HomeMy WebLinkAboutPACKET Town Board 2018-12-11The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, December 11, 2018
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 27, 2018 and Town Board Study Session
Minutes dated November 27, 2018.
3. Board of Adjustment Minutes dated November 6, 2018 (acknowledgment only).
4. 2019 Contract with Host Compliance for Vacation Home Services.
5. Resolution #30-18 Support of Planning Grant Application with State Board of the Great
Outdoors Colorado Trust Fund for Completion of the Estes Valley Open Space and
Outdoor Recreation Plan.
6. Five-year High-Voltage Power Line Tree Trimming Contract Award with Adam’s Tree
Service, First Year (2019) $330,720.00, Budgeted Annually.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED PLAT, LOTS 1 & 2, LITTLE PROSPECT MOUNTAIN ADDITION,
PROSPECT OF ESTES, LLC, OWNER/APPLICANT. Planner Woeber.
Reconfiguring two lots, Lot 1A and 2A, to be consistent with current zoning.
2. ACTION ITEMS:
A. VARIANCE TO SIGN CODE, FALL RIVER VILLAGE, 511 WEST ELKHORN
AVENUE, FALL RIVER VILLAGE, LLC OWNER. Code Compliance Officer
Hardin.
Setback variance request for two new signs to replace existing signs at Fall River
Village.
Prepared 11-30-2018
*Revised 12-07-2018
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
B. ORDINANCE #20-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT
CODE TO PROVIDE FOR A SPECIAL REVIEW USE (S2) PROCEDURE FOR
OFFICES IN THE RM MULTI-FAMILY RESIDENTIAL ZONING DISTRICT
SUBJECT TO SPECIFIC ACCESSORY USE REQUIREMENTS. Planner
Hathaway.
To allow accessory "offices" as an S2 Special Review Use in the RM Multi-Family
Residential Zoning District subject to specific accessory use requirements.
C. SPECIAL REVIEW USE (S2), ACCESSORY OFFICE IN RM MULTI-FAMILY
RESIDENTIAL ZONING DISTRICT, 1700 BRODIE AVENUE; ESTES PARK
NONPROFIT RESOURCE CENTER/APPLICANT, PRESBYTERIAN
COMMUNITY CHURCH OF THE ROCKIES/OWNER. Planner Hathaway.
Special Review Use (S2) application requesting approval of an accessory “office”
use in the RM-Residential Multi-Family Zoning District.
ACTION ITEMS:
1. ORDINANCE #21-18 EXTENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Planner Woeber.
Request to extend the moratorium for any proposal for application and review of any
Parks and Recreation Facilities, in any Residential Zoning District, to April 7, 2019.
2. RESOLUTION #31-18 2018 SUPPLEMENTAL BUDGET APPROPRIATIONS.
Director Hudson.
3. AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF ESTES PARK AND LARIMER COUNTY FOR THE ESTES PARK LOCAL
MARKETING DISTRICT. Attorney White.
4. APPOINTMENT OF TRUSTEE TO LARIMER COUNTY MENTAL HEALTH
INITIATIVE POLICY COUNCIL. Town Administrator Lancaster.
With the passage of Larimer County initiative 1A, on behavioral health, the County is
forming an advisory policy council to help set policy for the new facility and services.
5. REVISED POLICY 305 BENEFITS AND REVISED POLICY 306 LEAVE. Director
Williamson.
Revisions to policies to address changes in process, provide updates, and add a
Childcare Assistance Benefit and Volunteer Leave.
ADJOURN.
Town of Estes Park, Larimer County, Colorado, November 27, 2018
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 27th day of November, 2018.
Present: Todd Jirsa, Mayor
Cody Walker, Mayor Pro Tem
Trustees Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Greg White, Town Attorney
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Kimberly Disney, Recording Secretary
Absent: Trustees Carlie Bangs
Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Cenac) to approve the Agenda with Action
Item 7 to follow the Consent Agenda, and it passed unanimously.
PUBLIC COMMENTS.
Kurtis Kelly/County citizen spoke about the Estes Park Shuttle service regarding the
2019 plan to discontinue service to stops outside of Town limits. He predicted the
discontinued service would result in a lower ridership and encouraged the Town Board
to review ridership numbers following the 2019 season.
Nancy Almond/County citizen spoke on behalf of Estes Valley Investments in Childhood
Success (EVICS). She thanked the Board for their support and announced EVICS
recent move to 1182 Graves Ave where family resource center services will be offered.
EVICS has applied to the Colorado Family Resource Center Association and has been
considered for an Innovation Grant with the United Way of Larimer County.
TOWN BOARD COMMENTS
Trustee Cenac stated the Rooftop Rodeo Committee met and she will be attending the
National Finals Rodeo in Las Vegas where the Rooftop Rodeo has been nominated for
Best Medium Size Rodeo.
Trustee Zornes attended The Northern Colorado Regional Open Space Board meeting
on November 14, 2018 along with Director Muhonen and Supervisor Berg. The League
of Women Voters of Estes Park held an event discussing climate change. He stated the
Open Lands Advisory Board would meet November 29, 2018, and he would be
attending the Fourth Quarter Regional Elected Officials meeting December 5, 2018.
Trustee Zornes congratulated the Estes Park High School on their production of
‘Cabaret.’
TOWN ADMINISTRATOR REPORT.
None. DRAFT3
Board of Trustees – November 27, 2018 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 13, 2018 and Town Board Study Session
Minutes dated November 13, 2018.
3. Estes Valley Planning Commission Minutes dated October 16, 2018 and Study
Session Minutes dated October 16, 2018 (acknowledgement only).
4. Special Meeting of the Estes Valley Planning Commission Minutes dated
October 30, 2018 (acknowledgement only).
5. Transportation Advisory Board Minutes dated October 17, 2018
(acknowledgement only).
6. Special Meeting of the Transportation Advisory Board Minutes dated October 23,
2018 (acknowledgement only).
7. Parks Advisory Board Minutes dated October 18, 2018 (acknowledgement only).
8. Request for Proposals for Broadband Utility Bond Underwriter Services.
It was moved and seconded (Norris/Cenac) to approve the Consent Agenda
with the removal of Consent Item 8 for discussion, and it passed unanimously.
Item 8 - Request for Proposals for Broadband Utility Bond Underwriter
Services. Mayor Jirsa opened the item for public comment.
David Batey/County citizen and Jon Nicholas/Berthoud citizen and Estes Park
Economic Development Corporation President spoke in favor of the Broadband
Utility regarding the necessity of broadband in the modern world and high citizen
support. Broadband services would not be provided through the private sector to the
extent needed in Estes Park. The level of demand for broadband in town displays
the potential success of the utility. The amount of work staff has done to provide
broadband as a utility. Also, the potential applications of broadband when
considering public safety.
It was moved and seconded (Walker/Cenac) to approve Consent Item 8, and it
passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #18-18 REZONING OF LOT 2, CASTLE RIDGE MINOR
SUBDIVISION, WILLIAM VAN HORN/OWNER, ESTES PARK HOUSING
AUTHORITY/APPLICANT. Mayor Jirsa opened the public hearing and
Planner Woeber presented Ordinance #18-18 to rezone Lot 2 of the Castle
Ridge Minor Subdivision from RE (Rural Estate) to RM (Multi-Family
Residential). According to the Town Geographic Information System (GIS),
topographical constraints and existing utility easements limit the site’s
developable area. The Estes Park Housing Authority’s purchase of the
property and future development of the site would be contingent upon the
rezoning of the property. William Van Horn, property owner and Estes Park
Housing Authority Director Naomi Hawf spoke as the applicant and stated it
would be feasible to construct a development in the area; it would not impact
residential property and traffic, and would serve work force residents in the
area. Mayor Jirsa closed the public hearing and Town Attorney White read
the Ordinance into the public record. It was moved and seconded
(Walker/Norris) to approve Ordinance #18-18, and it passed unanimously.
(Trustee Cenac stepped out at 7:55 p.m.)
B. PRELIMINARY AND FINAL MINOR SUBDIVISION PLAT, BEAVER POINT
SUBDIVISION, 1281 HIGH DRIVE, ALAN & LAURA KESTED/OWNERS.
Mayor Jirsa opened the public hearing and Planner Woeber presented the DRAFT4
Board of Trustees – November 27, 2018 – Page 3
preliminary and final minor subdivision plat for the Beaver Point Subdivision
to divide one parcel into three legal lots within the A (Accommodations)
zoning district. Mayor Jirsa closed the public hearing and it was moved and
seconded (Martchink/Zornes) to approve the Beaver Point Preliminary
and Final Subdivision Plat as proposed, and it passed unanimously.
ACTION ITEMS:
(Trustee Cenac returned at 8:00 p.m.)
1. RESOLUTION #28-18 ESTES PARK LOCAL MARKETING DISTRICT 2019
BUSINESS AND OPERATING PLAN. Interim CEO Shannon Davis presented
Resolution #28-18 to approve the 2019 Business and Operating Plan for Visit
Estes Park (VEP). He highlighted the recent and expected staffing changes,
visitation to Estes Park over 2018, provided an analysis of the budget, VEP goals
and mission, target media audiences, and the 2019 objectives. Trustees
discussed the tracking of marketing effects, requested assessments be provided
to the Board throughout the year, local business owner input and stated
appreciation for the presented Operating Plan.
Charley Dickey/Town citizen spoke in favor of the 2019 Business and Operating
Plan stating it would be helpful and effective.
It was moved and seconded (Jirsa/Martchink) to approve Resolution #28-18,
and it passed unanimously.
2. ORDINANCE #19-18 AMENDING CHAPTER 8.06 OF THE MUNICIPAL CODE
CONCERNING UNREASONABLE NOISE. Mayor Jirsa opened the public
hearing and Town Attorney White presented Ordinance #19-18 to amend
Chapter 8.06 of the Municipal Code regarding Unreasonable Noise. The Town
Board previously adopted Ordinance #24-17 in October 2017, which changed the
basis of determining unreasonable noise volume within the Town from a decibel-
based standard to a standard definition of unreasonable noise. Ordinance #24-17
also contained a provision for regulating amplified outdoor music as a decibel-
based regulation. Following repeated public input on the effect of Ordinance #24-
17 on amplified sound and the use and enjoyment of residential properties, the
Town Board reviewed issues created by the adoption of Ordinance #24-17.
Ordinance #19-18 would improve the ability to enforce Municipal Code
prohibitions of unreasonable noise within Town limits. The Board discussed the
removal of the 11:00 pm curfew on Friday and Saturday in §8.06.030 and if the
hour difference would be beneficial. Mayor Jirsa closed the public hearing and
Town Attorney White read the Ordinance into the public record. It was moved
and seconded (Martchink/Zornes) to approve Ordinance #19-18 with the
removal of an 11:00 pm curfew on Friday and Saturday in §8.06.030, and it
failed with Mayor Jirsa, Mayor Pro Tem Walker and Trustee Cenac voting ‘No’.
It was moved and seconded (Cenac/Walker) to approve Ordinance #19-18 as
presented, and it passed unanimously.
3. PUBLIC HEARING - 2019 BUDGET.
Mayor Jirsa reopened the public hearing from November 13, 2018, and Director
Hudson presented the 2019 Budget as ready to be adopted. Trustee Zornes
requested the Learning Place budget line item have a separate motion to allow
him to recuse himself.
Charley Dickey/Town citizen spoke on behalf of Estes Early Childhood Education
and thanked the Town for their support.
Mayor Jirsa closed the public hearing and it was moved and seconded
(Norris/Cenac) to approve the budgeting for the Learning Place, and it
passed with Trustee Zornes abstaining.
DRAFT5
Board of Trustees – November 27, 2018 – Page 4
It was moved and seconded (Walker/Norris) to approve the Highway User’s
Trust Fund, and it passed unanimously.
It was moved and seconded (Martchink/Walker) to approve Resolutions #25-
18, and it passed unanimously.
It was moved and seconded (Cenac/Martchink) to approve Resolution #26-18
with the removal of the Learning Place budget line item, and it passed
unanimously.
It was moved and seconded (Martchink/Walker) to approve Resolutions #27-
18, and it passed unanimously.
4. POLICY 605 – DEBT MANAGEMENT.
Director Hudson presented Policy 605 – Debt Management to provide guidance
on debt issuance and management. A fully developed debt management policy
would improve decision quality, clarify goals, and demonstrate a commitment to
addressing long term capital and financing needs. A policy would also
demonstrate the well managed debt obligations of the Town to rating agencies. It
was moved and seconded (Walker/Martchink) to approve Policy 605 – Debt
Management, and it passed unanimously.
5. CAPITAL IMPROVEMENTS PLAN 2019-2023.
Director Hudson presented the Capital Improvements Plan for 2019-2013
developed using the capital improvement planning process. It was moved and
seconded (Norris/Zornes) to approve the Capital Improvements Plan for
2019-2023, and it passed unanimously.
6. ORDINANCE #07-18 AMENDING THE ESTES PARK MUNICIPAL CODE
CHAPTER 5.20 BUSINESS LICENSES. Mayor Jirsa opened the public hearing
and Town Clerk Williamson presented Ordinance #07-18 to amend Chapter 5.20
of the Estes Park Municipal Code regarding Business Licenses. Chapter 5.20
required amendments to address and clarify issues with the types of businesses,
occupations, and professions which are required to obtain and maintain a
business license. Ordinance #07-18 would update definitions to individual
accommodation units, vacation homes, bed and breakfast inns, and mobile food
vending, establish the fee for all businesses which provide accommodations,
establish a $25 fee for outdoor mobile food vendors, clarify requirements to
provide a copy of the current sales tax license for all businesses required to
obtain a Colorado Sales Tax License and provide a 33% reduction to the
General, Building Contractor, and Home business license fees for 2019. Staff
recommended the approval of the Ordinance with the removal of the reduction
for early payment and penalty for late payment.
The Board discussed including the early payment reduction and late payment
penalty when the business license fee has been reduced to a final amount and
the requirements for posting Colorado Sales Tax Licenses. Mayor Jirsa closed
the public hearing and Town Attorney White read the Ordinance into the public
record. It was moved and seconded (Cenac/Walker) to approve Ordinance
#07-18 Amending Chapter 5.20 to the Estes Park Municipal Code relating to
Business Licenses without any reduction for early payment and penalty for
late payment, and it passed unanimously.
7. RESOLUTION #29-18 SUPPORTING THE PLATTE RIVER POWER
AUTHORITY RESOURCE DIVERSIFICATION POLICY. Town Administrator
Lancaster presented Resolution #29-18 in support of the Platte River Power
Authority Resource Diversification Policy for transitioning to 100% carbon-free
electricity by 2030.
Gordon MacAlpine/Town citizen, Anne Finley/Town citizen, Tom Street/County
citizen, John Vernon/County citizen and Bill Van Horn/County citizen spoke in
favor of Resolution #29-18 regarding the importance of renewable energy and DRAFT6
Board of Trustees – November 27, 2018 – Page 5
climate change, the effect of renewable energy on the environment, the need for
action, citizen interest and the possibility of eliminating fossil fuels completely.
Trustee Zornes stated his appreciation of the citizen interest in the resolution and
its subject matter. Mayor Jirsa requested Trustee Norris read the Resolution into
the public record and it was moved and seconded (Cenac/Zornes) to approve
Resolutions #29-18, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:13 p.m.
Todd Jirsa, Mayor
Kimberly Disney, Recording Secretary DRAFT7
Town of Estes Park, Larimer County, Colorado November 27, 2018
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 27th day of November,
2018.
Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Cenac,
Martchink, Norris and Zornes
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, and Recording Secretary
Beers.
Absent: Trustee Bangs
Mayor Jirsa called the meeting to order at 5:45 p.m.
UPDATE ON PARKING UTILIZATION INCLUDING NUMBER OF RESERVED
SPACES. Manager Solesbee updated the Board on parking utilization data collected
over the months of June, July and August of 2018 for a total of 72 days. Phase I of the
Downtown Parking Management Plan included a parking occupancy study to assess
and confirm parking demands. Data was collected for 2,102 spaces over 17 parking
locations denoting peak occupancy percentages. Length of stay data was not collected
in 2018. Manager Solesbee stated over the collection period occupancies were
observed 53% of the time to be greater than 85%. She added during the peak time of
day from noon to 2:00 p.m occupancies were observed 75% of the time to be greater
than 85%. Staff proposed completion of the Downtown Parking Management Plan
Phase I to include conducting a second occupancy study during the 2019 peak season.
She recommended developing a set of criteria to establish next steps of the program.
There would be no paid parking implemented in 2019. Manager Solesbee would be
meeting with Visitor Services and local businesses for additional feedback on parking
strategies.
Board comments were heard and summarized: Mayor Jirsa stated the importance of
occupancy and suggested staff research calculating the number of visitors unable to
park to determine the number of people who are turned away when capacity levels are
high. He added more turnover in prime parking spaces would generate more sales tax
revenue and determine a value for parking spaces as it relates to reserved spaces.
Trustee Norris welcomed comparable data from other communities who have
implemented similar strategies and questioned if qualitative data was collected in the
surveys. Trustee Norris encouraged staff to meet with Visitor Services and the
ambassadors and the type of interactions and feedback received in regard to parking.
Trustee Cenac stated interest in calculating the duration of time it takes to find a parking
space and whether the dynamic message signs have been effective in directing traffic.
Trustee Martchink stated the benefits of collecting data throughout the entire season
and suggested the use of a cell phone text option for collecting feedback.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
Trustee Martchink requested Board support for the creation of an Art in Public Places
fund. The Board agreed to consider the benefits and would need to compare funding
against other priorities.
Trustee Norris stated the Estes Valley Comprehensive Plan Advisory Committee has
produced drafted documents currently under staff review and would provide DRAFT8
Town Board Study Session – November 27, 2018 – Page 2
recommendations once a decision has been made by the elected Boards on how to
proceed with Comprehensive Planning. The Board determined more information would
be necessary in order to hold an executive session to discuss ongoing Comprehensive
Planning.
FUTURE STUDY SESSION AGENDA ITEMS.
None.
There being no further business, Mayor Jirsa adjourned the meeting at 6:36 p.m.
Bunny Victoria Beers, Recording Secretary DRAFT9
10
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
November 6, 2018 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete
Smith, John Lynch
Attending: Members Moreau, Newsom, Smith, Lynch
Also Attending: Acting Community Development Director Travis Machalek, Planner I
Robin Becker, Recording Secretary Karin Swanlund
Absent: Poggenpohl
Acting Chair Moreau called the meeting to order at 9:00 a.m. There were 3 people in
attendance. He introduced the Board Members and staff.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Newsom) to approved the agenda as presented
and the motion passed 4-0.
2. CONSENT AGENDA
Approval of minutes dated October 2, 2018
Approval of minutes dated October 16, 2018
It was moved and seconded (Newsom/Lynch) to approve the minutes for October 2,
2018 as presented and the motion passed 4-0.
It was moved and seconded (Smith/Newsom) to approve the minutes for October 16,
2018 as presented and the motion passed 3-0 with Lynch abstaining.
3. 216 3rd STREET, Amos and Molly Patrick, owners
Planner Becker reviewed the variance request stating that it was to grant an alternative
setback of nine feet in lieu of the established 10-foot minimum front setback required by
the R-Residential Zoning district. The reason for the variance request is to permit the
construction of an attached 2-car garage. Staff recommended approval of the variance
request.
Staff and Board Member Discussion:
The board collectively asked why staff can’t approve a variance of 10% or less. Becker
answered that she has had guidance from the Director that staff are no longer to be doing
those. Smith asked about the staircase to which Becker answered that Code permits it to
go 3 feet into the setback.
11
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
November 6, 2018
Applicant Comments:
Jess Reetz, Cornerstone Engineering, stated that there was one request from the water
department to stub out water service for running hose bibs toward the street, rather than
the current location behind the house.
It was moved and seconded (Lynch/Smith) to approve the requested variance
allowing a setback of 9 feet in lieu of the 10 foot required setbacks. The motion
passed 4-0.
There being no other business before the Board, the meeting adjourned at 9:10 a.m.
___________________________________
Jeff Moreau, Acting Chair
__________________________________
Karin Swanlund, Recording Secretary
12
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Linda Hardin, Code Compliance Officer
Date: December 11, 2018
RE: 2019 Contract with Host Compliance for Vacation Home Services
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Continue an annual contractual agreement with Host Compliance, LLC to provide
services in connection with administration and enforcement of vacation home
regulations in the Estes Valley.
Present Situation:
The Town and Host Compliance, LLC have been working together under contract since
January 1, 2017. Host Compliance (“HC”) has provided specific service under this
contract during that time. Larimer county is obligated under our IGA (4th Amendment) to
share in the HC contract cost 50/50 with the Town.
In 2018, the Town reduced the scope of services contracted to (a) Monitoring
advertising and marketing of VHs in the Estes Valley, and flagging unauthorized VHs to
staff’s attention; and (b) providing a 24-hour complaint/question hotline for citizens.
Staff’s judgment is that the service (a) has worked very well. In the past 2 years, HC
has brought a sizeable number of VHs in the Estes Valley to our attention that do not
match authorized registered VHs in our database. In 2017, 66 unregistered VHs were
identified and brought into compliance. In 2018, that number dropped significantly to
only 14. The Town has made notable progress in bringing VHs into compliance with the
EVDC regulations.
In May 2018, the cap of 588 VHs in residential zoning districts was met. There are
approximately 30 applications on a wait list to be registered. It is extremely important
that the Town continues to monitor the VH markets and ensure that those unable to
register at this time are not operating. HC plays a major role in this capacity. Their
services are able to identify those non-compliant VHs which would otherwise be left
undetected.
13
With respect to function (b), staff confirms that the hotline is working very well. After a
few adjustments made in early 2018, the service has been more effective in reporting
and dealing with property managers regarding issues. In 2017 HC received 75 hotline
calls. In 2018, they’ve received 74 calls to date. Of the 75 calls received in 2017, 33
were code violations. In 2018, 42 of the 74 calls were code violations. Of the 74 calls
received in 2018, 50 came in after hours or on the weekends. As the community has
become more aware of the hotline, it is being used more effectively.
Proposal:
The new contract is much like the 2018 contract, with an increase in cost due to the
increase in listings. Website listings have increased from approximately 900 in 2017 to
over 2000 in 2018. These are listings, not actual VHs. Many VHs advertise or “list” on
multiple sites.
The new contract is $34,000.00 for services Jan. 1, 2019 through Dec. 31, 2019. Per
the IGA, the County will reimburse the Town for 50 percent of this amount.
Advantages:
Provides a continuous and efficient way to monitor vacation home operations in
the Estes Valley
Provide citizens the ability to report concerns or obtain information with a central
point of contact available 24/7
Disadvantages:
As with all service contracts, there is a direct cost to the public via Town and
County General funding in this case
Action Recommended:
Staff recommends approval of the contract as drafted.
Finance/Resource Impact:
$34,000.00 for one year, shared 50/50 with Larimer County; town cost $17,000.00
Level of Public Interest
Low interest in this specific contract with respect to vacation homes.
Sample Motion:
I move that the Town Board of Trustees approve the Second Amendment to the Host
Compliance Services Agreement, for term January 1, 2019 through December 31,
2019, and authorize the Mayor and Clerk to sign the Agreement.
Attachments:
1. Second Amendment to the Host Compliance Services Agreement for term Jan.
1, 2019 through Dec. 31, 2018
14
Page | 1 Host Compliance Second Amendment to Contract
Second Amendment to the Host Compliance Services Agreement
Between Host Compliance LLC and Town of Estes Park
THIS SECOND AMENDMENT is entered the 3rd day of December 2018 between
HOST COMPLIANCE, LLC a Delaware Limited Liability Company, authorized to do business
in the State of Colorado, hereinafter “HOST COMPLIANCE” or “CONSULTANT” and TOWN
OF ESTES PARK, a Colorado municipal corporation, hereinafter “TOWN”.
WHEREAS, the contract between HOST COMPLIANCE and the TOWN was entered
into January 1, 2017; and
WHEREAS, the contract between HOST COMPLIANCE and the TOWN was amended on
December 7th, 2018; and
WHEREAS, HOST COMPLIANCE agrees to license to the TOWN certain hosted
software and provide all other services necessary for the TOWN’s productive use of such
software; and.
NOW THEREFORE, the parties hereto, for valuable consideration and the mutual
promises between the parties, hereby amend its agreement as follows:
Schedule 1
Scope of Services:
Trend Monitoring
Monthly email-delivered report and live web-delivered dashboard with aggregate statistics on the
short-term rental activity in the Estes Valley Planning Area (“jurisdiction”):
• Active monitoring of jurisdiction's short-term rental listings across 25 STR websites
• Monthly analysis of jurisdiction's STR activity scale, scope and trends
Address Identification
Monthly email-delivered report and live web-delivered dashboard with complete address
information and screenshots of all identifiable STRs in the jurisdiction:
• Up-to-date list of jurisdictions’ active STR listings
• High resolution screenshots of all active listings (captured weekly)
• Full address and contact information for all identifiable STRs in jurisdiction
• All available listing and contact information for non-identifiable STRs in jurisdiction
Compliance Monitoring
Ongoing monitoring of the short-term rentals operating in Town of Estes Park's jurisdiction for zoning
and permit compliance coupled with systematic outreach to non-compliant short-term rental property
owners (using Town of Estes Park's form letters)
15
Page | 2 Host Compliance Second Amendment to Contract
● Ongoing monitoring of STRs for zoning and permit compliance
● Pro-active and systematic outreach to unpermitted and/or illegal short-term rental
operators (using jurisdiction's form letters)
● Monthly staff report on jurisdiction's zoning and permit compliance:
● Up-to-date list of STRs operating illegally or without the proper permits
● Full case history for non-compliant listings
7/24 Short-term Rental Hotline
24/7 staffed telephone and email hotline for neighbors to report non-emergency problems related
to STR properties:
● Incidents can be reported by phone or email
● Full documentation of all reported incidents
● Digital recordings and written transcripts of all calls
● Ability for neighbors to include photos, video footage and sound recordings to document
complaints
● Real-time outreach to owners of problem properties (whenever owner's contact info is
known)
● Weekly staff reports containing:
○ The # and types of reported incidents
○ List of properties for which incidents have been reported
● Custom reports and analysis of hotline related activities
Total Annual Subscription Service Price $34,000
2. Article 5, TERM AND TERMINATION
13.1. The contract shall be extended for a total of 12 months from the expiration of the second
term (December 31st, 2018) such that the service start-date for the second renewal term shall be
January 1, 2019 and the service end-date for the renewal term shall be December 31st, 2019. The
Agreement shall automatically renew for a further period of one year upon each expiry of the
then current term, unless either party provides written notice to the other party of its intention not
to renew at least forty-five (45) days prior to the end of the current term.
2. All other terms and conditions of the December 7, 2016 Agreement between the parties,
shall remain in full force and effect.
IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of
the Effective Date.
16
Page | 3 Host Compliance Second Amendment to Contract
TOWN
Town of Estes Park by its authorized signatory:
Name:
Title:
Date:
Billing Contact:
Billing Email:
Billing Direct Phone:
CONSULTANT
Host Compliance LLC by its authorized signatory:
Name: Ulrik Binzer
Title: Chief Executive Officer
Date: 12/3/2017
Account Executive: Ulrik Binzer
Account Executive Email: binzer@hostcompliance.com
Account Executive Phone: 857-928-0955
17
18
RESOLUTION #30-18
Supporting the Grant Application for a Planning Grant from the State Board of the Great
Outdoors Colorado Trust Fund and the completion of the Estes Valley Open Space and
Outdoor Recreation Plan.
WHEREAS, the Town of Estes Park supports the Great Outdoors Colorado grant
application for the Estes Valley Open Space and Outdoor Recreation Plan. And if the
grant is awarded, the Town of Estes Park supports the completion of the project; and
WHEREAS, the Town of Estes Park has requested $66,000 from Great Outdoors
Colorado to work with the Estes Valley Land Trust to complete the Estes Valley Open
Space and Outdoor Recreation Plan, providing an opportunity for the public to develop
open space and outdoor recreation priorities that help preserve our mountain town and
the gateway to Rocky Mountain National Park, and a plan that will supplement the
Comprehensive Plan Update.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board of Trustees of the Town of Estes Park strongly supports the application
and has appropriated matching funds for a grant with Great Outdoors Colorado.
If the grant is awarded, the Board of Trustees of the Town of Estes Park strongly
supports the completion of the project.
The Board of Trustees of the Town of Estes Park authorizes the expenditure of
funds necessary to meet the terms and obligations of any Grant awarded.
If the grant is awarded, the Board of Trustees hereby authorizes the Town
Administrator to sign the grant agreement with Great Outdoors Colorado.
DATED this day of , 2018.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
19
20
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Superintendent Lockhart and Director Bergsten
Date: December 11, 2018
RE: Five-Year High-Voltage Power Line Tree Trimming Contract Award with
Adam’s Tree Service, First Year (2019) $330,720.00 Budgeted Annually.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To provide high quality, reliable, and safe electric service to our customers, Light and
Power trims tree branches away from our overhead power lines. We are requesting
approval to award the 2019 – 2023 Service Contract for high-voltage power line tree
trimming to Adam’s Tree Service.
Present Situation:
The current contract with Adam’s Tree Service expires at the end of 2018. We
advertised for bids on a five-year tree trimming contract. Two vendors attended the
mandatory walk through. We received only one bid response which was from Adam’s
Tree Service.
Adam’s Tree Service
2019: $330,720.00
2020: $335,712.00
2021: $340,704.00
2022: $345,820.80
2023: $351,000.00
Proposal:
We propose to accept the bid from Adam’s Tree Service. Having worked with Adam’s
Tree Service for the past three years under the current contract, the Town is very
familiar with the quality of their work. Their work performance and cooperation have
been very high quality and consistently reliable. As an established local business, they
have significant local ties and support. The pricing is reasonable and consistent with
our last contract.
21
Advantages:
The Light & Power Department increases its reliability of service and decreases
outages and fire danger by tree trimming around overhead high-voltage power
lines on a regular basis.
Adam’s Tree Service is a local business in good standing and holds a current
Town business license.
Disadvantages:
None.
Action Recommended:
Staff recommends approval of acceptance of the bid from Adam’s Tree Service and
execution of the proposed contract which is attached hereto.
Finance/Resource Impact:
This is included in the approved 2019 budget: 502-6301-540.25-32 – Light & Power
Distribution/Overhead Maintenance/Tree Trimming
Level of Public Interest
Safety and reliability of service has always been of high interest of the public.
Sample Motion:
I move for the approval/denial of the acceptance of the bid and the execution of the
Service Contract from Adam’s Tree Service for a five-year term with each of the last
four years being contingent upon work performance of contract obligations of the
previous year and budget appropriations.
Attachments:
Services Contract Link
22
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: December 11, 2018
RE: Amended Plat, Lots 1 and 2, Little Prospect Mountain Addition, Prospect of
Estes, LLC/Owner/Applicant.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing and make a decision on an Amended Plat request, to reconfigure two
platted lots in order to have each lot be consistent with existing zoning, and to dedicate right-of-
way for a Town street.
Location
Lots 1 and 2, Little Prospect Mountain Addition, Town of Estes Park, located west of the
intersection of Highway 36 (aka N. St. Vrain Avenue) and Stanley Avenue.
Present Situation:
The property is described as Lot 1 and Lot 2 of Little Prospect Mountain Addition with a total
area of 6.80± acres. Currently, Lot 1 is approximately 3.0± acres, and Lot 2 is 3.8± acres in
size. Little Prospect Mountain Addition was platted in 1927. The subdivision is recorded at
Reception No. 328986 in the records of the Larimer County Clerk and Recorder.
The property is split zoned, with 4.56± acres of the total property zoned A (Accommodations),
and a smaller, 2.17± acre portion along the southwest zoned R-2 (Two-Family Residential).
The zoning is not consistent with the current lot configuration.
Applications were previously submitted for this same property, which proposed rezoning a
portion of the site to RM (Multi-Family Residential), and also for an Amended Plat to reconfigure
the two platted lots. The rezoning request was denied by the Board of Trustees on June 26,
2018, and the Plat Amendment was tabled and did not move forward as proposed. This current
Plat Amendment is an entirely different and distinct proposal from the previous, and they are not
connected.
Staff notes there has been discussion of one or both of the subject lots possibly being sold to a
potential new owner, who has discussed some possibilities for the property with Planning staff.
These plans may or may not involve some expansions to the existing motel facilities. An
Report
COMMUNITY DEVELOPMENT
23
expansion proposal would likely involve review and approval of a Development Plan. Staff
emphasizes that thus far, there have only been verbal discussions, and nothing definite has
been proposed or submitted.
Proposal:
This Amended Plat is to reconfigure the lots to be consistent with the existing zoning for the site.
Since the Estes Valley Development Code (EVDC), and associated zoning map were adopted
in 2000, the zoning has not followed the configuration of the two lots. Each lot was partially
within the A (Accommodations), and partially in the R-2 (Two-Family Residential) Zoning
Districts. Why this was zoned this way is unknown. The owner/applicant has used the property
as one parcel since that time, with the property line bisecting the property, including bisecting an
existing structure. This is clearly problematic, and this Amended Plat will resolve that. With this
Amended Plat, proposed Lot 1A would be the entirety of the existing A (Accommodations)
Zoning District, Lot 2A would be the entirety of the R-2 (Two Family Residential) Zoning District.
There is no change to the existing zoning possible with this Amended Plat proposal.
Typically, a simple boundary line adjustment, rearranging the configuration of the two lots,
would be a staff-level review process. However, the Town Department of Public Works
requested the applicant dedicate right-of-way, along Stanley Circle along the southwest portion
of the property. That dedication requires Town Board review and approval. Although right-of-
way dedication can be done through a separate instrument, inasmuch as the boundary line
adjustment is also in process, a single instrument (this plat) can accomplish both goals at the
same time.
See plat, Attachment 2.
Advantages:
Reconfigures two lots to be consistent with proposed zoning.
Removes the encumbrance of having a lot boundary line bisecting a building.
Provides the Town with additional right-of-way along Stanley Circle, which addresses the
deficient right-of-way width along this portion of that street.
Disadvantages:
None.
Review Process:
This amendment to existing lots within a recorded subdivision is considered, per the EVDC,
Section 3.7, a “Staff Minor Modification to Approved Final Plans.” This particular proposal
involves dedication of right-of-way, which requires review and approval on a plat, by the
governing body (Town Board of Trustees). As the Preliminary Plat does not dedicate the right-
of-way, it remains staff level, with the Final Plat going only to the governing body essentially for
dedication-related purposes, and not requiring Planning Commission review and action per the
EVDC, Section 3.9.3. Thus, Board of Trustees will be able to make a dispositive decision on
December 11, as appropriate.
Action Recommended:
Staff recommends the Town of Estes Park Board of Trustees approve the Amended Plat,
reconfiguring Lots 1 and 2 of Little Prospect Mountain Addition, and dedicating right-of-way for
Stanley Circle as proposed.
Finance/Resource Impact:
None.
24
Level of Public Interest
Minimal. Staff has had inquiries from area property owners, who have not expressed opposition
but have mostly needed clarification regarding the current proposal. No opposition has been
received at this writing. Any written comments will be posted to:
www.estes.org/currentapplications.
Sample Motions:
1. I move to approve the application for an Amended Plat to reconfigure Lots 1 and 2 of
Little Prospect Mountain Addition and dedicate right-of-way for Stanley Circle as
proposed.
2. I move to deny the application for an Amended Plat to reconfigure Lots 1 and 2 of Little
Prospect Mountain Addition and dedicate right-of-way for Stanley Circle as proposed,
finding that.…[state findings for denial].
3. I move to continue the application for an Amended Plat to reconfigure Lots 1 and 2 of
Little Prospect Mountain Addition and right-of-way dedication to the next regularly
scheduled meeting. (State reasons for continuance.)
Attachments:
1. Statement of Intent, Application
2. Amended Plat
25
26
27
28
29
30
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Linda Hardin, Code Compliance Officer
Date: December 11, 2018
RE: Variance to Sign Code, Fall River Village, 511 E. Elkhorn Ave., Fall River
Village LLC/Owner
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve or deny the installation of two (2) new freestanding signs, replacing existing
signs on the south (W. Elkhorn Ave.), and the north (Far View Dr.) entrances of Fall
River Village.
Present Situation:
Currently there are freestanding signs in the proposed locations. They were placed
there with approved sign permits in 2005. The permits were approved with a 7’8”
setback for the south sign and no setback for the north sign. In 2005, the setback was
8’ in the existing sign code for both signs. Staff was allowed to modify the setback by
10%. There is no documentation regarding the fact that the north sign was approved
with no setback requirement, and more importantly, the south sign was not placed
where it should have been according to the approved diagram. The south sign currently
encroaches on to Town of Estes Park right-of-way by over 10’.
The previous property owner and former town employees may hold the answer to these
concerns, however, it is somewhat irrelevant at this time. If the existing signs were to
stay, staff would regard them as legally non-conforming. The status of legally non-
conforming would not allow replacement of the signs. Once a sign’s structure has been
purposefully removed, legal non-conforming status is lost.
Mr. Pewterbaugh purchased Fall River Village from bankruptcy and finished the
construction that was abandoned by the previous owner. It was only recently
discovered that the current signs are non-conforming when new sign permit applications
were submitted. Mr. Pewterbaugh is requesting to replace the existing signs with new
signs reflecting the new branding of the property. The south sign, in fact, will reduce the
encroachment over the property line by 6’ (instead of 10’ with the existing sign). Town
Public Works staff indicates they would permit this through the encroachment permit
31
process if the variance is approved. The south sign will still be approximately 15’ from
W. Elkhorn Avenue’s travel surface, and will not be in a sight triangle.
The north sign will not encroach over the property line. The setback requested is 1’
varying from the 5’ setback in the code, and again will not be in the sight triangle.
Both signs’ current locations and proposed new locations are shown in the attachments.
Proposal:
To allow a variance to the 5’ setback requirement in order to replace the existing signs.
Signs are regulated in the Estes Park Municipal Code (Ch. 7.66), not the Estes Valley
Development Code. Sec 7.66.220(b) provides that the Town Board of Trustees may
approve variances to the Sign Code in most circumstances, provided certain criteria are
met. The criteria and staff’s responses are as follows:
1. There are special circumstances or conditions, such as the existence of
buildings, topography, vegetation, sign structures or other matters on adjacent lots or
within the adjacent public right-of-way, which would substantially restrict the
effectiveness of the sign in question; provided, however, that such special
circumstances or conditions must be particular to the particular business or enterprise to
which the applicant desires to draw attention and do not apply generally to all
businesses or enterprises.
Staff response: The proposal would replace existing signage with new signs in
approximately the same footprint and horizontal location. Staff is not aware that other
signs in Town would generally require this type of variance.
2. The variance is in general harmony with the purposes of this Chapter and
specifically is not injurious to the neighborhood in which the business or enterprise is
located.
Staff response: The proposed deviations from Code are not major and there is nothing
to suggest these signs would be out of harmony with the purposes of the Sign Code.
Replacement of signs in approximately the same locations would seem to result in little
if any change to the surrounding area. (It is noted that sign content in most cases is not
regulated by our Codes.)
3. The variance is the minimum one necessary to permit the applicant to reasonably
draw attention to the business or enterprise.
Staff response: Both signs are appropriately located and are not gratuitously designed
to intrude into setbacks. The south sign does encroach into the right-of-way; however,
staff notes that West Elkhorn Avenue is a former State Highway with considerably
greater r.o.w. width than a typical Town street with similar traffic volume and land uses.
32
Advantages:
The new signs reflect the new property branding.
The new signs will provide necessary identification for the property from entrance
street frontages.
The signage will meet all other additional requirements of the Estes Park
Municipal Code.
The location of the new signs is still consistent with the intent of the sign code
with respect to distance from major atrial streets.
The proposed location of the signs will pose no threat to the health or wellbeing
of the public.
Disadvantages:
Setbacks are important to the sign code, and could be challenged by other
business owners.
Action Recommended:
Staff: Approve the application for this setback variance to the sign code.
Finance/Resource Impact:
There are no budget implications.
Level of Public Interest
Low: The Town has not received any comments with regard to this application.
Sample Motion:
I move that the Town Board of Trustees approve the proposed variance to the sign
code as shown in the accompanying Exhibits, allowing the replacement of existing signs
within the setback, finding that it meets all other requirements of the Estes Park
Municipal Code.
Attachments:
1. Sign Permit Applications (2), dated 11-14-2018
2. Statement of Intent, dated 12-04-2018
3. Diagram of proposed sign locations
4. Diagram of proposed sign elevations
5. Photo of existing sign on south side (W. Elkhorn Avenue)
6. Photo of existing sign on north side (Far View Drive)
33
34
35
36
37
38
39
40
41
42
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brittany Hathaway, Planner II
Date: December 11, 2018
RE: Ordinance #20-18: Amendment to Estes Valley Development Code:
EVDC §5.2 Table 5-1: Accessory Uses Permitted in the Residential
Zoning Districts, EVDC §5.2.B.2: Additional Requirements for Specific
Accessory Uses/Structures Permitted in the Residential Zoning Districts
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve proposed text amendments to the Estes Valley Development Code
(EVDC) to provide for a Special Review Use (S2) for office uses in the RM Multi-Family
Residential zoning district, subject to specific accessory use requirements.
Present Situation:
This text amendment is in response to a shortage of adequate and affordable office
space for small businesses and non-profit agencies.
Background:
The Estes Park Nonprofit Resource Center (EPNRC) has been utilizing office space
provided by the Presbyterian Community Church of the Rockies under a Temporary
Use Permit (TUP) granted by the Town of Estes Park since August 2017, which expired
on September 30, 2018. The TUP is not eligible for additional extensions as TUP’s are
not granted for more than a cumulative total of 12 months.
The EPNRC currently occupies 2 underutilized rooms within the church for general
office operations during normal business hours of Monday through Friday 8:00 a.m. to
5:00 p.m. The church has adequate parking to support both uses in addition to available
unused space. The EPNRC has searched elsewhere in the Estes Valley for suitable
and affordable office space, but with no success.
Due to the expiration of the Temporary Use Permit, the EPNRC has requested a Code
Amendment and Special Review Use to continue their partnership with the church. This
43
code amendment would allow similar agreements within the RM Multi-Family
Residential Zoning District where adequate space is available and uses are compatible.
It is important to note that the RM (Multi-Residential) Zoning District allows not only for
residential uses, but allows uses such as senior care facilities, day cares, and religious
assemblies with an S2 review. It also allows government facilities, low-intensity
accommodations, and public schools as permitted by right uses. These examples would
be facilities that could have the ability to offer accessory office space with an S2 Special
Review procedure, subject to restrictions.
Proposal:
Amend EVDC Section §5.2 Table 5-1: (Accessory Uses Permitted in the Residential
Zoning Districts) and amend Section §5.2.B.2: (Additional Requirements for Specific
Accessory Uses/Structures Permitted in the Residential Zoning Districts) as stated in
Exhibit A - Red, attached.
This request would be to allow “offices” in the RM Multi-Family Residential Zoning
District with an (S2) Special Review Use procedure, subject to specific use standards
outlined within Section §5.2.B.2.I. Office use is already defined in Section §13.2.33.
The Special Review Use provision would ensure the ability to conduct public outreach
and comment, place conditions on a proposed institution to ensure minimal impact to
surrounding neighborhoods.
Advantages:
Provides case-by-case Special Review Use consideration for offices when
compatible with the existing primary use, with the specific advantage of providing
affordable space for small business and non-profit agencies.
Disadvantages:
Potential traffic and parking impacts, which may be mitigated through the Special
Review Use process.
Action Recommended:
The Planning Commission reviewed this amendment on November 13, 2018, and
recommended unanimously (two members absent) that it be approved by Town Board
and the Board of County Commissioners.
Finance/Resource Impact:
N/A
Level of Public Interest
Low: No comments have been received. Any comments received prior to this meeting
will be posted to the following website:
https://www.colorado.gov/pacific/townofestespark/currentapplications
44
Sample Motion:
Approval
I move that the Estes Park Town Board of Trustees approve Exhibit A, amending the
Estes Valley Development Code, finding that the amendment is in accord with the
Comprehensive Plan and with Section §3.3 of the Development Code.
Continuance
I move to continue this agenda item to the next regularly scheduled Estes Park Town
Board meeting because (state reason (s) for continuance-findings).
Denial
I move that the Estes Park Town Board of Trustees deny the proposed text
amendments to the Estes Valley Development Code, finding that (state reasons for
denial).
Attachments:
1. Ordinance #20-18
2. Exhibit A - Red
45
ORDINANCE NO. 20-18
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE § 5.2
TABLE 5-1: ACCESSORY USES PERMITTED IN THE RESIDENTIAL ZONING
DISTRICTS AND § 5.2.B.2: ADDITIONAL REQUIREMENTS FOR SPECIFIC
ACCESSORY USES/STRUCTURES PERMITTED IN THE RESIDENTIAL ZONING
DISTRICTS
WHEREAS, on November 13, 2018, the Estes Valley Planning Commission
conducted a public hearing on proposed text amendments to the Estes Valley
Development Code, § 5.2 Table 5-1: Accessory Uses Permitted in the Residential
Zoning Districts and § 5.2.B.2: Additional Requirements for Specific Accessory
Uses/Structures Permitted in the Residential Zoning Districts; and
WHEREAS, on November 13, 2018, the Estes Valley Planning Commission
voted to recommend approval of the text amendments; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Valley Development Code §3.3.D (Code Amendments,
Standards for Review) and has determined that it is in the best interest of the Town that
the amendments to the Estes Valley Development Code, as set forth on Exhibit A, be
approved; and
WHEREAS, said amendments to the Estes Valley Development Code is set
forth on Exhibit A, attached hereto and incorporated herein by this reference:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A [Red].
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2018.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
46
I hereby certify that the above Ordinance was introduced and read at a regular meeting of
the Board of Trustees on the day of , 2018 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2018, all as required by the Statutes of the State of Colorado.
Town Clerk
47
Exhibit A - Red
[Town Board of Trustees 12-11-2018]
• EVDC § 5.2 Table 5-1: Accessory Uses Permitted in the Residential Zoning Districts
• EVDC §5.2.B.2: Additional Requirements for Specific Accessory Uses/Structures
Permitted in the Residential Zoning Districts
§ 5.2 - ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY
STRUCTURES
A. General Standards.
1. Permitted principal uses and approved special review principal uses shall be deemed
to include the accessory uses, structures and activities as set forth in this Section,
unless specifically prohibited.
2. See also §13.2, "Use Classifications," wherein incidental or accessory uses are
sometimes included in the description of a specific principal use. When a use
classification or specific use type definition in §13.2 does include permitted accessory
or incidental uses, such accessory or incidental uses shall be subject to the general
standards set forth in this Section, as well as any use-specific standards set forth in
§5.1 or this Section.
3. All accessory uses, structures and activities shall be subject to the general,
dimensional, operational and use-specific regulations set forth in this Section, in
addition to the same regulations that apply to principal uses in each district. In the case
of any conflict between the accessory use/structure standards of this Section and any
other requirement of this Code, the standards of this Section shall control.
4. All accessory uses and structures shall comply with the following conditions:
a. The accessory use or structure shall be clearly incidental and customarily found in
connection with the principal use; and
b. The accessory use or structure shall be conducted and/or located on the same
zoning lot as the principal use; and
c. There shall be unity of ownership between the principal use and the accessory
use.
(Ord. 15-03 #1; Ord. 08-16, § 1, Exh. A)
B. Accessory Uses/Structures Permitted in the Residential Zoning Districts.
1. Table of Permitted Accessory Uses and Structures.
a. Listed Accessory Uses/Structures . Table 5-1 below sets forth what types of
accessory uses and structures are permitted in which residential zones. If a
specific accessory use or structure is permitted in a residential zoning district, the
column underneath the zoning district will be marked with a "Yes." If the accessory
use or structure is not permitted in a particular zoning district, the column will be
marked with a "No." If there is a reference contained in the column entitled
"additional requirements," please refer to the cited section(s) for additional
standards that shall apply to the specific accessory use.
b. Unlisted Accessory Uses or Structures . If an accessory use or structure is not
listed in Table 5-1 but satisfies all the conditions set forth in §5.2.A.4 above, it may
Exhibit A - Red
[Town Board of Trustees 12-11-2018]
be permitted subject to compliance with the general, dimensional and operational
standards set forth in this Section.
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts
Accessory Use
Residential Zoning District
Additional Requirements
"Yes" = Permitted
"No" = Not Permitted
“S2” = Special Review Use
"CUP" = Conditional Use Permit
RE-
1 RE E-1 E R R-1 R-2 RM
Accessory dwelling
unit Yes Yes Yes Yes Yes No No No
§5.2.B.2.a
1.33 times minimum lot
area required
Barns and stables Yes Yes Yes No No No No No None
(Ord. 15-03 §1)
Day care center
(Ord. 6-06 §1) No No No No No No No Yes
§5.1.F; §5.1.O; as
accessory to a permitted
religious assembly use
Family home day
care, small (Ord. 6-
06 §1)
Yes Yes Yes Yes Yes Yes Yes Yes
§5.2.B.2.d
Home Occupation
As accessory to a principal
residential use only
Fences and walls Yes Yes Yes Yes Yes Yes Yes Yes §7.5.H
Garages, carports,
and off-street parking
areas used to serve
the residents of the
property
Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d and §7.11
Golf clubhouses,
including space for
the sale of golf or
Yes Yes Yes Yes No No No No As accessory uses to golf
courses only
Exhibit A - Red
[Town Board of Trustees 12-11-2018]
other sporting
equipment, food and
refreshments
Home occupation Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.e
(Ord 18-01 §18)
Kitchen, Accessory
(Ord. 08-17 §1) Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.f
(Ord. 03-10 §1)
Kitchen, Outdoor
(Ord. 08-17 §1) Yes Yes Yes Yes Yes Yes Yes Yes
Micro wind energy
conversion systems Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.g
(Ord. 05-10 §1)
Private greenhouses Yes Yes Yes Yes Yes Yes Yes Yes •
Private schools No No No No No No
Yes
(Ord.
19-11
§1)
Yes
As accessory to a
permitted religious
assembly use only;
§5.1.O
Office No No No No No No No S2 §5.2.B.2.I
Satellite dish
antennas 39 inches
(1 meter) or less in
diameter
Yes Yes Yes Yes Yes Yes Yes Yes
Accessory to a principal
residential use only
•To the maximum extent
feasible, but only where
there is no impairment to
acceptable signal quality,
such satellite dish antenna
shall be located in the rear
yard of the residential use
Satellite dish
antennas greater
than 39 inches (1
meter) in diameter
Yes Yes Yes Yes Yes Yes Yes Yes
•Accessory to a principal
residential use only
•To the maximum extent
feasible, but only where
there is no substantial
impairment to acceptable
signal quality, such
Exhibit A - Red
[Town Board of Trustees 12-11-2018]
satellite dish antenna shall
be located in the rear yard
of the residential use.
•To the maximum extent
feasible, the satellite dish
antenna shall be screened
from view from adjacent
public rights-of-way
(including trails)
Small wind energy
conservation
systems (Ord. 21-10
§1)
CUP CU
P
CU
P
CU
P
CU
P
CU
P CUP CUP §5.2.B.2.h
Solar collector
(Ord. 11-11 §1) Yes Yes Yes Yes Yes Yes Yes Yes
Square footage of ground-
mounted solar collectors
shall be calculated as the
area of the solar panels,
not the structure footprint.
Storage or parking of
trucks, cars, or major
recreational
equipment, including
but not limited to
boats, boat trailers,
camping trailers,
motorized homes,
and house trailers
Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.h
Swimming pools/hot
tubs Yes Yes Yes Yes Yes Yes Yes Yes
(Ord. 18-01 §18; Ord. 15-03 §1; Ord 6-06 §1; Ord. 03-10 §1; Ord. 05-10 §1; Ord. 21-10 §1; Ord.
19-11 §1; Ord. 08-17 §1)
2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the
Residential Zoning Districts.
…
Exhibit A - Red
[Town Board of Trustees 12-11-2018]
I.Office
(1) Office permitted as an accessory use in RM Multi-Family Residential Zoning
Districts upon S2 Special Review Use approval by the Decision-Making Body,
subject to the following requirements.
a)No accessory offices shall cumulatively exceed 25% of the gross floor area of
the principal structure.
b)The accessory office use must be incorporated within the primary structure
that exists at the time of Special Review approval.
c)Off-street parking for an accessory office use must comply with §7.11.D at 1
space per 200 square feet of gross floor area.
d) Should existing parking be insufficient, a Development Plan shall be required
to accompany the S2 Special Review application, prior to installation of
additional parking spaces.
(Ord. 13-99 §G, 11/3/99; Ord. 10-00 §1, 7/25/00; Ord. 18-01 §§17—19, 10/23/01; Ord. 2-02 §8,
2/12/02; Ord. 15-03 §§1, 2, 8/12/03; Ord. 8-05 §1, 6/14/05; Ord. 6-06 §1, 9/26/06; Ord. 02-10
§1, 1/26/10; Ord. 03-10 §1, 1/26/10; Ord. 11-10 §1, 3/30/10; Ord. 21-10 §1, 9/28/10; Ord. 11-11
§1, 4/26/11; Ord. 19-11 §1, 9/27/11; Ord. 08-16, § 1(Exh. A), 3/22/16; Ord. 29-16, § 1(Exh. A),
12/15/16; Ord. 08-17 §1(Exh. A), 3/28/17; Ord. 09-17, § 1(Exh. A), 3/28/17; Ord. 27-17 , §
1(Exh.), 10/24/17; Ord. 34-17 , § 1(Exh. A), 2/13/18)
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brittany Hathaway, Planner II
Date: December 11, 2018
RE: S2 Special Review Use: Office Use (EPNRC) in the RM (Multi-Family
Residential) Zoning District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and take action on a Special Review Use (S2) application requesting approval
of an accessory “office” use in the RM (Multi-Family Residential) zoning district.
Proposal:
This is a Special Review Use (S2) proposal to permit an accessory office use within the
RM (Multi-Family Residential) zoning district.
This review procedure provides an opportunity to allow the requested use when
manageable impacts can be shown and by imposing mitigation measures, or conditions,
to address any potential concerns.
This Special Review Use is dependent on the preceding approval of a Code
Amendment requesting “offices” be permitted as an accessory use in the RM Multi-
Family Residential zoning district upon S2 Special Review Use approval.
The Estes Park Nonprofit Resource Center (EPNRC) is requesting to continue their
relationship with the Presbyterian Community Church of the Rockies at 1700 Brodie
Avenue where they currently lease 800 square feet of office space out of the
approximate 22,662 square-foot facility.
The EPNRC has been operating with a Temporary Use Permit since August 2017,
which expired on September 30, 2018. However, they are allowed to continue
operations during this application process.
The applicant has provided a narrative which may be found in Attachment #2. The
narrative describes the proposed use and applicable operation specifics. They describe
53
the relationship with the Presbyterian Community Church of the Rockies as mutually
beneficial with little to no impact to surrounding uses.
Additionally, there are 125 parking spaces available for the church. Per EVDC § 7.11, a
religious assembly use requires 1 space per 50 square feet of assembly area, which
equates to approximately 80 required spaces. Office use requires 1 space per 200
square feet, which equates to 4 required spaces. As such, the facility has more than
adequate parking to support both desired uses.
The proposed Special Review Use may be subject to the following conditions as
recommended by staff:
1. Applicant shall notify staff of any increase in office use in order to confirm the
office use does not exceed 25% of gross floor area of the principal structure and
appropriate parking is provided.
2. This S2 Special Use Review shall be granted only for the Estes Park Nonprofit
Resource Center or any successor organization with the same or similar goals
and functions. Should an unaffiliated office use within the principal structure be
requested, it shall go through a new and separate S2 Special Use Review
application.
Staff Findings of Fact:
Approval of a Special Review Use shall not constitute a change in the base zoning
district and shall be granted only for the specific use approved at the specific site.
Approval is subject to such modifications, conditions, and restrictions as may be
deemed appropriate by the Decision Making Body. (EVDC §3.5)
Per the EVDC, all applications for a Special Use Review shall demonstrate compliance
with all applicable criteria and standards set forth in Chapter 5, “Use Regulations”.
Should the Code Amendment proposed with this application be approved, this use
would be subject to the following standards:
No accessory offices shall cumulatively exceed 25% of the gross floor area of the
principal structure.
The accessory office use must be incorporated within the primary structure that
exists at the time of Special Review approval.
Off-street parking for an accessory office use must comply with §7.11.D at 1
space per 200 square feet of gross floor area.
Should existing parking be insufficient, a Development Plan shall be required to
accompany the S2 Special Review application, prior to installation of additional
parking spaces.
54
Advantages:
Allows for the continued operation of a nonprofit office use in a compatible and
affordable setting.
Disadvantages:
Potential traffic impact during peak visitation hours.
Action Recommended:
The Planning Commission reviewed this amendment on November 13, 2018, and
recommended unanimously (two members absent) that it be approved by Town Board.
Finance/Resource Impact:
N/A
Level of Public Interest
Low: No public comments have been received. Any comments received prior to this
meeting will be posted to the following website:
https://www.colorado.gov/pacific/townofestespark/currentapplications
Sample Motion:
Approval
I move that the Estes Park Town Board of Trustees approve the request for a S2
Special Review for an accessory office use (Estes Park Nonprofit Resource Center) to
operate in the RM (Multi-Family) residential zoning district, including findings and
conditions as recommended by staff.
Continuance
I move to continue this agenda item to the next regularly scheduled Estes Park Town
Board meeting because (state reason (s) for continuance-findings).
Denial
I move that the Estes Park Town Board of Trustees deny the Special Review Use
proposal, finding that (state reasons for denial).
Attachments:
1. Vicinity Map
2. Statement of Intent
3. Aerial Map Provided by Applicant
55
520
720
830
898
898
694
810
820
890
894
702
1700
370
1480
1600 1600
1885
1870
1855
1890
1880
1801
1601
Fish CreekFISH CREEK RDBRODIE AVE
SKETCH BOX LN
SKETCHBOXL N
W A PITICIRWAPITI CIR
LAKEESTES
UNIT30
UNIT18
UNIT19UNIT15
This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 80 160Feet
1 in = 154 ft±Town of Estes ParkCommunity Development 1700 Brodie Ave.
Printed: 10/17/2018Created By: Brittany Hathaway
Subject Property
56
57
58
59
Re: Maggie here
Patrick Martchink <patrick.martchink@gmail.com> Thu, Dec 6, 2018 at 10:34 AM
To: Maggie S <mlbandaeb123@gmail.com>
Cc: Patrick Martchink <pmartchink@estes.org>, townclerk@estes.org
Thank you, Maggie. I'm submitting your message to the Town Clerk to be included in public comment.
Feel free to send any Town related emails to me at pmartchink@estes.org.
Patrick
On Thu, Dec 6, 2018 at 7:37 AM Margaret <mlbandaeb123@gmail.com> wrote:
Good Morning
I noticed that on next weeks town meeting agenda there is a zoning item to allow for ‘O’ (office) to be
part of RM (residential multi-family).
This would be the item that will allow Crossroads to move into the Westover office on Wildfire road,
& as such be part of the new workforce housing development.
Unfortunately I cant make the meeting but I’m hoping someone (you?) will raise the following 2
questions:
1. How does this impact other residential zones currently or going forward?
2. Does the current “O’ definition (apparently there are 5 of these designations currently in the town)
need to be revisited and/or tightened up prior to making this change so as to ‘protect’ residents in any
future requests for the same?”
If Estes truly wants to start to improve their zoning as Todd claims, then it is prudent to stop making
one-off changes until looking first at the totality and full impact of any change.
While this change appears harmless initially, the board has an obligation to ALL citizens to make an
informed decision, especially on the currently sensitive subject of zoning changes that continue to
occur.
Thanks much.
Best,
Maggie
60
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: December 11, 2018
RE: Ordinance No. 21-18 An Ordinance Extending a Temporary Moratorium on the
Application and Review of Park and Recreation Facilities in Residential Zoning
Districts
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Present Situation:
On October 9, 2018, a temporary moratorium was imposed by the Board of Trustees,
on the acceptance and processing of development applications for Park and Recreation
Facilities in residential zoning districts within the Town. This was due to concerns that
were raised due to Park and Recreation Facilities being a permitted use in all residential
zoning districts, per the Estes Valley Development Code (EVDC). The temporary
moratorium was passed for a period of 90 days, through January 7, 2019.
The temporary moratorium was to allow Community Development staff, the Estes Valley
Planning Commission, the Town Board of Trustees, and the Board of Larimer County
Commissioners (BOCC) to determine what amendments might be appropriate to the
relevant provisions of the EVDC relating to Park and Recreation Facilities within the
Estes Valley’s residential zoning districts.
Community Development staff has begun preparing a draft amendment to the definition
of Park and Recreation Facilities within the EVDC. The amendment would first be
reviewed by the Estes Valley Planning Commission (EVPC), and then taken to the
Town Board and the BOCC. Approval of both Boards would be necessary to amend the
EVDC. At this time, the draft amendment had not been sufficiently reviewed by Town
and County staffs and legal counsels, and a draft is not yet ready to take to the EVPC at
their next meeting of December 18, 2018. With that, there is not ample time to bring a
draft amendment to the two Boards prior to the January 7, 2019 expiration of the
temporary moratorium. Staff is requesting an extension of the temporary moratorium,
for an additional 90 days. This would extend it through April 7, 2019.
Memo
COMMUNITY DEVELOPMENT
61
TOWN OF ESTES PARK BOARD OF TRUSTEES, DECEMBER 11, 2018
EXTENSION TO MORATORIUM, PARK AND RECREATION FACILITIES
PAGE | 2
A similar moratorium has been imposed by the BOCC, and the same extension will be
requested of the BOCC by staff.
Advantage:
Provides time for drafting revisions to the current regulations and processes for Park
and Recreation Facilities, and allows for additional public comment, EVPC and Board
review.
Disadvantage:
A potential to delay a proposal for a development application for a Park and Recreation
Facility in a residential zone district. (Staff is not aware of any such proposals at this
time.)
Action Recommended:
The review and, if appropriate, adoption of Ordinance No. 21-18 is a policy decision of
the Town Board.
Finance/Resource Impact:
None.
Level of Public Interest
High.
Sample Motion
I move to adopt/not adopt Ordinance No. 21-18.
Attachments:
Ordinance No. 21-18
62
ORDINANCE NO. 21-18
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS
WHEREAS, on October 9, 2018 the Board of Trustees of the Town of Estes Park
approved Ordinance No. 17-18, imposing a temporary moratorium on the acceptance and
processing of any new development applications for Park and Recreation Facilities as
defined in Section 13.2.C.34 of the Estes Valley Development Code (EVDC) for
development in the RE-1, RE, E-1, E, R, R-1, R-2, RM zoning districts of the EVDC within
the Town of Estes Park.; and
WHEREAS, the temporary moratorium was for a period of 90 days, through
January 7, 2019; and
WHEREAS, the temporary moratorium was imposed to allow for the adequate
review, including public comment, of the drafting of amendments to the EVDC regarding
Park and Recreation Facilities in residential zoning districts in the Estes Valley
(“amendments”); and
WHEREAS, an additional 90-day period is needed in order for staff to adequately
draft amendments, and for the amendments to be reviewed by the public, the Estes Valley
Planning Commission, the Board of Trustees, and the Larimer Board of County
Commissioners, and, if appropriate, to be adopted by those two Boards; and
WHEREAS, it is the opinion of the Board of Trustees that it is necessary to extend
the temporary moratorium for only the time period necessary to allow the Estes Valley
Planning Commission, the Board of Trustees, and the Larimer County Board of County
Commissioners to adequately review possible new amendments, including public
comment, and if appropriate, adopt amendments to the EVDC concerning Park and
Recreation Facilities within residential zoning districts within the Estes Valley; and
WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq.
C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the Town
of Estes Park has the power to extend the temporary moratorium.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK:
Section 1. The Board of Trustees hereby extends the temporary moratorium on
the acceptance and processing of any new development application for
Park and Recreation Facilities as defined in Section 13.2.C.34 of the
Estes Valley Development Code for development in the RE-1, RE, E-
1, E, R, R-1, R-2, RM zoning districts of the EVDC within the Town of
Estes Park.
63
Section 2. This extension of the temporary moratorium shall take effect on January
7, 2019 and be in force for ninety (90) days unless extended, amended
and/or terminated by further action of the Board of Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the
preservation of the health, safety, and welfare of the citizens of the Town in order to
temporarily delay the acceptance and review of any development application for Park and
Recreation Facilities within residential zoning districts in the Town of Estes Park, and
therefore this Ordinance shall take effect and be in force immediately after its passage,
adoption, and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this day of , 2018.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2018 and
published in a newspaper of general circulation in the Town of Estes Park, Colorado, on
the _____ day of , 2018, all as required by the Statutes of the
State of Colorado.
Town Clerk
64
FINANCE DEPT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: December 11, 2018
RE: Resolution # 31-18, 2018 Supplemental Budget Appropriations
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To obtain approval of Resolution # 31-18 to appropriate funding for final year end
budget adjustments.
Present Situation:
This is the final budget amendment for 2018. As such, departments were asked to
review the current budget and then revise the 2018 estimated final expenditures by
account. This was then reviewed by fund to identify the final needed budget
amendments. There were also a couple of changes made to the Electric Fund budget
to better position the fund for possible broadband bond issuance later in 2019.
The following summarizes some of the most significant appropriation changes included
within this budget amendment:
1) General Fund: $5,000 Net Increase
Museum - $5,000 Increase
Increased conservation supplies for the Trail Gazette newspaper digitization project.
This effort is being funded by the Estes Park Museum Friends & Foundation Inc. and
the Estes Valley Library. $5,000 in donation revenue has been budgeted to offset
the project expense so there is no net impact to the General Fund for 2018.
2) Community Center Fund: $66,630 Net Increase
Estes Valley Recreation and Park District (EVRPD) - $66,630 Increase
The transfer to EVRPD for the community center has been increased to correspond
with a revised sales tax estimate for this fund. The estimate has been increased in
an attempt to prevent over expenditure of the budget if sales taxes come in stronger
than anticipated over the last three months of the year.
65
3) Light & Power Fund (L&P): $533,208 Net Decrease
Vehicle Replacement Transfer- $313,208 Decrease
The L&P equipment are being moved back into the L&P Fund out of the Vehicle
Replacement Fund (VRF) effective Jan 1, 2018. As part of this, the annual
contribution from L&P Fund to the VRF is being removed from the L&P
appropriations.
General Fund Surplus Transfer - $220,000 Decrease
L&P transfers into the General Fund had been increased in the past to reduce the
burden on the Water Fund. For 2018, this transfer is being moved back to the Water
Fund, reducing the appropriation needed for the L&P transfer to the General Fund.
4) Water Fund: $90,096 Net Decrease
Vehicle Replacement Transfer- $90,096 Decrease
The Water Fund equipment are being moved back into the Water Fund out of the
Vehicle Replacement Fund (VRF) effective Jan 1, 2018. As part of this, the annual
contribution from Water Fund to the VRF is being removed from the Water Fund
appropriations.
General Fund Surplus Transfer - $220,000 Increase
Water Fund transfers into the General Fund had been decreased in the past, shifting
part of the burden to L&P. For 2018, this transfer is being moved back to the Water
Fund, increasing the appropriation needed for the Water Fund transfer to the
General Fund.
Capital Outlay - $220,000 Decrease
The building remodeling and meter replacement appropriations are being reduced to
what was actually needed in 2018 to offset the increased transfer to the General
Fund mentioned above.
5) Medical Insurance Fund: $196,742 Net Increase
Claim Processing Fee - $196,742 Increase
The appropriation for the medical insurance claim administration fee is being
increased to cover additional costs of claim processing and the reinsurance
premium. Even with this change, the fund is currently projected to have a positive
increase of around $215,000 for 2018.
6) Information Technology Fund: $21,502 Net Increase
Personnel Costs - $21,502 Increase
Staffing costs are higher than originally projected largely due to increased overtime
to work on network issues and projects, including Laserfiche, Utility Billing
Modernization Project (online portal), and Broadband utility efforts.
66
7) Vehicle Replacement Fund: $2,691,264 Net Increase
Transfer Equipment back to L&P and Water Funds - $2,691,264 Increase
VRF cash reserves and equipment for the two utility funds are being transferred back
into the respective fund to provide a more complete picture of each operation. This
will also strengthen the L&P Fund if the Town moves forward with bond issuance for
a municipal broadband system. The L&P and Water Funds each have a
corresponding transfer in as well.
Fund Cash Reserves Equipment Total
Transfer Out
L&P Fund 1,140,755 998,552 2,139,307
Water Fund 212,072 339,885 551,957
Total 1,352,827 1,338,437 2,691,264
Proposal:
Staff is seeking approval of the amendments to the 2018 budget and its accompanying
resolution as proposed above.
Advantages:
The Town will have budget authorization to pay operational and capital costs as
needed, including year end accruals.
Disadvantages:
There is little disadvantage of appropriating these funds for their respective restricted
purposes.
Action Recommended:
Staff recommends approval of the supplemental budget resolution.
Finance/Resource Impact:
The General Fund is currently projected to end 2018 with a 21% fund balance. Each
fund is expected to end 2018 with a positive fund balance as well.
Level of Public Interest
There has been no public comments received about this budget amendment.
Sample Motion:
I move for the approval/denial of Resolution #31-18 Supplemental Budget
Appropriations to the 2018 Budget.
Attachments:
Attachment A – Resolution #31-18 Supplemental Budget Appropriations to the 2018
Budget
Attachment B – Recap of Proposed Budget Amendments and supporting schedules
67
RESOLUTION #31-18
SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2018 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
2018 annual budget in accordance with the Local Government Budget Law on
November 28th, 2017; and
WHEREAS, additional projects and activities have been identified that were not
known or included in the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair 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 appropriations be increased by $2,357,834 for funds specified below
and these amounts are hereby appropriated from additional revenue or available fund
balance of each fund.
Fund # Fund Name Existing
Appropriations
Amendment Amended
Appropriations
101 General Fund 20,958,180 5,000 20,963,180
204 Community Reinvestment Fund 4,646,341 0 4,646,341
211 Conservation Trust Fund 32,541 0 32,541
220 Larimer County Open Space Fund 1,295,730 0 1,295,730
236 Emergency Response System Fund 45,685 0 45,685
238 Community Center Fund 696,700 66,630 763,330
244 Trails Fund 300,000 0 300,000
260 Street Fund 5,635,833 0 5,635,833
502 Light & Power Fund 19,983,031 (533,208) 19,449,823
503 Water Fund 10,480,823 (90,096) 10,390,727
606 Medical Insurance Fund 2,002,909 196,742 2,199,651
612 Fleet Maintenance Fund 426,571 0 426,571
625 Information Technology Fund 715,771 21,502 737,273
635 Vehicle Replacement Fund 366,916 2,691,264 3,058,180
Total All Funds 67,587,031 2,357,834 69,944,865
68
DATED this day of , 2018.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
69
TOWNOFESTESPARKRECAPOFPROPOSEDBUDGETADJUSTMENTSFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018101204211220236238244260GENERALFUNDCOMMUNITYREINVESTMENTCONSERVATIONTRUSTLARIMERCOUNTYOPENSPACEEMERGENCYRESPONSECOMMUNITYCENTERTRAILSSTREETRevenues,AsAmended$23,294,810$4,123,453$32,550$1,748,847$69,800$763,330$356,930$2,021,900Expenses,AsAmended20,963,1804,646,34132,541 1,295,73045,685763,330300,0005,635,833Net 2,331,630(522,888)9453,11724,115056,930 (3,613,933)BeginningFundBalance,1/1/182,179,032630,71854,957 (371,805)31,8020233,2944,334,169EstimatedEndingFundBalance,12/31/18$4,510,662 $107,830$54,966$81,312$55,917$0 $290,224$720,236BudgetReservesNonspendablePrepaidFundBalance&RestrictedDonation60,000TotalRestrictedFundBalance60,00021.2%502503606612625635LIGHT&POWER WATERMEDICALINSURANCE FLEETINFORMATIONTECHNOLOGYVEHICLEREPLACEMENT TOTALRevenues,AsAmended$19,092,269$6,410,740$2,418,625 $428,825 $726,276$489,115 $61,977,470Expenses,AsAmended19,449,823 10,390,7272,199,651426,571737,273 3,058,18069,944,865Net (357,554) (3,979,987) 218,9742,254(10,997) (2,569,065) (7,967,395)BeginningFundBalance,1/1/188,327,4786,471,292767,949380,767240,361 2,822,913 26,102,927EstimatedEndingFundBalance,12/31/18$7,969,924$2,491,305 $986,923 $383,021 $229,364$253,848$18,135,532Attachment B 1 of 970
TOWNOFESTESPARK
SUMMARYOFANTICIPATEDREVENUEADJUSTMENTS
FORYEARENDED12Ͳ31Ͳ2018
RESOLUTION31Ͳ18
ASOFDec11,2018
Fund/Dept FundName CurrentBudget Amendment
Budget
AsAmended
101 GENERALFUND 23,289,8105,00023,294,810
204 COMMUNITYREINVESTMENT4,123,453Ͳ4,123,453
211 CONSERVATIONTRUST 32,550 Ͳ32,550
220 LARIMERCOUNTYOPENSPACE 1,748,847Ͳ1,748,847
236 EMERGENCYRESPONSE 69,800Ͳ69,800
238 COMMUNITYCENTER 696,70066,630763,330
244 TRAILS 356,930Ͳ356,930
260 STREET 2,021,900Ͳ2,021,900
502 LIGHT&POWER 16,952,9622,139,30719,092,269
503 WATER 5,858,783551,9576,410,740
606 MEDICALINSURANCE 2,590,625(172,000)2,418,625
612 FLEET 428,825Ͳ428,825
625 INFORMATIONTECHNOLOGY 726,276Ͳ726,276
635 VEHICLEREPLACEMENT 892,419(403,304)489,115
TOTAL 59,789,8802,187,59061,977,470
Attachment B 2 of 9 71
TOWNOFESTESPARK
SUMMARYOFSUPPLEMENTALAPPROPRIATIONS
FORYEARENDED12Ͳ31Ͳ2018
RESOLUTION31Ͳ18
ASOFDec11,2018
Fund/Dept FundName CurrentBudget Amendment
BudgetAs
Amended
101 GENERALFUND
101Ͳ1100 Legislative 213,362Ͳ213,362
101Ͳ1200 Judicial 86,131Ͳ86,131
101Ͳ1300 Executive 412,781Ͳ412,781
101Ͳ1400 AdminSvcs 639,869Ͳ639,869
101Ͳ1500 Finance 549,452Ͳ549,452
101Ͳ1600 ComDev(Planning)815,068Ͳ815,068
101Ͳ1700 Facilities 1,325,332Ͳ1,325,332
101Ͳ1800 EmployeeBenefits 159,651Ͳ159,651
101Ͳ1900 CommunityServiceGrants 1,070,241Ͳ1,070,241
101Ͳ2100 PoliceͲPatrol 3,385,722Ͳ3,385,722
101Ͳ2155 PoliceͲCommunications 984,181Ͳ984,181
101Ͳ2175 PoliceͲCommSvcs 348,097Ͳ348,097
101Ͳ2300 BuildingSafetyDivison 589,092Ͳ589,092
101Ͳ2400 Engineering 547,023Ͳ547,023
101Ͳ2600 VisitorCenter 454,232Ͳ454,232
101Ͳ3100 Streets 2,885,986Ͳ2,885,986
101Ͳ5200 Parks 1,188,217Ͳ1,188,217
101Ͳ5304 SeniorCenter 17,945Ͳ17,945
101Ͳ5500 SpecialEvents 2,401,439Ͳ2,401,439
101Ͳ5600 Transportation 933,975Ͳ933,975
101Ͳ5690 ParkingServices 240,000Ͳ240,000
101Ͳ5700 Museum 360,0625,000365,062
101Ͳ9000 Transfers 1,350,322Ͳ1,350,322
101 GENERALFUND 20,958,1805,00020,963,180
204 COMMUNITYREINVESTMENT4,646,341Ͳ4,646,341
211 CONSERVATIONTRUST 32,541 Ͳ32,541
220 LARIMERCOUNTYOPENSPACE 1,295,730Ͳ1,295,730
236 EMERGENCYRESPONSE 45,685Ͳ45,685
238 COMMUNITYCENTER 696,70066,630763,330
244 TRAILS 300,000Ͳ300,000
260 STREET 5,635,833Ͳ5,635,833
502 LIGHT&POWER 19,983,031(533,208)19,449,823
503 WATER 10,480,823(90,096)10,390,727
606 MEDICALINSURANCE 2,002,909196,7422,199,651
612 FLEET 426,571Ͳ426,571
625 INFORMATIONTECHNOLOGY 715,77121,502737,273
635 VEHICLEREPLACEMENT 366,9162,691,2643,058,180
TOTALALLFUNDS 67,587,0312,357,83469,944,865
Attachment B 3 of 9 72
TOWNOFESTESPARKSCHEDULEOFPROJECTSFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018ProjectBudget2018AdditionalAppropriationRevised2018ProjectBudgetVETERANSMEMORIALPROJECT VETMON 101Ͳ1300Ͳ413Ͳ31Ͳ13 LANDIMPROVEMENTS 8,016 Ͳ8,016WILLOWKNOLLSLEGACYPROJECT WILL17 101Ͳ1300Ͳ413Ͳ31Ͳ13 LANDIMPROVEMENTS 49,655 Ͳ49,655DOCUMENTMANAGEMENTSOFTWARE&EQUIPDOCMGT 101Ͳ1400Ͳ414.37Ͳ01 SOFTWARE 159,483 Ͳ159,483FLEET/STREETSROOFFLROOF 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING150,000Ͳ150,000WORKFORCEHOUSINGPROJECTMGTWFHOUS 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING32,100Ͳ32,100TOWNHALLWINDOWS(CD&BSSIDE)THWIND 101Ͳ1700Ͳ417.32Ͳ22 BUILDINGREMODELING125,000Ͳ125,000MPECSERVERROOMACECAC 101Ͳ1700Ͳ417.33Ͳ32 OFFICEEQUIPMENT10,000Ͳ10,000SECURITYCAMERASPHASE2SECCAM 101Ͳ1700Ͳ417.33Ͳ32 OFFICEEQUIPMENT26,001Ͳ26,001PDEQUIPMENTTRAILERPDTRLR 101Ͳ2100Ͳ421Ͳ34Ͳ41 AUTOMOBILES7,000Ͳ7,000MORAINEAVEBRIDGEMORBRG 101Ͳ2400Ͳ424.22Ͳ02 ENGINEERING117,268Ͳ117,268STORMWATERMASTERPLANSTORM 101Ͳ2400Ͳ424.22Ͳ02 ENGINEERING37,038Ͳ37,038STORMWATERUTILITYFEASIBILITYSTUDYSTMFEE 101Ͳ2400Ͳ424.22Ͳ02 ENGINEERING10,294Ͳ10,294FISHCREEKROADREPAIRSFHWAFC 101Ͳ3100Ͳ431.22Ͳ02 ENGINEERING461,616Ͳ461,616FISHCREEKROADREPAIRS5CATC 101Ͳ3100Ͳ431.22Ͳ02 ENGINEERING47,718Ͳ47,718SANDERREPLACEMENTSͲ2STSNDR 101Ͳ3100Ͳ431.34Ͳ98 OTHERMACHINERY/EQUIPMENT16,000Ͳ16,000FISHCREEKROADREPAIRSFHWAFC 101Ͳ3100Ͳ431.36Ͳ55 FHWAͲFISHCREEKREPAIRS1,138,702Ͳ1,138,702FISHCREEKROADREPAIRS5CATC 101Ͳ3100Ͳ431.36Ͳ55 FHWAͲFISHCREEKREPAIRS55,213Ͳ55,213SMALL4X4TRUCK,CART,ETC.ECCART 101Ͳ5200Ͳ452.34Ͳ98 OTHERMACHINERY/EQUIPMENT1,003Ͳ1,003SANDERREPLACEMENTͲ1ECSNDR 101Ͳ5200Ͳ452.34Ͳ98 OTHERMACHINERY/EQUIPMENT10,000Ͳ10,000ATV&WEEDSPRAYERWEEDSP 101Ͳ5200Ͳ452.34Ͳ98 OTHERMACHINERY/EQUIPMENT20,000Ͳ20,000REBUILDARENAFOOTINGATEVENTCENTERARNAFT 101Ͳ5500Ͳ455.32Ͳ22 BUILDINGREMODELING125,000Ͳ125,000EVENTCENTERACOUSTICIMPROVEMENTECACST 101Ͳ5500Ͳ455Ͳ33Ͳ31 FURNITURE/FIXTURES60,000Ͳ60,000MOBILESTAGEMSTAGE 101Ͳ5500Ͳ455Ͳ33Ͳ98 OTHEREQUIPMENT150,000Ͳ150,000STANLEYPARKMASTERPLANSPMSTP 101Ͳ5500Ͳ455Ͳ35Ͳ62 MASTERPLANS68,000Ͳ68,000REALTIMEPASSENGERINFORMATIONSERVICERTINFO 101Ͳ5600Ͳ456Ͳ33Ͳ33 DATAPROCESSINGEQUIPMENT8,300Ͳ8,300ELECTRICTROLLEYELTROL 101Ͳ5600Ͳ456Ͳ34Ͳ42 VEHICLES/TRUCKS460,000Ͳ460,000PARKINGSERVICESOFTWARE&EQUIPPKSOFT 101Ͳ5690Ͳ569.33Ͳ33 DATAPROCESSINGEQUIPMENT120,000Ͳ120,000TRAILGAZETTEDIGITIZINGPROJECTFRDDIG 101Ͳ5700Ͳ457.26Ͳ26 CONSERVATIONSUPPLIESͲ5,0005,000TOTALGENERALFUND3,473,4075,0003,478,407ͲMUSEUMCOLLECTIONSANDRESEARCHFACILITYMUSCOL 204Ͳ5400Ͳ544.32Ͳ22 BUILDINGREMODELING81,100Ͳ81,100MUSEUMREMODELMUSREM 204Ͳ5400Ͳ544.32Ͳ22 BUILDINGREMODELING192,000Ͳ192,000PARKINGGARAGECOUNTER&COMEQUIPPCOUNT 204Ͳ5400Ͳ544Ͳ33Ͳ98 OTHEREQUIPMENT40,000Ͳ40,000COMMUNITYDRENGINEERINGDESIGNCOMMDR 204Ͳ5400Ͳ544.35Ͳ51 STREETS90,000Ͳ90,000COMMUNITYDRINTERSECTIONCONSTRUCTIONCDINTR 204Ͳ5400Ͳ544.35Ͳ51 STREETS600,000Ͳ600,000MORAINEAVEBRIDGEMORBRG 204Ͳ5400Ͳ544.35Ͳ51STREETS2,178,208Ͳ2,178,208DOWNTOWNPARKINGPLANDTNPKG 204Ͳ5400Ͳ544.35Ͳ52 PARKINGLOTS5,169Ͳ5,169PARKINGGARAGECVBPRK 204Ͳ5400Ͳ544.35Ͳ52 PARKINGLOTS6,000Ͳ6,000PARKINGLOTREPAIRSPARKLT 204Ͳ5400Ͳ544.35Ͳ52 PARKINGLOTSͲͲͲDMSELECTRONICSIGNSUS36/US34DYNMSG 204Ͳ5400Ͳ544.36Ͳ52 FEDERALGRANTSͲCMAQ176,354 Ͳ176,354TOTALCOMMUNITYREINVESTMENTFUND 3,368,831 Ͳ3,368,831ͲAttachment B 4 of 973
TOWNOFESTESPARKSCHEDULEOFPROJECTSFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018ProjectBudget2018AdditionalAppropriationRevised2018ProjectBudgetSCOTTPONDS(CARRIAGEHILLS)DAM CDBGCH 220Ͳ4600Ͳ462.22Ͳ02 ENGINEERING 5,140 Ͳ5,140MORAINEAVEBRIDGE MORBRG 220Ͳ4600Ͳ462.22Ͳ02 ENGINEERING 239,905 Ͳ239,905FISHCREEKTRAIL11CATG 220Ͳ4600Ͳ462.35Ͳ60 WALKWAYS&BIKEWAYS1,006,385Ͳ1,006,385TOTALLARIMERCOUNTYOPENSPACEFUND1,251,430Ͳ1,251,430Ͳ4THDISPATCHCONSOLEPROJECTDCCONS 236Ͳ3600Ͳ436.33Ͳ31ͲͲͲTOTALEMERGENCYRESPONSESYSTEMFUNDͲͲͲBRODIETRAILEXTENSIONBRODIE 244Ͳ3400Ͳ434Ͳ35Ͳ60 WALKWAYS&BIKEWAYSͲͲͲFALLRIVERTRAILFRTRL 244Ͳ3400Ͳ434.36Ͳ60 FEDGRANTͲFRTRAILͲͲͲTOTALTRAILSFUNDͲͲͲSTREETOVERLAYSOVRLAY 260Ͳ2000Ͳ420Ͳ35Ͳ51 STREETS500,000Ͳ500,000BRODIEAVEIMPROVEMENTSBRODIE 260Ͳ2000Ͳ420Ͳ35Ͳ51 STREETS336,000Ͳ336,000FLAP/RAMPESTIMATEDCOSTSFLAP 260Ͳ2000Ͳ420.36Ͳ60 FEDGRANTͲFLAP3,920,202Ͳ3,920,202TOTALSTREETFUND4,756,202Ͳ4,756,202BROADBANDPROJECTBB0001 502Ͳ6501Ͳ560.22Ͳ98 PROFSERVICES/FEESOTHER10,000Ͳ10,000GLENHAVENFIBERINSTALLFORPRPAGHFIBR 502Ͳ6301Ͳ540Ͳ25Ͳ33 UNDERGROUND649,000Ͳ649,000METERSELMTR 502Ͳ7001Ͳ580.33Ͳ34 METERS515,000Ͳ515,000TRANSFORMERPURCHASESTRANSF 502Ͳ7001Ͳ580.33Ͳ35 TRANSFORMERS157,824Ͳ157,824SMARTMETERPURCHASESSMRTEL 502Ͳ7001Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT35,000Ͳ35,000NONSPECIFICTOOLSEQUIP 502Ͳ7001Ͳ580.33Ͳ41 TOOLS40,638Ͳ40,638SKIDSTEERTRAILERLPSKID 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT20,000Ͳ20,000SNOWOUTAGEEQUIPMENTSNWEQU 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT30,000Ͳ30,000EQUIPMENTTRAILERLPTRLR 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT15,000Ͳ15,000PLOWLPPLOW 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT15,000Ͳ15,000NONSPECIFICEQUIPMENTEQUIP 502Ͳ7001Ͳ580.33Ͳ98 OTHEREQUIPMENT20,000Ͳ20,000STREETLIGHTING,POLES&FIXTURESLIGHTS 502Ͳ7001Ͳ580.35Ͳ55 STREETLIGHTS50,000Ͳ50,000OHLINEREBUILDͲGOBLINCASTLEGC2018 502Ͳ7001Ͳ580.35Ͳ57 OVERHEADLINES105,000Ͳ105,000OHLINEREBUILDͲLONGSPEAKAREALP2018 502Ͳ7001Ͳ580.35Ͳ57 OVERHEADLINES205,786Ͳ205,786OHLINEREBUILDͲDANDIEWAYDWAY18 502Ͳ7001Ͳ580.35Ͳ57OVERHEADLINES107,633Ͳ107,633OHLINEREBUILDͲHWY34OHBT18 502Ͳ7001Ͳ580.35Ͳ57 OVERHEADLINES155,000Ͳ155,000ALLENSPARKCIRCUITOVERHEADWORKAP2016 502Ͳ7001Ͳ580.35Ͳ57 OVERHEADLINES64,413Ͳ64,413ALLENSPARKCIRCUITUNDERGROUNDWORKAP2016 502Ͳ7001Ͳ580.35Ͳ58 UNDERGROUNDCONDUCTORS169,885Ͳ169,885UNDERGROUNDLINEREBUILDͲNONSPECIFICLRBLDS 502Ͳ7001Ͳ580.35Ͳ58 UNDERGROUNDCONDUCTORS125,000Ͳ125,000FISHCREEKPHASEIIUNDERGROUNDLINESFISHC2 502Ͳ7001Ͳ580.35Ͳ58 UNDERGROUNDCONDUCTORS183,807Ͳ183,807MORAINEAVEBRIDGEUTILITYCROSSINGMORB17 502Ͳ7001Ͳ580.35Ͳ58 UNDERGROUNDCONDUCTORS90,134Ͳ90,134MORAINEBRIDGESOUTHͲL&PMORAVE 502Ͳ7001Ͳ580.35Ͳ58 UNDERGROUNDCONDUCTORSͲͲͲNEWSERVICECONNECTIONSWOKEXT 502Ͳ7001Ͳ580.35Ͳ59 CUSTOMERSERVICELINES150,000Ͳ150,000BROADBANDPROJECTBB0001 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL27,726Ͳ27,726MIDDLEMILEFIBERTOALENSPARK/LITTLEVALLEYAP2016 502Ͳ7001Ͳ580.35Ͳ66FIBEROPTICINSTALL209,694Ͳ209,694Attachment B 5 of 974
TOWNOFESTESPARKSCHEDULEOFPROJECTSFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018ProjectBudget2018AdditionalAppropriationRevised2018ProjectBudgetHWY34FIBEROPTICINSTALL FOBT18 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL 331,564 Ͳ331,564WATERJET MINIJET 502Ͳ7001Ͳ580.35Ͳ66 FIBEROPTICINSTALL 28,822 Ͳ28,822GISMAPPINGIMPROVEMENTS GIS18 502Ͳ7001Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT 75,000 Ͳ75,000AR&CLICKͲTOͲGOVUTILITYBILLINGMODULESUBPRTL 502Ͳ7001Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT60,626Ͳ60,626TOTALLIGHT&POWERFUND3,647,552Ͳ3,647,552ͲGLACIERCREEKLANDCONSOLIDATIONPROJECTGCLAND 503Ͳ7000Ͳ580.31Ͳ11 LAND165,712Ͳ165,712LANDͲLOT1KEARNEYMINORSUBDIVISIONKEARNY 503Ͳ7000Ͳ580.31Ͳ11 LAND1,000,000Ͳ1,000,000WATERSHOPͲGATEWTSHOP 503Ͳ7000Ͳ580Ͳ32Ͳ22 BUILDINGREMODELING11,000Ͳ11,000BUILDINGWORKATGLACIERPLANTGPBLDG 503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING 19,000 Ͳ19,000MARY'SLAKEWTPͲMETERING/CFESAMPLINGVAULT MLVALT 503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING 35,000 Ͳ35,000GLACIERCREEKWTPͲDISCHARGEOUTSTRUCTURE GCDSCH 503Ͳ7000Ͳ580.32Ͳ22 BUILDINGREMODELING 110,000(110,000) ͲBROOKDRIVEWATERSHOPREMODEL(KEARNEYSHOP) KEARNY 503Ͳ7000Ͳ580Ͳ32Ͳ22 BUILDINGREMODELING 75,000 Ͳ75,000WONDERWARESOFTWARE WONDER 503Ͳ7000Ͳ580.33Ͳ33 DATAPROCESSINGEQUIPMENT 19,000 Ͳ19,000METERREPLACEMENTPROJECT SMRTW 503Ͳ7000Ͳ580.33Ͳ34 METERS 300,000(110,000)190,000SCADAUPGRADESATGLACIERWTP GPSCAD 503Ͳ7000Ͳ580.33Ͳ36 COMMUNICATIONEQUIPMENT 225,807 Ͳ225,807FEEDERREPLACEMENTWTFEED 503Ͳ7000Ͳ580.33Ͳ40 PURIFICATIONEQUIPMENT17,000Ͳ17,000STORAGETANKMIXERWTMIXR 503Ͳ7000Ͳ580.33Ͳ40 PURIFICATIONEQUIPMENT28,000Ͳ28,000TOCANALYZER,UPS,UV254ANALYZERWTTOC 503Ͳ7000Ͳ580Ͳ33Ͳ40 PURIFICATIONEQUIPMENT35,000Ͳ35,000CONFINEDSPACEENTRYEQUIPMENTWTTOOL 503Ͳ7000Ͳ580.33Ͳ41 TOOLS5,000Ͳ5,000WALKBEHINDASPHALTSAWWTTOOL 503Ͳ7000Ͳ580.33Ͳ41 TOOLS40,000Ͳ40,000PRESSURETESTINGEQUIPMENTWTTOOL 503Ͳ7000Ͳ580.33Ͳ41 TOOLS17,000Ͳ17,000SAFETYEQUIP(TRENCHBOXESANDSPEEDSHORINGEQUIP)WTTOOL 503Ͳ7000Ͳ580.33Ͳ41 TOOLS 30,000 Ͳ30,000BULKWATERDISPENSER WTDISP 503Ͳ7000Ͳ580.33Ͳ98 OTHEREQUIPMENT 35,000 Ͳ35,000TANDEMAXLEDUMPTRUCK 90393 503Ͳ7000Ͳ580.34Ͳ42 TRUCKS 162,000 Ͳ162,000SKIDSTEERTRAILER WSKIDT 503Ͳ7000Ͳ580.34Ͳ42 TRUCKS 3,500 Ͳ3,500SKIDSTEER&BACKHOETRADEͲIN EQUIP 503Ͳ7000Ͳ580Ͳ34Ͳ98 OTHERMACHINERY/EQUIP 6,500 Ͳ6,500PRVVAULTMETERINGPVRMTR 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM16,000Ͳ16,000PEMPWCoSYSTEMDESIGN&CONSTRUCTIONPEMPWC 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM1,113,075Ͳ1,113,075PROSPECTMTNUSDALOANIMPROVEMENTSPMLOAN 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEMͲͲͲPROSPECTMTNWATERO&MPMWCON 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEMͲͲͲPROSPECTMTNPREͲUSDALOANIMPROVEMENTSPMIMPV 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM262,035Ͳ262,035MORAINEAVEBRIDGEUTILITYCROSSINGMORB17 503Ͳ7000Ͳ580.35Ͳ54WATERSYSTEM309,538Ͳ309,538MORAINBRIDGESOUTHWATERLINEMOBS17 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM20,000Ͳ20,000REDUNDANTWATERSOURCEͲBIGTHOMPSONWATERRIGHWTRABT 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEMͲ Ͳ ͲACACIADR8"MAINHYDRANTS ACACIA 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 30,000 Ͳ30,000PRESSUREREDUCTIONVALVE/METERING PRVLM 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 16,000 Ͳ16,000CIPASPENAVELINEREPL ASPENL 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 180,760 Ͳ180,7604THSTREETLINEREPL 4STLR 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 250,000 Ͳ250,000HWY34TOVISTALANELINEREPLH34LR 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM80,000Ͳ80,000HWY7ͲARAPAHO&CHARLETRIDGELINEREPLHWY7AC 503Ͳ7000Ͳ580Ͳ35Ͳ54 WATERSYSTEM37,500Ͳ37,50018"MAINVALVEINSTALLATIONS18VALV 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM120,000Ͳ120,000Attachment B 6 of 975
TOWNOFESTESPARKSCHEDULEOFPROJECTSFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018ProjectName/DescriptionProjectCodeACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018ProjectBudget2018AdditionalAppropriationRevised2018ProjectBudgetNCWCDMUNICIPALSUBDISTRICTINCLUSIONS NCWCD 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 21,000 Ͳ21,000GLACIERCREEKWTPINTAKEENGINEERING GCINTK 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 80,000 Ͳ80,000CIPROCKWELL/WESTRIVERSIDEDR16"MAIN ROCKWL 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM 320,000 Ͳ320,000CIPBUREAUAREAPHASE2WTBRP2 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEMͲͲͲCIPBIGTHOMPSONAVE(HWY34)MAINBTHOMP 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM507,903Ͳ507,903NORTHFISHCREEKWLEXTENSIONWTNFCE 503Ͳ7000Ͳ580.35Ͳ54 WATERSYSTEM23,000Ͳ23,000UTILITYMASTERPLANWTRMPL 503Ͳ7000Ͳ580.35Ͳ62 UTSYSTEMMASTERPLANͲͲͲGISWORKWTRGIS 503Ͳ7000Ͳ580.37Ͳ01 SOFTWAREDEVELOPMENT48,000Ͳ48,000CIPUSAWATERRIGHTSWITHBORWTRRBR 503Ͳ7000Ͳ580.37Ͳ10 WATERRIGHTS44,000Ͳ44,000TOTALWATERFUND5,818,330(220,000)5,598,330ͲFIREWALLSNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT40,000Ͳ40,000NEWNETWORKSERVERNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT20,000Ͳ20,000NEWNETWORKSWITCHESNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT10,000Ͳ10,000CONTENTFILTERAPPLIANCENETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENT7,000Ͳ7,000PRPARINGSWITCHES/GEARFORNEWCIRCUITNETWRK 625Ͳ2500Ͳ425.33Ͳ98 OTHEREQUIPMENTͲͲͲTOTALINFORMATIONTECHNOLOGYFUND77,000Ͳ77,000ͲL&P93323A06FORDFͲ5504X493323A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS11,893Ͳ11,893PARKSGͲ60AFORDFͲ5504X4GͲ60A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS14,722Ͳ14,722POLICEGͲ78B09DODGECHARGERGͲ78B635Ͳ7000Ͳ435.34Ͳ42 TRUCKSͲͲͲSTREETSGͲ63A08FORDFͲ5504X4GͲ63A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS12,852Ͳ12,852SMALL4X4TRUCK,CART,ETC.ECCART 635Ͳ7000Ͳ435.34Ͳ42 OTHERMACHINERY/EQUIPMENT7,997Ͳ7,997L&PFORKLIFTREPLACEMENTSͲ2Ͳ93387A&93388A 93387A 635Ͳ7000Ͳ435.34Ͳ42 TRUCKS62,329Ͳ62,329WATERFUNDJDEXCAVATOR90393 635Ͳ7000Ͳ435Ͳ34Ͳ42TRUCKS29,122Ͳ29,122POLICEGͲ72PDINTERCEPTORGͲ72 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS60,071Ͳ60,071POLICELIGHTBARSGͲ72 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS14,000Ͳ14,000L&PUNIT93319Ͳ07GMCK15004X493319 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS30,485Ͳ30,485L&PUNIT93315BͲ11FORDEXPLOYER93315B 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS33,445Ͳ33,445POLICENEWPATROLCARFORNEWOFFICERPOSITION G149 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS60,000Ͳ60,000PWNEWFACILITIESMAINTWORKERTRUCKG212 635Ͳ7000Ͳ435Ͳ34Ͳ42 TRUCKS30,000Ͳ30,000TOTALVEHICLEREPLACEMENTFUND366,916Ͳ366,916TOTALPROJECTRECAP22,759,668(215,000)22,544,668Attachment B 7 of 976
TOWNOFESTESPARKSCHEDULEOFGRANTREVENUESFORYEARENDED12Ͳ31Ͳ2018RESOLUTION31Ͳ18ASOFDec11,2018ProjectName/DescriptionGrant#ProjectCodeGrantorAgencyGrantType(FedorState)FUNDACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018GrantBudget2018AdditionalAppropriationRevised2018GrantBudgetWILLOWKNOLLSLEGACYDESIGNNAWILDESCOSTATEHISTORICALSOCIETYSTATE101 101Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue2,7212,721WILLOWKNOLLSLEGACYCONSTRUCTIONNAWILL17COSTATEHISTORICALSOCIETYSTATE101 101Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue24,67524,675FLOODPERSONNELFUNDINGF15S7634DO7634 DOLASTATE 101 101Ͳ1600Ͳ334Ͳ20Ͳ00 StateGrantRevenueͲ ͲDOLADOWNTOWNPLANF16S7795Ͳ81959DTDOLA DOLASTATE 101 101Ͳ1600Ͳ334Ͳ20Ͳ00 StateGrantRevenue62,21262,212BULLETPROOFVESTGRANTBVPBVEST USDEPTOFJUSTICEFed 101 101Ͳ2100Ͳ333Ͳ00Ͳ00 FederalGrantRevenu445445CDOTPOLICEENFORCEMENTGRANT411013245CDOT CDOTSTATE 101 101Ͳ2100Ͳ334Ͳ20Ͳ00 StateGrantRevenue7,1457,145POLICEENFORCEMENTGRANTPDPOST1718TrainingPDPOSTPDPOSTSTATE 101 101Ͳ2100Ͳ334Ͳ20Ͳ00 StateGrantRevenue1,5981,598POLICEENFORCEMENTGRANTSTATEPDPOSTPDPOSTSTATE 101 101Ͳ2100Ͳ334Ͳ20Ͳ00 StateGrantRevenue5,2445,244POLICEENFORCEMENTGRANT17Ͳ18LEAFPDPOSTPDPOSTSTATE 101 101Ͳ2100Ͳ334Ͳ20Ͳ00 StateGrantRevenue5,0005,000POLICEENFORCEMENTGRANTHVEPDPOSTPDPOSTSTATE 101 101Ͳ2100Ͳ334Ͳ20Ͳ00 StateGrantRevenue10,00010,000IMMEDIATETHREATSTREAMRUNOFF4145PW95817CATB FEMASTATE 101 101Ͳ2300Ͳ334Ͳ20Ͳ00 StateGrantRevenue358358CDBGͲDRFloodRepairsCDBGͲDR#P16Ͳ026STORM HUDFed 101 101Ͳ2400Ͳ333Ͳ00Ͳ00 FederalGrantRevenu52,46652,466FLOODPERSONNELFUNDING#2F16S9044DO9044 DOLASTATE 101 101Ͳ2400Ͳ334Ͳ20Ͳ00 StateGrantRevenue58,26258,262MORAINEAVEBRIDGEREPLF16S9044MORBRG DOLASTATE 101 101Ͳ2400Ͳ334Ͳ20Ͳ00 StateGrantRevenue171,054171,054CDBGͲDRFloodRepairsCDBGDR2ͲESTͲ01FHWAFC HUDFed 101 101Ͳ3100Ͳ333Ͳ00Ͳ00 FederalGrantRevenu413,668413,668CDBGͲDRFloodRepairsCDBGDR2ͲESTͲ025CATC HUDFed 101 101Ͳ3100Ͳ333Ͳ00Ͳ00 FederalGrantRevenu63,01863,018FISHCREEKFLOODREPAIRSThruLarimerCtyFHWAFC USDEPTOFTRANSPORTATIONFed 101 101Ͳ3100Ͳ333Ͳ00Ͳ00 FederalGrantRevenu4,188,1134,188,113CDBGͲDRFloodRepairs4145PW197 15CATC DHSEMSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue7,9177,917CDBGͲDRFloodRepairs4145PW52CATB DHSEMSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue595595CDBGͲDRFloodRepairs4145PW435CATC DHSEMSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue67,95767,957CDBGͲDRFloodRepairs4145PW696CATC DHSEMSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue14,76514,765CDBGͲDRFloodRepairs4145PW2588CATF DHSEMSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue921921FISHCREEKFLOODREPAIRSThruLarimerCtyFHWAFC CDOTSTATE 101 101Ͳ3100Ͳ334Ͳ20Ͳ00 StateGrantRevenue450,654450,654ELECTRICTROLLEYELTROLFed 101 101Ͳ5600Ͳ333Ͳ00Ͳ00 FederalGrantRevenu360,000360,000101Total5,968,788 Ͳ5,968,788DYNAMICMESSAGESIGNAQCM405Ͳ020DYNMSG CDOTͲCMAQFed 204 204Ͳ0000Ͳ333Ͳ00Ͳ00 FederalGrantRevenu136,000136,000MORAINEAVEBRIDGEREPLACEMENTCDBGDR2ͲESTͲ04MORBRG HUDFed 204 204Ͳ0000Ͳ333Ͳ00Ͳ00 FederalGrantRevenu2,569,1312,569,131PARKINGGARAGEAQCM405Ͳ016(19013)CVBPRK CDOTͲFASTERSTATE 204 204Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue50,00050,000204Total2,755,131 Ͳ2,755,131LOTTERYPROCEEDSNANA STATETREASURYSTATE211211Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue32,25032,250211Total32,250Ͳ32,250FISHCREEKFLOODREPAIRSCDBGDR2ͲESTͲ0311CATG HUDFed 220 220Ͳ0000Ͳ333Ͳ00Ͳ00 FederalGrantRevenu3,5613,561FISHCREEKFLOODREPAIRSPW195414511CATG FEMAFed 220 220Ͳ0000Ͳ333Ͳ00Ͳ00 FederalGrantRevenu629,599629,599CARRIAGEHILLSREPAIRSDEFͲESTͲ01(94434)CDBGCH DOLASTATE 220 220Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue278,434278,434FISHCREEKFLOODREPAIRSPW195414511CATG DOLASTATE 220 220Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue 134,003134,003220Total1,045,597Ͳ1,045,597Attachment B 8 of 977
ProjectName/DescriptionGrant#ProjectCodeGrantorAgencyGrantType(FedorState)FUNDACCOUNTNUMBERACCOUNTDESCRIPTIONCurrent2018GrantBudget2018AdditionalAppropriationRevised2018GrantBudgetFALLRIVERTRAILCOͲ20ͲX007Ͳ00FRTRL USDEPTOFTRANSPORTATIONFed 244 244Ͳ0000Ͳ333Ͳ00Ͳ00 FederalGrantRevenu4,8304,830244Total4,830 Ͳ4,830BRODIEAVEIMPROVEMENTSSAFEROUTESTOSCHOOLBRODIE CDOTSTATE260260Ͳ0000Ͳ334Ͳ30Ͳ00 StateGrantRevenue336,000336,000336,000 Ͳ336,000FLOODPERSONNELFUNDINGF15S7634DO7634 DOLASTATE 502 502Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue1,0341,034BROADBANDF16S9095Ͳ90426BB0001 DOLASTATE 502 502Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue10,69810,698ELECTRICCHARGINGSTATIONPOGG12018Ͳ0386ELCHRG COLORADOENERGYOFFICESTATE 502 502Ͳ0000Ͳ334Ͳ20Ͳ00 StateGrantRevenue12,52012,52024,252 Ͳ24,252GrandTotal10,166,848 Ͳ10,166,848Attachment B 9 of 978
TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Gregory A. White
Date: December 11, 2018
RE: Amendment to the Intergovernmental Agreement Between the Town of
Estes Park and Larimer County for the Estes Park Local Marketing District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and adopt the Intergovernmental Agreement for the Estes Park Local Marketing
District (IGA) and the Estes Park Local Marketing District Bylaws (Bylaws).
Present Situation & Proposal:
The IGA and the Bylaws would replace, effective January 1, 2019, the current IGA and
Bylaws for the Estes Park Local Marketing District (Visit Estes Park). The significant
change in the IGA is to allow the Town or the County the option of appointing Town
Board members and/or a County Commissioner to the Board of Directors of Visit Estes
Park. The change to the Bylaws is for the purpose of conforming the Bylaws to the
terms and conditions of the IGA.
Advantages:
The new IGA provides for the option of the Town Board and/or the Board of County
Commissioners to appoint members of their respective Boards as directors of Visit Estes
Park to provide improved coordination between the Town, the County and the Visit Estes
Park Board for the operation of Visit Estes Park,
To make the Bylaws consistent with the terms and provisions of the new IGA.
Disadvantages:
None.
Action Recommended:
The Staff recommends the Town Board approve the IGA and Bylaws.
79
Finance/Resource Impact:
None.
Level of Public Interest
High.
Sample Motion:
I move for the approval/denial of the Intergovernmental Agreement for the Estes Park
Local Marketing District and the Bylaws of the Estes Park Local Marketing District as
submitted.
Attachments:
Intergovernmental Agreement for the Estes Park Local Marketing District
Bylaws of the Estes Park Local Marketing District
80
INTERGOVERNMENTAL AGREEMENT
FOR THE ESTES PARK LOCAL MARKETING DISTRICT
This Intergovernmental Agreement for the Estes Park Local Marketing District
(“Agreement” is effective January 1, 2019 (“Effective Date”), between the Town of Estes
Park, Colorado (“Town”) and the Board of County Commissioners of Larimer County,
Colorado (“County”). The Town and County may collectively be referred to in this
Agreement as “Parties.”
I. RECITALS
A. The Local Marketing District Act, C.R.S. 29-25-101 et seq., provides for
the organization, governance, and operation of local marketing districts (“Act”).
B. Pursuant to the Act, local governments in combination may create a local
marketing district by contract to exercise the functions authorized by the Act following receipt
of a petition for the organization of a local marketing district from the requisite number of
owners
of commercial real property in the proposed service area.
C. The Town and County entered into an Intergovernmental Agreement for the
formation of the Estes Park Local Marketing District (“District”) dated September 12, 2017
(“Current IGA”).
D. The Estes Park Local Marketing District and the implementation of a two percent
(2%) marketing and promotion tax on the purchase price paid or charged to persons for rooms
or accommodations in the District to fund the services of the District was approved by the voters
at a general election held on November 4, 2008.
E. The Town and County entered into a second Intergovernmental Agreement for
the governance, administration, and operation of the Estes Park Local Marketing District
effective September 19, 2017 (“current IGA”).
F. The Parties seek to amend and restate the current IGA to address the governance
of the District not included in the current IGA. To this end, this Agreement replaces and
supersedes the current IGA as of the Effective Date hereof.
II. CONSIDERATION
Now, therefore, in consideration of the Recitals set forth above which are incorporated
herein, and the covenants and conditions contained here, the Parties agree as follows.
81
III. TERMS AND CONDITIONS
1. Name and Purpose. The name of the District is the Estes Park Local Marketing
District. The purpose of the District is to promote the health, safety, prosperity, security, and
general welfare of the habitants and the property owners of the District and promote the
continued vitality of commercial business areas within the Town and County.
2. Boundaries of Service Area. The Service Area is the geographical area
described and/or depicted on Exhibit “A” to this Agreement.
3. Powers. The powers of the District include those expressly set forth in C.R.S.
29-25-111 and 112 and those powers impliedly necessary to implement and carry out the express
powers, except as otherwise provided in this Agreement.
4. Elections.
4.1 Should the District seek or be required to submit any question to an
election, such election shall be held in accordance with Colorado Constitution Article X, Section
20, the Uniform Election Code of 1992, C.R.S. 1-1-101 et seq., and/or the Colorado
Local
Government Election Code, C.R.S. 1-13.5 110 et seq., as applicable.
4.2 The Town Clerk and the County Clerk and Recorder shall assist the
District in conducting elections.
4.3 The District shall pay the costs incurred in conducting such election.
4.4 The Town Clerk shall be the designated Election Official for elections
and shall be responsible for the wording of the ballot issues and certifying the ballot issues to the
County Clerk and Recorder.
4.5 The County hereby delegates to the Town the authority to enter into the
agreement Concerning Election Services with the County Clerk and Recorder for purposes of
conduction an election as part of a coordinated General Election.
5. Board of Directors for the District.
5.1 Powers. The Board of Directors for the District shall have the legislative
power of the District and is authorized to implement and carry out the annual operating plan
approved by the Town and County.
5.2 Number. The Board of Directors shall be comprised of seven members.
5.3 Appointment. The Board of Directors shall be appointed by the County
and Town as follows:
82
5.3.1 The Town Board shall appoint five (5) members. One or two
Town appointees may be members of the Town Board. Said appointed
Town Board members shall serve as Directors of the District only during
their term as members of the Town Board.
5.3.2 The Board of County Commissioners shall appoint two (2)
members. One County appointee may be a member of the Board of
County Commissioners. Said appointed County Commissioner shall
serve as a Director of the District only during his/her term as County
Commissioner.
5.4 Term. A term for purposes of Board membership shall be four (4) years.
Terms shall be staggered so that two (2) members are appointed each year and one (1) member is
appointed in the fourth year.
5.5 Successors. Each member shall serve until his/her successor is appointed
by the Town or County respectively.
5.6 Term Limits. No member may serve for more than two (2) consecutive
terms. Notwithstanding the foregoing, the Town or County may waive the term limit in the
event that either the Town or County in their sole discretion determines that there are no
qualified applicants for a vacant Director position and an otherwise term limited Director wishes
to serve another term. This section shall not apply to any Town or County Elected official
serving on the Board of Directors of the District.
5.7 Residency. Each Director, with the exception of any member of the
Larimer County Board of Commissioners who may be appointed to the Board, shall be a resident
of the Service Area of the District for at least one (1) year prior to his/her appointment and shall
continue to be a resident of the Service Area during his/her entire term.
5.8 Officers. The officers of the Board of Directors shall consist of a Chair
and a Vice-Chair. Each officer shall serve for one (1) year commencing with the first meeting in
January of each year. The Chair and Vice-Chair may serve for two (2) consecutive one-year
terms. The Chair and Vice-Chair shall be elected by the members of the Board of Directors.
The Vice-Chair shall serve as the Chair in the absence of the Chair.
5.9 Bylaws. The Board of Directors shall act in conformity with Bylaws
mutually adopted, and as may be amended from time to time, by the Town and County.
5.10 Quorum. Four (4) members shall constitute a quorum of the Board of
Directors. A majority of those members present at a meeting shall be necessary for the Board to
act.
83
5.11 Attendance. Members shall attend all meetings, including special
meetings. In the event any member is absent for three (3) consecutive regular meetings or a total
of four (4) regular meetings in a calendar year, the Town or the County may remove its
respective appointed member and designate a new member to fill the vacancy.
5.12 Vacancy. The Town or County shall fill a vacancy of one of its
appointed members as soon as practical.
5.13 Meetings. The Board of Directors shall hold regular meetings once each
month. The Board of Directors may hold special meetings as deemed necessary. Meetings of
the Board of Directors shall be subject to the provisions of C.R.S. 24-6-401 et seq. (Colorado
Sunshine Law) as applicable. The Board of Directors shall act by motion or resolution.
5.14 Removal. The members of the Board of Directors serve at the pleasure
of the Town and County and have no property or other enforceable interest in their appointment.
A majority of the collective governing members of the County and Town (i.e., six (6) members)
may remove any member of the Board of Directors or the entire Board of Directors with or
without cause.
6. Operating Plan
6.1 The District shall file with the Town and with the County no later than
September 30 of each year an Operating Plan specifically identifying services to be provided by
the District, any Marketing and Promotion Tax to be levied by the District, and such additional
information as may be appropriate or required to inform the Town and County as to the
activities, services, and funding of the District in the upcoming calendar year. The Operating
Plan shall include a proposed budget for the next fiscal year.
6.2 The Town, County or both may require the District to supplement the
Operating Plan or budget when necessary.
6.3 The Town and County shall review the Operating Plan within thirty (30)
days after receipt of the Operating Plan and all requested documentation relating thereto, and
shall approve, modify or disapprove the Operating Plan no later than December 5 of the year in
which such documents are filed.
6.4 The services and financial arrangements of the District shall conform so
far as practical to the approved Operating Plan.
6.5 The District may amend the Operating Plan from time to time with the
approval of both the Town and County.
84
7. Duration and Dissolution of the District.
7.1 The District shall remain in effect until and unless on or before July 1 of
any calendar year, either the Town or County provides written notice to the other of its intent to
terminate this Agreement. In such event, the District shall automatically terminate on December
31 of the year in which such notice is given.
7.2 Notwithstanding the foregoing, neither this Agreement nor the District may
be terminated, repealed or rescinded so long as the District has any outstanding financial
obligations.
8. Distribution and Division of District Assets.
8.1 In the event of termination of the District pursuant to this Agreement or
by order of any court having jurisdiction, all assets of the District shall be divided between the
Town and County based upon the percentage of marketing and promotion tax
collected from the Town and from the unincorporated area of the County in the previous calendar
year to the extent feasible.
8.2 In the alternative, such assets may be sold for the best price obtainable
and the proceeds divided between the Town and County based upon the percentage of marketing
and promotion tax collected from the Town and from the unincorporated area of the County in
the previous calendar year.
9. Notices.
9.1 All notices, demands or other documents required or desired to be given,
made or sent to the Town or County under this Agreement shall be made in writing and shall be
deemed effective upon mailing or personal delivery.
9.2 If mailed, said notices, demand or documents shall be mailed, by regular
mail, postage prepaid addressed as follows:
Town of Estes Park
Attn: Town Administrator
Post Office Box 1200
Estes Park, CO 80517
Board of County Commissioners of Larimer County
Attn: Chair
Post Office Box 1190
Fort Collins, CO 80522
10. Amendment. This Agreement may be amended in writing at any time by
mutual agreement of the Town and County.
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11. Governmental Immunity. The Town and County agree that both Parties are
relying on and do not waive, by any provision of this Agreement, the rights, immunities and
protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq.,
as may be amended from time to time, or otherwise available to the Parties or any of their
officers, agents or employees.
12. Current Year Fiscal Obligations. Any financial obligations by either the
Town or County or requirements for future appropriations shall constitute only currently
budgeted expenditures. Any financial obligations of the Town or County under this Agreement
are subject to each Party’s annual right to budget and appropriate the sums necessary to provide
the services set forth herein. No provision of this Agreement shall be construed or interpreted
as creating a multiple fiscal year, direct or indirect debt or other financial obligation of either or
both Parties within the meaning of any constitutional or statutory debt limitation. This
Agreement shall not directly or indirectly obligate either party to make any payments beyond
those appropriated for each party’s then current fiscal year. No provision of this Agreement
shall be construed to
pledge or create a lien on any class or source of either Part’s monies, nor shall any provision
of this Agreement restrict the future issuance of either Party’s bonds or any obligations
payable from any class or source of such Party’s money.
13. Dispute Resolution.
13.1 Either the Town or the County may request mediation of any dispute about
or related to the terms and conditions of this Agreement. The request for dispute resolution shall
be submitted in writing to the other party.
13.2 The Town and County shall mutually agree on a mediator. If they are
unable to agree, the Town and County shall each select a mediator. The two mediators shall
then select mediator to conduct the dispute resolution.
13.3 The Town and County shall participate in the dispute resolution process
in good faith. The dispute resolution process shall be concluded within sixty (60) days of filing
of the request for dispute resolution. If the dispute is not resolved by this process, either or both
Parties may enforce the terms and conditions of this Agreement as provided in Section 14 of
this Agreement.
14. Enforcement. The Town and County intend that this Agreement is binding
upon both of them and that either of them shall be permitted to specifically enforce any
provision of this Agreement in a court of competent jurisdiction.
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TOWN OF ESTES PARK, COLORADO
By:
Attest:
Clerk to the Town Board
BOARD OF COUNTY COMMISSIONERS
OF LARIMER COUNTY, COLORADO
By:
Attest:
Clerk to the County Board
Approved as to form:
County Attorney
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BYLAWS
OF THE
ESTES PARK LOCAL MARKETING DISTRICT
ARTICLE I
THE DISTRICT
Section 1. Name of District. The name of the District is the "Estes Park Local
Marketing District."
Section 2. Office of District. The office of the District shall be at such place in the
District’s Service Area as the Board may designate from time to time.
Section 3. Purpose of the District. The purpose of the District is to provide the
services as set forth in Section 29-25-11 (1)(e)(I)(A, B, and C) C.R.S..
Section 4. Board of Directors. The Board of Directors of the District shall have
all legislative power of the District.
Section 5. Governing Document and Statute. The terms and conditions of the
Intergovernmental Agreement effective January 1, 2019, by and between the Town of
Estes Park, Colorado and the Board of County Commissioners, Larimer County, including
any amendment thereto (the “IGA”), and the terms and provisions of Sections 29-25-101
et seq. C.R.S. the “Local Marketing District Act”, including any amendment thereto, shall
govern the operation of the District.
ARTICLE II
OFFICERS AND PERSONNEL
Section 1. Officers. The District shall have a Chair, a Vice Chair, a Secretary and
a Treasurer, who shall be Directors of the District. The offices of Secretary and Treasurer
may be combined by action of the Board.
Section 2. Term of Office. Each Officer shall serve for one (1) year commencing
with the first meeting in January of each year. The Chair and Vice Chair may serve to two
(2) consecutive one year terms.
Section 3. Chair. The Chair shall preside at all meetings of the Board. Except as
otherwise authorized by resolution of the Board, the Chair shall execute all written
instruments and documents of the District.
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Estes Park Local Marketing District Bylaws – Page 2
Section 4. Vice Chair. The Vice Chair shall perform the duties of the Chair in the
absence or incapacity of the Chair. In the case of a vacancy in the office of the Chair, the
Vice Chair shall perform such duties until such time as the Board shall select a new Chair
from among its members.
Section 5. Secretary. The Secretary shall keep the records of the District, shall act
as secretary of the meetings of the Board and record all votes, and shall keep a record of
the proceedings of the Board in a journal to be kept for such purposes. The Board may
appoint a Recording Secretary to assist in the recording of the minutes of the meetings of
the Board.
Section 6. Treasurer. The Treasurer shall be responsible for all funds of the
District and payment of District expenses. The Treasurer shall keep the financial records
of the District. The Board may appoint an Assistant Treasurer to perform such duties
involving financial affairs of the District as the Board determines.
Section 7. Executive Director. The District may employ an Executive Director, who
shall serve such term as the Board may establish. The Executive Director shall have
general supervision over the administration of the affairs and business of the District and
shall be charged with the management of the projects of the District.
Section 8. Additional Duties. The officers of the District shall perform such duties
and functions as may from time to time be authorized by the Board.
Section 9. Election of Officers. The officers of the District shall be elected annually
by the Board at the first regular meeting in January and shall assume their duties upon
election.
Section 10. Vacancies. Should any office become vacant, the Board shall select a
successor at a regular or special meeting to serve for the unexpired term of said office.
Section 11. Personnel.
A. The Board may from time to time authorize the employment of such
personnel, consultants or agents, permanent or temporary, as it deems
necessary to exercise its powers, duties, and functions.
B. The selection, qualifications, duties and compensation of all personnel,
consultants or agents shall be determined by the Board. The Board may
delegate to the Executive Director the determination of these matters.
C. The Board may adopt personnel rules, policies and procedures for all
personnel of the District.
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Estes Park Local Marketing District Bylaws – Page 3
ARTICLE III
MEETINGS
Section 1. Regular Meetings. Regular meetings shall be held at such time and
place adopted by the Board. In the event any day of a regular meeting shall be a legal
holiday, said meeting shall be held on the next succeeding day or on the same day of the
succeeding week, as determined by the Chair.
Section 2. Special Meetings. The Chair may call a special meeting of the Board
for the purpose of transacting any business. Three Directors may call a special meeting of
the Board by written notice delivered to the Chair and the Secretary stating the purpose,
time and place of the special meeting. All Directors shall be notified no less than two days
in advance of a special meeting. The notice shall designate the purpose, time and place
of the special meeting.
Section 3. Quorum. A majority (4) of the Directors shall constitute a quorum for the
purpose of conducting its business and exercising its powers and for all other purposes,
but a smaller number may adjourn from time to time until a quorum is obtained. When a
quorum is in attendance, action may be taken by the Board upon an affirmative vote of the
majority of the Directors present.
Section 4. Open Meetings. All Board meetings shall be subject to Section 24-6-
401 et seq. C.R.S.
Section 5. Agenda. The Agenda shall be set by the Chair. Any Board Member
may request additional agenda items at the start of a Board meeting. If any agenda item
requested by a Board Member is objected to by any other Board Member, said agenda
item shall be included on the Agenda upon approval of a majority of the Directors present
at the meeting.
ARTICLE IV
AMENDMENTS AND SUSPENSION OF BYLAWS
Section 1. Amendment to Bylaws. The Bylaws of the District may be amended by
the Town and County.
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Estes Park Local Marketing District Bylaws – Page 4
ARTICLE V
MISCELLANEOUS
Section 1. Committees. The Chair may appoint members of the Board with other
persons to such committees as deemed necessary to perform any functions for the
purposes of advising or providing other services to the District.
Section 2. Conflict of Interest. Each member of the Board is required to disclose
any potential conflicting interest in any transaction of the District pursuant to Section 18-8-
308 C.R.S. The Board Member with a potential conflicting interest in a District transaction
may not participate in the consideration of, and the vote on the transaction, may not
attempt to influence any of the contracting parties, and may not act directly or indirectly for
the Board in the inspection, operation, administration, or performance of any contract
related to the transaction. Ownership, in and of itself, by a Board Member of property
within the District shall not be considered a potential conflicting interest.
Section 3. Conflict of Terms of the IGA. In the event that the terms and conditions
of these Bylaws conflict with the IGA, the terms and conditions of the IGA shall control.
Adopted this _____ day of _______________, 20___.
Estes Park Local Marketing District
By:__________________________
Ken Larson, Chair
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92
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Lancaster
Date: December 11, 2018
RE: Appointment of a trustee to the Larimer County Mental Health Initiative
Policy Council
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint a trustee to represent Estes Park on the Larimer County Mental Health Initiative
Policy Council
Present Situation:
With the passage of Larimer County initiative 1A, on behavioral health, the County is
forming an advisory policy council to help set policy for the new facility and services. The
Council will be made up of elected officials from the municipalities within Larimer County.
Proposal:
To appoint a trustee to the Larimer County Mental Health Initiative Policy Council
Advantages:
Provide a voice for the Estes Park Community in the development of the County
mental health initiatives.
Disadvantages:
There will be a time commitment for the Trustee serving in this role.
Action Recommended:
That the Board appoint a trustee to serve on the policy council.
Finance/Resource Impact:
Minimal travel support
Level of Public Interest
low
Sample Motion:
I move to appoint ______________________ to represent Estes Park on the Larimer
County Mental Health Initiative Policy Council.
93
94
ADMINISTRATIVE SERVICES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: December 11, 2018
RE: Revised Policy 305 Benefits and Revised Policy 306 Leave
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Review, and if appropriate, adopt revised Administrative Services Policy 305 Benefits
and Policy 306 Leave.
Present Situation:
The Town Board approved the current policies in 2016 to address significantly outdated
personnel policies. The Leadership Team reviewed revisions to the policies during
meetings in November and have made the attached recommendations for the Board’s
consideration. These policies require Board approval because they pertain to the
Town’s compensation package for all employees, including the Town Administrator.
Proposal:
Revisions to the policies address changes in process in order to be in line with current
practices, simple changes to terminology, and the addition of new or increased
benefits. Below are some of the changes:
Policy 305 Benefits - contains simple clarifications, increase to Home Ownership
program funding, and the addition of the Childcare Assistance program approved by the
Town Board at the November 27, 2018 Board meeting through the adoption of the 2019
budget.
Policy 306 Leave - contains a number of simple clarifications, addition of bereavement
eligibility for part-time employees prorated based on average hours worked, and the
addition of Volunteer Leave.
Advantages:
Updates and clarifies personnel policies.
Disadvantages:
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Increase cost of Home Ownership and Childcare Assistance programs.
Action Recommended:
Approval of revised Policy 305 Benefits and Policy 306 Leave.
Budget:
2019 budget approved by the Board included additional costs in the 1800 Employee
Benefit fund of $51,000 for the Home Ownership and Childcare Assistance programs.
Level of Public Interest:
Low.
Sample Motion:
I move to approve/disapprove the revised Administrative Services Policy 305 Benefits
and Policy 306 Leave.
Attachments:
Revised Policy 305 Benefits
Revised Policy 306 Leave
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Effective Period: Until superceded
Review Schedule: Annually
Effective Date: 06/01/2016
References: Governing Policies Manual 3.2, 3.8
ADMINISTRATIVE SERVICES
305
Benefits
1. PURPOSE
To provide information for all employees regarding the Town of Estes Park’s employee
benefits.
2. POLICY
It is the policy of the Town of Estes Park to provide its employees with a benefits package
and competitive compensation package that is annually reviewed and updated. Any
recommended funding changes to either the compensation or benefits package, based
on annual studies, audits or reviews, is dependent on available funding and final approval
by the Town Board of Trustees. The benefits package offered by the Town of Estes Park
includes medical, dental, vision, group life and dismemberment insurance, optional
additional life insurance, tuition assistance, training, an employee assistance program,
discounted health club memberships, flexible spending plans, an employee home
ownership program, childcare assistance program and a retirement plan.
3. PROCEDURE
a. Medical, Dental, and Vision Coverage
i. Regular Full-Time Employees (30 or more hours per week)
The Town provides full medical, dental, and vision insurance to all full-time
employees at . Nninety percent (90%) of the premium of employee-only and
employee with dependents coverage is paid by the Town. Dental and vision
insurance is available to employees, their spouses and their children (The Town
covers 90% of the premium for employee-only dental and vision coverage and 75%
of the premium of employee plus spouse and/or their children dental and vision
coverage). The employee may elect medical insurance for the employee only or
employee and children (spouse not covered). The employee may elect dental and
vision insurance for the employee only or employee and family, which includes
spouse and children.
ii. Regular Part-Time Employees (24-29 hours per week)
Part-time employees who work 24-29 hours per week may participate in the plans,
but must pay the entire premium.
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iii. Contracted Employees
Benefits are determined through, and bound by, a contractual employment
agreement.
iv. Elected Officials
The Town provides full medical, dental, and vision insurance to members of the
Town Board of Trustees. Ninety percent (90%) of Trustee-only coverage and
Trustee with dependents coverage is paid by the Town.
v. Temporary Employees
Temporary employees are ineligible for benefit coverage with exception of those
benefits mandated by law or a specific benefit provider.
b. Continuance of Medical, Dental, and Vision Insurance
The Town’s policy for continuance of medical, dental, and vision insurance is
consistent with the requirements of the Consolidated Budget Reconciliation Act
(COBRA).
i. 18-Month Continuance
The Town offers employees and/or their dependents the option to continue their
medical, dental, and vision coverage for an 18-month period under the following
qualifying events:
1) Employees who are terminated for reasons other than misconduct; or
2) Employees whose working hours have been reduced.
ii. 29-Month Continuance
The Town offers employees and/or their dependents the option to continue their
medical, dental, and vision coverage for a 29-month period under the following
qualifying events:
1) Employees who are disabled at the time of termination;
2) Employees who are disabled and whose working hours have been reduced;
3) Disabled dependents of a terminated employee; or
4) Disabled dependents of an employee whose hours have been reduced.
iii. 36-Month Continuance
The Town offers employees and/or their dependents the option to continue their
medical, dental, and vision coverage for a 36-month period under the following
qualifying events:
1) Death of employee (eligible beneficiary can continue insurance);
2) Employees who become eligible for Medicare coverage; or
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3) Dependent child losing “dependent” status under the requirements of the
plan.
iv. Cost of Continuance
For continuation of coverage, the employee and/or dependent will be required to
pay one-hundred and two percent (102%) of the total insurance premium. The
added two percent (2%) covers administrative costs. It is the responsibility of the
employee to notify the Town of changes in status which will affect dependent
coverage. This notification must take place within 60 days after change of status
has occurred.
v. Evidence of Insurability
No evidence of insurability need be provided for continuation to occur. The
continuation coverage must be identical to the coverage offered to other Town
employees presently enrolled in the plan.
vi. Pre-Mature End of Continuance of Coverage
Coverage under these provisions will end earlier than stipulated if:
1) The Town ceases to provide a group medical plan to its employees;
2) Premium payments are not met by the insured; or
3) The insured is re-employed and is covered under another group plan or
becomes eligible for Medicare.
c. Medical Insurance for Retirees
Employees hired prior to June 1, 2016 who have at least 15 years of service and are
at least 60 years of age at the time of retirement are eligible to continue medical
coverage under the Town’s medical coverage until reaching age 65. The Town will
pay the Town’s portion of the premium under the same terms covered for qualifying
full-time and part-time employees. Dependent coverage must be paid by the retired
employee.
d. Group Life and Dismemberment Insurance
1) Employees are insured up to one times the employee’s annual salary (up to
anot to exceed $50,000 maximum).
2) Additional Life Insurance coverage is available for employees at their own
expense.
e. Retirement Plans
i. Types of Retirement Plans
The Town of Estes Park provides two types of retirement plans; a Defined Benefit
Plan (Public Employees Retirement Association) and a Defined Contribution Plan
(International City Management Association Retirement Corporation).
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1) Benefit-eligible employees who do not fall into either the Senior
Management Category or the Sworn Police Officer category are covered by
the Public Employees Retirement Association (PERA) and Social Security
Administration as required by current state and federal law.
2) Senior Management (defined in Colorado State Statute 24-51-308 as …”the
city manager and key management staff who report directly to the city
council or city manager…”) may choose between participating in PERA or
participating in the International City Management Association Retirement
Corporation (ICMA-RC) program. If a member of Senior Management
chooses to participate in the ICMA-RC program, that person must waive, in
writing, PERA coverage.
3) For those members of Senior Management that elect to be exempted from
PERA, the Town of Estes Park will contribute an amount equal to the
Town’s PERA contribution into an ICMA-RC defined contribution plan on
behalf of the employee. In order to be eligible for the Town’s match,
members of Senior Management who choose this option are required to
contribute and amount equal to or greater thanthe PERA’s required
minimum employee contribution into the ICMA-RC defined contribution
plan.
4) Sworn Police Officers are covered by the ICMA-RC program, with the Town
of Estes Park contributing an amount equal to the Town’s PERA
contribution on behalf of the employee. In order to be eligible for the Town’s
match, the employee is required to contribute an amount equal to the PERA
required contribution into the ICMA-RC defined contribution plan.
ii. Retirement Contributions
Benefit eligible employees are required to contribute to their retirement plan.
Contribution amounts by the Town of Estes Park are based on PERA’s annual
contribution requirement. The determined amount by PERA shall serve as the
baseline for retirement contributions by the Town for all employee retirement plans.
f. Tuition Assistance
The Town of Estes Park values education and recognizes that the skills, knowledge,
and abilities of its employees are critical to the success of the organization. The Town
encourages higher education and has the discretion to offer tuition and textbook cost
reimbursement (dependent on departmental budget availability) for relevant college
coursework expenses as allowable under Section 127 of the IRS regulations (currently
$5,520250). Tuition/textbook reimbursement is budget dependent through the
employee’s assigned department and is disbursed on a first come, first served basis.
i. Reimbursement Amount
Subject to the eligibility conditions listed in 305.3.f.ii, employees will be reimbursed
at a rate of 50% of the cost of the course tuition and textbooks. The maximum
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annual reimbursement level is equal to the maximum untaxable benefit allowed by
the IRS pursuant to section 127 per year (currently $5,520250).
ii. Eligibility
Both full-time and part-time employees are eligible for tuition assistance under the
following conditions:
1) The employee has worked for the Town for at least one (1) calendar year.
2) The employee completes a “Tuition Assistance Agreement” each semester,
and obtains approval from the Department Director prior to beginning the
course. The “Tuition Assistance Agreement” will be submitted to Human
Resources
3) The proposed coursework is offered by an institution that is fully accredited
by the Higher Learning Commission (HLC).
4) The coursework is job-related or part of an established career plan that
benefits the Town of Estes Park and has been approved by the Department
Director and Human Resources.
iii. Reimbursement Process
Employees seeking reimbursement for approved courses will use the following
process:
1) The employee will submit a transcript displaying final grade for the course
and a “Request for Reimbursement Form” to Human Resources.
Undergraduate courses must be completed with a grade of “C” or better,
graduate courses with a grade of “B” or better, and pass/fail courses with a
grade of “Pass”. The Town will not reimburse any employee for any course
where the required grade level is not accomplished.
2) Upon receipt of the transcript and “Request for Reimbursement Form”,
Human Resources will verify that the grade required for reimbursement was
achieved. If the grade meets the requirements, Human Resources will
forward the “Request for Reimbursement Form” to Finance for processing.
3) Human Resources will process the “Request for Reimbursement” within
thirty (30) days of the receipt of complete documentation.
4) The employee agrees to reimburse the Town for the cost of the education
paid by the Town if the employee terminates their employment within one
year after completing a course. The Town has the right to withhold the
appropriate retroactive amount from the employee’s final separation check.
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iv. Use of Work Time for Coursework
Whenever possible, employees are to pursue classes on their own time. When
necessary, and upon approval of the employee’s supervisor, an employee may
flex time to attend classes.
g. Training and Professional Development
i. Required Training
All costs for training programs or classes, including tuition and books, which are
required to improve the employee’s performance of job assignments and duties
shall be paid by the Town of Estes Park with appropriate approval (approval
authority shall be commiserate with purchasing authority limits). Requests and
suggestions for approved, required training may be initiated by the employee or
the employee’s supervisor. However, all requests must be approved in advance
by the appropriate authority (again, approval authority is commiserate with
purchasing authority limits).
ii. Certification/License Retention
All associated expenses for training required to maintain an employee’s
certification or license for their job will be paid for by the Town. Advanced
certification or license training expenses will be paid for by the Town based on
organization need of that particular skill level. Expenses associated with retesting
due to failing a test shall be reimbursed at the discretion of the Department
Director.
iii. Career Advancement Training
In an effort to support succession planning, the Town of Estes Park will pay for
training specific to developing an employee’s skills for promotion and advancement
within the organization. These trainings will require Department Director approval.
h. Employee Assistance Program
The Town participates in an Employee Assistance Program (EAP) for all full-time, and
part-time employees and eligible contract employees. This program provides help for
employees that are facing personal problems. The EAP provides confidential
assessment, referral, and focused therapy for employees and household members.
The program also assists employees in obtaining the most effective treatment, while
ensuring quality of service. The Town does not receive any personal identifying
information regarding the usage of the EAP.
i. Health Club/Community Center
Health club/Community Center memberships may be available from local health clubs
at a group or reduced rate. All fees are the employee’s responsibility. Monthly
memberships may be deducted from participating employee’s paychecks.
j. Social Security Benefits
The Town abides by all applicable federal requirements for Social Security
contributions.
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k. Flexible Spending Plan
The Town offers employees the option of participating in a Section 125 Flexible
Spending Account. This benefit includes pre-tax options for premiums, child care, and
medical expenses.
l. Voluntary Plans
The following are voluntary plans offered available to Town employees. The Town
does not contribute to any of these plans.
1) Voluntary 401K
2) Voluntary 457/Roth
3) Voluntary Long-Term Disability
4) Accident Insurance through AFLAC
5) Disability coverage through AFLAC Voluntary Life and Accidental Death and
Dismemberment
m. Employee Home Ownership Program
i. Purpose
The purpose of this program is to provide an employees an the opportunity to
purchase or build a homes in the Park R-3 School District the Estes Park areaas
their primary residence. Town benefits from this program include employee
retention and improvement in the quality of services provided by employees who
are also residents. The Town reserves the right to alter this program at any time,
and may impose a cap on the number of participants if deemed necessary by the
Town Administrator.
ii. Eligibility
Any permanent, full-time employee with an annual household income less than or
equal to 175% of the Larimer County Median Income for the most current year is
eligible for this program. The employee must be a first-time home buyer in Estes
Park. The Estes Park Housing Authority will evaluate eligibility for all participants.
Only one Town savings account may be used to purchase a home (i.e. two
employees may not use this benefit to purchase or build a single home).
iii. Program Responsibilities of Town
The Town of Estes Park shall establish an internal account that is funded through
the budget process. The Town offers a 3-year and a 5-year program. For the 3-
year program, the Town of Estes Park shall credit the account $417 555.55 per
month for each participating employee. For the 5-year program, the Town of
Estes Park shall credit the account $250 333.33 per month for each participating
employee. This monthly amount will serve as a fund to be used as part of a down
payment on the purchase of a home by the employee in the Park R-3 School
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District the Estes Park area (defined as the Park R-3 School District). In the
event that an employee withdraws from the program, this money remains the
property of the Town.
iv. Program Responsibilities of Employee
The employee shall establish a savings account that shall only be used for the
Home Ownership Savings Program (separate from the aforementioned Town
account). The employee is required to establish an electronic transfer funded by
a deduction from the employee’s paycheck (deposits shall be made to the account
each payday). The minimum amount of the deposit for the 3-year program shall be
$159 per pay period ($4,134 annually).The minimum amount of the deposit for the
5-year program shall be $95 per pay period ($2,470 annually).
v. Withdrawals from Employee Account
Withdrawals from this account are not allowed, and will be considered an
automatic disqualification from the program. These funds may not be withdrawn
prior to the issuance of the Town funds unless the employee provides
documentation supporting the necessity of the prior use of the funds.
vi. Payment Request
At the end of the three or five years, or sooner, the employee may request
payment of the funds for a qualified purchase (Town funds may not be used for
earnest money). At thehat time of the payment request, Human Resources must
have on file a statement for every month the employee participated in the
program. Again, the employee will be disqualified from the program if any
unauthorized withdraws have been made. Human ResourcesFinance shall issue
the funds payable to the title company handling the purchase closing. The
employee must provide documentation of the use of the funds such as a copy of
a signed contract to Human Resources. Town funds will be taxed at the
supplemental tax rate. The Town will hold funds for a period of up to two (2)
years after an employee completes his or her chosen program.
vii. Program Hiatus
A participating employee may take up to a one (1) year hiatus from contributing to
the Home Ownership Savings Program Account. During that time, the employee
may not make any withdrawals from their account. The Town will not contribute to
the account during the hiatus. A hiatus must be taken in one continuous period
(i.e. if an employee only takes a three-month hiatus, said employee cannot take
another nine-month hiatus at a later time).
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n. Childcare AssistanceProgram
i. Purpose
The purpose of this program is to assist full-time benefited employees who are
cost-burdened by childcare expenses.
ii. Eligibility
In order to participate in this program, employees must meet the following
requirements:
1) Seasonal, part-time and contract employees without benefits are not eligible
for this program;
2) Have one or more dependent children aged birth through twelve (12) years;
3) If there are two parents/guardians in the household, the second
parent/guardian must work a minimum of 20 hours per week or attend
school with 6 credit hours or equivalent per term; and
4) One (1) Childcare Assistance per household as allowed by IRS standards.
5) Sign up for Dependent Care Flexible Spending Account through the Town.
iii. Program Responsibilities of Town
The Town will make an annual contribution to a qualifying employee’s Dependent
Care Flexible Spending Account (DCFSA). The amount of this contribution will
depend on available budget, but the Town will endeavor to match an employee’s
contribution on a one-to-one basis up to the annual maximum limit of the DCFSA
as established by the Internal Revenue Service ($5,000 in 2018, equivalent to a
$2,500 contribution from both the Town and one employee).
iv. Program Responsibilities of Employee
Employees must provide all materials necessary for qualification. Application for
this benefit must be made in coordination with open enrollment or in conjunction
with a qualifying event.
n.o. Effective Date of Benefits
If a benefit-eligible employee is hired on or after the 2nd day of the month, benefits will
be effective the 1st of the following month. If the hire date is the 1st of the month, the
benefits will be effective immediately.
o.p. Changes to Provided Benefits
The Town reserves the right, at any time, to:
1) Amend or modify, in whole or in part, any or all of the provisions of a benefit
program, including provisions concerning who is eligible for coverage and the
coverage provided.
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2) Discontinue, terminate, or add a benefit program.
3) Change the amount or nature of the required contribution to be made by the
participant or beneficiary of a benefit program.
Approved:
_____________________________
Bill PinkhamTodd Jirsa, Mayor
_____________
Date
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Effective Period: Until superceded
Review Schedule: Annually
Effective Date: 06/01/2016
References: Governing Policies Manual 3.2, 3.8
ADMINISTRATIVE SERVICES
306
Leave
1. PURPOSE
The Town recognizes and respects its employees’ need for leave time away from work.
Such leave time is important in allowing employees to renew their physical and mental
capabilities and remain productive. To this end, the Town strives to create and maintain
a balanced work schedule for its employees by promoting quality of life through leave
time.
2. POLICY
In accordance with state and federal laws, the Town provides leave time to eligible
employees as set forth in the following procedure. Leave accountability is the
responsibility of the employee and the supervisor.
3. PROCEDURE
a. Reporting Absences and Tardiness
i. Expectations
Employees are expected to report to their place of work every day as scheduled,
unless on approved leave. Time off of any kind must be taken in accordance with
this policy and other applicable Town policies.
ii. Absent or Tardy Notifications
Employees who will be absent or late to work must notify their immediate
supervisor (or the supervisor’s designee) as soon as they learn of the need to be
absent or late. Failure to provide prompt notice of an absence or tardiness is an
unapproved absence and may result in disciplinary action.
iii. Process for Reporting Absences or Tardiness
Unless otherwise directed in written departmental work rules, employees must
notify their immediate supervisor no later than fifteen (15) minutes after the start
of the employee’s work shift if they will be absent or late. When notifying the
supervisor of the need to be absent or late, the employee must report:
1) The reason for the absence (or tardiness).
2) The date (or time) when the employee expects to return to work.
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iv. Exceptional Circumstances
The Town recognizes that under exceptional circumstances, neither the
employee nor someone on his or her behalf may reasonably be able to call within
the time required. In such a case, the employee or representative must contact
the employee’s supervisor as soon as possible after the beginning of the shift. If
the supervisor, at his or her discretion, believes the employee had a compelling
reason which prevented the employee from obtaining prior approval for the
absence, or from calling in on time, the supervisor may approve pay for the
period of absence or tardiness.
b. Vacation Leave
i. Eligibility
Vacation leave is accrued by all full-time, and part-time employees and eligible
contract employees. Vacation leave is pro-rated for part time employees (50% for
20-29 hour part-time employees, 75% for 30-39 hour part-time employees).
ii. Amount of Hours Earned
Vacation accrual begins upon initial date of hire and hours are earned for the first
two pay periods of each month according to the schedule below. The date of
initial hire does not change with changes in employment within the Town
organization (i.e. promotions and transfers). However, if an employee leaves
employment with the Town, the initial date of hire will change for the purposes of
vacation accrual should the employee return to work for the Town. The amount of
hours earned per pay period is pro-rated for eligible part-time employees. The
maximum vacation leave carry over allowed is equal to double the amount of
hours that can be earned in a year. An employee moves through the “Years of
Service” brackets at the completion of the final year in the bracket. For example,
an employee would move from the “0 through 3” bracket into the “4 through 7”
bracket at the completion of the employee’s third year of service (36 months).
Years of Service Hours Earned per Month Maximum Carry Over
0 through 3 8.00 192 Hours
4 through 7 10.00 240 Hours
8 through 15 12.00 288 Hours
16 or more 14.00 336 Hours
iii. Amount of Hours Earned by At-Will Employees
Years of Service Hours Earned per Month Maximum Carry Over
0 through 3 10.00 240 Hours
4 through 7 12.00 288 Hours
8 through 15 14.00 336 Hours
16 or more 16.00 384 Hours
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iv. Authorization of Vacation Leave
1) Vacation leave shall be requested in advance and is granted at the
discretion of each employee’s supervisor (the Town Administrator for all
Department Directors and the Public Information Officer).
2) Requests for vacation leave may be deferred based upon workload.
Supervisors and Department Directors shall ensure that every effort is
made for the employee to use vacation leave requests previously
cancelled due to department work load.
v. Forfeiting of Vacation Leave
On the employee’sir anniversary date (date of hire), employees they will forfeit
any accrued vacation leave exceeding the maximum carry over articulated in
Section 3.b.ii and 3.b.iii of this policy. If an employee’s vacation leave denial was
unavoidable, the employee will be allowed to carry over that amount of leave for
a period of time determined by the employee’s supervisor with the completion of
a personnel action form.
vi. Use of Vacation Leave
Vacation leave shall be taken in no less than one (1) hour increments. At no time
may any employee have a negative vacation leave balance.
vii. Separation of Employment Payout
Upon separation of employment, an employees receives payment for all accrued
vacation leave. The payment for accrued vacation will be based on the
employee’s pay rate at the time of separation. This payment is taxed at the
supplemental earnings rate
c. Holiday Leave
i. Eligibility
Holiday leave is granted to all full-time, and part-time employees and eligible
contract employees. Holiday leave is pro-rated for part time employees (50% for
20-29 hour part-time employees, 75% for 30-39 hour part-time employees).
ii. Holidays Observed
Holiday leave is observed and granted for the following holidays:
Nominal Date Holiday
January 1st New Year’s Day
May (Last Monday)Memorial Day
July 4th Independence Day
September (First Monday)Labor Day
November (Fourth Thursday)Thanksgiving Day
December 24th Christmas Eve Day
December 25th Christmas
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Holidays that occur on a Saturday will be observed on the preceding Friday, and
those that occur on a Sunday will be observed on the following Monday.
If an employee is not normally scheduled to work on the day that a Town-
observed holiday lands (i.e. a Friday for an employee working a 4/10 schedule),
then such employee shall receive one additional eight (8) hour segment of
holiday pay to be used when the employee desires, with supervisor
approvalfloating holiday.
If an employee is normally scheduled to work on the day that a Town-observed
holiday lands, and does not work the holiday, such employee receives eight (8)
hours of holiday pay.
iii. Use of Holiday Leave
Holiday leave granted by the Town shall be used in the following manner:
1) Holidays must be taken unless the employee is scheduled to work by the
employee’s supervisor.
2) Holidays which occur during an employee’s absence due to vacation or
sickness shall not be counted as vacation or sick leave.
3) Employees, other than Department Directors and Police Department
personnel, who are required to work on a holiday will receive pay for the
hours worked as well as holiday pay.
iv. Use of Holiday Leave – Police Department
As the Police Department is required to be staffed on a 24/7/365 basis, Town-
observed holidays will be handled by the Police Department as described below:
1) Non-exempt patrol personnel and non-exempt dispatch personnel will
receive eight (8) hours of straight holiday pay for every holiday, regardless
of whether the day is worked or not. These hours will not count towards
overtime.
2) Non-exempt police personnel on an administrative schedule will receive
eight (8) hours of holiday pay for each Town-observed holiday. These
hours will count towards overtime.
v. Floating Holidays
In addition to the Town-observed holidays above, employees are allotted three
(3) floating holidays to be taken at their discretion, with supervisor approval.
Floating holidays must be used during the year accrued or they will be forfeited
on December 31st. Floating holidays are pro-rated for new employees. Floating
holidays are pro-rated for part-time employees (50% for 20-29 hour part-time
employees, 75% for 30-39 hour part-time employees).
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d. Sick Leave
i. Eligibility
Sick leave is accrued by all full-time, and part-time employees and eligible
contract employees. Sick leave is pro-rated for part time employees (50% for 20-
29 hour part-time employees, 75% for 30-39 hour part-time employees).
ii. Amount of Hours Accrued
Sick leave will be accrued at the rate of four (4) hours for the first two bi-weekly
pay periods of each month (pro-rated for eligible part-time employees). Sick
leave accumulation is capped at 480 hours. When any employee accumulates
more than 480 hours of sick leave, all excess sick leave will be converted to
vacation leave (on a two-for-one basis) on that employee’s anniversary date.
iii. Use of Sick Leave
Sick leave shall be used in the following manner:
1) Sick leave may only be used for:
a. A non-occupational personal illness that renders an employee unable
to perform their job.
b. Non-occupational, necessary medical, optical, and dental health
examinations and treatments, including reasonable travel time, when
such appointments cannot be scheduled outside of regularly scheduled
work hours.
c. When an employee’s family member has a medical appointment or is
ill and requires the care of the employee. For the purposes of this
policy, “family member” is defined as an employee’s child, spouse,
sibling, parent, grandparent, or grandchild, including natural, step, in-
law, and foster relatives, regardless of whether or not said relative is
living within the employee’s home.
c.d. For a Family Medical Leave Act (FMLA) qualifying event as outlined
in Policy 311.
d.e. For a single day, weather-related closure of Town facilities as
determined by the Town Administrator.
2) Sick leave may not be used during a scheduled vacation or compensatory
time off.
3) Employees who are eligible for holiday time and who are on sick leave
during a designated holiday must record holiday time for that day and not
sick leave. An employee who is scheduled to work on a holiday and
becomes sick must record holiday time only for the day.
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4) During paid sick leave under the terms of this policy, all benefits will
continue as though the employee were at work.
5) Sick leave shall be taken in no less than 30 minuteone (1) hour
increments.
6) At no time may any employee have a negative sick leave balance.
7) A Department Director may require an employee to take sick leave for any
of the reasons specified in 306.3.d(iii)(1).
8) Employees are prohibited from using sick leave except under the
circumstances described above. Employees who, in the Town’s judgment,
misuse sick leave are subject to disciplinary action. When there appears
to be a possibility that sick leave is being misused, the Department
Director or supervisor may:
a. Make further inquiry of the employee about past or ongoing use of the
leave time.
b. Require the employee to provide the type of information or submit to
medical examinations as provided in the “Medical Certification” section
of this policy (3.c.vi).
c. Require the employee to provide written medical verification or be seen
by the Town’s designated physician in order to use any further sick
leave.
iv. Notice of Brief Absence (3 days or less)
This portion of the leave policy applies to non-occupational absences for brief
illnesses, injuries, and minor medical procedures where the employee
reasonably expects to be absent three (3) days or less, even if the absence ends
up being longer.
1) Employees who need to use sick leave for an unexpected, brief illness or
injury must contact their supervisor within 15 minutes after the beginning
of the shift each day of the absence, or within a time frame set by the
employees’ Department Director.
2) Employees who need to be absent for a scheduled medical procedure or
short-term treatment must notify their supervisor as soon as the need for
the absence is scheduled with the health care provider.
v. Notice of Prolonged Absence (More than 3 Days) or Intermittent Leave
This portion of the leave policy applies to employees who need to be absent for
non-occupational illnesses or medical procedures for more than three days, or
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who need to use sick leave intermittently. Employees seeking job protection
under the Family and Medical Leave Act (FMLA) should refer to Policy 311.
vi. Medical Certification
1) The Town reserves the right to require employees to substantiate and/or
document their need for sick leave, whether it is based on their own
physical condition or the condition of an immediate family member.
2) The Town reserves the right to evaluate requests for, and extensions of,
sick leave by consulting with the physician of the employee, or with the
Town’s own medical consultants, and retains the right to request that the
employee seek a second opinion of the illness/disability from a physician
of the Town’s choice. Employees who request sick leave, or who have
used sick leave, may be required by their supervisor (in consultation with
Human Resources) to provide written verification of the following from the
physician or other health care provider treating the employee:
a. Date on which the condition commenced;
b. Nature and extent of illness or injury, but only as is necessary to
determine the employee’s ability to perform job functions;
c. Probable duration of illness or injury;
d. Confirmation that the employee is unable to perform essential job
functions;
e. Anticipated date on which the employee may return to work; and/or
f. Release stating that the employee is able to return and perform his
or her duties without endangering the health and safety of
himself/herself or others, and describing restrictions on the
employee’s work activities.
3) Any illness or injury of an employee or an employee’s immediate family
member requiring an employee to miss more than three (3) regularly
scheduled work days may, at the discretion of the Department Director,
require a physician’s statement verifying the condition of the person under
the physician’s care.
4) At the end of any sick leave, the Town may require a physician’s
statement verifying the employee’s fitness to return to work.
vii. Payment upon separation
A terminating employee that has completed 20 years of continuous service shall
be compensated for fifty percent (50%) of their accumulated sick leave hours.
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Said compensation will be computed at the employee’s rate of pay at time of
termination. This payment is taxed at the supplemental earnings rate.
e. Family and Medical Leave Act
The Town of Estes Park complies with the Family and Medical Leave Act of 1993, as
amended. The Town posts the mandatory FMLA Notice and, upon hire, provides all
new employees with notices required by the United States Department of Labor
(DOL) on Employee Rights and Responsibility under the Family and Medical Leave
Act. For more details on the Town’s compliance with FMLA, please see Policy 311.
f. Jury Duty and Witness Appearance Leave
The Town recognizes jury duty as an important civic obligation. If called to report to
jury duty or required to serve on a jury, an employee will be granted the necessary
time required and will be compensated at his or her regular pay rate.
i. Notification
If an employee is served with a summons to jury duty, the employee must inform
his or her supervisor by the next regular work day and provide a copy of their
summons (in electronic format or otherwise).
ii. Exempt Employee Compensation
Exempt employees will receive their regular wages for regularly scheduled work
hours for jury duty.
iii. Non-Exempt Employee Compensation
Non-exempt employees will receive their regular wages for regularly scheduled
work hours during each of the first three days of jury duty served during regular
work hours. Thereafter, any pay they receive for jury duty is paid by the
governmental entity requesting the employee to participate in the jury service.
iv. Compensation Requirements
The Town has no obligation to pay wages for time spent on jury duty until and
unless the employee’s supervisor verifies on the Court website that the employee
was on jury duty during that period.
v. Return to Work
Employees are expected to return to work on any day or portion of a day they are
released from jury duty as reasonable.
vi. Witness Appearance Leave
1) Exempt employees will be paid during time they are subpoenaed or
otherwise required by law to appear as a witness in any personal matter
that overlaps with scheduled work time up to a maximum of two working
days in any 12-month period. To receive this pay, the employee must pay
to the Town any witness pay received by the employee, excluding mileage
reimbursement. Any further time that an employee is required to appear
as a witness is unpaid by the Town unless the employee chooses to use
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accrued paid leave time. A matter is considered personal if, in the
discretion of the supervisor, it is not directly related to the employee’s
essential job functions. An employee’s appearance as a witness in non-
personal matters is considered regular working time and will be
compensated accordingly.
2) Non-exempt employees will be granted all necessary time off when
required to appear as a witness in personal matters, but such time is
unpaid by the Town unless the employee chooses to use accrued paid
leave time. An employee’s appearance as a witness in non-personal
matters is considered regular working time and will be compensated
accordingly.
g. Voting Leave
i. Eligibility
To qualify for voting leave, employees must:
1) Be a registered, eligible elector entitled to vote at an election.
2) Advise their manager of the leave of absence prior to the day of the election.
3) Have less than three (3) hours between the time the polls open and the time
the polls close during which they are not required to be on the job for the
Town.
ii. Benefit
Eligible employees shall be entitled to up to two hours off, with pay, for the
purpose of voting on the day of the election during the time the polls are open.
The Town may specify the hours during which the employee may be absent.
h. Workers’ Compensation
The Town complies with all applicable federal and state laws pertaining to Workers’
Compensation. Employees who are injured on the job may be eligible for leave time
and other benefits. Any employee who suffers an occupational injury must report the
injury to Human Resources and follow the incident reporting policy. Questions about
workers’ compensation should be directed to Human Resources.
i. Military Leave
i. Eligibility
All Town employees, regardless of employment category, are eligible to take
military leave for active duty or active or inactive duty training if they are
members of the reserves or enlisted in any branch of the United States Armed
Forces, or are members of the National Guard of any state in the United States.
Employees must present official documentation of the military duty prior to the
leave and upon returning from leave.
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ii. Length of Paid Military Leave
1) Employees are provided with paid leave for a maximum of 15 working
days (120 hours for full-time employees, pro-rated for less than full-time
employees) per calendar year for active duty or active or inactive duty
training with the National Guard or any branch of the United States Armed
Forces. If the intermittent schedule of a part-time employee makes it
difficult to determine the number of hours the employee would have
worked during the leave period for proration purposes, the number of
hours the employee actually worked during the 21 calendar day
immediately preceding the leave shall be used to calculate the maximum
length of the paid military leave.
2) After exhausting the 15 days of paid military leave, an employee may
choose to use accrued vacation time, compensatory time, accrued but
unused holiday time, and/or take leave without pay for active duty or
active or inactive duty training with the National Guard or any branch of
the United States Armed Forces. If an employee chooses to use the
above described accrued paid leave, such use must be at the rate of 40
hours per week (prorated for part-time employees based on their FTE)
and can only be used during the initial portion of the leave. Once the leave
becomes unpaid, and employee cannot begin using accrued paid leave.
An employee may not use any other type of paid leave during military
leave, including, but not limited to, sick leave or injury leave.
iii. Continuation of Medical, Dental, and Vision Insurance
1) After the first 30 continuous calendar days of unpaid leave for active
military service, the Town-sponsored medical, dental, and vision insurance
for the employee and covered dependents will terminate. After coverage
terminates, the employee may elect to continue coverage at his or her
own expense, and will be provided with detailed notice of the right to
continue coverage.
2) Employees who are reinstated after completing active duty or active or
inactive duty training will be eligible for immediate coverage under any
applicable medical insurance plans existing at the time without a waiting
period.
iv. Retirement Plans
Employees who are participants in any Town-sponsored retirement plan will
continue to accrue service credits during military leave, and such leave will not
constitute a break in service, so long as the employee complies with
requirements for reinstatement after completing active duty or active or inactive
duty training.
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v. Life and Disability Insurance
After the first 30 continuous calendar days of unpaid leave for active military
service, coverage under the life and disability insurance plans sponsored by the
Town will terminate. These plans may contain limitations on coverage for death
and disabilities which occur during a declared or undeclared war. For more
information about the policy provisions of these plans, contact Human Resources
for a copy of the summary plan descriptions or policies.
vi. Reinstatement
When all of the following conditions for reinstatement are met, an employees will
be reinstated to the same position they had at the time the military leave
commenced, or to a position of like status and pay, provided that:
1) The cumulative period of military service was no longer than five years,
unless a longer period is required by federal or state law.
2) The individual employee must return to work, or apply in writing, for
reinstatement in a timely manner as defined by federal and state law.
While these laws contain exceptions which could extend the time an
employee has to return to work, they generally define timely manner as
follows:
a. Military service time of less than 31 days: reporting for work the
next regularly scheduled work day following safe travel time plus
eight (8) hours.
b. Military service time of more than 30 days but less than 181 days:
submitting an application for reinstatement within 14 days after
release from military service.
c. Military service time of more than 180 days: submitting an
application or reinstatement within 90 days after release from
military service.
3) The employee must provide documentation from the National Guard or United
States Armed Forces that he or she honorably completed military service or
active or inactive duty training, such as discharge papers.
4) An employee has the same right to reinstatement as if he or she had been
continuously employed during the leave period. For example, the employee is
not eligible for reinstatement if the job for which he or she was hired was for a
specific time period which expired, or for a project which was completed
during the absence, or if the position has been eliminated.
5) The employee is qualified to perform the duties of the pre-service position. If
the employee is no longer qualified because of a disabilityto perform the job
with reasonable accommodations, he or she will be re-employed in another
existing job that he or she is capable of performing.
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j. Administrative Leave
i. Imposition of Administrative Leave
1) All Town employees, regardless of employment category, may be placed
on administrative leave at any time, with or without cause or notice, at the
sole discretion of the Town Administrator. Placement on administrative
leave is not disciplinary in nature. Circumstances under which such a
leave may occur include, but are not limited to, the following:
a. To make inquiries into or investigate a work-related matter;
b. To remove the employee from the workplace pending a
determination of job action;
c. To protect the employee;
d. To protect the public;
e. To protect other employees or property in the workplace; or
f. To further any other work-related or business-related purpose.
2) Unless it would harm an administrative or criminal investigation, and after
consultation with Human Resources, the supervisor or manager shall place
an employee on administrative leave as soon reasonably practical upon
determination that such leave is appropriate under Section 306.j.ii of this
policy.
ii. Paid and Unpaid Administrative Leave
1) Administrative leave shall be with pay except under that following
circumstances, in which case administrative leave may be without pay:
a. The employee has been formally charged or indicted for a felony or
misdemeanor and:
i. The employee occupies a position of public trust and public
visibility; or
ii. The felony or misdemeanor relates to the performance of the
employee’s official duties
b. The employee has been formally charged or indicted for a crime of
theft, a sex offense, or an offense that involves minors.
2) Before an employee is placed on unpaid administrative leave, the
employee must be provided with a pre-determination hearing pursuant to
Policy 308 for the purpose of providing the employee with the opportunity
to be heard and present information concerning whether or not there are
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reasonable grounds to support the placement on unpaid administrative
leave.
3) During paid administrative leave, an employees will continue to receive
their regular, straight-time wages and benefits based on their position’s
designated FTE. Employees An employee who are eligible for holiday time
and who are on paid administrative leave during a designated holiday will
receive holiday pay for that day in lieu of pay for administrative leave.
iii. Employee Required to Remain Available
Employees An employee on paid or unpaid administrative leave must remain
available so that they can be contacted during their regular working hours, and
so that they canbe available to return to work within one (1) day if requested to
do so. This means that an employee on administrative leave may not consider
the leave time as vacation or personal time. The employee must provide his or
her supervisor with telephone numbers where he or she can be reached during
regular working hours and must promptly return calls from the supervisor or
Human Resources. In addition, the employee must obtain the prior permission of
the supervisor and use accrued vacation time, compensatory time, or other leave
time in order to be out of contact with his or her supervisor for longer than a
single workday.
iv. Employee Restrictions during Administrative Leave
During administrative leave, an employee may not contact other employees or be
at the work site unless directed to do so by their supervisor.
k. Bereavement Leave
i. Eligibility
In the event of a death in an employee’s immediate family (defined in Section iii
below), the Department Director may authorize paid leave of up to 40 hours for
full-time employees to manage family affairs and attend the funeral. Part-time
employees may be granted leave without payauthorized paid leave at a prorated
rate of 20 hours for an employee working on average 20 – 29 hours and 30 hours
for an employee working on average 30 – 39 hours by their Department Director.
ii. Requesting Bereavement Leave
In order to request bereavement leave, an employee shall submit a written
request to his or her Department Director, who shall approve, deny, or reduce of
leave requested by the employee. In authorizing any requests for bereavement
leave, consideration shall be given to the distance to be travelled and personal
demands placed on the employee.
iii. Immediate Family
For the purposes of bereavement leave, the Town defines “Immediate Family” to
include a spouse, a child, a parent, a parent in-law, a sibling, a brother or sister
in-law, a grandparent, a grandchild, a stepparent, a stepchild, a stepbrother, a
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stepsister, a legal guardian, or a person with whom the employee shares a
household with in a personal relationship.
l. Domestic Violence Leave
The Town complies with C.R.S. 24-34-402.7 as it relates to leave for victims of
domestic violence. Any employee eligible for leave under C.R.S. 24-34-402.7 will
receive up to three (3) working days of unpaid leave from work in any twelve-month
period.
m. Emergency Volunteer Service Leave
The Town complies with C.R.S. 24-33.5-801 through C.R.S. 24-33.5-828 as it
pertains to emergency volunteer service leave for employees.
n. Volunteer Firefighter Leave
The Town complies with C.R.S. 31-30-1131 as it pertains to the employment of
volunteer firefighters.
o. Volunteer Leave
The purpose is to create community engagement opportunities for Town staff that
support the Estes Valley. In addition, the Town recognizes that participating in
volunteer projects and encouraging philanthropy will also enrich and inspire the lives
of our employees and build strong work teams. Activities performed in the use of
Volunteer Leave are considered personal in nature and not representative of the
Town.
i. Eligibility: Eight hours is granted to all full-time and part-time employees
annually. Volunteer leave is pro-rated for part-time employees (50% for 20 - 29
hour part-time employees, 75% for 30 - 39 hour part-time employees).
ii. Ineligibility:
1) Employees are ineligible if their employment terminates for any reason.
2) If the Volunteer leave program is discontinued for any reason, all leave
previously granted and unused will become null and void.
3) The Town reserves the right to modify, amend, suspend or discontinue the
program at any time without prior notice.
4) The Town reserves the right to revoke previous approval if it is determined
the employee is misusing the program.
iii. Leave Authorization:
1) Volunteer leave shall be requested in advance and is granted at the discretion
of each employee’s supervisor.
2) Employees using volunteer leave must fill out the Volunteer Leave form and
have it completed by their supervisor and the off-site volunteer coordinator.
3) Work demands shall take priority over the volunteer leave request.
4) Volunteer leave may be used individually or with other employees as a team
volunteer activity.
5) Volunteer leave shall not be used in the computation of overtime and
compensatory time.
iv. Use of Volunteer Leave:
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1) Volunteer leave must be used during the year accrued or it will be forfeited on
December 31st.
2) Employees will be paid at their regular wage for volunteer leave hours.
3) Following the use of volunteer leave, the employee must enter the time into
Paylocity using the Volunteer Leave code and insert a note regarding the
project.
4) Examples of appropriate volunteer leave include but are not limited to:
a. Working with an organization to clean up a road or trail.
b. Performing restoration work in a natural area.
c. Volunteering at a food bank.
d. Participating in childhood mentoring or educational programs.
5) Examples of inappropriate volunteer leave include but are not limited to:
a. Taking a ski vacation and charitably giving ski lessons.
b. Attending your child’s PTA conference.
c. Canvassing for a political campaign.
d. Religious, professional, or political activities.
e. Town events associated with an employee’s normal job duties per the Fair
Labor Standards Act (FLSA).
6) Volunteer Leave may be used in one day or spread over the calendar year in
one (1) hour increments, depending on the work needs of the employee’s
department and supervisor approval.
7) Volunteer Leave shall be used for nonprofits and taxing districts within the
Park R-3 School District boundary. The organization must serve the Estes
Valley.
8) Situations not addressed in this policy would require the approval of the Town
Administrator.
o.p. Education Leave
Eligible employees, when necessary, and upon approval of the Department Director,
may be granted a maximum of four hours per week of paid educational leave to
attend classes (see Policy 305.f for more information). For the purposes of this
policy, Town-sponsored and/or mandatory training is not considered education
leave.
p.q. Leave without Pay
i. Eligibility
Any full-time, or part-time employee and contract employee in good standing is
eligible for leave without pay.
ii. Benefit
When in the best interests of the Town and the employee, the Town
Administrator may grant a leave without pay to any eligible employee for a period
of up to three (3) months. Such leave shall not constitute a break in employment,
and the employee shall return to his or her position at the expiration of the leave
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period. Temporary help may be obtained during the employee’s absence.
Department Directors may grant up to two (2) days in a one-month period of
unpaid leave to an employee.
iii. Interaction with other Benefits
Annual and sick leave shall not accrue while the employee is on leave without
pay. Failure to return to work at the expiration of a leave of absence shall be
considered a resignation. If applicable, leave without pay may run concurrently
with FMLA leave subject to required medical certification. The employee will be
responsible for all insurance premiums, and must pay these in advance of leave.
iv. Requesting Leave without Pay
In order to request a leave without pay, an employee shall submit a written
request to his or her Department Director. Requests for leave without pay will be
considered in the following manner:
1) If the request is for two (2) days or less, and will not exceed the two (2)
days per month limitation, the Department Director may approve, deny, or
change the requested leave.
2) If the request is for three (3) or more days, or if the two (2) days per month
limitation is to be exceeded, the Department Director shall forward this
request to Human Resources and the Town Administrator along with a
recommendation to approve, deny, or change the requested amount of
leave. In this case, the Town Administrator makes the final determination
on whether to approve, deny, or change the requested amount of leave
without pay.
Approved:
_____________________________
Bill PinkhamTodd Jirsa, Mayor
_____________
Date
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