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HomeMy WebLinkAboutPACKET Town Board 2024-11-12The 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 12, 2024 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). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills - https://dms.estes.org/WebLink/browse.aspx?id=253208. 2. Town Board Budget Study Session Minutes dated October 9, 2024 and Town Board Meeting and Study Session Minutes dated October 22, 2024. 3.Transportation Advisory Board Minutes dated September 18, 2024 (acknowledgment only) Prepared 2024-11-01 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. ACTION ITEMS: 1.PUBLIC HEARING – 2025 PROPOSED BUDGET. Director Hudson & Manager Garcia. Highway User’s Trust Fund. Resolution 80-24 Setting the Mill Levy. Resolution 81-24 Adopting the 2025 Budget. Resolution 82-24 Appropriating Sums of Money for 2025. Capital Improvements Plan 2025-2029. 2.LETTER OF INTENT TO PARTICIPATE IN LARIMER COUNTY'S HAZARD MITIGATION PLAN UPDATE. Town Administrator Machalek. Consideration of notice of the Town's intent to participate in Larimer County's multi- jurisdictional Hazard Mitigation Plan. REPORTS AND DISCUSSION ITEMS: 1.NOISE ORDINANCE. Town Administrator Machalek. Continued discussion of updates to the Town's noise ordinance. ADJOURN. Town of Estes Park, Larimer County, Colorado, October 22, 2024 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 22nd day of October, 2024. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – SISTER CITIES INTERNATIONAL DAY. The Mayor proclaimed October 14, 2024 as Sister Cities International Day and recongized the sister city relationship the Town has with Monteverde, Costa Rica. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town resident recognized the passing of Gordon MacAlpine and condolences to former Trustee Barbara MacApline. He commented the Board should consider not hearing public comment at the study sessions. Jim and Ruth Kelly/Town resident requested the Board consider adopting an enforceable and measurable noise ordinance similar to Larimer County or other mountain towns in Colorado. John Guffey/Town resident read a portion of a paper he wrote on biocentric theology related to ecological connection and how wilderness fits into our plans and equality to best sustain life on this planet. TRUSTEE COMMENTS. Board comments were heard and have been summarized: the Estes Park Housing Authority has a conditional contract to acquire property between Hwy 7 and Stanley Avenue; a new session of the BASE program has begun; Trustee Brown reviewed his position on the noise ordinance, the items the Board has agreed on and items still to be discussed by the Board such as aligning the Town’s ordinance with the state; attended the Mountain Town 2030 conference to discuss climate solutions; reminded citizens to vote this November; Sister Cities continues to look for additional members; the Town would receive grant funding from PRPA for battery storage in Estes Park to store renewable energy produced in the valley; the Larimer County tax for road improvements on the November ballot, if passed, would fund two projects in Estes Park on either end of Mall Road; commented it may be time to move the Post Office out of downtown; reminded citizens that the budget process begins early next year, continues throughout the year with the development of the strategic plan, and culminates in the presentation of the DR A F T Board of Trustees – October 22, 2024 – Page 2 budget for Town Board approval; and thoughts and prayers were extended by the Board for Barbara MacAlpine’s loss. TOWN ADMINISTRATOR REPORT. POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3. Town Administrator Machalek reported on Board Policy Policy 3.3 and reported full compliance. CONSENT AGENDA: 1. Bills. 2. Town Board Meeting and Study Session Minutes dated October 8, 2024. 3. Estes Park Planning Commission minutes dated September 17, 2024 (acknowledgment only). 4. Resolution 77-24 Approving Contract for Planning a New Raw Waterline to Marys Lake Water Treatment Plant, $190,000 Budgeted. 5. Resolution 78-24 2025 Annual Workforce Housing and Childcare Funding Plan. 6. Letters of Support for three Colorado Department of Transportation (CDOT) Multimodal Transportation and Mitigation Options Fund (MMOF) Grant Applications: • Moraine Avenue Trail Design • Trolley Facility • Transit Operations 7. Letter of Support to Upper Front Range Transportation Planning Region & CDOT for the Safe Routes to School Grant Application toward the Community Drive Multi-Use Trail North Segment. 8. Acceptance of Town Administrator Policy Governance Monitoring report. It was moved and seconded (Younglund/Cenac) to approve the Consent Agenda with the removal of Item 4, and it passed unanimously. Consent Agenda Item 4 - Resolution 77-24 Approving Contract for Planning a New Raw Waterline to Marys Lake Water Treatment Plant, $190,000 Budgeted. Staff requested removal of the item to report a reduction in the cost of the project to $150,000 due to a reduction in the scope of the work to be completed. It was moved and seconded (Hazelton/Cenac) to approve Resolution 77-24 with the modification of the contract amount to $150,000, and it passed unanimously. ACTION ITEMS: 1. PUBLIC HEARING – 2025 PROPOSED BUDGET. Director Hudson presented the proposed 2025 budget, including the intended uses of the Highway Users Trust Fund (HUTF) revenues received by the State of Colorado. The 2025 sales tax projections have been set at the 2023 actual revenues. The Town has experienced a decline in sales tax collection in 2024 with the leading indicators suggesting a recover has begun after the Alexander Mountain wildfire closures and the Loop construction earlier this year. The General Fund currently projects an ending fund balance of 25.3% at the end of 2025, meeting the reserve requirements outlined in Finance Policy 660. HUTF estimated revenues of $275,000 would be used to fund Street Division activities related to streetlights, traffic signs, street maintenance, and other qualifying street expenditures. Public comment was heard and has been summarized: Ravit Michener/Town resident and Victory Endsley/Town resident advocated for the reinstatement of base funding for the Estes Park Arts District to invest in arts within the community. Collen DR A F T Board of Trustees – October 22, 2024 – Page 3 DePasquale/Estes Chamber of Commerce President requested base funding be maintained in 2025 for the EDWC programs. Cato Kraft/Estes Nonprofit Network Executive Director and Caity Leeds/Estes Nonprofit Network Board Member requested the Board reconsider the base funding of $65,000 in 2025 due to the significant return the nonprofits generate throughout the valley. John Guffey/Town resident suggested the Town consider the ecological and cultural values when developing and approving the budget. Town Board discussion, questions and comments have been summarized: requests from entities tied to other taxing districts such as the School District and the Estes Park Friends of the Museum may be viewed as a redistribution of public tax funds without public input, and therefore, should not be consider through the community funding initiative; thanked staff for the effort in preparing the budget and commended staff in meeting the policy guidelines in the development of the 2025 proposed budget; the proposed community initiative funding remains a philosophical issue and not a policy issue as to how to allocate funds; questioned whether or not the Town had a commitment to fund the EDWC; concern was heard on tripling the investment in the Estes Nonprofit Network to eliminate the entity’s efforts in applying for other funding sources; and support was heard amongst the Board to increase funding for the Arts District to 2024 levels and review ongoing funding for the EDWC in 2026. After further conversation, it was moved and seconded (Hazelton/Cenac) to continue the public hearing for the 2025 Budget to the November 12, 2024 meeting, and it passed unanimously. 2. RESOLUTION 79-24 GRANTING TOWN STAFF SIGNATURE AUTHORITY FOR COLORADO’S ADVANCE-BROADBAND EQUITY, ACCESS AND DEPLOYMENT (BEAD) PROGRAM. Director Bergsten stated Power and Communications has completed 90% of the build out of the fiber optic infrastructure for Trailblazer Broadband within the power distribution area. The remaining 10% contain areas with the highest construction cost per customer location and the fewest customers per mile of fiber optic infrastructure. The Infrastructure Investment and Jobs Act (IIJA) allocated $42.5 billion to the Telecommunications and Information Administration (NTIA) for the Broadband Equity, Access, and Deployment (BEAD) Program. Colorado was awarded a portion of these funds to be distributed through a competitive grant program which requires a 25% match. The Town’s application would request $6 - $8 million for the project requiring $1.5 - $2 million in matching funds which exceeds staff approval levels. In addition, the application requires a Signature Authority be identified who has the authority to obligate and enter into contracts for the Town, knowledgeable about the proposed project(s), and can answer questions related to both the Town and the applications. The proposed resolution would provide this authority to the Town Administrator or his designee as outlined in the resolution. If awarded the grant(s), staff would present the grant agreement(s) to the Town Board for consideration and appropriation of matching funds. Trustee Brown raised concern with the cost to provide services outside town limits and suggested a differential rate for these customers be explored. It was moved and seconded (Hazelton/Younglund) to approve Resolution 79-24, and it passed unanimously. 3. ORDINANCE 15-24 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE TO REMOVE RESIDENTIAL OCCUPANCY LIMITS IN ACCORDANCE WITH STATE LAW. Director Careccia presented the ordinance that would align the Town’s Development Code with the new Colorado State Statute (29- 20-111 C.R.S.) that went into effect on July 1, 2024 which prohibits local governments from limiting the number of people who may live together in a single dwelling, unless such occupancy limits are based on demonstrated health and safety standards, such as those established in building or fire codes, water and wastewater environmental quality standards, or on affordable housing program guidelines. The proposed amendments would removal all occupancy restrictions within the Development Code. This change would bring the Town in alignment with the state statutes; however, staff would have limited recourse to address future overcrowding issues. One method of recourse would be to enforce parking limitations as established with the Development Code which limits outside parking of no more than four vehicles parked on a residential DR A F T Board of Trustees – October 22, 2024 – Page 4 lot of two acres or less. After further discussion, it was moved and seconded (Igel/Cenac) to approve Ordinance 15-24, with Trustee Brown voting “No”. 4. ORDINANCE 16-24 AMENDING SECTIONS 3.2. 3.15 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE PERTAINING TO PUBLIC NOTIFICATION REQUIREMENTS AND SUBMITTAL REQUIREMENTS. Senior Planner Hornbeck stated the proposed ordinance would bring various minor issues related to public notice requirements in the Development Code up to date with current practices and remove inconsistencies with code timelines by requiring 15-day notice for all public notices such as the newspaper, mailing to surrounding property owners, and posting and field staking the subject property. Notification to adjacent property owners would be simplified by amending the code to require all properties within 500 feet of the subject property to receive notice. The code would be further clarified to require neighborhood meetings for rezonings only and not for text amendments. The ordinance would also address modifications to the application submittal requirements to address current practices and eliminate out of date requirements such as the submittal of mylars. Kristine Poppitz/County resident stated agreement with most the changes, however, she would support a neighborhood meeting for text amendments. There being no further discussion, it was moved and seconded (Igel/Younglund) to approve Ordinance 16-24, and it passed unanimously. 5. ORDINANCE 17-24 AMENDING SECTIONS 3.2, 3.15 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE PERTAINING TO PLANNED UNIT DEVELOPMENTS (PUD) AND VARIANCES. Senior Planner Hornbeck commented the review of the PUD process began at a Town Board study session on June 25, 2024, followed by a Planning Commission study session on July 16, 2024, and the Planning Commission recommending code amendments to the Town Board at their September 17, 2024 meeting. The proposed code changes to the PUD process in the Development Code would address the limitations of the current code, including the permitted use only on CO Outlying Commercial zoned parcels, the minimum parcel size of three (3) acres, and the minimum requirement of 30% open space which exceeds other zone districts and remains difficult for infill development. The Comprehensive Plan approved in 2022 envisioned mixed-use centers and corridors with medium to higher density vertical mixed residential and commercial use developments located on or near major throughfares. The PUD process would be a key tool in accomplishing this vision and assist current interested development and redevelopment within these corridors. The amendments would require stringent review criteria, ensure PUDs are only used when they provide a clear community benefit and not simply as a workaround to standard code requirements, and allow the decision-making body to look holistically at a project to consider its overall benefits. The proposed changes would consist of eliminating a preliminary/final PUD process in-lieu of a single application; allows PUDs in any non-residential zone rather than only the CO zone; reduces minimum size to two (2) acres rather than three (3) acres or property of any size with five (5) or more units; reduce the minimum open space requirements for smaller properties using a tiered system; allow modifications of building heights up to 42 feet with corresponding standards; allow modification of parking requirements with supporting parking study; prohibits variances for density of accommodations uses in-lieu of PUD process; add standards for compatibility; and require public benefits as a condition of approval of PUDs. Public comment in opposition of the amendments was heard from Tom Washburn/Town resident, Kristine Poppitz/County resident, and Steve Neilson/Town resident. Comments have been summarized. A number of comments concerned the height allowance of 42 feet without specific review criteria and line of sight considerations. Other concerns raised included the overdevelopment of Estes Park and the need to protect views. DR A F T Board of Trustees – October 22, 2024 – Page 5 Frank Theis/Town resident stated support for the ordinance overall with the exception of the height because there continues to be pressure to develop vertically. He urged the Board to consider height limitations. John Guffey/Town resident questioned do we want our natural open space to be used for financial gain and high density would not be the answer. It was moved and seconded (Cenac/Hazelton) to continue the meeting past 10:00 p.m., and it passed with Trustee Brown voting “No”. Barbara Cole/Town resident stated a clear definition of exceptional benefit to the community needs to be provided to avoid any confusion. John Meissner/Town resident stated concern with the Comprehensive Plan now guiding decisions and questioned developers backing out of exceptional benefits their developments may provide the community once they receive approvals. Scott Moulton/Estes Park Housing Authority Executive Director spoke in favor of the changes to the PUD requirements which would assist the community addressing issues and needs in a creative manner. Trustee discussion was heard and summarized: support for the changes; concern for the height modifications; additional conversation would be needed with the community before considering the proposed changes; questioned why the proposed amendments include 42 feet for the building height rather than 30 feet; the Comprehensive Plan was designed to be a community vision for the rewrite of the Development Code and to address issues such as PUDs; PUDs can be a tool that allows for flexibility, creativity and mixed use for infill development; and compatibility with the surrounding development remains key to the success of PUD developments. Staff stated 42 feet was adopted for downtown which provides for four (4) stories versus 38 feet that limits development to three (3) stories. It was moved and seconded (Brown/Igel) to continue Ordinance 17-24 to the November 26, 2024 meeting, and it passed with Trustee Hazelton voting “No”. Whereupon Mayor Hall adjourned the meeting at 10:28 p.m. Gary Hall, Mayor Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado October 22, 2024 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 22nd day of October, 2024. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Town Attorney Kramer, and Recording Secretary Richards Absent: None Mayor Hall called the meeting to order at 5:00 p.m. RODEO UPDATE. Rodeo Coordinator Schonholtz provided an overview of the 2024 Rooftop Rodeo which had been held in July. She highlighted a new ticketing system, expansion of the sponsorship program, new parade route centered around fairgrounds, and increased income from previous years. The 2025 Rooftop Rodeo would be held July 5 – 10, 2025 with a continued focus on community involvement and increased prize amounts to attract contestants. Mayor Pro Tem Cenac questioned whether the Rodeo had identified needs to bring before the Board at a future meeting. Rodeo Coordinator Schonholtz stated that support for barn facility updates and a bracket for a new, larger display screen could be brought forward prior to the 2025 Rooftop Rodeo. WATER 102 – SYSTEM CONDITION. Project Manager Wesley provided a Water 101 overview at a previous study session highlighting a treelike system made up of 125 miles of piping, a full water quality lab, and four water sources originating from two water treatment plants: Marys Lake which operates in Spring and Summer, and Glacier Creek which operates in Winter and Fall. To begin Water 102, she provided an overview of the criteria used to evaluate the condition of water system assets which produce a score to indicate risk assessment. Staff spoke on the tracking of peak demand dates, noting that a higher flow duration of over two million gallons per day is typically seen May through September and the challenges of projecting future demand for Town water system infrastructure with such a seasonal demand. Superintendent Fredricks continued that consulting firm AE2S rated the treatment conditions of the Marys Lake plant at moderate risk, and the Glacier Creek plant at high risk due to the aging infrastructure and spring runoff capacity. The distribution system conditions returned ratings of low, moderate, and high risk with staff citing challenges of aging cast iron and galvanized assets prone to leaks and breaks, highlighting the importance of long-term planning to retain a high standard and quality. Staff stated the outdated technology at the Glacier Creek plant compliments updated processes at Marys Lake and would be phased out over time; several specific funds were in use for continuous improvements; Glacier Creek plant had reached its end of useful life with unpredictable operation time; and that consultants would help to advise on future process updates and location options. Staff would return with more specific needs as the updated water master plan progressed. ARBORIST LICENSING. Supervisor Berg provided an update to the Arborist licensing discussion held at the July 23 study session. The change would amend Chapter 5.20 of the Estes Park Municipal Code to require tree service providers to document Arborist certification by the International Society of Arboriculture (ISA) prior to receiving a business license to DR A F T Town Board Study Session – October 22, 2024 – Page 2 perform work within town limits. He spoke with three of five tree service providers that held a Town business license and were located within town limits to discuss whether any ISA certified arborists were on staff, thoughts on the certification becoming a requirement, difficulties and benefits of the certification, and estimated time to complete the certification should it become a requirement. He reported that provider responses were mixed on the value of the ISA certification and consistent on the need for at least one winter season to prepare for and complete the testing portion. Board conversation has been summarized: concern for additional licensing requirements excluding new businesses from the industry; whether any state requirements exist for tree service providers; responsibility of the consumer to ensure a provider is properly licensed to their comfort level and choose accordingly; support for the disease prevention element of the certification and whether other business license categories require a comparable certification. Board consensus was to not pursue an ISA certification requirement at this time and future reconsideration was not requested. MASSAGE THERAPIST LICENSING. Town Attorney Kramer introduced Colorado Revised Statute 30-15-401.4 to prevent the operation of illicit massage facilities by authorizing local regulation through fingerprint- based background checks of employees not already licensed as massage therapists by the state. He noted the Town could mirror Larimer County’s ordinance language which was in early stages of being drafted and proposed reviewing their implementation and discussing changes when available. Board discussion has been summarized: repercussions if no action is taken; support for waiting to review Larimer County’s approach; responsibility to uphold state requirements and how many local facilities would be affected. Town Clerk Williamson estimated less than ten facilities are currently present within town limits. Board consensus was to assess Larimer County’s procedure which staff would bring before the Board at a future study session. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Hazelton requested an update from Rocky Mountain National Park Superintendent Ingram on 2024 timed entry and capital improvement projects. Town Administrator Machalek requested Board interest in revisiting discussions on the allowance of off-highway vehicles on Town streets with Chief Stewart and the Police Department as other communities have begun to reconsider the issue from a sustainability standpoint. Additional Board interest was requested on the use of a Board contact form in place of the current method of listing the email addresses of each Trustee on the Town website. All three items would be added to Approved/Unscheduled and be heard at a future study session. COMMENTS & QUESTIONS. None. There being no further business, Mayor Hall adjourned the meeting at 6:38 p.m. Rachel Richards, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, October 9, 2024 Minutes of a budget study session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 9th day of October, 2024, Morning Session. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Igel, Hazelton, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Finance Director Hudson, Directors Fortini, Hinkle, and Williamson, Managers Bucci, Garcia and Schlichtemier, and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 9:03 a.m. 2024 BUDGET PRESENTATION Finance Director Hudson stated the proposed budget would be structurally balanced with expenditures not exceeding conservative revenue projections, meets the 25% General Fund reserve, projected an ending fund balance of 25.4% in 2025, and addresses Town Board Strategic Plan Objectives. He reviewed the annual budget process, timelines for presentation to the Board, provided an overview of the budget decision packages and highlighted additional funding sources allocated within the budget, and the index and composite for recommended funding. He stated a number of decision packages for one- time expenditures were funded this year, however, many were not funded due to lack of available funding or due to the fact they required ongoing funding such as new positions. He highlighted the Parking Garage Maintenance Reserve at $26,000 and Capital Improvement Reserve at $1,500,000. In 2025, a significant change to the structure of the budget includes the establishment of a Facilities Internal Service Fund that impacts all department and division budgets with a new charge for facility use. He reviewed the 2025 sales tax allocation including a breakdown of the percentage allocations of the 1A funds. Board comment was heard regarding obtaining a detailed summary of 1A spending on mitigation and impacts of current sales tax projections. He reviewed reserves and restrictions included discretionary equipment replacement for Power and Communications, Water and vehicle replacement. CAPITAL IMPROVEMENT PLAN 2025 – 2029 Director Hudson reviewed the Capital Improvement Plan (CIP) which was developed with projects submitted by departments, the Town Board completing and setting the 2025 Strategic Plan, development of the operating budget, and project prioritization. The Town Board would consider the adoption of the updated CIP at the November 12, 2024 meeting. The CIP annual summary for 2025 was presented at $8.4 million in new projects and a total of $180.8 million over the next five years. Director Hudson stated future years are provided in the summaries in the packet for reference and may shift depending on need and availability of funding over the next several years. The Community Reinvestment Fund included a single project for the Town Hall restroom remodel. Fall River Trail funding has been secured provided through grants. COMPENSATION & BENEFITS Director Williamson stated the annual compensation survey was conducted by Graves Consulting LLC. The 2024 market study proposes adjustments to the pay families as follows: 2% increase for Labor & Trade, Technical & Professional, and Public Safety, 5% increase for Lineworkers, and a 1% increase for Management. The budget also includes a 2% merit pool to move employees through the pay range. Staff worked with the Town’s insurance broker Brown and Brown to review the Town’s benefit package for 2025. She stated the budget proposal reflected a 2% increase for medical in 2025 for both the Town and employee premiums. Spousal medical coverage would remain the same for 2025 with the inclusion of spouses that do not have access to DR A F T Town Board Budget Study Session – October 9, 2024 – Morning Session – Page 2 employer coverage. Dental insurance premiums would increase 16% in 2025. All other benefits remaining unchanged at the time of the meeting. GENERAL FUND Legislative: The division estimates revenues of $14,000 for 2025 and $472,901 in expenses. Judicial: The division estimates revenues of $2,000 for 2025 and $35,102 in expenses. Staff stated the personnel cost was not included due to staffing changes with the Municipal Court Clerk position being reallocated to the Town Clerk budget as it is a function of that department. Town Clerk: The division estimates revenues of $325,800 for 2025 and $397,474 in expenses. Items not funded in 2025 included digitizing Community Development planning and zoning records. Discussion ensued regarding future plans to develop a map for Town property record searching utilizing the Town’s Laserfiche electronic records portal. Human Resources: The division estimates revenues of $24,000 for 2025 and $410,080 in expenses. New employee files will be digital in 2025. Discussion ensued regarding the amount of Town staff time it takes to provide administrative services for benefit management to the outside agencies and whether the 3% contracted fee on medical premiums covers the cost. Mayor Pro Tem Cenac left the meeting at 10:10 a.m. The Mayor called a break at 10:31 a.m. and returned to session at 10:42 a.m. Town Administrator’s Office: There are no division revenues for 2025 and $570,059 in expenses. The training budget and other items were reduced in 2025, which was offset through the new facilities allocation. Items resourced included the development of a digital accessibility transition plan required by state law and the evaluation of creating a Climate Action Plan specific to Estes Park. Town Attorney’s Office: There are no division revenues for 2025 and $454,088 in expenses. Discussion ensued regarding in house legal counsel and if it was common among other municipalities. Finance: There are no division revenues for 2025 and $860,240 in expenses. Implementation of the Enterprise Resource Planning (ERP) system would continue through 2025. COMMUNITY REINVESTMENT FUND The fund includes the remodel of the public restrooms at Town Hall in 2025 with a total expense in the fund at $1.2 million. It was recommended to consider changing the name of the fund because the Town recently Debruced. COMMUNITY CENTER FUND The 1A Sales Tax Funds are accumulated and remitted to the Estes Valley Recreation and Parks District to fund the construction of the Community Center. This fund would sunset at the end of 2024 as the 1A renewal did not include future funding for the Community Center. EMERGENCY RESPONSE FUND This fund was not included in the 1A renewal and would not receive revenues in future years. Staff projected approximately $200,000 in fund balance with $46,836 expended in 2025. WILDFIRE MITIGATION ESTES VALLEY FIRE PROTECTION DISTRICT FUND This new fund was formed with the passing of the 1A sales tax renewal in April 2024 with a balance of $411,401 in revenues. Mayor Pro Tem Cenac returned at 11:11 a.m. DR A F T Town Board Budget Study Session – October 9, 2024 – Morning Session – Page 3 INTERNAL SERVICES The newly formed division comprised of Facilities, Fleet, IT, and Risk Management. Vehicle Replacement Fund: The fund has proposed revenues of $804,473 and expenses of $552,600 to maintain 89 units in 2025 including four purchases. Fleet Maintenance Fund: The fund has proposed revenues of $978,153 and expenses of $928,821 in 2025. Staff would continue to evaluate the feasibility of plug-in hybrid vehicles for use in the Police Department as identified in the strategic plan. Comments were heard regarding fleet partnership service costs and benefits. Facilities: The division estimates revenues of $1,683,377 for 2025 and $1,673,811 in expenses. The division maintains 96 Town-owned buildings. Staff would continue implementing recommendations identified in the ADA Transition Plan, the parking structure joint repair sealant, and Riverside restroom improvements, building repair audits for Town Hall and the Visitor Center, and explore the feasibility of solar panels and battery storage on the proposed new Police Department building. Discussion ensued regarding the Town Administrator’s office mitigation due to water drainage complications. Additional repairs may be needed to replace the Administration conference room window as a result of the water damage. Discussion ensued regarding recycling and trash collection downtown, frequency of downtown businesses using Town waste receptacles and how to address the use. The Board requested the estimated completion of the relocation of the Riverside restrooms which was anticipated after the Big Thompson River restorations. IT: The internal services fund charges fees to each of the departments and has projected $1,213,483 in revenues and $1,304,233 in expenses for 2025. Decision packages comprised of Boardroom and media upgrades, switch replacements, public Wi-Fi updates, service/network, phone system and access control updates. The Board questioned whether parking fees reimburse IT for expenses to update and provide reliable internet for visitors. Discussion ensued on phishing exercises and training to help protect the Town network from risks. Risk Management: The fund has proposed revenues of $675,192 and expenses of $673,749. Premiums were estimated to increase by 5%. Staff would continue minimizing risk of becoming a victim of cybersecurity threats including the use of multi-factor authentication which can lower premium rates. Staff stated police liability continues to be the highest risk to the Town. POLICE The department has four divisions, including patrol, dispatch, support services and code enforcement. Revenues are estimated at $201,518 and expenditures of $8,151,263. The purchase of a system to manage internal affairs records, Blue Team/IA Pro Software, was a decision package included in the proposed budget. Staff spoke regarding Access Granted, a program for senior community members and Reachwell instant translations. Staff would research opportunities to build the program into the budget allowing for more channels for interagency public safety partners on radio channel sharing authorizations. Efforts would begin to pursue land acquisition necessary to relocate the Police Department out of Town Hall. Staff noted congressional directed spending may support design costs. At a previous Town Board meeting, discussion ensued on Denver’s special forces unit whom handle noise concerns. Staff would do research on the cost to develop a team including devices, training and certification for decibel measurement. The Board asked staff if it would be a strain on the Department to implement a noise ordinance which includes decibel measurement which would be further discussed at a future meeting. OUTSIDE ENTITY FUNDING REQUESTS Analyst Simpson presented the 2025 funding for outside entities including base funding and community initiative funding at a total cost of $1,623,916. Funded items included an increase to base funding (chart provided below) and childcare reserve contributions. Entities are required to provide reports to the Town in May of each year to identify how Town funds were used. Board discussion ensued and has been summarized: The increase in funding requests, amounts and the benefits of partnering with these organizations to DR A F T Town Board Budget Study Session – October 9, 2024 – Morning Session – Page 4 provide services to the community; reconsideration requests received from entities; efforts to keep pace with inflationary expenses; the importance of the resources for seniors and organizations who provide life services to the community; and the benefits of annual reports from entities on how funds were utilized. There were no changes to the 2025 recommendation for Base funding allocations. Base Funding Allocations Entity 2025 Request 2025 Recommendation Crossroads Ministry of Estes Park $40,000 $40,000 Estes Park Chamber of Commerce/EDWC $65,000 $65,000 Estes Park Nonprofit Network $65,000 $25,000 Estes Valley Crisis Advocates $29,000 $29,000 Estes Valley Investment in Childhood Success $40,000 $30,000 Estes Valley Watershed Coalition $25,000 $25,000 Estes Park Salud Foundation $50,000 $30,000 Via Mobility Services $45,000 $37,000 Estes Arts District $46,000 $15,000 TOTAL $405,000 $296,000 Discussion ensued on the increased number of Community Initiative Funding applications received and the allocated amount. After further discussion, it was determined the Bobcat Athletic Club/Bobcat Booster Club, Boulder Climbing Community, Crawford Child Advocacy Center and the Friends of Colorado Avalanche Information Center would not receive funding. The remaining funds were then equally distribution to the remaining entities as identified in the chart below. Community Initiative Funding Allocations Entity 2025 Request 2025 Recommendation Bobcat Athletic Club/Bobcat Booster Club $17,082 $0 Boulder Climbing Community $2,500 $0 Crawford Child Advocacy Center $5,000 $0 Estes Land Stewardship Association $3,500 $3,104 Estes Park Education Foundation $1,500 $1,500 Estes Park Learning Place $10,080 $6,641 Estes Park Museum Friends & Foundation, Inc $1,198 $1,018 Estes Park Senior Citizens Center Inc $15,000 $3,889 Estes Park Sister Cities Association $4,000 $2,561 Estes Park Village Band and Jazz Big Band $4,000 $2,746 Friends of Colorado Avalanche Information Center $5,365 $0 Habitat for Humanity of the St. Vrain Valley $10,000 $1,775 Larimer County Partners Inc $5,000 $3,132 League of Women Voters of Estes Park: Community Recycling Committee $9,000 $3,632 TOTAL $93,225 $29,998 Mayor Hall recessed the morning session at 1:15 p.m., and the afternoon session would resume at approximately 1:45 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado, October 9, 2024 Minutes of a Budget Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 9th day of October, 2024, Afternoon Session. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Igel, Hazelton, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Finance Director Hudson, Directors Bergsten, Careccia, Muhonen, Hinkle, and Williamson, Managers Bailey, Bucci, Garcia, Klein, and Schlichtemier, Supervisor Berg, and Town Clerk Williamson Absent: None Mayor Hall called the meeting to order at 1:46 p.m. WORKFORCE HOUSING & CHILDCARE The Workforce Housing Regulatory Linkage fund contains $752,000 in anticipated revenues and expenses with the funds being used by the Estes Park Housing Authority to assist with the purchase of the Fall River Village for workforce housing. The 6E funds for workforce and childcare anticipates $5.375 million in revenues and expenses with the funds split 80/20 to accomplish strategic plan goals. COMMUNITY DEVELOPMENT Planning: Revenues generated from Planning applications has been budgeted at $45,500 for 2025 with expenses of $879,033. In 2025, staff would begin the Estes Park Development Code rewrite. Staff would work to formalize the annexation policy with Larimer County and implementation of electronic submittals to automate the workflow processing. Building: SafeBuilt would continue in 2025 to provide building services with 100% of building permit fees estimated at $600,000 going directly to the company. The total expenses are projected at $727,612. A discussion ensued with Trustee Igel commenting and questioning the contract with SafeBuilt and the need to ensure it remains competitive. He acknowledged the improved customer service provided through the contract. Town Administrator Machalek stated the contract with SafeBuilt would be reviewed in 2025 because the contract would end in December. COMMUNITY EVENTS & VISITOR SERVICES Visitor Services: Revenue are budgeted at $20,000 and derived from 5% of the sales from the RMNP Conservancy store within the lobby of the Visitor Center. The expenses increase in 2025 with the new facilities allocation and the maintenance of the restrooms shifting from Facilities to the Visitor Center budget. Staff would work on a number of strategic plan items within the current budget such as ensuring the availability of an official visitor guide mailing program; collaborate with RMNP Conservancy to provide onsite educational opportunities at the Visitor Center; and explore interactive exhibit for the Center. A discussion ensued on the publication Vacationland becoming a substitute for the previous visitor guide produced. Visit Estes Park has begun discussions with the publisher of Vacationland and may purchase additional printed copies to provide to guests. A further discussion was heard regarding the contracts to maintain the restrooms, questioning why the funding does not come from one fund, and questioning if staff has considered bringing the service in house. DR A F T Town Board Budget Study Session – October 9, 2024 – Afternoon Session – Page 2 Events: The division anticipates $934,122 in revenues and $3.107 million in expenses in 2025. The budget includes funding for a breakaway roping event and PRCA Tour-Top 60 event with offsetting revenues and expenses. Staff would resource within current funds the following strategic plan items: develop a guiding philosophy for events that include consideration of impacts on businesses and the community; utilize Laserfiche to automate event processes such as event orders, vendor inquiries/forms and check request forms; and evaluate and implement effective tracking metrics for the Town’s outdoor festivals. An upgrade to the audiovisual equipment was not resourced within the proposed budget. Discussion was heard on what matrix has been identified to compare events as it relates to revenues and expenses. MUSEUM Revenues are budgeted at $69,000 for charges for services, monetary donations, and funding from the Friends of the Museum. In 2025, the gallery donations would be collected by the Friends of the Museum in order to invest the funds. The Friends would continue to support the two contracted employees in 2025. Discussion was heard on the operations at the Hydroplant Museum and a need to review signage related to operations to ensure its clear to public. The normal seasonal operating hours for the museum did not occur due to a decline in volunteers. Trustee Igel stated he would encourage staff to prioritize resources in order to have the museum open. PUBLIC WORKS Parks: Parks would receive $35,000 in revenues from the Mrs. Walsh’s Garden endowment fund for the maintenance of the garden. $1.786 million in expenses have been budgeted for personnel and O&M. Trustee Younglund requested staff review options to fund wraps for trash cans and utility boxes downtown with historic photos. Conservation Trust: The Town would receive $41,000 in lottery funds to be used for parks and open spaces. The budget contains an additional $20,000 earmarked for weed management. Open Space: Larimer County Open Space sales tax of a quarter percent would generate an estimated $595,000 in revenues in 2025 to be used for open space purchases and trail maintenance. The expenses have been budgeted at $862,728 to fund a Parks Master Plan, trail reconstruction along US 34 and Hwy 7 Phase 2, park improvements, the purchase of battery equipment in lieu of gas powered equipment, snow removal equipment, and the Thumb Trail improvements. Streets: Revenue of $378,000 from the Highway Users Trust Fund (HUTF) are budgeted with $1.638 million for O&M and personnel costs. Stormwater: – This fund contains no revenue and has budgeted expenses of $576,475. Stormwater Infrastructure 1A Fund: This fund was established with the passage of the 1A sales tax in April 2024. Revenues have been budgeted at $1.279 million and expenses at $1.786 million and would be used for the Stormwater Management Plan Phase 1 including the scoping project recently presented to the Town Board related to the waterway issues downtown and the replacement of the Performance Park bridge. This fund would also support the personnel costs for a Stormwater Engineer. Engineering: This fund contains no revenue and has expenses of $709,448 for O&M and personnel costs. The budgeted funds contain $15,000 to evaluate traffic flow and business impacts of the Loop project. Additional strategic plan items resourced within the current budget include: complete the design of the Fall River Trail final segment and advertise for construction to commence in the fourth quarter of 2025; seek grant funding for the corridor study that identifies needed multimodal transportation improvements on US 34; select specific recommendations from the 2045 Multimodal Transportation Plan for budgeting and implementation in 2026; and design the Community Drive Multi-use Trail. Streets Improvement 1A: This fund was renewed with the passage of the 1A sales tax in April 2024 for an additional 10 years. The fund is estimated to receive $2.102 million in DR A F T Town Board Budget Study Session – October 9, 2024 – Afternoon Session – Page 3 revenues and expend $2.329 million for STIP street improvement and patch program and for parking lot rehabilitation, complete reconstruction of Matthew Circle, and the complete reconstruction of Steamer Parkway. Additional items resourced within the current budget funds include the complete rehabilitation of West Elkhorn Avenue from Moraine to Far View Drive, the completion of the Cleave Street Improvement project, and the completion of the reconstruction of 2nd Street. Trail Improvement 1A: The fund would not receive ongoing revenues as it was sunsetted as of June 30, 2024 and the renewed funding with the 1A sales tax approval in April 2024 would be allocated to the new Trails Sales Tax Extension 1A fund. The funds remaining in the account would be spent down with $227,000 earmarked for the US 34 and Hwy 7 Phase 2 improvements. Trails Sale Tax Extension 1A: The new fund would be used to receive the new 1A sales tax extension funds approved by the voters in April 2024. The fund anticipates $1.271 million in revenues and $1.180 million in expenses. The funds would be used for the Community Drive Multi-use Trail and trail reconstruction on US 34 and SH 7 Phase 2. TRANSIT Revenues estimated at $15,500 come form sponsorships and advertising on the shuttle buses. The expenses have been budgeted at $807,243 to fund seasonal summer transit service and special event services. Grant funding for the 2025 season has not been identified, however the following grants are anticipated: $1.2 million from CMAQ, FTA5311 for $109,000 and OSTG25 for $45,000. Trustee Igel questioned the operational cost difference in leasing versus owning transit equipment. PARKING Revenues are $859,750 and expenses budgeted at $870,178. The budget includes funding updated mobile license plate recognition hardware for the patrol vehicle as it has reached the end of its useful life. The fund incurred a reduction in revenues in 2024 with the deactivation of parking lots during the Loop construction. Revenues are anticipated to increase in 2025 with all lots open for the season. The parking management plan would go out to bid in 2025. The strategic plan identified the design and construction of a 3-level parking structure at Big Horn that was not included in the 2025 budget. Discussion ensued on the appearance of Town staff enforcing parking in private parking lots due to Car Park employees wearing Town logo vests. Staff stated a review of the parking season and implementation of Phase III of the parking plan would be forthcoming, and stated Phase III would increase revenues by approximately $430,000. POWER & COMMUNICATION The fund anticipates revenues of $26.432 million, $1.350 million in transfers out, and expenses of $29.916 million. Service proposals included in the proposed budget include the following infrastructure projects located at Acacia Drive, Concord Lane, Moraine Park 1A, Allenspark tree cable, Big Owl Road tree cable, Lab Road area tree cable, Tahosa/Meeker Park tree cable, Wild Basin Area tree cable, and the replacement of several vehicles. WATER The fund anticipates revenues of $6.993 million, $120,000 in transfers out, and expenses of $10.835 million. Service proposals included in the proposed budget include Glacier Creek Water Treatment Plant (GCWTP) improvements including raw water meter standardization, runoff SCADA programming, ion chromatographer, and filter influent; Marys Lake Water Treatment Plan (MLWTP) improvements including air compressor control system upgrade, pump upsizing, house water pump 2 replacement, raw water meter replacement, and train 3 pump replacement; electrical upgrades and grounding; GCWTP pond rehabilitation; MLWTP east storage tank improvements; SCADA improvements; Strong pumphouse improvements; and GCWTP backwash pump. Staff would work internally on the development of a penalty process for customers who do not comply with water administrative regulations. This process would assist the Town in meeting regulatory requirements and avoid the Town from being cited for violations. Staff would initiate construction on the Mall Road Looping project as an in house project for 2025. DR A F T Town Board Budget Study Session – October 9, 2024 – Afternoon Session – Page 4 BUDGET SUMMARY Interim Finance Director Hudson concluded the meeting by restating the Town’s 2025 revenues are estimated at $79.786 million, $8.796 million from fund balance to be utilized in 2025, and expenses budgeted at $88.582 million. The final year end budget would balance with a 25.4% fund balance in the General Fund. He noted a number of projects would rollover from 2024 to 2025 such as the Graves Avenue Trail, Cleave Street project, and numerous utility projects. He stated Power and Communication anticipate adding five (5) new full-time positions in 2025. The budget process would continue with public hearings at the Town Board on October 22, 2024 and November 12, 2024. December 15, 2024 would be the deadline to certify property tax levy to the County, and the final adopted budget must be submitted to the State by January 31, 2025. There being no further business, Mayor Hall adjourned the meeting at 4:28 p.m. Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado, September 18, 2024 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of September, 2024. Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Larry Gamble, Linda Hanick, Joan Hooper, Misti Marcantonio, Carissa Streib, and Wallace Wood; Trustee Mark Igel; Staff Liaison Greg Muhonen Attending: Chair Morris; Members Gamble, Hanick, Hooper, Streib, and Wood; Trustee Igel; Engineer Bailey; Manager Klein; Engineer Waters; Manager Pastor; Recording Secretary McDonald; Mayor Hall; Claudine Perrault, Estes Valley Library Director; Paul Hornbeck, Community Development; Max Burkhalter and John Guffey, Public Attendees Absent: Vice-Chair Ekeren; Member Marcantonio; Director Muhonen Chair Morris called the meeting to order at 12:03 p.m. PUBLIC COMMENT Max Burkhalter (Town resident) voiced serious concern regarding on-street parking near the intersection of Heinz Parkway and High Drive. A Police Department vehicle was recently damaged while an officer was on site to investigate this concern. Customers and staff of Bird & Jim and Bird’s Nest contribute to the area’s heavy traffic and congested parking conditions that cause visual obstruction for drivers. The owner of these businesses has expressed awareness of this problem and willingness to follow recommended solutions. Following brief discussion about the use of parking boulders, the TAB agreed to follow up with potential solutions at the next meeting. TRUSTEE LIAISON UPDATE Trustee Igel indicated that he did not have updates beyond those to be provided during the agenda items to follow. APPROVAL OF MINUTES DATED AUGUST 21, 2024 It was moved and seconded (Gamble/Hanick) to approve the August 21, 2024, minutes, and it passed unanimously. NEW MEMBER WELCOME Chair Morris welcomed Carissa Streib as the TAB’s newest member and invited all members and staff present to briefly introduce themselves. SCOPING PROJECT FOR DOWNTOWN RIVER CAPACITY IMPROVEMENTS: BIKE ROUTE DISCUSSION Transportation Advisory Board – September 18, 2024 – Page 2 Acknowledging her June 26 presentation to the TAB and overall outreach efforts, Engineer Waters emphasized that this Scoping Project is not a construction project but a study—funded by the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities (BRIC) program—focused on eliminating the risk of flooding downtown near the confluence of the Big Thompson and Fall Rivers. The study complements priorities laid out in the 2018 Stormwater Master Plan, 2016 Estes Valley Master Trails Plan, and 2018 Downtown Plan, particularly regarding pedestrian amenities, river depth changes, and well-vetted trail concepts along the Big Thompson River south of Elkhorn Avenue. Through GEI Consultants, the Town will gain a technical report and 30% Design drawings that could be used, with Town Board approval, to apply for a construction grant to complete recommended capacity improvements in the study area; likewise, the Town could choose to decline undertaking such work. Based on trustee responses to directional questions posed at a September 10 Town Board Study Session (TBSS), there is good support for an eventual project; a follow-up TBSS is planned for January 2025 before the technical report and drawings are ready. Discussion points included the desire to preserve views in the potential restoration area, as required in the Estes Valley Land Trust conservation easement; how the trail elevation in certain sections would depend on excavation factors; potential reworking of George Hix Plaza; the desire to avoid losing 20 parking spaces in the Riverside Lot; pros and cons of a trail underpass near the Riverside restrooms and park area near Casa Grande, a typically congested area; and whether the benefits of undertaking an official project of this nature will outweigh the visual sacrifice and financial cost. Engineer Waters invited TAB members to contact her with further input before the consultant work is complete, and to access the study resources on the Town’s Floodplain Management webpage. PARKING & TRANSIT UPDATES Manager Klein summarized the paid parking occupancy and revenue numbers through September 15, reminding members to access the full reports on the Estes Parking webpage. Due to Bond Park festivals, which require removal of 54 parking stalls, weekends continue to see all lots at or near 100% capacity, excluding the Events Center and Parking Structure (PS). Revenue continues to be down due to construction, with all lots reflecting a 4.2% decrease from previous years’ average. All 395 PS stalls filled on September 14, helping the PS achieve 85% or higher capacity 11 times this season. With the Town’s contract with The Car Park expiring December 31, Manager Klein is developing a parking management Request for Proposals and will be assembling a committee for selection of the new parking management firm; he will work with Chair Morris to secure TAB representation on this committee. The Red Route served 15,303 guests in August, up 6.7% from 2023 despite fewer visitors during the Alexander Mountain Fire and resulting closure of US 34. Although weekend- only service for all non-trolley routes began on September 8, Brown Route ridership continues to be high because of service to the YMCA of the Rockies. Scot Fest served Transportation Advisory Board – September 18, 2024 – Page 3 1,257 guests from the Events Center to the Estes Park Visitor Center, despite the festival canceling its parade downtown this year. The rescheduled tabling event for the Colorado Department of Transportation (CDOT) and Regional Transportation District (RTD) was finally held at the Estes Park Visitor Center on September 9. Since a majority of the “wheel spinners” were from out of town, RTD gave away more promotional items than passenger tickets. The Zero Emission Vehicle (ZEV) Plan for Transit went to bid on September 11 with a proposal due date of October 2. Discussion points included a request for the average parking stay in the PS and whether Rocky Mountain National Park (RMNP) might consider expanding use of its High Drive connector road for bus access. Manager Klein will investigate both requests. E-BIKE INCENTIVES & SUPPORTED INFRASTRUCTURE/POLICY Chair Morris welcomed Claudine Perrault, Estes Valley Library (EVL) Director, to initiate a conversation regarding e-bike incentives for downtown employees. Director Perrault stressed that she was sharing an idea, not a proposal, inspired by Denver’s Office of Climate Action, Sustainability and Resiliency e-bike voucher program. Such a program in Estes Park could reduce car use by downtown employees, who would not have to fight traffic and limited parking during the paid parking season; this would also free up parking spaces for downtown business customers. Discussion points included the financial cost and logistics of such a program for the Town, EVL, and interested businesses; agreement that such a program should initially be limited to the paid parking season; road/sidewalk safety and other Estes Park Municipal Code considerations; application of Policy 851 Complete Streets; program testing options, such as an e-bike demo for potential stakeholders, starting with Town and EVL staff; and personal experiences riding e-bikes in Estes Park, including the challenges of winter weather and lack of bike racks. The TAB agreed that this topic deserves research and further conversation as a future agenda item. ENGINEERING & ADMINISTRATIVE UPDATES Engineer Bailey reported that the Downtown Estes Loop (DEL) project punch list of 70 items should be completed by September 30. Focus areas are pedestrian lights, curb and sidewalk repairs, and landscaping. Patching has begun on Pine Knoll Drive, with tree removal planned for September 19; milling will follow. Concrete paving in the Reclamation Neighborhood is currently delayed by low temperatures, but all lanes on US 36 are now open. CDOT’s US 34/36 Resurfacing Project continues to deal with asphalt/paving plant problems and low night temperatures, with no work expected at all this week. Although Transportation Advisory Board – September 18, 2024 – Page 4 Public Works staff agreed to permit daytime work Monday through Thursday, it is unlikely that the work on US 36 will be completed this year. Following input from the TAB and transit drivers on the conceptual design alternatives for the Visitor Center Parking Lot Redesign, Kimley-Horn has begun the 30% Design for Alternative B. Engineer Bailey advised that conversion to Alternative A, if desired in the future, would not compromise the Alternative B construction work. Kimley-Horn is drafting the Town of Estes Park 2045 Transportation Plan (MTP-TDP) for staff to review in October; comments from the TAB and Steering Committee will be considered before the plan is presented to the Town Board in December for adoption. Engineer Bailey advised the unfeasibility of adding a dedicated bike lane to East Elkhorn Avenue due to inadequate clearance and transit options. There was brief discussion about the poor signage placement for the pedestrian crossing near the Post Office; Engineer Bailey will raise this topic at today’s DEL meeting. SAFE ROUTES TO SCHOOL & COMMUNITY DESTINATIONS Chair Morris summarized the Family Advocacy Coalition’s (FAC) first family listening session, where residents were asked why they live here and what their needs are. Session topics included the desire for year-round transportation options; and whether the community is more visitor- or resident-focused when it comes to housing, childcare, and other family services. The TAB briefly discussed how Policy 851 Complete Streets addresses the transportation needs, and how Spanish-speaking residents are best served by their employers and Estes Valley Investment in Childhood Success (EVICS). Chair Morris encouraged TAB members to attend future FAC listening sessions. Member Gamble reported that a family survey regarding Colorado Highway 7 (CO 7) crosswalk safety might be most effective in February 2025, when the Prospector Apartments expects to reach full occupancy. Discussion points included the possibility that survey responses, whenever collected, could change based on how long a respondent actually resides in the area of concern; and alternative placements for crosswalk signals. The TAB’s previous discussions regarding volunteer crossing guards and the walking school bus option for CO 7 were summarized for Member Streib. UPDATE ON PAST PUBLIC COMMENT These comments were addressed earlier in the agenda. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 2:01 p.m. /s/Lani McDonald, Recording Secretary 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. PUBLIC HEARING – 2025 PROPOSED BUDGET, Continued Public Hearing from October 22, 2024: •Highway User’s Trust Fund. •Resolution 80-24 Setting the Mill Levy. •Resolution 81-24 Adopting the 2025 Budget. •Resolution 82-24 Appropriating Sums of Money for 2025. •Capital Improvements Plan 2025-2029.  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 budget.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. 2.STAFF REPORT.  Review the staff report. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the budget. 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 Town Clerk’s Office Staff whether any communications have been received in regard to the budget which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the budget.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Request Board consider a motion. 5. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 6. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 7. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required to do so by State Statute. FINANCE DEPARTMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Interim Finance Director Laura Garcia, Accounting Manager Date: November 12, 2024 RE: Public Hearing & Budget Adoption – 2025 Proposed Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Seek approval of the proposed 2025 Budget and the 2025-2029 Capital Improvement Plan for the Town of Estes Park, including intended use of the Highway User Trust Fund (HUTF) revenues received from the State of Colorado after providing an additional opportunity for public input. Present Situation: Staff have compiled the proposed budget for 2025. The budget includes all Town departments and operations, including the dedicated sales tax funds and utility operations. The proposed budget for 2025 has been reviewed over three recent meetings, including two worksessions and the formal public hearing held October 22, 2024. The public hearing was continued to the November 12, 2024 Town Board meeting for further discussion and consideration of final adoption. State statutes dictate that the Town hold a public hearing on the proposed budget, including the use of the HUTF revenues. This hearing is intended to meet that purpose. This agenda item also includes consideration of the 2025-2029 Capital Improvement Plan (CIP). Development of the CIP began in April and has run parallel to the annual operating budget process. The 2025 projects in the CIP are reflected within the 2025 operating budget as well. The proposed 2025 Budget and the 2025-2029 Capital Improvement Plan are available for inspection online (see links below) and at the Finance Department windows. Proposal: The following summarizes the more significant changes to normal operations included in the proposed annual budget: Sales Tax Estimates – Sales tax projections have been set at 2023’s actual revenues. The Town has experienced a decline in sales tax collections in 2024 from 2023’s collections for the first 8 months of 2024. However, based on parking lot usage and other leading indicators, it is felt that sales taxes have begun to recover after wildfire closures and the Loop Construction earlier in the year. Projections assume spending patterns will stabilize next year and the economy has picked up during the latter half of this summer. Of course, we will be monitoring sales tax collections closely over the last part of 2024 and into 2025. If conditions change, we can always revise our sales tax estimate in the future with a formal budget amendment. General Fund – Fund Balance Reserves - The General Fund is currently projected to end 2025 with a 25.3% fund balance, exceeding the 25% reserve requirement in Finance Policy 660 by $88,230. The 2025 ending reserves in the General Fund total of $7,927,016. Separate schedules for a Recap of Budgeted Reserves and a Reserve Account Budgeted Activity are included in the packet detailing these reserves. Personnel Changes – The proposed budget includes increasing pay scales based upon the current market study from 1%-5% depending on pay scale and also includes a 2% merit. In addition, the proposed budget includes five new full time positions in the Power and Communications Fund. Changes Made After Budget Work Sessions – The proposed budget includes a few changes from the draft budget presented during the budget work sessions. General Fund: As mentioned during the work sessions, the outside entity funding estimates for 2024 were updated to the amounts actually awarded to the entities. This resulted in an increase to these 2024 amounts of $10,460 and the corresponding decrease in projected ending fund balance as mentioned above in the reserve discussion. During the Oct 22 Town Board meeting, staff received direction to increase the base funding provided to the Arts District from $15,000 to $21,000 which is reflected within the current proposed budget. Community Reinvestment Fund: With the creation of a $1.5 million capital reserve in the Community Reinvestment Fund, interest income of $60,000 was projected and added to the Fund’s anticipated revenues for 2025. If the reserve is used faster than anticipated, the actual interest income received will decrease accordingly. Power and Communications Fund: Interest income was added to the 2025 budget in the amount of $300,000. Utility charge revenue estimates for the 2024 fiscal year have been reduced by $653,652 due to a decrease in the volume of power sold. The Utility Director’s compensation was reallocated, removing a small portion previously allocated to IT ($13,009) and reallocating wages between Power and Communications and Water Funds based on estimates of time spent. Also, as mentioned during the Oct 22 meeting, capital outlay budgeted for P&C increased by $900,000 to recognize the salary expenses expected to be capitalized as staff perform power line rebuilding activities. Water Fund: As mentioned above under Power and Communications, the Utility Director’s compensation was reallocated between Power and Communications and Water. Facilities Fund: Amounts were reallocated from the building R&M account to utilities accounts within the Facilities Fund but the total dollar amount remained the same. Information Technology Fund: As mentioned above under Power and Communications, a small portion of the Utility Director’s compensation ($13,009) was removed from the IT salary and benefits and reclassified to the Power and Communications Fund and the Water Fund. All Funds: Budgeted amounts were rounded to the nearest dollar. This may result in $1 rounding differences from previous drafts as the amounts were rounded up or down. There were no other changes made to the draft budget presented during the work sessions. New exhibits have been posted online reflecting these changes. Highway Users Trust Fund (HUTF) revenues – C.R.S. 43-4-204 provides that all HUTF money received are appropriated for the construction, improvement, repair, maintenance and administration of the Town’s street systems and other public roads and highways. In short, Street Department operations are generally eligible costs. The Town proposes to use the HUTF funding for the following costs within the Street Department in compliance with state statute. Estimated Highway Users Trust Fund revenues $ 275,000 Estimated Street Department General Fund Expenditures Streetlights $ 91,000 Fuel and oil 45,000 Traffic signs 14,000 Vehicle and equipment maintenance 313,091 Street maintenance 96,000 Other street department operations 529,736 Street department personnel costs 549,401 Total qualifying street expenditures $1,638,228 Advantages: The proposed 2025 Budget and 2025-2029 Capital Improvement Plan: • Complies with statutory requirements • Meets the 25% General Fund ending fund balance policy • Capital improvement planning allows the Town to recognize future needs and to begin to prioritize spending accordingly. It is a long-term planning tool that supplements the 2025 Budget. Disadvantages: •Priorities and funding opportunities can change over the period covered by the CIP so some projects may not be done in the order presented. Action Recommended: Staff recommends approval of the 2025 Budget and its accompanying resolutions and approval of the 2025-2029 Capital Improvement Plan. Finance/Resource Impact: Provides funding for continuance of Town operations at current levels with select prioritized increases upon adoption. Level of Public Interest Public interest is expected to be moderate. The Finance Department has not received any inquiries regarding the proposed budget or CIP from the general public as of the date of drafting this agenda memo. Sample Motion: Motion 1: I move for the approval/denial to utilize the Highway Users Trust Fund for expenditures for striping, snow plowing, traffic signs, streetlights, and other related road and street costs as proposed for 2025. Motion 2: I move for the approval/denial of Resolutions 80-24 to set the mill levy, 81- 24 to adopt the 2025 budget, and 82-24 to appropriate sums of money for 2025. Motion 3: I move for the approval/denial of the 2025-2029 Capital Improvement Plan. Attachments: 1. Resolution 80-24 – Resolution to Set Mill Levies for 2025 2. Resolution 81-24 – Resolution to Adopt 2025 Budget 3. Resolution 82-24 – Resolution to Appropriate Sums of Money for 2025 4.Link to the 2025 Proposed Budget 5.Link to the 2025 Combined Decision Package 6.Link to the 2025 Capital Improvement Plan RESOLUTION 80-24 A RESOLUTION LEVYING PROPERTY TAXES FOR THE YEAR 2024 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2025 BUDGET YEAR WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 12, 2024; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $594,479 net of an allowance for delinquencies; and WHEREAS, the 2024 valuation for assessment for the Town of Estes Park as certified by the County Assessor is $332,541,247. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 2025 budget year, there is hereby levied a tax of 1.822 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2024. Section 2: That the Finance Director is hereby authorized and directed to certify to the County Commissioners of Larimer County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set, recognizing that the amounts in the whereas clauses above may be recalculated as needed upon receipt of the final (December) certification of valuation from the Larimer County Assessor. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 RESOLUTION 81-24 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2025, AND ENDING ON THE LAST DAY OF DECEMBER 2025 WHEREAS, the Board of Trustees of the Town of Estes Park has appointed Travis Machalek, Town Administrator, to prepare and submit a proposed budget to the governing body at the proper time; and WHEREAS, Travis Machalek, Town Administrator, has submitted a proposed budget to this governing body on October 9, 2024, for its consideration; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on October 22, 2024, and November 12, 2024, and interested taxpayers were given the opportunity to file or register any objections or comments regarding the proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the attached budget, as submitted, and summarized by fund, is hereby approved and adopted as the budget of the Town of Estes Park, Colorado, for the fiscal year ending December 31, 2025, and shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town of Estes Park. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 RESOLUTION 82-24 A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2025, AND ENDING ON THE LAST DAY OF DECEMBER 2025 WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 12, 2024; and WHEREAS, the Town of Estes Park has made provision therein for revenues and reserves or fund balances in an amount equal to or greater than the total proposed expenditures as set forth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues and reserves or fund balances provided in the budget to and for the purposes described below, thereby establishing a limitation on expenditures for the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following sums are hereby appropriated for 2025 from the revenue and reserves or fund balances of each fund, to each fund, for the purposes stated: TOTAL FUND APPROPRIATION General Fund 25,537,676$ Community Reinvestment Fund 1,193,895 Conservation Trust Fund 20,000 Larimer County Open Space Fund 862,729 Emergency Response System Fund 46,836 Community Center Fund - Wildfire Mitigation Fund 411,401 Trails Expansion Fund 227,000 Trails ST Extension Fund 1,180,287 Parking Services Fund 870,197 Street Improvement Fund 2,329,227 Stormwater Fund 1,786,722 Workforce Housing Lodging Tax Fund 5,367,065 Power and Communication Fund 30,816,466 Water Fund 10,955,909 Workforce Housing Linkage Fee Fund 752,000 Medical Insurance Fund 4,790,000 Fleet Maintenance Fund 928,822 Information Technology Fund 1,304,234 Vehicle Replacement Fund 552,600 Risk Management Fund 673,747 Facilities Management Fund 1,673,810 Total 92,280,623$ DATED this __ day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 3 From: Cynthia Hunt <cynthia@thehelp-incfund.org> Date: Sun, Oct 27, 2024 at 8:38 PM Subject: Late-with-a-reason Support for the Estes Nonprofit Network To: <trustees@estes.org> Greetings Trustees of Estes Park, On behalf of the HELP Fund, based in Estes Park, am writing a late note in regard on the Estes Nonprofit Network (ENN) request for increased base funding this year. I appologize for it arriving late - but we have been out in remote Himalayan villages working with marginalized youth on issues of economic development. No internet - no electricity, no running water, little access to markets and challenges that can sometimes be as high as the mountains that surround us. Our HELP members and volunteers have gained so much through participating in ENN education programs and using their resources (especially their staff). We pass it forward here in the Himalayas, but as we also work with marginalized youth in small towns from Estes, to across Colorado, or Manitoba schools and Saskatchewan immigrant groups, the lessons of supporting well-planned, culturally-appropriate economic development spread far and wide from the ENN. Having worked in a wide variety of communities for the past 35 years, it is rare indeed to have such a driving force (as the ENN) in a small town. And when I refer other Estes-based Nonprofits to ENN for support, they report back to me that they are equally amazed. Those Nonprofits add a lot to the healthy development of our town and the rich experience of the visitors who come to it. I hope you will increase your support of the ENN so that all of us - and the people we serve - can continue to build a healthy, inclusive Estes Valley. Yours, Cynthia Cynthia Hunt Founder and Secretary the HELP Fund PUBLIC COMMENT RECEIVED BY 2024-11-06 P.O. Box 3822, Estes Park, CO 80517 | Phone: 970-577-9781 | E-mail: info@crisisadvocates.org | http://www.crisisadvocates.org October 28, 2024 Dear Mayor and Trustees: On behalf of the Estes Valley Crisis Advocates Board of Directors and Staff, I would like you to know that we appreciate the effort and time that the Town Board and Staff devote to creating the budget, which includes evaluating the Base Funding opportunities. One of the many services that the Estes Valley Crisis Advocates (EVCA) provides to the Town of Estes Park is making sure that the victims of crime in Estes Park are informed of their rights per the Colorado Constitution. In 1992, Colorado voters amended the state Constitution to include Victim Rights. The Victim Rights Amendment (VRA) states: Any person who is a victim of a criminal act or such person’s designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed and present at all critical stages of the criminal justice process. All terminology, including the term “critical stages” shall be defined by the general assembly (Article II, Section l6A Colorado State Constitution). Colorado law enforcement must promptly provide the following information in writing to a victim after their initial contact: 1.A copy of the victim’s rights and who to contact if they feel their rights have not been provided 2.The availability of services and resources 3.The availability of compensatory benefits 4.The availability of protection including protection orders 5.The availability of the police report Law enforcement is also responsible for providing a case report number, name and contact information for the assigned officer, case status, address for the District Attorney’s office, arrest information, jail notification, steps to be taken in case of harassment by the suspect and information about the return of property when it is no longer needed for evidentiary purposes. EVCA makes sure that the Estes Park Police Department (EPPD) is complying with the VRA by providing on-scene crisis support, creating and maintain the VRA brochures for the EPPD in both English and Spanish and helping the victims to navigate the initial stages of the criminal justice system (i.e. preparing the victim for and attending the initial arraignment/bond hearing and P.O. Box 3822, Estes Park, CO 80517 | Phone: 970-577-9781 | E-mail: info@crisisadvocates.org | http://www.crisisadvocates.org providing copies of the mandatory protection orders). We also explain the next steps of the criminal justice system, providing future court date information and a warm hand off to the District Attorney Victim/Witness Advocates. In addition, because Estes Park is rural and remote from the Larimer County court system, we often continue advocating and working with our victims in conjunction with the Court system. For our clients that have been victimized while visiting Estes Park, we also research and provide appropriate resources for ongoing support in their home cities. In the first three quarters of 2024 (9 months), we supported 88 clients that have been referred to us by law enforcement. This is in comparison to the 103 law enforcement referral clients that we supported in all of 2023. The work that we do with crime victims is in addition to all the other services we offer, including operating the only Domestic Violence Shelter in the Estes Valley. Thank you for your consideration to maintain the Estes Valley Crisis Advocates base funding amount at the level the Town Staff proposed for 2025 ($29,000). Gregg Jurgens Chair Estes Valley Crisis Advocates Board of Directors TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: November 12, 2024 RE: Letter of Intent to Participate in Larimer County’s Hazard Mitigation Plan Update (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: Town Board consideration of a “Letter of Intent to Participate” in Larimer County’s multi- jurisdictional Hazard Mitigation Plan (HMP). Present Situation: A Hazard Mitigation Plan is required by the Federal Emergency Management Agency (FEMA) and the Federal Disaster Mitigation Act of 2000 for a jurisdiction to qualify for Federal Hazard Mitigation grant funds. The Town participated in Larimer County’s 2021 update to the Larimer County Hazard Mitigation Plan, which is set to expire next year. Larimer County has informed the Town that they are slated to be awarded grant funding by FEMA to update the current multi-jurisdictional HMP. An updated HMP will ensure eligibility for FEMA Hazard Mitigation Assistance grant programs for each participating jurisdiction/entity. Proposal: The next step for the County in receiving this grant award is to provide the Colorado Division of Homeland Security and Emergency Management (DHSEM) with formal notice from all jurisdictions/entities that intend to participate in this multi-jurisdictional plan. This notice is provided via a “Letter of Intent to Participate”. Staff has prepared a Letter of Intent to Participate for the Town. Board approval of this letter will formally secure the Town’s participation in the new HMP, thus securing the Town’s eligibility for future FEMA Hazard Mitigation Assistance grants. Action Recommended: Staff recommends approval of the Letter of Intent to Participate. Finance/Resource Impact: None. Larimer County will provide the required grant match funding. Level of Public Interest Medium. Sample Motion: I move for the approval/denial of the Letter of Intent to Participate and authorize the Mayor to sign. Attachments: 1. Town of Estes Park Letter of Intent to Participate Mayor Gary Hall 970-577-3700ghall@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG November 12, 2024 Lori Hodges Larimer County 4872 Endeavor Dr, Suite 150 Johnstown CO 80534 Re: “Statement of Intent to Participate” as a participating jurisdiction in the Larimer County Multi-Jurisdictional Hazard Mitigation Plan (HMP) In accordance with the Federal Emergency Management Agency’s (FEMA) Local Hazard Mitigation Plan (HMP) requirements, under 44 CFR §201.6, which specifically identify criteria that allow for multi-jurisdictional mitigation plans, the Town of Estes Park is submitting this letter of intent to confirm that the Town of Estes Park has agreed to participate in the Larimer County Multi-Jurisdictional Hazard Mitigation Planning effort. Further, as a condition to participating in the mitigation planning, the Town of Estes Park agrees to meet the requirements for mitigation plans identified in 44 CFR §201.6 and to provide such cooperation as is necessary and in a timely manner to Larimer County to complete the plan in conformance with FEMA requirements. the Town of Estes Park understands that it must engage in the following planning process, as more fully described in FEMA’s Local Mitigation Planning Handbook dated April 2023 including, but not limited to: •Identification of hazards unique to the jurisdiction; •The conduct of a vulnerability analysis and an identification of risks, where they differ from the general planning area; •The formulation of mitigation goals responsive to public input and development of mitigation actions complementary to those goals. A range of actions must be identified specific for each jurisdiction; •Demonstration that there has been proactively offered an opportunity for participation in the planning process by all community stakeholders (examples of participation include relevant involvement in any planning process, attending meetings, contributing research, data, or other information, commenting on drafts of the plan, etc.); •Documentation of an effective process to maintain and implement the plan; •Formal adoption of the Multi-Jurisdictional Hazard Mitigation Plan by the jurisdiction’s governing body (each jurisdiction must officially adopt the plan). Therefore, with a full understanding of the obligations incurred by an agreement between the Lead Jurisdiction and the Participating Jurisdiction, the Town of Estes Park commits to the Larimer County Multi-Jurisdictional Hazard Mitigation Planning effort. Executed this 12th day of November, 2024. ______________________________________________ Gary Hall Mayor Town of Estes Park ATTACHMENT 1 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: November 12, 2024 RE: Noise Ordinance Objective: Refine draft noise ordinance. Present Situation: Over the past year, the Town has received feedback from members of the public expressing concerns with the current noise ordinance. Specific concerns include the lack of a quantitative decibel standard, the ability of the Town Engineer to issue permits for overnight construction work (instead of the Town Board), and the lack of enforcement of the unreasonable noise standard. In response to these concerns, the Town Board asked staff to explore options for making changes to the Town’s existing noise regulations. At the June 11, 2024 Study Session, the Board indicated continued support for a hybrid approach to noise enforcement, utilizing both an unreasonable noise standard and a decibel-based standard. The Board also supported moving the responsibility for approving permits for overnight construction work to the Town Board. There was no consensus at that meeting as to whether the Town’s own events should be subject to the provisions of the new ordinance, or whether they would continue to be exempted under the code. The Board continued discussion of an updated noise ordinance at the September 24, 2024 Study Session. The Board confirmed a desire to continue forward with an update to the Town’s noise regulations, and proceeded to have a wide-ranging conversation about the various components of an update. There appeared to be a slight preference from the Board for decibel limits that fall somewhere between the existing state limits and the Town’s prior decibel limits (2016). After further conversations with the Board on October 22, 2024, staff has prepared a draft ordinance for Board consideration. Proposal: A draft of the updated noise ordinance is attached. The updates include: •The addition of a decibel-based noise limit that varies by zone and is measured from the boundary of any receiving property (except public right-of-way). • Elimination of the expanded hours for outdoor amplified sound on Friday and Saturday nights; • A change in the approval authority for nighttime construction noise from the Town Engineer to the Board of Trustees; and • The addition of a provision for escalating fines for successive violations. While the idea of a broader variance/exemption process was discussed conceptually with the Board in previous meetings, staff is not recommending adding a general variance process at this time due to pending legal uncertainties and the complexity of administering a general variance permit process. Finance/Resource Impact: Decibel-based enforcement would require an investment in both decibel meters and training. Staff estimates that a new type-2 decibel meter costs between $2,000 and $3,000. The main resource impact associated with a decibel-based standard is training enforcement personnel on how to measure sound and testify to it, as well as the time spent enforcing. Based on information from the City and County of Denver, staff would expect at least a week of training on enforcement alone. Level of Public Interest High. Attachments 1. 2024 Noise Ordinance Revision Draft 2. Decibel Level Comparison Chart Title 8 ‐ Health, Sanitation and Nuisances  Chapter 8.06 Noises  Estes Park, Colorado, Municipal Code    Created: 2024‐09‐13 11:42:21 [EST] (Supp. No. 33, Update 4)  Page 1 of 3  Chapter 8.06 Noises  8.06.010 Definitions.  The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to  them in this Section, except where the context clearly indicates a different meaning:   Amplified outdoor sound means sound modified or amplified by the use of sound equipment on any  premises not fully enclosed by permanent walls and a roof.   Domestic power equipment means any power equipment rated five (5) horsepower or less used for  home or building repair or grounds maintenance, including but not limited to lawn mowers, garden tools,  snow blowers and chain saws.   Muffler means an apparatus consisting of a series of chambers or baffle plates designated for the  purpose of transmitting gases while reducing sound emanating from such apparatus.   Sound equipment means a loudspeaker, public address system, amplification system, or other sound  producing device.   Unreasonable noise shall mean any excessive or unusually loud noise or sound with intensity or  duration that disturbs the peace, health, comfort, repose or quiet of a reasonable person of normal  sensitivities.   Vehicle means any machine propelled by power other than human power, designed to travel along the  ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and  includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy  and wagon.   8.06.020 Noise prohibited.  (a)No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises owned or possessed by such person or under such person's control. For purposes of this Section, Law Enforcement or Code Enforcement personnel are empowered to make a prima facie determination as to whether a noise is unreasonable. (b)In determining whether noise is unreasonable, the following may be considered: (1)The time of day; (2)The size of any gathering of persons creating or contributing to the noise; (3)The presence or absence of sound equipment; and (4) Any other factors tending to show the magnitude and/or disruptive effect of the noise. (c)With regard to vehicles, the determination of unreasonable noise, in addition to the previously stated factors shall include, but not be limited to: (1)The continuous or repeated sounding of any horn, alarm or signal device of a vehicle, except where an actual emergency or danger exists. For the purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time. ATTACHMENT 1           Created: 2024‐09‐13 11:42:20 [EST]  (Supp. No. 33, Update 4)    Page 2 of 3  (2) The operation of any vehicle in a manner which causes unreasonable noise as a result of unnecessary  rapid acceleration, deceleration, revving the engine or tire squeal.  (d) A noise may be unreasonable and a violation of this section may occur in addition to a violation of section  8.06.025, below, or even if there is no violation of section 8.06.025.  The two sections are independent and  penalties for their violation shall be cumulative.  8.06.025 Maximum permissible noise levels.  (a) No person shall make, continue or cause to be made or continued any noise, and no person shall knowingly  permit noise upon any premises owned or possessed by such person or under such person's control, in  excess of the following volume limits, as measured in locations as described below, established for the  following time periods and zoning districts:  Zone 7:00 a.m. to 10:00 pm 10:00 p.m. to next 7:00 a.m.  Residential  RE, E‐1, E, R, R‐1,  R‐2, RM  60 dB(A) 55 dB(A)  Commercial  A, A‐1, CO, CD, O  65 dB(A) 60 dBA)  Industrial  I‐1, CH  80 dB(A) 75 dB(A)    (b) Noise shall be in violation of this section if it exceeds the above limits within or at the boundary of a property  other than the property at which the noise originates, excluding public right‐of‐way.    (c) [Explanation of which limits apply when sound moves from one zone to another]    8.06.030 Restrictions on amplified outdoor sound.  It shall be unlawful for any person to make, cause to be made or to permit amplified outdoor sound upon  any premises possessed or controlled by such person where such sound occurs between the hours of 10:00 p.m.,  through 10:00 a.m., of the next day except that on Friday and Saturday nights amplified outdoor sound is  permitted until 11:00 p.m. Amplified outdoor sound is also subject to the prohibitions set forth in section 8.06.020  and 8.06.025.   8.06.040 Exceptions.  The prohibitions set forth in Subsection 8.06.020(1) shall not apply to sound from:   (1) Any bell or chime from any building, clock, school or church;             Created: 2024‐09‐13 11:42:20 [EST]  (Supp. No. 33, Update 4)    Page 3 of 3  (2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used in case  of fire, collision, civil defense, police activity or other imminent danger;   (3) Aircraft which are operated in accordance with federal laws or regulations;   (4) Town authorized or sponsored events including, but not limited to, parades, fireworks displays,  concerts, and events at Stanley Park, Bond Park, or Performance Park;   (5) Any domestic power equipment, except as provided within this subsection, operated upon any  residential, commercial, industrial or public place between 7:00 a.m. and 9:00 p.m.;   (6) Any construction, maintenance, or repair activities between 7:00 a.m. and 9:00 p.m., or at other times  as may be authorized under section 8.06.045;   (7) Activities directly connected with the abatement of an emergency;   (8) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the  purpose of snow removal;   (9) Noise generated from golf course maintenance equipment.   8.06.045 Nighttime construction noise in the right‐of‐way.  The prohibitions set forth in sections 8.06.020 and 8.06.025 shall not apply to sound from any construction,  maintenance, or repair activities at any time on public right‐of‐way, if the Town Engineer Board of Trustees  specifically approves the sound occurring between 9:00 p.m. and 7:00 a.m., in which case the approval shall be  noted on the permit issued under chapter 12.08 for the work in the right‐of‐way. In determining whether to  approve such sound, the Town Engineer Board shall consider:   (1) Whether the cumulative detrimental impacts to the public, including roadway users and adjacent  property owners, would be lesser with nighttime construction or, if applicable, with delayed  completion of daytime construction; and   (2) Whether the nighttime work will comply, as required, with all the Town's restrictions on exterior  lighting, including those applicable to new development under chapter 7.9 of the development code,  as shown on a work zone illumination plan.   The permittee must notify the Estes Park Police Department, and the owners and occupants of all properties  located within one thousand (1,000) feet of the work occurring between 9:00 p.m. and 7:00 a.m., of the activities  and associated sound. Notice shall be given in the manner identified in the permit, which may include written  notice and attempting personal contact at the properties. Notice must be given at least forty‐eight (48) hours prior  to the commencement of the work, and the Town Engineer's approval of the sound shall not be effective until  forty‐eight (48) hours after all such notice is given or attempted as specified.   8.06.050 Exhaust, mufflers.  No person shall discharge the exhaust of any steam engine, internal combustion engine, air compressor  equipment, motor boat, or other power device which is not equipped with a properly maintained exhaust system  with a muffler or a spark arrestor. It is unlawful for any person to operate a muffler or exhaust using a cutout,  bypass or other similar device.   8.06.060 Violation.  A violation of this chapter shall be punishable under the general penalty of chapter 1.20.  The municipal  court shall establish a schedule of escalating fines for successive violations.  LeveLs of Noise In decibels (dB) PaiNfuL & DaNgerous Use hearing protection or avoid 140 Fireworks‚ Gun shots‚ Custom car stereos (at full volume)‚ 130 Jackhammers‚ Ambulances‚ uNcomfortabLe Dangerous over 30 seconds 120 Jet planes (during take off)‚ very LouD Dangerous over 30 minutes 110 Concerts (any genre of music)‚ Car horns‚ Sporting events‚ 100 Snowmobiles‚ MP3 players (at full volume)‚ 90 Lawnmowers‚ Power tools‚ Blenders‚ Hair dryers‚ Over 85 dB for extended periods can cause permanent hearing loss. LouD 80 Alarm clocks‚ 70 Traffic‚ Vacuums‚ moDerate 60 Normal conversation‚ Dishwashers‚ 50 Moderate rainfall‚ soft 40 Quiet library‚ 30 Whisper‚ faiNt 20 Leaves rustling‚ OctOber is NatiONal audiOlOgy awareNess MONth aNd NatiONal PrOtect yOur heariNg MONth American Academy of Audiology | 11730 Plaza America Drive, Suite 300, Reston, VA 20190 | 800-AAA-2336 | www.HowsYourHearing.org ©2009 American Academy of Audiology. All rights reserved. ATTACHMENT 1 Town Clerk <townclerk@estes.org> Fwd: Noise Ordinance Public Comment - Riverrock Townhomes 1 message Gary Hall <ghall@estes.org>Fri, Nov 1, 2024 at 4:49 PM To: Town Clerk <townclerk@estes.org>, Travis Machalek <tmachalek@estes.org> Gary M. Hall Mayor of the Town of Estes Park Office phone: 970-577-3706 Email: ghall@estes.org ---------- Forwarded message --------- From: <craigwilliams1@arcticmail.com> Date: Fri, Nov 1, 2024 at 1:34 PM Subject: Noise Ordinance Public Comment - Riverrock Townhomes To: <mcenac@estes.org>, <bbrown@estes.org>, <khazelton@estes.org>, <migel@estes.org>, <franklancaster@estes.org>, <cyounglund@estes.org>, <ghall@estes.org> Cc: CAROL & RICK LOY <carolhloy@gmail.com>, Johnbev Groves <6speedjohnnie@gmail.com>, <swatson@estes.org> Trustees of Estes Park, I am HOA president of Riverrock Towns. Riverrock Townhomes in Estes Park is a community of 16 independently owned residenal units in duplexes on Moraine Avenue. The units were constructed in 1997 and have been occupied since that me, represenng 27 years. We have been in a dispute concerning noise from “Venue on the Rocks” for some me (last 2 years since the Venue’s incepon). We have entered into Restorave Jusce negoaons, which we hope will offer some help. I have aached our opening posion aempng set our posion. 1.Our situaon is a bit different than most. This neighboring business “morphed” into a major sound producer in our community (we had no issues with Coffee on the Rocks previously), and 2.Some of our residents have been suffering over the last 2 years with health and other issues, aggravated by this noise. We also have the common complaints of those affected by noise in Estes Park, of not being able to enjoy our homes, and having our property values affected. We hope that you will support the 55dB limit on 12 November, for the sake of your Town’s residents, and neighbors. Best regards, Craig A Williams Riverrock Townhomes HOA President 514 Riverrock Circle Estes Park, CO 80571-8035 Cell: 713-628-7406 Colorado email: craigwilliams1@arccmail.com PUBLIC COMMENT RECEIVED BY 2024-11-06 COTR_Comment_30Oct2024_2.pdf 121K Riverrock Townhomes HOA 502 Riverrock Circle Estes Park, CO 80517 President: Craig Williams Vice President: John Groves Secretary: Carol Loy October 30, 2024 To: Town of Estes Park Board of Trustees Restorative Justice Group Riverrock Townhomes in Estes Park is a community of 16 independently owned residential units in duplexes on Moraine Avenue. The units were constructed in 1997 and have been occupied since that time, representing 27 years. We have lived with Coffee on the Rocks uneventfully for many years since that time, and many of our residents and guests are regular customers. Two years ago, the neighboring business owners of Coffee on the Rocks formed a new business entity, “Venue on the Rocks.” This new business entity offers a venue with services for outdoor wedding ceremonies, receptions, family reunions and other events. We supported the formation and the start of Venue on the Rocks in early 2023, as requested by Chuck Scott. This support was for a set back variance for his new structure within the venue. At the time we discussed the event music and WERE ASSURED the music would be similar to previous events that had not impacted, or were even noticed by most of our residences. There is no written document for this agreement being it was among trusted friends, and a handshake sufficed at the time. The reality was much different. Our dispute with this business (Venue on the Rocks) is centered on: 1. The heavy use of outdoor amplified music as part of the entertainment was a new, and unwelcomed addition to this business. The noise level from large crowds with this amplified music compounded the issue for us. One of our HOA units is located less than 75 feet from the venue. Three more units are adjoining the Venue on the Rocks property and are also heavily impacted. Four more units near the property are impacted to lesser degree. This represents half the unit population of the Riverrock Townhome community. To varying levels, the impact ranges from walls vibrating in resonance with the music and amplified DJ voices, to residents have evenings interrupted by heavy crowd noises. The ability of our residents to enjoy a peaceful evening within their homes has been greatly diminished. Property values have been negatively affected and quality of life reduced. One of the residents in the most affected property is recovering from two hospitalizations due to life threatening health issues. Undisturbed sleep is critical to her recovery. The impact of this venue noise has been profound, seriously affecting her future health. On repeated evenings of these occurrences, throughout the summers of 2023 and 2024, the police have been called to enforce the existing noise ordinance. The current ordinance leaves the determination of a violation entirely up to the officer, which has led to a great deal of confusion and no violation tickets issued. This is a common complaint within the Town of Estes Park. We recognize this process is under review by the Estes Park Town Council and we highly support this effort to add definition to the violation determination process. The choice of a 55 dB limit would meet those needs, which is the common limit in much of Colorado. We are hoping the Town of Estes Park will address this issue and allow us to once again to enjoy our homes 2.We believe the discussion should return to the promises originally made to members of our community by Chuck Scott. These promises need to be discussed and adhered to by the business “Venue on the Rocks.” This is how at least some level of trust could be restored. Currently that trust does not exist. Some ground rules for our discussion: 1.We do not recognize “rights,” but we do recognize “privileges” granted by the Town of Estes Park for which we are all members. These privileges are governed by ordinances, variances, and the like. 2.We recognize “Coffee on the Rocks” as being a member of the community for many years and have always opened our easements to customer foot traffic, as well as being customers ourselves. This commercial property is one for which we have NO DISPUTE. 3.Our dispute is narrowly focused on the practices of new “Venue on the Rocks.” The practice of using heavily amplified music and DJs, repeatedly, reaches beyond the promises made in early 2023 by Chuck Scott. The losses our community has suffered include: a.Loss of sleep, b.Loss in ability to enjoy our homes for ourselves and guests, c.Loss of property values, d.Concern for the future viability of our homes. Rectifying this single issue is our only goal (use of loud amplified music and DJs). We support the ordinance noise level of 55 dB. Thank you for your time and consideration. The Riverrock HOA Board