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HomeMy WebLinkAboutPACKET Town Board 2023-11-28NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. The 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. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 28, 2023 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). 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 or use the link above to access audio or read the transcript. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the 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). UNITED STATES PERMANENT RESIDENT STATUS RECOGNITION. 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 November 14, 2023 and Town Board Study Session Minutes dated November 14, 2023. Prepared 11-17-2023 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3.Estes Park Planning Commission Minutes dated October 17, 2023 (acknowledgment only). 4.Consider the Acceptance of Art in Public Places Sculpture Donation – Book Loving Betty. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ENVIRONMENTAL ASSESSMENT FOR RMNP’S DAY USE VISITOR ACCESS PLAN. Superintendent Ingram, Management Specialist Hannon, and Management Specialist Patterson. ACTION ITEMS: 1.ORDINANCE 12-23 TEMPORARY 6-MONTH MORATORIUM ON NEW BED AND BREAKFAST INN BUSINESS LICENSES. Town Clerk Williamson. To consider a second temporary 6-month moratorium for bed & breakfast licenses. 2. POLICY 603 – UTILITY FEE AMORTIZATION. Director Creamean. To amortize water system development and water rights fees over time. REPORTS AND DISCUSSION ITEMS: 1. PROPERTY TAX UPDATE. Director Creamean. Review updated information on property tax discussions from special legislative session and further discuss the Town's mill levy. 2. BOARD COMPENSATION FOR 2024. Town Clerk Williamson. To review market communities board/council compensation in advance of preparing an ordinance with Consumer Price Index (CPI) adjusted compensation for the incoming 2024 Board. ADJOURN. Town of Estes Park, Larimer County, Colorado, November 14, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 14th day of November, 2023. Present: Wendy Koenig, Mayor Marie Cenac, Mayor Pro Tem Trustees Kirby Hazelton Frank Lancaster Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None 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 (Cenac/MacAlpine) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Board comments were heard and have been summarized: The Estes Valley Watershed Coalition hosted a public meeting on slash burning. The Visit Estes Park met and discussed the upcoming tree lighting ceremony, fall visitor survey, and the 4.1% decrease in lodging tax The Veteran’s Day Ceremony was held with recognition of veterans in the community. The Board discussed options of a temporary Property Tax Credit to mitigate potential increases in property tax due to the failure of Proposition HH. Sister Cities Board met and elected new officers. The Annual Dia de Los Muertos celebration was held with large community participation. The National Philanthropy Day celebration recognized 33 individuals and non-profit organizations in the community. The Estes Park Board of Adjustment approved an occupancy waiver. The Police Auxiliary would hold an ambulance training. The Restorative Justice Annual Fundraising Dinner would be held with meals provided by Mama Rose’s. The Estes Park Economic Development Corporation would meet to discuss the corporation’s future. The October Trustee Talk focused discuss on workforce housing, land use, Sanitation District, and Bond Park. The November Trustee Talk would focus on the budget process and Downtown Estes Loop construction. Mayor Koenig announced she would not run for reelection in April 2024. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek thanked staff for their response to the power outage on October 29, 2023. Staff would continue to work on improvements with the Western Area Power Administration to maintain reliable power to the Estes Valley. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated October 24, 2023 and Town Board Study Session Minutes dated October 24, 2023. 3.Estes Park Board of Adjustment Minutes dated October 3, 2023 (acknowledgment only). DR A F T Board of Trustees – November 14, 2023 – Page 2 4. Transportation Advisory Board Minutes dated September 20, 2023 (acknowledgment only). 5. Resolution 97-23 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2024 Federal Transit Administration 5311 Rural Area Formula Funds to Support Estes Transit - CDOT PO 491003380. 6. Reappointment of Rich Chiappe to the Local Marketing District Board of Directors for a term expiring December 31, 2027. It was moved and seconded (Hazelton/Younglund) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 98-23 TRANSFER OF A LODGING & ENTERTAINMENT LIQUOR LICENSE FROM ESTES PARK CATERING LLC DBA JUBILATIONS CATERING TO JOGAN INC, LLC DBA JUBILATIONS CATERING, 215 VIRGINIA DRIVE, ESTES PARK, CO 80517. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 98-23. She reviewed the application for the transfer of ownership, stating all paperwork and fees had been submitted and a temporary permit was issued October 13, 2023, which authorizes the Transferee to continue the sale of alcohol while the transfer application was pending. The applicant was aware of the Training for Intervention Procedures (TIPS) requirement. Mayor Koenig closed the public hearing and it was moved and seconded (MacAlpine/Younglund) to approve Resolution 98-23, and it passed unanimously. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 09-23 REZONING, RAVEN SUBDIVISION ZONING MAP AMENDMENT, RAVEN AVENUE TBD, HABITAT FOR HUMANITY OF THE ST. VRAIN VALLEY, INC., OWNER/APPLICANT. Mayor Koenig opened the public hearing and Planner Washam presented Ordinance 09-23 to rezone 0.82 undeveloped acres of Lot 2A Ward Minor Subdivision from RM - Multi-Family Residential to R-1 - Single-Family Residential. A minor subdivision of the property was approved in January 2021 in anticipation of further subdivisions and to enable Habitat for Humanity to develop single-family residences on five proposed lots with a minimum lot size of 5,000 feet. She highlighted the Estes Park Planning Commission’s review and recommendation of the rezoning application, criteria for rezoning, characteristics of the subdivision and lots, and staff findings. Dave Emerson, Executive Director of St Vrain Habitat for Humanity, provided background on the organization, their elgibility requirements for housing, and the property. The Board discussed the difference between detatched and attached single-family homes, the minimum lot size for attached single-family homes, variance options and limitations, and maintaining natural landscaping of the area. John Guffey/Town citizen spoke regarding the natural grass and maintenace of the open space area included in the rezoning. Scott Moulton/Estes Park Housing Authority Director spoke in support of the rezoning citing the Housing Needs Assessment. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Ordinance 09-23, and it passed unanimously. ACTION ITEMS: 1. PUBLIC HEARING – 2024 BUDGET. Mayor Koenig reopened the public hearing from October 24, 2023. Manager Hudson presented the 2024 budget of $87.9 million. The budget outlines the Highway User Trust Fund revenues received from DR A F T Board of Trustees – November 14, 2023 – Page 3 the State of Colorado estimated at $285,504 would offset the operational costs of the Streets division of Public Works. Resolution 99-23 would set the mill levy for 2024 at 1.822 mills for a total of approximately $445,000 in property tax revenues. Resolution 100-23 would adopt the 2024 budget as presented. Resolution 101-23 would appropriate sums of money to be expended as outlined in the proposed budget. The 2024-2028 Capital Improvement Plan would provide guidance to the Board, staff, and citizens on upcoming projects and funding needs. Bill Brown/Town citizen spoke regarding Resolution 99-23 and the components of property tax. He requested a reduction to the mill levy to support the needed funding from property tax of approximately $445,000. The Board discussed reassessing the $65,000 earmarked for economic development funding following discussions on base funding entities. They directed staff to provide more information on the mill levy adjustment depending the results of the State Legislature review of property tax. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Younglund) to approve the Highway User’s Trust Fund for expenditures for striping, snow plowing, traffic signs, street lights, and other related road and street costs as proposed for 2024, and it passed unanimously. It was moved and seconded (Lancaster/MacAlpine) to table Resolution 99-23 to December 12, 2023, and it passed unanimously. It was moved and seconded (Lancaster/Cenac) to approve Resolutions 100- 23 and 101-23, and it passed unanimously. It was moved and seconded (Cenac/Younglund) to approve the Capital Improvements Plan for 2024-2028, and it passed unanimously. 2. 2024 STRATEGIC PLAN ADOPTION. Town Administrator Machalek presented the 2024 Strategic Plan and highlighted the Strategic Planning Sessions held March 8, 2023 and April 5, 2023, adoption of the 2024 Provisional Strategic Plan on May 23, 2023, and suggested edits since the provisional plan was adopted. Edits included: Amending Infrastructure Objective 4.D.1, Public Safety, Health, and Environment Goal 2.D and Objectives 1.A.1, and 7.A.1. Adding Outstanding Community Services Objective 2.A.1, Public Safety, Health, and Environment Objectives 1.F.1, and 6.A.1., and eliminating Transportation Objective 4.A.1 and 7.A.1. The Board discussed the removal of an Environmental Sustainability Manager position as a part of Public Safety, Health, and Environment Objective 1.A.1, budgetary needs or amendments to support the position, collaboration with other entities including Visit Estes Park’s Sustainability Manager, the Environmental Sustainability Task Force recommendations, staff’s current efforts to implement the recommendations, and maintaining the current trajectory. John Guffey/Town citizen spoke regarding the importance of environmental restoration stating sustainability was no longer sufficient. He elaborated that Estes Park should be a leader in the restoration of the environment considering the proximity of Rocky Mountain National Park. Nick Thomas/County citizen stated the League of Women Voter’s would be hosting a meeting on Estes Sustainability at the Legion. It was moved and seconded (Cenac/Younglund) to approve the 2024 Strategic Plan with the addition of an objective to explore collaboration on sustainability management with partner entities and evaluate sustainability actions the Town Board wants to accomplish, and it passed with Trustee MacAlpine voting “No”. 3. ORDINANCE 10-23 TEMPORARILY SUSPENDING TIME LIMITATIONS AND WAIVING APPLICATION FEES FOR SUPPLEMENTAL TEMPORARY SIGNS FOR PROPERTIES DIRECTLY IMPACTED BY CONSTRUCTION OF THE DOWNTOWN ESTES LOOP. Mayor Koenig opened the public hearing and Planner Hornbeck presented Ordinance 10-23 to waive application fees for DR A F T Board of Trustees – November 14, 2023 – Page 4 temporary signs for businesses impacted by the construction. He provided background on the Downtown Estes Loop, supplemental temporary signs, limits on these types of signs as noted in the Estes Park Development Code, and the affected businesses. John Guffey/Town citizen requested clarification on the temporary suspension timeframe. The Board discussed the number of temporary signs a business can have during the temporary suspension and supporting businesses affected by the construction. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Cenac) to approve Ordinance 10-23, and it passed unanimously. 4. RESOLUTION 102-23 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING AGREEMENT WITH THE BOYS AND GIRLS CLUB OF LARIMER COUNTY. Manager Bangs presented Resolution 102-23 for a 6E Funding expenditure and agreement with the Boys and Girls Club of Larimer County to support out-of-school programming as outlined in the 2023 Childcare Funding Plan. She highlighted the club’s current operations, strategic plan, intended uses of the funds, and the expenditure’s financial impacts. The Board discussed the Behavioral Health position with the Boys and Girls Club, increased participants and staffing during the summer, collaboration with the School District, funding Estes Park specific staff, eligibility for future funds, increased capacity, demographics of participants, and expansion of the program. It was moved and seconded (Younglund/MacAlpine) to approve Resolution 102-23, and it passed unanimously. 5. ORDINANCE 11-23 AMENDING CHAPTER 5.20 OF THE ESTES PARK MUNICIPAL CODE REGARDING BED AND BREAKFAST INN PROPERTIES. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Ordinance 11-23 to amend the Municipal Code regarding Bed and Breakfast (B&B) Inns. She highlighted the previous study session discussions and the Board’s direction on the need to clarify the use for staff, owners, and neighbors on key components including meal service, kitchen facilities, and innkeeper residency, and clearly outlining the operation to differentiate the use from vacation homes. The proposed amendments would provide current operations a year to come into compliance. She noted public comment was received related to the incorporation of the innkeeper within the dwelling, the requirement of a meal, and grandfathering. Jim Docter/Town citizen, South Cox/Town citizen, Jeff Robbins/Town citizen, Nathan Welton/County citizen, Dan Ludlum/County citizen, Matt Lovas/Town citizen, Mike Kingswood/Town citizen, Nick Thomas/County citizen, Elizabeth Coffin/Town citizen spoke against the Ordinance citing oversight of local government, the need to reduce regulations, the financial impacts of operating a B&B, amenities provided by B&Bs, the requirement to provide a meal, need for a third short-term rental classification, alignment with Larimer County’s requirements, the proposed regulation to allow guest access to the kitchen, circumvention of the vacation home cap, home values in Estes Park, providing a mechanism for working families to afford to live in Estes Park, transferability of short-term rental licenses, and the inability to continue operation should the regulations change. It was moved and seconded (MacAlpine/Hazelton) to extend the meeting past 10:00 p.m., and it passed unanimously. The Board discussion was heard and summarized: questioned if Larimer County health and safety requirements would be required for food storage and preparation; clarification on the requirement to have an innkeeper on premises at all times; commented on the operation of a commercial business in a residential zoning district and expanding that use; questioned the need for the proposed regulation to require guest access to the kitchen facilities within the B&B; stated current licensees could provide long-term rentals to the community; the need to DR A F T Board of Trustees – November 14, 2023 – Page 5 discuss the creation of a third short-term rental classification; circumvention of the vacation home cap, the need to amend the meal requirement for properties operating as a B&B; the possibility of grandfathering current operations; and the need to bring forward a second moratorium on new B&B applications to allow for further discussion on B&B regulations. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Cenac) to table Ordinance 11-23 and extend the current moratorium. No vote occurred on the motion as a substitute motion was passed. A substitute motion was moved and seconded (Cenac/Koenig) to table Ordinance 11-23 to allow further conversation at a future Study Session pending the ordinance and thereby suspending the submittal of new Bed & Breakfast applications, and bring forward an Ordinance for a 6-month temporary moratorium to the November 28, 2023 Town Board Meeting, and it passed unanimously. Mayor Koenig called a 10-minute break at 10:45 p.m. and reconvened at 10:53 p.m. 6. RESOLUTION 103-23 LEASE AGREEMENT WITH LTD PROPERTIES LLC FOR TRANSITIONAL EMPLOYEE HOUSING Town Administrator Machalek and Director Williamson presented Resolution 103-23 for a lease agreement with LTD Properties LLC to lease a two-bedroom apartment for two years for housing new employees on a transitional basis. It was moved and seconded (Cenac/MacAlpine) to approve Resolution 103-23, and it passed unanimously. 7. RESOLUTION 104-23 AMENDED INTERGOVERNMENTAL AGREEMENT (IGA) FOR SOLID WASTE PROGRAMMING AND INFRASTRUCTURE IMPROVEMENTS. Town Administrator Machalek presented Resolution 104-23 to amend the IGA for Solid Waste Programming and Infrastructure Improvements. The amendment would put the IGA into abeyance. He highlighted issues the County has faced with the program and the potential of a future IGA for Solid Waste. It was moved and seconded (Martchink/Younglund) to approve Resolution 104-23, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. 1% SALES TAX RENEWAL PACKAGE. Town Administrator Machalek provided a review of the updated 1% Sales Tax Renewal package consisting of 46% toward Steet Maintenance, 28% for Stormwater Infrastructure Expansion, 12.5% Trail Expansion and Reconstruction, 9% Wildfire Mitigation, and 4.5% Powerline Wildfire Mitigation. At the request of the Board, staff met with the Estes Valley Fire Protection District (EVFPD) and the Executive Leadership Team to evaluate needs. Staff requested Board direction on the proposed package and allowing the 9% Wildfire Mitigation allocation to be a pass-through to the EVFPD. EVFPD Division Chief Landkamer provided further information on the District’s intended use of Sales Tax Renewal funds including staffing, equipment, and projects. The Board discussed the main locations the EVFPD intends to focus on and their funding plans after the 10-year Sales Tax Renewal period. The Board directed staff to continue work on the proposed 1% Sales Tax Renewal package and for the Wildfire Mitigation allocation to be a pass-through. Whereupon Mayor Koenig adjourned the meeting at 11:15 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado November 14, 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 10th day of October, 2023. Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink, and Younglund Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, Town Clerk Williamson, Manager Bangs and Deputy Town Clerk Beers Estes Park School Board District President Stacy Ferree, Vice President Ava Kendall, Director Jason Cushner and Superintendent Bode. Absent: None Mayor Koenig called the meeting to order at 5:00 p.m. Town Clerk Williamson introduced Rachel Richards, Administrative Assistant in the Town Clerk’s office. OVERVIEW OF MEETING TRANSLATIONS USING WORDLY. Town Clerk Williamson provided a demonstration of Wordly, a live two-way translation of audio and captions for Town Board meetings. She stated the two-way translation of audio would allow members of the public to listen and/or read a translation of the meeting in one of 53 languages currently, and to speak in their native language which would be translated to the Board in English allowing a dialogue to occur. Trustee Younglund questioned whether staff have discussed sharing the services with other local entities and the benefits in utilizing the program during Trustee Talk sessions. Trustee MacAlpine questioned whether un-used hours would roll over to which the Town Clerk Williamson responded they would not. Staff would review the use to determine the most cost-effective number of hours for each upcoming year. AUDIT COMMITTEE SUNSET REVIEW. Town Board Governing Policy 1.6.1.88 states committees would undergo a regular sunset review at least once every five years. The Audit Committee was last reviewed in October 2018. There were no Board comments and it was determined the Audit Committee would undergo the next sunset review according to policy. BOARD MEMBER “COOLING OFF” PERIOD. At the October 10, 2023 Study Session, the Board requested staff research cooling-off periods for elected board members ending their term and possibly becoming an employee of the Town. Staff collected data from 30 of the 31 market communities to determine whether or not these communities had a cooling-off period for former board members and found of those communities, 33% (10) had a cooling-off period for any employee position, 57% (17) had no cooling-off period, and 10% (3) had a cooling-off period only for the City/Town Manager position. The communities with a cooling-off period of any kind (12), two had a six-month period, five had a one-year period, four had a two-year period, and one prohibited employment for an office created or the salary increased during the time the board member served their term. Staff requested Board direction on interest in modifying the Estes Park Municipal Code with a cooling-off period. The Board consensus preferred instituting a cooling-off period for an office which was created or the salary was increased during the time the board member was DR A F T Town Board Study Session – November 14, 2023 – Page 2 serving, or more specifically for a leadership role similar to the Town Administrator. Town Administrator Machalek confirmed former board members had been hired as employees, however, none were hired under one-year from the end of their term. He further stated a cooling-off period would clearly outline positions advocated by a former board member would not allow a termed member to apply for said position during this timeframe. Staff was directed to bring forward a draft ordinance for a future Town Board meeting with a one-year cooling-off period. 179 STANLEY CIRCLE DRIVE CHECK-IN AND NEXT STEPS. At the July 25, 2023 Study Session, the Board directed staff to identify development potential for Town-owned property at 179 Stanley Circle Drive. Staff determined the property may accommodate a range of 10-12 housing units if rezoned to allow for greater density, acknowledging further research would be necessary to review area access improvement or needs. The site, just under 1-acre, zoned E - Estate contains a single-family home used as a duty house for Town employees living outside of the Estes Valley who are on-call or otherwise need to be in Town for work related reasons. Staff requested Board direction on the proposed next steps to rezone and conduct preliminary planning of the site for Town-employee housing, and the use of the Housing Reserve Fund and grant funding. Staff stated initiating the predevelopment process, beginning with rezoning the property to RM - Multi-family Residential, would assist the Town in submitting competitive applications for future grants. Town Attorney Kramer clarified the rezoning would be a quasi-judicial matter and the Board would only be directing staff to initiate the predevelopment process. Town Administrator Machalek stated as the housing would be for Town employees only, 6E funds could not be used. Board consensus was to direct staff to begin the predevelopment process. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Younglund requested Board interest in a study session related to pension pay tax and how staff can coordinate with other entities to reduce taxes. Mayor Pro Tem Cenac requested staff research year-round computer operated lights similar to the Town of Lyons and whether this would be cost effective for the Town. Town Administrator Machalek stated staff have researched long term lighting solutions on West Elkhorn and would discuss holiday and year-round lighting opportunities with Visit Estes Park. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested, and it was determined, to schedule the Estes Arts District Arts Master Plan Draft, Encore Arts Update, and Racial Covenants Research and ordinance at the December 12, 2023 meeting. The HR Strategic Plan and Organizational Culture Update would be scheduled for January 9, 2024 and Substandard Rental Housing would be added to approved unscheduled. Mayor Koenig called a 15-minute break and the meeting resumed at 6:10 p.m. JOINT DISCUSSION WITH ESTES PARK BOARD OF EDUCATION ON CHILDCARE. Estes Park School District Board representatives and Superintendent Bode held a joint discussion with the Board regarding childcare. Mayor Pro Tem Cenac opened the discussion by requesting the School Board provide details on the School District’s childcare efforts, workforce housing plans, and potential collaboration with the Town to address community needs. Superintended Bode stated any K-12 programing offered by the School District would be directly tied to Colorado State Standards for education beginning with preschool. She stated the preschool program was extended in 2023 to include two full-day and one half-day classrooms. The School District partners with the Boys and Girls Club of Larimer County to provide after school education and enrichment care at the school facilities. The Boys and Girls Club expands into the summer offering all day programming for families. She stated the Boys and Girls Club has the capacity to serve approximately 40 families; however, they don’t always meet capacity due to alternate clubs offered by the school or the Estes Valley Recreation and Park District (EVRPD). Board questions have been summarized: questioned if the DR A F T Town Board Study Session – November 14, 2023 – Page 3 School District would have facility space which could be utilized for childcare potentially using 6E funds; if the School District and EVRPD coordinate afterschool care and programs; noted the lease between the School District and the EVRPD for the land the Community Center sits on included provisions allowing use of the Center by the School District for programs; and the impact of seasonal families on the School District’s funding. Superintendent Bode stated if the School District partnered with the Town to offer or share facilities it would be important to clarify where the District’s and Town’s responsibilities begin and end. She added the School District would not be able to expand programs with current staffing and without additional funding. School Board President Ferree stated her support for more coordination to ensure children do not go home to an empty house and welcomed future conversations on how both Boards could meet community needs. Deputy Town Administrator Damweber stated Town staff have been in discussions on opportunities to meet childcare needs with local partners and the School District. There being no further business, Mayor Koenig adjourned the meeting at 6:34 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado, October 17, 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 17 day of October 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Charles Cooper, Chris Pawson, David Shirk Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Commissioner Shirk, Interim Community Development Director Jason Damweber, Planner I Kara Washam, Senior Planner Paul Hornbeck, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: none (Shirk arrived at 1:35 p.m.) Chair Comstock called the meeting to order at 1:30 p.m. There were 14 people in attendance. AGENDA APPROVAL It was moved and seconded (Heiser/Cooper) to approve the agenda. The motion passed 3-0-1, with Pawson abstaining and Shirk not yet in attendance. PUBLIC COMMENT: Kristine Poppitz, 650 Devon Drive, thanked Staff for the meet and greet held at the Community Center on the 16th. INTRODUCTIONS AND ANNOUNCEMENTS New Commissioner Charles Cooper and new Senior Planner Paul Hornbeck were introduced. CONSENT AGENDA APPROVAL It was moved and seconded (Heiser/Shirk) to approve the consent agenda. The motion passed 3-0, with Cooper and Pawson abstaining. ACTION ITEMS 1.Amended Development Plan Max Storage Planner Washam DJMC LLC, Owner/Applicant The Applicant has requested a minor modification to the landscape plan of the approved development plan. The plan proposed planting eight (8) trees along Acacia Drive. With the proximity of an existing sewer easement and insurance requirements for trees to be a minimum of ten (10) feet from the structure, the Applicant cannot install trees in this location. The Applicant proposes shrubs in place of trees in this location, at a ratio of three (3) shrubs to one (1) tree for a total of twenty-four (24) additional shrubs along Acacia Drive. DISCUSSION: Jes Reetz, Cornerstone Engineering, stated that insurance requirements brought on this amendment. The shrubs from the original plan are in place, but he can't install the trees in this location due to sewer easement requirements (10 feet required vs 5 feet available space). Trees were not a requirement for street buffering in the original Development Plan. The number of trees was required, but their specific placement was not. The overall intent should be met. Discussion on obtaining a Certificate of Occupancy (CO) was had. It was understood that once this amendment was submitted, the owner could receive the CO and start doing business. The Improvement guarantee for public improvements has been met. Leftover funds from that will be rolled into a Landscape Guarantee. Planning Commission – October 17, 2023 – Page 2 PUBLIC COMMENT: Mike Copp, 1940 Baldpate Court, stated that wildlife no longer migrates through this property. The structure has eight large street lights and suggested cutting that number in half and installing motion sensors. Other storage facilities use LED lights, and the Water Department uses only three lights. The lighting is affecting property owners two blocks away on Scott Avenue. He handed out photos of the property at night. Vice Chair Heiser confirmed that lighting was a part of the landscape plan requirements. Planner Washam stated that if there is a problem with lighting, it would be a Code Enforcement issue. Commissioner Shirk noted that, per code, "if installed, all exterior lighting shall meet the functional security needs of the proposed land use without affecting adjacent properties or the community." He requested the Applicant return with a specific landscape plan and lighting standards, suggesting finding a new location for trees. It was moved and seconded (Pawson/Shirk) to continue the amended MAX Storage Development Plan to the next regularly scheduled meeting, finding that a revised landscaping plan describing the replacement shrub type and location, and more information on how the landscaping will provide adequate screening of lighting be submitted. The motion passed 5-0. 2.Location and Extent Review 360 Community Drive Planner Washam Estes Valley Recreation and Park Department (EVRPD), Applicant. Planner Washam reviewed the staff report. The EVRPD proposes a new "all wheels" concrete/shotcrete skate park at Stanley Park. The skate park will be approximately 10,500 square feet in size. Public facilities and utilities will not be impacted. Lighting or power to the skate park is not being proposed, as the intention is a dawn-to-dusk operation. PUBLIC COMMENT: none DISCUSSION: Vice Chair Heiser suggested the Planning Commission could approve a Master Plan for Stanley Park to alleviate future individual Location & Extent hearings for the Park. It was moved and seconded (Shirk/Pawson) to approve the Location and Extent Review application, according to findings recommended by Staff. The motion passed 5-0. 3. Rezone TBD Raven Avenue Planner Washam Habitat for Humanity of the St. Vrain Valley, Inc., Owner/Applicant The Applicant proposes rezoning the 0.82-acre parcel from RM (Multi-family Residential) to R-1 (Single-Family Residential), with a minimum lot size of 5,000 square feet, to create five (5) lots. The two western lots, Lots 1 and 2, will have access by a single point from Raven Avenue, with Lots 3, 4 and 5 having individual access directly from Raven Avenue. Heiser disclosed that between 1999-2015 he was on the Board of the local Habitat for Humanity but had no financial or prior interest in this. PUBLIC COMMENT: Scott Moulton, Executive Director of the Housing Authority, expressed support and the need for the project. Planning Commission – October 17, 2023 – Page 3 DISCUSSION: David Emerson, Habitat for Humanity Director, stated that he has worked on this since 2019. Habitat does not want condo/stacked uses, hence the reason for the rezoning request. Medical and Education are the primary industries served by Habitat. He explained that Habitat clearly intended to develop this lot and that the landowners had been purposely working with them since the start in 2011. The Deed Restriction review is unnecessary during this hearing, per Town Attorney Kramer. There is no requirement for a Development Plan in single-family developments; the Preliminary Subdivision Plat provides the documentation needed. Chair Comstock suggested expediting a Code Amendment that addresses "changes in conditions in the areas affected" as this wording is too vague. Shirk noted that his subdivision was created in 2020, thus creating a change in conditions. Considerable conversation on interpreting the Development Code and Comprehensive Plan, where mistakes were made, and the history of the lot was had. Shirk recommended denying the zoning request because the town board approved a multi-family zoned lot on this location three years ago. He later withdrew the motion. Shirk questioned why townhouses weren't considered. That would maintain the multi- family zoning, allow the Applicant to use the property as they want and is in alignment with the Comprehensive Plan, giving a different product without rezoning. Pawson concurred. Emerson explained that they were told the minimum lot size would still be an issue, or they would have pursued that path. It was moved and seconded (Heiser/Cooper) to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application to rezone the 0.82-acre parcel from RM to R-1, according to findings of fact recommended by Staff. We find that the conditions of 3.3.d have been met and are compatible with the Comprehensive Plan and existing growth patterns in the Estes Valley. The motion passed 3-2, with Shirk and Pawson voting against. A five-minute break was taken at 3:20 p.m. Commissioner Pawson had prior commitments and excused himself from the meeting. 4.Preliminary Plat TBD Raven Avenue Planner Washam Habitat for Humanity of the St. Vrain Valley, Inc., Owner/Applicant Habitat for Humanity plans to develop the five proposed lots with single-family residences in the R-1 zone, a use-by-right. The subdivision application is contingent on approval of the proposed rezoning application, known as Raven Subdivision Rezoning. Habitat for Humanity will construct the dwellings and sell the homes to individual, qualified buyers. §4.3.D.4 of the Estes Park Development Code (EPDC) states, "All developments in the R-1 District shall be subject to the attainable housing limitations for rental and owner occupancy outlined in §11.4.C." A Deed Restriction or Restrictive Covenant and Agreement is required per §11.4.E.4. PUBLIC COMMENT: Ken Davis, 1776 Olympian Lane Unit B, supports the project. It provides needed workforce housing and is compatible with the other houses across the street. Planning Commission – October 17, 2023 – Page 4 John Fridrich, 1776 Olympian Lane Unit D, commented that, concerning the willow removal, there are drawbacks to any development. He supports the project and won't miss the willows if they must be removed. DISCUSSION: The willows are not in a wetlands area. Shirk recommended preserving the willows by incorporating them into the open space and would like to see what vegetation is being removed. Per Daniel Barrett, Van Horn Engineering, regrading will occur for drainage to flow into the detention pond, which may affect the willows. Shirk requested more consideration for conservation and possible movement of the swale, so it isn't impacting the willows, starting with the stormwater design. Emerson stated that there aren't many options due to drainage, existing conditions and landscaping near a house. The plan is for the Housing Authority to take responsibility for the open space on Lot 5. This is simpler than having five owners governing an out-lot. There is still more to be worked through with the Conservation Easement before this goes before the Town Board, per Attorney Kramer. Heiser stated that the findings for a continuance would not change the conditions or what this plan is trying to accomplish. It was moved and seconded (Shirk/Comstock) to continue the recommendation of the Raven Subdivision Preliminary Plat to the next regular meeting. We request more information on 7.2.d, limits of disturbance, Subsection 2, criteria for establishing limits of disturbance, information about the maintenance of a stormwater pond, requirements of appendix B.2.c, submittal requirements for Preliminary Subdivision Plans showing the vegetation on site. The Applicant consented to the continuation. The motion passed 4-0. REPORTS: Interim Director Damweber spoke on where the Town stands with hiring a new Community Development Director. Interviews of four candidates took place on October 16. Town Administrator Machalek will be the final decision maker. There being no further business, Chair Comstock adjourned the meeting at 4:05 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, PE, Public Works Director Date: November 28, 2023 RE: Consider the Acceptance of Art in Public Places Sculpture Donation – Book Loving Betty (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff request Town Board consider accepting the private Art in Public Places (AIPP) donation of a sculpture titled “Book Loving Betty Reading Girl Bronze Garden Statue” for placement near the Estes Valley Library (ELV) entrance. Present Situation: A private donor has submitted an AIPP Artwork Donation Form for this bronze statue of a young girl reading on a stack of books. The placement sites suggested by the donor are three landscape beds with center voids that would accommodate a statue of this particular size. Currently, there is another bronze statue on the sidewalk leading into the EVL from East Elkhorn Avenue. Proposal: The AIPP Donation Form provides a full description of this Design Toscano artwork and indicates the donor’s willingness to pay for all creation, delivery, and installation costs. The donor also requests affixing on the sculpture a small bronze memorial plaque honoring Ellen Reininga Mazurana. Advantages: •Enhance the Town’s art inventory with a beautiful sculpture that also draws attention to the EVL. •Installation costs and base rock are included with the donation. Disadvantages: • The Town’s Parks Division would need to add this artwork to their annual maintenance program. • This sculpture is mass-produced and is not an original work of art. Policy 880 Public Art broadly limits Town purchases of public art to “original creations of visual art”; however, the policy does not prohibit acceptance of donated mass- produced sculpture. Action Recommended Public Works staff request that the Town Board consider acceptance of this AIPP donation. Finance/Resource Impact: A bronze statue requires annual maintenance work estimated to cost about $200. The funds would come from General Fund account #101-5200-452-25-01. Level of Public Interest There is a low level of public interest in this proposal. Sample Motion: I move for the approval/denial of the “Book Loving Betty” AIPP donation. Attachments: 1. AIPP Artwork Donation Form – Book Loving Betty ATTACHMENT 1 TOWN BOARD MEETING November 28, 2023 Report & Discussion Item #1 – Environmental Assessment for RMNP’s Day Use Visitor Access Plan. No packet material was provided for this item. 11/29/2023 1 NPS ●2023 Day Use Visitor Access Plan and Environmental Assessment Grand Lake Board of Trustees –November 2023 Rocky Mountain National Park  WelcomeWelcome N P S ● 2 0 2 3 Welcome! The National Park  Service is seeking your input on the Day Use Visitor Access Plan  and Environmental Assessment at Rocky  Mountain National Park. https://parkplanning.nps.gov/ROMO_DUVAS 2 1 2 11/29/2023 2 N P S ● 2 0 2 3 Meeting Purpose The goal of this meeting is to:  •orient you to the plan and EA components •answer any questions you have that will help inform your public comments •share how to participate in this process.  N P S ● 2 0 2 3 2 3 4 Overview of Presentation Introduction Plan Background The Alternatives What do YOU  think? 4 1 Introduction 3 4 11/29/2023 3 N P S ● 2 0 2 3 Introduction1Introduction N P S ● 2 0 2 3 National Park  Service  Mission Organic Act ..to conserve park resources and to provide for their use  and enjoyment “in such a manner and by such means as  will leave them unimpaired for the enjoyment of future  generations.” In 2009, 95 percent of Rocky  Mountain National Park was designated as  wilderness “an area where the earth and its community of life are  untrammeled by man, where man himself is a visitor who  does not remain.” 6 5 6 11/29/2023 4 NPS ●2023 Rocky  Mountain  National Park  7 N P S ● 2 0 2 3 Introduction2Plan Background 7 8 11/29/2023 5 N P S ● 2 0 2 3 Purpose and Need for the Plan •Protect and enhance the park's fundamental resources and values and  achieve and maintain desired conditions •Rapid growth in day use visitation starting in 2012 •2019 was record visitation with 4.6 million visitors, a 44% increase since  2012 9 N P S ● 2 0 2 3 Primary Issues This Plan  Addresses  10 •Natural and Cultural Resource Issues •Visitor Experience Issues •Staff and Visitor Safety Issues •Facilities and Operations Issues 9 10 11/29/2023 6 NPS ●2023 1978 ‐Shuttle buses in the Bear Lake Road Corridor 2000 –Major improvements to shuttle system  including expansion of the park and ride 2006‐Hiker shuttle added to connect Estes Park to  Rocky Mountain National Park. 2015‐Real time traffic data with webcams at east‐ side entrance station 2016‐2019 –Bear Lake Road Restrictions and active  parking management at Alpine Visitor Center 2017‐Rocky Pledge started 2017‐2019 –Wild Basin Road Restrictions 2020‐2023 –Timed entry permit system (TEPS)  pilots History Of Day‐Use Visitor Access Strategies At  Rocky   Mountain National Park N P S ● 2 0 2 3 2016‐2020: Bear Lake Road Restrictions  2016‐2019: Managed Parking at Alpine  Visitor Center 2017‐2019: Wild Basin Road Restrictions 2020‐2023: Timed Entry Permit System Pilots Ongoing: •Parking  Management with deterrence  and signage •Education and Enforcement 12 Access Strategy Pilots  11 12 11/29/2023 7 N P S ● 2 0 2 3 Visitor Use Management Framework 13 National Park Service VUM Objectives: Enhance opportunities to connect visitors to the park’s fundamental resources and values Implement effective visitor use management to improve experiences and protect resources Connect the evaluation of issues, opportunities, and implementation strategies Want  to learn more? Visitorusemanagement.nps.gov  N P S ● 2 0 2 3 Summary of Civic Engagement Round 1: Issues and Values  – Summer 2021 •What issues most interfere with your desired park experiences? How can the park better protect resources for  future generations?" •60‐day public comment period with virtual public meetings •Comments were used to inform desired conditions, issues analysis, and strategy identification Round 2: Strategies –Winter 2022/2023 •Based on your desired experiences and protection of natural and cultural resources at Rocky Mountain National  Park, which of the (or combination of ideas) do you think best achieve the purpose of the plan? •51‐day public comment period with a virtual public meeting and an open house in Estes Park, CO. •Comments were used to inform alternatives in the Day Use Visitor Access Plan Round 3: Day Use Visitor Access Plan and Environmental Assessment –Winter 2023/2024 •We value your feedback on the proposed alternatives to ensure quality visitor experience in a way that preserves  the natural, cultural, wilderness, and recreational resources and the environmental analysis of these alternatives.  •45‐day public comment period with a virtual public meeting and open houses in Estes Park and Grand Lake. •Comments will be used to finalize the Rocky Mountain Day Use Visitor Access Plan. 13 14 11/29/2023 8 N P S ● 2 0 2 3 Introduction3The Alternatives N P S ● 2 0 2 3 What is an Alternative? •Alternatives explore  different ways to meet the Purpose and Need of the  plan •Must be technically and  economically feasible •Need to be consistent  with the basic policy  objectives for  management of the area 15 16 11/29/2023 9 N P S ● 2 0 2 3 Strategies Common To All Alternatives •Visitor Information, Orientation, and  Enforcement •Technology Improvements •Shuttles •Transit  Partnerships •Tribal  Nation Access •Private Landowner Access •Commercial Visitor Services •Temporary  Area Closures for High‐ Demand Areas N P S ● 2 0 2 3 Alternative A: No Action, Return to Pre-2020 Pilot Management Park is managed under the Pre‐TEPS management portfolio •This reflects the tools and strategies used in 2016‐2019 •Access for vehicles to all areas of the park would be on a first  come first served basis •Experience from previous summers shows that the closures: •Occur daily especially the Bear Lake Road Corridor, Wild Basin,  and Alpine Visitor Center •Vary  in length, and could last several hours •Are not always predictable •Displaces visitors from their primary destinations and nearby  resources would be impacted •Needs to be triaged as visitor use spreads to new areas and  resources are impacted E X P E R I E N C E    Y O U R    A M E R I C A 17 18 11/29/2023 10 N P S ● 2 0 2 3 Strategies Common to Alternatives B, C, AND D •Adopt Zoning and Desired Conditions •Adopt Indicators and Thresholds •Timed Entry Reservations for the  Bear Lake Road Corridor •Reservation Systems •Fees •Commercial Visitor Services •Identify Visitor Capacities N P S ● 2 0 2 3 Timed Entry Reservations for Bear Lake Road Corridor •Require visitors in private vehicles and on the Hiker Shuttle to obtain a timed entry reservation to  access the Bear Lake Road Corridor •Reservation system would allow for visitor arrivals within a distinct block of time (e.g., from 12:00  p.m. to 2:00 p.m.) on the day of the reservation •Upon initial implementation of this plan, this system would be in place from May through October  from 5:00 a.m. to 6:00 p.m. each day Reservation systems •Park staff would adaptively manage both the timed entry reservation for the Bear Lake Road Corridor  and any reservation system described in the subsequent alternative •The following components of a reservation or timed entry system may shift annually, depending on  factors including, but not limited to, visitor use patterns, staff availability, and shuttle operations •Any changes to the reservation system would be within the range of adaptive management  strategies listed below and would be communicated with the public before implementation E X P E R I E N C E    Y O U R    A M E R I C A Strategies Common to Alternatives B,C, AND D 19 20 11/29/2023 11 N P S ● 2 0 2 3 Strategies Common to Alternatives B, C, AND D Desired Conditions  •Desired conditions are statements of aspiration that  describe resource conditions, visitor experiences and  opportuniƟes, and faciliƟes and services for an area    •Wilderness Designation (95% of the park) provides the first  set of desired conditions – characteristics such as pristine,  natural conditions, opportunity for solitude, unconfined  recreation, and untrammeled Indicators and Thresholds  •Articulates minimally acceptable conditions for key  resources and, if needed, when the park will take corrective  action  Visitor Capacities  •Identifies visitor capacities and actions to manage to those  capacities ‐consistent with 1978 Parks and Recreation Act E X P E R I E N C E    Y O U R    A M E R I C A N P S ● 2 0 2 3 Alternative B: Timed Entry Reservations for Rest of Park and Timed Entry for Bear Lake Road Corridor (Proposed Action and NPS Preferred Alternative) Similar to management under TEPS pilot (2021‐present) Timed entry reservation for Bear Lake Road Corridor  •Visitors would need to arrive during their reservation window Timed entry reservation for the rest of the park •Visitors would need to arrive during their reservation window •Maximizes visitor access by dispersing use spatially and  temporally Expected decrease of approximately 8% in daily visitation  when reservations are in effect compared to alternative A E X P E R I E N C E    Y O U R    A M E R I C A 21 22 11/29/2023 12 N P S ● 2 0 2 3 Timed entry reservations for the Bear Lake Road Corridor •Visitors would need to arrive during their reservation window Rest of park reservations would be daily •Would  allow for arrival anytime on the day of reservation •Reservations would be managed to maintain desired conditions during  high visitor use times of day, limiting total number of reservations  available Expected decrease of approximately 21% in daily visitation  when reservations are in effect compared to alternative A Longs Peak Trailhead •Could implement a limited use or educational permit E X P E R I E N C E    Y O U R    A M E R I C A Alternative C: Daily Reservations for Rest of Park and Timed Entry for Bear Lake Road Corridor N P S ● 2 0 2 3 Alternative D: Temporary Entrance Station Closures for Rest of the Park and Timed Entry for Bear Lake Road Corridor Timed entry reservations for the Bear Lake Road Corridor •Visitors would need to arrive during their reservation window Entrance station closures in the rest of the park •Access for private vehicles on first come first served basis •After a set number of vehicles enters, connected entrance stations  would close •Entrance stations would remain closed until desired conditions could be  maintained with additional visitation •Entrance stations could remain closed for several hours and visitors  would be asked to return at a later time. Queuing would not be  permitted •BLRC reservation holders could still enter the park during reservation  time Expected decrease of approximately 25% in daily visitation when reservations  are in effect compared to alternative A E X P E R I E N C E    Y O U R    A M E R I C A 23 24 11/29/2023 13 N P S ● 2 0 2 3 Summary of Action Alternatives Alternative DAlternative CAlternative B Timed‐Entry for Bear Lake Road CorridorBear Lake Road Corridor Temporary  closures would  be triggered based on the  number of vehicles that  had entered the park for  that day.  Daily Entry for Rest of ParkTimed‐Entry for Rest of  Park Rest of Park Likely less than 6,600  vehicles7,000 vehicles7,300 vehiclesExpected Daily Volume Spontaneous arrivals, but a  reactive system that  is highly unpredictable.  Higher quality visitor  experience, but fewer  visitors have access during  managed periods.  Best at balancing quality of  visitor experience  with quantity of access.  Purpose and Need  Visitor Experience Estimated Vehicle  Entries  Across the Day N P S ● 2 0 2 3 Alternatives And Actions Considered But Dismissed •Stand‐alone Intelligent Transportation System •Expanded infrastructure Parking garage or other lot expansions •Expanded Shuttle Services •Multi‐day reservations  •Daily reservations to the Bear Lake Road Corridor E X P E R I E N C E    Y O U R    A M E R I C A The following alternatives were dismissed from further  analysis because they do not meet the purpose and  need 25 26 11/29/2023 14 N P S ● 2 0 2 3 Affected Environmental Consequences This chapter describes the current and expected future condition of: •visitor use, access, and experience;  •socioeconomics;  •alpine tundra;  •lakeshore and streamside vegetation;  •opportunities for solitude in wilderness;  •and the natural quality of wilderness character. These resources relate to the key issues, and this impact analysis will inform the NPS decision on how to  provide day use visitor access in a way that protects and enhances the park’s fundamental resources and  allows visitors to have high‐quality experiences. N P S ● 2 0 2 3 Impact Topics  Considered But Dismissed From  Detailed Analysis •Air Quality •Soundscapes •Historic Resources •Archeological Resources •Ethnographic Resources •Wilderness Qualities: Untrammeled,  Undeveloped, Other Features of  Value •Wildlife E X P E R I E N C E    Y O U R    A M E R I C A 27 28 11/29/2023 15 N P S ● 2 0 2 3 Introduction4What do YOU  Think? NPS ●2023 29 30 11/29/2023 16 N P S ● 2 0 2 3 We  want to hear from you! Comments on the plan are due December 14, 2023.    To  be most helpful, your comments should address:  1. The purpose and need for action  2. The environmental issues and/or impact topics analyzed  3. Your feedback on the alternatives, including mitigation measures which could reduce  potentially harmful effects; and   4. The information used to describe the affected environment and environmental consequences The NPS specifically asks for your response to the following: Do you have feedback on the accuracy or adequacy of our environmental analysis? Are there opportuniƟes to beƩer explain the alternaƟves and analysis?     See details at: https://parkplanning.nps.gov/ROMO_DUVAS NPS ●202332 Questions? Thank you! 31 32 11/29/2023 17 NPS ●2023 BACK UPS 33 N P S ● 2 0 2 3 Consultation The National Park Service consulted with and  received comments from various agencies,  Traditionally Associated Tribal Nations,  organizations, and interested persons in  preparing this document. The process of  consultation and coordination is an important  part of this project.  33 34 11/29/2023 18 N P S ● 2 0 2 3 0.0 2.0 4.0 6.0 8.0 10.0 12.0 1 2 3 4 5 6 7 8 9 101112131415161718192021222324 Pe r c e n t a g e  of  Da i l y  Ve h i c l e  Vi s i t a t i o n Hour of the Day Alt A Alt B Alt C Alt D N P S ● 2 0 2 3 35 36 11/29/2023 19 N P S ● 2 0 2 3 Screen shot for where the EA is  NPS ●202338 37 38 11/29/2023 20 N P S ● 2 0 2 3 Strategies should consider: 39 Effective DesirableFeasible  N P S ● 2 0 2 3 39 40 11/29/2023 21 N P S ● 2 0 2 3 Instructions for  this virtual meeting Key Controls Raise hand and other  options  N P S ● 2 0 2 3 What we heard from you 42 Noise Crowds/Traffic  Congestion/Full Parking Human Behavior Poorly Maintained  Facilities / Inadequate  points of entry Timed Entry  Reservations Accessibility "What issues most interfere with your desired park experiences" Photo/Jacob Job 41 42 11/29/2023 22 N P S ● 2 0 2 3 What we heard from you Education &  Enforcement More Staffing  and Volunteers Infrastructure  Improvement Timed Entry /  Reservations Parking‐related  options "How can the park better protect resources for future generations?" Shuttles Park/Area Closures Temporary  Vehicle   Restrictions Area Specific  Strategies Increased Fees NPS/Grossman N P S ● 2 0 2 3 What we heard from you Timed Entry /  Reservations Park Staff Volunteers "What is the park doing well to manage these issues that you would like to see continue" Shuttles 43 44 11/29/2023 23 N P S ● 2 0 2 3 45 PUBLIC COMMENT RECEIVED ON 11/27/2023  Board of Trustees Public Comment Name: Brian Denning Stance on Item: Against Agenda Item Title: Environmental Assessment for RMNP's Day Use Visitor Access Plan. Public Comment: Pleased see attached documents. Thanks you File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. Questions for Town Board, Mayor, and RMNP.pdf 63.06KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Hello Mayor and Town Trustees, I am a long time resident and a business owner in Estes Park. Submitted below are my comments on Rocky Mountain National Park’s Environmental Assessment and their plans to use the preferred alternative to permanently implement reservations and restrict access to RMNP. Some questions for the Mayor and Town Board and also I hope you can bring up and ask RMNP the questions below on behalf of the public, regardless of what your own personal views and opinions may be. Thank you. For the Mayor and Town Board: Do you agree with the National Park Service's characterization of the socioeconomic impact on the town of Estes Park from a permanent reservation system, as outlined in section three of the Environmental Assessment? RMNP has conceded that there is no scenario where Estes Park residents or retirees can get any preferred or discounted access to the Park during reservations, even though they acknowledge this is why many people have moved to the area.  What would you say to locals and residents, especially the elderly, who can no longer easily get into the Park when it's convenient for them because of reservations? Does the Town have an official stance/position on permanent timed entry and restrictions? Questions for RMNP: 1. Will visitor capacity under a permanent system be determined by subjective factors as defined by the Interagency Visitor Use Management Council? (IVUM) The attached table from the EA shows specific capacity figures for popular areas of the Park like Wild Basin and Longs Peak that I think would surprise a lot of people. My understanding is that these are based on factors from the IVUM that include things like 'encounter rates in wilderness zones' and 'people per viewshed.' The guidance also suggests capacity is determined by 'desired conditions' which in turn are derived from internally generated 'thresholds' and 'indicators.' In all of the previous pilots, visitor capacity (and the number of reservations) has supposedly been a function of parking places. The EA suggests a massive shift from that to factors opaquely defined by the Park. This could result in even greater restrictions to the Park than any of the pilots so far. If true, people should know that when commenting. If the new Superintendent gets to decide what areas of the Park are open or closed on a daily basis, no matter how well-intentioned his actions, that is a huge departure from the principle that public lands belong to the people. 2. Year round and all day reservations. In three of the four alternatives presented by the Park, the new system, if adopted, would allow reservations to be required ANY day of the year for any time whatsoever (earlier in the day, or later in the day, or earlier in the spring and later in the Fall). In the web Q&A, the Park said it didn't foresee a requirement for reservations year round. However the preferred alternatives would allow it to require a reservation on ANY day of the year, at any time. In practice, that means on weekends like the one upcoming, reservations could be required with little or no notice. The Park described this as a 'flexible' and 'adaptive' management strategy. But I can also see a lot of bewildered and frustrated visitors who come up to Estes Park this weekend, or in mid-February, or any-time really, and find that the rules have changed with no notice. What's the point of planning your visit if the rules governing it can change on a subjective dime? 3. Temporary closures and speci fic area reservations. Does the preferred alternative give Park management the authority to require a reservation for a specific trail, area, or destination, at any time and for any reason? Similarly, does the preferred alternative allow for the 'temporary' closure of any trail, area, or destination for any reason? If so, this too is a vast expansion of the authority to restrict access in any of the previous pilots. And now this authority would be permanent. 4. Special Access and exemption from reservations and timed entry, granted to RMNP authorized guests, and other members of the community and outlying communities. RMNP has has stated there is no preferential treatment for locals or any other visitors. Can RMNP provide an explanation to the Public how this special access without making reservations, is not preferential treatment or discriminatory? Those are the main concerns I had. I should note that the Park has decided that in all cases--of the four alternatives it proposed--restrictions on the Bear Lake corridor are staying. It is misleading to say one of the alternatives is to return to pre-Covid management (first come, first serve). But I think Estes Park residents and those on the Front Range who've moved here to have year-round access to the national park should be fully informed about the scope of the authority to restrict access at any time of year, and for any reason, the Park is asking for. It's a vast expansion of their power that goes beyond what even reasonable people went along with in the pilots. It will have long-term socioeconomic consequences for both RMNP and Estes Park. I hope the Trustees have taken the time to read the EA, especially those sections dedicated to looking at the impact of permanent reservations on gateway communities; their citizens, visitors, and businesses.  Thanks in advance for the attention you can bring to these issues, in your capacity as Mayor, and Trustees, on behalf of the public. Either way, NPS has managed to avoid any in-person, on-the-record Q&A that allows the public to get specific answers to specific questions. Regardless of your personal (or public) views on the necessity and utility of reservations, they should have to answer clear questions about what these changes mean for public access to public lands. Accountability for proposed policy is for everyone.  Respectfully, Brian Denning 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 12-23 Temporary 6-Month Moratorium on New Bed & Breakfast Inn Business Licenses. 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. 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. TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: November 28, 2023 RE: Ordinance 12-23 Temporary Moratorium on New Bed and Breakfast Inn Business Licenses Objective: To consider a second temporary 6-month moratorium for bed & breakfast licenses to allow the Town Board to review options to update the definition and regulations in the Estes Park Municipal Code. Present Situation: Staff presented updated regulations and an ordinance to the Town Board at the November 14, 2023 meeting. The Board tabled the item at the meeting and requested an additional study session to review the matter further. The Board further requested an extension of a previous 6-month moratorium approved May 23, 2023 and expired on November 23, 2023. Proposal: The attached ordinance would establish a second 6-month temporary moratorium on the issuance of bed & breakfast licenses. The moratorium will allow the Board and staff time to prepare revisions to the current language. The moratorium could end prior to the 6 months if the Board takes action on revisions to the code sooner. Advantages: •The moratorium provides time to hold an additional study session and bring forward revised code regulations. Disadvantages: •Current and future applications for bed & breakfasts would not be able to be processed or issued for the next 6 months. Action Recommended: To approve Ordinance 12-23 to establish the moratorium. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the Ordinance 12-23 Attachments 1. Ordinance 12-23 ORDINANCE NO. 12-23 AN ORDINANCE FOR A SIX-MONTH MORATORIUM ON NEW BED AND BREAKFAST INN BUSINESS LICENSES WHEREAS, bed and breakfast inns are a distinct category of business license under the Estes Park Municipal Code, similar to a vacation home but requiring an on-site manager to reside on the premises; and WHEREAS, the Town has extensive regulations for vacation homes and less extensive regulations for bed and breakfast inns; and WHEREAS, the Town is concerned that property owners will begin imminently to attempt to use bed and breakfast inn business licenses for businesses that more closely resemble vacation homes, in order to avoid vacation home regulations; and WHEREAS, the Town therefore faces an urgent need to update its bed and breakfast inn business license regulations to ensure they are applied in a way that matches the Town’s intent for the category; and WHEREAS, the Town previously enacted a temporary moratorium, effective May 23, 2023, to give it the opportunity to update its bed and breakfast inn regulations, and the update is not yet complete; and WHEREAS, the Town desires to enact a second temporary moratorium, effective November 23, 2023, to give it the opportunity to update its bed and breakfast inn regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Effective beginning November 23, 2023, and continuing until May 23, 2024 or until earlier terminated by the Board of Trustees, the Town shall neither accept nor process applications for new bed and breakfast inn business licenses as described in chapter 5.20 of the Municipal Code, nor issue new such licenses. Any required renewals of existing licenses may occur as provided in the Code. The purpose of this moratorium is to allow the Town time to develop new regulations for bed and breakfast inns. Any application for a bed and breakfast inn business license pending as of November 23, 2023 or at any time during this moratorium carries with it no right to approval under preexisting regulations. If ordinances change while such an application is pending, the application would be evaluated under the terms of the new ordinances. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. 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 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 FINANCE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeremy Creamean, Finance Director Date: 11-28-2023 RE: Policy 603 - Utility Fee Amortization (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: To facilitate the support of essential community needs, staff proposes a policy that permits the amortization of utility fees. Present Situation: The Town Board of Trustees is committed to supporting essential community needs such as attainable and workforce housing, assisted living, public-sector projects, and health care services. In certain situations, the Town can support these essential community needs with an option to amortize water system development and water rights fees over time. Proposal: Staff proposes the policy to limit the eligible entities and developments, limit the eligible projects and limit minimum project/fee amount to be amortized. Advantages: • Incentivizes startup or expansion of essential community needs. • Supports community members who benefit from these essential community goods and services. Disadvantages: • Additional workload of tracking payments; however, finance has existing payment processes and procedures which can be expanded to accommodate the amortization of utility fees. • Delayed funding of water system capital improvement projects; however, we anticipate the eligibility requirements will be limited and have no measurable impact on Capital Improvement Plans. Action Recommended: The staff recommends the adoption of the attached policy, which outlines the criteria, procedure, and terms and conditions for the eligible amortization of utility fees. Finance/Resource Impact: 503-0000-349.60-01, Plant Development Fees 503-0000-349.60-05, Water Rights Fee Spreads out revenues in the above accounts from certain connections over a number of years (5 or 10, depending on the project), reducing revenue in the first year applicable to the connection, and increasing in future periods for that specific connection. Interest will be charged to the developer. Level of Public Interest Low Sample Motion: I move for the approval/denial of proposed policy 603 – Utility Fee Amortization. Attachments: 1. Finance Department Policy 603, Utility Fee Amortization Policy 603 - Fee Amortization 11/28/2023 Town of Estes Park, Finance Dept. Page 1 of 3 Document Title Revisions: 0 Effective Period: Until Superseded Review Schedule: Biennially- Summer Effective Date: 01/01/2023 References: N/A FINANCE DEPARTMENT 603 Utility Fee Amortization 1.PURPOSE To establish a policy for amortization of Utilities fees in support of essential community needs. 2.POLICY a.It is the policy of the Town Board of Trustees to support essential community needs including attainable and workforce housing, assisted living, public-sector projects, and health care services by amortizing certain fees assessed by the Utilities Department. The Comprehensive Plan may be consulted as a guide in more specifically identifying these community needs. b.Only Water System Development and Water Rights fees (i.e., tap fees) shall be eligible for amortization. c.Fee amortization is a privilege granted at the discretion of the Town, not a right or entitlement, in connection with any given development project or proposal. 3.CRITERIA a.The following entities and developments may be eligible for amortization: i.Governmental unit construction (federal, state, county, local); including tax districts/special districts (e.g., hospital, library, parks and recreation); ii.Organizations providing low-income health and human services; iii.Attainable or workforce housing secured by a deed restriction or restrictive covenant, as defined in section 11.4(C) of the Estes Park Development Code, or Policy 227; and iv.Developments transitioning to Town water service from other sources of water supply. b.The following criteria will be used to qualify low-income health and human services, and attainable or workforce housing projects: i.A critical service is being provided; ii.The permitted project or building will serve or support a currently underserved or disadvantaged segment of the community; and iii.The population being served is the general public and is not subject to any pre-qualification other than a needs-based (attainability) qualification, or (in the case of housing) a local employment (workforce) qualification; c.Amortization requests shall not be considered or approved where any total tap fees are less than fifty thousand dollars ($50,000), due to the administrative cost of carrying the obligation instrument for small amounts. ATTACHMENT 1 Policy 603 - Fee Amortization 11/28/2023 Town of Estes Park, Finance Dept. Page 2 of 3 Document Title Revisions: 0 d. It is not the policy of the Town of Estes Park to routinely amortize fees for projects meeting the above criteria. These projects may request amortization by submittal of a written request to the Utilities Department per section 4. The Board of Trustees will hear the request and may choose to amortize some or all fees based on the merits of the request and budget feasibility. 4. PROCEDURE a. Potential applicants are highly encouraged to discuss their requests, including anticipated fee amounts and due dates, with the Utilities Department before submitting requests. Requests shall be filed as follows: i. The requestor will submit their request to the Utilities Department via email in the form of a letter, preferably on letterhead stationery, to the Utilities Department, attention: Director. ii. Letters should state specifically the amount of the fees requested for amortization and the time period over which the requestor wishes the fees amortized (5 or 10 years). Applicants should not expect the amortization amount based on the design drawing to increase when a project’s as-built construction results in a larger final tap fee calculation. Once approved by the Town Board, the amount financed and amortized is set and cannot be changed without subsequent Town Board action, regardless of the subsequent changes in the final tap fee paid. The letter should also explain the public purpose behind the amortization request, with reference to the criteria in this Policy (Sec. 3.). b. An amortization agreement shall be reviewed by the Finance Director for each amortization request or requested amendment thereof prior to the request’s scheduling for consideration by the Board of Trustees. c. Town staff will schedule the request for consideration by the Board of Trustees, and notify applicants of the scheduling. d. Any amortization agreement must be in final form (ready for execution) and provided to the Board of Trustees prior to the amortization decision, along with the recommendations of relevant departments. e. It is the responsibility of the requestor to demonstrate that the request meets the criteria of section 3 of this policy. f. All fee amortization requests, and associated amortization agreements, shall be submitted to and acted upon by the Board of Trustees prior to payment of the fee(s) to which the amortization request pertains. No fee amortization or subsidy shall be approved if such amortization or subsidy would require a refund, reimbursement, or credit of a fee already paid and deposited. g. Disposition (approval, denial, approval for partial funding, etc.) of the request shall be communicated to the applicant via letter from the Finance Department, along with executed note(s) or other financing instrument(s) as applicable. 5. TERMS AND CONDITIONS: a. The following general requirements shall be applicable to each amortization request: i. The amortization period shall be either five (5) or ten (10) years for any given project, as requested by the applicant and approved by the Town in its sole discretion. ii. Annual amortization principal and interest payment terms shall be determined by the Town and detailed in the agreement. Interest rates shall be informed by Policy 603 - Fee Amortization 11/28/2023 Town of Estes Park, Finance Dept. Page 3 of 3 Document Title Revisions: 0 market conditions. iii. Amortization shall be straight-line, and shall not balloon. iv. In the event any annual payment of principal and/or interest is not made in full on or before its due date, the remaining balance of delinquent principal and accrued interest shall bear defaulting interest at a charge of one and one-half percent (1.5%) per month on the amount due until the annual payment, accrued interest, and defaulting interest is paid in full. This shall be reflected in the amortization agreement. v. All fee charges under the amortization agreement shall be charged against the Owner, shall be a lien upon the Property to the extent permitted by law, and shall be a perpetual charge against the Property until paid in full. This shall be reflected in the amortization agreement. vi. The amortization agreement shall not impair any other liens for any unpaid water service charges for water service to the Property, or the Town’s right to terminate water service to the Property for non-payment of utility charges on the monthly utility bills. vii. An amortization agreement shall run with the property. Failure of an applicant or applicant’s successor in interest to complete a project or to receive a Certificate of Occupancy shall not relieve the applicant or successor of the obligations in the agreement. Approved: _____________________________________ Mayor ____________________________________ Date Document Title Policy 603 – Utility Fee Amortization 11/28/2023 Revisions: 0 Finance Page 1 of 3 Effective Period: Until Superseded Review Schedule: Biennially- Summer Effective Date: 11/28/2023 References: Governing Policies Manual 2.1.8, 3.3, 3.4 FINANCE DEPARTMENT 603 Utility Fee Amortization 1.PURPOSE To establish a policy for amortization of Utilities fees in support of essential community needs. 2.POLICY a.It is the policy of the Town Board of Trustees to support essential community needs including attainable and workforce housing, assisted living, public-sector projects, and health care services by amortizing certain fees assessed by the Utilities Department. The Comprehensive Plan may be consulted as a guide in more specifically identifying these community needs. b. Only Water System Development and Water Rights fees (i.e., tap fees) shall be eligible for amortization. c.Fee amortization is a privilege granted at the discretion of the Town, not a right or entitlement, in connection with any given development project or proposal. 3.CRITERIA a.The following entities and developments may be eligible for amortization: i.Governmental unit construction (federal, state, county, local); including tax districts/special districts (e.g., hospital, library, parks and recreation); ii.Organizations providing low-income health and human services; iii.Attainable or workforce housing secured by a deed restriction or restrictive covenant, as defined in section 11.4(C) of the Estes Park Development Code, or Policy 227; and iv.Developments transitioning to Town water service from other sources of water supply. b.The following criteria will be used to qualify low-income health and human services, and attainable or workforce housing projects: i.A critical service is being provided; ii.The permitted project or building will serve or support a currently underserved or disadvantaged segment of the community; and iii.The population being served is the general public and is not subject to any pre-qualification other than a needs-based (attainability) qualification, or (in the case of housing) a local employment (workforce) qualification; c.Amortization requests shall not be considered or approved where any total tap fees are less than fifty thousand dollars ($50,000), due to the administrative cost of carrying the obligation instrument for small amounts. UPDATED WITH BOARD CHANGES 2023-11-28 Document Title Policy 603 – Utility Fee Amortization 11/28/2023 Revisions: 0 Finance Page 2 of 3 d. It is not the policy of the Town of Estes Park to routinely amortize fees for projects meeting the above criteria. These projects may request amortization by submittal of a written request to the Utilities Department per section 4. The Board of Trustees will hear the request and may choose to amortize some or all fees based on the merits of the request and budget feasibility. 4. PROCEDURE a. Potential applicants are highly encouraged to discuss their requests, including anticipated fee amounts and due dates, with the Utilities Department before submitting requests. Requests shall be filed as follows: i. The requestor will submit their request to the Utilities Department via email in the form of a letter, preferably on letterhead stationery, to the Utilities Department, attention: Director. ii. Letters should state specifically the amount of the fees requested for amortization and the time period over which the requestor wishes the fees amortized (5 or 10 years). Applicants should not expect the amortization amount based on the design drawing to increase when a project’s as-built construction results in a larger final tap fee calculation. Once approved by the Town Board, the amount financed and amortized is set and cannot be changed without subsequent Town Board action, regardless of the subsequent changes in the final tap fee paid. The letter should also explain the public purpose behind the amortization request, with reference to the criteria in this Policy (Sec. 3.). b. An amortization agreement shall be reviewed by the Finance Director for each amortization request or requested amendment thereof prior to the request’s scheduling for consideration by the Board of Trustees. c. Town staff will schedule the request for consideration by the Board of Trustees, and notify applicants of the scheduling. d. Any amortization agreement must be in final form (ready for execution) and provided to the Board of Trustees prior to the amortization decision, along with the recommendations of relevant departments. e. It is the responsibility of the requestor to demonstrate that the request meets the criteria of section 3 of this policy. f. All fee amortization requests, and associated amortization agreements, shall be submitted to and acted upon by the Board of Trustees prior to payment of the fee(s) to which the amortization request pertains. No fee amortization or subsidy shall be approved if such amortization or subsidy would require a refund, reimbursement, or credit of a fee already paid and deposited. g. Disposition (approval, denial, approval for partial funding, etc.) of the request shall be communicated to the applicant via letter from the Finance Department, along with executed note(s) or other financing instrument(s) as applicable. 5. TERMS AND CONDITIONS: a. The following general requirements shall be applicable to each amortization request: i. The amortization period shall be either five (5) or ten (10) years for any given project, as requested by the applicant and approved by the Town in its sole discretion. ii. Annual amortization principal and interest payment terms shall be determined by the Town and detailed in the agreement. Interest rates shall be informed by Document Title Policy 603 – Utility Fee Amortization 11/28/2023 Revisions: 0 Finance Page 3 of 3 market conditions. iii. Amortization shall be straight-line, and shall not balloon. iv. In the event any annual payment of principal and/or interest is not made in full on or before its due date, the remaining balance of delinquent principal and accrued interest shall bear defaulting interest at a charge of one and one-half percent (1.5%) per month on the amount due until the annual payment, accrued interest, and defaulting interest is paid in full. This shall be reflected in the amortization agreement. v. All fee charges under the amortization agreement shall be charged against the Owner, shall be a lien upon the Property to the extent permitted by law, and shall be a perpetual charge against the Property until paid in full. This shall be reflected in the amortization agreement. vi. The amortization agreement shall not impair any other liens for any unpaid water service charges for water service to the Property, or the Town’s right to terminate water service to the Property for non-payment of utility charges on the monthly utility bills. vii. An amortization agreement shall run with the property. Failure of an applicant or applicant’s successor in interest to complete a project or to receive a Certificate of Occupancy shall not relieve the applicant or successor of the obligations in the agreement. Approved: _____________________________________ Mayor NOVEMBER 28, 2023 Date Property Tax Options SENATE BILL 23B-1 •For residential property owners, SB23B-1 exempts $55,000 from taxation and lowers the residential assessment rate from 6.765 to 6.7% •Similar to Prop HH •No changes to commercial assessments PRESENTATION TITLE 2 SB 23B-1 TIMELINE January 3, 2024 January 10, 2024 January 17, 2024 January 24, 2024 Assessor’s office to provide updated certification of values Mill levy due to the Board of County Commissioners Board of County Commissioners required to approve mill levies Assessor’s office to deliver tax warrant to the Treasurer’s office 3 ESTIMATED IMPACT OF SB 23B-1 ON TOWN OF ESTES PARK TAX REVENUE Without SB 23B-1 With SB 23B -1 2023 Actual Value $3,418,970,400 $3,418,970,400 2023 Estimated Assessed Valuation $346,492,243 $334,950,164 Town of Estes Park Tax Rate (mills) 1.822 1.822 Estimated Property Tax Revenue $631,309 $610,279 Note: Assessed Valuation uses the $50,000 exemption from Prop HH. Updated AV for the SB 23B-1 $55,000 exemption is not available until January 3, 2024.4 ESTIMATED IMPACT OF SB 23B-1 ON TOWN OF ESTES PARK RESIDENTIAL TAXPAYER Without SB 23B-1 With SB 23B -1 2023 Actual Value $800,900 $745,900 2023 Estimated Assessed Valuation $54,181 49,975 Residential Property owner total tax rate (mills)76.365 76.365 Estimated Property Tax Bill $4,138 $3,816 Note: Certain taxing districts may have to reduce mills by state law. This estimate assumes the same mill rate as prior year. 5 SCENARIOS FOR ADDITIONAL TAX RELIEF PRESENTATION TITLE 6 2022 Assessment, plus new construction 2022 Assessment, plus new construction and inflation 2022 Assessed Valuation $249,402,084 $249,402,084 2023 New Construction $2,399,431 $2,399,431 Total 2022 AV Plus 2023 New Construction $251,801,515 $251,801,515 Inflation adjustment 0 12.9% Adjusted AV $251,801,515 $284,283,910 Current Town of Estes Park Tax Rate (mills) 1.822 1.822 Targeted Property tax revenue $458,782 $517,965 2023 Estimated Assessed Valuation (see note)$334,950,164 $334,950,164 Effective Mill Rate of Targeted Property Tax Revenue 1.370 1.546 Temporary Credit Needed 0.452 0.276 Estimated Property Tax Revenue After Temporary Credit $458,882 $517,833 Note: Because the 2023 Estimate is based on the $50,000 Prop HH actual value exemption instead of the $55,000 SB 23B-1 exemption, the AV estimate is higher than it will likely be when the final AV is published by the Assessor’s Office in January 7 FUTURE CONSIDERATIONS •During the special session, House Bill 23B-1003 also passed. The purpose of this bill is to form a task force at the state level to look at “permanent and sustainable” changes to property taxation throughout the State. •This task force is to come up with legislation for the General Assembly to consider next year or a 2024 ballot measure. 8 QUESTIONS? PRESENTATION TITLE 9 THANK YOU 10 TOWN CLERK Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: November 28, 2023 RE: Town Board Compensation Present Situation: At the October 24, 2023 study session, staff presented an option to codify Town Board compensation adjustments utilizing the Consumer Price Index (CPI) for Denver- Boulder-Greeley for the previous two years using October figures. During this discussion the Board requested a review of the compensation for market communities. Proposal: Staff has compiled the most recent CML data for the market communities. This information will be reviewed during the meeting in more detail; however, upon first glance it appears the Town is in alignment with other market communities of similar size and even in alignment with larger communities along the front range such as Erie, Lafayette, Loveland, and Superior. Staff would recommend bringing forward a proposed ordinance at the December 12, 2023 meeting to consider codifying the adjustment to Board compensation using CPI. Advantages: • The Board salaries for the newly elected Board members would be set for the upcoming election. • The proposed ordinance would provide a mechanism for increasing compensation. Disadvantages: • CPI may not adequately address increases in benefit cost and will need to be reviewed prior to each adjustment and Board election. Finance/Resource Impact: Any change to the Board’s salaries would increase the overall Legislative budget and corresponding taxes and retirement costs. Level of Public Interest: Low. Attachment: 1. Compensation Comparison Charts Board Compensation Using Market Communities (Estimated) Municipality Mayor Mayor ProTem Trustee Annual Budget Population Arvada $18,000/year $15,000/year $13,800/year 319,493,084 124,402 Aspen $39,900/year $20,000/year 222,931,571 6,871 Avon $12,000/year $9,000/year $6,000/year 59,039,180 6,072 Black Hawk $11,200.44/year $11,200.44/year 29,017,732 128 Boulder $239.40/per meeting $239.40/per meeting $239.40/per meeting 513,500,000 104,175 Breckenridge $18,000/year $14,400/year 132,000,000 5,024 Broomfield $21,000/year $13,200/year $14,400/year 457,500,000 75,325 Durango $13,404/year $10,404/year 74,000,000 19,223 Erie $12,000/year $10,000/year $10,000/year 48,600,000 31,686 Estes Park $13,500/year $11,500/year $10,000/year 87,900,000 6,362 Firestone $4,200/year $3,600/year $3,600/year 18,764,099 17,299 Fort Collins $15,168/year $10,104/year 827,000,000 168,538 Greeley $14,393/year $9,600/year 367,000,000 109,323 Lafayette $13,120/year $10,138/year $9,542/year 81,000,000 31,002 Longmont $18,000/year $12,000/year 444,500,000 100,758 Louisville $13,968/year $11,664/year $11,664/year 87,600,000 20,975 Loveland $12,000/year $9,600/year $7,200/year 442,100,000 77,194 Mead $4,992/year $3,600/year $3,600/year 44,000,000 5,336 Northglenn $14,144/year $11,627/year $10,109/year 70,000,000 37,333 Snowmass Village $26,400/year $20,400/year 720,000,000 3,093 Steamboat Springs $15,807/year $13,852/year $11,869/year 56,000,000 13,390 Superior $13,200/year $10,800/year $10,800/year 43,600,000 13,271 Telluride $23,316/year $14,916/year 41,600,000 2,595 Thornton $24,000/year $21,000/year $18,000/year 554,857,276 142,610 Vail $12,000/year $7,500/year 89,400,000 4,735 Westminster $19,176/year $16,440/year $13,704/year 397,000,000 114,561 Compensation data was collected from the Colorado Municipal League Compensation Survey System. ATTACHMENT 1 Mayor Annualized Salary - Low to High City Mayor Population Total Operating Budget in Millions Firestone $4,200 17,299 18.7 Mead $4,992 5,336 44 Black Hawk $11,200 128 29 Erie $12,000 31,686 48.6 Avon $12,000 6,072 59 Loveland $12,000 77,194 442.1 Vail $12,000 4,735 89.4 Boulder $12,449 104,175 513.5 Lafayette $13,120 31,002 87 Superior $13,200 13,271 43.6 Durango $13,404 19,223 74 Estes Park $13,500 6,362 48.6 Louisville $13,968 20,975 87.6 Northglenn $14,144 37,333 70 Greeley $14,393 109,323 367 Fort Collins $15,168 168,538 827 Steamboat Springs $15,807 13,390 56 Arvada $18,000 124,402 319.5 Breckenridge $18,000 5,024 132 Longmont $18,000 100,758 444.5 Westminster $19,176 114,561 397 Broomfield $21,000 75,325 457.5 Telluride $23,316 2,595 41.6 Thornton $24,000 142,610 554.8 Snowmass Village $26,400 3,093 720 Aspen $39,900 6,871 222.9 Average $15,974 *Municipalities marked with a black solid line indicate the average. $1,000 $6,000 $11,000 $16,000 $21,000 $26,000 $31,000 $36,000 Firestone Mead Black Hawk Erie Avon Loveland Vail Boulder Lafayette Superior Durango Estes Park Louisville Northglenn Greeley Fort Collins Steamboat Springs Arvada Breckenridge Longmont Westminster Broomfield Telluride Thornton Snowmass Village Aspen Annualized Salary - Low to High Mayor Mayor ProTem Annualized Salary - Low to High City Mayor Pro Tem Population Total Operating Budget in Millions Aspen 6,871 222.9 Black Hawk 128 29 Breckenridge 5,024 132 Durango 19,223 74 Greeley 109,323 367 Fort Collins 168,538 827 Longmont 100,758 444.5 Telluride 2,595 41.6 Snowmass Village 3,093 720 Vail 4,735 89.4 Firestone $3,600 17,299 18.7 Mead $3,600 5,336 44 Avon $9,000 6,072 59 Loveland $9,600 77,194 442.1 Erie $10,000 31,686 48.6 Lafayette $10,138 31,002 87 Superior $10,800 13,271 43.6 Estes Park $11,500 6,362 48.6 Northglenn $11,627 37,333 70 Louisville $11,664 20,975 87.6 Boulder $12,449 104,175 513.5 Broomfield $13,200 75,325 457.5 Steamboat Springs $13,852 13,390 56 Arvada $15,000 124,402 319.5 Westminster $16,440 114,561 397 Thornton $21,000 142,610 554.8 Average $11,467 *Municipalities marked with a black solid line indicate the average. Communities without Mayor Pro Tem salary did not distinguish the role within the CML data. $3,000 $5,000 $7,000 $9,000 $11,000 $13,000 $15,000 $17,000 $19,000 Aspen Black Hawk Breckenridge Durango Greeley Fort Collins Longmont Telluride Snowmass Village Vail Firestone Mead Avon Loveland Erie Lafayette Superior Estes Park Northglenn Louisville Boulder Broomfield Steamboat Springs Arvada Westminster Thornton Annualized Salary - Low to High Mayor Pro Tem Trustees Annualized Salary - Low to High City Trustee Population Total Operating Budget in Millions Firestone $3,600 17,299 18.7 Mead $3,600 5,336 44 Avon $6,000 6,072 59 Loveland $7,200 77,194 442.1 Vail $7,500 4,735 89.4 Greeley $9,600 109,323 367 Lafayette $9,542 31,002 87 Erie $10,000 31,686 48.6 Estes Park $10,000 6,362 48.6 Fort Collins $10,104 168,538 827 Northglenn $10,109 37,333 70 Durango $10,404 19,223 74 Superior $10,800 13,271 43.6 Black Hawk $11,200 128 29 Louisville $11,664 20,975 87.6 Steamboat Springs $11,869 13,390 56 Longmont $12,000 100,758 444.5 Boulder $12,449 104,175 513.5 Westminster $13,704 114,561 397 Arvada $13,800 124,402 319.5 Breckenridge $14,400 5,024 132 Broomfield $14,400 75,325 457.5 Telluride $14,916 2,595 41.6 Thornton $18,000 142,610 554.8 Snowmass Village $20,400 3,093 720 Aspen $20,000 6,871 222.9 Average $11,433 *Municipalities marked with a black solid line indicate the average. $3,000 $5,000 $7,000 $9,000 $11,000 $13,000 $15,000 $17,000 $19,000 Firestone Mead Avon Loveland Vail Greeley Lafayette Erie Estes Park Fort Collins Northglenn Durango Superior Black Hawk Louisville Steamboat Springs Longmont Boulder Westminster Arvada Breckenridge Broomfield Telluride Thornton Snowmass Village Aspen Annualized Salary - Low to High Trustee Population Comparisons Population Total Operating Budget in Millions Mayor Mayor Pro Tem Trustee Aspen 6,871 223 $39,900/year $20,000/year Estes Park 6,362 88 $13,500/year $11,500/year $10,000/year Avon 6,072 59 $12,000/year $9,000/year $6,000/year Mead 5,336 44 $4,992/year $3,600/year $3,600/year Breckenridge 5,024 132 $18,000/year $14,400/year Budget Comparisons Total Operating Budget in Millions Population Estes Park 88 6,362 $13,500/year $11,500/year $10,000/year Vail 89 4,735 $12,000/year $7,500/year Louisville 88 20,975 $13,968/year $11,664/year $11,664/year Lafayette 81 31,002 $13,120/year $10,138/year $9,542/year Durango 74 19,223 $13,404/year $3,600/year $10,404/year Town of Estes Park Board Salary Comparisons Board Salary Ordinance 32-19 : Ɣ Board member elected in April 2020 ż Mayor - $12,000 ż Mayor Pro Tem - $10,000 ż Trustee - $9,000 Ordinance 17-21 : Ɣ Board member elected in April 2022 ż Mayor - $13,500 ż Mayor Pro Tem - $11,500 ż Trustee - $10,000 Market Communities Under 20,000 population Under 100,00 population Over 100,000 population Codifying Board Salaries By CPI Ɣ CPI Calculations ż October 2021/October 2022 Ŷ $10,000 $10,774 Ŷ $11,500 $12,390 Ŷ $13,500 $14,546 ż October 2022/September 2023 Ŷ $10,774 $11,123 Ŷ $11,500 $12,802 Ŷ $13,500 $15,073 Ɣ Round up to the nearest $100. ż $11,200 ż $12,800 ż $15,100 Questions ? Town Board Insurance Premiums Ɣ Family Monthly/Annual Premiums Year Premium Percent Change 2020 $444.55 / $5,334.60 N/A 2021 $444.55 / $5,334.60 0% 2022 $462.50 / $5,550.00 3.88% 2023 $485.63 / $5,827.56 4.76% 2024 $524.48 / $6,293.76 7.41% Percent of annual compensation devoted to a family medical premium Ɣ 2021 - 59% Ɣ 2022 - 62% or 56% for newly elected Ɣ 2023 - 65% or 58% for newly elected