Deputy Town Clerk Beers Absent: None Mayor Koenig called the meeting to order at 4:45 p.m. FACILITIES MASTER PLAN FINAL DRAFT. Manager Landkamer provided an overview of the Facilities Master Plan final draft including key findings, options, financing considerations, recommendations and next steps. Key findings determined Town Hall has served beyond its useful life, additional investment in the building would not be economical, and the Police department spaces were identified as inadequate. A public meeting and survey were conducted in December of 2021 with a majority of comments in support of a presence downtown, moving the Police department and some services outside of downtown, maintaining the library presence downtown, support for utilizing vacated Town Hall space to help address housing affordability, maximizing online services, preference for services in one location and keeping costs low. Financing and funding options included: bonds, certificates of participation, rebates, incentive programs, grants, property disposal/redevelopment and sales tax. Chief Kufeld reviewed concerns for the existing Police facility which included: overall safety of officers and citizens; vehicle safety; prisoner transport; improved evidence control, processing and storage with climate control; private dressing rooms for officers with decontamination control; permanent emergency operations center; and meeting areas for the department and for meeting with the community. Land acquisition opportunities were considered a high priority. Board questions have been summarized: whether land acquisitions would require a vote of the people; whether the survey resulted more specific information related to the preferred services offered downtown; and whether staff have identified a cost analysis for potential options. Staff would bring the Master Plan to the March 8, 2022 Town Board meeting for Board consideration. NORTHERN WATER INCLUSION PROCESS. Legal Counsel White stated the Town municipal system receives raw water from four sources: Glacier Creek Treatment Plant, the United States Bureau of Reclamation, Colorado Big Thompson (CBT), and Windy Gap (WG). There are requirements for both CBT and WG water which restricts distribution to properties located within the Northern Colorado Water Conservancy District (NCWCD). An ordinance was passed in 1998 to include all properties located within town boundaries into the NCWCD. Since 1998 the Town has incorporated annexed properties and new developments into the NCWCD for municipal water distribution. Through the adoption of Ordinance 09-21, the Town approved a water service agreement with the YMCA of the Rockies which included 132 units of CBT water. The NCWCD would not agree with the transfer of the units or any future units until all properties receiving municipal water distribution are included in the DR A F T Page 6 Town Board Study Session – February 22, 2022 – Page 2 NCWCD. The Town can consider an ordinance to include identified properties located within Town limits into the NCWCD. Properties located outside of Town limits would require individual petitions for each property owner, submitted to the Bureau of Reclamation and NCWCD for consideration. Petitions would incur a filing and facility fee for reimbursement of the 1 mil levy to the district. Staff anticipates the execution of all petitions to be a multi-year operation. Staff would begin drafting an ordinance in the next 90 days, and letters would be sent to all property owners requesting execution. ENVIRONMENTAL SUSTAINABILITY TASK FORCE (ESTF) RECOMMENDATIONS. The ESTF presented an overview of recommendations at the February 8, 2022 study session. Staff recommended incorporating any code changes in conjunction with the Comprehensive Plan adoption. Staff requested Board direction and feedback on the recommendations and specifically for implementation during the 2022 year. Mayor Koenig relayed input from Platte River Power Authority Director Frisbie related to infrastructure needs required in order to provide adequate supply for a coordinated electric vehicle grid. Board comments have been summarized: support was heard for a number of recommendations identified in the report; support for a Sustainability Manager; concerns regarding the lack of outreach with local organizations and partnership opportunities on initiatives; determining prioritization of the 51 recommendations and formalizing a plan for implementation; incorporating the recommendations into the strategic planning process; and whether the Town could consider converting to electric fleet vehicles in the future. Director Bergsten stated the Platte River Power Authority and the five participating municipalities have discussed developing a Master Plan regarding sustainability. Staff would review the recommendations and feedback from the Board and bring a prioritized list for review to a future meeting. RENAMING REQUEST FOR A PORTION OF CHILDREN’S PARK TO “WOMEN’S HERITAGE PLAZA”. On November 5, 2021, the Town received a request to rename a portion of the Children’s Park to “Women’s Heritage Plaza” at the site of the new Estes Park Women’s Monument. Policy 208 – Naming of Town-Owned Parks, Open Spaces and Facilities stated the following conditions must be met: compelling reasons to consider the change; thorough study of the change consisting of a public hearing at a regularly scheduled Town Board meeting and unanimous vote by the Board. Staff requested Board consideration to schedule a public hearing for the renaming. The Board agreed and it was determined to schedule the public hearing to consider the renaming request for a portion of the Children’s Park to “Women’s Heritage Plaza” at a future Town Board meeting. SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES – POLICY 1.10 SELF-MONITORING OF THE BOARD. Mayor Koenig requested comments from the Board and hearing none, closed the discussion. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to move the Stanley Park Master Plan to approved/unscheduled and to schedule a discussion on the rotating weekly Mayor and Trustee meetings for March 22, 2022. There being no further business, Mayor Koenig adjourned the meeting at 6:25 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 7 Page 8 Town of Estes Park, Larimer County, Colorado, January 18, 2022 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 18 day of January 2022. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Chief Building Official Gary Rusu, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician LJ Baur, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: none Chair Comstock called the meeting to order at 1:30 p.m. LauraJane Baur, the new Planning Technician, was introduced. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 5-0. It was requested by the applicant to move the Large Vacation Home Review to Action Item 3 PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Centurione) to approve the consent agenda. The motion passed 5-0. ACTION ITEMS 1.Election of Officers Commissioner Hanson nominated the current Chair and Vice-Chair to continue their respective positions. It was moved and seconded (Hanson/Centurione) to appoint Matt Comstock Chair and Matt Heiser Vice-Chair for 2022. The motion passed 5-0. 2.Golden Leaf Minor Subdivision Senior Planner Woeber reviewed the staff report. The 4.44± acre site is within the E- 1 (Estate) Zone District. Currently, there are two residences on the property, with the smaller residence located at the northeast of the site originally constructed in 1936 and a larger, two-story residence dating from 1924. The applicant requests a third lot approved through the Minor Subdivision process. Installation of a new water main and sewer line is required. Tom Bergman, VanHorn engineering, was available for questions and comments, noting that access to the property is from James Street. The shared driveway was necessary due to the large rock outcropping on the lot. The slope reduction calculation for minimum lot size was based on three locations on the original lot, which Public Works reviewed. Vice-Chair Heiser requested viewing the lot calculations. Heiser questioned the validity of adding a water main for a Minor Subdivision. Attorney Kramer did not see a problem with this due to the extensive review by the affected agencies. Page 9 Planning Commission – January 18, 2022 – Page 2 It was moved and seconded (Heiser/Hanson) to continue hearing this item after Action Item 3. Discussion on lot slope calculations was had. Heiser was not comfortable approving this subdivision without further analyses. It was moved and seconded (Heiser/Elkins) to continue the Golden Leaf Minor Subdivision to the February 15, 2022 meeting. The motion passed 5-0. 3.Large Vacation Home Application, 907 Prospect Park Dr., Jason Brown, Owner Director Garner reviewed the Large Vacation Home amended application. The approval is for six bedrooms and a total of 14 occupants. The applicant believes they were previously approved for five bedrooms and 12 occupants, with one of the bedrooms being considered a loft. They have since added two bedrooms and are now requesting seven bedrooms and 16 occupants. Attorney Kramer stated that the Planning Commission does not have the authority to resolve the bedroom discrepancy, only to approve the current application for 14 occupants. CBO Rusu confirmed that the house was initially designed as a four-bedroom home, and an additional two bedrooms were legally added, making it a six-bedroom home. If the owner could get a designer to classify the den as a bedroom adequately, a 16-person occupancy could be attained. It was moved and seconded (Hanson/Heiser) to approve the application as presented. The motion passed 5-0. DISCUSSION ITEMS Director Garner spoke on the Comprehensive Plan progress. January 27 is a planned Spanish-speaking presentation at the Community Center from 6:00 – 8:00 p.m. The Environmental Sustainability Task Force has shown interest in planning a joint meeting with CompPac sometime around Earth Day The two Commissioners whose terms expire in March are asked to reapply. REPORTS Planner II Bergeron reported that the CPAW recommendations for the Development Code would be discussed at the February study session for the Commission to review. There being no further business, Chair Comstock adjourned the meeting at 3:18 p.m. _______________________________ Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 10 Town of Estes Park, Larimer County, Colorado, January 20, 2022 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of January, 2022. Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Nelson- Hazelton, Papineau, and Wilcocks Attending: Chair Elliot; Members Berry, Nelson-Hazelton, and Papineau; Trustee Cenac; Supervisor Berg; and Recording Secretary McDonald Absent: Vice-Chair Poggenpohl, Member Wilcocks Chair Elliot called the meeting to order at 8:03 a.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATES Trustee Cenac summarized the Town Board’s current ballot initiatives: discontinuing the full-text newspaper publication of passed ordinances; discontinuing the newspaper publication of bills and statements concerning contracts and rebates; and whether the Town government’s existing tax revenue should be used without restriction for community priorities, such as public safety and emergency management. In upcoming meetings, the Town Board and Parks Division would be discussing the Parks Master Plan, Art in Public Places (AIPP), and Thumb Open Space (TOS) Management Plan. APPROVAL OF MINUTES DATED DECEMBER 16, 2021 It was moved and seconded (Nelson-Hazelton/Berry) to approve the December 16, 2021, meeting minutes, and the motion passed unanimously. ART IN PUBLIC PLACES GUIDELINES REVIEW AND TOWN BOARD STUDY SESSION FOR FEBRUARY 8, 2022 Chair Elliot noted that some updates had been suggested for the AIPP policy and guidelines since the December PAB meeting. It was agreed that the PAB would table formal adoption of these AIPP documents until after the Town Board Study Session on February 8, 2022, and that it would be good for the PAB to review the final documents once a year. THUMB OPEN SPACE DRAFT MANAGEMENT PLAN Supervisor Berg advised that the TOS Draft Management Plan continues in the reviewing phase and would be due for legal review today in preparation for the Town Board Study Session on February 8, 2022. Input received at the Town Board Study Session on January 11, 2022, focused primarily on the Plan’s Guided Climbing Instruction section. The Executive Summary was cleaned up and shows that the monitoring of vehicle counts would be fine-tuned by volunteers, Parks staff, and mechanical photographic sensors. Discussion points included language clarity issues in the Plan, which Member Papineau volunteered to help resolve before today’s deadline; the land’s history with the Estes Valley Land Trust (EVLT); the anticipated popularity of the TOS for students and other locals, particularly dog owners; and whether and how future advertising would encourage official climbing companies and groups. Supervisor Berg advised that the trailhead has poor reception for the use of QR codes for current information and restrictions to be communicated to visitors. It was agreed that the PAB conditionally supports the current draft Plan, but it was moved and seconded (Papineau/Nelson-Hazelton) that PAB members would review the draft Plan prior to the February Study Session, and the motion passed unanimously. Supervisor Berg advised that the Plan, once finalized, be reviewed yearly by the PAB, and then every five to seven years. 2021 INITIATIVES REVIEW AND 2022 INITIATIVES PLANNING Page 11 Parks Advisory Board – January 20, 2022 – Page 2 Chair Elliot facilitated discussion points of the 2021 PAB Priority Initiatives and Steps: consultation with Estes Park Elementary School Principal John Bryant about the school’s potential involvement with 2022 Mountain Fest; the PAB’s ongoing work with the Town Board on the AIPP program; the need for collaboration of time and resources with the Power & Communications Department on the utility box art project; the development status of Big Thompson Recreation Picnic Area, which should be open by July 4, 2022; native landscaping progress at Mrs. Walsh’s Garden, for which Members Papineau and Berry agreed to volunteer; the Town Board Study Session on January 25, 2022, regarding the development of Pocket Parks and the merging of the Parks and Bond Master Plans through a 2022 budget amendment or the 2023 budget; and support for the Estes Valley Watershed Coalition’s (ELSA) ongoing activities. Member Nelson-Hazelton will invite ELVT’s Jeffrey Boring to a future PAB meeting; she had also been referred to Larimer County and the National Park Service to discuss fire restoration issues. For the PAB’s 2022 Initiatives Planning, Chair Elliot will develop and share a Google Document for member collaboration. OTHER BUSINESS Supervisor Berg reiterated that the Parks Department would be busy with Town Board activities through the month of February. Other projects in process are the name change application for the Estes Park Women’s Monument and interviews for Parks Maintenance Worker. Flowers have been ordered. Member Papineau commented that the Town’s advisory board terms have been adjusted to end on March 31, rather than December 31, for all appointments after three years. Further discussion points included the Estes Park Museum’s definition of historical items, and determining the location of the most recent inventory of Town-owned art (Recording Secretary McDonald will research). It was also agreed that the PAB would consider following the Town Board’s lead when it reassesses, in February, whether to meet virtually or in person while public health remains a concern. There being no further business, Chair Elliot adjourned the meeting at 9:08 a.m. /s/Lani McDonald, Recording Secretary Page 12 Town of Estes Park, Larimer County, Colorado, January 19, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 19th day of January, 2022. Board: Chair Morris; Vice-Chair Street; Members Bernal, Ekeren, Finley, Gamble, Hanick, Moulton, and Slack Attending: Chair Morris; Vice-Chair Street; Members Bernal, Ekeren, Finley, Gamble, Hanick, Moulton, and Slack; Director Muhonen; Managers Barr, Hook, and Solesbee; Trustee Bangs; John Hannon, RMNP; and Recording Secretary McDonald Absent: Chair Morris called the meeting to order at 12:06 p.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Trustee Bangs reported no new information. APPROVAL OF MINUTES DATED DECEMBER 15, 2021 It was moved and seconded (Street/Slack) to approve the December 15, 2021, meeting minutes, and the motion passed unanimously. NEW OFFICER INTRODUCTIONS Chair Morris welcomed new members Kristen Ekeren and Javier Bernal to the TAB, and each offered a brief personal and professional introduction. Current members then offered brief introductions that specified their TAB service time and particular areas of interest. ENGINEERING UPDATES Manager Barr presented the Phase 1 and 2 plans for Graves Avenue Improvements, noting that the plans are at the 90 percent stage and eligible for review at TAB’s discretion. Presentation points included a description of the restriping for parking spaces, driveways, and sidewalks of the North Side Graves Avenue and Brodie Avenue Sidewalk Extensions; a description of the bumpout islands and crosswalk rebuilding for the South Side Graves Avenue Sidewalk Extension; and the driveway and mid-block crossing work for Graves Avenue and Community Drive. The plans will be posted to the website for public review and comment, and the Town Board will review the plans and comments in February 2022. Discussion points included grading to be done around a retaining wall and railing; temporary and permanent easements being negotiated; and the potential for 2022 Safe Routes to School (SRTS) funding. It was agreed that no special TAB meeting would be held for further review of the plans; in the meantime, Manager Barr invites questions and comments. Manager Hook reported on the two design projects for the Fall River Trail, with final plans expected in February 2022; the TAB would be welcome to call a special meeting to review the final draft. The Master Trails Plan draft Addendum #1 was presented to the Estes Valley Recreation & Park District (EVRPD) Trails Committee on January 11, 2022, and to the EVRPD Board on January 18, 2022; receipt was favorable but without quorum vote. The Plan will be presented to the Town Board in February for action, with a letter of support from the TAB. Pedestrian bridge inspections continue and will be reported at the February TAB meeting. The Downtown Wayfinding project will be under contract this month, with a 2023 construction plan in development for guiding pedestrian wayfinding. The project will include a public engagement meeting with breakout sessions and discussion topics moderated by Restorative Justice facilitators. Chair Morris proposed that the TAB be involved at the project’s conceptual, 30 percent, and final stages; Page 13 Transportation Advisory Board – January 19, 2022 – Page 2 involvement dates will be determined over the next three months. Director Muhonen advised that using leftover bridge trusses for pedestrian bridges that cross a river is not economical, but that such trusses would be useful for other purposes. PROJECT/ADMINISTRATION UPDATES Director Muhonen advised that the TAB new member orientation with Member Ekeren had been completed and orientation with Member Bernal would be scheduled. It was agreed that veteran members would provide valuable mentoring support, and that mentoring time could be privately arranged; Members Slack and Gamble volunteered to serve as mentors to Members Ekeren and Bernal. ESTES PARK MIDDLE SCHOOL OUTREACH Chair Morris met with Estes Park Middle School Principal Janet Fanning, who had been unfamiliar with the work of the TAB. Discussion points of their meeting included the TAB’s collaborative efforts with various Public Works projects; the importance of expanding awareness, engagement, and education regarding alternative transportation methods (beyond “Walk to School Day” and “Bike to School Day”) into a comprehensive, whole- community effort; the value of the TAB inviting a student’s perspective on transportation issues; and the school’s interest in reviving its Wellness Committee, with TAB participation, to enhance the engagement, education, and advocacy efforts for changing daily behaviors around multi-modal transportation. It was agreed that the SRTS engineering initiatives are supported and strengthened by the TAB’s efforts to engage and educate the greater community on transportation topics and projects. Director Muhonen advised that a student participating on the TAB would be considered, per bylaws, as a public guest without voting eligibility. Trustee Bangs advised that the Youth in Action program also connects students to community board opportunities. PARKING & TRANSIT UPDATES Manager Solesbee advised that the Downtown Parking Task Force is managing parking experience feedback submitted to the Estes Chamber of Commerce in November 2021, and would invite further discussion among stakeholders in the downtown core. It was agreed that education about paid parking reveals its big-picture, environmental benefits, and that these benefits and other ideas should be on paper for the public. Collaboration on 2022 parking program updates continues with The Car Park. Presenting Estes Transit’s 2021 Year-End Report & 2022 Preview, Manager Solesbee showed that the ridership rate for both Estes Transit and Bustang recovered in 2021. Public outreach to riders and drivers garnered mostly positive feedback, with requests for expanded service and signage. Strategic partnerships continue. Sponsorship in 2021 provided more than $13k from 18 sponsors, and $17k is the target sponsorship amount for 2022. Grant dollars for both 2021 and 2022 support administration, operations, a second trolley and trolley facility, and redesign of the Visitor Center Parking Lot and Mobility Hub. After the printing of Manager Solesbee’s current report, an additional $52k was granted for 2022 administration and operations. Trolley battery and warranty issues were discussed. Focus areas for 2022 include summer service and possibly sharing a staff person with RMNP; the 2022 Bustang-to-Estes Park service season following the same schedule (May-October) as the Red Route Trolley Service; grant projects management; and seeking consultation for new branding and strategic marketing of Estes Transit, including the possible development of a Zero-Emission Fleet Transition Plan. TAB comments and questions included the status of planning conversations with the YMCA, and the involvement of the TAB and Town Board in those conversations; potential route and destination changes; and the current usage of Winter Trolley Service. 2021 TAB PRIORITIES REVIEW AND 2022 TAB PRIORITIES PLANNING Chair Morris will compile the 2021 TAB Priorities Review and invites topics for 2022 TAB Priorities Planning. Lists will be provided before the February TAB meeting. 2022 ELECTION & VICE-CHAIR Vice-Chair Street announced that he would not seek to renew his term. It was moved and seconded (Slack/Gamble) to renew Chair Morris’s term, and the motion passed unanimously. Chair Morris summarized the Vice-Chair responsibilities and asked for Page 14 Transportation Advisory Board – January 19, 2022 – Page 3 nominations. It was moved and seconded (Hanick/Street) to elect Member Ekeren as Vice-Chair, and the motion passed unanimously. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 2:05 p.m. /s/Lani McDonald, Recording Secretary Page 15 Page 16 PUPLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: March 8, 2022 RE: 2022 Annual Review of Art in Public Places Guidelines (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek approval from the Town Board for the two content changes recommended by the Parks Advisory Board (PAB) in the Art in Public Places (AIPP) Guidelines. Present Situation: The PAB and staff review the AIPP annually to keep the document current and applicable for use by art donors. Proposal: PAB and staff identified two areas in the AIPP that needed clarification. On page 21 under Maintenance Guidelines for Works of Art, item D. Regular Maintenance, the present text states: Town Parks Division staff, paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. We recommend this be changed to: Town staff from the department in possession of art work(s), paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. On page 24 under Installation within the ROW, item E is recommended to be added as follows: Page 17 When installations are proposed within the ROW, project planners shall confirm the proposed art will not interfere with planned future road expansions or sidewalk/multiuse path installations. Advantages: •The first suggested change will assign regular maintenance responsibilities to the department that possesses the artwork and take the burden off the Parks Division to have to maintain all works of art owned by the Town. •The second suggested change recommends looking to any future expansion of roads, sidewalks, or multiuse path installations so the artwork will not have to be moved to another location to accommodate planned infrastructure construction. Disadvantages: •Departments that possess artwork will have to develop plans to implement a regular maintenance schedule for the upkeep of said art. •Extra research may be needed before installing works of art. Action Recommended: Each department will need to identify the art it owns and how best to move forward. Before any installation of art in the public right-of-way, research will have to be completed to ensure that the art’s placement will not interfere with future construction projects. Finance/Resource Impact: The budget and resource impacts will depend upon the relevant department’s commitment to ownership and necessary maintenance of that artwork. Level of Public Interest Low Sample Motion: I move for the approval/denial of the PAB and staff’s recommended changes to the Art in Public Places Guidelines. Attachments: 1.Art in Public Places (AIPP) Guidelines – Revised Draft Page 18 Page 1 ART IN PUBLIC PLACES GUIDELINES TOWN OF ESTES PARK, COLORADO Revised on August 29, 2019 Attachment 1 Page 19 Page 2 Table of Contents ACKNOWLEDGMENTS .................................................................................................................................... 4 INTRODUCTION................................................................................................................................................. 5 TOWN ORDINANCE .......................................................................................................................................... 6 DEFINITIONS ...................................................................................................................................................... 6 FUNDS FOR WORKS OF ART ......................................................................................................................... 8 Reserve Account Established .............................................................................................................................. 8 ADMINISTRATION AND CURATORIAL SUPPORT .................................................................................. 9 Parks Advisory Board (PAB) .............................................................................................................................. 9 Curatorial Support Services Provider .................................................................................................................. 9 GUIDELINES ....................................................................................................................................................... 9 SELECTING WORKS OF ART ......................................................................................................................... 9 Direct Purchase ................................................................................................................................................. 10 Open Competitions ............................................................................................................................................ 11 DISPLAY OF ART IN PUBLIC SPACES ....................................................................................................... 12 OWNERSHIP OF WORKS OF ART ............................................................................................................... 13 Exemptions of Ownership of Works of Art ...................................................................................................... 13 ACQUISITION OF WORKS OF ART ............................................................................................................ 13 TEMPORARY PUBLIC WORKS OF ART .................................................................................................... 14 ARTIST SELECTION CRITERIA .................................................................................................................. 14 SITE SELECTION FOR WORKS OF ART ................................................................................................... 15 Display Standards .............................................................................................................................................. 15 Town Department Input .................................................................................................................................... 16 POST-SELECTION PROCESS ........................................................................................................................ 16 Contracts ............................................................................................................................................................ 16 Public Disclosure ............................................................................................................................................... 16 DONATING A WORK OF ART....................................................................................................................... 17 Background and Definitions .............................................................................................................................. 17 Process for Consideration .................................................................................................................................. 17 Review Considerations ...................................................................................................................................... 18 DE-ACCESSIONING A WORK OF ART ....................................................................................................... 18 Basis for De-Accessioning ................................................................................................................................ 19 Process/Disposition ........................................................................................................................................... 19 MAINTENANCE GUIDELINES FOR WORKS OF ART ............................................................................ 20 Goal ................................................................................................................................................................... 19 Process ............................................................................................................................................................... 20 Page 20 Page 3 Implementation .................................................................................................................................................. 21 PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) .................................. 22 Goal ................................................................................................................................................................... 22 Installations Adjoining the ROW ...................................................................................................................... 23 Installations within the ROW ............................................................................................................................ 23 APPENDIX ........................................................................................................................................................... 25 CONTRACT FOR COMMISSION OF ARTWORK ....................................................................................... 25 ARTWORK DONATION FORM .................................................................................................................... 31 ARTWORK LOAN AGREEMENT ................................................................................................................. 33 REQUEST FOR PROPOSALS ........................................................................................................................ 34 UTILITY BOX ART ......................................................................................................................................... 36 Page 21 Page 4 ACKNOWLEDGMENTS The Estes Park Parks Advisory Board would like thank the following, and acknowledge their valuable input to development of these guidelines. City of Loveland, Colorado, Visual Arts Commission City of Fort Collins, Art In Public Places Program Town of Vail, Art In Public Places Strategic Plan Greeley Art Commission and City of Greeley, Colorado, Art Master Plan City of Grand Junction, Colorado, Art In Public Places Program Executive Director of the Estes Park Museum Executive Director of the Cultural Arts Council of Estes Park Page 22 Page 5 INTRODUCTION These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park (Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request of the Town Board. They describe the process and criteria to be used when evaluating potential public works of art and projects. The guidelines also detail the administration of the Art In Public Places program. Following is a definition of public art as it applies to the Estes Park program. In its broadest sense, public art is any original creation of visual art that is: •Acquired with public monies, •Acquired with a combination of public/private funding, •Acquired by donation or on loan to the Town’s Art In Public Places program or •Privately sponsored artwork that is located on publicly owned land, easements, or on publicly owned equipment. Examples of public art include, but are not limited to: •Sculpture of any form and in any material or combination of materials to include statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; •Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; •Crafts and folk-art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics and other materials; •Kinetic and/or interactive sculptures; •Site-integrated artwork created by landscape designers and artists which may include landscapes and earth-works, integration of natural and human-made materials, and other functional art pieces. Examples of site-integrated works may include building features, paving materials, gates, and street furniture. •Painted or wrapped utility equipment boxes (e.g., transformers, switches) The AIPP program enriches our community through public exposure to the arts. The program is achieved through a collaboration of Estes Park residents, businesses, Page 23 Page 6 organizations, art community, and Estes Park K-12 school programs to develop a diverse art collection that creates a sense of place, provides a unique town identity, offers educational opportunities and serves as an economic driver. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. TOWN ORDINANCE Town Ordinance No. 08-15 establishes the Art In Public Places program under the auspices of the Parks Advisory Board of the Town of Estes Park. DEFINITIONS A.Art In Public Places means any visual work of art displayed for two weeks or more in an open town-owned area, on the exterior of any Town-owned facility, inside any Town- owned facility in areas designated as public areas, or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or grants procured by the Town. B.Curatorial Support Services Provider means the individual, entity or organization if selected by the PAB to provide recommendations for installation and maintenance of the various types of art in the collection. C.Documentation includes, but is not limited to, periodic condition reports, records of actual maintenance performed and an assessment of those efforts, photographs, artist’s maintenance recommendations, methods and materials, information, potential problems with the work of art, finishes information (e.g., painters name; when, where, what, and how the piece was finished), quality of materials used, installation information, warranties and professional and other knowledgeable opinions regarding preservation and maintenance. The documentation may also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. D.Guidelines means this document prepared, and annually reviewed and updated by the Parks Advisory Board. E.Maintenance will be performed according to a scheduled piece-specific plan to clean, repair, and preserve each work of art in the Town’s public collection. A maintenance plan for outdoor works of art placed in landscaped settings may include regular tree/shrub pruning or, when necessary, re-planting to maintain desired sight lines for viewing the Page 24 Page 7 work of art. All maintenance plans will include a means to assess the ongoing effectiveness of preservation. F.Mass Produced means a work of art that has been reproduced for mass distribution. G.Mural means any work of visual art painted or applied directly on a wall, ceiling or other large permanent surface. Murals include no picture, symbol or device of any kind that relates to a commercial business, product or service offered on the premises where the mural is located. H.Parks Advisory Board (PAB) refers to the Board created in Resolution No. 12-14 of the Municipal Code. I.Patron means a person who gives financial or other support to an organization, cause or activity. J.Preservation includes placement; installation; security; regularly scheduled maintenance and emergency repairs (with consideration to the natural process of aging). K.Project means an existing plan or proposal where installation of a work of art may be under consideration. L.Reserve account means the AIPP reserve account defined by these guidelines. The AIPP reserve account shall not be used for acquiring or funding: 1) reproductions or unlimited editions of original work; 2) objects that are mass produced; 3) architectural rehabilitation or historical preservation; or 4) other works deemed, by the PAB, to be inappropriate for the Town’s collection. M. Site refers to a specific location being considered for or currently displaying a work of art. N.Town Board refers to the elected officials serving as Trustees of the Town. O.Work of art means all forms of original creations of visual art, including but not limited to:✓Paintings of all media, including both portable and permanently affixed works such as frescoes and murals;✓Sculptures of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration;✓Crafts and folk-art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials;✓Kinetic and/or interactive sculptures;✓Site-integrated artwork created by landscape designers and artists to include landscapes and earth-works, integration of natural and human made materials, and other functional art pieces. Site-integrated works may include building features, gates, street furniture, and paving materials. Page 25 Page 8 FUNDS FOR WORKS OF ART A.The Town Board may allocate in its annual General Fund Budget, funds for an Art In Public Places program. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. B.Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In accepting a donation, the Town expects that funds for the transport, site preparation and installation of the piece will accompany the donation. The funds shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. C.Patrons may donate funds for the acquisition of a piece of art for the AIPP program. In accepting the donation, the Town will allocate a portion of the donation for transport, site preparation and installation of the piece. The fund shall be placed in the reserve account for the AIPP program and may be expended as defined in these guidelines under “Reserve Account Established” below. D.An artist may donate a piece of art to the Town for the AIPP program. In accepting the donation, the Town may, at its discretion, accept responsibility for funding the transport, site preparation and installation of the piece. E.Patrons may sponsor the decoration of utility boxes as a donation to the Town. These projects will be fully funded by the patron with no funds other than the base fee going to the Town. These projects will meet established guidelines and be subject to approval by the Parks Advisory Board and Town Board before acceptance. Reserve Account Established A reserve account for the Art In Public Places program may be established. Funds deposited in the reserve account may only be expended for the acquisition, installation, maintenance and repair of works of art, costs associated with de-accessioning works of art, and expenses of administration of the AIPP program. Funds in the AIPP reserve account may come from the Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for works of art shall be paid into the reserve account. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Funds in the AIPP reserve account shall not be used for: 1) purchasing reproductions or unlimited editions of original work; 2) purchasing objects that are mass produced; 3) architectural rehabilitation or historical preservation; or 4) other works deemed inappropriate for the collection. Page 26 Page 9 ADMINISTRATION AND CURATORIAL SUPPORT Parks Advisory Board (PAB) Administration of the AIPP program is the responsibility of the Parks Advisory Board with administrative support from the Public Works Department. The PAB shall consist of members living in the Estes Valley School District as set forth in the PAB bylaws. The PAB shall establish and amend, with Town Board approval, criteria and guidelines governing the selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art. Selection and placement of works of art shall be in conjunction with representatives of the Town Board and the Town department having responsibility for maintenance of the work of art. Following placement or installation, maintenance and repair of works of art shall be the responsibility of the Town department having possession of the work(s), with the advice and guidance of the PAB. Any proposed works of art requiring extraordinary operation or maintenance expenses shall require prior approval of the department head responsible for such operation or maintenance. Curatorial Support Services Provider A representative of the curatorial support services provider may serve as an ex- officio and nonvoting member of the PAB. The role of the curatorial support services provider shall be to perform such duties as set forth in these guidelines as they pertain to the Town’s Art In Public Places program. The curatorial support services provider may be reimbursed for actual expenses incurred for curatorial support. The Town Clerk shall maintain a detailed record of all art in public places, including but not limited to accession numbers, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. GUIDELINES The Parks Advisory Board shall adopt guidelines: A.To identify suitable works of art for the Town collection; B.To facilitate the preservation of works of art that may be displayed in public places; C.To prescribe a method or methods for competitive selection of works of art for display; Page 27 Page 10 D.To prescribe procedures for the selection, acquisition and display of works of art in public places; E.To set forth any other matter appropriate to the administration of the AIPP program; F.To recommend approval of patron commissioned art on utility boxes to the Town Board SELECTING WORKS OF ART In performing its duties with respect to AIPP program, the PAB will strive to integrate the creative work of artists into public projects to thereby increase our residents’ and visitors’ experience and improve the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape in particular. In doing so, special attention shall be given to the following: A.Conceptual compatibility of the design with the immediate environment of the site; B.Appropriateness of the design to the function of the site; C.Compatibility of the design and location with a unified design character or historical character of the site; D.Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art; E.Preservation and integration of natural features of the site; F.Appropriateness of the materials, textures, colors and design to the expression of the design concept; G.Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design and media throughout the community. Selection of a work of art may be PAB or otherwise initiated. These guidelines apply in both instances. Additional guidelines apply to donations of works of art and they may be found in other sections of this document. Direct Purchase The PAB may purchase existing artwork from an artist/owner in unique circumstances (e.g., when the price presents an economic advantage) or to meet one of the AIPP program goals. The PAB may approach an artist or an artist may approach the PAB. Page 28 Page 11 Artists who have a finished work of art that they wish the PAB to consider for purchase should submit the following to the PAB: A.A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date produced, price, location, number of reproductions, restrictions on reproduction, and other information the artist deems pertinent; B.A resume and references; C.A maquette and/or images or the actual work for review. (Images may be provided electronically or by hard copy and should show all sides, providing the proper scale of the work); D.A cover letter explaining why the work should be added to the Town’s public art collection; E.A conservation assessment describing the artwork’s condition, along with a maintenance plan. (The plan should include an explanation of the expected life span of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed. It should also discuss whether the artwork may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist.); F.The PAB may request additional information. Open Competitions Competitions are open to artists within the geographic limits and other specifications set by the PAB (which vary from competition to competition). The PAB strives to maintain balance between competitions involving local artists only and artists from a larger area. The PAB process for typical competitions is as follows. A.The PAB provides a project description, budget, time schedule, and summary of duties and obligations; B.The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, recommended installation and maintenance requirements, budget, photographs, resume and references. C.Proposals shall be considered by the jury, and a final choice or choices will be presented to the PAB for recommendation to the Town Board. Jury composition varies and is determined by the PAB, but juries typically include representative(s) from the designated site and the PAB. Acceptance of art will be the responsibility of the Town Board. Page 29 Page 12 D.Entry materials will be returned to the artist only if requested and appropriate packaging, postage and insurance are included with the entry by the artist. The names of selected artists may be obtained from the Chairperson of the PAB or Public Works staff. The Parks Advisory Board recognizes that works of art often significantly alter public places, becoming a new, major presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The AIPP program shall endeavor to bridge this gap by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. DISPLAY OF ART IN PUBLIC SPACES A.Works of art selected and implemented pursuant to the provisions of this chapter may be 1)placed in, on or about any public place; or 2) by agreement with the owner thereof, placed on any private property with substantial public exposure in and around the town. Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the PAB. B.All art in public places shall receive the prior review and approval of the Town Board. None shall be removed, altered or changed without the prior review and approval of the Town Board. C.No work of art financed either wholly or in part with Town funds or with grants procured by the Town shall be installed on privately owned property unless the following condition is met. a.A written agreement must be prepared and signed by the Chairperson of the PAB, acting on behalf of the Town, and the owner of the property specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the Town attorney. In addition, such written agreement shall specify that the private property owner assures: 1.The installation of the work of art will be done in a manner which will protect the work of art and that takes into consideration public safety; 2.The work of art will be maintained in good condition; and 3.Insurance and indemnification of the Town will be provided as is appropriate. D.Installation, maintenance, alteration, refinishing and moving of art in public places shall be done in consultation with the artist whenever feasible. E.The Town Clerk shall maintain a detailed record of all art in public places, including accession numbers, site drawings, photographs, designs, names of artist, names of Page 30 Page 13 architects and correspondence between all parties involved in the creation, acquisition, placement, and display of art work whenever feasible. OWNERSHIP OF WORKS OF ART All permanent works of art acquired pursuant to these guidelines shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Exemptions of Ownership of Works of Art The following are exempt from the provisions of these guidelines: A.All works of art in the collections of, and having been purchased or acquired as a donation by the Estes Valley Public Library and The Estes Park Museum are exempted from these guidelines; B.All works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities that are not generally frequented by the public. The Parks Advisory Board recognizes the fact that these exempted organizations acquire artwork donated by patrons or purchased and donated by their supporting/friends organizations. In acquiring new artworks for their collections, we respectfully request the governing boards and staff of the exempted organizations be cognizant of and embrace the spirit of the AIPP Guidelines as they continue adding to their art collections. ACQUISITION OF WORKS OF ART Public art may be acquired through commissioning a site-specific work, direct purchase, or donation of a work of art. A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. If site specific, the artwork must conform to the AIPP program developed by the PAB regarding the site’s functional context, its architecture, its location, its relationship to the adjacent terrain, and its social context. If a work of art is commissioned for a specific use it must meet the requirements set forth by the PAB. The PAB is entrusted to develop criteria for commissioned projects and to site other acquired Page 31 Page 14 works. The PAB’s administrative policies, selection and placement criteria are detailed in these Guidelines. Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of works of art. Donations are subject to the same policies and criteria of the AIPP program as any other work of art being considered by the Town. The PAB has the discretion, subject to program policies, to recommend to the Town Board either accepting or rejecting any work of art offered to the Town for public art purposes. TEMPORARY PUBLIC WORKS OF ART The PAB may, at its discretion and with approval of the Town Board, designate sites within the Town of Estes Park as locations for the display of temporary works of art otherwise meeting the criteria detailed in these guidelines. Sites will be selected for their visibility and access to both visitors and residents to the town. The display of temporary art has several goals. They are: 1) enriching our community; 2) providing exposure to artists working in a variety of media; and 3)allowing for the exhibition of a wide variety of works of art that may supplement and enhance the permanent Town art collection. A selected artwork must exemplify commitment to quality and innovation. A temporary art exhibit may be held with the intention of creating a mutually beneficial partnership between the Town of Estes Park and artists working both within and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Estes Park for each work of art proposed for exhibition. The length of the lease may be for up to one year. A ten- percent (10%) sales commission is collected by the Town for any temporary work of art that is sold during the exhibition and the funds deposited into the AIPP reserve account. ARTIST SELECTION CRITERIA When evaluating the possibility of working with a particular artist, the PAB generally considers the following factors. A.The artist’s presentation. B.The ability of the artist to work cooperatively and effectively with stakeholders. C.The technical feasibility of a proposed project and the artist’s technical ability. D.Other factors deemed by the PAB to be important. Page 32 Page 15 SITE SELECTION FOR WORKS OF ART The PAB is charged with selecting sites for purchased or donated artwork. The PAB generally considers the following criteria in matching an artwork with a display site. Display Standards A.Conceptual compatibility of the design with the immediate site environment; B.Appropriateness of the design to the function of the site; C.Compatibility of the design and location with a unified design character or historical character of the site; D.Creation of a desirable environment for the general community by the design and location of the work or art; E.Preservation and integration of natural features of the site; F.Appropriateness of the materials and design to the expression of the artist’s concept; G. Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community; H.Visibility and accessibility; I.Public safety; J.Car and pedestrian traffic patterns, and other Right of Way considerations; K.Site conditions/constraints: existing landscaping, site furnishings, water for irrigation, drainage, grading, electrical source for lighting, and other utility considerations such as depth of existing utilities, access to natural gas hook up, etc.; L.Environmental impacts such as noise, sound, light and odors; M. Impact on operational functions of the Town such as snow removal, mowing operations, etc.; N.Compatibility with the site function; O.Susceptibility to vandalism; P.Costs of site preparation; Q.Existing works of art in/near the site area; R.Impact on adjacent property owners; S.Any other criteria deemed by the PAB to be important. Page 33 Page 16 Town Department Input Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already acquired artwork, the PAB strives to get input from relevant Town departments. Relevant departments will typically be either 1) a department receiving artwork in/on its building/grounds, or 2) a department whose general responsibilities will be materially impacted by the placement of a work of art at a particular site (visual sightline obstruction, mowing or snow removal operations, etc.). The Chairperson of the PAB will contact the director of the relevant department(s) to discuss potential sites and will invite the director to serve on any formal selection committee. The PAB encourages participation by the relevant department director. Selection processes which are determined by the PAB may vary by project. The Chairperson of the PAB will ask the director of the relevant department to provide any concerns he or she has about the sites and/or their impact on department operations before a selection process is concluded/finalized. POST-SELECTION PROCESS Once a site has been selected, an installation plan will be developed by the PAB with input from the artist, donor, and contractor when appropriate. Following installation, the designated representative(s) of the PAB and the relevant department director will meet to inspect the site and sign off on the finalized project. At the time of an acquisition, by donation or purchase, the proposed budget for a work of art should include all costs of installation, which may include (1) plinths or other display components; (2) site development, including landscaping and irrigation system installation or modification; and (3) an identification plaque. Contracts Following final selection of a work of art or artist, a written contract shall be prepared by the Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the artwork accession file managed by the curatorial support services provider. Page 34 Page 17 Public Disclosure Information about regular PAB meeting dates, rooms and times may be obtained by contacting the Town Clerk. Special meetings may be called from time-to-time as needed. Information regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town regulations, are open to the public. Notices about PAB agendas and minutes are provided to the Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal notice, including a photograph of a proposed work of art donation or acquisition is placed in the newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to the second and final reading at a Town Board meeting regarding the proposed installation. Under special circumstances, the second reading may be waived. DONATING A WORK OF ART Background and Definitions The Town of Estes Park’s collection of public art consisting, in large part, of donations from arts organizations and private parties. Needless to say, donations are an important part of the collection. The AIPP program has limited funds for administration, preservation and maintenance of works of art. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of works of art. To ensure the quality of the collection, the PAB uses these guidelines to decide whether a proposed donation is appropriate for addition to the Town’s collection. The PAB accepts only those works that will, in its discretion, further the overall goals of the AIPP program Process for Consideration The PAB requests that individuals or entities interested in donating a work of art follow these steps: A.Submit a complete official donation application to the Chairperson of the PAB. This form may be obtained from the Town website or from the Town Clerk. B.Provide a maquette and/or images or the actual work for review. Images may be provided electronically or by hard copy and should show all sides and the proper scale of the work. C.Include a cover letter explaining that you are offering the work of art to the Town as a gift and explain why the work should be added to the Town’s public art collection. Page 35 Page 18 D.Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. E.Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. F.Provide a conservation assessment describing the condition of the work of art, along with a maintenance plan. The plan should include an explanation of the expected life span of the work of art while placed in a public environment, stipulating the type of environment (interior/exterior) in which the work of art may be placed. The plan should also discuss whether the work of art may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist. G.The PAB may request additional information. H.The PAB is unlikely to consider any donation that requires immediate or extensive maintenance. Review Considerations In reviewing a potential donation, the PAB typically considers the information requested above, as well as aesthetic quality (including craftsmanship), compatibility with the Town’s existing public art collection, and budget (i.e., maintenance requirements and installation costs). The PAB may also consider other factors contained in its acquisition guidelines. Public Disclosure Information about regular PAB meeting dates, rooms and times may be obtained by contacting the Town Clerk. Special meetings may be called from time-to-time as needed. Information regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town regulations, are open to the public. Notices about PAB agendas and minutes are provided to the Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal notice, including a photograph of a proposed work of art donation or acquisition is placed in the newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to the second and final reading at a Town Board meeting regarding the proposed installation. Under special circumstances, the second reading may be waived. DE-ACCESSIONING A WORK OF ART De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s public collection. The PAB is responsible for recommending to the Town Board whether any Page 36 Page 19 piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB’s discretion. Basis for De-Accessioning The PAB may de-accession an artwork for one or more or the following reasons. A.The work of art endangers public safety. B.The work of art has been determined to be in unsatisfactory condition. C.The work of art lacks a suitable display site. D.The condition or security of the work of art cannot be reasonably guaranteed where located. E.The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep it). F.The work of art is or has become incompatible with the rest of the collection. G.The Town wishes to replace the work of art with a piece of more significance by the same artist. H.The work of art requires excessive maintenance or it has faults of design or workmanship. I.The work of art is found to be fraudulent or not authentic. J.The Town cannot properly care for or store the work of art. K.For any other reason articulated by the PAB, in its discretion. Process/Disposition The PAB will review the works of art in the Town’s collection at least once every five years to determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the right to de-accession a work of art at any time deemed appropriate by the PAB. De-accessioning may only be considered during a monthly or a special meeting of the PAB. A majority of PAB members in a quorum must approve de-accessioning for two consecutive votes. After the first vote, a public announcement of the plan to de-accession must be made to permit public input prior to the second vote. Following the second vote, and upon approval of the Town Board, the work of art shall be officially de-accessioned from the Town collection. The PAB may consider the following options for disposition of a de-accessioned artwork. Page 37 Page 20 A.Return to the artist; B.Sale or trade; C.Destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair); D.Donation; or E.Any option deemed appropriate by the PAB. MAINTENANCE GUIDELINES FOR WORKS OF ART Goal The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and maintenance processes that will support that goal. The AIPP Maintenance guidelines will be implemented on a piece-specific basis that recognizes the value of each work of art in the collection. Process A.Documentation. Initial documentation will be provided at the time an artist/donor submits a work of art for consideration, prior to a piece being accepted into the Town collection. A standardized form, completed by the artist/donor, will be used for this purpose. The PAB, appropriate Town departments (Public Works Parks Division and/or Light & Power Division), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of the curatorial support services provider and their representative to the PAB will be responsible for creating, keeping and periodically updating the documentation. The PAB will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and maintenance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. B.Maintenance documentation. When a work of art is accepted into the Town collection, minimum, “benchmark” level maintenance and a maintenance schedule will be established for it. The documentation will include a standard for regular maintenance Page 38 Page 21 (e.g., timing, type of maintenance) and identify any maintenance issues that may require special attention. Each medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic and aesthetic considerations for each piece. The maintenance documentation may be reviewed and revised as needed. C.Inspection and Condition Report. Upon a schedule recommended by the PAB, the curatorial support services provider will initiate and produce an inspection and condition report. Paid professional condition appraisers/conservators and/or knowledgeable volunteers, craftspeople or industry experts may perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation for the specific work of art and will reside with the curatorial support services provider. D.Regular Maintenance. Town staff from department in possession of art work(s), paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. Maintenance will be performed upon a recommended schedule developed by the PAB in consultation with the representative of the curatorial support services provider (if available) each year. E.Special Maintenance. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform maintenance that requires specialized tools, equipment, or knowledge on an “as needed” basis. The representative of the curatorial support services provider, in consultation with the PAB will use the condition report and/or site visits to determine need. F.Emergency Maintenance or Repair. Paid professionals/craftspeople or knowledgeable/trained volunteers will perform emergency maintenance/repair on an “as needed,” timely basis as determined by the representative of the curatorial support services provider in consultation with the PAB. G.Construction, Remodeling, Painting & Repair. Whenever construction, remodeling, painting or other maintenance projects undertaken by the Town adversely impact any work of art in the Town collection, the PAB is to be notified in advance of the work commencing. A plan to protect and preserve the works of art likely to be impacted is to be developed, in conjunction with the representative of the curatorial support services provider, and approved by the PAB prior to work commencing. Implementation A.Maintenance Plan Implementation. The Department of Public Works staff, Parks Division staff and the representative of the curatorial support services provider will monitor the AIPP maintenance plan and will report to the PAB annually, or more often Page 39 Page 22 if needed, on the status of art work maintenance. The Department of Public Works staff and the representative of the curatorial support services provider will monitor and report to the PAB on quality control, evaluation, and corrective maintenance actions carried out under the approved plan. B.Funding. Funding for maintenance will be established through a budget developed annually by the Department of Public Works and Parks Division staff and presented to the PAB in November. Funds for maintenance may come from the AIPP reserve account or be a line item in the appropriate Town department’s annual operating budget. Maintenance funding of works of art in the permanent Town collection will take precedent over new art purchases. C.Contract Services. Contracts with paid professionals/craftspeople will follow established Town guidelines and will be handled through the appropriate Town department. D.Quality Control. The PAB believes in regulating the quality of maintenance to an established standard. Therefore, the PAB will work over time to collect and assimilate maintenance data pertinent to the various types of works of art in the Town’s collection (e.g., Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained volunteer, etc.) The PAB, the representative of the curatorial support services provider, and Public Works Department staff will use this data to develop specific quality standards and devise ways to measure if the standards are met. Once established, the standards will be used to collect relevant data, analyze that data, and create corrective action plans as needed. The Public Works Department staff will identify specific areas of comparison (e.g., using multiple contractors and comparing the results of their work) and documenting specific maintenance challenges and failures (and their solutions). E.Policy Review. Annually, in November, PAB members, and/or the Director of Public Works will recommend changes to the AIPP Maintenance guidelines to the PAB. F.Attachments. Samples of forms to be used to implement the AIPP program are to be found in the Appendix section of these guidelines and may be modified by the PAB as needed during the annual guidelines review process. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) Goal The goal of this policy is to develop a framework for the consideration of works of art that will enhance the community and the travel corridor of the road/utility ROW. The guidelines do not rule out any particular application, as every installation should be weighed in relation to the location, the factors noted below, as well as the other impact values. Page 40 Page 23 Leadership for consideration of all projects and installations rests primarily with the Town of Estes Park PAB. Staff liaison support is provided through the Public Works Department and in cases that impact the ROW, Public Works will guide the process of securing collaborative support from other Town departments as well as from other governmental agencies (i.e., CDOT, Town of Estes Park Light & Power, etc.). Public Works can and will provide support, professional expertise, and advisement as needed for installations selected by the PAB. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW, Public Works will develop a plan to address the separate contracts, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The Town of Estes Park utilizes the Manual on Uniform Traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. Installations Adjoining the ROW When considering installations along the ROW the following factors shall be considered by Public Works in making a determination about a particular installation. A.ADA requirements. 1.For example: Does the installation impact the egress of handicapped individuals? B.Impact on flow of pedestrians, bicycles, or traffic. 1.For example: Does the installation cause undue interruption of the flow of individuals on a sidewalk or cross walk? C.Safety Impacts. D.Maintenance requirements/modifications that may be created by the installation. Installations within the ROW When considering installations in the ROW the following factors must be considered and resolved collaboratively with all stakeholders, with Public Works making a final determination about a particular installation. Page 41 Page 24 A.ADA requirements. B.Impact on flow of pedestrians, bicycles, or traffic. C.Maintenance requirements that may be created by the installation. D.Safety impacts. 1.Does the installation cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation? 2.Does the installation cause a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised? a)These sightlines will be different in each installation so size may be a factor at certain locations. For example, in an installation at a traditional intersection location close to the sightlines at the corners may create a significant hazard; or within roundabout installations that create blind spots for drivers related to pedestrians will create a significant hazard. b)Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. 3.When installations are within the ROW project planners must be sensitive to works of art that may draw pedestrians into the traffic flow for viewing. In roundabout situations this is a critical factor as these traffic devices do not have designated locations for drivers to stop. Roundabout islands are not intended to accommodate pedestrian traffic. A work of art designed for a roundabout, must be designed to be viewed from a distance. It is also recommended that recognition for works of art (artist signatures, plaques describing the work of art, etc.) be placed outside of the roundabout’s flow of traffic versus on the central island itself. E.When installations are proposed within the ROW, project planners shall confirm the proposed art will not interfere with planned future road expansions or sidewalk/multiuse path installations. Page 42 Page 25 APPENDIX CONTRACT FOR COMMISSION OF ARTWORK ESTES PARK, COLORADO This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”). Recitals In conjunction with (project name), the Town has allocated funding from the Art In Public Places program reserve fund in the amount of $ to acquire artwork which will be created and installed in (location). This agreement is for artwork to be installed (location description). The Artist was selected through a competitive process by the Parks Advisory Board. Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICES 1.1 Artist’s Responsibility A.The Artist shall perform all services and be responsible for all expenses, materials, supplies, and equipment necessary to design, fabricate, deliver, and install Artwork consisting of (description of the artwork) . B.The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and in strict compliance with all terms and conditions in this Agreement. The Artist is responsible for all costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site visits, and insurance of the Artwork. C.The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated representative (“Town Representative”), as set forth in this Agreement. The person designated as “Town Representative” is the Chairperson of the Parks Advisory Board. 4. The Artist is an independent contractor and not an agent or employee of the Town. 5. The Artist shall secure any necessary engineering work and is responsible for all site preparation. 6. The Artist will provide the concrete foundation on which the sculpture will sit. 7. In performance of the work described herein, the Artist shall comply with all applicable federal, State and Town laws, rules, and regulations, including but not limited to, applicable copyright, building and life, health and safety codes. 8. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made Page 43 Page 26 by a third party(ies) arising during the installation process and caused, or claimed to be caused by such process, including harm to himself, to others including the public, or to the Artwork. 9. The Artist shall provide the Town with written instructions for the maintenance, care, and up keep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the Artwork. 10. The Artist is solely responsible for the compensation and for the work of every contractor and other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees to engage no person without providing adequate worker’s compensation insurance, in amounts required by Colorado law. 11. The Artist shall secure and provide insurance for the on-site installation period in amounts and limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of liability insurance which addresses the period of on-site installation, and includes the following: (1)The policy must be an occurrence form; the coverage amount shall be $1,000,000 for products/completed operations hazard(s); the Comprehensive General Liability insurance shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be cancelled, terminated nor not renewed without first giving 30 days advance written notice to the Town Risk Manager; (2)Neither this Agreement nor an insurance policy issued as required by this Agreement shall be understood to waive or diminish the effect of the Colorado Governmental Immunity Act protections enjoyed by the Town. 1.2 Town’s Responsibility A.The Town will provide the Artist access to the site for installation of the Artwork. B.The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule in Article 6 of the Agreement. C.The Town will secure any and all required licenses, permits, and similar legal authorizations, at no expense to the Artist, as may be necessary for the installation. D.The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist should communicate and coordinate when necessary, and the Town Representative has the authority to make decisions for the Town with regard to the matters described herein, including, but not limited to inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial and final completion of the Artwork, approving payments to the Artist, approving and coordinating installation. E.The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist and Title of the Artwork. Page 44 Page 27 ARTICLE 2. DESIGN CHANGES A.Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town staff when necessary, develop his original proposal into a Final Design Proposal which includes: 1.) A working drawing or rendition of the proposed Artwork and the site, and a description of the materials to be used in the artwork; and 2.) Cost estimates for the design, fabrication, engineering, transportation, installation, and insurance. The Parks Advisory Board, or a committee thereof, shall review and approve the final design prior to execution. B.Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1 above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing or graphic communication to the Town for review and approval. A significant change is considered to be any alteration which materially affects the approved design or installation. Minor changes do not require written approval. ARTICLE 3. COMPLETION DATE The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year). Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day, year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God. ARTICLE 4. ACCEPTANCE OF THE ARTWORK The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied: (1)The Artwork is completed, delivered, and installed in accordance with this Agreement and the approved design, and the Town has verified this; and (2)The Artist has delivered to the Parks Advisory Board the following: (a) An executed bill of sale; (b)Written maintenance and care instructions; and (c)An original signed Certificate of Authenticity. ARTICLE 5. PAYMENT SCHEDULE The Town shall pay the Artist a fixed fee of $ that will constitute full and complete compensation for all services performed, materials furnished, and for the artistic value provided by the Artist under this Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as follows: A.First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the Artist is required. B.Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50% completed and reasonable proof of this, such as digital photographs, has been provided. The Artist will provide a written invoice for this payment. C.Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and reasonable proof of this has been provided. The Artist will provide a written invoice for this payment and digital photographs. Page 45 Page 28 D.Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the Artwork by the Town, as described in Article 4. The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the Artist. ARTICLE 6. WARRANTY A.The Artist represents and warrants that the design of the Artwork is unique and solely the result of the creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or violate the rights of any third party. B.The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics liens and encumbrances of the Artist. C.The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within a 200-mile radius of Estes Park. D.The Artist warrants that all work is performed in accordance with professional “workmanlike” standards, and fully guarantees the Artwork to be free from defective materials, products, and workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials. If within one year following the date of final acceptance, the Artist is unable or unwilling to make any necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss incurred by the Town as a result of having to complete such repairs. The Artist is not responsible for damage to the Artwork caused by vandalism, acts of God, Town employees or contractors. ARTICLE 7. COPYRIGHT A.The Artist expressly reserves the rights under common law or under the federal Copyright Act to control the making and dissemination of copies and reproductions of the Work that the court(s) in the venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may, without further approval from or compensation to the Artist, reproduce the Artwork graphically, in photographs, drawings, or computer-generated images for any Town business, including advertising, promotions, visitor and convention activities, and economic development activities. The Town agrees that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in such a manner and location as will comply with U. S. copyright law. B.The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town. The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described Page 46 Page 29 herein, over time future citizens and Town Boards may determine that the Town should remove it or otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his consent. C.The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the Artist’s violation or claim of violation by any person of any copyright or trademark infringement whether or not such claim(s) or suit(s) is(are) frivolous. ARTICLE 8. INDEMNIFICATION The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright, trademark, and all intellectual property claims of any person or persons in consequence of the Town’s acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous. ARTICLE 9. DEATH OR INCAPACITY If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement. In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may terminate this Agreement. In the event of the death of the Artist, this Agreement may terminate. The Artist’s executor shall deliver the Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials and supplies purchased for the Artwork’ fabrication, if not yet completed. The Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing; however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8. ARTICLE 10. TERMINATION OF AGREEMENT The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in whatever form and degree of completion it may be at the time, and all materials and supplies purchased and obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the copyright to the Artwork and all rights under Article 7. ARTICLE 11. WRITTEN NOTICE The parties agree that any notice required by this Agreement shall be given as follows, including notice of a Page 47 Page 30 change of address or change in the Town Representative: Town: Artist: ARTICLE 12. ENTIRE AGREEMENT The terms and provisions of this Agreement, including attachments and any amendments, represent the entire understanding of the parties with respect to the subject matter of this contract. No representations or warranties are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered or modified in writing and signed by both parties. ARTICLE 13. LAW AND VENUE The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action arising out of or under this Agreement shall be brought in Larimer County, Colorado. Signed: ______________________________________ Mayor, Town of Estes Park ____________________ Date ______________________________________ Artist ____________________ Date ATTEST: ________________________________________ Town Clerk Page 48 Page 31 TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art In Public Places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board (PAB), and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes necessary in the future. Please attach photographs or detailed drawings of the artwork to this form. Please also attach documentation authenticating the purchase price or appraised value. General Information Donor name (Individual/Organization/Business): _ Contact person (If different from above): Mailing Address: Phone number & e-mail address: Information About the Artwork Title of the artwork: Name of the artist: Mailing address of artist: Media or materials used or to be used in artwork: Proposed Location of Artwork: Special Instructions (if any): When is the artwork available for installation? Year completed: Purchase price: $ Current value: Dimensions: Weight: Long-term maintenance required: Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? YES NO If yes, please provide proposed budget amount: The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. Page 49 Page 32 The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): Donor Signature & Date (Please print name after signature) Return to: Town of Estes Park Attn: Parks Advisory Board 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 Page 50 Page 33 TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK LOAN AGREEMENT Please return to: Town of Estes Park, Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, CO 80517 Artist name: Mailing address: Phone number & e-mail address: Description of Artwork Artwork #1 - Title: Medium: Price or Estimated Value: $ Dimensions (h-w-d): Weight: lbs. Artwork #2 - Title: Medium: Price or Estimated Value: $ Dimensions (h-w-d): Weight: lbs. Artwork #3 - Title: Medium: Price or Estimated Value: $ Dimensions (h-w-d): Weight: lbs. I give the Town permission to photograph my art for temporary display on the Town’s website: Yes No Will hanging art require special installation or equipment other than regular wall hooks? Yes No Dates of the loan are: The artist understands and agrees to the terms and conditions contained in the Art In Public Places Guidelines for Temporary Public Works of Art. Exhibits attached to or printed on the opposite side of this agreement. The artist understands that any insurance payment that might be made will be based upon an appraised value rather than a declared value. This constitutes the entire agreement between the parties. Artist’s Signature & Date (Please print name after signature) ------ FOR PARKS ADVISORY BOARD USE ONLY ----- Document and Procedures: Location: Signed Agreement Town Hall Other Location Photograph of each piece for insurance (PAB) Insurance information to Risk Management Page 51 Page 34 TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (_ project name ) The Town of Estes Park Art In Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for its vibrant arts scene. Project Description and Scope ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process From this Call, an Artist may be selected directly from the initial applications or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. •If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. •A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) ARTIST’ S RENDE RING OF PRO JECT Page 52 Page 35 •One artist will ultimately be selected to develop their design, fabricate and install the artwork. •The artist will be required to carry general liability insurance in the amount of $ (amount). •Town staff will oversee operations and administer the decisions of the jury panel. Submission Requirements All applications must be submitted through the Town website to publicworks@estes.org and must include: •A preliminary statement of approach for the project which communicates scope and scale •Previous accomplishment(s) with public art pieces of similar appropriate scale as shown in five-ten images of artwork completed within the past five years. •The Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project: Maximum number of conceptual images: 3 •3 professional references Selection Criteria The primary criteria for selection: •Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? •Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? •Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted through the Town website by (month, day, year). Final completion date will be determined jointly by the Artist and the Parks Advisory Board; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Submission and Contact Information Public Works Department 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 (970) 577-3587 publicworks@estes.org Page 53 Page 36 UTILITY BOX ART The goal of this project is to beautify the Town using necessary utility boxes to become works of art instead of solid utilitarian blocks of color. Town Commissioned Utility Box Art PAB will oversee the commissioning of art for eligible utility equipment, including but not limited to painting and vinyl wraps. Eligibility will be determined by the relevant Town Department. Artists are required to follow the guidelines for utility box art. A.Designs should be original to the artist or of the artist’s original style, and should be picture-based, not word-based. Any wording in the design should not be the focal point of the design and letters should not be any larger than two inches in height. Designs must be appropriate for all ages and the Town will not accept any designs that include logos, copyrighted or trademarked images, advertisements, political, commercial, religious, sexual symbols, themes or messages. B.Utility boxes are functioning pieces of equipment and should be treated as such. Designs and color schemes should not interfere with signage on the box, the ability to open the box, or interfere with any function of the utility box itself. C.Location and selection of utility boxes to be painted are subject to approval by the PAB and the relevant Town Departments. D.Artists will be required to submit a detailed design proposal to the PAB and the relevant Town Department for review and approval by the Town of Estes Park Board of Trustees. If the design proposal is approved by the Town Board, artists will coordinate with the Town Department representative for box priming, sealing, and final inspection. Patron-Commissioned Utility Box Art PAB will oversee patron commissioning of art for eligible utility equipment, including but not limited to painting and wraps. Eligibility will be determined by the relevant Town Department. Patrons and artists are required to follow the guidelines for utility box art. A.Designs should be original to the artist or of the artist’s original style and designs should be picture- based, not word-based. Any wording in the design should not be the focal point of the design and letters should not be any larger than two inches in height. Designs must be appropriate for all ages and the Town will not accept any designs that include logos, copyrighted or trademarked images, advertisements, political, commercial, religious, sexual symbols, themes or messages. Acknowledgement or recognition of the Page 54 Page 37 sponsor in the design (including logos) is acceptable as long as the design, as a whole, remains non- commercial. B.Utility boxes are functioning pieces of equipment and should be treated as such. Designs and color schemes should not interfere with signage on the box, the ability to open the box, or interfere with any function of the utility box itself. C.Location and selection of utility boxes to be painted are subject to approval by the PAB and the relevant Town Department. Patrons and artists will be required to submit a detailed design proposal to the PAB and the relevant Town Department for review and approval the Town of Estes Park Board of Trustees. If the design proposal is approved by the Town Board, patrons and artists will coordinate with the Town Department representative for box priming, sealing, and final inspection. Page 55 Page 56 PUBLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: March 8, 2022 RE: 2022 Art in Public Places (AIPP) Yarn Bombing Application (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The citizen Parks Advisory Board and Public Works staff request the Town Board approve the requested placement of knit yarn wraps on the street trees along Elkhorn Avenue. Present Situation: It has become an annual tradition for this group to decorate the downtown street trees to help promote the annual Wool Market to be held at the Estes Park Events Complex on June 11 and 12, 2022. Proposal: This is a self-funded event put on by volunteers. All yarn, installation, upkeep, and removal are provided by these volunteers. Advantages: •This artwork is a fun addition to the downtown area and always receives positive feedback from our guests and residents. Disadvantages: •If there is poor weather such as heavy rain, it can negatively affect the yarn wrapping until the volunteer group can arrive and fix the wraps. Action Recommended: PAB and staff recommend approval of the 2022 Yarn Bombing application for display June 8-19, 2022. Page 57 Finance/Resource Impact: This event produces no financial impact to the Town budget and no resource impact to the Parks Division. Level of Public Interest Low to Medium depending upon previous knowledge of this recurring annual event. Sample Motion: I move for the approval of the 2022 Artwork Donation Form for Yarn Bombing on the trees along Elkhorn Avenue. Attachments: 1.Art in Public Places (AIPP) 2022 Yarn Bombing Artwork Donation Form Page 58 TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board, and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes necessary in the future. Please attach photographs or detailed drawings of the artwork to this form. Please also attach documentation authenticating the purchase price or appraised value. GENERAL INFORMATION Donor name (Individual/Organization/Business): 1fwnv fl�,<l?.,,,� Contact person (If different from above): tf6a£.r x:ft¥:x,,v,..,a; Mailing Address: 4:01 L¼. /,..__/k .�� P.Afl£ Phone number & e-mail address: <J "/0 -!J :J '} -5 '7 .;S- / INFORMATION ABOUT THE ARTWORK Title of the artwork: __ .... lf=,-.,,,,:.(JLML,==-=-'-=-'�C,....£.=...�1:="-=�c:..:.......ctJ.,-:;;.. t-------------------- Name of the artist: ___ ..:;..c?....L..J.-1'--L-t-...::;__�--=-==,,-=·-="--------£ ... 'Y"---��=---�<-===· .... U-1 ____________ _ Mailing address of artist: _____________________________ _ Media or materials used or to be used in artwork:---,�-��• �:.-(.../�----------------­ Proposed Location of Artwork: /4.R.2-d cry t.. c�L k.,t,CzA-u Special Instructions (if any): -----------,----------------------.i1�.._fl � ·L.:...--u..nu When is the artwork available for installation?: __ _,,�� ...... �=...1:.:,?:""'l-12-=---=lY'--1 -------,if;z;,,· =.,L,v..::...:....:-;-,:...eLC,,=-_/_;q=------- Current value: ------Year completed: ___ _ Purchase price: $ ____ _ Dimensions: _________ Weight: ________ _ Long-term maintenance requi red : __________________________ _ Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? � YES � NO If yes, please provide proposed budget amount: ------------- The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. �-rf"�-ov _,,xh� ,:�age 31 Attachment 1 Page 59 The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): Donor Signature & Date (Please print name after signature) Return to: Town of Estes Park, Attn: Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, co 80517 ------------------Page 32 Page 60 PUBLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: March 8, 2022 RE: Art in Public Places (AIPP) Bronze Hondius Sculpture Donation (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Accept the donation of the bronze sculpture of “Eleanor Hondius with a Bike” from the Women’s Monument Project for Town ownership and display at the Estes Valley Library. Present Situation: This sculpture was purchased by the Women’s Monument Committee from the runner- up artists Sutton Betti and Daniel Glanz. This artwork is the miniature mockup of the artists’ entry for the Woman’s Monument Project. It measures approximately 18” tall and is situated on a 3’x3’ base. The committee would like to donate the sculpture to the Town for public display and enjoyment. The citizen Parks Advisory Board supports the addition of this art to the Town’s collection. Proposal: Currently the sculpture is in storage out of public sight. The Library has verbally committed to displaying the sculpture for an undetermined length of time. Advantages: Adding this sculpture to the Town’s bronze artwork collection will allow it to be displayed for the public to enjoy. Disadvantages: •The Town’s Public Works Parks Division will be in charge of the sculpture maintenance and will need to add it to the contracted bronze maintenance schedule. Page 61 •If the Library chooses to not display the sculpture in the future, the Town would have to determine another suitable location. This could require new funding. Action Recommended: Public Works staff recommend acceptance of the art donation. A future written agreement between the Library and the Town is recommended to clarify terms of the ownership and display. Finance/Resource Impact: Budget Impact: 101-5200-452.25-01 General Fund, $100 expenditure, $53,722 available budget as of 2/21/22. This will be an annual expenditure to the existing contract with the Parks Division bronze maintenance contractor. Since the added expenditure is minimum, no budget adjustment is needed. Future One-Time Impacts: If the Library no longer wishes to display the sculpture, there may be a future one-time cost to secure a new display location. Level of Public Interest Low Sample Motion: I move for the approval/denial of the bronze sculpture donation of Eleanor Hondius with a Bike from the Estes Park Women’s Monument Project. Attachments: 1.Art in Public Places (AIPP) Bronze Hondius Artwork Donation Form Page 62 TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board, and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes necessary in the future. Please attach photographs or detailed drawings of the artwork to this form. Please also attach documentation authenticating the purchase price or appraised value. GENERAL INFORMATION Donor name (Individual/Organization/Business):_ Estes Park Women's Monument Project_ Contact person (If different from above ): ___ Ron Wilcocks __ _ Mailing Address: _____ P.O Box 2317, Estes Park CO 80517 __ Phone number & e-mail address: ___ 970-577-0021, rwilc@beyondbb.com __ INFORMATION ABOUT THE ARTWORK Title of the artwork: ___ Bronze Sculpture of Eleanor Hondius with a Bike __ Name of the artist: ____ Sutton Betti and Daniel Glanz. _______ _ Mailing address of artist: _2347 W. 8th Street, Loveland CO 80537 __ _ Media or materials used or to be used in artwork: ___ bronze and stone ___ _ Proposed Location of Artwork: It will initially be displayed in the Estes Park Library. The Town will own the work after this donation and will loan the sculpture to the Estes Park Library for display for as long as they desire. If/when the library chooses not to display the artwork, the Town can install it in any location they desire (including outdoors). Special Instructions (if any): Town will follow Artist instructions for ongoing care and maintenance When is the artwork available for installation?: It is available immediately Year completed: _2021 __ _ Purchase price: $4,000 __ _ Current value: $4,000 --- Dimensions: _About 3 feet by 3 feet __ _ Weight: __ 60 lbs __ Long-term maintenance required: __ Yes, As specified by the Artist __ Attachment 1 Page 63 Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? No If yes, please provide proposed budget amount: _Minimal -The EP Library has agreed to create a base for the sculpture __ The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): None Donor Signature & Date (Please print name after signature) � � L/� Ron Wilcocks, Chair-Estes Park Women's Monument project Date: {I / Lj / Z, / Return to: Town of Estes Park, Attn: Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, CO 80517 Page 64 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Adam Edwards, Line Crew Supervisor Kevin McEachern, Operations Manager Date: March 8, 2022 RE: Purchase Order for a Sauber Three-Phase Reel Trailer $102,944 - Budgeted (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☐ RESOLUTION ☒ OTHER__Purchase_____ QUASI-JUDICIAL ☐ YES ☒ NO Objective: Power and Communications staff seeks Town Board approval to purchase a Sauber three-phase supply reel trailer, to improve safety and our construction efficiency. This unit will replace our old three-phase trailer that was deemed unusable by the Fleet Division four years ago. Present Situation: Power and Communications currently has one trailer that was built for 750 mcm conductor reels, our largest underground conductor. This trailer has brakes and pulling functions which allows for safe efficient tensioning of the powerlines. The new trailer also has the ability to feed conductor off the reels which improve the safety and efficiency with pulling in new three-phase underground conductors. Quotes were received from three vendors: Sauber Mfg. Co 10 North Sauber Rd Virgil, IL 60151-1000 (630) 365-6600 $102,944 Page 65 Sherman + Reilly, Inc. 400 West 33rd Street Chattanooga, TN 37410 (423) 756-5300 $115,259 Brooks Brothers Trailers 141 Francis Dr Troy, MO 63379 (866) 890-7341 $44,051 * *Note that the Brooks Brothers Trailers quote did not meet the specifications and does it include freight, as such, their quote was low. Proposal: Staff recommends the purchase of the Sauber three-phase reel trailer. . Advantages: ●Power and Communications will be better equipped to perform underground three- phase work. ●There are numerous safety features on the new trailer to prevent accidents Disadvantages: ●It is a large piece of equipment which makes it difficult to maneuver but this will be used on large projects that usually have space to handle such vehicles. ●The cost has gone up since we originally had this budgeted; however, we have adequate funds in our 2022 budget. Action Recommended: Power & Communications staff recommends authorization for the Mayor to sign for the purchase of the Sauber three-phase reel trailer. Finance/Resource Impact: 502-7001-580.33-98 Power and Communications Fund $102,944 expenditure, $130,000 budgeted for 2022. Level of Public Interest Low Sample Motion: I move for the approval of the purchase. Attachments: 1.Purchase Order 38555 Page 66 PURCHASE ORDER TOWN OF ESTES PARK P.O. BOX 1200 ESTES PARK, COLORADO 80517 Phone (970) 586-5331 1PAGD3 8555 P.O. N002/23 /22 DATE: TO: SAUBER MANUFACTURING CO. 10 N. SAUBER RD. SHIP TO : Town of Estes Park 615 ELM ROAD VIRGIL, IL 60182-0001 VENDOR NO. DELIVER BY CONFIRM BY 2812�FefoGHT QUANTITY 1 1.00 SHIP VIA CONFIRM TO LIGHT & POWER CONTRACT NO. ACCOUNT NO. • I l I 5 2-7001-580.33-98 ITEM NO. AND DESCRIPTION AUTO & TRUCK ITEMS & EQUIP PURCHASES ESTES PARK, CO 80517 F.O.B. TERMS NET REQUISITIONED BY DS FOR P&C PROJECT 933104 REQ.NO. REQ.DATE NA . 02 23 22 UNIT COST EXTENDED COST 00132.00 REEL TRAILER AS PER QUOTE AUTHORIZED BY ______________ _ SUB TOTAL TOT L 00132.00 00132.00 Attachment 1 Page 67 Page 68 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, Public Works Director Date: March 8, 2022 RE: Resolution 22-22 Amendment #1 to the CDOT Grant Agreement for Design of Two Large Vehicle Bays to Store Two Electric Battery Trolley Buses (CDOT PO #491002610). (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval of Resolution 22-22 Amendment #1 to the Colorado Department of Transportation (CDOT) grant agreement for design of two large vehicle bays to store two electric battery trolley buses. Present Situation: In Fall 2020, the Town received Federal Transit Administration (FTA) 5339(b) funding to build two large vehicle bays to house the Town’s two electric trolleys (Trolley Facility). CDOT divided the Town’s award for the Trolley Facility into three separate “projects,” each of which require a separate grant funding agreement: 1) Charging Station (IGA executed by the Town Board on July 13, 2021), 2) Facility Design (the current item) and 3) Facility Construction (not yet in progress). In April 2021, the Town conducted a competitive Request For Proposal (RFP) process for the Facility Design portion of the grant award. The Town selected Collab Architects based on qualifications and then requested a cost proposal. The cost proposal came in at $46,520, leaving a $10,626 gap between the current design budget and actual price of the design work. Due to increases in overall costs seen post-pandemic, the cost proposal was deemed reasonable and the Town selected to proceed with Collab Architect’s design proposal. At the direction of CDOT staff, Town staff submitted a letter to CDOT in July 2021 requesting a transfer of funds in the amount of $8,500.80 (80% of the funding gap) from the construction subaward agreement (PO not assigned) to the design subaward Page 69 agreement (PO #491002610). The Town committed to covering the remaining 20% gap of $2,125.20. CDOT indicated that the Town’s request would be approved at a later date and encouraged the Town to move forward with the Grant Agreement as written (with the originally budgeted amount of $35,894) so that design work could begin. On August 24, 2021, the Town Board approved a Grant Agreement with CDOT accepting Federal Transit Administration (FTA) 5339b funding for architectural plans and design of two large vehicle bays to store the Town’s electric trolleys. On February 4, 2022, CDOT provided the Town with Amendment #1, which increased the grant agreement by the amount requested in July 2021. Proposal: PW staff recommend approval of Amendment #1 to ensure that grant documentation for this grant agreement is accurate and to fully fund the design portion of the Trolley Facility project. Advantages: •This project is in line with the defined purpose of FTA 5339(b) grant funding: “to improve the condition of the nation’s public transportation bus fleets, expand transportation access to employment, educational, and healthcare facilities, and to improve mobility options in rural and urban areas throughout the country.” •This project supports the Town Board’s 2021 Strategic Plan, Key Outcome Area: Transportation – “Increase use of charging stations and electric vehicle tourism.” •The acquisition of this electric vehicle will help fulfill the goals of the Statewide Transit Plan. Disadvantages: •Acceptance of grant funding is accompanied with additional administrative burdens; however, Town staff have recent experience managing a Federal grant of this type. •Acceptance of grant funding always comes with risk that the project will not go as planned; however, Town staff have a good working relationship with CDOT and will actively work to identify and mitigate any challenges that may arise. Action Recommended: Town Board approval of Resolution xx-22 Approving Amendment #1 to the grant agreement with CDOT for Federal Transit Administration (FTA) 5339(b) grant funding for design of two large vehicle bays to store two electric battery trolley buses. Finance/Resource Impact: Fleet Fund 612-7000-610.32-22 (Budgeted) For the facility design project, the updated financial impact to the Town is as follows: FTA 5339(b) funds (Original): $28,715 FTA 5339(b) funds (Amended): $37,216 Matching Town funds (Original): $7,179 Page 70 Matching Town funds (Amended): $9,304 Total project cost (Original): $35,894 Total project cost (Amended): $46,520 The charging station fits into FTA Category 11 - Bus and Bus Facilities, and as such, cost sharing is required for the grant, as provided in 49 U.S.C. § 5307(d). The local match for this award (noted as “Subrecipient Matching Funds” in Exhibit A of the attached contract) was legally appropriated for the purposes of this Agreement as part of the regular 2021 Town budget process in fall 2020. The Town’s local match will come from the Fleet Fund (612). Level of Public Interest Public interest in this item is low. The grant award was announced by Congressman Neguse’s office via press release in August 2020. The Transportation Advisory Board receives updates on this project during their regular monthly meetings. Sample Motion: I move for the approval/denial of Resolution 22-22. Attachments: 1.Resolution 22-22 2.CDOT Grant Agreement Amendment #1 Page 71 RESOLUTION 22-22 AMENDMENT #1 TO AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION 5339(B) GRANT FUNDING FOR DESIGN OF TWO LARGE VEHICLE BAYS TO STORE TWO ELECTRIC BATTERY TROLLEY BUSES WHEREAS, the Town Board approved an agreement referenced in the title of this resolution for grant funding to develop architectural plans and design for two large vehicle bays to store two electric battery trolley buses at their regular meeting on August 24, 2021; and WHEREAS, both the Town and CDOT wish to transfer funds in the amount of $8,500.80 from the construction subaward agreement (PO not assigned) to the design subaward agreement (PO #491002610); and WHEREAS, Amendment #1 is desired by both parties. 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 amendment referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 72 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 1 of 7 STATE OF COLORADO AMENDMENT (1) SIGNATURE AND COVER PAGE State Agency Department of Transportation Subaward Amendment Number / PO Number 22-HTR-ZL-00308-M0002 / 491002610 Subrecipient TOWN OF ESTES PARK Original Subaward Agreement Number / PO Number 21-HTR-ZL-00308 / 491002610 Current Subaward Agreement Amount Subaward Agreement Performance Beginning Date August 31, 2021 Federal Funds Maximum Amount (80%) Local Funds Local Match Amount (20%) Agreement Total $37,216.00 $9,304.00 $46,520.00 Amended Agreement Expiration Date December 31, 2024 Amended Fund Expenditure End Date December 31, 2024 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. SUBRECIPIENT TOWN OF ESTES PARK __________________________________________ __________________________________________ By: Mayor, Mayor Pro Tem, or Designated Delegate Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director __________________________________________ By: Herman Stockinger, Deputy Director and Director of Policy Date: _________________________ SUBRECIPIENT TOWN OF ESTES PARK __________________________________________ __________________________________________ By: Town Clerk Date: _________________________ SUBRECIPIENT TOWN OF ESTES PARK __________________________________________ By: Town Attorney Date: __________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Department of Transportation Effective Date:_____________________ DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Attachment 2 Page 73 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 2 of 7 1)PARTIES This Amendment (the “Amendment”) to the Original Subaward Agreement shown on the Signature and Cover Page for this Amendment (the “Subaward Agreement”) is entered into by and between the Subrecipient, and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Subaward Agreement shall be construed and interpreted in accordance with the Subaward Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Subaward Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Subaward Agreement. 4)PURPOSE The purpose for this Amendment is to extend the Subaward Agreement, add funds and revise Exhibit A.1 - Statement of Work and Budget as described in Section 5. 5)MODIFICATIONS A. The Subaward Agreement Amount on the Subaward Agreement’s Cover Page is hereby deleted and replaced with the Current Subaward Agreement Amount shown on the Signature and Cover Page for this Amendment. B. Exhibit A is hereby deleted and replaced with Exhibit A.1. C. All references to Exhibit A in the Subaward and any amendments are hereby deleted in its entirety and replaced with Exhibit A.1. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Subaward Agreement, and the Subaward Agreement and all prior amendments or other modifications to the Subaward Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Subaward Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Subaward Agreement or any prior modification to the Subaward Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Subaward Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 74 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 3 of 7 EXHIBIT A.1 – STATEMENT OF WORK AND BUDGET Project Description* 2020 5339 (b) Estes Park Electric Trolley Facility Design Federal Awarding Agency Federal Transit Administration (FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date To Be Determined Project End Date December 31, 2024 FAIN To Be Determined CFDA # 20.526 CFDA Title Bus and Bus Facilities Grants Program Subrecipient Estes Park, Town of DUNS # 078355450 Contact Name Vanessa Solesbee Vendor # 2000306 Address PO Box 1200 Estes Park, Colorado 80517-1200 Phone 970-577-3957 Email vsolesbee@estes.org Indirect Rate N/A WBS** 20-39-08025.ESTE.114 ALI 11.41.04 Total Project Budget $46,520.00 Federal FTA-5339 Funds (at 80% or less) $37,216.00 Local Funds (at 20% or more) $9,304.00 Total Project Amount Encumbered via this Subaward Agreement $46,520.00 *This is not a research and development grant. **The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion. A.Project Description The Town of Estes Park will use 2020 FTA Section 5339(b) funds, along with local matching funds, to develop the architectural plans and design for the construction of two large vehicle bays within which to store two electric battery trolley buses, as more fully described below. The project will support the goals of the Statewide Transit Plan. ALI QTY Fuel Type Description FTA Amount 11.41.04 N/A N/A Facility design $37,216.00 The Town of Estes Park is a governmental entity located in Larimer County, Colorado, and operates Estes Transit, a free public transportation shuttle service. The service is free and open to all riders and is offered both during the summer months (“peak season service”) and for special events throughout the year. Transit service information is presented on the Town’s website at www.estes.org/shuttles. The Town currently operates gasoline-fueled trolley buses and has no indoor storage. The Town was recently awarded FTA grants for the purchase two (2) electric battery trolley buses and a charging station for one of the buses. One electric trolley was put into service in 2020, and the second is expected to be delivered in 2021. The Public Works Department, sponsor of the Town’s transit service, is moving its fleet shop into a n existing building previously occupied by the Town Water Division. In order to house and protect the new trolleys, two large vehicle bays will need to be constructed by adding to the existing building. Federal Section 5339(b) funds have been awarded for design and construction of the two vehicle bays, as well as for the purchase of an additional charging station. Before initiating construction, a site review of the construction site must be completed and design work must be conducted. In accordance with Chapter III of FTA Circular 4702.1 B, a Title VI Equity Analysis comparing the impacts on minority and low-income persons of sitting facilities at any identified feasible locations will also be completed. At 30% design, a Categorical Exclusion (CatEx) worksheet should be completed to address environmental compliance prior to construction. Separate scopes and agreements will be developed for the purchase of the additional charging station and for the construction of the vehicle bays. DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 75 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 4 of 7 Other project details are listed below: Project Address: 577 Elm Road, Estes Park, Colorado 80517 National Environmental Policy Act (NEPA): The Town of Estes Park must ensure that the environmental consequences of its transportation project have been adequately considered and that required mitigation measures can be completed within the time frame and budget described in the Subaward Agreement. An environmental clearance is required before final design, right-of-way acquisition and construction funds are authorized. The Town will work with CDOT and FTA on CatEX approval in order to meet the environmental requirements. Among those requirements, Environmental Justice c onsiderations should be analyzed and documented, if applicable. For more information, see Chapter 9.15 of the CDOT NEPA Manual, found at: https://www.codot.gov/programs/e nvironmental/nepa-program/nepa-manual. Key Tasks/Deliverables: a.Review of the site plan by a professional engineer. b.Procure the professional services of a design/architectural firm c.Review the site plan d.Design the project at a 30% level for environmental review (CDOT Staff will participate in the review) e.Conduct environmental clearance process and attain FTA’s approval prior to final design stage f.Complete the final design, notifying CDOT in advance so CDOT staff can review the final design along with the Town of Estes Park g.Prepare construction cost estimates B.Performance Standards Design Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 6/30/2021 Submit Procurement Authorization (PA) and solicitation documents to a CDOT Project Manager for Approval 7/15/2021 30% of Design Completion Date 9/30/2021 Submit First Reimbursement Request in COTRAMS 10/31/2021 Submit First Progress Report to Grant Unit Manager 10/31/2021 100% of Design Completion Date 12/31/2021 Submit Final Reimbursement Request in COTRAMS 5/31/2022 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: 12/31/2024. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Estes Park shall report to the CDOT Project Manager whenever one or more of the following occurs: a.Budget or schedule changes; b.Scheduled milestone or completion dates are not met; c.Identification of problem areas and how the problems will be resolved; and/or d.Expected impacts and the efforts to recover from delays. DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 76 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 5 of 7 Town of Estes Park will be responsible for performing and adhering to the following design requirements: a.Prepare and provide preliminary and final design (“Construction Plans”) including drawings, plans, plats, descriptive or supportive material or special provisions and estimates (collectively known as “Plans”), as required to communicate the design intent a nd to achieve all required local and state approvals, including planning approvals as required by the Local Authority Having Jurisdiction (AHJ), adopted County or Town Codes, and applicable State and Federal requirements. b.Upon reaching 30% design, work with CDOT and FTA on CatEX approval in order to meet NEPA environmental requirements prior to finalizing design work. c.Prepare final design construction plans in accordance with the requirements, as applicable, of the latest edition of the International Building Code, latest edition adopted by the Town of Estes Park. d.Prepare special provisions and estimates in accordance with any specifications as approved by CDOT. e.The Plans produced shall be stamped by Colorado Registered Professional Engineers and Architect. Plans shall be reviewed and approved in accordance with all Town or AHJ requirements and shall be permitted through the local authority. f.Provide final assembly of Plans and contract documents for the purpose of bidding the project for construction. g.Comply with the requirements of the Americans with Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects” as well as CDOT Procedural Directive 6 05.1, “ADA Accessibility Requirements.” h.Afford CDOT ample opportunity to review the Plans and make any changes in the Plans that are directed by CDOT to comply with State requirements. i.Submit to CDOT no less than quarterly, or more frequently as requested by CDOT, a report of progress and expenditures made throughout the implementation of the project. C.Project Budget 1.The Total Project Budget is $46,520.00. CDOT will pay no more than 80% of the eligible, actual project costs, up to the maximum amount of $37,216.00. CDOT will retain any remaining balance of the federal share of FTA-5339 Funds. Town of Estes Park shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $37,216.00 (80%) and matching Local Funds of $9,304.00 (20%), will be encumbered for this Subaward Agreement. 2.No refund or reduction of the amount of Town of Estes Park’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3.Town of Estes Park may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Estes Park’s share, together with the Federal Funds share, must be enough to ensure payment of the Total Project Budget. 4.Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this project under the terms of this DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 77 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 6 of 7 Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of Estes Park to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D.Procurement Procurement of the professional services will comply with state procurement procedures, the DTR Quick Procurement Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition to the state requirements outlined below, state and FTA procedures (where applicable) for purchase of the Capital Asset(s) must be followed and will be outlined prior to purchase. 1.The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE). 2.The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project Manager through COTRAMS. 3.Prior to entering into a purchasing agreement with the selected vendor, Town of Estes Park shall request a Purchase Authorization (PA), and submit a vendor quote for the Capital Asset(s)/Service(s) in COTRAMS. 4.Town of Estes Park shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days after acceptance of the professional services provided. E.Reimbursement Eligibility Requests for reimbursement for eligible project costs will be paid to Town of Estes Park upon submission of a complete reimbursement packet in COTRAMS for those eligible costs incurred during the Subaward Agreement effective dates. Accepted reimbursement packets will include the following completed documents: Independent Cost Estimate (ICE) Procurement Concurrence Request (PCR) Purchase Authorization (PA) Invoice Proof of Payment to vendor(s) Environmental Clearance Final Design Plans, upon completion Town of Estes Park must submit the final invoice within sixty (60) calendar days of acceptance of the professional services provided, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. F.Restrictions on Lobbying Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. G.Special Conditions 1.Town of Estes Park will comply with all requirements imposed by CDOT on Town of Estes Park so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2.Town of Estes Park must permit CDOT and their auditors to have access to Town of Es tes Park’s records and financial statements as necessary, with reasonable advance notice. DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 78 PO # / SRM #: 491002610 / 21-HTR-ZL-00308 Routing #: 22-HTR-ZL-00308-M0002 Document Builder Generated Rev. 12/09/2016 Page 7 of 7 3.Except as provided in this Subaward Agreement, Town of Estes Park shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior t o the execution of this Subaward Agreement. 4.Town of Estes Park cannot request reimbursement for costs on this project from more than one Federal Awarding Agency or other federal awards (i.e., no duplicate billing). 5.Town of Estes Park must obtain CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. 6.Town of Estes Park shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 7.Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Town shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 8.Town of Estes Park will provide transportation services to persons with disabilities, in accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12 101 et seq. 9.Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 10.Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis o f disability. 11.Town of Estes Park shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. 12.Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR Part 26, and CDOT’s DBE program. DocuSign Envelope ID: 9F5201E2-85ED-42F3-B24B-5B06BE9F8150 Page 79 Page 80 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Captain Corey P. Pass Date: March 8, 2022 RE: Resolution 23-22 Agreement for the Use of the Northern Colorado Law Enforcement Training Center by a Governmental Entity (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT X RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: To allow for the Estes Park Police Department employees to reserve and use facilities and equipment at the Northern Colorado Law Enforcement Training Center. Present Situation: This is a new Law Enforcement Training Center that has been built between a partnership with the City of Loveland and the City of Fort Collins. As this new facility has been built the owner/operators have requested that each governmental agency that plans to use it sign the attached agreement for its use. Proposal: To enter into this agreement. Advantages: Use of this facility will better train our sworn officers in their daily duties and responsibilities so that we can better serve the public and the people of the State of Colorado. Disadvantages: No negatives at this time. Action Recommended: The Board approves, and authorizes the Mayor to sign the agreement in the title of this resolution in substantially the form now before the Board. The Board also authorizes the Police Chief or designee to approve extensions as described in section 5 of the Page 81 agreement, approved as to form by the Town Attorney or an attorney designated by the Town Attorney. Finance/Resource Impact: The Estes Park Police Department has and will budget appropriately for the rental and use of this facility. Level of Public Interest Staff believes that this topic is of high interest to the members of the community. Motion: I move for the approval of this agreement. Attachments: 1.Resolution 23-22 2.Agreement For the Use of the Northern Colorado Law Enforcement Training Center by a Governmental Entity Page 82 RESOLUTION 23-22 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LOVELAND AND THE CITY OF FORT COLLINS FOR USE OF THE NORTHERN COLORADO LAW ENFORCEMENT TRAINING CENTER WHEREAS, the Town Board wishes to enter the agreement referenced in the title of this resolution for the purpose of using the Northern Colorado Law Enforcement Training Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board approves, and authorizes the Mayor to sign, the agreement referenced in the title of this resolution in substantially the form now before the Board. Section 2: The Board authorizes the Police Chief or designee to approve extensions as described in section 5 of the agreement, approved as to form by the Town Attorney or an attorney designated by the Town Attorney. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 83 Page 1 of 8 AGREEMENT FOR THE USE OF THE NORTHERN COLORADO LAW ENFORCEMENT TRAINING CENTER BY A GOVERNMENTAL ENTITY 1.Recitals and Purpose: The City of Loveland, Colorado, a Colorado home-rule municipal corporation, and the City of Fort Collins, Colorado, a Colorado home-rule municipal corporation (hereafter jointly referred to as the “Operators”) and the Town of Estes Park, 170 MacGregor Avenue, Estes Park, Colorado 80517 (“User”), hereby enter into this Agreement (“Agreement”) on the ____ day of __________________, 2022, for use of the Northern Colorado Law Enforcement Training Center (“Training Center”) located at 5300 Boyd Lake Ave, Loveland, CO 80538, and agree to the following terms of use. The parties enter into this Agreement to better serve the public and the people of the state of Colorado. 2.Ownership, Operation, and Maintenance of the Training Center and Property: (a)Operators are joint and equal owners of the Training Center, associated structures, and all fixed facilities and equipment on the property. (b)Operators shall manage all operations of the Training Center to include coordinating all scheduling through the Training Center manager. (c)Operators shall maintain any and all structures and/or property utilized in the operation of the Training Center in a safe working condition. 3.Responsibilities: (a)User will have access to the Training Center consistent with Exhibit A. (b)Operators will accept cancellations with thirty (30) days' advance notice without charging User a cancellation fee. If less than thirty (30) days' advance notice is given, User will remain responsible to pay for the assigned date. (c)User shall send a representative to user group meetings to review terms and use of the Training Center, use of equipment, and debrief any issues and/or address any concerns. The Training Center manager may waive participation in user group meetings at their discretion. (d)User will comply with all relevant Northern Colorado Law Enforcement Training Center Standard Operating Procedures (“Rules”), incorporated herein, as attached hereto as Exhibit B and as amended from time to time. Failure to comply with the Rules will permit Operators to immediately terminate this Agreement. (e)User is solely responsible for providing insurance, including liability, casualty, and workers' compensation. User shall provide during the time of this Agreement a general liability policy with limits no less than $1,000,000 per occurrence and a workers' Attachment 2 Page 84 Page 2 of 8 compensation insurance policy covering all employees and complying with state law. Before the effective date of this Agreement, User shall provide a certificate showing User has in effect the required policies. The certificate shall require thirty (30) days' notice before termination, cancellation, or modification of any insurance policy. Any variance to these insurance provisions must be approved in writing by the Training Center manager and will become incorporated as an addendum to this Agreement. (f)User shall not cancel, materially change, or fail to renew insurance coverages. User shall notify the Training Center manager of any material reduction or exhaustion of aggregate limits. Failure to maintain insurance or procure replacement insurance is grounds for termination of this Agreement. (g)Nothing contained in these insurance requirements is to be construed as limiting the extent of the User's responsibility for payment of damages resulting from User's use of the Training Center under this Agreement. (h)As evidence of the insurance coverages required by this Agreement, prior to the effective date of this Agreement, User shall furnish a certificate of insurance to: City of Loveland Northern Colorado Law Enforcement Training Center Attention: Training Center Manager 5300 Boyd Lake Ave, Loveland, CO 80538 (i)The liability certificate will name the Operators, its respective officers, agents, and employees as additional insureds and must require thirty (30) days' notice to the additional insureds before non-renewal or cancellation. Insurance coverages required under this Agreement shall be obtained from insurance companies authorized to do business in the State of Colorado. If User is self-insured under the laws of the State of Colorado, User shall provide appropriate declarations of coverage. (j)User shall be responsible for any damages to the Training Center, except for those caused by routine use. (k)User shall report any damages immediately to the Training Manager. Page 85 Page 3 of 8 4.Cost and Fees: Users shall pay, within 30 days of executing this Agreement, all fees provided for in Exhibit A or User shall pay, within 30 days, all fees located upon an invoice delivered to User. 5.Period of Performance: This Agreement shall commence January 1, 2022, and shall continue in full force and effect until December 31, 2022, unless sooner terminated as herein provided. In addition, the Parties contemplate that the Agreement will be extended for additional one-year periods not to exceed four (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. The User shall provide written notice of termination to Operators no later than thirty (30) days prior to contract end if the User does not wish to renew for the following one-year period. 6.Billing Procedures: User will be billed monthly for time leased, the payment of which is due in full within thirty (30) days of receipt. Any payment not paid when due will be considered a default of this Agreement. If Operators start collection procedures or incur any costs in collecting a payment, User agrees to pay all of Operators’ expenses therewith, including reasonable attorneys' fees. 7.Termination: In addition to any other grounds for termination provided in this Agreement, this Agreement may be terminated by either the Operators or the User upon a thirty (30) day written notice to the other party. The User understands that it must pay all fees accrued on or after the date of termination. 8.Force Majeure . The parties shall not be responsible for failure to perform in a timely manner under this Agreement when its failure results from any of the following causes: Acts of God or public enemies; civil war, insurrection, or riot; fire; flood; explosion; earthquake or serious accident; strike; labor trouble or work interruption; an epidemic; pandemic; quarantine or acts of government; aviation related disruptions, crashes, emergency landings, or other similar occurrences at the Northern Colorado Regional Airport; or any other cause beyond the parties’ reasonable control. 9.Miscellaneous Provisions: (a)Nothing herein shall constitute a multiple fiscal year obligation of any governmental entity, including Operators, pursuant to Article X, Section 20, of the Colorado Constitution (TABOR). Each party's financial obligations under this Agreement are contingent upon its legislative body's annual appropriation funds to discharge the obligations set forth in this Agreement. Page 86 Page 4 of 8 (b)None of the terms or conditions in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than Operators or User receiving services or benefits under this Agreement shall be only an incidental beneficiary. (c)Any notice to the parties required under this Agreement shall be in writing, delivered to the persons designated in Exhibit A for the parties at the indicated address, unless otherwise designated in writing. Such notice may be delivered by United States mail, a reputable parcel service, or via hand delivery. (d)This Agreement represents the entire agreement of the parties relating to the subject matter hereof, and the parties hereby warrant and guarantee that there are no oral or collateral agreements or understandings relating to this Agreement that have not been memorialized herein. This Agreement may be amended only by an instrument in writing signed by the parties. No representations or warranties are made by either party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. (e)This Agreement shall be governed by the laws of the State of Colorado. Venue for litigation will be in the Larimer County District Court. (f)The person signing and executing this Agreement on behalf of the User hereby warrants and guarantees that they have been fully authorized by the User to execute this Agreement on the User’s behalf and to validly and legally bind the User to all the terms, performances, and provisions set forth herein. The Training Center manager is authorized to execute this agreement on behalf of Operators. (g)This Agreement may be executed in two or more counterparts, including by facsimile or electronic mail, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. By affixing an image of one’s own signature to this Agreement in an electronic format, the person is signing the Agreement as if it were an original, wet ink signature. [Signatures to Follow] Page 87 Page 5 of 8 Operators By: ________________________________ Ken Koch, Training Center Manager THE CITY OF LOVELAND, COLORADO, a Colorado municipal corporation: By: ________________________________ Robert L. Ticer Loveland Chief of Police APPROVED AS TO FORM: By: __________________________________ Andrew S. Treviño, Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation: By: ________________________________ Jeff Swoboda Fort Collins Chief of Police APPROVED AS TO FORM: By: _________________________________ Adam Stephens, Assistant City Attorney Page 88 Page 6 of 8 User: TOWN OF ESTES PARK, COLORADO a Colorado municipal corporation MAYOR By: Wendy Koenig, Mayor ATTEST: By: Jackie Williamson, Town Clerk APPROVED AS TO FORM: By: Daniel Kramer, Town Attorney ESTES PARK POLICE DEPARTMENT By: ________________________________ Wes Kufeld, Chief of Police Page 89 Page 7 of 8 Exhibit A 1.User Access: User may utilize the Training Center as follows: a. User may utilize the Training Center on the dates and times as requested by User and as approved by the Training Center Manager not to conflict with other agency use. Access to and use of any facility within the training center will be granted once the specific facility is properly reserved, pre-paid for, and after receipt of confirmation from the NCLETC is provided to User. 2.User Fees: User agrees to pay all fees, per use of Training Facilities, consistent with the following fee schedule in paragraph five (5) below, of this Exhibit A, or as amended and posted by Operators. User is responsible to pay Operators for User’s access to the Training Center as described in Section one (1) of this Exhibit A. 3.Notice to Operators: City of Loveland Northern Colorado Law Enforcement Training Center Attention: Training Center Manager 5300 Boyd Lake Ave, Loveland, CO 80538 4.Notice to User: ATTN: (Contact Person)_________________________________________________ (Agency Name)__________________________________________________ (Address)_______________________________________________________ (Email & Phone Number)__________________________________________ 4.5 Invoice/Billing Contact: (If Different from Above) ATTN: (Contact Person)_________________________________________________ (Agency Name)__________________________________________________ (Address)_______________________________________________________ (Email & Phone Number)__________________________________________ 5.Fee Schedule: As notice to all Users, the following fee schedule has been adopted by Operators: Page 90 Page 8 of 8 Training Resource Description 4 Hours 8 Hours 4 / 8 Hour Private Sector Classroom One 40-person classroom $100 $200 $200 $ $400 Both Classrooms Combined Two 40-person classrooms Full Day Only $250 $500 Conference Room Conference room $80 $160 $100 / $200 Firing Range 50-yard, 21 lane indoor tactical range $200 $400 N/A Skills Pad 600x400 or 5.5-acre concrete skills pad $200 $400 $400 / $800 Driving Track Highway driving track $200 $400 $400 / $800 Entire driving complex Highway driving track & 5.5-acre skills pad Fully Day Only $800 $1500 Page 91 Page 9 of 8 Exhibit B – Standard Operating Proce dures (This page is intentionally blank and Exhibit B immediately follows this page) Page 92 1 | P a g e To: All Training Supervisors, Department Instructors and the NCLETC Manager From: Chief Swoboda - Fort Collins Police Services Chief Ticer - Loveland Police Department Date: February 1, 2021 Subject: Northern Colorado Law Enforcement Training Center Standard Operating Procedures. 1.Situation: The Northern Colorado Law Enforcement Training Center (NCLETC) is publishing information, instructions, and procedures governing the use of the training center’s campus to include classrooms, in- door firing range, driving skills areas and administrative or support areas. 2.Mission: To ensure all facility staff and training participants utilizing the training center and any of its facilities adhere to these regulations. 3.Execution: a.NCLETC Concept of Operation i.Concept of Operations: This order will be distributed as directed and all facility staff and training providers and participants shall review and incorporate these procedures. ii.Frequent review of this SOP for the training center will ensure participants operate in a safe manner, preserving life, equipment, and natural resources. iii.Final result desired is personnel operating within any facet of the training center shall follow this SOP and notify the Training Center Manager of any conflict or question of interpretation. b.Subordinate Element Missions. The Loveland Police Department and Ft. Collins Police Services (Owner Agencies) shall staff a “Technical Advisory Committee” and in collaboration with the NCLETC Manager, will conduct an annual review of this order and the training center SOP. 4.Administration and Logistics: Safety directives issued by the NCLETC are published and distributed to all facility staff, training providers and participants prior to facility use. A paper version of safety directives will be maintained by the Training Center Manager. 5.Command and Signal: a.Command: This order is applicable to all facility staff, training supervisors and instructors, and their training participants in order to operate the training center in the safest manner possible, while creating realistic training environments and safeguarding the equipment and capability of the facilities on the training campus. b.Signal: This order is effective on the date signed. Page 93 2 | P a g e CHAPTER TABLE OF CONTENTS TITLE PAGE Chapter 1 General Operations………………………………………………………. 4 1000 Training Center Summary and Purpose…………………………… 4 1001 Operation………………….……………………………………………………. 4 1002 Definitions……………………………………………………………………… 4 1003 Technical Advisory Committee……………………………………….. 6 1004 Annual Planning Meeting……………………………………………….. 6 1005 Visitors and Guest Instructors…………………………….………….. 6 1006 General Rules of Conduct……………………………………………….. 7 1007 Rental of Facility Based on Space Availability…………………. 8 1008 Training Center Facility Inspection Procedures...………..…… 8 1009 General Airport Considerations………………………………………. 9 Chapter 2 Standard Operating Procedures Purpose and Scope….…. 10 2000 Purpose and Scope……………….……….……………………………….. 10 2001 Facility Safety………………….……………………………………….…….. 10 2002 Training Center Manager….……………………………………………. 11 2003 Volunteer / Intern………………………………………………………….. 11 2004 Safety Officer………..……………………………………………………….. 11 2005 Lead Instructor………………………..…………………………………….. 12 2006 Vehicles and Equipment….…………………………………………….. 12 2007 Reporting Injuries and Accidents…………………………………….. 12 2008 Facility and Equipment Maintenance…………….………………… 12 2009 Owner Agency Invitation & Task Force Use……………………… 13 Chapter 3 Environmental Procedures…………………………………………….. 14 3000 General……………………………………………………………………………… 14 3001 Hygiene Guidelines………………………………………………………….… 14 3002 Policing of Ranges and Training Areas…………………………….…. 14 3003 Policing of Administration Facilities…………………………………… 15 3004 Armory Use……………………………………………………………………….. 15 3005 Ammunition and Other Consumables……………………………….. 15 3006 Storage……………………………………………………………………………… 16 Chapter 4 Communications for Facility Staff………………..…………………. 17 4000 General……………………………………………………………………………… 17 4001 Normal Operations……………………………………………………………. 17 4002 Emergency Operations…………………………………….……………….. 17 4003 Additional Details……………………………………………………………… 17 Page 94 3 | P a g e Chapter 5 Emergency Response…………………………………………………….. 18 5000 General…………………………………………………………………………….. 18 5001 Safety Briefing………………………………………………………………….. 18 5002 Roles and Responsibilities………………………………………….…….. 18 5003 Facility Staff Injury…………………………………………………………….. 19 Chapter 6 Rules and Regulations……………………………………………………… 20 6000. Facility Use Rules………………………………………………………………. 20 6001. Facility Scheduling Rules……………………………………………………. 20 Chapter 7 Appendices………………………………………………………………….…. 22 7000. Appendix 1: Training Center Description…………………………… 22-25 7001. Appendix 2: Rental Fee Schedules…………………………………….. 26 7002. Appendix 3: Facility Inspection Check Lists………………………… 27-28 7003. Appendix 4: Standard Range Safety Rules………….……………… 29-30 7004. Appendix 5: Standard Track & Skills Pad Safety Rules……….. 31-32 7005. Appendix 6: Facility Orientation / Safety Briefs…………………. 33-34 7006. Appendix 7: Emergency Notification Form………………………… 35 7007. Appendix 8: Emergency Response Plan…………………………….. 36-38 7008. Appendix 9: Injury Report Form………………………………………… 39 Page 95 4 | P a g e Chapter 1 General Operations 1000. TRAINING CENTER SUMMARY & PURPOSE: 1.Summary. The Northern Colorado Law Enforcement Training Center (NCLETC) serves as a regional training center that strives to provide the highest level of realistic, integrated and safe training environments possible. The Northern Colorado Law Enforcement Training Center does not operate a basic training academy for law enforcement but does support the training needs of various law enforcement academy sponsors in the region. The training center serves the needs of law enforcement professionals, by facilitating training environments that support their skill development from the beginning of their careers and which reinforce, integrate and enhance those skills throughout their years of service. 2.Purpose. The Northern Colorado Law Enforcement Training Center provides state-of-the-art facilities that support the initial and continuing education and skill development environments required to forge exceptional law enforcement professionals. 1001. OPERATION: The NCLETC is equally owned and operated by the Cities of Loveland and Fort Collins. The management and policy-making authority is vested equally in both cities. “Policy Issues” which require approval of each city’s City Council include, but are not limited to, participation in federal and state grant agreements, construction of capital projects, and approval of the annual contributions to the training center’s dedicated funds. Management of the training center is vested in each city’s Chief of Police or their designee. The Chiefs of Police are responsible for the governance of the training center related to any issue that is not considered a “Policy issue”. This would include approval of operating procedures, approval of all third-party use contracts, and authorization to change safety protocols for example. Control and decision-making authority for the facility will be handled in a manner consistent with a 50/50 collaborative partnership. The most current version of Inter-Governmental Agreements (IGAs) for the use of the airport property which houses the NCLETC and for the operation and maintenance of the NCLETC will dictate all support and control functions for the training center. Each owner agency’s Chief of Police and their designee may rely on input and guidance from the Technical Advisory Committee (TAC) for any matter they deem appropriate. It is fully anticipated that this Standard Operating Procedure will be a living document that may require amending throughout a calendar year and shall at a minimum be subject to an annual review each April. The NCLETC is available to outside law enforcement agencies and private sector organizations for a rental fee when not in use by the owner agencies, with the approval of the Chiefs of Police. 1002. DEFINITIONS: 1.Training Center Manager: Management- level employee who has overall supervisory and management authority over all facility operations and supervises the Facility Staff. 2.Training Center Volunteer/Intern: Civilian non-employee (volunteer), or civilian non-sworn employee (Intern) who has responsibilities as directed by the Training Center Manager or Safety Officer, and is part of the Facility Staff. Page 96 5 | P a g e 3.Facility or Training Center Staff: Any owner agency employee or volunteer / intern assigned to the training center as their primary responsibility, and all certified training instructors utilizing any aspect of the training center in the roles defined below (SO, LEFI, LEDI, LI ). 4.Safety Officer (SO): Any certified law enforcement instructor or otherwise assigned facility staff who has been trained on and has responsibility for adherence to all policy and procedure requirements, safety requirements and emergency response operations, and is part of the Facility Staff. May provide informal coaching services to training participants. 5.Law Enforcement Firearms Instructor (LEFI): Certified law enforcement officer with firearms instructor certification, serving in an on-duty or overtime assignment capacity. 6.Law Enforcement Driving Instructor (LEDI): Certified law enforcement officer with driving instructor certification, serving in an on-duty or overtime assignment capacity. 7.Lead Instructor (LI): Any certified Law Enforcement Instructor who has primary authority over and responsibility for live-fire operations on a hot or cold firing range, driving track, skills pad or other training center facility. 8.Communications Liaison: Any Facility Staff member responsible for communications and notification needs to summon the appropriate response from law enforcement, fire, medical, or HAZMAT resources in an emergency, as part of the emergency response plan. 9.Training Participant: Any individual who occupies and utilizes the training center facilities. This would include on-duty sworn and civilian law enforcement professionals, guests, or any other person participating in training. 10.Visitors: Any individuals or groups who are not employees of the City of Fort Collins or the City of Loveland (owner agencies). 11.Informal Coaching: Instruction provided to training participants that takes a minimal amount of time so as not to detract from the primary attention to training safety and adherence to policy and procedure. 12.Formal Coaching: Instruction provided to training participants that takes a significant amount of time and attention which negatively impacts the ability to address training safety and adherence to policy and procedure. 13.Hot Range / Track: Operational condition of a live-fire range where “fire-at-will” conditions can exist, or where active vehicle operations occur on the track or skills pad, respecting all safety and personal protective equipment requirements. 14.Cold Range / Track: Operational condition of no live-fire or weapons handling of any kind, or no vehicle operations occur. In a cold range condition all weapons are secured for non-firing operations such as target changes and policing of brass or gear on the floor. 15.Emergency Response: Any situation which requires the notification and response of emergency services to include police, fire, emergency medical technicians, or hazardous materials experts. 16.Classroom Instruction: Formal classroom training offered by certified law enforcement or guest instructors which supports education and training offerings at the NCLETC. Classroom Instruction requires a Lead Instructor who briefs the students on the safety plan. 17.Owner Agencies: The municipalities of Fort Collins and Loveland. Page 97 6 | P a g e 1003. TECHNICAL ADVISORY COMMITTEE: The purpose of the Technical Advisory Committee (TAC) is to provide insight and perspective to the Training Center Manager and the Chiefs of Police for the cities of Fort Collins and Loveland (owner agencies) regarding operations of the training center. This committee is comprised of training supervisors and driving, firearms and arrest control instructors from each owner agency. This committee will consist of up to nine members: 1.Fort Collins Police Personnel and Training supervisor 2.Loveland Police Personnel and Training supervisor 3.Fort Collins and Loveland Police firearms training supervisor or lead 4.Fort Collins and Loveland Police drivers training supervisor or lead 5.Fort Collins and Loveland Police arrest control training supervisor or lead 6.NCLETC Training Center Manager The committee is chaired by the Training Center Manager. It is not intended that any single member of the TAC has “final decision authority.” It will be essential to gain a consensus among the TAC to address outstanding issues and concerns. When facing deadlock, it is suggested that the conversation circle back to the purpose of the NCLETC to provide a state-of-the-art training facility for the benefit of the owner agencies and any other law enforcement or private sector organizations who may rent the facility for their training needs. Other TAC considerations include; Meetings will be primarily held quarterly, but may be held on an as needed basis. Other sources of expertise may be brought in as needed (i.e. a representative from Public Works or Finance). Representatives from key outside agencies may be invited on an ad-hoc basis. This committee will utilize a consensus decision-making model for all recommendations, with final operational recommendations being approved by the Police Chief for the cities of Loveland and Fort Collins, or their designee. Examples of the issues reviewed by the TAC include safety concerns, budget, scheduling issues, proposed capital improvements, maintenance, facility purchases, and review of complaints. Issues that are not resolved through consensus at the TAC level will be elevated to the Chiefs of Police for the cities of Fort Collins and Loveland for resolution. 1004. ANNUAL PLANNING MEETING: The Chiefs of Police and other appropriate staff (TAC Members) shall meet a minimum of once per year in April to discuss any amendments to the Standard Operating Procedures, budgetary requirements, scheduled facility usage and review of rental fees or other pertinent matters as may be required for the continued operation and maintenance of the training center. 1005. VISITORS AND GUEST INSTRUCTORS: 1.General. The Northern Colorado Law Enforcement Training Center welcomes all scheduled visitors. Due to the level of activity at the training center and the potential safety hazards that exist, pre-scheduled visitor appointments are mandatory. All visitors and guest instructors will be required to provide identification, sign in, and sign out at the front desk upon arrival and departure of the facility. All visitors and guest instructors who are not training participants will be provided guest passes for access and identification. Visitors are defined as individuals or groups who are not employees of the City of Fort Collins or the City of Loveland (owner agencies). Page 98 7 | P a g e 2.Restrictions. All training center facility assets are considered restricted unless prior arrangements and approvals have been made. This includes employees of the City of Loveland and the City of Fort Collins. Unauthorized visitors to the training center property, and unauthorized use of any training center facility, will not be tolerated. This does not prohibit certified instructor access to the facility in accordance with established safety procedures. 1006. GENERAL RULES OF CONDUCT: It is the responsibility of each individual to conduct themselves in a professional manner when within the confines of the training center. Examples of unacceptable behavior include, but are not limited to; o Horseplay o Being at the training facility while under the influence of intoxicating substances. o Using a piece of equipment in an unsafe manner or in a manner for a purpose different from which it was designed or intended. o Display or handling of any firearm outside the confines of the firing range, or in compliance with supervised formal training (ex. simmunitions training on the driving track), for any purpose other than cleaning, maintenance or repair and only while under supervision of an instructor or armorer. o Alcoholic beverages are prohibited at the training facility unless specifically utilized for a training course. The training facility is a tobacco-free facility (except in any designated area). Anyone actively engaged in a training event at the training center will be dressed in appropriate clothing for both safety concerns and professionalism. o Inappropriate clothing may include clothing that advertises alcoholic beverages, controlled substances, etc. Gambling in any form shall not be allowed anywhere on the training facility premises. No changes, alterations, significant repairs, or defacement to the facility, furnishings, or equipment will be permitted. If damage occurs, the responsible person or agency will be held liable for all expenses required to repair or replace damaged property. No nails, tacks, tape or other material, which might damage or deface walls or ceilings, may be used. All posters, training aids, and other materials must be removed from the facility following each training session. Flyers, brochures, posters, etc. may be displayed in the training facility reception area after approval by the Training Center Manager. Users are responsible to leave classrooms, conference rooms, work areas, etc. in a clean and orderly condition. All tables must be set-up in the original format upon conclusion of any training session. Maximum occupancy signs are posted in each room and the limits must be adhered to. Removal of any equipment or materials from the facility is prohibited. Page 99 8 | P a g e Moving, altering, or rearranging equipment is prohibited, without approval of the Training Center Manager. Only animals trained to assist physically challenged persons, police equines, or police K-9 units are permitted at the training center. All visitors and /or training participants will be required to stay in their respective areas during use of the facility. Injuries, equipment damage and damage to the facility must be reported to the assigned Safety Officer or the Training Center Manager. Training facility staff or a Safety Officer shall have the authority to deny use of any area of the training center to departments or individuals that have not implemented all applicable safety procedures. 1007. RENTAL OF FACILITY BASED ON SPACE AVAILABILITY 1.General. The Training Center Manager is responsible for renting any facility at the training center to non-owner organizations or partner agencies on a space available basis. In general, the training center is intended to be utilized as a law enforcement training space. The Training Center Manager should focus on utilizing the space available for public safety training first. 2.Fee Schedules. Fee schedules related to the rental of facilities at the training center by non-owner law enforcement organizations or partner agencies shall be established in cooperation by the owner agencies. A fee schedule will be maintained an updated on an annual basis and can be accessed through the training center’s web site. (see Chapter7, Appendix 2). 3.Training center facilities (excluding the firing range) may be rented to private sector organizations if space is available and the facility is appropriate for the organizations ability or need (ex. public safety/community education related). Private sector organizations must demonstrate a direct relationship to their mission or purpose, how the facility they intend to rent contributes to that mission or purpose, and provide sufficient expertise (instructor certifications) to safely manage the facility within existing rules and regulations. Any non- owner organizations that wish to rent a facility for training or other purposes are required to complete a facility use contract. There may be existing IGAs or MOUs in place with partner agencies that may be used in place of or in addition to the facility use contract. 1008. TRAINING CENTER FACILITY INSPECTION AND REPORTING PROCEDURES: 1.General. An inspection of all aspects of the training facilities to be used shall be conducted prior to any training evolution (i.e. classrooms, live-fire range, etc.), and prior to setting that facility up for the intended training. Facility inspections will follow the points detailed within the “Inspection Check List” for each training area (see Chapter 7, Appendix 8). Facility inspections should focus on: The cleanliness and professional appearance of the facility. Entrance and exit routes free of obstructions or trip / fall hazards and restricted areas are secured (gates). Page 100 9 | P a g e Operational status of environmental controls and safety systems to include air circulation systems, surveillance cameras, Wi-Fi based systems and fire suppression systems. Operational status of all target control systems, computer-based classroom instruction systems or any lighting or public address (PA) systems. 2.Reporting Facility Condition, Damage or Discrepancies. Any inspection of the training facilities which identifies any discrepancies or damage shall report those discrepancies or damage to the Training Center Manager, using the “Inspection Check list”. 3.Any damage to the facility due to negligence will be paid for by the agency causing the damage or the last agency to use the facility that failed to report the damage in their initial inspection of that facility. 1009. GENERAL AIRPORT CONSIDERATIONS: 1.General. The Northern Colorado Law Enforcement Training Center is located on property owned by the Cities of Fort Collins and Loveland obtained through a federal land grant that established the Northern Colorado Regional Airport. As such, the training center is located within the boundaries of the airport and is subject to certain safety restrictions required by the airport, the Federal Aviation Administration (FAA) and security regulations from the Transportation Security Administration (TSA). All training or other activities taking place on the training center grounds shall consider and ensure compliance with the standards and requirements imposed by the Northern Colorado Regional Airport. 2.Restrictions. a.Drone (UAS) flights for the purposes of training in any outdoor setting within the training center property are restricted to owner agencies only. Any need for an outdoor drone (UAS) flight shall comply with all required application and approval processes required by the Northern Colorado Regional Airport and FAA. Training courses or instruction on the use of drone resources may be hosted by the NCLETC but all associated flight training must be accomplished within the indoor firing range or at an off-site location not in proximity to the airport, and must comply with FAA regulations. b.Any requirement for supplemental lighting in support of an outdoor training event requires the review and approval of the Training Center Manager. At no time should supplemental lighting be directed at or be allowed to point skyward, especially toward the direction of the airport’s runways and approach corridors. All supplemental lighting must have a shroud that restricts that lighting in a downward direction. This will also apply to facility improvements that could create glare that would have impact on the safe operation of aircraft within the vicinity of the airport. c.Any breech of the chain link or other security fencing associated with the airport property must be reported immediately to the Training Center Manager and Airport Control Tower. d.When advised of a possible or pending aircraft emergency, training taking place at any facility within the training center may be required to shut down and participants may be required to evacuate their training facility. e.The airport may support special activities such as VIP transportation support and airshow events that may require the facilities to be limited in use for certain times. 3.Other Safety Issues. Airport staff are licensed and authorized to conduct wildlife mitigation efforts on all airport property. As such they occasionally employ firearms for this purpose. While it is an infrequent occurrence, it is possible that the report of firearms may be heard coming from airport property. Page 101 10 | P a g e Chapter 2 Standard Operating Procedures Purpose and Scope 2000. PURPOSE AND SCOPE: 1.General. This order prescribes the rules, regulations and general precautions to be taken in the use of training facilities within the Northern Colorado Law Enforcement Training Center (NCLETC). 2.Purpose. The primary purpose of this order is to ensure a realistic, integrated and safe training environment. Nothing contained in these regulations will be construed as permitting live-fire or other training activities that endanger life or property. 3.Warning. Failure to comply with these rules and regulations may subject the offender to disciplinary action, to include removal from the training center property, banned future use of the facilities or reporting through the chain of command for internal agency discipline. 2001. FACILITY SAFETY: 1.Safety a.Safety is the primary responsibility of all facility staff and is a key factor in successful training. Concern for safety, however, is everyone’s responsibility and should never be limited to the training environment alone. Safety considerations will always include associated activities such as, any movement to and from training areas, range set-up and break-down, weapons maintenance activities, etc. b.Any individual who observes an unsafe condition shall report the issue immediately to a Safety Officer, other facility staff member or the Training Center Manager. If the unsafe condition exists on a firing range while live-fire is authorized (hot range), a “cease fire” or “stop” command will be given and the Lead Instructor will set “cold range” conditions so that the unsafe condition can be addressed. Anyone, including a training participant, has the responsibility to call “cease fire”. The greatest danger to life and limb is associated with live-fire; therefore, firing range safety rules and regulations will be strictly enforced and adhered to. c.All Safety Officers (SO) and Law Enforcement Firearms / Driving Instructors will ensure personal protective equipment such as seat belts, eye protection, double hearing protection, a ballistic vest and brimmed hat are worn when appropriate by all facility staff and training participants. d.A minimum of two people, one being an instructor, shall be present in the firing range when any weapon is fired in the firing range or on the driving track during training (excluding inspecting track and course set up). 2.Alcoholic Beverages, Drug use and State of Mind a. Training participants and facility staff may not consume alcoholic beverages marijuana or drugs (including prescription and over the counter medications which negatively impact mental state) before or during any use of the training center facilities. The Training Center Manager or Safety Officer will deny access to anyone in violation or who is deemed unable to achieve the mental focus and attention required to safely participate in training as required. Page 102 11 | P a g e 2002. TRAINING CENTER MANAGER (TCM): 1.General: Ensures the effective and efficient day-to-day operations of the Northern Colorado Law Enforcement Training Center. Provides management and oversight of all operations for the training center and the facility staff. Establishes short and long-term goals and objectives for the training center, with input from the Technical Advisory Committee. Responsible for all chain of command notifications concerning emergency or other incidents which occur at the training center. a.Supervision Received: Direct supervision is provided by the Deputy Chief of Police for the Loveland Police Department. Direct reporting responsibility includes the Deputy Chief of Police and the Chief of Police for the City of Loveland and the Chief of Police for the City of Fort Collins (owner agencies). b.Supervision Exercised: Provides direct supervision of all facility staff who are assigned to the training center or who serve in one of the required facility staff roles (SO, LI, etc.) while facilitating a training environment at the training center. 2003. VOLUNTEERS / INTERNS: Fair Labor Standards Act: a volunteer is “an individual who performs hours of service for a public work agency for civic, charitable, or human reasons, without promise, expectation or receipt of compensation of service rendered”. 1.General. Volunteers will assist other facility staff as needed. Volunteers are responsible for their actions and if any volunteer is deemed irresponsible they may be dismissed. All volunteers will wear apparel with “VOLUNTEER” markings for identification and distinction between the Safety Officer or Law Enforcement Firearms / Driving Instructors. All volunteers will wear appropriate personal protective equipment while inside a live-fire range or other training area, and will not be armed. Any volunteer who possesses a permit for concealed carry of a firearm shall be prohibited from carrying a concealed firearm on training center property. 2.Training. Volunteers are expected to abide by the same rules of conduct, ethical standards, and confidentiality requirements that govern their owner agency staff. a.All Volunteers will pass a background check before being assigned as a volunteer to the training center. 3.Responsibilities. The volunteer is responsible for the duties assigned by the Training Center Manager or their designee. The volunteer may assist the facility staff in setting up the various training center facilities, ensuring they are policed after use and that the facilities are clean at all times, or any other duties that may be required from the volunteer. 2004. SAFETY OFFICER (SO): 1.General. Follows the guidance set by the Training Center Manager and assists in maintaining surveillance of all training activities and adherence to safety within the training center and assigned facilities. They shall be physically present at the training site, within any occupied firing range and adhere to the minimum staffing requirements detailed under the Standard Range Safety Rules and Standard Driving Circuit and Skills Pad Safety Rules for instructor to training participant ratios (See Chapter 7, Appendix 3 & 4). 2.Duties. The Safety Officer is a command authority position which supersedes standard rank with the authority to remove any personnel deemed to be unsafe (after consulting with the lead instructor) and take appropriate Page 103 12 | P a g e actions to ensure safety violations are immediately addressed, reported and documented. The Safety Officer will ensure that violators understand why they are being dismissed, if a dismissal is warranted. The Safety Officer will be the last to leave the training area following completion of training and clean-up, ensuring that the facility is clear of all personnel and equipment. The Safety Officer will ensure that all refuse, (trash, brass casings, etc.) are cleaned up from the facility after completion of training or classroom operations. The Safety Officer will contact the Training Center Manager any time they encounter an issue or concern with the training center or personnel on the training center property. 2005. Lead Instructor (LI): 1.General. Follows the guidance of the Training Center Manager regarding facility use and compliance with safety and standard operating procedures. Is granted full authority over and accepts full responsibility for the training efforts they produce and the training participants they supervise. 2.Duties. The Lead Instructor is the Officer in Charge (OIC) for their assigned training area and holds full command authority over their training objectives. Ensures compliance with all required safety briefings and emergency response planning before initiating any training. The Lead Instructor will contact the Training Center Manager any time they encounter an issue or concern with the training center or personnel on the training center property. 2006. VEHICLES AND EQUIPMENT: 1.General. Vehicles and equipment assigned to the training center will be identified by sign or decal and will be maintained by the agency which owns them, or in compliance with the current IGA. Vehicles and equipment may only park in designated areas. 2.Operations: Vehicles and equipment assigned to the training center will only be operated by facility staff who have been trained and certified on the operation of those vehicles or pieces of equipment, and will require the pre-approval of the Training Center Manager. In General, only Loveland Facilities Maintenance personnel should be operating equipment assigned to the training center. The keys to all vehicles and equipment assigned to the training center will be maintained by the Training Center Manager. 2. Restrictions. Privately owned vehicles must park in the parking lot. At no time will a privately-owned vehicle be used on the firing range, skills pad or driving track without the approval of the Training Center Manager. 2007. REPORTING ACCIDENTS & INJURIES: 1.General. All vehicle accidents, injuries or property damage requiring the need for law enforcement, fire, emergency medical, or HAZMAT response will be reported by the Safety Officer, Communications Liaison or any facility staff member. Any need for emergency response to the training center will be accomplished by calling 911. Radio communication between the Safety Officer and other facility staff may be required to facilitate this. (See Chapter 4; Communications for facility staff for more detail). 2.The appropriate accident / injury form will be filled out by the Safety Officer or facility staff and turned into the Training Center Manager as soon as practical. The Training Center Manager will review and approve the accident / Injury form, submit it to Risk Management through the chain of command, and notify non-owner agencies of incidents. Page 104 13 | P a g e 3.The Training Center Manager will maintain a file of all accident / injury forms for annual review by the Technical Advisory Committee. Accident / injury forms must be turned into City of Loveland Risk Management within 48 hours of the occurrence. 2008. FACILITY AND EQUIPMENT MAINTENANCE: 1.General. The City of Loveland will provide facility and equipment maintenance services for the training center, in accordance with the current Inter-Governmental Agreement. This includes basic services such as custodial, preventive maintenance, and minor repairs. These services may be outsourced at the discretion of City of Loveland staff. 2. The City of Loveland’s Facility Maintenance and Public Works staff will be trained in the maintenance of specialized assets such as the indoor firing range ventilation systems and drivers training surfaces. These staff members may also be required to assist in the training of instructors in the use and simple repair of equipment and props used by the training center. The City of Loveland is responsible for all facility maintenance from the perimeter fence in. It is the primary point of contact for all maintenance needs. The City of Loveland will manage all outside contracts and warranty work for the specialized props and equipment. Both cities shall possess an equal right to enforce any warranties however. Effectively trained and authorized Fort Collins Police and Loveland Police personnel are permitted to perform minor repairs and simple fixes when appropriate. General facility computers and other information technology (IT) equipment will be serviced by City of Loveland IT staff. The access control and training center security system will be serviced by City of Loveland. 3.Any damage to the facilities on training center property due to negligence will be paid for by the agency causing the damage or by the last agency to use the facility that failed to report the damage in their initial inspection of that facility. 2009. Owner Agency Invitations and Task Force Usage: 1.General. Any invitation extended by the owner agencies, to non-owner agencies for a training event, shall be considered an opportunity to collaborate in a training environment for the purpose of enhancing co-response needs and will not require the payment of rental fees by non-owner agencies. This does not apply to formal classes or sponsored courses of instruction that require the payment of attendance fees. 2.Task Force Considerations. Regional task force units that are staffed by either Loveland or Fort Collins Police employees are considered owner agencies for those specific task force training requirements. Page 105 14 | P a g e Chapter 3 Environmental Procedures 3000. GENERAL: 1. General. To successfully achieve all training objectives while complying with environmental laws and regulations, it is essential to consider environmental concerns while planning training operations and exercises. Proper planning will preserve all training center facilities for future generations of law enforcement personnel and the local community. Therefore, it is essential that training units adhere to the provisions in this chapter. All users of the training center facilities are responsible for adhering to this chapter. 3001. HYGIENE GUIDELINES: 1.General. Hygiene guidelines are intended to minimize exposure to airborne particulate lead, cleaning product residues and other hazardous materials. All training participants and facility staff exposed to the various facilities within the training center, regardless of their participation in live-fire of not, should follow these guidelines. a.Refrain from eating, drinking, applying makeup or otherwise placing hands in proximity to the mouth, eyes or nose while on the firing range or after engaging in any firearms cleaning or maintenance. b.Wash your hands and face with cold water after leaving the firing range or after engaging in any firearms cleaning or maintenance and before eating or drinking. c.Change and wash clothing after a live-fire session to minimize exposure to airborne particulate lead, propellant or solvent residue. 3002. POLICING OF RANGES AND TRAINING AREAS: 1.General. Policing of ranges and other facilities is the responsibility of the using agency. It is the responsibility of the Safety Officer to ensure ranges, training facilities, or any training area used for training purposes are consistent with these procedures. All solid waste brought to ranges, training facilities, and training areas including cardboard, wrapping materials, food waste, expended brass, and ammunition containers shall be removed from those areas and recycled or disposed of in approved containers (e.g., dumpsters or buckets) or established storing areas. The Training Center Manager or Safety Officer will do a walk through prior to training to ensure the given facility is acceptable to use. An inspection by the Training Center Manager and / or Safety Officer will be required prior to departure from the training center (See Chapter 1008 for further). This needs to be completed as soon as possible in order to ensure follow on training agencies can accept a clean facility. If another organization needs to use the facility and it has not been inspected by the facility staff, they may choose to train regardless. That unit will accept any damages and clean up as needed, in addition to that caused by their use. The ENDSTATE is we must preserve the facility for long term use and it will be done by holding the using agencies responsible for clean-up and any negligent damage that may have occurred while using the facility. 2.Brass. All brass will be placed in provided buckets or cans, ensuring that no live rounds are mixed with expended brass. Aluminum and brass casings will be separated as well. The buckets or cans for expended brass and aluminum casings will be placed in front of the storage or recycling receptacles. ONLY facility staff will dump expended brass buckets into the brass recycling receptacles to ensure no live ammunition is present. No push brooms or similar tools are allowed to be used on the firing range and no water will be used to wash down the firing range. Page 106 15 | P a g e 3.Dumpsters. Dumpsters are provided and the using organizations need to ensure their personnel use them properly per the labeling (i.e., Trash versus Recycle) 4.Hazardous Material. Hazardous materials (HAZMAT) (e.g., weapons cleaning gear, paint, fuel, etc.) used while training shall be stored in approved, closed, and leak-proof containers. All HAZMAT shall be clearly marked, identifying the contents of the container. All HAZMAT spills shall be reported immediately to the Safety Officer or facility staff, who will notify the Fire Department or other emergency response asset, if needed. Units shall use available resources to mitigate and contain spills, at or near the source of the spill. The City of Loveland Facilities Department will coordinate with an approved cleaning company to remove lead reside and to empty the lead containers within the bullet backstop of the firing range. 5.Training facility set-up and break-down. Set-up and break-down will be accomplished in a safe manner. Safety procedures, proper gear, and teamwork will be used when setting up or tearing down the equipment needs of any training facility in order to prevent an injury. 3003. POLICING OF ADMINISTRATION FACILITIES: 1. General. Any facility staff or training participant utilizing the various facilities and/or training areas shall ensure restrooms, break areas, etc. remain clean during the training evolution. Trash will not be disposed of in any port- a-let and all trash cans will be emptied at the end of the training evolution. Safety Officers will ensure an inspection is completed at the end of each training session. 3004. ARMORY USE: 1. General. Access to the armory is restricted to authorized personnel only. At a minimum the Training Center Manager, owner agency Training Supervisors and at least one lead firearms instructor from each owner agency will have access to the armory and weapon storage area. Other access permissions will be granted by the TAC. The Armory may not be converted to office space. NO LOOSE LIVE AMMUNITION IS ALLOWED IN THE ARMORY. When a firearm is brought into the armory for maintenance or repair, all ammunition shall be cleared from it and left in the range or another area outside of the armory. Armory occupants may remain armed while using the armory so long as they do not take their firearms out of the holster or magazines out of the pouch. If they need to do so, they should go into the range, unload and leave the ammunition in the range or a safe storage area while using the armory. To prevent unauthorized access, the armory door should remain closed and locked anytime there is not an instructor or armorer in the armory or immediately around it (in the classroom). All doors including the armory, storage, ammunition closet, and firing range doors should be secured and checked before leaving the building. It is each Instructor’s responsibility to maintain the cleanliness of the range and armory. Each person should take care to keep the area free of trash and unnecessary clutter. 3005. AMMUNITION AND OTHER CONSUMABLES: Consumables include items such as plywood, sheetrock, spray paint, fuel, etc. Owner agencies will be responsible for providing for their own consumable training needs and will be provided storage space for those consumables. Non-owner agencies will be responsible for providing for their own consumable training needs and may rent storage space at the NCLETC for those consumables, if desired. Page 107 16 | P a g e 3006. STORAGE: Fort Collins personnel and Loveland personnel are responsible for keeping their respective storage areas clean and organized. Storage areas are intended for the storage of training-related tools, materials and supplies only. Expanded use of storage areas or the creation of new storage areas are not permitted without approval of the Training Center Manager and Technical Advisory Committee. Page 108 Chapter 4 17 | P a g e Communications for Facility Staff 4000. GENERAL: 1.General. Radio communications shall be maintained between the facility staff and Safety Officers at all times during regular business hours. When communications are lost, the Lead Instructor or Safety Officer should consider ceasing all training activities until communications are re-established. a. Plain language will be used for all radio communications between the Safety Officers and other facility staff. 4001. NORMAL OPERATIONS: 1.Radio communications for all day to day training center facility use will occur between facility staff on the assigned simplex channel. Hand-held radios will be issued to facility staff at the beginning of any training event that requires them. a.The NCLETC will have a bank of hand-held portable radios for use by any instructors conducting training at the training center. Radio communication will be the primary method of contact between remote facilities like the driving track / skills pad, and the facility staff or administrative offices for day to day operations. Any request for assistance or re-supply should be made via this radio communications network. b.Notification of any emergency situation that develops should be made via radio communication to the Training Center Manager, or other facility staff, to facilitate assistance in coordinating emergency services response. However, ALL EMERGENCY RESPONSE NOTIFICATION/ RESPONSE REQUESTS SHALL BE MADE THROUGH TELEPHONE CONTACT VIA 911 to the Loveland Emergency Communications Center (LECC). (see Chapter 5 for further). 4002. EMERGENCY OPERATIONS: 1. In the event of any emergency occurring within the training center, notification of the emergency situation will follow the guidelines set out in the Emergency Response Plan detailed in Chapter 5 and Chapter 7, Appendix 7. 4003. ADDITIONAL DETAIL: 1. The materials and engineering used in the construction of the NCLETC’s indoor firing range and administrative areas may negatively impact the reception capability of both cellular telephones and hand-held radio devices. Land -line telephones are the most reliable form of communication within these structures. Instructors, training participants, visitors and facility staff may have to move to an outside location to facilitate connectivity for cellular and radio communications. Page 109 Chapter 5 18 | P a g e Emergency Response 5000. GENERAL: 1.General. The Training Center Manager or their designee shall create a response plan for anticipated emergencies within the various training center facilities. The Emergency Response Plan is intended to guide the initial response to and mitigation of emergencies that may develop, and supplements the Accident Reporting Procedures detailed in Section 2007. The Emergency Response Plan shall be reviewed regularly by all facility staff and updated annually through the Technical Advisory Committee (See Chapter 7, Appendix 7). The response plan should include the following topics, roles, and objectives at a minimum. 5001. SAFETY / EMERGENCY RESPONSE BRIEFING: As part of the initial training center facility set up (firing range, driving track, skills pad, etc.), and in preparation for receiving training participants, all facility staff taking part in the training shall engage in a safety briefing prior to opening for business and prior to conducting any training activities. The safety briefing will include role assignments for the Emergency Response Plan and any additional safety concerns that may be appropriate. 5002. ROLES AND RESPONSIBILITIES: Any facility staff member may be assigned a specific role within the Emergency Response Plan at the start of each training cycle / day. The required roles and their responsibilities are detailed below. a.Lead Instructor: Upon identification of an existing emergency, the Lead Instructor will be responsible for the immediate ceasing of all live-fire (set “cold range” conditions) active driving, or other live training and will ensure training participants are separated from the emergency situation in a safe and orderly manner. Training participants will be removed to an area designated in the Emergency Response Plan and the Lead Instructor will remain with the training participants until relieved by first responder professionals. b.Safety Officer: Upon identification of an existing emergency, the Safety Officer will be responsible for any required first aid or medical assessment or treatment, as qualified, if the emergency involves an injured or ill person. If no one has been injured in the emergency, the Safety Officer will ensure safety measures are deployed to prevent injuries until relieved by first responder professionals. c.Communications Liaison: Upon identification of an existing emergency, the Communications Liaison will be responsible for all communications and notification needs to summon the appropriate response from law enforcement, fire, medical, or HAZMAT resources. The Communications Liaison will provide pertinent information to responding units and coordinate with the communications center when appropriate to facilitate effective “link-up”. 5003. FACILITY STAFF INJURY: 1. General. Should a member of the facility staff be involved / injured in an emergency, their assigned role in the Emergency Response Plan shall be reassigned a soon as practical. To facilitate this, it is essential that all facility staff understand and be capable of performing any of these essential functions. The Emergency Response Plan Page 110 19 | P a g e and role responsibilities shall be included in the safety briefing for training participants, should a training participant be required to fill an emergency response role. Page 111 20 | P a g e Chapter 6 Rules and Regulations 6000. FACILITY USE RULES: All training requires the presence of a designated Safety Officer. The Training Center Manager will ensure that a Safety Officer is in place for non-owner agency training activities. This may be a Loveland or Fort Collins Police Department staff member or other personnel as approved by the Training Center Manager. The Training Center Manager is responsible for ensuring that training center facilities and props are ready for training activities. All agencies that use a facility within the training center, including the owner agencies, are responsible for clean up after their training activity. They are expected to leave the site in the condition they found it. Safety issues or concerns must be reported to the Safety Officer or Training Center Manager immediately. Any injury or property damage occurring at a facility within the training center must be reported to the Training Center Manager as soon as practical. Each using organization will follow their reporting guidelines as required by their chain of command or employer. For non-owner agencies, training that incorporates simmunitions with another discipline (firearms or driving) must be approved by a member of the TAC with subject-matter background to ensure appropriate safety measures are in place. Levels of access will be established by the Technical Advisory Committee (i.e. who is able to access a facility and when). Parking inside the training center fence is dependent on training activities, which have first priority. Training consumables must be approved by the Technical Advisory Committee before acceptance, placement and storage at the training center. Because of warranty and safety issues, no significant maintenance on any aspect of a facility within the training center may be performed without the approval of the Training Center Manager. 6001. FACILITY SCHEDULING RULES: The Training Center Manager is responsible for master scheduling. The law enforcement owner agencies will submit their scheduling requests and the Training Center Manager will evaluate those requests and schedule appropriately. The law enforcement owner agencies will have first and highest priority for use of the training center. Their approved requests will be placed on the master schedule first. Outside public safety organizations (partner agencies) will have second priority for training center use. Other departments from the owner agencies (i.e. Public Works, Facilities) have third priority for training center use. Law enforcement owner agencies will have 24/7 access to the training center for approved training uses. These operational hours will not generally apply to outside public safety organizations. Page 112 21 | P a g e The operational hours for outside public safety organization use of the training center is dependent on the availability of facility staff or other owner agency personnel who are working on behalf of the Training Center Manager. To ensure adequate security and oversight, at least one qualified individual from either owner agency will be present whenever outside organizations are using the training center. The Training Center Manager may designate an individual to oversee training from an outside organization when that agency has a formal training arrangement in place via an intergovernmental agreement (IGA) or a memorandum of understanding (MOU). The master calendar will document all training center activities for twelve months (a calendar year). The calendar will use a “Reserve Capacity” rule which recommends a reservation of 10% of facility capacity for maintenance needs and discretionary use by the owner agencies. The Training Center Manager will utilize a software-based tool or web-based application for scheduling to ensure that no conflicting events are scheduled simultaneously. The Training Center Manager will work with user organization representatives to ensure training in adjacent facilities (two training activities being held near each other) does not create an unsafe environment. Owner agencies will have ongoing access to the scheduling calendar and will advise the Training Center Manager of all cancelled events as soon as possible. Outside organizations will be required to provide a 30-day notice of their need or intent to cancel their scheduled training events. Failure to provide a 30-day notice may result in a forfeit of fees associated with the training reservation. Scheduling will be initiated around October 1st of each year, for the following calendar year. Page 113 22 | P a g e Chapter 7 Appendices 7000. Appendix 1: NCLETC Description The Northern Colorado Law Enforcement Training Center 5300 N. Boyd Lake Avenue Loveland, CO 80538 970-962-2130 POC – Ken Koch (Training Center Manager) Ken.koch@cityofloveland.org Cell 970-381-9736 Administrative Office, Classroom & Conference Rooms Administrative office space for the Training Center Manager with a lobby area Two, 12-person conference rooms, with wireless / HDMI audio / visual equipment One large classroom capable of being divided into two smaller classrooms (70 or 2 X 28 students) Page 114 23 | P a g e Classroom tables support electrical outlet and USB connectivity for device charging needs Wi-Fi, internet access, speakers, large screen monitors and white boards for presentations Kitchen area with microwave, sink, full-size fridge/freezer and ice maker 12-Person Conference room Lobby Area Classrooms Page 115 24 | P a g e 50-Yard, 21-lane Indoor Tactical Firing Range Open bay design for unlimited training and scenario set-up with rubber particle bullet trap Full ventilation controls with multi-stage filtration and climate control (heated and swamp cooled) Spire Target targeting system with target turners, and two running man moving target systems Full LED lighting with dimming control for full-light, low-light, and no-light training scenarios Four red and Blue emergency light bars mounted in the ceiling baffles Portable cover/concealment, training barriers, cones, barrels to use in scenario set-up Accessible by police vehicles for scenarios (large ballistic door access) View from lane #1 at the 50-yard line View of the vehicle access ballistic doors View from 10-yard line, Looking back to the 50-yard line for lighting systems. Page 116 25 | P a g e Drivers Training Area 5.5 Acre Skills Pad, with integrated access to the driving track 1.4 Mile Driving Track with pavement and concrete surfaces 35’ Observation Tower Support equipment for track sweeping and traffic cone course set up Page 117 26 | P a g e 7001. Appendix 2: Rental Fee Schedules: NCLETC recommended fee schedule based on reasonable pricing comparison Training Resource Description 4 Hours* 8 Hours 4 / 8 Hour Private Sector Classroom One 30-person classroom $100 $200 $200 $ $400 Both Classrooms Combined One 60 or Two 30-person classrooms Full Day Only $250 $500 Conference Room One 12-person conference room $80 $160 $100 / $200 Firing Range 50-yard, 21 lane indoor tactical range $200 $400 N/A Skills Pad 600x400 or 5.5-acre concrete skills pad $200 $400 $400 / $800 Driving Track Highway driving track $200 $400 $400 / $800 Entire driving complex Highway driving track & 5.5-acre skills pad Fully Day Only $800 $1500 *4-hour blocks are defined as 8:00 am to 12:00pm and 1:00pm to 5:00pm It is anticipated that gradual, moderate rate increases will be required from year to year to cover increased utility and maintenance cost. Page 118 27 | P a g e 7002. Appendix 3: Facility Inspection Check Lists: Page 119 28 | P a g e Page 120 29 | P a g e 7003. Appendix 4: Standard Range Safety Rules & Regulations: Standard Range Safety Rules and Regulations Revised January 1, 2021 Every person on the firing range shall abide by all range rules at all times. Anyone who violates any of the rules is subject to removal from the range by the facility staff. Law Enforcement Firearms Instructors shall be responsible for: Safety procedure on the range - Instructors shall conduct an emergency action “man / woman -down” response plan briefing, in compliance with the standard operating procedures, prior to initiating any training within the facility. Ensuring all training participants and staff wear appropriate protective equipment to include body armor, and brimmed hat. Enforcing posted rules and taking necessary and appropriate actions for all rule violations. Ensuring an appropriate instructor to training participant ratio for safety needs. Reliance on a structured lesson plan design and delivery method. Providing alternative lighting in the event of a power outage on the range. Ensuring appropriate trauma/medical kit is readily available. Range Rules: Colorado POST Firearms Safety Rules 1.All weapons must be treated as if they are always loaded. 2.Never let the muzzle of a weapon point at anything you are not willing to destroy. 3.Keep your finger off the trigger and out of the trigger guard until the sights are on the target and you are prepared to shoot. 4.Always be certain of the target and beyond. 5.Anyone observing an emergency can call for a “stop” or “cease fire” and notify a range staff member of the emergency. 6.All handguns will remain holstered or in a case when behind the firing line unless otherwise specifically directed by an firearms instructor. 7.Un-holstered or un-cased weapons will be pointed in a safe direction at all times (e.g. at the backstop, Safety Circle, etc.). 8.When using long guns (rifle, shotgun), keep the muzzle up and the action open when placing them in provided firearms racks, or pointed in a safe direction whether carried or slung, unless directed to do otherwise by a firearms instructor. 9.Loading and unloading of a firearm is only permitted at the firing line or in the designated loading / unloading area of the range. 10.Loading or unloading of a firearm outside the range requires the use of safety bullet traps, with the muzzle fully inserted into the device. 11.Loading of magazines with ammunition is permitted anywhere within the range and administration building, but not in the parking lot or other facilities. Page 121 30 | P a g e 12.No drinking or eating in the range and no tobacco use is allowed. 13.Sight and hearing protection are required while inside the range. Sight protection should be rated for high velocity impacts. Double hearing protection (i.e., ear plugs and muffs) is recommended by all users while on the range. The only exception to using hearing protection is during a cease fire or cold range condition. 14.Female training participants who may be pregnant are highly discouraged from using the range for concerns surrounding exposure to lead materials and sound concussion from fired handgun. 15.Only authorized duty or practice ammunition may be used unless specifically directed otherwise by a lead instructor. 16.Steel core, steel slug, ceramic tipped, armor piercing, tracer, and any other ammunition that may damage the bullet containment trap are not permitted. Any ammunition that will stick to a magnet on any part of the round is not permitted. The use of black powder or synthetic black powder is not permitted due to air filtration requirements. 17.All calibers greater than .308 may not be used due to limitations of the bullet traps. Other high energy rounds with calibers smaller than .308 may also be excluded from use if deemed hazardous. 18.Shooters may only use the range under the supervision of a NCLETC approved / certified firearms instructor. 19.Only paper or cardboard targets may be used and paper targets must be affixed to backer board. No explosive targets may be used and no glass or glass-like targets on the range. 20.Use and placement of barricades, simulated walls / windows, vehicles and other training aids are allowed but should never be placed in such a way that creates extreme cross lane or high angle impacts to the intended target or bullet containment trap (three lane rule). 21.Any vehicles used on the firing range must be inspected prior to entry to insure they have a clean undercarriage (no snow or mud) and have measures in place to prevent oil or other fluid stains on the firing range floor. 22.Users shall not move or reach beyond the firing line to pick up any item from the ground unless it is safe to do so, until the range is under a cease fire condition and given specific instructions by a range staff member. 23.Users who experience problems with firearms while on the firing line that cannot be cleared through malfunction clearance drills are required to keep their firearm at the firing line with the muzzle pointed toward the bullet containment trap while they seek assistance from a range staff member. 24.Firearms may not be carried by hand from the firing line or anywhere else at the facility unless specifically directed by a range staff member. 25.Use of CN, CS gas or any hazardous material munitions are prohibited. 26.Firearms with fully automatic capability cannot be used in full auto mode during normal range training operations by non-owner agencies. 27.Any range use, training need or course of fire that requires activities outside these standard range rules will require review and prior written approval of a subject-matter expert member of the TAC with notification to the Training Center Manager. Brass Sorting and Pick-up: The range should be cleared of all spent casings at the end of a shooting session. The instructors are responsible for ensuring that the shooters “police” their brass at the end of the session. Latex gloves will be available to the shooters picking up brass. All brass (handgun and rifle) can be collected together without sorting by caliber; however, instructors MUST ensure there is no live ammunition and no non-recyclable casings (aluminum, etc.) in the brass collected. Page 122 31 | P a g e 7004. Appendix 5: Standard Driving Track & Skills Pad Safety Rules & Regulations: Standard Driving Track and Skills Pad Safety Rules and Regulations Revised January 1, 2021 In order to operate a safe and well-maintained law enforcement driving facility the following rules and regulations are required by all who utilize the facility unless granted written permission to operate outside these parameters. Law Enforcement Driving Instructors shall be responsible for: Safety procedure on the driving facility – Instructors shall conduct an emergency action “man / woman - down” response plan briefing, in compliance with the standard operating procedures, prior to initiating any training within the facility. Ensuring all training participants and staff wear protective equipment. Enforcing posted rules and taking necessary and appropriate actions for all rule violations. Ensuring an appropriate instructor to training participant ratio for safety needs. Reliance on a structured lesson plan design and delivery method. Ensuring appropriate trauma/medical kit is readily available. Driving Facility Rules: 1.No smoking is allowed on the facility and no overnight camping is allowed. 2.No equipment may be used by any individual if they have not been trained and authorized by their agency and the training center staff, in the operation of that equipment. 3.There is no user equipment storage or vehicle storage allowed at the NCLETC without prior authorization of the Training Center Manager. 4.A certified driving instructor, Training Center Manager or other facility staff must be present at all times when the driving complex is being utilized and driving time must be scheduled in advance through the agency liaison or Training Center Manager. 5.Before beginning any training, the Lead Instructor or their designee will be responsible to ensure the driving track and / or skills pad is free of foreign objects or debris, in compliance with the inspection check- list. 6.The driving track and skills pad may not be used for personal use. 7.All occupants of vehicles must wear seatbelts, turn the stereo off, and windows must be all the way up or all the way down. 8.If training participants must travel to the driving track and/or skills pad in a personal vehicle, the Training Center Manager and Lead Instructor must be notified. Under no circumstances may personal vehicles be driven on the track or skills pad in a training or other capacity. 9.Driving must be performed at all times to conform with training needs only. Careless or abusive use of the facility will not be tolerated and may result in agency specific discipline or financial responsibility on the part of the user. 10.If a vehicle drives or is forced off the paved roadway surface and shoulder debris is left on the track, instructors and training participants are responsible for sweeping off the paved surfaces and repairing ruts or damage to the shoulder before the end of the respective training day. 11.Speed limits may not exceed 70 mph on the straight away and asphalt fingers and 45 mph on the corners. Page 123 32 | P a g e 12.Instructors must mark out the exterior edge of the south and north super curves with reflective cones placed no less than 10 feet apart while operating the high-speed circuit at night. 13.Non-owner users may not permanently paint markings on the skills pad or driving track. Chalk, flour or roadway crayon markings are permitted. 14.All equipment and cones will be returned to their proper storage location at the conclusion of the training event. 15.All accidents, damage, or significant incidents must be reported to the Safety Officer and Training Center Manager immediately. 16.Any vehicle with a gross vehicle weight (GVW) greater than 20,000 pounds (Bear Cat) must be approved by the Training Center Manager. 70 45 45 70 Page 124 33 | P a g e 7005. Appendix 6: Facility Orientation / Safety Brief: Training Date: Training Time: Lead Instructor: Safety Officer: Radio #: Comms Liaison: Training Location: 5300 N Boyd Lake Ave., Loveland, CO 80538 Land Line – (970) 962-2130 Lat: 40⁰ 26’ 54” N / Long: 105⁰ 1’ 9” W Facilities: First-aid: •Individuals with advanced medical training: •A trauma first aid kit is located: •A separate first aid kit is available for minor injuries. See an Instructor for treatment of minor injuries. •A fire extinguisher will be readily available in the range / on the track as well as in the classroom. •An AED is located in the main hallway outside each of the range entrance doors in the administrative area of the building. Communications: •Instructors will have a cellular phone on their person. •An NCLETC portable radio will be issued to the Safety Officer prior to initiating any training. •In the event of an emergency the instructor in charge at the range will be: OR Procedure to summons Emergency Medical Services (EMS): •At all times, there will be a minimum two ways to contact EMS. (1) A cellular phone with confirmed coverage will be available; and (2) a handheld radio capable of contacting the Training Center Manager or other facility staff. If immediate help is needed the desired number to call is 911. For non-emergency contact Loveland dispatch at 970-667-2151. Firing Range Classroom 1 or 2 Conference Room 1 or 2 Skills Pad Highway Track Other Page 125 34 | P a g e •The Lead Instructor or their designee (Communication Liaison) will be responsible for initiating the emergency medical response to the range. In the event the Lead Instructor is incapacitated another instructor will initiate the response. Students will also be briefed on this process in the event a student is responsible for initiating the response. Transport: •Emergency transport will be by ambulance by contacting Loveland dispatch center. •The Lead Instructor has discretionary authority to make other transportation arrangements if deemed in the best interest of the injured person. Injury Procedures: •In the event of ANY INJURY, Call CEASE FIRE if necessary and notify an Instructor IMMEDIATELY. The Communications Liaison will dial 911 for an injury that requires advanced emergency care. Instructors will render first aid as needed. •The Lead Instructor, Safety Officer or their designee will provide direction to students to safely secure any loaded firearms and maintain the integrity of the scene for potential investigation. •In the event emergency transportation is needed for an injury, an ambulance will be dispatched by Loveland 911 dispatch center. •The nearest hospital is Medical Center of the Rockies, 2500 Rocky Mountain Avenue, Loveland. •In the case of a minor injury the student will report the injury to an Instructor who will ensure that the injury is treated. The Instructor or Safety Officer will also inform the student the requirement to complete a Workman’s Compensation Form for their employer if applicable. •The Lead Instructor will also evaluate the cause of the injury to see if it was caused by training and adjust the training accordingly. •In the case of serious injury all training will cease. The Lead Instructor will notify the Training Center Manager and their chain of command of the injury. Training may resume after the agency's investigation is complete. In the event the death or gunshot wound occurred during a reserve or full academy, then training can only resume after the POST Board or its designated representative(s) have insured the program is operating in compliance with POST rules. Prior to conducting any firearms related training review the following: Colorado POST Firearms Safety Rules 1.All weapons must be treated as if they are always loaded. 2. Never let the muzzle of a weapon point at anything you are not willing to destroy. 3. Keep your finger off the trigger and out of the trigger guard until the sights are on the target and you are prepared to shoot. 4.Always be certain of the target and beyond. Page 126 35 | P a g e 7006. Appendix 7: Emergency Notification Form: AFTER CALLING 911 IDENTIFY / ATTEMPT TO IDENTIFY THE FOLLOWING INFORMATION: 1)Location:Northern Colorado Law Enforcement Training Center 5300 N Boyd Lake Ave., Loveland, Co 80538 Range Coordinates: LAT: “40 degrees, 26 minutes, 54 seconds north” LONG: “105 degrees, 01 minute, 10 seconds west” ELEVATION: “4980 feet” 2)Type of Wound:(e.g., Gunshot, Fracture, Heart Attack, etc.) 3)Wound Location:(e.g., Right Hand, Left Foot, etc.) 4)Treatment Applied:(e.g., Tourniquet, AED, Quick Clot, etc.) 5)Victim Responsiveness: (e.g., Conscious, Alert, Disoriented, etc.) 6)Known Medical Issues: (e.g., Allergies, Diabetic, Blood Thinners, etc.) 7)Victim’s Gender: 8)Victim’s Age: Regional Medical Resources 1.Loveland Fire Station 6:4325 McWhinney Blvd., Loveland CO 80538 Primary Response (970)962-2476 / 2.5 miles South 2.UC Health Medical Center of the Rockies: 2500 Rocky Mountain Ave., Loveland, CO 80538 Level II Trauma (970)624-1600 / 2.5 miles SE 3.Banner Health McKee Medical Center: 2000 Boise Avenue, Loveland, CO 80538 Level III Trauma (970)820--4071 / 3.0 miles SW 4.Denver Health:777 Bannock Street, Denver, CO 80204 Level I Trauma (303)436-6000 / 49 miles South by air Page 127 36 | P a g e 7007. Appendix 8: Emergency Response Plan: MAN / WOMAN-DOWN PROCEDURES Emergency Response Plan The intent of this emergency response plan is to provide a frame work and guidance to facility staff for response to any emergency occurring within the training center. While firearms injury-based emergencies are the most obvious of potential threats to safety, there are a number of other potential causes of an emergency to consider. This emergency response plan is meant to provide role assignments, areas of responsibilities and desired objectives to achieve in response to and mitigation of any emergency that might be encountered. 1.Lead Instructor: a.Upon identification of an existing emergency, the Lead Instructor will be responsible for the immediate ceasing of all live-fire (set “cold range” conditions) or drivers training and ensure training participants are escorted to a secure location in a safe and orderly manner. Training participants will be removed to an area designated in the Emergency Response Plan and the Lead Instructor will remain with the training participants until relieved by first responder professionals. i. Initial Response Considerations: 1.Ensure any injured persons are identified and attended to immediately. 2.Notify the Communications Liaison of the location of the incident and nature of any injuries. 3.Select and communicate the appropriate location for evacuation and holding of non-impacted training participants. 4.Make additional assignments of available facility staff, as needed. 5.Manage all non-impacted training participants to ensure their safety and security. 6.Any incident resulting in injury from a gunshot should be treated as a potential crime scene and managed as such. 2.Safety Officer: a.Upon identification of an existing emergency, the safety Officer will be responsible for any required first aid or medical assessment or treatment, as qualified, if the emergency involves an injured or ill person. If no one has been injured in the emergency, the Safety Officer will ensure safety measures are deployed to prevent injuries until relieved by first responder professionals. i.EMT Considerations: 1.Respond with AED, Trauma Equipment, etc. 2.Conduct a primary and secondary injury assessment and ensure a safe scene for patient treatment. 3.Provide emergency care as appropriate. 4.Communicate patient injuries, condition and any treatment applied to the Communications Liaison. Page 128 37 | P a g e 5.Prepare patient for link up with responding EMS assets. 3.Communications Liaison: a.Upon identification of an existing emergency, the Communications Liaison will be responsible for all communications and notification needs to summon the appropriate response of police, fire, medical, or HAZMAT resources. The Communications Liaison will provide pertinent information to responding units and coordinate with the communications center when appropriate. i. Initial Response Considerations: 1.Use the “AFTER CALLING 911” guidance sheet for initial incident reporting. 2.Ensure notification of the incident is made to Training Center Manager. 3.Keep a running log of incident events and times for the reporting requirements. 4.Coordinate link up for responding public safety assets. 5.Refer all external / media inquiries to the City of Loveland’s Public Information Officer. 4.Facility Staff Injury: a.Should a member of the facility staff be involved / injured in an emergency, their assigned role in the emergency response plan shall be reassigned a soon as practical. To facilitate this, it is essential that all facility staff understand and be capable of performing any of these essential functions. 5.Medical Response Considerations: a.Because of the close proximity of Fire / EMS resources and regional hospital services (see “AFTER CALLING 911” guidance sheet), the need for air based medical transportation from the training center will in most cases be inefficient. This decision will be made by EMS professionals once on scene, but in most cases injured persons will be transported to the nearest trauma hospital and any need for air transport to higher level trauma centers will be arranged from that hospital. 6.Evacuation / Shelter Considerations: a.Considerations: The most appropriate evacuation or shelter locations for non-impacted training participants will be determined by the nature of the incident and any threat it poses. For example, a single patient with a significant injury or medical condition within the firing range may only require the evacuation of non-impacted training participants to the rear of the firing range, for safety and holding until released by public safety professionals. A hazardous materials spill within the firing range may require the evacuation of all training participants (including any injured persons) to the classroom area or even completely off-site. b.Shelter Locations: See the “Training Facility Description” in Chapter 7 of the Standard Operating Procedures, Appendix 1. 7.Other Considerations: a. Interior Threat Assessment: Risk management considerations indicate the highest probability for emergency response needs within the training center’s facilities, center on; Page 129 38 | P a g e i.The use of firearms and the potential for injury that is associated. ii. Vehicle accidents iii. Fall or trip injuries and other medical conditions or ailments, on an individual basis. iv.Fire danger and hazardous materials spills, while unlikely, are still a potential given the materials stored in support of all training center facilities. b.Exterior Threat Assessment: Risk management considerations indicate exterior threats could include; i.Power Failure to the facility: There are no auxiliary power sources for the facility and there are limited back up lighting sources in the firing range. ii.Weather related Threats: Significant and sudden storms could produce situations requiring “shelter in place” response (high wind, tornado) or immediate closure and evacuation (roof snow loads, flooding). iii.Threats associated with the airport Page 130 39 | P a g e 7008. Appendix 9: Injury Report Form: Page 131 Page 132 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Director Date: March 8, 2022 RE: Resolution 24-22 An Intergovernmental Agreement for Technical Support Services with Platte River Power Authority (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: The staff's objective is to improve collaboration and integration with Platte River Power Authority (PRPA). Town Board approval for this Intergovernmental Agreement (IGA) simplifies our procurement of PRPA services. Present Situation: Decarbonizing electricity with intermittent renewables hinges on the modernization of our grid, and there is a frantic worldwide effort 1 to modernize. Just as modernization of commerce radically transformed shopping, the modernization of the electric sector will bring efficiencies to electric service. The PRPA Board foreshadowed the necessity of grid modernization 2 in their “2018 Resource Diversification Policy” in these provisos: •Transmission and distribution delivery systems must be more fully integrated •Generation, transmission, and distribution rate structures must facilitate systems integration The United States power grid is considered the world's largest machine, and it operates on a system of systems. Today, many of these systems are antiquated and not compatible with each other. New, modern systems will increase work efficiencies by doing more with less, ultimately benefiting customers. These new systems will also enable the flexibility of demand and storage to complement the intermittency of renewable resources. 1 The use of various terminology reflects the worldwide, frantic, independent work to modernize for the sake of renewables: “Grid Modernization”, “the Internet of Energy (IoE)”, “Energy 4.0”, “Smart Grid”, “the Digital Grid”, the “Transactional Grid”... 2 “Energy Policy Act”, December 2020, Grid Modernization Initiative, DOE Page 133 Collaborating with PRPA to leverage PRPA expertise and reinforce our in-house capabilities is a first step to help us incrementally modernize and integrate systems. Long-term goals include replacing our antiquated billing system with a modern billing system to streamline payments to customers for beneficial grid services based on real- time pricing signals. Proposal: Staff proposes approval of the IGA to streamline the collaboration with PRPA on day-to- day operational needs as we work to integrate transmission systems with distribution systems. There are no proposed projects at this time; however, we have other, similar agreements with PRPA to oversee our two substations, our Energy Efficiency programs, and our Supervisory Control and Data Acquisition system. Advantages: •Increases PRPA and Estes Park agility to respond to emerging issues and unexpected challenges. •Reliable and affordable electric service with intermittent renewables require modern systems operating our grid. Disadvantages: •May become a stopgap as PRPA and Estes Park work with the other PRPA owner communities to develop more comprehensive, multilateral roadmap. For example: o A centralized Meter Data Management System for effective Time of Use rate implementation, and o A Distributed Energy Resource System to control flexible loads which complement intermittent renewables. Action Recommended: Staff respectfully request the Board to approve this IGA. Finance/Resource Impact: Current impact: Not applicable at this time Total project amount: To Be Determined Level of Public Interest The level of public interest is low. Few people understand that the day-to-day technical and operational needs of an electric utility. Sample Motion: I move for the approval of Resolution 24-22. Attachments: 1.Resolution 24-22 2.Intergovernmental Agreement Page 134 RESOLUTION 24-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PLATTE RIVER POWER AUTHORITY FOR TECHNICAL SUPPORT SERVICES WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of receiving technical support services. 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 agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 135 1 INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SUPPORT SERVICES This Intergovernmental Agreement for Technical Support Services (“Agreement”) is made this day of , 2022 (the “Effective Date”) by and between the Town of Estes Park, a Colorado municipal corporation (the “Town”) and PLATTE RIVER POWER AUTHORITY, a political subdivision of the state of Colorado (“Platte River”). The Town and Platte River may be referred to individually as a “Party” and together as the “Parties.” RECITALS A.Platte River is a political subdivision of the state of Colorado, formed by agreement of its owner communities of Estes Park, Fort Collins, Longmont, and Loveland with the primary purpose of providing electric generation and transmission services to the owner communities. B.To fulfill its mission, Platte River maintains full-time staff with engineering and other types of technical expertise relevant to utility operations. C.The Town may at times have projects that could be completed efficiently with assistance from Platte River to complement the technical expertise of the Town’s own staff. D.As governmental entities in Colorado, the Town and Platte River are authorized under Colorado Revised Statues section 29-1-203 to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. E.Platte River is willing to provide technical services to support the Town projects when requested from time to time, provided Platte River’s Authorized Signatory (as defined in Section 1) determines Platte River’s available staff have the necessary qualifications and capacity to do so without compromising Platte River’s ability to fulfill its primary purpose. The Parties agree therefore agree as follows: AGREEMENT 1.Defined Terms. “Active Project” means a Project for which a Project Order is in effect but not yet completed. “Agreement” has the meaning given in the preamble. “Authorized Contact” means a specific individual, as listed on Exhibit B to this Agreement on the Effective Date or as subsequently designated as provided in Section 6.2, who serves as the primary contacts for Project implementation under Section 6.6 and for all routine, informal communications related to this Agreement on behalf of the designating Party. Attachment 2 Page 136 2 “Authorized Signatory” means a specific individual, as listed on Exhibit B to this Agreement on the Effective Date or as subsequently designated as provided in Section 6.2, who has authority to bind a Party by approving and signing Project Orders. “Effective Date” has the meaning given in the preamble. “Town” has the meaning given in the preamble. “Party” and “Parties” have the meanings given in the preamble. “Platte River” has the meaning given in the preamble. “Project” means a specific set of tasks or services or activities that, with the agreement of the Authorized Signatories for the Town and Platte River, may be implemented according to the terms of this Agreement and a signed Project Order. “Project Order” means a written instrument (consisting of or including an agreed-upon Project Work Scope) that has been approved and signed by at least one Authorized Signatory of each Party and is therefore binding on the Parties according to its terms and this Agreement. “Project Work Scope” means a written instrument, consistent with the requirements of Exhibit A, that describes a particular Project to be carried out subject to the terms of this Agreement. 2.Purpose. The purpose of this Agreement is to establish a framework and set of general terms and conditions to govern periodic collaborations where Platte River may assist the Town by providing technical support services (such as engineering). Consistent with these general terms and conditions, when terms specified in a Project Work Scope are mutually acceptable to the Town and Platte River, Authorized Signatories can approve and sign Project Orders to facilitate more timely and efficient completion of agreed-upon Projects using the Parties’ combined technical resources. 3.Term and Termination. 3.1 Term. This Agreement will be effective on the Effective Date and will remain in effect for a period of one year. Thereafter, this Agreement will automatically renew for additional one-year periods unless both Parties agree in writing to terminate it or one of the Parties exercises its termination rights under Section 3.2. 3.2 Termination. Either Party may, at any time in its sole discretion for any reason or no reason, terminate this Agreement by providing at least 60 days’ prior written notice to the other Party. 3.3 Survival. If this Agreement terminates, any provisions in a Project Order that has not been completed by the termination date will survive until completed unless the Parties specify a written instrument providing for termination that all Active Projects are to be terminated concurrently with this Agreement. Any payment obligations outstanding on the termination date, as well as the provisions in Section 5 (Reimbursement for Services; Payment), will survive until fully satisfied. In addition, this Section 3.3 (Survival), Section 8 (Standard of Service; No Warranties), Page 137 3 Section 9 (Limitation of Liability) Section 10 (Independent Contractor Relationship), Section 11 (No Third-Party Beneficiaries), Section 13 (Governmental Immunity), Section 14 (Governing Law and Venue), Section 15 (Headings; Section and Other References), Section 16 (Severability), and Section 18 (Entire Agreement; Amendment) will survive until all statutes of limitations related to claims that could be made in connection with this Agreement have run. 4.Services. Subject to Section 6.4 and Section 8, Platte River’s services to the Town under this Agreement will generally consist of engineering, field services, or other technical support services, as more specifically described in Project Orders the Parties elect to issue from time to time. 5.Reimbursement for Services; Payment. Platte River will invoice the Town, and the Town will reimburse Platte River, for its costs to fulfill any Project Orders, as specified in this Section 5. If the Town asks for a Project cost estimate (and Platte River elects to offer a Project proposal under Section 6.4), Platte River will provide a good-faith estimate of its total cost to complete the Project Order based on the information the Town has provided. Any cost estimate for a Project is nonbinding and offered as courtesy only. The Town’s payment obligations for any Project Orders will be as stated in Sections 5.1 through 5.4. 5.1 Invoicing. Platte River will invoice the Town on a monthly basis for services provided for all Active Projects. Monthly invoices will reflect (a) the time spent by Platte River staff on Active Projects (calculated as provided in Section 5.2), (b)Platte River’s actual costs for any parts or third-party services purchased on behalf of the Town, (c) Platte River’s actual costs for any unique equipment necessary to carry out Active Projects, and (d) vehicle costs incurred by Platte River on behalf of the Town (using the applicable federal business mileage rate). 5.2 Billing Rate. Platte River’s billing rate for staff time devoted to Project Orders will consist of the applicable staff members’ direct pay and benefits (without the addition of any administrative costs). 5.3 Changes to Billing Rate. The Town acknowledges that Platte River’s billing rate for staff time may change from time to time during the term of this Agreement to reflect changes to applicable staff members’ pay and benefits. The billing rate in any Project Order is binding for the duration of the applicable Project. 5.4 Payment Terms. Payment will be due within 20 days after Platte River’s delivery to the Town of an invoice under this Agreement. Platte River has the right apply a late fee of 1% per month to any balance outstanding after the due date. 6.Project Order Development Process. Whenever the Parties propose to collaborate on a Project within the scope of this Agreement, they will follow the procedures specified in this Section 6 with the goal of developing a mutually acceptable Project Order. 6.1 Project Work Scope Elements. Each Project Work Scope under this Agreement must contain, at a minimum, the information specified in Exhibit A, “Project Work Scope Elements.” Page 138 4 6.2 Authorized Signatories and Contacts. A Project Order must be approved and signed by at least one Authorized Signatory for each Party. As of the Effective Date, the Authorized Signatories and Contacts of the Parties are as listed in Exhibit B, “Authorized Signatories and Contacts.” Platte River’s Authorized Signatories and Contacts may be changed only by Platte River’s delivery to the Town of written notice specifically referring to this Agreement and signed by an officer of Platte River. The Town’s Authorized Signatories and Contacts may be changed only by the Town’s delivery to Platte River of written notice specifically referring to this Agreement and signed by the Town’s Utilities Director or designee. Exhibit B, “Authorized Signatories and Contacts,” may be updated from time to time to reflect notices validly given under this Section 6.2. For the Town, only the Authorized Signatory may bind the Town, approve Project Orders under Section 6.5, or approve Changes to Project Orders in writing under Section 6.7. The Town’s Authorized Contacts may participate in development of Project Work Scope by initiating requests under Section 6.3 and will be the primary contacts for Project implementation under Section 6.6 and for all routine, informal communications between the Parties. Two Authorized Contacts are provided to ensure availability and redundancy for the Town, and Platte River may confer with one or both of them as appropriate for a given project and as each is available. 6.3 Request for Support Services. The Town may request support services from time to time according to its needs and preferences. The process to develop a Project Order will begin when an the Town’s Authorized Signatory or Contact contacts a Platte River Authorized Signatory to request a proposed Project Work Scope. A request under this Section 6.3 may be informal (for example, by telephone call or email), but should describe the applicable Project and requested support services in enough detail to enable Platte River to develop a proposed Project Work Scope under Section 6.4. 6.4 Proposed Project Work Scope. After the Town requests a proposed Project Work Scope under Section 6.3, Platte River will make good-faith efforts to promptly acknowledge and consider the Town’s request. Platte River will determine, in its sole discretion, whether it has available and qualified staff and other resources to accommodate the request and whether to develop and deliver to the Town a proposed Project Work Scope. The Town acknowledges and agrees that Platte River has no obligation to provide a proposed Project Work Scope and may decline to do so for any reason or no reason. Upon Platte River’s decision to decline to provide a proposed Project Work Scope, it will inform the Town within a reasonable time of the request so that the Town may make other arrangements. 6.5 Project Order Approval and Memorialization. A Project Order will take effect and become binding on the Parties when the terms of the Project Order (including the applicable Project Work Scope) have been approved by at least one Authorized Signatory for each of the Parties, which they must signify by signing and dating the applicable Project Order. All Project Orders will be governed by this Agreement; nothing in a Project Order or Project Work Scope may amend, modify, or override any provision of this Agreement. The Parties recognize and agree that multiple Active Projects may be in effect concurrently. 6.6 Project Implementation. Whenever there are one or more Active Projects under this Agreement, the Parties will collaborate in good faith to facilitate efficient, Page 139 5 successful completion of the applicable Projects. The Parties envision that consistent coordination, ongoing communication, and periodic monitoring will enhance the likelihood of mutually satisfactory outcomes. 6.7 Changes to Project Orders. Once signed as provided in Section 6.5, a Project Order may be modified only by a written instrument (specifically referring to the applicable Project Order) signed by the Authorized Signatories of both Parties. 7.Notices. Any formal notice, request, consent, approval, or communication under this Agreement will be binding only if delivered in writing to the Authorized Signatory of the intended recipient by (a) personal service, (b) first class mail, (c) email (confirmed by reply email from the Authorized Signatory) at the contact information specified for the Authorized Signatory in Exhibit B, “Authorized Signatories and Contacts.” 8.Standard of Service; No Warranties. Platte River, in carrying out Project Orders, will make good-faith efforts to carry out the applicable tasks or activities or services according to the terms specified in the Project Orders using suitably qualified staff members. Except as stated in the preceding sentence, Platte River disclaims all warranties or guarantees concerning its performance under this Agreement (and all associated Project Orders) or the results of any tasks or activities or services it may provide (including warranties of merchantability or fitness for a particular purpose). The Town acknowledges and agrees that it is fully and independently responsible for determining whether to accept or rely on any services, advice, or recommendations provided by Platte River in connection with this Agreement or any Project Order. 9.Limitation of Liability. Neither Party will be liable to the other Party under this Agreement for any consequential, incidental, punitive, exemplary, special, equitable, or indirect damages, lost profits, or other business interruption damages, whether by statute, in tort, or by contract. 10.Independent Contractor Relationship. The Parties agree that Platte River is an independent contractor and not an employee, agent, or servant of the Town. Nothing in this Agreement creates an association, joint venture, or partnership between the Parties or imposes any partnership obligation or liability on either Party. Neither Party will have any right, power, or authority to enter into any agreement or undertaking for, act on behalf of, or act as an agent or representative of the other Party. 11.No Third-Party Beneficiaries. This Agreement governs only rights and obligations between the Parties with respect to its subject matter. There are no express or implied third-party beneficiaries of this Agreement. 12.Appropriation Required. The financial obligations of the Parties under this Agreement are from year to year only and do not constitute a multiple-fiscal-year debt or other financial obligation or fiscal obligation of any kind payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment of expenditures related to this Agreement. 13.Governmental Immunity. Nothing in this Agreement will operate as an express or implied waiver by either Party of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§24-10-101, et Page 140 6 seq., or of any other defenses, immunities, and limitations of liability available by law to the Parties or their governing bodies, officers, or employees. 14.Governing Law and Venue. This Agreement will be governed in all respects by the laws of the state of Colorado (exclusive of choice-of-law principles), and venue for any action related to this Agreement will be in Larimer County, Colorado. 15.Headings; Section and Other References. Captions and headings in this Agreement are for ease of reference only and do not constitute part of this Agreement. References to “preamble,” “Section,” and “Exhibit” are to the preamble, sections, and exhibits of this Agreement and encompass the preamble, relevant section (and associated subsections) or exhibit in its entirety unless specifically stated otherwise. 16.Severability. If any term (or the application of any term) of this Agreement (or any Project Order) is held invalid, illegal, or unenforceable by any court or administrative body having jurisdiction, all other terms and their application will remain valid and the Parties will attempt to amend this Agreement in a mutually acceptable manner to restore the Parties to the positions they would been in but for the holding. 17.Authority. The Parties recognize the legal constraints imposed on them by the constitutions, statutes, and regulations of the state of Colorado and of the United States, as well as those imposed on the Town by its charter. Subject to these constraints, the Parties intend to carry out the terms of this Agreement and any Project Order. Nothing in this Agreement obligates either Party to exercise any power or take any action prohibited by applicable law. 18.Entire Agreement; Amendment. This Agreement (together with provisions set forth in any Project Orders) contains the entire agreement of the Parties concerning its subject matter. This Agreement may not be amended, modified, or overridden except by a signed, written instrument that specifically refers to this Agreement and is authorized by the city council of the Town and the general manager of Platte River. Project Orders approved and signed under Section 6.5 do not constitute amendments to this Agreement. 19.Counterparts. This Agreement (and Project Orders) may be signed in counterparts, each of which will be deemed an original and which together will constitute a single binding instrument (and, in the case of a Project Order, an integrated part of this Agreement). Page 141 7 PLATTE RIVER POWER AUTHORITY ATTEST: By: By: General Manager/CEO Secretary APPROVED AS TO FORM: By: General Counsel Page 142 8 Town of Estes Park ATTEST: By: By: Mayor Town Clerk APPROVED AS TO FORM: Town Attorney Page 143 9 EXHIBIT A PROJECT WORK SCOPE ELEMENTS •Effective date of Project Order •Expiration date of Project Order (if any) •General description of Project •Type of expertise and skills needed for Project •Project start date •Project completion date •Estimated staff work hours, vehicle charges, and materials to be devoted to Project •General description of Project management and coordination process •Nonbinding cost estimate (upon request) •[Optional additional information] Page 144 10 EXHIBIT B AUT HORIZED SIGNATORIES AND CONTACTS Platte River Power Authority For Platte River, only an Authorized Signatory may bind Platte River, approve Project Orders under Section 6.5, or approve Changes to Project Orders in writing under Section 6.7. Platte River’s Authorized Contacts will be the primary contacts for Project implementation under Section 6.6 and for all routine, informal communications between Parties. Authorized Signatory: Matthew Scheppers System Engineering Manager Telephone: 970-229-5303 Email: ScheppersM@prpa.org Authorized Signatory: Gary Whittenberg Director of System Maintenance & Facilities Telephone: 970-229-5371 Email: WhittenbergG@prpa.org Authorized Signatory: David Smalley Chief Financial Officer Telephone: 970-229-5256 Email: SmalleyD@prpa.org Authorized Signatory: Rob Morse Director of Technology Telephone: 970-229-4825 Email: MorseR@prpa.org Authorized Contact: Brian Snell Substation Maintenance Supervisor Telephone: 970-229-1758 Email: SnellB@prpa.org Authorized Contact: Mark Siano System Engineering Design Supervisor Telephone: 970-229-5258 Email: SianoM@prpa.org Page 145 11 Town of Estes Park For the Town, only the Authorized Signatory may bind the Town, approve Project Orders under Section 6.5, or approve Changes to Project Orders in writing under Section 6.7. The Town’s Authorized Contacts may participate in development of Project Work Scope by initiating requests under Section 6.3 and will be the primary contacts for Project Implementation under Section 6.6 and for all routine, informal communications between the Parties. Authorized Signatory: Reuben Bergsten, Utilities Director, RBergsten@Estes.org Authorized Contact: Joe Lockhart, Line Superintendent, JLockhart@Estes.org Page 146 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 8, 2022 RE: Resolution 25-22 New Hotel & Restaurant Liquor License Application for Birds Nest LLC dba Bird’s Nest, 1221 High Drive, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Hotel & Restaurant liquor license located at 1221 High Drive, Estes Park, Colorado. Application filed by Birds Nest LLC dba Bird’s Nest. Present Situation: An application for a new Hotel & Restaurant liquor license was received by the Town Clerk’s office on March 8, 2022. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and have owned and operated Bird & Jim adjacent to this property since 2017 and have completed TIPS training in the past. Proposal: To present the application for the Town Board’s review and consideration for a new Hotel & Restaurant liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the new Hotel & Restaurant Liquor License at 1221 High Drive, Estes Park, Colorado, filed by Birds Nest LLC dba Bird’s Nest. Page 147 Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 25-22. Attachments: 1. Resolution 25-22 2.Procedure for Hearing 3.Application 4.Individual History 5.Police Report Page 148 RESOLUTION 25-22 A RESOLUTION PERMITTING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR BIRDS NEST LLC DBA BIRD’S NEST WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on March 8, 2022 for a New Hotel and Restaurant Liquor License, filed by Birds Nest LLC dba Bird’s Nest, 1221 High Drive, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by Birds Nest LLC dba Bird’s Nest, 1221 High Drive, Estes Park, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 149 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business will be the public hearing on the application of Birds Nest LLC dba Bird’s Nest for a new Hotel & Restaurant Liquor License located at 1221 High Drive, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed February 1, 2022.  At a meeting of the Board of Trustees on February 22, 2022, the public hearing was set for 7:00 p.m. on Tuesday, March 8, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 4.70 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use.  The notice of hearing was published on February 25, 2022 .  The premises was posted on February 23, 2022 . Attachment 2 Page 150 2  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: I move that Resolution XX-22 be approved/denied for a new Hotel and Restaurant liquor license for the Birds Nest LLC dba the Bird’s Nest at 1221 High Drive, Estes Park, Colorado. Page 151 DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application □New License l8l New-Concurrent □ Transfer of Ownership □ State Property Only □ Master file. All answers must be printed in black ink or typewritten. Applicant must check the appropriate box{es). Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado.gov/Liquor 1.Applicant is applying as a/an D Individual 18]Limited Liability Company □Association or OtherD Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number Birds Nest LLC 364931200 2a. Trade Name of Establishment (OBA) I State Sales Tax Number Business Telephone Bird's Nest 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 1221 High Drive City County State ZIP Code Estes Park Larimer co 80517 4. Mailing Address (Number and Street)City or Town State ZIP Code 1221 High Drive Estes Park co 80517 5. Email Address info@thebirds-nest.com . 6. If the premises currently has a liquor or beer license, you must answer the following questionsPresent Trade Name of Establishment (OBA) I Present State License Number I Present Class of License Present Expiration Date NA NA NA NA Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* D Application Fee for New License ............................................ $1,100.00 D Liquor-Licensed Drugstore (County} .................................................. $312.50 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment -L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1, 1 00.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00 Section B Liquor License Fees* D Manager Registration - H & R ................................................................ $75.00 D Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & Entertainment... ............................. $75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 D Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City} ......................................................... $500.00 D Arts License (City} ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County} ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County} ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County} ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 � Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (Counly} .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG.Co/orado.gov/Liquorfor more information Do not write in this space • For Department of Revenue use only Liability Information License Account Number I Liability Date I License Issued Through (Expiration Date) Total $ Attachment 3 Page 152 DR 8404 (12/29/21)Application Documents Checklist and Worksheet Instructions:This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed.Upon final State approval the license will be mailed to the local licensing authority.Application fees arenonrefundable.Questions?Visit:SBG.Colorado.gov/Liquor for mote information Items submitted,please check all appropriate boxes completed or documents submitted Applicant information1A.Applicant/Licensee identified B.State sales tax license number listed or applied for at time of application E1 C.License type or other transaction identified L D.Return originals to local authority (additional items may be required by the local licensing authority)L E.All sections of the application need to be completed LI F.Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re tail License Application II.Diagram of the premiseslA.No larger than 8 1/2”X 11° L1 B.Dimensions included (does not have to be to scale).Exterior areas should show type of control (fences, walls,entry/exit points,etc.) L C.Separate diagram for each floor (if multiple levels)1 D.Kitchen -identified if Hotel and Restaurant FJ E.Bold/Outlined Licensed Premises Ill.Proof of property possession (One Year Needed) LI A.Deed in name of the applicant (or)(matching question #2)date stamped /filed with County ClerkLB.Lease in the name of the applicant (or)(matching question #2) LI C.Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant LI D.Other agreement if not deed or lease.(matching question #2) IV.Background information (DR 8404-I)and financial documents A.Complete DR 8404-I for each principal (individuals with more than 10%ownership,officers,directors, partners,members) L1 B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO —https:lluenroll.identogo.corn/Phone:844-539-5539 (toll-free) Colorado Fingerprinting —http://www coloradofingerprinting.corn Appointment Scheduling Website:http:llwww.coloradofingerp rinting.corn/cabs! Phone:720-292-2722 Toll Free:833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBI’s website here: https.Ucbi.colorado.gov/sections!biornetric-identification-and-records-unitlemployrnent-and-background-checks LI C.Purchase agreement,stock transfer agreement,and/or authorization to transfer license LI D.List of all notes and loans (Copies to also be attached) V.Sole proprietor/husband and wife partnership (if applicable) LI A.FormDR4679 LI B.Copy of State issued Driver’s License or Colorado Identification Card for each applicant VI.Corporate applicant information (if applicable) LI A.Certificate of Incorporation LI B.Certificate of Good Standing LI C.Certificate of Authorization if foreign corporation (out of state applicants only) VII.Partnership applicant information (if applicable) LI A.Partnership Agreement (general or limited). LI B.Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable)1 A.Copy of articles of organization B.Certificate of Good Standing E C.Copy of Operating Agreement (if applicable) LI D.Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant,Tavern,Lodging &Entertainment,and Campus Liquor Complex licenses when included with this application LI A.$75.00 fee E1 B.Individual History Record (DR 8404-I) El C.If owner is managing,no fee required 2 Page 153 DR 8404 (12/29/21) Name Type of License Account Number 7.Is the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers, Yes No stockholders or directors if a corporation)or managers under the age of twenty-one years?LI 8.Has the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers, stockholders or directors if a corporation)or managers ever (in Colorado or any other state): a.Been denied an alcohol beverage license? b.Had an alcohol beverage license suspended or revoked?LI II c.Had interest in another entity that had an alcohol beverage license suspended or revoked?LI If you answered yes to 8a,b or c,explain in detail on a separate sheet. 9.Has a liquor license application (same license class),that was located within 500 feet of the proposed premises,been denied within the LI preceding two years?If “yes”,explain in detail. _____________________________________________________________________________ 10. Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of Colorado law,or the principal campus of any college, university or seminary? Waiver by local ordinance?LI LI Other: ____________________ 11.Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-LI FI way of the Licensed LLDS/RLS. 12.Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal LI doorway of the Licensed LLDS/RLS. 13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016?LI 13 b.Are you a Colorado resident?LI 14.Has a liquor or beer license ever been issued to the applicant (including any of the partners,if a partnership;members or manager if a Limited Liability Company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any j LI current financial interest in said business including any loans to or from a licensee. 15.Does the applicant,as listed on line 2 of this application,have legal possession of the premises by ownership,lease or other J LI arrangement? LI Ownership Lease LI Other (Explain in Detail) __________________________________________________________________________ a.If leased,list name of landlord and tenant,and date of expiration,exactly as they appear on the lease: Landlord Tenant Expires Strong &Co Birds Nest LLC 4/1/2023 b.Is a percentage of alcohol sales included as compensation to the landlord?If yes,complete question 16.LI c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions)which shows the bars,brewery,walls, partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2”X 11”. 16.Who,besides the owners listed in this application (including persons,firms,partnerships,corporations,limited liability companies)wiIl loan orgive money inventory,furniture or equipment to or for use in this business;or who will receive money from this business?Attach a separate sheet if necessary. Last Name First Name NA NA Last Name First Name NA NA FEIN or SSN Interest/Percentage NA NA NA of Birth FEIN or SSN Interest/Percentage NA NA NA Attach copies of all notes and security instruments and any written agreement or details of any oral agreement,by which any person (including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?LI Number of additional Optional Premise areas requested.(See license fee chart)I NA 18.For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4),include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or other legal permissions. 19. Liquor Licensed Drugstore (LLDS)applicants,answer the following: a.Is there a pharmacy, licensed by the Colorado Board of Pharmacy,located within the applicant’s LLDS premise?LI If “yes”a copy of license must be attached. 3 Page 154 DR 8404 (12/29/21) Name I Type of License Account Number 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? □ l8:Ib. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the □l8:Iobject of a patriotic or fraternal organization or society, but not for pecuniary gain? c.How long has the club been incorporated? NA d.Has appli cant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? □l8:I 21. Brew-Pub , Distillery Pub or Vintner's Restaurant applicants answer the following: □l8:Ia. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) 22. Campus Liquor Complex applicants answer the following: a.Is the applicant an institution of higher education?□l8:I b.Is the applicant a person who contracts with the institution of higher education to provide food services?□l8:IIf "yes" please provide a copy of the contract with the institution of higher education to provide food services. 23. For all on-premises applicants.a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit anIndividual History Record-DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. b.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints.Last Name of Manager I First Name of Manager Newsted Thomas 24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number. □l8:I 25.Related Facility -Campus Liquor Complex applicants answer the following: □l8:I a. Is the related facility located within the boundaries of the Campus Liquor Complex? If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility-Campus Liquor ComplexLast Name of Manager I First Name of Manager NA NA 26.Tax Information.Yes No a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? b.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ [El other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section44-3-503, C.R.S.? 27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approvedState Vendor through their website. See application checklist, Section IV, for details. Name Home Address, City & State DOB Position %Owned Melissa Strong 3813 Dollar Lake Dr. Estes Park, CO CEO 62 Name Home Address, City & State DOB Position %Owned John Witmer 185 Timber Ln. Estes Park, CO VP 38 Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned ** If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: [El Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 Page 155 DR 8404 (12/29/27) Name Type of License Account Number Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signature Printed Name and Title Date Melissa Strong 10/3/1973 Report and Approval of Local Licensing Authority (CitylCounty) Date application filed with local authority Date of local authority hearing (for new license applicants;cannot be less than 30 days from date of application) Z /Iazz..3/IZOZZ_ The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-I (Individual History Record)or a DR 8000 (Manager Permit)has been: ,‘Fingerprinted ,1’Subject to background investigation,including NCIC/CCIC check for outstanding warrants That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of,liquor code provisions affecting their class of license (Check One) LI Date of inspection or anticipated date _______________________ Will conduct inspection upon approval of state licensing authority LI Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS)within 1,500 feet of another retail liquor license for off-Yes No premises sales in a jurisdiction with a population of>10,0000?LI LI LI Is the Liquor Licensed Drugstore(LLDS)or Retail Liquor Store (RLS)within 3,000 feet of another retail liquor license for off- premises sales in a jurisdiction with a population of <10,0000? NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDSIRLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. LI Does the Liquor-Licensed Drugstore (LLDS)have at least twenty percent (20%)of the applicant’s gross annual income derived from the sale of food, during the prior twelve (12)month period? The foregoing application has been examined; and the premises,business to be conducted,and character of the applicant are satisfactory.We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,and will comply with the provisions of Title 44,Article 4 or 3,CR5.,and Liquor Rules.Therefore,this application is approved. Local Licensing Authority for Telephone Number LI Town, City LI County Signature Print Title Date Signature Print Title Date 5 Page 156 DR 8495 (07123119) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Melissa Strong am signing this Ta x Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of Melissa Strong (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue Is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-1 01 . et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver Is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113( 4 ), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business) The Bird's Nest LLC Address City Estes Park Home Phone Number 970-227 -33 21 I Social Security Number/Tax Identification Number 1221 High Drive I State CO I Zip !Business/Work Phone Number 970-58 6-9 832 80517 Printed name of person signing on behalf of the ApplicanVLicensee Melissa Strong ApplicanVLlcensee's Signature (Signature authorizing the disclosure of confidential tax information) 11' Ar:2 J v � J Privacy Act Statement 'Date signed 1/25/22 Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it.§ 7 of Privacy Act, 5 USCS § 552a (note). Page 157 Bird & Jim LLC LiquorLicense:4707954 Sales Tax License: Owners: Melissa Strong, John Witmer Separate business-no loans attached to Birds Nest LLC Page 158 - II;CD r\)0- £2 C0-f 0 CD C’) CD ri z G) ifim H 0 HIGHDRIVE 0)0Bird&JimI II -- CDCDI lir,IIIJ3J\IDij’Nestls-—C— 0I!EII•I cI 1221HighDrive‘‘CDI 0 CDIlI EstesParkCO80517 sis ARCHTECTUREP.C. 2007lOOYearPartyCourt#1 Longmont,Colorado80504 Page 159 w I Ci. Drr‘- I—_j _oo ‘1 x U 303.848.3740 BAS1Sc0m ©R4SIS An±iitdurn,P.C. Issue: Liquor License Date: 1131122 C 4Em .—w o ‘Z -I—ctI •m D . . ..c’.J_ Sheet Title: Liquor Permit Sheet No: 2 LIQUOR LICENSE PERMIT BOUNDARY Floor -2,340REFNSecondFloor-1,57() Patio Seating-330118=1-0 Page 160 DR 8404-1 (03120/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement DIVISIOll (303) 205-2300 Individual History Record To be completed by the following persons, as applicable sole proprietors; general partners regardless of percentage ownership, andlimited partners owning 10% or more of the partnership; all pnncipal officers of a corporabon, all directors of a corporation, and any stockholder of a corporati on owning 10% or more of the outstanding stock; managing members or officers of a limited liabifity company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern andLodgmg and Entertainment dass of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry All questions must be answered in their enbrety or the ficense appficalion may be delayed or demed If a quesbon is not applicable, please indicate so by "NIA"_ Any deliberate misrepresentation or material omission may jeopardize the license application (Please attach a separate sheet if necessary to enable you to answer quesbons completely) 1 Name of Business Home PhOne Number I Cellular NumberThe Bird's Nest LLC 2. Your Full Name (last, first. middle) 3 List any other names you have used Strong, Melissa Gargano 4 Mailing address [If different from residence) Email Address melissa@birdandjim.com 5.List current residence address. lndude any previous addresses within the last five years. (Attach separate sheet if necessary)Street and Number City, state, Zip From To Current 3813 Dollar Lake Dr Estes Park, CO 80517 03/13/03 01/25/22 PreVIOUS 6 List all employment within the last five years lndude any self-employment (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To Bird & Jim LLC 915 Moraine Ave, Estes Park, CO 80517 CEO 10/02/17 01/25/22 Dunraven Inn 2470 Hwy 66 Estes Park, CO 809517 Manager 04/01/99 04/01/17 7 List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry Name of Relative Relationship to You Position Held Name of Licensee NA NA NA NA 8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, jgjYes □No fumrt:ure, fudures, equipment or inventory to any licensee? (If yes, answer in detail ) Yes at Bird & Jim, 915 Moraine Ave., Estes Park, CO #4707954 9.Have you ever received a violation nobce, suspension, or revocation for a liquor law violation, or have you □Yes �Noapplied for or been damed a liquor or beer license anywhere in the United States? (If yes, explain m detail.) Attachment 4 Page 161 DR 8404-1 (03120119) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes [&!Nobail for any offense in crimi nal or mi li tary court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the require ments of a □Yes l&INodeferred se ntence? (If yes, explain in detail.) 12.Have you ever had a ny professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 wiD be treated as confidential. The personalinformation reau ired in auestion #13 is solelv for identification oumoses. 13a. Date of Birth I b. Social Security Number C. Place of Birth I 1:81 Yes □No10/03/73 028643849 camt>rlctge, MA d. U.S. Citizen e . If Naturalized. state where f.When g. Name of District Court NA NA NA h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number NA NA NA I. Height Im. Weight In. Hair Color5 4 brown o.Eye Color blue Ip.G ender female I q. Do you have a current Driver's License/ID? If so. give number and state.�Yes ONo # 970360461 State CO 14.Rnancial Information.a. Total purchase price or investment being made by the applying entity, corporation, partnership , li mited liability company, other.$ 2362000 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating ca pital, stock purchases or fees paid. $ • If corporate investment only please skip to and complete section (d)•• Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount NA NA NA NA d.Provide detai ls of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount NA NA NA NA NA e. Loan Information (Attach copies of all notes or loans)Name of Lender Add ress Term Security Amount B ank of Colorado 533 Big Tho mpson Ave 10 yr build ing/equipm $2,002,000 B ank oc Coloraclo 533 Big Tho mpson Ave s yr life ins policy $360,000 Este s Park, CO 80517 Oath of Applicant I declare under oena ltv of neriurv that this annlicatio n and all attachments are true correct and comnlete to the best of mv knowledoe.Authorized Sig��_ V--.;zL � I I Print Signature Melissa Strong l"ue Owner I Date 01/25/22 XXXXXXXX   Page 162 Individual History Record ________________ To be completed by the following persons,as applicable:sole proprietors;general partners reg ________________________________ limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by “N/A”.Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Nam..tusiness /Home Phone Number Cellular NumberIV\rd j\Jc 97O9%(O 2.Your Full Name (last,first,middle)3.List any other names you have usedtJJ\J iTh A rJjE_I 4.Mailing address (if different from residence)Email Address -‘Iv-ra c-Sc-LAW€Ccii Jj Street and Number City,State,Zip From To Current . 1i m.p L f’Jc E-STcs PA tL c Sf7 /i Previous 6.List all employment within the last five years.Include any self-employment.(Attac[1eparate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To pc c 9 )[V L’j4’0 ) iL4’L P’D YL\JE . L’s.ic 7cv ‘c.?,Sb&D’E/i -/ 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverag industry. Name of Relative Relationship to You Position Held Name of Licensee tJ4\ 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture, fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes No 9 Zc-ç 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes 0 DR 8404-I (03/20/1 9) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 RECEIVED JAN 2720?? BY:TIME: rdless of oercentaae ownershiD.and 5.List current residence address.Include any previous addresses within the last five years.(A1ach separate sheet if nessary) A  Page 163 DR 8404-I (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.)LI Yes 11.Are you currently under probation (supervised or unsupervised),parole,or completing the requirements of a deferred sentence?(If yes,explain in detail.)Yes No 12.Have you ever had any professional license suspended,revoked,or denied?(If yes,explain in detail.)DYes ‘No Personal and Financial Information Unless otherwise provided by law,the personal information required in question #13 will be treated as confidential.The personal information required in question #13 is solely for identification purposes. 13a.Date of Birth b.Social Security Number c.Place of Birlh1/3o/J &L%’-OL1 Lj d.U.S.Citizen Yes LINo e.If Naturalized,state where f.When ‘g.Name of District Court h.Naturalization Certificate Number i.Date of Certification j.If an Alien,Give Alien’s Registration Card Number k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.E e Color p.Gender q.Do you have a current Driver’s License/ID?If so,lye number and state.(O /L)ioAd tL4ti yV Yes ENo #State__________ 14.Financial Information. a.Total purchase rice or investment being made by the applying entity,corporation,partnership,limited liability company,other.$c3(-f OOC b.List the total amount of the personal investment,made by the person listed on question #2,in s business including any notes,loans,cash, services or equipment, operating capital,stock purchases or fees paid.$ _____________________________ *If corporate investment only please skip to and complete section (d) **Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b.You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type:Cash,Services or Equipment Account Type Bank Name Amount rJt\ d.Provide details of the corporate investment described in 14 (a).You must account for all of the sources of this investment.(Attach a separate sheet if needed) Type:Cash,Services or Equipment Loans Account Type Bank Name Amount Jck e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount 63FPK t’3 [7hcp p tO ‘j CIcit R/Dc U 0 V Oath of Applicant I declare under penalty of penury tht thi nnIiriIinr and all iftthmnt are true,correct,and nmnIf2p to the best of my knowledge. .—- , Au ed S ature Print Signature Title Date°)Pm DtJ k   Page 164 DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-.2300 Individual History Record To be completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and anystockholderofacorporationowning10%or more of the outstanding stock;managing members or officers of a limited liability company,and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied.If a question is not applicable,please indicatesoby“N/A’.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach aseparatesheetifnecessarytoenableyoutoanswerquestionscompletely) 1.Name of Business Home Phone Number Cellular Number Bird’s Nest 970-586-9832 970-470-1243 2.Your Full Name (last,first,middle)3.List any other names you have used Newsted,_Thomas,_Jefferson 4.Mailing address (if different from residence)Email Address thomasbirUandjim.com Street and Number -City,State,Zip From To Current 1805 Trumpeter Swan Dr Loveland,CO 80537 10/29/21 Previous 10125W Dartmouth P1 7-203 Denver,CO 80227 06/1 5/19 10/29/21 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To See Resume Attached 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture,fixtures,equipment or inventory to any licensee?fIf yes,answer in detail.)Yes .‘No 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘‘No 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary)  Page 165 DR 8404-I (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence,deferred sentence,or forfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(If yes,explain in detail.)Yes No 11.Are you currently under probation (supervised or unsupervised),parole,or completing the requirements of adeferredsentence?(If yes,explain in detail.)Yes i No 12.Have you ever had any professional license suspended,revoked,or denied?(If yes,explain in detail.)LI Yes NoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,the personal information required in question #13 will be treated as confidential.The personalinformationrequiredinquestion#13 is solely for identification purposes.13a.Date of Birth b.Social Security Number c.Place of Birth 07131174 592-64-8943 Saigon,Vietnam U.U.S.Citizen Yes LI No e.If Naturalized,state where f.When g.Name of District Court h.Naturalization Certificate Number I.Date of Certification j.If an Alien,Give Alien’s Registration Card Number k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.Eye Color p.Gender q.Do you have a current Driver’s License/ID?If so,give number and state.57”162.5 lbs Black Brown Male Yes UNo #01106-0627 State Colorado 14.Financial Information. a.Total purchase price or investment being made by the applying entity,corporation,partnership,limited liability company,other.$0 b.List the total amount of the personal investment,made by the person listed on question #2,in this business including anynotes,loans,cash,services or equipment,operating capital,stock purchases or fees paid.$0 *If corporate investment only please skip to and complete section (d)**Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b.You must account for all of the sources of this investment.(Attach a separate sheet if needed) Type:Cash,Services or Equipment Account Type Bank Name Amount Type:Cash,Services or Equipment Loans Account Type Bank Name Amount e.Loan Information (Attach copies of all otes or loans) Name of Lender Address Term Security Amount U.Provide details of the corporate investment described in 14 (a).You must account for all of the sources of this investment (Attach aseparatesheetifneeded) Oath ot Applicant I declare under enaltv pen that this application and all attachments are true,correct,and complete to the best of my knowledge.Authorized Si,t(ure Print Signature Title DateThomasJ.Newsted Executive Chef 01/25/22 X  Page 166 ____ fl TOWN OF ESTES PARK._ February 18, 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Birds Nest LLC DBA Bird's Nest Dear Ms. Williamson: Strong, Melissa Witmer, John D. A check of the Estes Park Police Department local records on the above business and individual was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Melissa Strong is named as Cited for a Wildlife Protection Ordinance and also named as a Victim in a Defrauding/Money Laundering case. There are no other reports involving the individuals listed. s;:lyd(_/ Wes Kufeld Chief of Police, Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 ESTES P1\:RK;-e�0517 www.estes.org Police Department Wes Kufeld, Chief of Police 970-586-4000 www.estes.org/pd Attachment 5 Page 167 Page 168 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: March 8, 2022 RE: Request for Withdrawal, Resolution 19-22 and 20-22, Campbell Subdivision Preliminary Plat and Final Plat, TBD South Saint Vrain Avenue, Mark and Mary Campbell, Owner, CMS Planning & Development, c/o Frank Theis, Applicant The property owner is withdrawing the Campbell Subdivision Preliminary and Final Plat applications. See attached letter. Page 169 March 2, 2022 Jeffrey Woeber Senior Planner Town of Estes Park SUBJECT: Withdrawal of Campbell Subdivision Application Pleases accept this letter as formal notice that I am withdrawing my application and proposal to subdivide Lot 5 in the Bonnie Brae subdivision. As you are aware, the plan was to build two 1200-1300 square foot single-family homes on this property and a third 1200-1300 square foot single-family home on an adjacent property. Unfortunately, the additional town requirements of an 8-foot sidewalk with curb and gutter along Saint Vrain Avenue as well as required utility service upgrades make building small homes on this property financially unfeasible at this time. I plan to move forward and build a larger single-family home on this property at some point in the future. I appreciate the work that you and other members of the town staff did on this project. Mark Campbell Attachment 2 Page 170 Public Works Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jon Landkamer, Facilities Manager Greg Muhonen, Public Works Director Date: March 8, 2022 RE: Resolution 26-22 Facilities Master Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consideration of Resolution 26-22 pertaining to the Facilities Master Plan (FMP) which provides a “roadmap” for future planning and financing of major capital repairs and replacement of Town buildings. Present Situation: The FMP concludes that Town Hall has served the community well for many years (beyond its useful life), and the process should begin to replace Town Hall. As a logical first step, the FMP is recommending the Police Department be moved out of the downtown core to improve the safe delivery of Police Services to the community. This will open up the options described in the FMP and give the Town Board flexibility in responding to community civic service needs in the future. Proposal: Staff respectfully requests the Board to adopt the Facilities Master Plan. Advantages: •Improve the safe delivery of Police Services to the community in pursuit of excellence in the Community Policing model utilized by our Police Department. •Address the most pressing space needs in the overcrowded Police Department offices. •The FMP takes into account the past work documented in the Estes Park Downtown Plan and the Downtown Parking Management Plan. •Establishes innovative options for funding capital investments in facility projects for the future. Page 171 •The plan is flexible by design and adaptable for the future opportunities as they are presented. •The FMP is an actionable plan with near-term initiatives that anticipate long-term facility needs. Disadvantages: •Prioritizing facility capital projects may negatively impact the resources available for other needs throughout the organization while directing funds to other important community needs. Action Recommended: •Adopt the FMP •Initiate action on the Plan recommendations to move the Police Department out of Town Hall. Consider a new budget supplement to begin the programming process necessary for the design of a new Police Services facility. •Pursue “right of first refusal” on opportunity sites as discussed in previous study sessions and included in the 2022 budget. •Develop an on-going funding strategy for capital investments in facilities that takes into account future capital needs, as well as the short-term needs to maximize the useful life of our existing facilities. Finance/Resource Impact: The FMP recommends change in how the Town of Estes Park budgets for the major capital project needs of Town-owned facilities. Accomplishment of this fundamental change will impact other projects and needs across the organization. Proposed changes need careful consideration of this impact, and how they will affect other strategic priorities. Allocation of sufficient staff resources to champion the sustained implementation of the FMP will be critical to its success. Level of Public Interest Moderate public interest is expected. Sample Motion: I move for the approval/denial of Resolution 26-22. Attachments: 1.Resolution 26-22 2.Link to the Facilities Master Plan Page 172 RESOLUTION 26-22 ADOPTING THE FACILITIES MASTER PLAN WHEREAS, the Town Board desires to adopt the Facilities Master Plan for the purpose of future planning and financing related to the capital repair and replacement of Town Facilities, to improve the safe and efficient delivery of Town services to our community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board hereby adopts the plan referenced in the title of this resolution in substantially the form now before the Board. DATED this 8th day of March , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 173 2022 FACILITIES MASTER PLAN Attachment 2 Page 174 Ac kn owl e d g e m e n t s TOWN BOARD MEMBERS Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Carlie Bangs, Trustee Marie Cenac, Trustee Barbara MacAlpine, Trustee Scott Webermeier, Trustee Cindy Younglund, Trustee KEY TOWN STAFF Jon Landkamer, Facilities Manager Greg Muhonen, Director of Public Works Travis Machalek, Town Administrator Wes Kufeld, Chief of Police Suzanna Simpson, Management Analyst Kate Rusch, Public Information Officer Duane Hudson, Finance Director/Treasurer Nathan Schlichtemier, Information Technology Systems Administrator Manager Vanessa Solesbee, Parking and Transit Manager Ryan Barr, Pavement Manager/ GIS Support OTHER STAKEHOLDERS Claudine Perrault, Director of the Estes Valley Library CONSULTANTS STUDIO Architecture – Jeff Dawson and Morgan Daly BBC Research and Consulting – Kevin Williams StudioTerra – Carol Adams PCD Engineering – Peter D’Antonio and Jacob Goodman Cover photo: Visit Estes Park/Darren Edwards Page 175 T A B LE OF CON TE NTS IN TRODU C TION ..................................................................................................... 4 What Is A Facilities Master Plan? ................................................................................................................ 4 Goals of the Facilities Master Plan .............................................................................................................. 4 Relevant Estes Park Planning Efforts .................................................................................................... 5 How The Plan Was Developed ..................................................................................................................... 5 Key Findings ................................................................................................................................................. 6 W HERE WE ARE TODAY ...................................................................................... 7 Key Town Facilities Included in the Plan .................................................................................................... 7 Physical Findings ......................................................................................................................................... 8 The Tiering System ...................................................................................................................................... 8 The Estes Valley Main Library................................................................................................................ 9 The Past, Present and Future of Town Hall ................................................................................................ 9 The Operational Status of Existing Facilities ........................................................................................... 12 COVID-19’s Impact on The Town’s Future Workplace......................................................................... 13 Town Staff Reponses to COVID-19 Workplace Changes .................................................................... 13 Financial Status of Existing Facilities ....................................................................................................... 14 Operations Funding .............................................................................................................................. 14 Town Revenues & Budgets .................................................................................................................. 14 Capital Funding .................................................................................................................................... 15 Capital Improvement Plan .................................................................................................................... 15 CHA RT ING A PA TH FO RW ARD ........................................................................ 17 Police Department & Town Hall - Three Options ..................................................................................... 17 Option 1 - A New Town Hall Downtown .................................................................................................... 18 Option 2 - Services Split Between Several Locations ............................................................................. 19 Option 3 - A Consolidated Campus Outside of Downtown ..................................................................... 19 Other Options Considered ......................................................................................................................... 20 Stakeholder Input on Police Department and Town Hall......................................................................... 21 Page 176 Other Facilities Recommendations ........................................................................................................... 24 A Financial Comparison of the Options .................................................................................................... 25 Fiscal Model ................................................................................................................................................ 25 Comparable Police Facilities ................................................................................................................ 26 Phasing Strategy ......................................................................................................................................... 28 Phase I ................................................................................................................................................. 28 Phase II ................................................................................................................................................ 28 Potential Revenue Sources ........................................................................................................................ 29 CONCLUSIONS AND INITIATIVES .................................................................. 30 Initiative 1: Plan and Budget for a New Police Department Facility ....................................................... 30 Initiative 2: Take Care of What We Have ................................................................................................... 30 Initiative 3: Identify Land Acquisition Opportunities ............................................................................... 30 Initiative 4: Explore the Idea of a New Civic Campus .............................................................................. 31 ................................................................................................................................. 31 APPENDICES ........................................................................................................ 32 Appendix A – Comprehensive List of Town Facilities ............................................................................. 33 Appendix B – Building Data Sheets .......................................................................................................... 34 Appendix C – Table of Expected Useful Life by Component .................................................................. 35 Appendix D – Community Survey Responses ......................................................................................... 36 35 38 48 51 Page 177 ESTES PARK FACILITIES MASTER PLAN 4 INTRO DU CT ION WH AT IS A FA CIL ITIES M AST ER PLAN? This first ever Town of Estes Park Facilities Master Plan (FMP) is a roadmap for the management and development of facilities. It is guided by the mission of the Town: Provide high-quality, reliable services for the benefit of our residents, guests and employees, while being good stewards of public resources and our natural setting. The plan sets the framework for responsible decision-making and will facilitate ongoing stewardship of buildings and properties in an efficient and effective manner. It creates a common vision for Town facilities that will guide the replacement of aging infrastructure; inform the development of spaces to support the community and staff in the delivery of essential services; adapt to a changing environment; and operate and maintain facilities efficiently. This plan describes the current state of the Town’s facilities and the projected challenges the Town faces if existing practices are continued. The plan identifies opportunities to transform the Town’s facilities based on decisions made by the Town’s leaders. The FMP considers a long-term strategy to fund facility changes, evaluate the future disposition of existing facilities and provides a data-driven investment and implementation strategy for the Town’s buildings to ensure long-term financial and operational efficiency. Finally, the plan describes how to implement recommended options and forecast the funding necessary to achieve the FMP’s goals. GOALS OF THE FA CIL ITIE S MASTER PLAN The goals outlined in the FMP were established to keep the focus on the citizens, guests, employees, and customers of Estes Park – the users of the Town’s facilities. Safety, service, quality, and stewardship, served to inform the FMP process, from data collection to tiering, to stakeholder engagement, and ultimately to planning for the future of Estes Park. The purpose of the FMP is to be good stewards of the Town’s assets, provide a fiscally achievable plan, and to lay the groundwork for the decision-making of future opportunities. Safety – ensure safe delivery of services for the community Service - meet the changing needs of the community and staff Quality - use best practices in construction and management of built facilities (facilities for the next century) Stewardship – responsible use of money and properties 5 Page 178 ESTES PARK FACILITIES MASTER PLAN 5 HOW T HE PL AN WAS DEVE LOP ED Beginning in 2019, the FMP was developed through a series of on-site investigations of existing key facilities; interviews and surveys with Town staff; several work sessions with the Town board; and a public input session in December 2021. Relevant Town planning studies and adopted plans were also reviewed and incorporated into the plan, including the 2018 Downtown Plan and the associated 2018 Downtown Parking Management Plan, as well as the 2021 Strategic Plan, and the in-progress Comprehensive Plan.1 Beyond exploring current conditions, the COVID-19 pandemic and subsequent response both interrupted the process and informed the plan. Specifically, the facility condition assessments for medium and low tier facilities were abbreviated so the final FMP could meet schedule and delivery goals. Staff surveys were conducted during the pandemic to better understand the future needs and potential shift in the use of the Town’s facilities. The key findings from the Facilities Master Plan are listed on the following page. 1 Both Downtown plans are available on the Town website: https://estespark.colorado.gov/Downtownplan. Information on the comprehensive planning process is available at https://estespark.colorado.gov/comprehensiveplan. Relevant Estes Park Planning Efforts In developing the Facilities Master Plan, the study team reviewed key planning documents and efforts approved for use by the Town Board. 2018 Downtown Plan. This plan provides a 20-year community driven vision for the Downtown core. Downtown Estes Park currently serves as the economic nexus of the community. The Downtown Plan considered steps the community should take to ensure the continued prosperity of the core, while balancing the need for improved resilience in the face of fires, floods, and changing economic conditions. The plan paid particular attention to the Town Hall site, noting it as a community focal point and recommending redevelopment of the site to incorporate civic, commercial, residential, and parking uses. The facilities master plan builds on these goals with the options considered for the future of the Town Hall area. 2018 Downtown Parking Management Plan. In conjunction with the Downtown Plan, the Town conducted a comprehensive analysis of Downtown parking. The plan addressed three main areas: seasonal paid parking, an employee parking program, and a Downtown parking expansion. This facilities master plan included key findings from this plan, especially related to the need and costs of a potential parking structures on the Town Hall site. 2022 Comprehensive Plan. As the Town moves forward with the facilities master plan, it will be important to consider the ongoing comprehensive planning process. The Comprehensive Plan analyzes basic community information and establishes goals and objectives for land use, community design, growth management, mobility and circulation, housing, scenic and environmental quality, hazard mitigation, economic well-being, and intergovernmental coordination policies, among other matters. It is expected that plan will be presented to the Town Board for adoption at the end of 2022. 6 Page 179 ESTES PARK FACILITIES MASTER PLAN 6 KEY FINDINGS ·Town Hall has served the community well for many years, but it is beyond its useful life and additional investment in the building no longer makes economic sense. ·Police Department spaces in Town Hall are inadequate in many ways. Furthermore, this department should not be in Downtown because of safety concerns. A new Police Department facility is crucial to ensure the safety of the community, officers, and detainees. The FMP recommends the Town move forward with the planning and construction of a new Police Department facility outside of Downtown during the first phase of the implementation of this master plan. ·Some Downtown presence for the Town is important to many in the community. The Police Department could have a small police annex, along with other Town facilities desired by the community. This likely would include expanded and enhanced public restrooms near Bond Park to serve the community. ·Other facilities such as Power and Communications - Dekker building, Fleet Services, and Streets Services are in need of repair or renovation. Additional study is needed to adequately define the cost and scope of repairs and upgrades for other facilities. ·There are limited land opportunities in Estes Park for new and relocated facilities, requiring flexibility in the plan. The Town will need to capitalize on new opportunities, and the FMP provides a framework to assist Town leaders with decision-making when options arise. 7 Page 180 ESTES PARK FACILITIES MASTER PLAN 7 WHERE WE AR E TO DAY The Town’s Facilities Division acts as property manager to all publicly owned buildings and properties and oversees the efficient operation of all systems related to proper building function. The Town of Estes Park currently has 37 facilities ranging from office buildings to maintenance shops. Town employees occupy 13 of these facilities. The Facilities Master Plan identifies 11 of the 13 facilities and focuses on 8 of them. The Trailblazer Broadband/Power and Communications and Water Division office facilities are identified in the plan but were recently renovated with the anticipation that they will have 20 years or more of life remaining, thus they are not a focus of the FMP. The Estes Park Events Complex is also identified in the plan but is one of the newer facilities, therefore it is not a focus in the plan either. Since Town Hall houses the majority of the Town’s departments and services, it became the highest priority facility in the FMP. K EY T OWN FA CIL ITIES INCLU DED IN THE PLA N 1. Town Hall 2. Police Department (in Town Hall) 3. Power and Communications - Dekker building 4. Trailblazer Broadband/Power & Communications building on Woodstock Drive (not analyzed) 5. Water Division (not analyzed) 6. Fleet Services 7. Streets Services 8. Estes Park Museum 9. Parks Division 10. Estes Park Visitor Center 11. Estes Park Events Complex 12. Off Site Storage Facilities (not mapped or analyzed) 8 Page 181 ESTES PARK FACILITIES MASTER PLAN 8 PHYSICAL FINDINGS The first task in the Facilities Master Plan effort was to inventory key existing Town facilities and prepare an analysis of the Town’s most used buildings. The physical and operational features of each facility were compiled through a facility condition assessment and a space utilization analysis. The accessibility and life safety components of each facility were also identified in the analysis. Estimated replacement costs were established to help the Town prioritize the building repairs and renovations moving forward. A facility condition assessment is a systematic inspection that examines the safety and function of existing structures, the historical energy use of building systems, and the physical status of interior and exterior systems and components. The eight key facilities were assessed by level 2 site visits to score the condition and functionality of their systems. The building systems were categorized as roofing, exterior cladding, exterior openings, interior finishes, HVAC, plumbing, electrical, or lighting. The system assessments identified the years remaining and a “replace by” year, along with an estimated cost to be replaced, for each system. Each building system was given a score of 1-5* and the general criteria for each score is listed below. *Score 1-5: focused on determining whether the system (component) was functioning at the time of the assessment, evaluating the system’s remaining expected useful life (EUL), expected future operating costs, and operating condition. The scores were translated into condition ratings of (1) Poor, (2) Fair, (3) Good, (4) Very Good, and (5) Excellent. The facility condition assessments were focused on future maintenance and potential future improvements. The utilization of space, both physically and operationally, were also examined in each of the eight facilities. The physical utilization was measured by the gross square footage (GSF) and the net square footage (NSF) to provide us with an efficiency rating. The operational utilization of the facilities was measured by the current usage of each facility by department and the full-time employee (FTE) count. The existing square foot per FTE was identified for each of the eight facilities to measure against industry standards. All of these factors were given an overall rating or condition rating. The building efficiency rating, space utilization rating, and the building systems condition ratings were combined to complete the overall building s. Using the data collected from the analysis, the facilities were then grouped into high, medium, and low priority categories, or tiers, depending on their physical status. All of findings for each facility were compiled into a Building Data Sheet. The specific data for each of the eight key facilities can be found in Appendix B – Building Data Sheets, at the end of this document. THE TIERING SYSTEM Based on the results of the analysis, the FMP assigned each of the Town’s key facilities to one of the following three categories: Highest Priority ·Highly utilized facilities or facilities with safety and/or code violations ·Facilities with aging building systems that need replacement or costly repairs ·Facilities that no longer meet current space or functional needs, especially when they impact most staff and/or the customer service functions of the Town Facilities in this category include Town Hall, Police Department and associated off-site storage. 9 Page 182 ESTES PARK FACILITIES MASTER PLAN 9 Medium Priority · Facilities that need minor upgrades or improvements Facilities in this category include Power & Communications - Dekker Building, Fleet Services, Streets Services and associated off- site storage. Low Priority · Facilities that are in good shape Facilities in this category include Estes Park Museum, Parks Division, Visitor Center, Estes Park Events Complex and associated off- site storage. After the facility condition assessments and rankings were completed, it was clear that this FMP should focus on Town Hall and Police Department since significant functional, operational and maintenance issues were identified. Therefore, the FMP focuses primarily with Town Hall, and Police Department housed within it, before making specific recommendations for additional key facilities that fell lower in the tiering system. T HE PAST, P RE SE NT AND FUT URE O F TO WN HALL Town Hall has served the community well for many years. The building was built in the 1930s and was originally used as the fourth school for The Estes Valley Main Library The Estes Valley Library is a popular local institution with significant visitation. From its website, “Bringing over 100 years of library service to the Estes Valley and surrounding communities, the Eses Valley Library was begun in 1916 by the Estes Park Woman’s Club. The first library was opened in the schoolhouse with 262 volumes. Now with over 40,000 traditional collection items, and over 600,000 digital items, the library serves over 12,000 local residents, hundreds of seasonal residents, and many thousands of visitors to Estes Park and Rocky Mountain National Park.” Library staff were engaged and provided input during the FMP’s development. Since the main library building is physically connected to the Town Hall structure, any decision related to the future of Town Hall will have a measurable impact on the main library. Prior to moving forward with any of the recommendations in this plan related to the Town Hall structure, the Town should consult and coordinate with library staff to ensure that library goals and community needs continue to be addressed. Town Hall was originally built as a school. 10 Page 183 ESTES PARK FACILITIES MASTER PLAN 10 the Town school system. After the construction of the current Estes Park Middle School, the building was converted into Town Hall in 1974. Currently Town Hall is occupied by staff from departments including the Town Administrator’s Office, Public Works, Finance (including Utility Billing), Human Resources, Town Clerk, Community Development (Planning and Building), and Police Department (including Emergency Communications Center & Restorative Justice). The facility houses the core services of Town government. Along with the Library, the Town Hall area represents the civic center of Estes Park. While this plan recommends moving some or all services away from the site, numerous stakeholders and staff see the importance of maintaining some Town presence at the site to maintain the sense of place fostered by the current facility. Given the initial use of the building, the layout of Town Hall is not suited to provide the services required for residents and visitors, and hinders the effectiveness of Town staff and administration. Halls and stairways originally designed for school passing periods and rows of lockers are not easily converted to meeting space, offices or other administrative and public uses. Additionally, many of the core physical and Town Hall today Town Hall is challenging to navigate for residents and guests. 11 Page 184 ESTES PARK FACILITIES MASTER PLAN 11 mechanical systems (such as the elevator) will require substantial investment in the near future to address accessibility, operational, and safety limitations. The number of entrances and layout of the building also makes it difficult to secure and challenging for residents to navigate. Beyond the physical characteristics, as discussed later in this plan, Town Hall is currently very expensive to operate and maintain compared to modern, energy efficient facilities. The current police facility in Town Hall is entirely inadequate. The department has been shoe-horned into a space that jeopardizes the Police Department’s ability to respond to emergencies and keep officers, staff, and residents safe. A recent study indicated that the police department requires a minimum of 15,000 square feet of interior space to serve its mission. It is currently operating out of approximately 7,000 square feet. Furthermore, officers must park their specialized vehicles in a congested public parking lot where they are vandalized, and when emergencies arise, they are forced to navigate through pedestrians and civilian vehicles to respond. The Police Department should not be in Downtown due to the limited size of its current space, the lack of specialized construction to adequately support police department uses and the many safety concerns. Many residents and staff recommended using the Town Hall site to help achieve broader Town objectives, such as workforce housing, while moving some or all of Town services away from the Downtown core. The study team agrees that there are many potential uses for the Town Hall site in the future (although as a matter of due diligence, the study team considered the potential value the Town might see from a sale of the Town Hall property). Below is an image from the 2018 Downtown Plan showing a vision for the potential redevelopment of the Town Hall parcels. The future of Town Hall and the Town hall property will require a phased process with many opportunities for public input and deliberation. This master plan calls for maximum flexibility, and identifies the most logical first step in this process, moving Police Department out of the Downtown to a new facility and establishes a framework for the Town to use in making decisions after the initial phase. The Town Hall site re-imagined in the 2018 Downtown Plan. 12 Page 185 ESTES PARK FACILITIES MASTER PLAN 12 THE OPERATIONAL STATUS OF EXISTING FACILITIES In addition to the facility condition assessments, which primarily addressed the physical status of the existing buildings, the FMP process also reviewed the operational and organizational conditions of Town Hall. Many stakeholders were engaged during the FMP process, including Town staff and department directors, the Town Board members and staff at the Estes Valley Library. During the study, the team worked with Town staff to understand facilities needs through: ·Tours of all pertinent facilities with the Facilities Manager ·A detailed survey of staff on current facilities conditions and future needs ·Interviews with department directors regarding future staffing requirements and facility needs ·Stakeholder meetings with key department staff and the Facilities Division, and ·Surveys of staff during the pandemic to understand changes in work habits and facility needs Based on this input, the study team identified the following key considerations regarding current and future facility operations: ·Many staff indicated that the current facilities make it challenging to interact with the public. Key concerns about serving residents include: o The current Town Hall facility is difficult to navigate for the public, often customers have difficulty finding the service they need. o Multiple entrances to the building cause confusion and present security issues. o Many of the meeting spaces are inadequate due to space constraints, noise concerns, and the difficulty of scheduling. o The Police Department is finding that their work, which used to be more seasonal in nature, is becoming more consistent year-round putting further strain on their officers, equipment and space. ·Several departments expressed concerns about storage space: o Most of the departments reported needing additional storage space. For some departments, such as Police Department, specialized storage facilities are needed and the current facility does not meet these needs. o While many departments see digitizing files and information as a potential path forward, there are some technological and staff barriers to implementing this change. ·Access to Town Hall is a challenge for both staff and residents, especially during the seasons with heavy visitor traffic. Some of these concerns were related to convenience while other individuals identified safety concerns with vehicular, pedestrian, and police traffic. 13 Page 186 ESTES PARK FACILITIES MASTER PLAN 13 COVID-19’s Impact on The Town’s Future Workplace The COVID-19 pandemic that began in early 2020, and has continued into 2022, has changed the way people work. It has impacted individuals and organizations across the globe, and the full extent of its impact has yet to be seen. The Town has been working in a hybrid fashion for nearly two years and this will likely continue as new strains of the virus disrupt daily activities. In the meantime, multiple research studies show that workers in many industries would prefer to remain in the hybrid work model – spending some time in the office and the remainder of their time working remotely. The 2021 Work Trend Index Annual Report by Microsoft charted a path toward this hybrid world and recommends organizations take the following steps to adapt: · Create a plan to empower people for extreme flexibility - “Every organization will need a plan that puts people at the center and encompasses policy, physical space, and technology.” · Invest in space and technology to bridge the physical and digital worlds. · Combat digital exhaustion and isolation. · Prioritize rebuilding social capital and culture. · Rethink employee experience and compete for the best and most diverse talent. This hybrid work model will be a valuable tool that the Town can use to address its growth while keeping pace with its service delivery needs. The pressure to provide traditional office space will likely decline as more flexible work arrangements and the use of online services become more prevalent in the future. Furthermore, workplaces are evolving to provide more amenities that better support innovative and collaborative work cultures with less square footage. This hybrid approach offers a clear opportunity to consolidate workspace and be more efficient in the future. Town Staff Reponses to COVID-19 Workplace Changes Given the major changes to the workplace during the COVID-19 pandemic, the FMP team conducted a survey which asked Town staff about virtual work in the future. As shown in the graph below, a substantial number of Town staff reported that they would be able or prefer to work from home (WFH). Many staff expressed favorable opinions about working from home with the option to use “Hoteling” or “Touchdown” spaces periodically at a Town facility. Based on this survey, the study team groups existing Town staff into three distinct segments: · Town staff who are ready to implement a more virtual work environment. Many of these staff expressed interest in working at least part of the time in a virtual environment. In order to support 14 Page 187 ESTES PARK FACILITIES MASTER PLAN 14 these staff who are ready and able to WFH, the Town should explore potential hoteling and touch down spaces and ensure these staff have access to appropriate computer and IT infrastructure to work from home. ·Town staff who prefer to working in a full-time office environment. A portion of staff indicated that they feel like virtual work is not as effective for their role even though an on-site presence is not necessarily required for their job. For those staff, the Town should further explore the barriers to remote work for these staff and look for ways to make their onsite work space efficient. ·Some Town staff are required to be onsite. These roles include Police Department staff and maintenance and facility staff. For these staff, the Town should ensure that future facilities continue to provide adequate in-person work spaces. The following graph shows the approximate proportion of staff in each of the three segments. FINANCIAL STATUS OF EXISTING FACILITIES Operations Funding The Town currently funds facilities operation and maintenance through annual allocations in the Town budget. The Facilities Division received $1.1 million in the 2021 budget with $880,000 designated for maintenance and operations. According to Town staff, the facilities maintenance and operations budget funds Town Hall operations and maintenance and some general facilities work across the Town, however many services (e.g., events, museum, utilities) fund the operation and maintenance of their own facilities. In the future, the Facilities Division may work with Town Finance staff to develop a comprehensive analysis of operation and maintenance funding across the Town’s funds. When analyzing the operations and maintenance of Town Hall, the study team made a conservative assumption that Town Hall accounts for half of the Facilities Division operation and maintenance budget. Town Revenues & Budgets Sales Tax. As shown below, the majority of Town funding comes from sales tax receipts. These funds typically provide for general government services. Major facilities improvements will require dedication of at least some portion of Town sales tax to achieve the goals outlined in this plan. Recent Trends. While the COVID-19 pandemic initially resulted in substantially decreased sales tax revenues, tourism and associated spending rebounded in 2021. 15 Page 188 ESTES PARK FACILITIES MASTER PLAN 15 Given the size of Town Hall (30,000 square feet), the per-square foot operations and maintenance cost of that facility is $14.56. Based on a 2018 analysis from the GSA, typical government office buildings cost $6.93 per square foot to operate in 2018 while high performing buildings (well-maintained or new buildings with energy efficient improvements) cost $5.33 per square foot to operate. When controlling for inflation, 2021-2022 operation and maintenance costs for high performing buildings would be closer to $6-7 per square foot. Using this revised metric, a new facility with lower operations could save the Town substantially over the life of that facility. Capital Funding One of the key constraints identified by the Town of Estes Park facilities master plan team is the ability of the Town to fund all aspects of facilities management, however this problem is particularly acute when examining potential capital investments. The Town currently has limited reserves and has little or no bonding capacity related to current assets or revenue streams. The current facilities budget allows for day- to-day operations and maintenance, but there is no long-term solution to major capital investments. The study team worked with the Town’s finance director to review the current status of the Town’s capital finances and document potential opportunities and challenges related to funding future facilities investments. Capital Improvement Plan The Town recently implemented a capital improvement planning process designed to document projected investments over a five-year period for capital assets in the Town in addition to the overall estimated capital needs. The capital improvement plan (CIP) developed through this process identifies the required investment across each of the following Town funds: 1. General Fund; 2. Community Reinvestment Fund; 3. Open Space Fund; 4. Trails Fund; As shown in the 2021 Town Budget Bugle, sales taxes provide more than two-thirds of the Town’s general revenue. 16 Page 189 ESTES PARK FACILITIES MASTER PLAN 16 5. Street Improvement Fund; 6. Parking Services Fund; 7. Light & Power Fund; 8. Water Fund; 9. Stormwater Fund; and 10. Fleet Maintenance Fund For each fund, the CIP identifies investments over the next five years and investments in “Out Years.” Facilities investments are typically tracked in and made from the general fund in the CIP. While the CIP does not currently report facilities expenditures separately from other general fund expenditures, the Town provided BBC with a detailed view of all items in the CIP. Based on this information, for the most recent CIP, the Town expects to spend approximately $1.5 million on facilities investments over the five-year period starting in 2020. One way to understand the magnitude of capital needs is to compare the “Out Years” capital spending to the average annual spending for a particular category. This provides an estimate of the amount of time it will take the Town to implement its CIP. For facilities in the Town of Estes Park, the “Out Years” value of improvements needed is approximately $46.7 million. Given the current annual rate of spending (approximately $300,000/year), at the current rate of investment it would take the Town more than 150 years to fully implement the facilities portion of the master plan. It is important to note that three items in the current CIP account for nearly $45 million of the total facilities CIP: 1. Town Hall relocation ($14.8 million) 2. Police Department relocation ($14.8 million); and 3. Public works service center facility ($14.8 million). Based on discussions with Town staff, the values for those three items are rough estimates. The 2022 Town Budget includes funding for the right of first refusal properties that might meet the needs of a new Police Department facility. 17 Page 190 ESTES PARK FACILITIES MASTER PLAN 17 CHARTING A PATH FORWARD POLICE DEPARTMENT & TOWN HALL - THREE OPTIONS The FMP has identified three potential options to address the Town’s future facility's needs. The options were developed to maintain flexibility so that as land becomes available, the Town can be opportunistic and implement the option that fits best. The options also address desire to consolidate departments or disperse them within the Town depending on which direction the Town moves. One of the options anticipates maximum consolidation and may yield the greatest efficiency while other options assume that separation of some departments from others will be necessary and may lead to some duplication of common space. As part of the FMP process, a number of properties outside of downtown, also known as opportunity sites, were studied to determine if the anticipated programs for both a new Police Department facility and a new Town Hall building would fit. The study found that there are a number of properties that could meet the program for each of the individual buildings, however, to create a civic campus and allow both of the new facilities and their associated parking to fit on one site, multiple properties would need to be assembled. Since this FMP is focused on maintaining flexibility for the Town, and there are a number of decisions that must to be made prior to selecting property for new Town facilities, the specific properties reviewed in the test-fit study have not been included in the FMP. The COVID-19 pandemic has demonstrated how well Town’s staff are able to adapt to change with remote work becoming more and more prevalent and desirable. Surveys of the community during the development of the FMP indicated a preference for keeping some services Downtown. The obvious challenge with services remaining Downtown is that they compete for parking during the tourist season and make access difficult. The benefit of keeping some services Downtown is that it maintains the Town’s presence near the heart of the commercial center of the community. The major benefit of moving all of the Town’s services out of Downtown is the potential to create a new civic campus that would likely help the Town make parking more convenient, consolidate services and space, and establish a new civic architecture and landscape aesthetic for the Town. There are a number of similarities between each recommended option. All of them include a relocated police station that is larger than the department’s existing space in Town Hall. All options also require a new Town Hall structure or structures to meet the Town’s goals. Finally, all of the options include public restroom facilities at Bond Park. The primary difference between the three options is the location of Town Hall services and whether they are consolidated outside of Downtown at a site to be identified in the future or dispersed between Downtown and another site. The diagrams below are intentionally conceptual in nature and reflect the fact that land opportunities for the Police Department facilities are unknown at this time and options will be explored as one of the first steps in implementing this master plan. The yellow circle reflects “Downtown” and the green circle reflects an area outside of the Downtown core. In all three options, Police Department is shown to grow in size as the current facility is inadequate. 18 Page 191 ESTES PARK FACILITIES MASTER PLAN 18 OP TION 1 - A NE W T OWN H AL L DOWNTOWN In Option 1, Police Department moves out of Town Hall as soon as practical and their new, larger facility is built in the first phase. The Town Hall building is then demolished and a new Town services building is rebuilt in its current location along with the additional parking necessary to meet future needs. In this case the Town will need to decide whether to build a new facility sized to fit the remaining departments or if a larger building should be built to include alternative programs such as workforce housing, retail or office. As shown in the image below, Option 1 is similar to the Resilient Design Study #4 (Alternative 2) in the 2018 Estes Park Downtown Plan. The white buildings indicated with the number 2 are mixed-use/civic buildings surrounding a new parking structure. New Mixed-use & Civic Buildings New Parking Structure Resilient Design Study #4: Town Hall Site (Alternative 2) in the Estes Park Downtown Plan 19 Page 192 ESTES PARK FACILITIES MASTER PLAN 19 OP TION 2 - SERVICES SPL IT BET WE EN SEVE R AL LOCAT IONS In Option 2, Police Department again moves out of Town Hall as soon as practical and their new, larger facility is built in the first phase. However, this option anticipates that some services will move out, preferably to a location near the new Police Department facility, and others will remain. As mentioned earlier, since a number of FMP survey respondents felt that some of the Town’s services should remain Downtown, this option leaves the size of the Town’s presence flexible in the future. For instance, a sufficient amount of land may not be available outside of Downtown and/or the Town may decide that it is important to maintain a significant presence in its current location. At minimum, the Police Department could have a small police annex at the Town Hall site coupled with expanded and enhanced public restrooms near Bond Park to serve the community and visitors. Once the size of the Town’s presence Downtown is established, the Town will then have to decide if some portion of the site should be made available for partial or full redevelopment. OPTION 3 - A CO NSOLIDA TE D CAMPUS OU TS IDE OF DO WNTOWN In Option 3, Police Department again moves out of Town Hall as soon as practical and their new, larger facility is built in the first phase. In this scenario, most, if not all, of the Town’s services are then relocated 20 Page 193 ESTES PARK FACILITIES MASTER PLAN 20 out of Downtown, again preferably near the new Police Department facility, to a new location to create a larger, consolidated civic campus. Finally, the Town Hall site is made available for full redevelopment, and the Town will need to determine the future use of the property and whether to redevelop the land with a partner or move forward with redevelopment on its own. OTHER OPT IONS CONS IDERED The FMP briefly explored the continued operation of Town Hall in its current state. This approach was quickly rejected because Police Department’ functions are seriously hindered by their current space and location Downtown. As one of the highest priority facilities, they need to be relocated to better serve the Town’s residents and guests. Second, the existing building was originally constructed as a school, and funds were never allocated to significantly modify the building’s systems or the layout to convert it to municipal office building. Third, the ongoing operation and maintenance costs to occupy the existing Town Hall building greatly exceed industry standard. Fourth, the existing building systems, including the building envelope, mechanical systems and elevator would need significant and costly improvements to meet current energy and accessibility codes. Finally, there are serious security concerns with the current mix of public and private uses in Town Hall which makes lock-down and shelter-in-place extremely challenging in emergency situations. The second option that was considered included the construction of a new Police Department building outside of Downtown and the remodel of the existing Town Hall building to support the remaining city departments. Many of the same issues mentioned above affect this option while additional costs would likely be triggered by the reorganization of Town Hall’s interior after Police Department vacates the 7,000 SF of space they currently occupy. This option was not outright rejected, but it would face serious hurdles such as the previously mentioned remodel cost, the scale and complexity of the systems upgrades, and the sizable reorganization of the interior to backfill the police department’s vacated space. If other factors in the future make the other recommended options impractical, then the Town could choose to revisit this option and Resilient Design Study #4: Town Hall Site (Alternative 1) in the Estes Park Downtown Plan Existing Town Hall Building Existing Main Library Building New Mixed-use Buildings New Parking Structure 21 Page 194 ESTES PARK FACILITIES MASTER PLAN 21 proceed with the remodel and reorganization of the existing Town Hall building. As illustrated above, this option could be similar to Town Hall Site (Alternative 1) outlined in the 2018 Estes Park Downtown Plan. STA KEHOLDER INPUT O N P OL ICE DEPART MENT AND T OWN HA L L While many of the past Town planning processes including the Downtown Plan and Parking Assessment have included or endorsed potentially moving Town Hall and Police Department outside of the Downtown core, some of the options presented in this facilities master plan represent the most concrete steps towards relocating some or all of Town Services. As a result, the study team worked with Town staff to solicit public opinion on the various options through a public meeting and survey. The public meeting was held on December 2, 2021 and had more than 32 attendees. The study team presented the three options for future Town Services facilities and solicited input from residents and key stakeholders. A number of themes emerged from the discussion including: · Many residents expressed difficultly accessing Town services at Town Hall due to transportation and parking concerns; · A number of residents expressed support of maintaining a Town presence in the Downtown core; · Many residents were concerned about how the proposed facilities changes might impact the Downtown library; · Some residents suggested that the Town Hall site would be more useful if it were converted to workforce housing or mixed-use development; · A number of participants encouraged the Town to find the most cost-effective solution to providing services to residents. An excerpt from the community meeting presentation. 2021 Community Survey In preparing for the community meeting and survey, the study team reviewed results from the 2021 Community Survey. Overall, 7 in 10 residents rated service by the Town as excellent or good. Residents also rated public safety as a top priority and expressed support for the work done by Police Department. Key concerns identified in the survey included the variety and affordability of housing. These findings informed the study team’s proposed options for future facilities investments and the potential redevelopment of Town Hall. 22 Page 195 ESTES PARK FACILITIES MASTER PLAN 22 Along with the public meeting, the study team also created an electronic survey via Survey Monkey and distributed it to meeting participants. Town communications staff also provided a link to the survey on social media and an article published in the Estes Park Trail Gazette2 advertised the results of the public meeting and encouraged residents to respond. The study team received and analyzed 137 responses to the survey. As shown below, the most commonly used service by service respondents when visiting the Town Hall area was the library (65%) followed by the public restrooms (44%). When asked about the three options for Town Hall Services, most of the survey respondents preferred relocating all services to an area outside of Downtown. Among High Frequency users of Town Hall, there was a slight preference for rebuilding Town Hall Downtown. The least popular option was splitting Town services between multiple locations. 2 Police Chief outlines need for new facility. Estes Park Trail Gazette. December 6, 2021. Accessed January 27, 2022 at https://www.eptrail.com/2021/12/06/police-chief-outlines-need-for-new-facility/ 65% 44% 41% 34% 32% 27% 16% 15% 15% 14% 5% Library Public Restrooms Parking to visit other downtown… Town Board or Other Public Meetings Town Clerk Paying a utility bill Police Services Public Works Town Administrator's Office Community Development (Planning and… Human Resources Proportion of Respondents Services Used When Accessing Town Hall Area 44% 36% 51% 37% 42% 34% 19% 23% 15% 0% 20% 40% 60% 80% 100% All Respondents High Frequency Users Low Frequency Users Preferred Option Consolidated Campus not Downtown New Town Hall Downtown Services are split between multiple locations 23 Page 196 ESTES PARK FACILITIES MASTER PLAN 23 When asked to identify their least preferred option for future Town services, the most commonly selected option was splitting services between multiple location. Due to the lack of developable land in Estes Park and the need for the facilities master plan to be adaptable, the study team worked to capture the key attributes that residents find most important in locating Town services. These responses can help future Town stakeholders and decision makers evaluate future plans or proposed facilities strategies. The key values according to survey respondents are shown below. Many of the most important considerations related to accessing Town services. A summary of the responses to each question in the survey can be found in Appendix D. 25% 32% 42% 0% 20% 40% 60% 80% 100% All respondents Least Preferred Option Consolidated Campus not Downtown New Town Hall Downtown Services are split between multiple locations 15% 17% 22% 26% 28% 29% 29% 30% 32% 32% 39% 0% 5% 10%15%20%25%30%35%40%45% Minimizing service disruption while building new facilities Creating a civic campus (co-location of Town services and other amenities) Keeping as many services downtown as possible Moving services out of downtown Keeping operating costs low Maximizing the services available in one location Maintaining a municipal presence in the downtown area Maximizing ability to access Town services online Easy access Minimizing cost of building new facilities Convenient and ample parking Respondent Priorities (%) 24 Page 197 ESTES PARK FACILITIES MASTER PLAN 24 OTH ER F ACILIT IES RE COMM ENDAT IO NS In addition to the issues facing Town Hall and Police Department, other facilities are also in need of repair and renovation. These facilities were categorized as either medium or low priority facilities in the FMP. Below is a list of those facilities and a description of the work required to address any anticipated deficiencies. Power and Communications - Dekker Building (medium priority) This building needs minor upgrades and repairs, especially to its HVAC system. The two radiant tube heaters are past their expected useful life (EUL) and will begin to increase maintenance costs while their performance decreases. The office area furnace is well past their EUL and the ducting and diffusers are insufficient for the open office space. The seven exhaust fans in the building are also well past their EUL and are recommended to be replaced. Fleet Services (medium priority) This building needs minor upgrades. The HVAC components are beyond their useful life. The fluorescent lighting in the North Bay is insufficient with dead lamps and poor coverage. Fluorescent lighting that is typical in this building can only be switched on or off so building occupants often unscrew bulbs or plug in supplemental lights and turn off overhead lighting entirely. To improve occupancy comfort and productivity, it’s recommended to replace fluorescent fixtures with LED tube lighting and on/off switches with dimmable switches. Streets Services (medium priority) This building needs minor upgrades and repairs. Radiant heaters serving the vehicle areas are 5 years past EUL and should be replaced. Fluorescent lighting that is typical in this building can only be switched on or off so building occupants often unscrew bulbs or plug in supplemental lights and turn off overhead lighting entirely. To improve occupancy comfort and productivity replace fluorescent fixtures with LED tube lighting and on/off switches with dimmable switches. Parks Division (low priority) This building is in relatively good shape. Improvements were recently made. The fluorescent lighting at the works stations could be upgraded to LED fixtures, to improve occupancy comfort and productivity. The vehicle bay lighting is insufficient and results in poor lighting conditions. New LED lighting is recommended for this facility. Estes Park Museum (low priority) This building is in relatively good shape. Most of the building’s lighting systems have been upgraded to LED fixtures. The HVAC equipment is heated and cooled by a combination of gas furnace units and electric cooling and RTUs using the same fuels. The RTUs are 5 years past their useful life, and are recommended for replacement. Estes Park Visitor Center (low priority) This building is in relatively good shape. It is recommended that the fluorescent office lighting and exterior lighting be upgraded to LED, for user comfort and building efficiency. The Estes Park Museum 25 Page 198 ESTES PARK FACILITIES MASTER PLAN 25 Water Division (low priority) This building was recently renovated and was not analyzed. Trailblazer Broadband/Power and Communications Building (low priority) This building was recently renovated and was not analyzed. Off Site Storage Facilities (varies) These buildings are either in relatively good shape, in need of minor upgrades/repairs or in need of extensive upgrades/repairs. However, these facilities were not analyzed in detail because they are ancillary to the other facilities, and in some cases, they present security issues for the Town. While the FMP only briefly analyzed eight key assets following the in-depth study of both Town Hall and Police Department, the data collection methods utilized can be applied to further study these or other existing Town assets. A FINANCIAL COMPARISON OF THE OPTIONS Over time, the city’s cost to continue operating Town Hall building is likely to be greater than the cost to demolish the existing structure and construct and operate new energy-efficient buildings that are custom- built for city offices and services. Town Hall will be expensive to renovate since so many of its systems have exceeded their useful life. The original structure was never built to house city offices, civic events (Town board meetings) or police functions, so the FMP recommends that the Town invest in new facilities that will better serve its staff and the community in the future. In order to develop the fiscal model to evaluate the most cost-effective option recommendation in the FMP, the following assumptions were used: ·Town Hall’s current annual operation and maintenance (O&M) cost per square foot is $14.56 which is more than the GSA’s recommended average annual O&M cost of $6/SF. ·O&M costs for new facilities would be lower than current costs, but might not achieve the GSA standard. ·Generally, construction costs increase, or escalate, over time. Construction costs for a new police facility are currently projected to be approximately $650-$700 per square foot in 2023. ·A new civic facility would likely cost less than a police facility since it has fewer highly specialized building systems and furniture fixtures and equipment (FF&E). A new building that could house city offices is estimated to cost between $500-$600 per square foot in 2023 or 2024. FISCAL MODEL OPTION 1: Build a new Police Department building outside Downtown, demolish the existing Town Hall structure and rebuild Town Hall Downtown to support any remaining city departments. The Estes Park Visitor Center Estes Park Visitor Center 26 Page 199 ESTES PARK FACILITIES MASTER PLAN 26 · This option would also require the construction of a new parking structure to support the new Town Hall structure and its staff. OPTION 2: Build a new Police Department and Town Services buildings elsewhere in Town as well as redevelop the Town Hall property to include some city offices and other commercial and residential uses that support the goals of the Downtown Plan. · This option could place the burden of a new parking structure on the developer of the new Town Hall site if a public-private partnership was created. · If not, then a new parking structure would need to be built by the Town to support the variety of uses developed on the Town Hall’s site. OPTION 3: Build a new Police Department and Town Services buildings outside Downtown and sell or redevelop the Town Hall property for a different use. · This option is the most likely to avoid the cost associated with the construction of a new parking structure since enough land could be purchased to provide surface parking or parking could be shared with the events complex if a nearby site was available. · If the Town Hall’s land were sold, it could also help recover some of the cost associated with the construction of the new buildings. Using the three scenarios described above, the study team created a financial model to compare the fiscal impacts of the potential options for Police Department and Town Services. Due to the complexity involved with any of these scenarios, it will be important for the Town to revisit these models and assumptions as the Board moves forward with implementation of the facilities master plan. The model comparing the three options includes the following assumptions: · Structured parking would be required if Town Services remain Downtown; Comparable Police Facilities Recently built police facilities in comparable communities along the Front Range include the Towns of Timnath, Firestone, Erie, and Windsor. Timnath · Town Population: 4,000 · Construction Start: 2021-2022 · Size: 22,000 SF · Cost: $13,434,000 · Cost/SF: $610 Firestone · Town Population: 14,000 · Construction Start: 2018-2019 · Size: 30,000 SF · Cost: $16,000,000 · Cost/SF: $533 Erie · Town Population: 30,000 · Construction Start: 2014-2015 · Size: 17,000 SF · Cost: $6,200,000 · Cost/SF: $365 Windsor · Town Population: 25,000 · Construction Start: 2009-2010 · Size: 15,000 SF · Cost: $4,000,000 · Cost/SF: $267 If we assume an annual construction cost escalation of approximately 6%, then the average construction cost/SF for a comparable police facility built in 2024 is estimated to be between $650/SF and $700/SF. At 15,000 GSF, we estimate the new Police Department building will cost approximately $10,500,000 to construct plus the cost of land, design/engineering, contingency and other fees for a total project cost of approximately $15,000,000. 27 Page 200 ESTES PARK FACILITIES MASTER PLAN 27 · Land values are higher in the Downtown core than other areas where the Town might construct a Town Services facility; · Remodeling Town Hall would cost less than rebuilding the facility, but the difference would be limited due to the age of the facility, deferred maintenance, and need for substantial changes for accessibility and safety; · Construction and operation costs would increase at a moderate pace over time (3 percent); · New facilities would have lower operating costs than remodeled or existing facilities; and · A new Town services facility could have a slightly smaller footprint than the current Town Hall due to efficient use of space and gains from virtual work (25,000 square feet for a new facility compared with 30,000 square feet for the current facility). · A new building built outside of Downtown could either utilize existing surface parking facilities, for instance, if a site were located near the Events Complex, or it could build new surface parking if sufficient land is acquired. It is important to note that while, as a matter of due diligence, these models consider the value of the Town Hall property, it is likely that the Town would choose to redevelop the property to meet other community goals rather than sell the property. When using these assumptions to create a model, it allows the Town to understand the relative fiscal impacts of the three most likely facilities development scenarios. It is important to understand that many of the variables impacting these models can change quickly given external economic conditions and that those changes may result in substantially different financial model results. The study team modeled the three options over a period of 20 years and included the cumulative costs to the Town of each option. It is likely that any facility would last beyond 20 years as many organizations plan for 30, 50, or even 100-year buildings. Based on the assumptions discussed above, building a facility outside of Downtown represents the most fiscally beneficial option to the Town over a 20-year period. 28 Page 201 ESTES PARK FACILITIES MASTER PLAN 28 PHASING STR ATEGY There are several key decisions that the Town will need to make to implement the recommendations in the Facilities Master Plan. Phase I The first decision in Phase 1 is whether the Town should acquire land outside Downtown to build a new Police Department Facility. If the answer is yes, then time and money must be spent to locate the land, design and build the new Police Department Facility. If the answer is no, then Police Department will continue to languish in Town Hall and public safety will be jeopardized. Phase II The next decision the Town faces following the relocation of Police Department, is whether the Town should relocate some or all of the remaining city departments. If the answer is yes, then time and money must be spent to locate the land, design a new facility and construct a new building. If the answer is no, then the Town will need to decide if the Town should remodel the existing building or construct a new building in its place. If the Town decides to remodel the existing facility, then time and money will need to be spent to program, design, and complete a remodel and consider whether to build additional parking to support city and public uses Downtown. If the Town decides it does not want to remodel the existing building, then the Town will need to either build a new building for itself on the site, redevelop the existing Town Hall property with a partner to establish an alternative use or sell the land. If the Town decides to redevelop the property, one option would be to build a project similar to the mixed-use building envisioned in the Downtown Plan. Another option could be to develop an alternative use that would benefit the community, like workforce housing. In either case the Town could decide to occupy a portion of a new building with a police substation and a few Town offices. 29 Page 202 ESTES PARK FACILITIES MASTER PLAN 29 PO TENTIA L R EVE NUE SO UR CES Based on a review of the current Town budget, the CIP, and discussions with the finance director, it appears unlikely that the Town will be able to fund substantial facilities improvements under the current fiscal circumstances. One possible revenue source would be something similar to the 1 percent sales tax that Town residents approved in 2014 for four specific purposes (trail improvements, street maintenance, emergency response systems upgrades, and the community recreation center). This sales tax will expire in 2024. One option would be to ask voters to renew the tax and use a portion of the tax for facilities investments. Based on discussions with Town staff, in future years the 1 percent sales tax could generate approximately $3.2 million/year. Based on recent bond issuances by the Town, this level of revenue would service a 20-year debt of between $35 million and $40 million. Additionally, with all facilities improvements, the Town might consider a variety of funding sources beyond traditional bonding including: · Certificates of Participation · Energy Saving Performance Contract · Energy as a Service · Infrastructure as a service These financing mechanisms often include a trade-off between the overall cost of financing and the risk assumed by the municipality. Reuse of the Town Hall property could be funded using a variety of mechanisms depending on the desired uses. Workforce housing or mixed-use development might use a public private partnership (PPP) between the Town, private developers, other governments, or nonprofit organizations. Additionally, many state and federal entities have funding available for urban redevelopment and renewal (for example the Colorado Main Street Program operated by the Colorado Division of Local Affairs). 30 Page 203 ESTES PARK FACILITIES MASTER PLAN 30 C O NCLU S ION S AN D IN ITI A T IVES The Facilities Master Plan focuses on the highest priority needs – moving Police Department out of Downtown and the need to address the inadequacies of the existing Town Hall facility. It also sets up a system to analyze and prioritize other Town facilities in need of improvements. It identifies potential funding sources to implement the first phase – a new Police Department facility. The plan recognizes that the status quo, leaving Town Hall to operate as-is, would be unsustainable, costly and fiscally irresponsible. Recommended initiatives are described below. INIT IAT IVE 1: P LA N AND BU DG ET FOR A NEW POLICE DE PARTME NT F ACILITY 1. Allocate the funds to begin programming, site selection and design processes (1-3 months) 2. Complete a programming and budgeting exercise to establish what should be built (3-6 months) 3. Begin a site selection effort to identify a suitably sized property and location (3-6 months-preferably concurrent with the programming work) 4. Purchase property (2-3 months) 5. Design, estimate and permit the new building (9-12 months) 6. Build the building (14-16 months) 7. Relocate Police Department from Town Hall to the new building (1 month) It is estimated it will take 30 to 42 months to relocate Police Department out of Downtown after the Town decides to move forward and assign the financial resources necessary to begin and complete the new Police Department facility project. INITIATIVE 2: TAKE CARE OF WHAT WE HA VE In addition to the issues facing Town Hall and Police Department, other facilities are facing repair and renovation needs. Since the focus of this FMP was on recommendations to address the significant difficulties faced by Town Hall and Police Department, more in-depth facility condition assessments for the mid- and low-tier buildings should be completed to prioritize upgrades and preempt costly emergency repairs. INITIATIVE 3: IDE NT IFY LA ND ACQU IS IT ION O P PO RT UNITIES The availability of land in suitable locations for new Town facilities is limited. During the FMP process, the properties along the Highway 7 commercial corridor near the Estes Park Events Complex were identified as well suited for both a new Police Department facility and a new civic campus should the Town choose to move services out of the existing Town Hall building. There are also compelling potential synergies with the nearby Events Complex--such as sharing its existing surface parking lot. The Town may want to actively search for land it could redevelop and establish a right-of- 31 Page 204 ESTES PARK FACILITIES MASTER PLAN 31 first refusal to purchase target properties or it may prefer to wait until appropriate sites become available and act on them at that time. INITIATIVE 4: EXPLORE THE IDEA OF A NE W CIVIC CAM P US Although the creation of a civic campus outside of Downtown is a major undertaking and may take time to realize, the FMP identified this as the best-case scenario. The creation of a consolidated, civic campus is a powerful idea which could yield significant benefits for the community. It could be a compelling long-term goal for the Town if the political will and funding is available to make it a reality. There are a number of opportunities the Town could realize if it decided to create a new civic campus. First, it would help establish the Town’s civic identity outside of Downtown. Second, the new facility could create an exciting place for residents to gather, do business and recreate by integrating thoughtful building and landscape design, incorporating easy access and wayfinding, taking advantage of indoor-outdoor connections and providing links to existing services. Finally, the Town could include other compatible, synergistic uses such as cafes, retail shops, and other cultural and community amenities to create a new destination for residents and guests. The Project for Public Spaces organization identifies a number of key elements that help define “Placemaking” and should be kept in mind during the development of a civic center concept. They recommend that designs nurture and define community identity, foster frequent and meaningful contact, draw a diverse population, promote a sense of comfort, create improved accessibility and build and support the local economy. Visit their website at www.pps.org for more information about Placemaking. 32 Page 205 Acknowledgements TOWN BOARD MEMBERS Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Carlie Bangs, Trustee Marie Cenac, Trustee Barbara MacAlpine, Trustee Scott Webermeier, Trustee Cindy Younglund, Trustee KEY TOWN STAFF Jon Landkamer, Facilities Manager Greg Muhonen, Director of Public Works Travis Machalek, Town Administrator Wes Kufeld, Chief of Police Suzanna Simpson, Management Analyst Kate Rusch, Public Information Officer Duane Hudson, Finance Director/Treasurer Nathan Schlichtemier, Information Technology Systems Administrator Manager Vanessa Solesbee, Parking and Transit Manager Ryan Barr, Pavement Manager/ GIS Support OTHER STAKEHOLDERS Claudine Perrault, Director of the Estes Valley Library CONSULTANTS STUDIO Architecture – Jeff Dawson and Morgan Daly BBC Research and Consulting – Kevin Williams StudioTerra – Carol Adams PCD Engineering – Peter D’Antonio and Jacob Goodman Cover photo: Visit Estes Park/Darren Edwards This page was intentionally left blank Page 206 ESTES PARK FACILITIES MASTER PLAN 32 A P P END ICES 34 Appendix A – Comprehensive List of Town Facilities ............................................................................. 33 Appendix B – Building Data Sheets .......................................................................................................... 34 Appendix C – Table of Expected Useful Life by Component .................................................................. 35 Appendix D – Community Survey Responses ......................................................................................... 36 35 38 48 51 Page 207 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX A 1 APPENDIX A – COMPREHENSIVE LIST OF ALL TOWN FACILITES 3235ESTES PARK FACILITIES MASTER PLAN – APPENDIX A Page 208 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX A 2 Building ID Building Name Building Use Division Building No. Street Name Gross Area (S.F.) Year Constructed FA-TH Town Hall Civic Center General Fund 170 MACGREGOR 30507 1930s(1974) FA-LPD Power & Communications - Dekker Building Public Service Power & Communications 615 ELM 12980 1990 FA-EC Estes Park Event Complex Civic Auditorium Community Services 1125 ROOFTOP 36943 2014 FA-FLT Fleet Services Public Service Public Works 575 ELM 6510 1979 FA-MU Estes Park Museum Community Center Cultural Services 200 4TH 6016 1967 FA-PS Parks Division Public Service Public Works 600 BIG THOMPSON 2771 2005 FA-PD Police Department Police Department General Fund 170 MACGREGOR 5904 1974 FA-VC Estes Park Visitor Center Community Center Community Services 500 BIG THOMPSON 8284 2005 FA-ST Streets Services Public Service Public Works 577 ELM 9600 1975 FA-WD2 Water Division Public Service Water 1360 BROOK 8624 1978 FA-BB Trailblazer Boradband/Power & Communications Public Service Power & Communications WOODSTOCK 3200 1977 FA-CC Conference Center Civic Auditorium Community Services 201 SAINT VRAIN 25581 1991 FA-FGS Fairgrounds/Rodeo Grandstands Civic Auditorium Community Services 1209 MANFORD 19189 2010 FA-FISH2 Fish Hatchery 2*Rental Public Works 1703 FISH HATCHERY 1380 1907 FA-FISH3 Fish Hatchery 3*Rental Public Works 1705 FISH HATCHERY 1080 1947 FA-FISH1 Fish Hatchery 1*Rental Public Works 1707 FISH HATCHERY 1912 1946 FA-GWTF Glacier Creek Water Treatment Facility Public Service Water 480 CARING 9500 FA-HH Hydro House*Rental Public Works 1750 FISH HATCHERY 940 1909 FA-LPS Light & Power Storage Public Service Light & Power 640 ELM 8400 FA-MWTF Mary's Lake Water Treatment Facility Public Service Water 899 LAKEWOOD 6000 FA-MRR Moraine Restroom Public Service Public Works 157 MORAINE 575 1976 FA-MUH Museum Hydroplant Community Center Cultural Services 1754 FISH HATCHERY 1912 1909 FA-OP O'Connor Pavilion Community Center Community Services 1700 FISH HATCHERY 2200 2005 FA-PP Performance Park Civic Auditorium Community Services 417 ELKHORN 646 2003 FA-PPRR Performance Park Restroom Public Service Public Works 417 ELKHORN 576 2004 FA-RRR Riverside Restroom Public Service Public Works 110 RIVERSIDE 518 1976 FA-MUA Museum Annex Community Center Cultural Services 220 4TH 7850 1980 FA-PV Pavilion Civic Auditorium Community Services 1115 ROOFTOP 25909 2014 FA-SH Stanley House*Rental Public Works 179 STANLEY CIRCLE 1556 1939 FA-SB1 Storage Building 1 Public Service General Fund 1701 FISH HATCHERY 1680 1965 FA-SB2 Storage Building 2 Public Service General Fund 1709 FISH HATCHERY 21565 1940 FA-TPRR Tregent Park Restroom Public Service Public Works 261 ELKHORN 884 1986 FA-PS1 Visitor Center Parking Structure Public Service Public Works 691 SAINT VRAIN 120146 2017 FA-FISHRS Records Storage Public Service General Fund 1711 FISH HATCHERY 384 FA-FISHREO REO Garage Public Service General Fund 1706 FISH HATCHERY 600 FA-PIC Picnic Shelter Public Service Public Works 500 BIG THOMPSON 500 FA-FISHORR Fish Hatchery Old Restroom Public Service General Fund 1700 FISH HATCHERY 288 FA-SSS Salt/Sand Storage Public Service Public Works 650 ELM 3150 FA-THS Transit Hub Shelter Public Service Public Works 1209 MANFORD 280 FA-LPSSS Substation Shop Public Service Light & Power 2009 MARYS LAKE 932 FA-LPLES Lake Estes Substation Public Service Light & Power 875 SAINT VRAIN 910 FA-LPMLES Mary's Lake Electrical Substation Public Service Light & Power 2009 MARYS LAKE 930 FA-MUW Museum Workshop Community Center Cultural Services 200 4TH 200 FA-MURMNP Rocky Mountain NP Museum Community Center Cultural Services 200 4TH 920 FA-MULC Log Cabin Museum - Cobb-Macdonald Community Center Cultural Services 200 4TH 351 FA-MUBC Birch Cabin Education Building Community Center Cultural Services 324 MACGREGOR 645 FA-MUED1 Education Community Center Cultural Services 324 MACGREGOR 8925 FA-MUED2 Education Community Center Cultural Services 324 MACGREGOR 20 FA-MUHPMO Hydroplant Museum Office Community Center Cultural Services 1746 FISH HATCHERY 990 FA-PSG Parks Shop Greenhouse Public Service Public Works 600 BIG THOMPSON 1000 FA-PDSC Police Dept. Storage Cabin Police Department General Fund 170 MACGREGOR 120 FA-FSTA Fairgrounds Stable A Community Center Community Services 1209 MANFORD 1620 FA-FSTD Fairgrounds Stable D Community Center Community Services 1209 MANFORD 1620 FA-FSTG Fairgrounds Stable G Community Center Community Services 1209 MANFORD 1720 FA-FSTK Fairgrounds Stable K Community Center Community Services 1209 MANFORD 1620 FA-FSTL Fairgrounds Stable L Community Center Community Services 1209 MANFORD 1620 FA-FSTC Fairgrounds Stable C Community Center Community Services 1209 MANFORD 1620 FA-FSTTSB Fairgrounds Stable Tack Stall B Community Center Community Services 1209 MANFORD 1720 FA-FSTTSF Fairgrounds Stable Tack Stall F Community Center Community Services 1209 MANFORD 1720 FA-FSTTSH Fairgrounds Stable Tack Stall H Community Center Community Services 1209 MANFORD 1720 FA-FSTTSI Fairgrounds Stable Tack Stall I Community Center Community Services 1209 MANFORD 1720 FA-FSTTSJ Fairgrounds Stable Tack Stall J Community Center Community Services 1209 MANFORD 1720 FA-FEXO Exhibitor's Office/Fairs & Events Only Community Center Community Services 1209 MANFORD 177 FA-FABC Fairgrounds Announcer Booth C Community Center Community Services 1209 MANFORD 240 FA-FSB Fairgrounds Shoeing Barn Community Center Community Services 1209 MANFORD 560 FA-FSTV Fairgrounds Stable V Community Center Community Services 1209 MANFORD 7595 FA-FLOG1 Fairgrounds Log Building at Entrance 1 Community Center Community Services 1209 MANFORD 242 FA-FTB Fairgrounds Ticket Booth Community Center Community Services 1209 MANFORD 60 FA-FMS Fairgrounds Maintenance Shop Community Center Community Services 1209 MANFORD 1600 FA-FTH Fairgrounds Tool House Community Center Community Services 1209 MANFORD 242 FA-FC&C Fairgrounds Chutes & Corrals Community Center Community Services 1209 MANFORD 200 FA-FRP&C Fairgrounds Roping Pens & Chutes Community Center Community Services 1209 MANFORD 1440 FA-FSTU Fairgrounds Stable U Community Center Community Services 1209 MANFORD 3900 FA-FPJS Fairgrounds Portable Judges Stand Community Center Community Services 1209 MANFORD 96 FA-FAB Fairgrounds Announcer's Booth Community Center Community Services 1209 MANFORD 180 FA-FLOG2 Fairgrounds Log Building at Entrance 2 Community Center Community Services 1209 MANFORD 242 FA-FMO Fairgrounds Manager's Office Community Center Community Services 1209 MANFORD 1322 FA-FSTT Fairgrounds Stable T Community Center Community Services 1209 MANFORD 6500 FA-FEXB Fairgrounds Exhibit Building Community Center Community Services 1209 MANFORD 2850 FA-FHAYB Fairgrounds Hay Barn Community Center Community Services 1209 MANFORD 4800 32 36ESTES PARK FACILITIES MASTER PLAN – APPENDIX A Page 209 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX A 3 FA-FSO Fairgrounds Show Office Community Center Community Services 1209 MANFORD 104 FA-FHBW Fairgrounds Horse Barn W Community Center Community Services 1209 MANFORD 16000 FA-FRR Fairgrounds Restrooms Community Center Community Services 1209 MANFORD 960 FA-FSTE Fairgrounds Stable E Community Center Community Services 1209 MANFORD 1720 FA-WFREPH Water Fall River Estates Pump House Public Service Water 2000 FALL RIVER 204 FA-WTMPH Water Thunder Mountain Pump House Public Service Water TUNNEL 164 FA-WPEPH Water Prospect Estates Pump House Public Service Water 1660 PROSPECT ESTATES 144 FA-WBS Water Booster Station Public Service Water FALL RIVER 120 FA-WGCGH Water Glacier Creek Gatehouse/Headworks Public Service Water 480 CARING 830 FA-WCWPCS Water Crystal Plant Chemical Storage Public Service Water HIGHWAY 7 2030 FA-WSCADATLMS Water SCADA Tank Level Monitoring Site Public Service Water 1001 PROSPECT MOUNTAIN 72 FA-WBTFB Water Big Thompson Filter Building Public Service Water 112 PROSPECT MOUNTAIN 112 FA-WKEPH Kiowa Estates Pump House Public Service Water 450 KIOWA 224 FA-WMSCADABS Water Municipal & SCADA Base Station Public Service Water PROSPECT MOUNTAIN 100 FA-WMLRWPS Water Mary's Lake Raw Water Pump Station Public Service Water MARYS LAKE * indicates rental property 32 37ESTES PARK FACILITIES MASTER PLAN – APPENDIX A Page 210 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 1 A P P END IX B – B UI LD IN G D A T A SH E E TS 32 38ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 211 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 2 3239ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 212 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 3 32 40ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 213 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 4 32 41ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 214 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 5 3242ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 215 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 6 3243ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 216 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 7 32 44ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 217 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 8 32 45ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 218 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 9 3246ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 219 APPENDICIES ESTES PARK FACILITIES MASTER PLAN – APPENDIX B 10 3247ESTES PARK FACILITIES MASTER PLAN – APPENDIX B Page 220 ESTES PARK FACILITIES MASTER PLAN – APPENDIX C 6 A P P END IX C – TABL E O F EXPE CT E D USEF UL L IFE B Y CO MP O N EN T T YPICA L S YSTEM LIF E CYCLE DURAT IO N System and component life cycles used to determine cost model data for this project are based on the average service life of as indicated in the Preventive Maintenance Guidebook: Best Practices to Maintain Efficient and Sustainable Buildings published by the Building Owners and Managers Association (BOMA) International. When life cycle information is not provided by BOMA, values have been assigned by the Consultant Team using its best professional judgement. 32 48 Page 221 ESTES PARK FACILITIES MASTER PLAN – APPENDIX C 7 Table #1. Typical System Life Cycle Duration SYSTEM LIFECYCLE (In Years) SYSTEM LIFECYCLE (In Years) Roofing Interior Finishes Composite Shingle 20 Floors 15 Membrane (TPO/EPDM) 25 Walls 10 Metal Panels 25 Interior Doors 25 Modified Bitumen 20 Ceiling (ACT and Grid) 20 Standing Seam Metal 35 Ceiling (Painted Drywall) 20 Exterior Cladding Stucco/EIFS 15 Siding 30 Masonry/Stone 50 Exterior Openings Hollow Metal 25 Conveying Systems Vinyl / Fiberglass 15 Elevators 35 Wood 20 Lifts 32 49 Page 222 ESTES PARK FACILITIES MASTER PLAN – APPENDIX C 8 SYSTEM LIFECYCLE (In Years) SYSTEM LIFECYCLE (In Years) HVAC Lighting Cooling 25 Controls 15 Controls 20 Fixtures 20 Distribution 30 Wiring 30 Heating 30 Terminal and Packaged Units 15 Fire Protection Fire Alarm Notification 15 Plumbing Fire Detection - Devices 15 Fixtures 30 Fire Detection - Wiring 30 Domestic Water Distribution 30 Fire Suppression - Sprinklers 30 Sanitary Waste 30 Fire Suppression - Standpipes 40 Smoke Detection 10 Electrical Branch Wiring 30 Specialties and Equipment Devices 20 Bathroom Accessories 20 Service and Distribution 40 Built-In Items 30 Institutional Equipment 40 32 50 Page 223 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 6 A P P END IX D – R ESIDEN T SUR V EY This appendix provides details about the resident survey used to gather resident input on various options considered in the facilities master plan. The survey was launched on December 2, 2021 as a part of a public meeting about the facilities master plan. The survey was advertised via the public meeting, flyers, and a newspaper article. The survey collected 137 responses. The survey instrument is included below followed by charts providing the responses to each question. 32 51 Page 224 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 7 SURVEY INSTRUME NT Facilities Master Plan Community Survey Introduction The Town of Estes Park is developing a facilities master plan – a roadmap that will guide the management, maintenance, and construction of Town facilities. As a part of this effort the consulting team has identified four key findings: ● Town Hall has served the community well for many years but is beyond its useful life and investing further does not make economic sense. ● Police services should not be in downtown because of safety concerns; its facility is inadequate. ● Other aging facilities are facing major repair/ renovation. ● There are limited opportunities to purchase land in the town, requiring flexibility in the plan. Based on these findings, we would like input on the most important considerations for future town facilities. Current behavior 1. How frequently do you visit Town Hall at 170 MacGregor Ave? [Choose one] ● Once a week or more ● More than once a month, but less than once a week ● About once a month ● A few times a year ● Once a year ● Less than once a year 2. What services do you typically use when visiting the Town Hall area? [Randomize – check all that apply] ● Police Services ● Paying a utility bill ● Community Development (Planning and Building) ● Town Clerk ● Human Resources ● Utilities (non-billing) ● Public Works ● Town Administrator’s Office ● Town Board or Other Public Meetings ● Library ● Public Restrooms ● Parking to visit other downtown establishments 32 52 Page 225 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 8 3. How do you typically get to town hall? [Choose one] ● Walk ● Drive ● Bike ● Transit ● Para-transit (Via Mobility) 4. How did you learn about the Facilities Master Plan? [Choose one] ● I attended the presentation on 11/18 ● I watched a recording of the presentation made on 11/18 ● I saw the project flyer ● None of the above Key Facilities Considerations 5. What are the top three most important considerations for the Town as it pursues future facility investments? [Randomize and choose top 3] ● Easy access ● Convenient and ample parking ● Maximizing the services available in one location ● Creating a civic campus (co-location of Town services and other amenities) ● Keeping operating costs low ● Minimizing cost of building new facilities ● Maintaining a municipal presence in the downtown area ● Keeping as many services downtown as possible ● Moving services out of downtown ● Maximizing ability to access Town services online ● Minimizing service disruption while building new facilities 6. What Town Hall services are most important to have co-located (e.g., paying a bill and getting a permit)? [Short answer] 32 53 Page 226 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 9 Testing scenarios The facilities master plan will ultimately recommend one of three scenarios for locating services now housed in Town Hall. Below we provide a basic overview of these three scenarios along with the pros and cons of each scenario. Concept 1 – New Town Hall Downtown ●New Police Services building is phase 1 ●Town Hall is rebuilt downtown (no redevelopment of the site for other uses) ●Likely need additional parking at Town Hall to meet needs ●Town Services remain downtown 32 54 Page 227 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 10 Concept 2 – Consolidated Campus not Downtown ● New Police Services building is phase 1 ● Town Hall is relocated outside of downtown, preferably near Police ● Site becomes available for redevelopment for other uses ● Parking required on new site ● Limited Town government presence in downtown 32 55 Page 228 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 11 Concept 3 – Services are split between multiple locations ●New Police Services building is phase 1 ●Some Town Hall services are relocated outside of downtown, preferably near Police ●Town Hall site available for partial redevelopment for other uses ●Parking required at both sites ●Town government presence remains in downtown 3256 Page 229 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 12 7. Which of the concepts do you like the most? [Choose one] ● Concept 1 – New Town Hall Downtown ● Concept 2 – Consolidated Campus not Downtown ● Concept 3 – Services are split between multiple locations 8. Why? [Short answer] 9. Which of the scenarios do you like the least? [Choose one] ● Concept 1 – New Town Hall Downtown ● Concept 2 – Consolidated Campus not Downtown ● Concept 3 – Services are split between multiple locations 10. Why? [Short answer] Demographics 11. Do you live within the town limits of Estes Park? [Choose one] ● Yes, year-round ● Yes, part-time/seasonal ● No, I live outside town limits 12. Do you work or live downtown? [Check all that apply] ● Work ● Live ● None of the above 13. Are you Spanish, Hispanic, or Latino? [Choose one] ● No, not Spanish, Hispanic, or Latino ● Yes, I consider myself to be Spanish, Hispanic, or Latino 14. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) [Check all that apply] ● American Indian or Alaskan Native ● Asian, Asian Indian or Pacific Islander ● Black or African American ● White ● Other 32 57 Page 230 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 13 15. In which category is your age? [Choose one] ●18-24 years ●25-34 years ●35-44 years ●45-54 years ●55-64 years ●65-74 years ●75 years or older 16. Do you have any additional comments about the Facilities Master Plan? [Short answer] 3258 Page 231 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 14 Q1. How often do you visit Town Hall? A few times a year 40% Once a week or more 18% More than once a month, but less than once a week 12% About once a month 12% Less than once a year 7% Don't use services at Town Hall 7% Once a year 4% Total 100% Percentage Q2. Top Services Used When Accessing Town Hall Library 21% Public Restrooms 14% Parking to visit other downtown establishments 13% Town Board or Other Public Meetings 11% Town Clerk 10% Paying a utility bill 9% Police Services 5% Public Works 5% Town Administrator's Office 5% Community Development (Planning and Building)5% Human Resources 2% Total 100% Percentage Q3. How do you get to Town Hall? Drive 85% Walk 15% Bike 1% Total 100% Percentage Q4. How did you learn about the FMP? None of the above 30% I watched a recording of the presentation made on 12/2 22% I saw the project flyer 21% Email 8% I attended the presentation on 12/2 8% Facebook 6% Word of mouth 2% Newspaper 2% Total 100% Percentage 3259 Page 232 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 15 Q5. Respondent Priorities Convenient and ample parking 13% Easy access 11% Minimizing cost of building new facilities 11% Maximizing ability to access Town services online 10% Maximizing the services available in one location 10% Maintaining a municipal presence in the downtown area 10% Keeping operating costs low 9% Moving services out of downtown 9% Keeping as many services downtown as possible 7% Creating a civic campus (co-location of Town services and other amenities)6% Minimizing service disruption while building new facilities 5% Total 100% Percentage Q6. What services are important to have co-located? Utilities and permits 35% Everything 25% Everything but police 10% Town clerk and utilities 7% Don't know 6% Utilities and library services 5% Other 5% Consolidate online 4% Community meetings and library services 2% Related services 1% Town clerk, public meetings 1% Total 100% Percentage Q7. Preferred Concept Consolidated Campus not Downtown 44% New Town Hall Downtown 37% Services are split between multiple locations 19% Total 100% Percentage Q8a. Why is "New Town Hall Downtown" your preferred option? Central location 35% Central location, but move police 25% Sense of community 10% No reason to change 7% Better for environment 6% Easy access to town officials 5% Cost minimization 5% Total 92% Percentage 32 60 Page 233 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 16 Q8b. Why is "Consolidated Campus not Downtown" your preferred option? Easier to access 45% Downtown is for tourists 20% Opportunity to redevelop downtown 14% Other 11% Cost effective 9% Total 100% Percentage Q8c. Why is "Split services" your preferred option? Move police out of downtown 39% Don't know 17% Keep government downtown 17% Cost effective 17% Other 11% Total 100% Percentage Q9: Least Preferred Concept Services are split between multiple locations 42% New Town Hall Downtown 32% Consolidated Campus not Downtown 25% Total 100% Percentage Q10a. Why is "New Town Hall Downtown" your least favorite? Too much congestion 38% Misses opportunity to redevelop downtown 22% Downtown is for tourists 13% Other 9% Cost/Benefit 6% Services have outgrown downtown 6% Downtown property too valuable 3% Doesn't solve current issues 3% Total 100% Percentage Q10b. Why is "Consolidated Campus not Downtown" your least favorite? Compromises town identity 40% Inconvenient 32% Cost 20% Other 8% Total 100% Percentage 32 61 Page 234 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 17 Q10c. Why is "Split services" your least favorite? Confusing 36% Inconvenient 26% Inefficient 17% Other 12% Costly 10% Total 100% Percentage Q11. Do you live in Estes Park? Yes, year-round 60% No, I live outside town limits 30% Yes, part-time/seasonal 7% None of the above/Prefer not to answer 3% Total 100% Percentage Q12. Do you work or live in the Town of Estes Park? None of the above/Prefer not to answer 68% Work 19% Live 8% Both 6% Total 100% Percentage Q13. Do you identify as Hispanic/Latino? No, not Spanish, Hispanic, or Latino 65% None of the above/Prefer not to answer 35% Total 100% Percentage Q14. What is your race? White 77% None of the above/Prefer not to answer 22% American Indian or Alaskan Native 1% Total 100% Percentage 3262 Page 235 ESTES PARK FACILITIES MASTER PLAN – APPENDIX D 18 Q15. What is your age? 55-64 years 31% 65-74 years 26% 45-54 years 15% None of the above/Prefer not to answer 13% 35-44 years 7% 75 years or older 6% 25-34 years 3% Total 100% Percentage 3263 Page 236