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HomeMy WebLinkAboutPACKET Town Board 2023-08-22The 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, August 22, 2023 7:00 p.m. 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., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated August 8, 2023 and Town Board Study Session Minutes dated August 8, 2023. 3.Estes Park Planning Commission Minutes dated July 18, 2023 (acknowledgment only). 4.Resolution 71-23 Lease Agreement with Ponderosa Realty for Transitional Employee Housing. 5.Resolution 72-23 Memorandum of Understanding with the Estes Park Sister Cities Association regarding Roles and Responsibilities. 6.Resolution 78-23 Authorizing Additional Expenditures under an On-Call Contract with Advanced Engineering and Environmental Services, LLC for Professional Services Related to Town Water System Infrastructure, Budgeted. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.ESTES VALLEY WATERSHED COALITION ANNUAL UPDATE. President Leavitt and Treasurer James. Prepared 08-1 1-2023 *Revised 08-18-2023 * Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. LIQUOR ITEMS: 1. RESOLUTION 73-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR TWISTED GRIFFIN PUB & RESTAURANT LLC DBA TWISTED GRIFFIN PUB & RESTAURANT, 247 W. ELKHORN AVENUE, 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. CONTINUANCE REQUEST FOR RESOLUTION 74-23 AMENDED PLAT, 13TH FAIRWAY SUBDIVISION, 1700 BRODIE AVENUE, PRESBYTERIAN COMMUNITY CHURCH OF THE ROCKIES, MICHAEL MOON OWNER/APPLICANT. Planner Washam. Request to continue to September 26, 2023. 2. ACTION ITEMS: A. RESOLUTION 75-23 AMENDED PLAT, PEACEFUL PINES AND KIDWELL ADD SUBDIVISIONS, 500 & 520 PINEWOOD LANE, PINEWOOD LANE LLC/KIDWELL INVESTMENTS LTD OWNERS/APPLICANTS. Planner Washam. To amend Lot 1 of Peaceful Pines Subdivision and all of Kidwell Addition to adjust the boundary line of the properties to rectify existing encroachment issues and to dedicate additional right-of-way. B. RESOLUTION 76-23 AMENDED PLAT, MIRABELL AND BUENNA VISTA TERRACE SUBDIVISIONS, 249 MOUNTAIN VIEW LANE AND 225 WESTVIEW LANE, DREES/MURPHEY OWNERS/APPLICANTS. Planner Washam To amend Lot 1 of Mirabell Subdivision and Lot 24 of 1st Resub of Buenna Vista Terrace to adjust the existing lot line shared by the two properties to create a conforming setback. ACTION ITEMS: 1. ORDINANCE 07-23 AMENDING SECTION 1.20.020 OF THE ESTES PARK MUNICIPAL CODE REGARDING COLLECTION OF UNPAID MUNICIPAL COURT ASSESSMENTS. Town Clerk Williamson. The proposed ordinance would provide the Municipal Court with the authority to send unpaid fines, fees, court costs, etc. to collections. 2. RESOLUTION 77-23 FIRST RENEWAL OF THE TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT WITH TRAVIS MACHALEK. Director Williamson. New Four-year employment agreement. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, August 8, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 8th day of August, 2023. Present: Wendy Koenig, Mayor Marie Cenac, Mayor Pro Tem Trustees Kirby Hazelton Frank Lancaster Barbara MacAlpine Patrick Martchink Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Deputy Town Clerk Absent: Trustee Younglund Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Martchink/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. George Grobowsky/County citizen stated concerns regarding the Municipal Code requirement stipulating any property outside of Town limits, execute a water tap agreement requiring annexation to the Town when eligible for annexation and potential donation of park/open space. His concerns to sign the agreement were presented to Town Administrator Machalek, Utilities Director Bergsten and Town Attorney Kramer. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The July Trustee Talk session included 18 members of the public in attendance with discussion on Moraine Avenue development impacts to businesses; the Growing Water Smart Team met with Utilities staff to discuss water conservation and future impacts; the Community Development department held an open house after renovations which came in under budget; the Upper Thompson Sanitation District held an open house which included a tour of the Water Treatment Plant and the public were encouraged to refrain from pouring coffee grounds and grease down drains; Visit Estes Park (VEP) held a meeting and discussed tax collection data for the year; Frozen Dead Guy Days event was recognized as a finalist for the Governor’s Tourism Award; VEP has researched options to use artificial intelligence (AI) for content creation and other types of online presence and outreach methods; and the Regional Air Quality Council met to review modeling guidelines. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek commended staff for their assistance and response during the recent flooding impacting the Glen Haven area. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 25, 2023, and Town Board Study Session Minutes dated July 25, 2023. 3.Transportation Advisory Board Minutes dated June 21, 2023 (acknowledgment only). DR A F T Page 3 Board of Trustees – August 8, 2023 – Page 2 4.Decline to Exercise Right of First Refusal to Purchase Windy Gap Water Units. 5.Appointments to the Estes Park Planning Commission of David Shirk for a term expiring March 31, 2024, and Charles Cooper for a term beginning August 16, 2023 and expiring March 31, 2028. 6.Appointment of Bill Brown to the Estes Park Housing Authority to complete the term of Carissa Streib expiring April 30, 2028. 7.Resolution 69-23 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for Twisted Griffin Pub & Restaurant dba Twisted Griffin Pub & Restaurant, 247 W. Elkhorn Avenue, Estes Park. It was moved and seconded (Hazelton/MacAlpine) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 70-23 FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT (IGA) FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA). Chief Hayes stated Jackson County currently has their own emergency telephone authority and requested to join LETA for operational and mutual-aid support. The resolution would expand LETA’s jurisdiction to include Jackson County as the 31st signatory on the IGA. Staff stated there would be no additional cost to the residents of Larimer County and the addition was supported by both Larimer County and Jackson County Sheriffs. Staff recommended approval of the resolution. There being no further discussion, it was moved and seconded to approve (Lancaster/Martchink) to approve Resolution 70-23, and it passed unanimously. The Board recognized Public Works staff for opening parking off Moraine Avenue between Rockwell Street and Piccadilly Square during The Downtown Estes Loop construction. Whereupon Mayor Koenig adjourned the meeting at 7:19 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 4 Town of Estes Park, Larimer County, Colorado August 8, 2023 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 in said Town of Estes Park on the 8th day of August, 2023. Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, and Martchink Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Disney Absent: Trustee Younglund Mayor Koenig called the meeting to order at 5:40 p.m. EFFICIENCY WORKS OVERVIEW. Advanced Metering Infrastructure (AMI) Coordinator Clark and Bryce Brady of Platte River Power Authority (PRPA) provided an overview of Efficiency Works, PRPA’s customer programming for Distributed Energy Solutions. They highlighted energy solutions, the structure of Efficiency Works, partnerships, 2023 business and residential customer offerings, energy advising and assessments, rebates, consumer engagement, effects on the Town, and next steps. The Board discussed efficient products for new developments and workforce housing, strengthening the outreach in Estes Park, rebate options in Estes Park, energy advisor education, contractors based in Estes Park, and appliance recycling. FEMA FLOOD MAP UPDATE. Engineer Waters provided an update and history of the FEMA Flood Insurance Rate Maps (FIRMs). The Colorado Hazard Mapping Project provides framework for updating the FIRMs. The Town has fulfilled its responsibilities for this process and several of the adoption steps have been completed. The complexities of the Estes Valley have led to delays in finalizing the maps and the Town expects FEMA to issue the Letter of Final Determination by December 2023. The Town would then have six months to adopt the new FIRMs by ordinance. Engineer Waters highlighted the process of creating the FIRMs, 2-D mapping, submitted appeals, and the Town’s current floodplain management and regulations. The Board discussed the effects and insurance rate increases on policy holders, national and regional impacts on insurance rates, caps on insurance rate increases and coverage, and the community rating system. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Lancaster requested and it was determined to schedule a discussion on substandard workforce housing specifically for international seasonal workforce for a future Study Session. Town Administrator Machalek requested, and it was determined to add a discussion on the Proposed 6E Funding Plan to the Joint Study Session on September 26, 2023, and schedule the Updated Americans with Disabilities Act Transition Plan for a future Study Session. There being no further business, Mayor Koenig adjourned the meeting at 6:50 p.m. Kimberly Disney, Recording Secretary Page 5       Page 6 Town of Estes Park, Larimer County, Colorado, July 18, 2023 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on the 18 day of July 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Howard Hanson, Chris Pawson. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Commissioner Pawson, Director Jessica Garner, Planner I Kara Washam, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer Absent: none Chair Comstock called the meeting to order at 1:30 p.m. There were approximately 15 people in attendance. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT Comments on specific development are not allowed, per Attorney Kramer. Terry Rustin, Devon Drive, gave comments on the process of how decisions are made. Kristine Poppitz, Devon Drive, asked how to get questions answered as staff have not responded to many of her submitted queries. Christy Jacobs, Twin Drive, commented on false information on documents and the rules for public speaking during public meetings. Dan Scase, Longs Drive, was curious about who is responsible for enforcing the rules and the recourse from them , stating that it is impossible to get answers for quasi-judicial items. How do things get resolved? CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Pawson) to approve the consent agenda. The motion passed 4-0. ACTION ITEMS 1. Habitat on Raven Preliminary Subdivision Planner Washam On June 20, 2023, this item was continued to the July 18 meeting. The applicant is considering various options to move forward with the subdivision but has not submitted any revised plans. It was requested by the applicant to continue this item to a date uncertain. Public Comment: none It was moved and seconded (Heiser/Hanson) to continue the item to a date uncertain. The motion passed 4-0. 2. 685 Peak View Rezone from E1 to E Director Garner Commissioner Pawson recused himself from the item discussion and vote. The applicant has requested the item be continued to the August 15 Planning Commission meeting. The rezoning application would be first on the agenda, and the subdivision would be second. This item is continued because it was legally noticed in the newspaper and is not ready for a hearing at this time. Public Comment was not allowed. Page 7 Planning Commission – July 18, 2023 – Page 2 It was moved and seconded (Heiser/Hanson) to continue the item to the August 15 Planning Commission. The motion passed 3-0. REPORTS: Director Garner explained the process for filling the vacant seat on the Planning Commission. Interviews are scheduled for the week of July 24 with the hope of filling the position as soon as possible. There are three applicants. Once a decision is made, the Town Board will appoint the candidate at a future Board Meeting. Missing Middle discussions are likely to return at the September meeting. There being no further business, Chair Comstock adjourned the meeting at 2:00 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary Page 8 Human Resources Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 22, 2023 RE: Resolution 71-23 Lease agreement with Ponderosa Realty for a year lease for a transitional housing unit from September 2023 to August 2024. PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Human Resources is requesting the Board’s consideration of a lease agreement with Ponderosa Realty for a transitional housing unit to house new employees. Present Situation: The Town has utilized Town owned properties at the Fish Hatchery (4), Stanley Circle Drive (1), and a duplex (2) at the corner of Ivy as transitional housing for new employees. The duplex unit was demoed as part of the Loop project and the home on Stanley Circle Drive has been converted to a duty house. Currently the Town has two homes at the Fish Hatchery that are utilized as transitional housing. With the reduction in the number of Town owned units available for transitional housing, staff has increasing found it difficult to hir e highly qualified staff. The Executive Leadership Team formed a subgroup to discuss and make recommendations on how the Town may address employee housing needs. One of the items discussed is the need for additional transitional housing to attract highly qualified individuals and assist them during the in itial transition to our community by providing them with housing. Proposal: Staff is proposing leasing a one-bedroom apartment through Ponderosa Realty for one year as a transitional housing unit. The Town would sublet the apartment to employees through our current rental agreement used for Town owned units. The unit would be rented by a new employee in September until they transition into a home at Fish Hatchery. Once vacated the Town would sublet the unit to another new employee. The Town would pay the rent directly to Ponderosa and collect the rent from the employee through a payroll deduction. There is a risk the Town may pay a month’s rent here or Page 9 there during the lease if an employee is not housed in the unit in between rental agreements. If this arrangement is successful, staff would like to discuss the option of a master lease in the future. Advantages: •Provides transitional housing for new employees to eliminate the barrier to relocating to Estes Park. •Provides the Town with a guaranteed unit to sublet throughout the year. •Assists the Town in attracting and hiring highly talented employees. Disadvantages: •The Town would lose the opportunity to attract and house a highly qualified employee for a critical position within the Town operations. Action Recommended: Approve Resolution 71-23 to provide a transitional housing unit the Town can use to house new employees. Budget: The annual rental cost of $13,800 would be covered by the General Fund if the Town is unable to rent the unit to an employee. It is anticipated the unit will be occupied for most of the 12-month lease with a majority of the rent paid by the employee. Level of Public Interest: Low. Sample Motion: I approve/deny Resolution 71-23. Attachments: 1.Resolution 71-23 2.Lease Agreement with Ponderosa Realty 3.Disclosure Page 10 RESOLUTION 71-23 A RESOLUTION APPROVING A LEASE AGREEMENT WITH PONDEROSA REALTY FOR TRANSITIONAL EMPLOYEE HOUSING WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is appropriate to enter into a lease agreement with Ponderosa Realty for a provide transitional employee housing beginning September 1, 2023 and ending August 31, 2024; and WHEREAS, with a lease term of only one year, the Board determines that this is a short-ter m lease. 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 agreement referenced in the title of this resolution and ancillary documents in substantially the form now before the Board. The Board authorizes the Town Administrator or designee to sublease the subject property as transitional employee housing. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 11 Initial________ LEASE AGREEMENT THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. This document is not a Colorado state approved form. This form was written by Glenn D. Malpiede at Estes Park Legal Services. THIS LEASE is made this August 7, 2023, between Ponderosa Realty & Management, Inc. (hereinafter referred to as Manager) on behalf of Nicholas C. Stanitz Trust (hereinafter referred to collectively as Landlord) and the Town of Estes Park (hereinafter referred to collectively as Tenant). In consideration of the payment of the rent and the conditions set forth below, the Manager does hereby lease to the Tenant the property located at and described as: 600 Moccasin Circle Drive unit D2 Estes Park, CO 80517. TO HAVE AND TO HOLD the above described premises for the lease term commencing on noon the 1st day of September, 2023, and until midnight on the 31st day of August, 2024. 1.The rent for the said term is $13,800.00 payable in monthly installments of $1,150.00 each, due the first day of each month during the aforesaid lease term to be paid at the office of Ponderosa Realty & Management, Inc., at 1751 North Lake Avenue, Suite 104, Estes Park, CO 80517. Rent received on or after the 7th day after the due date shall be deemed late and Tenant agrees to pay a LATE FEE of 5% or $50.00, whichever is greater per month thereafter until both rent and late fees for that period have been paid in full. Rent received on or after the 7th day after the due date shall constitute a breach of this Lease Agreement. Utilities to be paid by Tenant are as follows: (lines marked with “X” shall constitute Tenant responsibility) X ELECTRIC N/A GAS/PROPANE N/A TRASH X PHONE N/A WATER N/A SAN/SEWER X TV/CABLE X INTERNET All utilities to be paid by the Tenant must be transferred into Tenant’s name starting on the occupancy date. Failure to do so will result in breach and termination of lease. 2.RENEWAL TERMS. This lease shall automatically renew for an additional period of one month, and sequential periods of one month each thereafter, unless either party gives written notice of the termination no less 30 days prior to the end of the term or renewal term. The lease terms during any such renewal shall be the same as those contained in this Lease; any changes within shall require no less than 30 days written notice. 3.OCCUPANTS. The premises may not be occupied by more than 2 person(s) unless prior written consent of Landlord is obtained. 4.PARKING. Tenant shall be entitled to park 1 motor vehicle(s) on the premises. 5.PETS. No pets allowed without prior written approval by Landlord. Approved pets are: None Additional pet deposit required: $ N/A 6.SECURITY DEPOSIT. A security deposit of $1,150.00 is required to be paid in full before occupancy date. The deposit will be held by Ponderosa Realty & Management, Inc. Tenant hereby agrees that security deposit shall not accrue interest to Tenant’s benefit. The security deposit will be refunded within sixty (60) days after Tenant vacates the premises, after the deduction therefrom of any costs that include, but are not limited to the following: Attachment 2 Page 12 Initial________ a. Rent owed plus interest; b. Accrued and unpaid late fees; c. Damages and repairs to or on the premises; d. Cleaning costs including the interior and exterior of the premises, carpets, appliances, trash removal and removal and storage of any personal property, (ordinary wear and tear expected). Note cleaning addendum in paragraph 6.k., below. e. Final utility bills that are unpaid by the Tenant. f. Attorney fees and costs incurred in the enforcement of this lease, for collection of monies due under this lease or for eviction and forceable entry proceedings, which shall be at the expense of the Tenant. g. Costs incurred by tenant’s early termination of lease. Any unused portion of the deposit will be returned to the last known address of the Tenant with a written explanation of any deductions made. The deposit will be forfeited if Tenant moves out without a thirty (30) day written notice or vacates prior to the end of the agreed lease period. 7. TENANT RESPONSIBILITIES. The responsibilities of the Tenant include but are not limited to the following: a. Tenant shall be responsible for clearing of any clogged drains and sewer lines unless said stoppage is the result of a structural defect, or root growth in the main sewer line. The Tenant shall keep the interior and exterior of the leased premises in a neat and clean condition, free from debris, filth, waste or any flammable, dangerous, or detrimental material. Tenant shall be responsible for grounds maintenance, care of trees and shrubs, keeping the grounds clear of debris, raking pine needles, and keeping any walkways and decks clear of snow. Any damage to the interior or exterior of the leased premises, including damage to the well, septic system, sewer lines trees, shrubs or structures due to Tenant’s action, inaction or negligence will be repaired or replaced entirely at Tenant’s expense. Any such cost advanced by the Landlord or Manager for which Tenant is responsible shall bear interest at the rate of 18% per annum. b. Tenant shall not create or permit any disturbance or nuisance that will interfere with the rights, safety, comforts or convenience of neighbors or those providing repairs or maintenance. c. Tenant agrees that the premises, its appliances and appurtenances have been thoroughly inspected and hereby accepts the property and these items in their present condition, “as-is”, and that no warranty, expressed or implied, has been given by Landlord or Manager regarding the condition of these items, nor has any promise been made to repair or replace same, and Tenant agrees to return the property in that same condition upon move-out, normal wear and tear excepted. d. Tenant shall allow Manager to enter the premises at all reasonable hours to examine the premises and for any required maintenance or repairs. Manager must give reasonable notice before entry unless there is an emergency which could cause damage to the property, in which case, Manager may enter without notice in order to protect the property whether Tenant is or is not present. Manager may also enter the premises without notice if Manager has reason to believe the premises are abandoned. e. Tenant shall not order ANY repair work or service calls without the knowledge and consent of Manager, otherwise Tenant shall be responsible for ALL costs incurred. No changes, alterations or additions, including painting, are to be made without the written consent of the Landlord. Authorized repairs or modifications performed by the Tenant shall not be deducted from the rent for any reason. f. If leased premises is part of a homeowners’ association (HOA), Tenant must strictly adhere to all HOA rules. g. Tenant shall not change any door locks without the written consent of Landlord. h. Tenant shall return all keys and/or garage door opener(s) at the time of move out or pay the following: $5.00 per key issued, actual replacement costs of garage door opener(s). i. Tenant may sublet the property without the express written consent of Landlord, and allow any sublessees to live on the premises subject to the terms of this Lease. j. Tenant hereby agrees to pay a $50.00 charge for any checks returned due to insufficient funds or closed accounts. Page 13 Initial________ k. Tenant hereby agrees to have all carpets professionally cleaned, at Tenant’s expense, upon vacating the premises and shall provide Manager with proof of having done so. Tenant also hereby agrees to clean the entire premises, including the home and surrounding grounds, upon vacating the premises, and that should they fail to do so Manager may contract with a professional cleaning company to remove all debris, and to clean the entire home, at Tenant’s expense. l. Tenant shall use the premises only for the purposes of a single-family dwelling, and under no circumstances shall any activity be carried on which would violate any ordinance, statute state or federal law including but not limited to zoning regulations. m. Tenant shall keep the premises at or above 55°F at all times during the leased period. n. Tenant shall not perform automotive repairs anywhere on the leased premises without written authorization from Landlord. o. Tenant shall keep, test, and maintain all carbon monoxide alarms in good repair. p. Tenant shall notify Manager in writing if the batteries of any carbon monoxide alarm need to be replaced. q. Tenant shall notify Manager in writing if any carbon monoxide alarm is stolen, removed, missing, or non- operational. r. Tenant shall notify Manager in writing of any deficiency in any carbon monoxide alarm that Tenant cannot correct. 8. LANDLORD RESPONSIBILITIES. The responsibilities of the Landlord shall include: a. Landlord shall be responsible for repairs to the exterior of the leased premises, all installed appliances (except for those appliances belonging to Tenant), heating system, wiring and plumbing, provided damage is not caused by Tenant, or those acting by, through or under them. b. Landlord shall abide by the Colorado Warranty of habitability statutes. 9. Landlord/Manager shall not be responsible for loss or damage to Tenant’s personal property for any reason. The Landlord/Manager’s insurance will not cover tenant’s possessions or the loss of use of the residence, in the event of unforeseen circumstances, such as, but not limited to: floods, fires, sewer backups, etc. Tenant is encouraged to obtain renters insurance. Initial__________________ 10. Tenant shall neither hold, nor attempt to hold, Landlord, Landlord’s agents, Manager, Manager’s agents, contractors or employees liable for any injury, damage, claims or loss to persons or property occasioned by any accident, condition or casualty to, upon, or about the premises or any other part of the property, unless such accident, condition or casualty is caused by intentional or reckless acts or omission of the Landlord or Manager. 11. Tenant agrees to pay Landlord’s reasonable legal expenses, including attorney’s fees and court costs, in the event legal action is required to enforce any part of this agreement, including any fees incurred for eviction, forceable entry and/or collection proceedings. 12. Tenant hereby agrees that Tenant’s personal property left on the premises more than 7 days after Tenant has vacated the premises shall be deemed abandoned by Tenant and Landlord/Manager may dispose of the same in such a manner as Landlord/Manager deems appropriate and Tenant shall have no recourse. Tenant shall also be responsible for all costs of removal of personal property, damages to the leased premises, cleaning of the premises, and all unpaid utility bills up to the date Tenant has completely vacated the leased premises, including removal of Tenant’s personal property. 13. If the leased property is FOR SALE at the time of executing this lease agreement, or becomes listed for sale during tenancy, Ponderosa Realty & Management, Inc., or listing Realtor, will try to contact Tenant to notify them of all showings. If Tenant cannot be contacted Tenant hereby agrees that Manager and/or Realtor will only be required to knock before entry. Tenant agrees to maintain the premises in a clean, sanitary and Page 14 Initial________ presentable manner at all times. Pets (if allowed) are not to interfere with any showings. Tenant also agrees to allow the posting of FOR RENT or FOR SALE signs as deemed necessary by Landlord or Manager. 14. No smoking, vaping, or similar is permitted in home or on premises. 15. Tenant shall neither consume or permit to be consumed any marijuana, medical or otherwise. Nor shall any marijuana growing or sales operations be allowed. 16. No satellite dish may be secured to the roof. Manager must approve any installation of a satellite dish. 17. The “Disclosure of Information on Lead-Based Paint and Lead-Based Hazards” form attached to this Lease is an integral part of the Lease and this Lease is not valid without a completed warning and disclosure statement attached, which must be properly initialed in the space marked “Lessee’s Acknowledgement”, for any home built before 1978. 18. Tenant further agrees that any services not designated to the Manager, will be Tenant’s responsibility (e.g., snow plowing and pest control). 19. GENERAL PROVISIONS. This agreement shall be binding on all heirs, assigns, and executors of the parties. It is agreed that Tenant shall be responsible for any attorney's fees and court cost incurred pursuant to the collection of delinquent rent or to enforce any obligation of the Tenant created hereunder. 20. Notwithstanding any other provision of this agreement, all financial obligations of the Tenant shall be contingent on budgeting, appropriation, and specific availability of funds. Nothing in this agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the Tenant’s credit, or a payment guarantee by the Tenant. Tenant hereby agrees that Tenant shall comply with all terms, conditions and provisions of the covenants as set forth in this Lease Agreement. ________________________________ _______________________________ Town of Estes Park date: Tenant date: Wendy Koenig, Mayor _______________________________ By: ____________________________ Phone # Ponderosa Realty & Management, Inc. Manager _______________________________ _______________________________ Mailing Address # of Keys issued: _________; # of garage door openers: N/A; Check-in Sheet _____ Lead-based Paint Disclosure & Pamphlet N/A Prorated rent for partial month will be for N/A days @ $ N/A per day, totaling $ N/A. Page 15 Pondero$a Realty & Management l75l N Lake Ave Bstes Park, CO 80517 Phoner (9?01 586-6500 Fax: {970} 577-1299 The printed portions of thie forrr, excqr differcntiated additious, havc becn approved by the Colorado Real Estate Cqnmission. {BDT20-5-09) {Mandatoly 7 -W) DIFTERENTBROKERACE RELAtrIONSIIIH ARE AVI,ILABLE WHICE INCLUDEI,ANTDLORD AGENCEIENAITIT AGENCY ON TNANSACTION.BROIGRAGE. BROKERAGE I}ISCLOSURE TO TENANT DEFIMTIONS OF WORKING RELATIONSHIPS For lnrposes of this document, landlord includes sublandlord aad rcnant includes subtenant. Landlord's Agenh A landlord's agent works solely on behalf of the landlord to promote the interests of the landlord with the usnost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the landlord. The landlord's agent must disclose to potential tenants all adverse material facts actually known by the landlord's agent about the properry. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the landlord. Tematt* Ageat: A tenarrt'$ ageflt works solely on behalf of the tenant to ptomote the interests of the tenant with the utmost good faith, loyalty and fideliry. Tho agent negotiates on behalf of and acts as an advocate for tlre tenant. The tenant's agent must disclose to poteotial landlords all adverse material facts actually known by the tenant's agent, including the tenant's financial ability to perform the terms of the transaction and, if a residential property, whether the tenant intends to occupy the property. A separate written tenant agency agreement is required which sets forth the duties and obligations of the b,roker and the tenant. Thansacfion-Broker: A transaction-broker assists the tenant or landlord or both throughout a real estate transaction by perfomring terms of any written or oral agreement, fully inforrning the parties, presenting all offers and assisting the parties with any contracts, including the closiag of the transaction, without being an agent or advocate for any of the partios. A trausaction-broker must use reasonable skill aud care iu the perfomrance of any oral or written agreement, and must make the same disclosures as ageots about all adverse material facts actually krourn by the transaction-broker concerning a property or a tenant's financial ability to perfum the terms of a transaction and, if a residential propcrty, whcther the tsnant intends to occupy the property. No written agreement is required, Customcr: A crutonrer is a party to a real estate eansactiou wi& whom thebrokerhasnobrokeragerelatiooSip because such party has not engaged or employed the broker, either as the parfy's agent or as the party's transaction-broker, RELATIONSIIIP BETWEBN BROKER AND TENANT Broker and Tenant referenced below have NOT entered into a tenant agency agre€ment. The working relatiouship specified below is fu a spocific property described as: or real estate which substantially meets the following requirements: t]r -Tr"^ ?, Tenant understands that Tenant shall not be liable for Broker's aets or omissions that have not been approved, dirccted, or ratified by Tenant. CHECKONEBOXONI.Y: E Mdtiple-Person Firm. Broker, referenced below, is designated by Brokerage Firm to serye as Broker- trf more than one individual is so designated, then references in this document to Broker shall include all persons so designated, including substitute or additional brokers. The brokerage relationship exists orly with Broker and does not extend to the employing broker, Brokerage Firm or to any o&er brokers employed or engaged by Brokerage Firm who are not so designated. BDT20.5-09BROKERAGE DISCLOSURE TO TENANT ll7n}fi 11:04 Page 1 sf 2 Attachment 3 Page 16 n One-Ferson Firm. If Broker is a real estate brokerage firm with only one licensed oatural person, then any references to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as Broker. CIIECK ONE BOX ONLY: B Customer. Broker is the landlord's agent and Tenant is a customer. Broker is not the agent ofTenant. Broker, as landlord's agent, intends to perform the following list of tasks: El Show a property El Prcpare and Convey written offers, counteroffers and agreements to amend or extend the lease. D Customer for Broker's Listings - Ibansacdon.Brokerage for Other Properties. When Broker is the landlord's agent, Tenant is a customer. WhEn Broker is not the landlord's agent, Broker is a transaction-broker assisting in the transaction. Broker is not the ageflt ofTo[ant. E Trarsscdon-Brokerage Only. Broker is a transaction-broker assisting in the transaction. Broker is not the agent ofTenant. ff Broker is acting as a transaction-broker, Tenant consents to Broker's disclosure of Tenant's confldential information to the supervising broker or designee for the purpose ofproper supervision, provided such supervising broker or designee shall not furfher disclose such informatioa without consent of Tenant, or use such information to the detriment of Tenant. THIS IS NOT A CONTRACT. If this is a residential ftansaction, the following provision shall apply: MEGAN'S L,AY[: If the presence of a registered sex offender is a matter of concern to Tenant, Tenant understands that Tetrant must contact local law enforcement ofEcials regarding obtaining such in{ormation. TENANT ACKNOIVLEDGEMENT: Tenant acknowledges receipt of this document on -. Tenant Ten.aut B ROKER ACKNOSTLEDGEMENT: On eh{ps . Broker provided 7ou^ Dl fs*s 8,A (Tenan[) with this docum€nt via P rwE;\ and retained a copy for Broker's records. Brokerage Firm's Name: Ponderosa Real,ty & lttanagement , Inc Broker Broker BDT2&5-09 BROKERAGE DISCLOSURE TO TENANT tl7AAfi 11:04 Page 2 of 2 Page 17       Page 18 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Suzanna Simpson, Management Analyst Date: August 22, 2023 RE: Resolution 72-23 Memorandum of Understanding with the Estes Park Sister Cities Association Regarding Roles and Responsibilities (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approve the Memorandum of Understanding between the Town of Estes Park and the Estes Park Sister Cities Association. Present Situation: An agreement between Estes Park and Monteverde for participation in the Sister Cities program was signed by the Mayors of each municipality and entered into on February 23, 2004. The Estes Park Sister Cities Association is responsible for the implementation of Sister City activities and programs with support from the Town of Estes Park. Proposal: The Memorandum of Understanding between the Town of Estes Park and The Estes Park Sister Cities Association provides documented background on the Sister Cities program and the relationship between the Town of Estes Park and Estes Park Sister Cities Association, as well as outlining the roles and responsibilities of each entity, and the terms of agreement including notice, governmental immunity, and termination. Advantages: The Memorandum of Understanding would establish and delineate the responsibilities and understandings between the Town of Estes Park and the Estes Park Sister Cities Association. Disadvantages: None. Action Recommended: Staff recommends approval of the Memorandum of Understanding. Page 19 Finance/Resource Impact: The Town will pay the annual dues required to maintain this relationship, not to exceed $500 annually, from account 101-1100-411.27-05. Level of Public Interest Low Sample Motion: I move for the approval of Resolution 72-23. Attachments: 1.Resolution 72-23 2.Memorandum of Understanding between the Town of Estes Park and Estes Park Sister Cities Association Page 20 RESOLUTION 72-23 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE ESTES PARK SISTER CITIES ASSOCIATION REGARDING ROLES AND RESPONSIBILITIES WHEREAS, the Town Board wishes to enter the memorandum of understanding referenced in the title of this resolution for the purpose of memorializing shared responsibilities and understandings with the Estes Park Sister Cities Association. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: ________________ Town Attorney Attachment 1 Page 21 Memorandum of Understanding The Town of Estes Park and The Estes Park Sister Cities Association, Inc. This Memorandum of Understanding (MOU) is effective this ____ day of ____________, 2023, by and between the Town of Estes Park (the “Town”), a municipal corporation, and the Estes Park Sister Cities Association (“EPSCA”), a Colorado non-profit corporation. 1.Background Resolution 5-04, passed by the Town Board of Trustees on February 10, 2004, established the Town’s desire and intent to enter into a Sister City relationship with Monteverde, Costa Rica. The resolution also stipulated that the implementation of Sister City activities and programs would be the responsibility of the Estes Park Sister Cities Association, Inc. An agreement between Estes Park and Monteverde, signed by the Mayors of each municipality, was subsequently entered into on February 23, 2004. 2.Purpose This MOU establishes and delineates the responsibilities and understandings between the Town and EPSCA. 3.The Town’s Role and Responsibilities a.The Town will provide the following support for EPSCA: i.The Town will maintain the formal Sister Cities agreement with our established Sister City, Monteverde, Costa Rica. 1.The Town will pay the annual dues required to maintain this relationship, not to exceed $500 annually. ii.The Town will provide use of meeting room space and EPSCA’s mission- appropriate activities, based on availability, at no cost to EPSCA. iii.The Town will provide an opportunity, on an annual basis, for EPSCA to apply for funding through its Community Initiative Funding process or a successor process, so long as such a process continues in existence. All funding is subject to approval by the Town Board of Trustees. b.The Board of Trustees’ appointed liaison to the EPSCA Board will attend EPSCA Board meetings and report back to the Board of Trustees as appropriate. 4.EPSCA’s Role and Responsibilities a.The implementation of all Sister Cities activities and programs is solely the responsibility of EPSCA. b.EPSCA’s objectives are: Attachment 2 Page 22 i. To encourage the people of the Town of Estes Park and Larimer County and the people of cities of foreign nations to acquire a consciousness of each other, to understand one another as individuals, as members of their community, as citizens of their country, and as a part of the family of nations. ii. To foster, as a consequence of such knowledge and consciousness, a continuing relationship of mutual concerns between the people of the Town of Estes Park and Larimer County and people of similar cities of foreign nations. iii. To undertake activities and programs that will provide to one another appropriate aid, comfort, education and mutual understanding of culture and economics. iv. To participate as an organization in the promoting, fostering and publicizing of local, state and national programs of international cooperation. v. To act as a coordinating body, committee, or agency among those organizations, groups, and individuals desiring to engage in the activities of such international municipal cooperating organizations. vi. The Association has such powers as are now or may hereafter be granted by the Nonprofit Corporation Act of the State of Colorado. 5. Notice When any of the parties desire to give notice to the other, such notice must be in writing sent by email addressed to the party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice. For the present, the parties designate the following as the respective places for giving notices: To EPSCA: P.O. Box 2027 Estes Park, CO 80517 To TOWN: P.O. Box 1200 170 MacGregor Ave., #150 Estes Park, CO 80517 6. Governmental Immunity The parties understand and agree that the Town is relying on and does not waive, by any provision of this MOU, the monetary limitations, terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the Town or any of its officers, agents or employees. 7. Term of Agreement and Termination Page 23 This Agreement shall be made effective at the date and year written above subject to approval by both parties. The agreement shall continue in effect until terminated by wither party. Either party may terminate this agreement by serving written notice upon the other party at least thirty (30) days in advance of such termination. 8. Entire Agreement This MOU embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this MOU supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. This MOU may not be modified or amended except by written agreement of the parties. 9. Financial Obligations This MOU does not create a multiple fiscal year direct or indirect debt or other financial obligation. All financial obligations of the Town under this MOU are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Town of Estes Park Estes Park Sister Cities Association, Inc. ___________________________________ ____________________________________ By: Wendy Koenig, Mayor By: ATTEST: Town Clerk APPROVED AS TO FORM: ________________ Town Attorney Page 24 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jacqui Wesley, Project Manager-Acting Water Superintendent; R. Bergsten, Utilities Director Date: August 22, 2023 RE: Resolution 78-23, Authorizing Additional Expenditures under an On-Call Contract with Advanced Engineering and Environmental Services, LLC for Professional Services Related to Town Water System Infrastructure, Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Efficient use of customer revenues by outsourcing work to subject matter expert consults and requesting authorization to increase the total task order upper limit from $100,000 to $250,000 with the consulting firm Advanced Engineering and Environmental Services, LLC (AE2S). Present Situation: POLICY 601, Spending Authority & Limits, requires Town Board’s approval for expenditures over $100,000. The anticipated combined total expenditures with AE2S will exceed this limit. In September 2022, the Town approved 5-year contracts for water system on-call engineering firms using a task order process. AE2S was selected for three of the nine on-call categories - Water Distribution System, Water Treatment Process, and Water System Master Planning. The Town has issued three task orders to AE2S totaling $68,127: Task Order Description of services Task Order Amount 1 Demand Allocation for water system model $17,046.00 2 Existing Water Distribution System Water Model Scenarios $26,469.00 3 Treatment system Evaluation and Optimization $24,612.00 Total $68,127.00 Page 25 AE2S work has been timely and high-quality. We request approval to increase the total task order upper limit from $100,000 to $250,000. This increase allows the Water Division to continue critical work with AE2S, including the following anticipated task orders: •Hydraulic modeling analysis of line breaks to support project selection and prioritization; •Optimization of Marys Lake Water Treatment Plant performance; •Turbidity analysis and CDPHE reporting for Marys Lake Water Plant; •Support to identify funding sources and prepare the necessary funding applications for water system improvements; and •Consolidation of technical memorandums to update the 2015 water master plan. Proposal: We propose the Town Board authorize 2023 AE2S expenditures up to $250,000. Advantages: •Allows for the Water Division to continue working with subject matter expert AE2S . Disadvantages: •None Action Recommended: Approve the Resolution authorizing additional expenditures with AE2S Finance/Resource Impact: Current Budget is adequate to cover up to $250,000 with AE2S: 2023 Budgeted funds available, $553,849 Account Number Unencumbered Balance as of 7-24-2023 503-6500-560.22-02 $317,914 503-7000-580.35-62 $186,537 Level of Public Interest Low Sample Motion: This item is on consent. If it is removed from consent the following sample motion can be made by any Trustee agreeing with the resolution: I move to approve Resolution 78-23. Attachments: 1.Resolution 78-23 2.Resolution 76-22 3.On-Call Contract for Professional Services Page 26 RESOLUTION 78-23 A RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES UNDER AN ON- CALL CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC FOR PROFESSIONAL SERVICES RELATED TO TOWN WATER SYSTEM INFRASTRUCTURE WHEREAS, Resolution 76-22 approved several on-call professional services contracts for water system infrastructure upgrades, including one with Advanced Engineering and Environmental Services, LLC (“Contract”); and WHEREAS, the Town entered the Contract on September 28, 2022; and WHEREAS, Resolution 76-22 required approval of the Board of Trustees for any expenditures under the Contract exceeding staff spending authority in any given year; and WHEREAS, the Board of Trustees desires to approve additional spending under the Contract in 2023. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board authorizes the Town Administrator to spend up to a total of $250,000 in 2023 under the Contract. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 27 Attachment 2 Page 28 Attachment 3 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Town Board Meeting August 22, 2023 Board of Directors Bob Leavitt, President Rachel Ames, Vice President Celeste Fraser, Secretary Dawn James, Treasurer Jennifer Waters Andy Ames Frank Lancaster Ashley Unger Contract Staff Wilynn Formeller, Development & Program Coordinator Evan Jones, Contractor Mission Our mission is to bring together local, state, and federal partners to collaborate on projects that support the water, forests, and wildlife of the Estes Valley. Vision We envision a healthy watershed that is resilient to extreme events, sustains diverse habitats for flora and fauna, and enhances the quality of life for our community. Page 41 Unique Alliance With Town &County Broad Collaboration Comprehensive Plan Support updating of the 2008 Wildlife Habitat Assessment Consulting on environmental development code changes Reserved funding of $1,861 to support wildlife study and outreach FutureDisaster Recovery Our services would be identified and activated by the Town and County when needed We see our role as enhancing forest and stream resilience Performing wildfire and stream mitigation activities prior to potential disasters Post-disaster restoration and recovery processes for forests and streams. EVWC is the only non-profit in the Estes Valley that addresses our total environment. Water Forest - Wildife Funding &Results Revenue In Kind Estes Valley Fire Protection District Bureau of Land Management Colorado Water Conservation Board Northern Water Larimer County Open Lands Operating Expense 2023 Project Funding Organizations Waste Management CEMEX Fly Fishers Intern'l Memberships Private Donors Maximizing Our Return On Investment 2023 YTD June 2022 Actuals Project Expense $165K $35K $33K $81K $196K $47K $36K $173K Page 42 2022 2023 Project Snap-Shot Giving Back To Our Community Wildfire & Environmental Education Outreach Fish Creek at Cheley Camp Watershed Restoration and Wildlife Protection Monitoring & Maintenance Watershed Restoration Fish Creek Reach 4 Riparian Planting Watershed Restoration Lake Estes Fishing Line Clean-up Watershed and Wildlife Protection Trash Pick-up Volunteer Events Watershed Protection Estes Valley CWPP Update Wildfire Preparedness Estes Valley Fire Protection District WiRe Project Wildfire Preparedness NOCO Fireshed Collaborative Wildfire Outreach Thunder Mountain Fuel Reduction Wildfire Preparedness Wildfire Ready Watershed Actin Plan Wildfire Preparedness and Watershed Health Marys Lake Forest Health Wildfire Preparedness Community Wildfire Mitigation / Fuel Removal Project Wildfire Preparedness Elk Embassadors Calving/Rut Season Wildlife Outreach Community Bear Aware Signage Wildlife Outreach EP Middle School Environmental Sign Project Wildlife Outreach Funding &Results Investing In Our Surrounding Ecosystem Page 43 Funding &Results Providing Our Community With Tools & Knowledge Funding &Results Community Helping Their Community Page 44 We are pleased to work with Appendix 2023 Project Overviews Page 45 Estes Valley CWPP Update Wildfire Preparedness The CWPP update was completed and signed in August 2022. EVWC is now working with EV Fire Protection to coordinate a communication hub that will provide visitors and residents easy access to information about the CWPP, fuel reduction efforts, and state/local wildfire information documents. NOCO FireshedCollaborative Wildfire Outreach Living With Fire outreach video completed. The Town and EVWC completed the power line mitigation flyer and distributed to the EV community. Waste Management partnership to support wildfire mitigation efforts beginning July and ending in December with donated roll-off dumpsters to collect of slash, pinecones, and pine needles. Estes Valley Fire Protection District Project Wildfire Preparedness EVWC is partnering with the EVFPD to provide a rapid risk assessment for roughly 1700 individual addresses in the Estes Valley. Surveys were also be sent to homeowners so that results between the two will be compared by scientists. This will help us understand any communication gaps with wildfire education efforts and support targeted outreach. Wildlife and Environmental Education and Outreach EVWC is working to share information and education with residents and visitors through monthly talks, volunteer elk patrols during elk calving and rut season, bear aware signage downtown, climate change events, and wildlife projects such as fishing line collection, bluebird box builds, and working with the EP Middle School Environmental Club. 2023 Funding Year Project Update Continued Project Description Thunder Mountain Fuel Reduction Wildfire Preparedness The project will connect wildfire mitigation work that is happening in RMNP and will help protect private property, water infrastructure, and help reduce the risk of catastrophic wildfire in a high-risk area. EVWC is collaborating with RMNP, EVFPD, CSFS, Larimer County, LCD, and landowners. The forest inventory was completed in July 2023. Wildfire Ready Watershed Action Plan Wildfire Preparedness and Watershed Health The Action Plan will be a guide for best planning practices in advance of a wildfire and will also support post-fire mitigation strategies. This includes guidance on data collection and GIS preparedness, permitting and compliance, stakeholder development, hazard analysis and evaluations, engineering, as well as pre- and post-fire management actions. The plan is expected to be complete Summer 2024. Fish Creek at Cheley Camp Watershed Restoration This project was designed to expand on the 2018 efforts to restore the Cheley beaver meadow. EVWC has been working on an adaptive management approach that incorporates prior CSU findings and continues monitoring geomorphic and hydrologic responses to SBS, with specific focus on wildfire resilience associated with beaver modified landscapes. The first phase is complete in October 2023. Post project monitoring begins in the Fall of 2023. 2023 Funding Year Project Update Continued Project Description Page 46 Page 47 EVWC 2023 Capacity & Project Budget January - December 2023 Total Capacity Budget Reserved Project Budget Revenue Total Foundations & Non-Proft Income $ 46,680.00 $ 98,640.62 Individual Donations - Project Reserved 0.00 11,500.00 Individual Donations - Capacity 3,000.00 0.00 WWS Memberships 600.00 0.00 Total Revenue $ 50,280.00 $ 110,140.62 Gross Profit $ 50,280.00 $ 110,140.62 Expenditures Accounting Fees 3,000.00 0.00 Advertising & Marketing 980.00 0.00 Bank Charges & Fees 10.00 0.00 Board Development 120.00 0.00 Insurance 2,964.00 0.00 Legal & Professional Services 475.00 0.00 Licenses, Permits & Fees 20.00 0.00 Meals & Entertainment 249.00 0.00 Office Supplies & Software 1,832.00 0.00 Total Outside Labor (Operating Contract Labor) 32,000.00 0.00 Postage & Delivery 126.00 0.00 Printing & Copying 60.00 0.00 Project Expense Atlas Adventure @ Fall River 0.00 0.00 BOR FC @ Cheley 0.00 476.02 Comm Wildfire Defense Grant - NW 0.00 7,354.38 CWCB Grant FC @ Cheley A/P 0.00 2,332.75 CWCB Grant UBT ( POGG1,PDAA,202100002) 0.00 0.00 CWPP & WiRe Project Expense 0.00 391.00 EVWC Match FC @ Cheley 0.00 17,273.31 Fish Creek Riparian Planting Reach 4 0.00 1,218.14 Larimer Conservation District 0.00 900.50 Marys Lake Forest Health 0.00 42,990.53 Misc Water/Forest Projects 0.00 4,653.88 N.Water - E Portal / Lily Lake (3473-0-TASK)0.00 2,249.00 WWS Programs 0.00 259.00 Total Project Expense 186.00 80,098.51 Rent & Lease 138.00 0.00 Rent - Office 7,224.00 0.00 Rent - Storage 858.00 0.00 Telephone 350.00 0.00 Website Dev & Maint 75.00 0.00 Total Expenditures $ 50,481.00 $ 80,098.51 Net Operating Revenue -$ 201.00 $ 30,042.11 Other Expenditures $ 0.00 $ 0.00 Net Revenue -$ 201.00 $ 30,042.11 Note: Preliminary 2024 Budget indicating a 12% increase over 2023 Budget Attachment 1 Page 48 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 22, 2023 RE: Resolution 73-23 New Hotel & Restaurant Liquor License Application for Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant, 247 W. Elkhorn Avenue, 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 247 W. Elkhorn Avenue, Estes Park, Colorado. Application filed by Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant. Present Situation: An application for a new concurrent Hotel & Restaurant liquor license was received by the Town Clerk’s office on July 21, 2023. 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. It is worth noting the Board approved a new liquor license for this location on May 9, 2023. The licensee surrendered the liquor license on July 18, 2023. This location has been a restaurant over the years and maintained a liquor license to serve its customers. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate both licenses they own as soon as possible. Proposal: Town Board review and consideration of the application for a new Hotel & Restaurant liquor license. Page 49 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 operate a liquor license establishment. Action Recommended: Approval of the application for a new Hotel & Restaurant liquor license. Finance/Resources 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 that Resolution 73-23 be approved/denied for a new Hotel & Restaurant liquor license for Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant, 247 W. Elkhorn Avenue, Estes Park, Colorado. Attachments: 1. Procedure for Hearing 2. Resolution 73-23 3. Application, Diagram, Individual History 4. Police Report Page 50 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant for a new Hotel & Restaurant Liquor License located at 247 W. Elkhorn Avenue, 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 July 21, 2023.  At a meeting of the Board of Trustees on August 8, 2023, the public hearing was set for 7:00 p.m. on Tuesday, August 22, 2023.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Corporation (LLC).  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use. Attachment 1 Page 51 2  The notice of hearing was published on August 11, 2023 .  The premises was posted on August 11, 2023 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: Unscheduled X 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 73-23 be approved/denied for a new Hotel & Restaurant liquor license for Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant, 247 W. Elkhorn Avenue, Estes Park, Colorado. Page 52 RESOLUTION 73-23 A RESOLUTION APPROVING A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR TWISTED GRIFFIN PUB & RESTAURANT LLC DBA TWISTED GRIFFIN PUB & RESTAURANT, 247 W. ELKHORN AVENUE, ESTES PARK, COLORADO 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 August 22, 2023 for a New Hotel & Restaurant Liquor License, filed by Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority to 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 & Restaurant Liquor License, filed Twisted Griffin Pub & Restaurant LLC dba Twisted Griffin Pub & Restaurant, Estes Park, Colorado is hereby approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 Page 53 Attachment 3 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Attachment 4 Page 65       Page 66 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Kara Washam, Planner I Date: August 22, 2023 RE: Continuance Request for Resolution 74-23 Amended Plat, 13th Fairway Subdivision, 1700 Brodie Avenue, Presbyterian Community Church of the Rockies, Michael Moon Owner/Applicant. Staff requests that Resolution 74-23 Amended Plat, 13th Fairway Subdivision, 1700 Brodie Avenue, Presbyterian Community Church of the Rockies be continued to the September 26, 2023 Town Board Hearing. Page 67       Page 68 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 2.A. RESOLUTION 75-23 AMENDED PLAT, PEACEFUL PINES AND KIDWELL ADD SUBDIVISIONS, 500 & 520 PINEWOOD LANE, PINEWOOD LANE LLC/KIDWELL INVESTMENTS LTD OWNERS/APPLICANTS.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT .  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL.  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 69 2 6. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 70 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Kara Washam, Planner I Date: August 22, 2023 RE: Resolution 75-23 Amended Plat, Peaceful Pines and Kidwell ADD Subdivisions, 500 & 520 Pinewood Lane, Pinewood Lane LLC/Kidwell Investments LTD Owners/Applicants (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for the Jurgens-Kidwell Pinewood Lane Amended Plat, adjust the boundary line of the properties to rectify existing encroachment issues dedicate additional right-of-way, review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the item. Present Situation: The subject properties are addressed 500 and 520 Pinewood Lane and are located within the Peaceful Pines and Kidwell Addition subdivisions, respectively. 500 Pinewood Lane is 2.3 acres and is zoned E-1 (Estate). The property consists of two (2) existing residential structures. The primary dwelling unit is used by the Applicant, and the 572- square foot accessory dwelling unit (ADU) includes a living room with a small kitchenette consisting of a sink, refrigerator, and microwave/convection oven; a 3/4 bathroom, and one bedroom. The ADU is currently rented as a long-term rental, and when not rented is used to provide guest quarters for family members of the property owners who reside next door. The Development Code prohibits ADUs from being used as vacation homes. 520 Pinewood Lane is 3.3 acres and is zoned E-1 (Estate). The property consists of one (1) existing single-family dwelling. No new development is proposed on either property at this time. Page 71 500 Pinewood Lane was recently purchased with an Improvement Location Certificate (ILC) denoting encroachments by both properties, including the fence bordering the properties and driveway access. The subject properties belong to separate subdivisions and have inconsistent right-of-way radii dedicated along the cul-de-sac. Proposal: The Applicant is seeking approval of the Jurgens-Kidwell Pinewood Lane Amended Plat. The approved and recorded amended plat will adjust the boundary line between the two properties, rectify the existing fence encroachment and driveway access encroachment, and dedicate additional right-of-way, creating consistent radii in the cul- de-sac. Location and Context: The subject properties are located in Peaceful Pines and Kidwell ADD Subdivisions, 1,100 feet west of the intersection of Pinewood Lane and South Saint Vrain Avenue. Vicinity Map *Subject Properties Page 72 Zoning Map *Subject Properties Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Suburban Estate E-1 (Estate ) Residential North Suburban Estate E-1 (Estate) Residential South Suburban Estate E-1 (Estate) Residential East Suburban Estate E-1 (Estate ) Residential West Suburban Estate E-1 (Estate) Residential Project Analysis Review Criteria Section 3.9.D.1.b. of the EPDC states “to qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered final subdivision plats Page 73 under subsection 3.9.C, above, and shall require a public hearing before the Town Board of Trustees.” The Jurgens-Kidwell Pinewood Lane Amended Plat application involves dedication of right-of-way and is therefore not eligible for staff-level review. The amended plat application shall follow the standard development approval process set forth in §3.2, except that Step 4 (EPPC Review and Action) shall not apply. Depending upon the project's complexity, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the criteria based on issues relevant to any particular project. Staff emphasizes this Amended Plat contains existing residential dwellings and no further development is proposed on either lot. 1. Compliance with Zoning Standards. Both subject properties meet E-1 (Estate) zoning standards and are conforming in lot size and other dimensional standards. The existing residential use of both properties is permitted by right in the EPDC. 2. Comprehensive Plan. The subject properties are designated as Suburban Estate in the Estes Forward Comprehensive Plan's Future Land Use Map. This category "is intended for low to medium density single family residential development.” The subject properties are consistent with the surrounding area and with the recommendations of the Estes Forward Comprehensive Plan. 3. Utility Standards. The Town of Estes Park currently provides water and electric service to the two proposed lots, with easements in place on the amended plat that are acceptable and approved by the Town Utilities Department. Sewer service to 520 Pinewood Lane is provided by the Upper Thompson Sanitation District (UTSD). This existing 30-foot sanitary sewer easement is adequate for the protection of the sanitary sewer main. 500 Pinewood Lane is currently on a septic system. Future connection to the UTSD sanitary sewer main will need to stay within the existing 30-foot easement. Reviewing Agency Comments: The Jurgens-Kidwell Pinewood Lane Amended Plat application was referred out for agency comments. Agency comments were received by staff, which have been addressed. There are no outstanding issues. Public Comments: A neighborhood and community meeting regarding the amended plat was held by the owners/applicants at 500 Pinewood Lane, Estes Park on July 24, 2023. In accordance with the notice requirements in the EPDC, sign posting took place on July 13, 2023, written notice was mailed to all required adjacent property owners on July 13, 2023, and written notice of the meeting was published in the Estes Park Trail-Gazette, on July 14, 2023. The meeting was well attended. No comments of disapproval were expressed by the attendees. No public comments have been received by staff. Staff Findings: Based on the foregoing, Staff finds: 1. The Board of Trustees is the Decision-Making Body for the Amended Plat. Page 74 2. Adequate public/private facilities are currently available and in place to serve the subject properties. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 4. No additional development is being proposed on either property at this time. 5. The Jurgens-Kidwell Pinewood Lane Amended Plat application is in substantial compliance with applicable standards set forth in the EPDC. Advantages: Approval of the amended plat to adjust the boundary line between the two properties will rectify existing encroachment issues and will dedicate additional right-of-way. Disadvantages: None known. Action Recommended: Staff recommends approval of Resolution 75-23. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move that the Town Board of Trustees approve Resolution 75-23. I move that the Town Board of Trustees deny Resolution 75-23, finding that [state findings for denial]. I move to continue Resolution 75-23 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution 75-23 2. Application- Jurgens 3. Application- Kidwell 4. Statement of Intent 5. Amended Plat Full Application: www.estes.org/currentapplications Page 75 RESOLUTION 75-23 A RESOLUTION APPROVING THE JURGENS-KIDWELL PINEWOOD LANE AMENDED PLAT WHEREAS, an application for the Jurgens-Kidwell Pinewood Lane Amended Plat was filed by Pinewood Lane LLC (Owner/Applicant, 500 Pinewood Lane), Kidwell Investments LTD (Owner/Applicant, 520 Pinewood Lane); and WHEREAS, the Jurgens-Kidwell Pinewood Lane Amended Plat proposes a boundary line adjustment between two lots approximately 2.3 and 3.3 acres in size, located within the E-1 (Estate) Zoning District; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on August 22, 2023 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicants have complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Jurgens-Kidwell Pinewood Lane Amended Plat is hereby approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 76 Submittal Date: ESTES PARK PLANNING DEPARTMENT APPLICATION P re-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat €3 Boundary Line Adjustment0ROWorEasementVacation O Street Name Change0RezoningPetition0AnnexationRequestoTimeExtension0cnpnifv I Condominium Map Preliminary Map O Final Map o Supplemental Map Project Name Project Description Project Address Legal Description Parcel ID # Jurgens -KidwetL Boundary Line Adjustment Amend a common property line to aLign with existing improvements 500 &520 Pinewood Lane Lot 1,PeacefuL Pines Subdivision ft AU of the Kidwett Addition 3401213001 ft 3401217001 Existing Gas Service Existing Zoning E-1 1692 Big Thompson Aye,Suite 200,Estes Park,CO 80517 Application fee Statement of intent 2 copies (folded)of plat or planlix17’reduced copy of plat or plan Please review the Estes Park Development Code Appendix B for additional submittal requirementsj,hich may include ISO calculations,drainage report,traffic impact analysis,geologic hazard miPgation\rqIort wildfire hazard mitigation report,wetlands report,and/or other additional nforrñatio --..—Ia 0000 C C0 Lot Size 5.5±acres Existing Land Use Proposed Land Use Residential Existing Water Service Area of Disturbance in Acres N/A Residential Proposed Water Service ITown 171Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service U Well U Well U U U None U None EPSD EPSD Is a sewer lift station required? U Other (specify) U Other (specify) E UTSD UTSD U Xcel U U Yes Other U UNo Septic Septic U None Site Access (if not on public street)Pinewood Lane Are there wetlands on the site? U None Proposed Zoning E1 U Yes Site staking must be completed at the time application is submitted.Complete? No Name of Primary Contact Person Jes Reetz Complete Mailing Address Primary Contact Person is U Yes fl No U Owner E U Applicant 17J Consultant/Engineer E Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org U Sign Purchase ($10) Town of Estes Pork P.O.Box 1200 ..170 MacGregor Avenue .Estes Community Development Department Phone:910)571-3121 .Fax:1970)586-0249 . Attachment 2 Page 77 Record Owner(s) Mailing Address Phone Cell Phone Fax Email Pinewood Lane LLC 418 PAWNEE LN,Estes Park,CO 80517 (970)481-6298 Contact Information APPLICATION FEES For development within the Estos Park Town limits See the fee schedule included in your application packet or view the fee schedule online at w.estes.org/plann ngforms All requests for refunds must be made in writing.All fees are due at the time of submittal. urgenssuzanne®gmait .com Applicant Pinewood Lane LLC Mailing Address 418 PAWNEE LN,Estes Park,CO 80517 Phone Cell Phone (970)481-6298 Fax Email jurgenssuzanne®gmait.com ConsultantlEngineer Cornerstone Engineering and Surveying,Inc. Mailing Address 1692 Big Thompson Aye,Suite 200, Estes Park,CO 80517 Phone 970.586.2458 Cell Phone 970.231.5579 Fax Email jreetz@ces-ccc.com MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans,Special Reviews, Rezoning.Preliminary and Final Subdivision Plats.Minor Subdivision Plats if creating a new lot,and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed.This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-1 03 CR5 have been met. Record Owner PLEASE PAINT:Pinewood Lane LLC,Suzanne Jurgens,Manager Applicant PLEASE PRINT:Pinewood Lane LLC,Suzanne Jurgens,Manager Record Owner Jt/44t4a k44.,J4_)Date May 15,2023 Applicant ..%dj4.9L4/../cc.tji’zei Date May 15,2023 Names: Signatures Revised 2020.04.23 ks Page 78 APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement!I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC,and that,prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: httø://www,estesorg/DevCode I I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete,inaccurate,or submitted after the deadline date. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void.I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASEPRINT:Pinewood Lane LLC,Suzanne Jurgens,Manager Applicant PLEASEPRINT:Pinewood Lane LLC,Suzanne Jurgens,Manager Signatures: Record Owner At444A’,/j,q,z1 Date 5/15/2023 Applicant -J&tYjtL9.JlL_.1guJt6t Date 5/15/2023 Revised 2023.0423 ks Page 79 ESTES PARK PLANNING DEPARTMENT Submittal Date: APPLICATION P re-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat 0 Boundary Line Adjustment0ROWorEasementVacationoStreetNameChangeoRezoningPetition0AnnexationRequestoTimeExtension O Other:Ple oecifv I Condominium Map o Preliminary Map O Final Map O Supplemental Map Project Name Project Description Project Address Legal Description Parcel ID # Jurgens -KidwetL Boundary Line Adjustment Amend a common property Line to aLign with existing improvements 500 ft 520 Pinewood Lane Lot 1,Peacefu Pines Subdivision ft A of the Kidwett Addition 3401213001 ft 3401217001 Name of Primary Contact Person Jes Reetz Complete Mailing Address Primary Contact Person is El Owner E Application fee Statement of intent 2 copies (folded)of p1st or plan 11”X 1711 reduced copy of plat or plan Please review the Estes Park Development Code Appendix B for additional submittal requirements1ijijch may include ISO calculations,drainage report,traffic impact analysis,geologic hazard rriitigat{n reportj wildfire hazard mitigation report,wetlands report,and/or other additional information. ‘0000000 j Residential Area ResidentiaL of Disturbance in Acres N/ALotSize5.5±acres Existing Land Use Proposed Land Use Existing Water Service ETown Proposed Water Service Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service U Xcel Existing Zoning E-1 Site Access (if not on public street) U Well U Well U U U U (specify) (specify) U None U None EPSD EPSD Yes Other Proposed U Other U OtherjUTSD 121 UTSD ENo U Zoning U Septic U Septic U None Are there wetlands on the site? None E-1 Pinewood Lane U Yes Site staking must be completed at the time application is submitted.Complete? No U Yes El No 1692 Big Thompson Aye,Suite 200, Estes Park,CO 80517 U Applicant 121 Consultant/Engineer Digital Copies of plats/plans in TIFF or PDF format emailed to plan ning©estes.org U Sign Purchase ($10) Town of Estes Park -P.O.Box 1200’s 170 MacGregor Avenue -Estes Park,\bt’\1 LU/-i Community Development Department Phone:(970)577-3721 -a Fax:(970)586-0249 -a www.est./CommufljyDeveIoppliert Attachment 3 Page 80 Record Owner(s) Kidwett Investments LTD Mailing Address 2760 AMERICAN SADDLER DR,Park City,UT 84060 Phone ___________________________________________ Cell Phone 425.901.0254 Fax N/A Email robkidwell@comcast.net Applicant Pinewood Lane LLC Mailing Address 418 PAWNEE LN,Estes Park,CO 80517 Phone Cell Phone (970)481-6298 Fax N/A Email jurgenssuzanne@gmail.com Consultant/Engineer Cornerstone Engineering and Surveying,Inc. Mailing Address 1692 Big Thompson Aye,Suite 200,Estes Park,CD 80517 Phone 970.586.2458 Cell Phone 970.231.5579 Fax Emai jreetz®ces-ccc.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing.All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans,Special Reviews, Rezoning,Preliminary and Final Subdivision Plats,Minor Subdivision Plats if creating a new lot,and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed.This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT:KIDWELL INVESTMENTS LTD,Robert L Kidwelt,Gener&Partner Applicant PLEASE PRINT’Pinewood Lane LLc,Suzanne Jurgens,Manager Signatures: Record Owner Date May 14,2023 Applicant 4dccytnate’/cx.-t4.ca.a_1 Date May 15,2023 Revised 2020.04.23 ks Contact Information Page 81 APPLICANT CERTIFICATION P I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. P In submitting the application materials and signing this application agreement,I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). P I acknowledge that have obtained or have access to the EPDC,and that!prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: http://www.estes.org/DevCode P I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. P I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete,inaccurate!or submitted after the deadline date. P I understand that a resubmittal fee will be charged if my application is incomplete. P The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. P I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. P I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void.I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT:KIDWELL INVESTMENTS LTD.Robert L Kidwell,GeneraL Partner Applicant PLEASE PRINT.Pinewood Lane LLc,Suzanne Jurgens.Manager Signatures: Record Owner C /Date May 14,2023 Applicant “3du.ya._it_#te_Jtc44.-es4J Date May 15,2023 Revised 2020.04.23 ks Page 82 May 12, 2023 Town of Estes Park Community Development P.O. Box 1200 Estes Park, Co. 80517 RE: Jurgens – Kidwell Boundary Line Adjustment -Statement of Intent Project Description The subject properties have a physical address of 500 and 520 Pinewood Lane within the Town limits of Estes Park. 500 Pinewood Lane was recently purchased with an Improvement Location Certificate denoting improvement encroachments by both properties. A fence bordering 520 Pinewood Lane encroaches into 500 Pinewood and the driveway access for 500 Pinewood Lane encroaches into 520 Pinewood. This boundary line adjustment will rectify the encroachment issues by both properties. Right-of-way The subject properties are part of two separate subdivisions with two different dimensions for the cul-de-sac. The proposed plat will dedicate additional right-of-way along the cul-de-sac to be comparable to the neighboring dedicated cul-de-sac. Utilities Sewer Main: A Sanitary Sewer easement will remain in place with easements noted from additional plats or dedication processes. No utility mains will need to be extended for the proposed sub-division. Sincerely, Cornerstone Engineering & Surveying, Inc. Jes Reetz Planner Attachment 4 Page 83 GARAGE SEPTIC ASPHALT PRIV A T E D R I V E 81.5' PINEWOOD L N S68 ° 0 6 ' 2 7 " E 2 2 8 . 8 7 ' ( D ) N 0 8 ° 4 7 ' E 5 0 7 . 7 8 ' ( D ) N0 8 ° 4 3 ' 3 7 " E 5 0 8 . 1 0 ' ( C ) N 6 8 ° 0 5 ' W 3 2 4 . 1 0 ' ( D ) N 82°20'52" W 2 4 0 . 7 9 ' N84°34'06"E 163.83 ( D ) N 84°03'23" E 164.3 8 ' ( M ) S72° 0 0 ' 0 0 " E 1 0 4 . 8 1 ( D ) S 72 ° 1 5 ' 0 4 " E 1 0 4 . 6 0 ' ( M ) CH=S 55°34'11" E (D) 38.18' (D) R=50.00' (D) L=39.17' (D) Δ=44°53'22" (D) N0 0 ° 0 2 ' 3 4 " W 3 3 7 . 7 7 ' ( D ) ( M ) N1 1 ° 5 9 ' 0 8 " E 3 9 3 . 2 1 ' ( P ) ( M ) CH=S 53°39'40" E 38.94' R=50.00' L=40.00' Δ=45°50'18" 30' SEWER EASEMENT BK. 2111 PG. 1354 04/20/1981 10' UTILITY EASEMENT BK. 1758 PG. 972 03/30/1977 20' UTILITY EASEMENT BK. 1758 PG. 972 03/30/1977 10' SEWER EASEMENT BK. 1589 PG. 344 02/13/1974 5.00 SET #5 REBAR PLS No. 37946 FOUND #4 REBAR PLS No. 9485 FOUND #4 REBAR PLS No. 9485 SET #5 REBAR PLS No. 37946 N1 6 ° 1 4 ' 0 8 " E 4 1 7 . 5 0 ' FOUND #5 REBAR W/ YELLOW PLASTIC CAP PLS No. 20673 SET #5 REBAR PLS No. 37946 FOUND #4 REBAR W/ YELLOW PLASTIC CAP PLS No. 9485 FOUND BENT #4 REBAR FOUND #4 REBAR N 6 8 ° 1 5 ' W 4 9 7 . 5 9 ' ( M ) FORMER LOT 1 PEACEFUL PINE SUBDIVISION 100,288± SF 2.302± AC. LOT 2 99,899± SF 2.293± AC. PUBLIC RIGHT-OF-WAY DEDICATED WITH THIS PLAT FORMER ALL OF THE KIDWELL ADDITION TO THE TOWN OF ESTES PARK 142,405± SF 3.269± AC. LOT 1 141,874± SF 3.257± AC. EXISTING RESIDENCE EXISTING RESIDENCE EXISTING RESIDENCE FOUND #4 REBAR SET #5 REBAR PLS No. 37946 CH=S 54°55'51" W 53.72' R=50.00' L=56.71' Δ=64°59'06" SET #5 REBAR PLS No. 37946 S 6 8 ° 1 5 ' 0 0 " E 2 1 3 . 3 2 ' N 82°15' W 2 6 4 . 7 3 ' ( D ) SET #5 REBAR PLS No. 37946 S 6 8 ° 1 5 ' 0 0 " E 3 3 9 . 6 5 ' SHED FOUND# 4 REBAR PLS 9485N89°41'09"W 528.81 10' UTILITY EASEMENT REC #19910062605 12/11/1991 24.5' 25.1' 30' PUBLIC RIGHT-OF-WAY LOT 1, THOMPSON'S PINEWOOD ACRES RESUBDIVISION LOT 3, THOMPSON'S PINEWOOD ACRES RESUBDIVISION LOT 3, THOMPSON'S PINEWOOD ACRES RESUBDIVISION 10' UTILITY EASEMENT REC #19910062605 12/11/1991 LOT 3 APACHE ACRES SUBDIVISION LOT 2 PEACEFUL PINE SUBDIVISION LOT 3 PEACEFUL PINE SUBDIVISION FORMER PROPERTY LINE VACATED BY THIS PLAT PROPERTY LINE CREATED BY THIS PLAT OUTLOT A APACHE ACRES SUBDIVISION APPROXIMATE LEACHING FIELD LOCATION ASPHALT ASPHALT OUTLOT B PAWNEE MEADOW SUBDIVISION LOT 3 PAWNEE MEADOW SUBDIVISION CH=N 69°45' E 31.94' R=30.00' L=33.68' Δ=64°20' 10' UTILITY EASEMENT (DEDICATED WITH THIS PLAT) SUBJECT PROPERTY SO U T H S A I N T V R A I N A V E (A K A H W Y N o . 7 ) PINEWOOD LN. TO ALL E N S P A R K TO E S T E S P A R K PEAK VIEW D R . SUBJECT PROPERTY LINE ABANDONED PROPERTY LINE EASEMENT AS NOTED FOUND MONUMENTATION AS SHOWN SET #5 REBAR W/ ALUMINUM CAP PLS#37946 EXISTING FENCE EXISTING SEWER MAIN EXISTING UTSD MANHOLE DENOTES "PLATTED" DIMENSION DENOTES "MEASURED" DIMENSION (D) (M) DENOTES "CALCULATED" DIMENSION(C) 40 SCALE 1" = 40' 0 40 80 120 VICINITY MAP SCALE 1"=1000' I, JEAN A. DAOUD OF AZIMUTH SURVEYING, INC, A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE JURGENS-KIDWELL AMENDED PLAT, TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION. REG. LAND SURVEYOR #37946 APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S. AS AMENDED. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. NOTICE OF APPROVAL: SURVEYOR'S CERTIFICATE APPROVED BY THE TOWN ENGINEER OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 2023 A.D. TOWN ENGINEER TOWN ENGINEER TOWN CLERK APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ON THE _____ DAY OF __________, 2023. BOARD OF TRUSTEES' CERTIFICATE LEGEND MAYOR JURGENS-KIDWELL AMENDED PLAT GREGG JURGENS SHEET TITLE: BY:REVISION:DATE: CLIENT: SHEET 1 SHEET 1957.001 JOB NO.JAD DATE SCALE APPROVED BY AS SHOWN JULY 2023 JLR JLR JAD DRAWN BY CHECKED BY DESIGNED BY PROJECT TITLE: 2023 CORNERSTONE ENGINEERING & SURVEYING, INC. COPYRIGHT - ALL RIGHTS RESERVED 1692 BIG THOMPSON AVE. SUITE 200 ESTES PARK, CO 80517 PH: (970) 586-2458 FAX: (970) 586-2459 JURGENS-KIDWELL AMENDED PLAT LOT 1, PEACEFUL PINES SUBDIVISION & KIDWELL ADDITION ESTES PARK, COLORADO BEING A PART OF SECTION 1, T4N, R73W OF THE 6th P.M. LARIMER COUNTY, COLORADO JLRSTAFF COMMENTS DATED 07/21/202307/31/2023 JLRTOWN ATTORNEY COMMENTS08/15/2023 BY: CERTIFICATION OF OWNERSHIP AND DEDICATION: BY: )SSCOUNTY OF LARIMER ) STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________, 2023 BY SUZANNE JURGENS AS MANAGER OF PINEWOOD LANE LLC. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC NOTARIAL CERTIFICATE GREGG JURGENS MANAGER ROBERT KIDWELL MANAGER KNOWN ALL MEN BY THESE PRESENTS THAT PINEWOOD LANE LLC & KIDWELL INVESTMENTS LTD BEING THE OWNER(S) OF THAT PART OF THE NORTHEAST 1/4, SECTION 1, TOWNSHIP 4 NORTH, RANGE 73 WEST OF THE 6th P.M., LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: LOT 1, PEACEFUL PINE SUBDIVISION OF LOT 3, DANNELS ADDITION TO THE TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO TOGETHER WITH: ALL OF THE KIDWELL ADDITION TO THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO CONTAINING 5.570 ACRES MORE OR LESS; HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED INTO LOTS TO BE KNOW AS THE JURGENS-KIDWELL AMENDED PLAT, AND DO HEREBY DEDICATE AND CONVEY TO AND FOR PUBLIC USE FOREVER HEREAFTER THE STREETS AS ARE LAID OUT AND DESIGNATED ON THIS PLAT, AND DO ALSO DEDICATE PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND FOR IRRIGATION AND DRAINAGE FACILITIES AS ARE LAID OUT AND DESIGNATED ON THIS PLAT, WITNESS OUR HANDS AND SEALS THIS _________ DAY OF _____________________________, 2023. OWNER: PINEWOOD LANE LLC OWNER: KIDWELL INVESTMENTS LTD IMAGE TAKEN FROM TOWN OF ESTES PARK DIGITAL STREET MAPPING BY: SUZANNE JURGENS MANAGER BY: ELLEN KIDWELL MANAGER )SSCOUNTY OF LARIMER ) STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________, 2023 BY GREGG JURGENS AS MANAGER OF PINEWOOD LANE LLC. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC NOTARIAL CERTIFICATE )SSCOUNTY OF LARIMER ) STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________, 2023 BY ROBERT KIDWELL AS MANAGER OF KIDWELL INVESTMENTS LTD. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC NOTARIAL CERTIFICATE )SSCOUNTY OF LARIMER ) STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF __________, 2023 BY ELLEN KIDWELL AS MANAGER OF KIDWELL INVESTMENTS LTD. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC NOTARIAL CERTIFICATE JURGENS-KIDWELL AMENDED PLAT 1) BOUNDARY LINES INDICATED ON THIS MAP ARE ADJUSTMENTS OF FORMER BOUNDARY LINES OF THE PROPERTY DEPICTED HEREON. 2) ALL DISTANCES ARE MEASURED IN US SURVEY FOOT. 3) THE PURPOSE OF THE AMENDED PLAT IS TO AMEND THE COMMON PROPERTY LINE. GENERAL NOTES: LOT 1, PEACEFUL PINES SUBDIVISION & KIDWELL ADDITION ESTES PARK, COLORADO BEING A PART OF SECTION 1, T4N, R73W OF THE 6th P.M. LARIMER COUNTY, COLORADO M: \ C E S _ J o b s \ j l r \ 5 0 0 P i n e w o o d \ 5 0 0 p i n e w o o d - p l a t . d w g , 8 / 1 5 / 2 0 2 3 1 2 : 1 0 : 3 3 P M , J L R Attachment 5 Page 84 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 2.B. RESOLUTION 76-23 AMENDED PLAT, MIRABELL AND BUENNA VISTA TERRACE SUBDIVISIONS, 249 MOUNTAIN VIEW LANE AND 225 WESTVIEW LANE, DREES/MURPHEY OWNERS/APPLICANTS.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT .  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL.  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 85 2 6. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 86 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Kara Washam, Planner I Date: August 22, 2023 RE: Resolution 76-23 Amended Plat, Mirabell and Buenna Vista Terrace Subdivisions, 249 Mountain View Lane and 225 Westview Lane, Drees/Murphey Owners/Applicants (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for the 249 Mountain View Lane Amended Plat, adjust the existing lot line shared by the two properties to create a conforming setback, review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the item. Present Situation: The subject properties are addressed 249 Mountain View Lane and 225 Westview Lane and are located within the Mirabell and Buenna Vista Terrace subdivisions, respectively. 249 Mountain View Lane is 0.26 acres and is zoned E (Estate). The property consists of one (1) existing single-family dwelling with a nonconforming setback. 225 Westview Lane is 0.66 acres and is zoned E (Estate). The property consists of one (1) existing single-family dwelling. No new development is proposed at this time. Proposal: The Applicant is seeking approval of the 249 Mountain View Lane Amended Plat. The approved and recorded amended plat will create a conforming setback for the existing single-family dwelling on 249 Mountain View Lane. The proposed lot line adjustment involves an area approximately 20’ x 70’ (1,400 s.f. or 0.03 acres). Location and Context: The subject properties are Lot 1 of Mirabell Subdivision and Lot 24 of 1st Resub of Buenna Vista Terrace, located approximately 600 feet north of Moraine Avenue. Page 87 Vicinity Map Page 88 Zoning Map Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Suburban Estate E (Estate) Residential North Suburban Estate E (Estate) Residential South Suburban Estate E (Estate) Residential East Suburban Estate E (Estate) Residential West Suburban Estate E (Estate) Residential Project Analysis Review Criteria Section 3.9.D.1.b. of the EPDC states “to qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered final subdivision plats under subsection 3.9.C, Page 89 above, and shall require a public hearing before the Town Board of Trustees.” The 249 Mountain View Lane Amended Plat application involves vacation and dedication of easements and is therefore not eligible for staff-level review. The amended plat application follows the standard development approval process set forth in §3.2 of this Chapter, except that Step 4 (EPPC Review and Action) does not apply. Depending upon the project's complexity, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the criteria based on issues relevant to any project. The Amended Plat contains existing residential dwellings and no further development is proposed on either lot. 1. Compliance with Zoning Standards. The subject property at 225 Westview Lane meets E (Estate) zoning standards and is conforming in lot size and other dimensional standards. The subject property at 249 Mountain View Lane does not meet the ½ acre minimum lot size required in E (Estate) zoning, nor does the existing structure meet setback requirements. At present, the property at 249 Mountain View Lane is 0.26 acres. The approved and recorded amended plat will increase the lot size to 0.30 acres, decreasing the degree of nonconformity and creating a compliant setback. The existing residential use of both properties is permitted by right in the EPDC. 2. Comprehensive Plan. The subject properties are designated as Suburban Estate in the Estes Forward Comprehensive Plan's Future Land Use Map. This category "is intended for low to medium density single family residential development.” The subject properties are consistent with the surrounding area and with the recommendations of the Estes Forward Comprehensive Plan. 3. Utility Standards. The Town of Estes Park currently provides water and electric service to subject properties, with easements in place on the amended plat that are acceptable and approved by the Town Utilities Department. Sewer service to the subject properties is provided by the Estes Park Sanitation District (EPSD). Reviewing Agency Comments: The application was referred out for agency comments. Agency comments were received by staff, which have been addressed, and there are no outstanding issues. Public Comments: A neighborhood and community meeting regarding the amended plat was held by Tom Shirley, POA for Stephen Murphey- Owner/Applicant, at 249 Mountain View Lane, Estes Park on August 5, 2023. In accordance with the notice requirements in the EPDC, sign posting took place on or before July 25, 2023, written notice was mailed to all required adjacent property owners on July 24, 2023, and written notice of the meeting was published in the Estes Park Trail-Gazette, on July 26, 2023. The meeting was attended by several adjacent property owners. No comments of disapproval were expressed by the attendees. No public comments have been received by staff. Staff Findings: Based on the foregoing, Staff finds: 1. The Board of Trustees is the Decision-Making Body for the Amended Plat. Page 90 2. Adequate public/private facilities are currently available and in place to serve the subject properties. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 4. No additional development is being proposed on either property at this time. 5. The 249 Mountain View Lane Amended Plat application is in substantial compliance with applicable standards set forth in the EPDC. Advantages: Approval of the amended plat to adjust the existing lot line shared by the two properties will create a conforming setback for the existing single-family dwelling on 249 Mountain View Lane. In addition, approval of the amended plat will increase the lot size of the subject property at 249 Mountain View Lane, bringing the nonconforming lot size closer to compliance. Disadvantages: None known. Action Recommended: Staff recommends approval of Resolution 76-23. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move that the Town Board of Trustees approve Resolution 76-23. I move that the Town Board of Trustees deny Resolution 76-23, finding that [state findings for denial]. I move to continue Resolution 76-23 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution 76-23 2. Application- Drees 3. Application- Murphey/Shirley (POA) 4. Statement of Intent 5. Amended Plat Full Application: www.estes.org/currentapplications Page 91 RESOLUTION 76-23 A RESOLUTION APPROVING THE 249 MOUNTAIN VIEW LANE AMENDED PLAT WHEREAS, an application for the 249 Mountain View Lane Amended Plat was filed by Stephen Murphey (Owner/Applicant, 249 Mountain View lane), Margo and Lawrence Drees (Owner/Applicant, 225 Westview Lane); and WHEREAS, the 249 Mountain View Lane Amended Plat proposes a boundary line adjustment between two lots approximately 0.26 and 0.66 acres in size, located within the E (Estate) Zoning District; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on August 22, 2023 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicants have complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The 249 Mountain View Lane Amended Plat is hereby approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 92 Attachment 2 Page 93 Page 94 Page 95 Attachment 3 Page 96 Page 97 Page 98 PAGE 1 OF 3 April 26, 2023 Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for 249 Mountain View Ln & 225 Westview Ln. Amended Plat Dear Planner: Trail Ridge Consulting Engineers, LLC is pleased to submit this application for an Amended Plat on behalf of the subject property owners. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Park Development Code. Please refer to the Preliminary Amended Plat submitted herewith for specific details regarding the proposed project. Project Information The subject properties are located along Westview Lane and Mountain View Lane with approximately .94 acres of land area split between the two parcels (249 Mountain View Ln, Lot 1 Mirabell Sub, at 0.26 acres and 225 Westview Ln., Lot 24, 1st Resub of Buenna Vista Terrace at 0.68 acres). Both parcels are currently developed with single-family residential homes. The properties are zoned E-Estate, 1/2-acre minimum per the Estes Park Zoning District Maps. The proposed project is for adjusting the existing lot line shared by the two properties to create a conforming setback. The proposed line change is approximately 20’ x 70’ (total of 1,400 sq/ft; .03acres). The existing lot line shared by the properties causes the existing structure on 249 Mountain View Lane to be non-conforming to EPDC standards, it currently sits over the setback line. The amended plat will resolve this issue. Attachment 4 Page 99 PAGE 2 OF 3 The Amended Plat will reflect a property line shift of 20’x70’ located in the Southeastern portion of 225 Westview Lane to be added on to the western portion of 249 Mountain View Lane. Resulting lot sizes of 0.65 acres (225 Westview Lane), and 0.3 acres (249 Mountain View Lane). The project will include dedication of appropriate, applicable easements for utilities, and access. Zoning is proposed to remain unchanged. 5’ Easement along the existing common line to be removed, and will be re-dedicated as 5’ easements along the new lot lines. Compliance with General Development and Subdivision Standards Zoning District Standards: Zoning is to remain unchanged. Lots are currently zoned E-Estate. Transportation: The proposed plat amendment will not affect existing transportation. Electric- Town of Estes Park The existing 5’ easement will shift with the new property line. Water- Town of Estes Park The existing 5’ easement will shift with the new property line. Sewer- Estes Park Sanitation District The existing 5’ easement will shift with the new property line. Natural Gas- Xcel Energy The existing 5’ easements will shift with the new property line. Communications/Broadband- TDS or Century Link The existing 5’ easements will shift with the new property line. Access The amended plat will maintain the existing access. Page 100 PAGE 3 OF 3 Mapped Hazard Areas: The subject property is not within any mapped hazard areas. We thank you for time and consideration of the proposed Amended Plat. If there are any questions about the project or items discussed above, please don’t hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC Page 101 NEW 5' UTILITY EASEMENT (52.50') 52.50' 5.00' 5.00' SLASH HATCH - PROPOSED AREA SUBJECT TO PLAT AMENDMENT (±1482.6 S.F.) DOTTED HATCH - AREA OF EXISTING UTILITY EASEMENT VACATED WITH THIS PLAT LOT 2 MIRABELL SUBDIVISION PARCEL #3525247002 ZONING: E-ESTATE OWNER: MCQUATE, RICHARD G/BARBARA L REVOCABLE LOT 28 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228028 ZONING: E-ESTATE OWNER: GUNLICKS, JAMES B/LOIS REVOCABLE TRUST LOT 26 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228026 ZONING: E-ESTATE OWNER: GUESS, KARRA/DANIEL DAVID LOT 25 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228025 ZONING: E-ESTATE OWNER: CULPEPPER MARY HELEN TRUST LOT 20 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228020 ZONING: E-ESTATE OWNER: HUNTINGTON WILLIAM H TESTAMENTARY TRUST LOT 23 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228023 ZONING: E-ESTATE OWNER: WRIGHT, JAMES D/SHARON E NEW 20' ELECTRIC EASEMENT 31.56' 41.43' S0 0 ° 1 8 ' 5 4 " E , 7 2 . 5 3 ' N80°36'14"E, 20.26' N89°37'53"E, 20.00' (∆ N84°12'09"W, 44 . 3 5 ' S05°47'51"W, 20.00' S84°12'09"E, 46. 0 2 ' LOT 30 1ST RESUBDIVISION OF BUENNA VISTA TERRACE PARCEL #3525228030 ZONING: E-ESTATE OWNER: CAREFREE CABIN LLC LOT 24A 1ST RESUBDIVISION OF BUENNA VISTA TERRACE .660 ACRES PARCEL #3525228024 ZONING: E-ESTATE OWNER: DREES, LAWRENCE E/MARGOT H 5.06' LOT 1A MIRABELL SUBDIVISION 0.260 ACRES PARCEL #3525247001 ZONING: E-ESTATE OWNER: MURPHEY, STEPHEN A 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2023 MTC 20' SCALE: 1" = 20' 0 40' FINAL AMENDED PLAT OF A PORTION OF LOT 1, MIRABELL SUBDIVISION, AND LOT 24, BUENNA VISTA TERRACE SUBDIVISION A PORTION OF THE SE 1 4 OF THE NW1 4 OF SECTION 25, T.5N., R.73W. OF THE 6TH P.M., TOWN OF ESTES PARK, LARIMER COUNTY, STATE OF COLORADO SUBJECT PROPERTIES VICINITY MAP SCALE 1"=100' SCALE: 1" = 1000' 2000'1000'0 LEGEND FOUND PROPERTY MONUMENTATION EASEMENT BOUNDARY PROPERTY LINE EASEMENT CENTERLINE SET #4 REBAR WITH YELLOW PLASTIC CAP STAMPED #38424 EDGE OF ASPHALT Attachment 5 Page 102 8/23/2023 Community Development Town Board Meeting August 22, 2023 Jurgens-Kidwell Pinewood Lane Amended Plat (500 & 520 Pinewood Lane) Presented by Kara Washam, Planner I Vicinity Map of Subject Area 1 2 Page 103 8/23/2023 Zoning Map Existing Conditions (Aerial) 3 4 Page 104 8/23/2023 Existing Conditions (Aerial) Amended Plat 5 6 Page 105 8/23/2023 Key Points • 500 Pinewood Lane (Peaceful Pines Subdivision) is 2.3 acres and zoned E-1 (Estate). • 2 existing structures- primary unit (1949) used by applicant/owner and ADU (1956) used as long term rental and guest quarters. • 520 Pinewood Lane (Kidwell Addition Subdivision) is 3.3 acres and zoned E-1 (Estate). • 1 existing single-family dwelling (1952) • No new development is proposed at this time. • Improvement Location Certificate (ILC) shows encroachments by both properties. • Inconsistent ROW radii due to separate subdivisions. Review Criteria Section 3.9.D.1.b. of the EPDC states: •“to qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered final subdivision plats under subsection 3.9.C, above, and shall require a public hearing before the Town Board of Trustees.” 7 8 Page 106 8/23/2023 Review Criteria, cont. • The Jurgens-Kidwell Pinewood Lane Amended Plat application involves dedication of right-of-way and is not eligible for staff-level review. • The application follows the standard development approval process set forth in §3.2, except that Step 4 (EPPC Review and Action) does not apply. • Standards of Review: • Compliance with Zoning Standards • Compatibility with the Comprehensive Plan • Utility Standards Staff Findings • The Board of Trustees is the Decision-Making Body for the Amended Plat. • Adequate public/private facilities are currently available and in place to serve the subject properties. • This request has been submitted to all applicable reviewing agency staff for consideration and comment. • No additional development is being proposed on either property at this time. • The Jurgens-Kidwell Pinewood Lane Amended Plat application is in substantial compliance with applicable standards set forth in the EPDC. 9 10 Page 107 8/23/2023 Proposal • Staff seeks approval of the Jurgens-Kidwell Pinewood Lane Amended Plat. • The approved and recorded amended plat will adjust the boundary line between the two properties: • Rectify the existing fence encroachment • Rectify the driveway access encroachment • Dedicate additional right-of-way • Create consistent radii in the cul-de-sac (50’). Advantages & Disadvantages Advantages: Approval of the amended plat to adjust the boundary line between the two properties will rectify existing encroachment issues and will dedicate additional right-of-way, creating consistent radii in the cul-de-sac. Disadvantages: None known. 11 12 Page 108 8/23/2023 Action Recommended Staff recommends approval of the Jurgens-Kidwell Pinewood Lane Amended Plat. Sample Motion: •I move that the Town Board of Trustees approve Resolution 75-23. •I move that the Town Board of Trustees deny Resolution 75-23, finding that [state findings for denial]. •I move to continue the Jurgens-Kidwell Pinewood Lane Amended Plat to the next regularly scheduled meeting. [State reasons for continuance]. 13 Page 109       Page 110 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. ORDINANCE 07-23 AMENDING SECTION 1.20.020 OF THE ESTES PARK MUNICIPAL CODE REGARDING COLLECTION OF UNPAID MUNICIPAL COURT ASSESSMENTS.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT .  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION. Page 111  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 112 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 22, 2023 RE: Ordinance 07-23 Amending Section 1.20.020 of the Estes Park Municipal Code Regarding Collection of Unpaid Municipal Court Assessments PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: The Estes Park Municipal Court is requesting an amendment to the Municipal Code to provide the court with a process for collecting unpaid judgements. Present Situation: Effective January 1, 2022, HB 21-1314 repealed the authority of the Department of Revenue to cancel, renew or reinstate a driver's license for failure to pay an outstanding monetary judgement. The bill also prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person has an outstanding warrant relating to a traffic violation or a municipal violation. As part of the repeal, a working group of stakeholders established in 2022 studied alternatives to license suspension or revocation for defendants who do not comply with court orders. Prior to the repeal, if a defendant entered a guilty plea and failed to comply with the sentence, the court would enter an Outstanding Judgement Warrant (OJW) and send it to the DMV. This placed a hold or suspension on the person’s driver's license until they demonstrated compliance with the sentence (typically a fine and/or a class or community service). With the change, the court has entered citations to show cause for non-compliant defendants, and references the fact that failure to comply may result in referring the unpaid judgement to a collection agency. Additionally in the case of failing to complete other court orders, or the defendant has the ability to pay a fine or attend a class but willfully refuses to do so, they may be found in contempt of court. Proposal: The Municipal Code currently does not provide the Municipal Court with the option to send unpaid judgements to a collection agency. Current judgements that are unpaid are not actively pursued. Page 113 The proposed ordinance would provide the Town Administrator or designee the authority to send all unpaid judgements to a collection agency through an establish contract, see attached contract to be executed if the Town Board approves the ordinance. The amendment would allow the Town to collect reasonable costs associated with the collection of the unpaid judgement to include fees and costs of the Town Attorney; however, the costs shall not exceed twenty-five percent of the unpaid amount. It is worth noting the Town currently uses Professional Finance Company, Inc. in Finance to collect unpaid utility bills and has done so for approximately the past 30 years. Advantages: • Provides a mechanism for collecting unpaid judgements. • Decreases the number of open cases that may need to be sent back to court for further action, e.g. Show Cause Notice. • Increases the productivity of the court system. Disadvantages: • Unpaid judgements would not be addressed in a timely manner. Action Recommended: Approve of Ordinance 07-23 to amend section 1.20.02(b) and (d) Budget: The additional revenue collected is estimated at $1,500 annually. Level of Public Interest: Low Sample Motion: I approve/deny Ordinance 07-23. Attachments: 1. Ordinance 07-23 Page 114 ORDINANCE NO. 07-23 AN ORDINANCE AMENDING SECTION 1.20.020 OF THE ESTES PARK MUNICIPAL CODE REGARDING COLLECTION OF UNPAID MUNICIPAL COURT ASSESSMENTS WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain provisions of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Ellipses in this ordinance indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: Section 1.20.020 of the Estes Park Municipal Code is hereby amended by adding underlined material, to read as follows: 1.20.020 - Fines and penalties. . . . (b)The Town Board, by ordinance, may establish costs, including surcharges, to be assessed by the Municipal Judge for specified violations of the Municipal Code. Such assessed costs shall also include costs of collection described in subsection (d) below. . . . (d)The Town Administrator or designee is authorized to use any lawful method of collecting fines, fees, default judgments, personal recognizance bond forfeitures, civil penalties or any other unpaid amounts due from any person assessed such sums by the Municipal Court, including the reasonable costs of collection. Reasonable costs of collection shall include, without limitation, the fees and costs of the Town Attorney’s Office, of special counsel or of a collection agency, but such fees and costs shall not exceed twenty-five percent (25%) of the unpaid amount. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2023. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 Page 115 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2023 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2023, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 116 Human Resources Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 22, 2023 RE: Resolution 77-23 Town Administrator Contract PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To approve a new four-year employment agreement with Town Administrator Machalek. Present Situation: The Board approved a four-year contract with Town Administrator Machalek effective August 27, 2019 after a nationwide search for a new Town Administrator. The contract expires on August 27, 2023. At the June 13, 2023 Town Board meeting, staff discussed the Board’s intent to enter into an extension of Machalek’s employment agreement and the general terms of a new agreement. At the July 11, 2023 Town Board meeting, an executive session was held to discuss the agreement. Trustees Lancaster and Martchink then met with Machalek to discuss the terms of an employment agreement renewal. Proposal: Attached is a first renewal of the current agreement with Machalek with the following changes from the previous agreement: •Agreement for a four-year renewal term, expiring August 27, 2027. The Town Administrator’s term would end on an off-election year; therefore, the Board would not be addressing new Board members and a new Administrator in the same year. •The agreement has an amended salary of $195,000. •The original contract did not include a clear mechanism for annual merit increases. The first renewal provides an annual merit increase based on the annual budgeted merit pool rate, subject to an annual performance review. •Additional vesting incentive provides $1,000 a month to a retirement account that is subject to vesting terms outlined in the agreement. Page 117 Advantages: • Provide an updated agreement that outlines compensation and benefits for the Town Administrator position. • Continue employment of Town Administrator Machalek. Disadvantages: • The Town would operate without a contracted Town Administrator until such time a contract could be negotiated. Action Recommended: Approve Resolution 77-23 to enter into a first renewal agreement with Town Administrator Machalek as outlined in the attached Town Administrator Employment Agreement First Renewal. Budget: Additional cost for 2023 - $5,323.14/salary and $4,000/retirement. A slight increase to taxes, PERA contributions, etc. have not be included in the salary calculations. Level of Public Interest: Medium. Sample Motion: I move to approve/deny Resolution 77-23. Attachments: 1. Resolution 77-23 2. Town Administrator Employment Agreement First Renewal. 3. Current Town Administrator Employment Agreement Page 118 RESOLUTION 77-23 APPROVING A FIRST RENEWAL OF THE TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT WITH TRAVIS MACHALEK WHEREAS, the Town Board wishes to enter into the agreement referenced in the title of this resolution with Travis Machalek as the Town Administrator. 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 employment agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 119 1 TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT FIRST RENEWAL THIS FIRST RENEWAL OF THE TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT (hereinafter called the “Renewal”) effective August 27, 2023, by and between the Town of Estes Park, Colorado, a municipal corporation (hereinafter called “TOWN”) and Travis Machalek (hereinafter called “Employee”), both parties agreeing as follows: WHEREAS, the Town and Employee entered into a Town Administrator Employment Agreement (hereinafter called the “Agreement”) effective August 27, 2019; and WHEREAS, the TOWN and Employee desire to continue the employment arrangement described in the Agreement, with certain modifications as described herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1.The Agreement is hereby amended by the replacement of sections 2 and 3, and the addition of section 7.1, to read as follows: Section 2. Term The term of this Agreement shall be for an initial term of four (4) years, plus a renewal term of four (4) years, subject to Sections 8, 9, 10, and 11. Section 3. Compensation The TOWN agrees to pay Employee for his services a starting base salary of $195,000 payable in installments as other employees of the TOWN are paid. Employee’s total compensation consists of base salary and other benefits described in this Agreement. Employee’s annual base salary shall be increased in each calendar year based on the annual market study by the percentage of increase by which the management job family is increased. By default, after Employee’s annual performance evaluation as described in section 17, Employee’s annual base salary shall also be increased in each calendar year based on the annual budgeted merit pool rate increase available generally to the employees of the TOWN. The TOWN Board of Trustees may override the default by taking action at a public meeting to provide a greater or lesser increase, or no increase. The Board of Trustees must take any such action within thirty days of the Attachment 2 Page 120 2 performance evaluation; otherwise the default increase will take effect. Any increase shall take effect annually at the beginning of the first full payroll period following the thirty-day period after the annual performance evaluation. Section 7.1 Additional Vesting Incentive The TOWN agrees to contribute one thousand dollars each full month of Employee’s employment with the T OWN beginning August 27, 2023 to a retirement account it will establish for Employee. Employee shall have no rights to the funds therein until they vest as follows. After one full year of contributions during the employment, Employee shall be vested in and entitled to 25 percent of the funds; after two full years, 50 percent; after three full years, 75 percent, and after four full years, 100 percent. Vesting only occurs annually on the anniversary date of this Agreement. If Employee resigns employment or is terminated with cause as described in Section 8, Employee shall only be entitled to the amount vested at the time, and any other funds shall revert to the property of the TOWN. If Employee is terminated without cause as described in Sections 8 and 10, Employee shall automatically vest in and become entitled to whatever amounts have accrued in the account. If the TOWN is unable to accomplish such an arrangement due to technical or legal obstacles or otherwise, the parties shall meet and discuss the situation, and the TOWN shall establish an alternate arrangement that is as similar to that described above as is practicable. In such a situation, if desired by either party, both parties intend to work in good faith to amend this Agreement to reflect an alternate arrangement. 2. This Renewal shall not affect the obligations of the parties as they existed under the Agreement before the effective date of the Renewal. 3. Sections 24-27 of the Agreement shall apply equally to this Renewal as though they were fully stated herein. Page 121 3 IN WITNESS WHEREOF, this Agreement is executed on this ____ day of ______, 2023. TOWN OF ESTES PARK By___________________________ Wendy Koenig, Mayor ATTEST: _____________________________ Town Clerk EMPLOYEE _________________________ Travis Machalek APPROVED AS TO FORM: _____________________________ Town Attorney Page 122 Attachment 3 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129       Page 130 General Public Comment Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137       Page 138