HomeMy WebLinkAboutPACKET Town Board 2018-02-13The 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, February 13, 2018
AGENDA
6:15 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
For a conference with an attorney for the Board for the purposes of receiving legal advice on
specific legal questions regarding use of the Senior Center – Section 24-6-402(4)(b), C.R.S.
REGULAR BUSINESS
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.
Election Update – Town Clerk Williamson
1. CONSENT AGENDA:
1. Town Board Minutes dated January 23, 2018 and Study Session dated January 23,
2018.
2. Bills.
3. Committee Minutes.
Community Development/Community Services Committee Minutes dated
January 25, 2018.
4. Family Advisory Board Minutes dated January 4, 2018 (acknowledgement only).
5. Estes Park Board of Appeals Minutes dated May 4, 2017 (acknowledgement only).
6. Amendment of Water System Transfer Agreement with Park Entrance Mutual
Pipeline Water Company.
Prepared 02/02/2018
*Revised 02/09/2018
** Revised 02/12/18
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
7. Revised Policy 402 Community Development Fee Waiver.
8. Dynamic Message Signs Installation Contract, Davinci Sign Systems, Inc.
9. Purchase of Tandem Dump Truck for Water Department, MHC Kenworth-Greeley,
$157,480.03.
10. Board of Adjustment Appointments:
Wayne Newsom, Reappointment, 3-year term expiring February 28, 2021.
Jeff Moreau, Reappointment, 3-year term expiring February 28, 2021.
11. Local Marketing District Appointment - Kevin Benes to complete the term of Chris
Amundson expiring on December 31, 2019.
2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. AMENDED AND RESTATE BLACK CANYON MINOR SUBDIVISION PLAT,
800 Macgregor Avenue; Sloan Investments LLC, Owner. Director Hunt.
B. ORDINANCE #34-17 – AMENDING THE ESTES VALLEY DEVELOPMENT
CODE CHAPTER 13 §5.4 & §3-17, REGARDING OUTDOOR MOBILE FOOD
VENDORS & VENDING PERMITS. Planner Becker.
3. ACTION ITEMS:
1. FUTURE USE OF SENIOR CENTER AT 220 4TH STREET. Assistant Town
Administrator Machalek.
2. ORDINANCE #02-18 – AMENDING THE 2015 INTERNATIONAL BUILDING
CODE, §307.1.1, §414.2.5 AND TABLE 414.2.5(2), REGARDING THE STORAGE
OF DISTILLED SPIRITS IN WOODEN BARRELS OR CASKS. Chief Building
Official Birchfield.
3. POLICY 108 – ADMINISTRATIVE POLICIES APPLICABLE TO THE BOARD OF
TRUSTEES. Town Administrator Lancaster.
4. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE
APPOINTMENT. Town Clerk Williamson.
4. ADJOURN.
*
**
**
Town of Estes Park, Larimer County, Colorado, January 23, 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 23rd day of January, 2018.
Present: Todd Jirsa, Mayor
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Bunny Beers, Recording Secretary
Absent: Mayor ProTem Koenig
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
Mayor Jirsa recommended the addition of two action items to discuss an agreement
with Senior Citizen Center Inc. and to appoint the Municipal Court Judge Interview
Committee. It was moved and seconded (Walker/Norris) to approve the Agenda with
the addition of Action Items 4 and 5, and it passed unanimously.
PUBLIC COMMENTS.
Those speaking in favor of Senior Center services remaining at the current location,
included Elvia Allen/County citizen and Joanna Darden/Town citizen. The Senior Center
is a familiar and comfortable location for the seniors.
Those speaking in favor of utilizing the Senior Center space for childcare needs
included Ann Finley/Town citizen, Sherry Ruth/Town citizen, Kristen Berg/County citizen
and Art Messal/Town citizen. Comments have been summarized: the presence of all
generations make a healthy community; lack of affordable housing and options for
daycare and options for pre-kindergarten education deters young families; in reference
to the deed restrictions, the needs of seniors and children are similar and can be met at
the same location; childcare should be a priority to keep young families in Estes Park,
and a space does not exist to fill the childcare needs in the community.
Joann Batey/County citizen and member of the Senior Advisory Committee (SAC)
stated the needs of seniors would be met at the new community center with educational
and entertainment programs and services. The new location is equipped with a full
kitchen used to serve lunches to seniors which would be funded through a grant.
Estes Valley Recreation and Parks District Executive Director Tom Carrasello added
staff is honoring the IGA and would make sure the seniors in the community are taken
care of. Staff intends to keep educating the public on the senior services offered at the
community center.
TRUSTEE COMMENTS.
Trustee Holcomb stated during the Transportation Advisory Board meeting held on
January 17, 2018 Belle Morris was appointed Chair and Claudine Perrault would serve
as Vice Chair. New member appointment interviews would be scheduled in March 2018
to fill three open positions.
Mayor Jirsa attended the Colorado Association of Ski Towns (CAST) meeting held in
Telluride, CO. He attended a CDOT presentation on the new RoadX program. He also DRAFT3
Board of Trustees – January 23, 2018 – Page 2
had discussions regarding the possible transfer of the Bureau of Reclamation land to
the Town which the parking garage was built on.
Trustee Walker attended the Estes Valley Planning Commission meeting held on
January 18, 2018 where staff discussed workforce housing bonuses.
Trustee Norris stated the Family Advisory Board meeting would be held on February 1,
2018.
Trustee Martchink stated 10 citizens have turned in nomination petitions to the Town
Clerk and are official Trustee candidates for the 2018 Municipal Election.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster reported compliance on policy 3.3 without any limitations.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 9, 2018 and Study Session January 9, 2018.
2. Bills.
3. Committee Minutes.
A. Audit Committee Minutes dated November 17, 2017.
4. Parks Advisory Board Minutes dated December 14, 2017 (acknowledgement
only).
5. Transportation Advisory Board Minutes dated December 20, 2017
(acknowledgement only).
6. Estes Valley Planning Commission Minutes dated November 14, 2017
(acknowledgement only).
7. Policy Governance Compliance Report Policy 3.3.
8. Revised Policy 106 – Public Forums and Meetings.
It was moved and seconded (Holcomb/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS:
1. ESTES VALLEY PARTNERS FOR COMMERCE (EVPC) QUARTERLY
REPORT. Charlie Dickey EVPC President stated board elections took place and
are as follows; Kent Smith/Vice President, Kirby Hazelton/Treasurer, and Ann
Wilcox/Secretary, other members mentioned were Jon Nicholas, Nick Smith,
Derek Vinge, McShan Walker and John Witmer. Seated as the new president he
intends to increase membership, participation and would continue collaborations
with other entities, business and committees. The board approved a vote to
support the Career Wise program. The quarterly dinner took place in January at
the Stanley Hotel with various updates from local entities. EVPC and the Estes
Area Lodging Association would partner to hold a candidate forum at the
Ridgeline Hotel on March 14, 2018.
3. LIQUOR ITEMS:
1. NEW BEER AND WINE LIQUOR LICENSE FILED BY DNC PARKS & RESORT
AT TRENDZ, INC., DBA TRENDZ AT THE PARK, 100 E. ELKHORN AVENUE,
ESTES PARK, CO 80517. Mayor Jirsa opened the public hearing. Town Clerk
Williamson reviewed the application for a new beer and wine liquor license DRAFT4
Board of Trustees – January 23, 2018 – Page 3
stating all necessary paperwork had been submitted. She added TIPS training
has not been scheduled. Manager Kyle Forgey stated the purpose for the license
would be to provide a wine bar in the retail area at the location. The Mayor
closed the public hearing. It was moved and seconded (Holcomb/Norris) to
approve the New Beer and Wine Liquor License filed by DNC Parks &
Resort at Trendz, Inc., dba Trendz at the Park, 100 E. Elkhorn Avenue, and it
passed unanimously.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #34-17 – AMENDING THE ESTES VALLEY DEVELOPMENT
CODE (EVDC) CHAPTER 13 §5.4 & §3-17, REGARDING OUTDOOR
MOBILE FOOD VENDORS & VENDING PERMITS. Mayor Jirsa opened the
public hearing. Planner Becker reviewed recommended changes to the EVDC
to include an Outdoor Mobile Food Vending Permit. Changes were prompted
for the following reasons, the unsatisfied need for outdoor mobile food
vendors to operate with a permit specific to the use, clear interpretation of
how and where operation would be allowed in specific zoning districts, and to
accommodate current mobile food vendor needs that are economically
beneficial to the Town and local business owners. She stated use is currently
allowed through a 1-year Temporary Use Permit and a Town business
license. Staff has contacted several businesses to obtain input on the
development of the changes to the code.
Board comments have been summarized: has staff considered simplifying the
process for short termed mobile food vending for weekend or single day
operation; the amount of local business and community input; and the
simplification of the permit renewal process.
Charlie Dickey/Town citizen questioned if local restaurants have been
contacted for interest in offering outside food service and to provide input on
the permitting of mobile vendors.
Matt Heiser/Town citizen and owner of Rock Cut Brewing Company spoke on
behalf of his business, Lumpy Ridge Brewing Co., and Elkins Distilling Co. He
stated local businesses have been in communication with staff to address
concerns with the code changes. The financial burden placed on vendors who
operate for shorter periods of time continues to be a barrier in recruiting
vendors. He added it would be feasible to create a list of standards rather
than requiring each location to be permitted.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into
record. It was moved and seconded (Walker/Norris) to continue Ordinance
#34-17 Amending the Estes Valley Development Code Chapter 13 §5.4 &
§3-17, Regarding Outdoor Mobile Food Vendors & Vending Permits to
the February 13, 2018 meeting to address annual temporary use
permitting, cost of the temporary use permit and business license,
licensing the truck and or the space, and the need for a limited duration
permit versus an annual permit, and it passed unanimously.
B. ORDINANCE #01-18 – AMENDING THE ESTES PARK MUNICIPAL CODE
CHAPTER 17.66 (SIGNS), REPLACING THE EXISTING SIGN CODE.
Mayor Jirsa opened the public hearing. Code Enforcement Officer Hardin
stated staff has been working on the amendment to the Municipal Code as it
relates to signs. She highlighted the changes to include offering special event
temporary signage through temporary use permitting. The amendment
included a section on historic and cultural signage allowing iconic signs in the
community which do not meet compliance with current standards. Anyone DRAFT5
Board of Trustees – January 23, 2018 – Page 4
who can demonstrate signage holds historic value can request review by
staff. The change would also allow more square footage and total allotment in
the community outside the CD Commercial Downtown zoning district. Off
premise signs would be allowed for businesses with more than one business
in town to allow advertisement of the other location and be limited to one per
location with size limitations. An appeal and variance process has been
developed for Board review. A new section has been added to remove
dilapidated and old signage. Staff reached out to stakeholder groups in the
community and signage companies for feedback. The Mayor closed the
public hearing. Attorney White read the Ordinance into record. It was moved
and seconded (Nelson/Holcomb) to approve Ordinance #01-18 Amending
the Estes Park Municipal Code Chapter 17.66 (Signs), and it passed
unanimously.
5. ACTION ITEMS:
1. ESTES PARK DOWNTOWN PLAN. Planner Gonzales stated staff had over 20
Downtown Plan steering meetings during the development of the plan. There has
been public input during community workshops in which staff received hundreds
of comments. Key public participation opportunities were organized by staff in
February, April and September of 2017. The 20-year vision focused on new
development and retaining the values of the community. Staff requested approval
of the plan as a long range document. Director Muhonen stated the content of
the plan is broad and crafted towards guidance and can be manipulated after
flood plain maps are available. Planner Gonzales added the plan would provide
different options, would not be regulatory and would be a conceptual guideline for
which staff anticipates changes to occur over time.
Board comments followed: questioned whether the new flood plain information
had been incorporated in the plan; questioned if the plan could wait for the flood
plain maps; and stated staff should make changes to the plan when the flood
plain maps are available.
Joanna Darden/Town citizen stated her concerns about the construction and
safety. She questioned if the structures in the plan would withstand water
damage. She requested the Board postpone approval of the plan.
It was moved and seconded (Nelson/Holcomb) to approve the Estes Park
Downtown Plan, and it passed unanimously.
2. DOWNTOWN PARKING MANAGEMENT PLAN. Director Muhonen reviewed
the Downtown Parking Plan as a subset of the Downtown Plan. The plan
addresses strategically managing downtown parking issues. In 2017, the Board
defined specific objectives to develop a parking strategy plan to include funding
options. Staff hired Kimley Horn to develop the plan. Staff held 19 public
outreach meetings in 2017 and received approximately 195 comments. Staff
proposed the adoption of the plan and authorization to purchase equipment and
hire staff to lead a new parking services division to implement Phase I. Staff
anticipates financial impacts would be recovered in future phases. Phase I
implementation costs in 2018 could be funded by reallocating approximately
$200,000 in unspent contingency funds previously allocated to the parking
structure project. Phase I would incorporate time limit modifications for 1-hour
zones and additional 3-hour zones, real-time parking availability detections in five
lots, direct message sign parking availability integration, additional enforcement,
the hiring of a parking administrator and parking performance evaluation, and an
occupancy and turnover study. Staff would review data annually and report back
to the Board.
Those speaking in support of the plan included Joanna Darden/Town citizen,
Kimberly Campbell/Town citizen, Greg Rosener/Town citizen and Art
Messal/Town citizen.DRAFT6
Board of Trustees – January 23, 2018 – Page 5
It was moved and seconded (Holcomb/Nelson) to approve the Downtown
Parking Management Plan, and it passed unanimously.
3. POLICY #206 CELL PHONE. Assistant Town Administrator Machalek presented
an update to Policy #206 which would eliminate the Town-provided cell phone
option and the annual reauthorization process and simplify allowance levels. It
was moved and seconded (Holcomb/Martchink) to approve the Policy #206
Cell Phone, and it passed unanimously.
4. AGREEMENT WITH SENIOR CITIZEN CENTER INC. The Board discussed
entering into an agreement with Senior Citizen Center Inc., to operate the current
Senior Center at 4th Street through February 28, 2018 while a final decision on
the use of the building is determined. It was moved and seconded
(Holcomb/Martchink) to approve an Agreement with Senior Citizen Center
Inc., to extend services through February 28, 2018, and it passed
unanimously.
Johanna Darden/Town Citizen stated her support of the agreement extending
services.
5. APPOINT THE MUNICIPAL COURT JUDGE INTERVIEW COMMITTEE. Mayor
Jirsa stated the interviews for the new Municipal Court Judge would be made
public and take place the week of February 26, 2018. It was moved and
seconded (Jirsa/Walker) to appoint Mayor Jirsa and Trustees Holcomb and
Walker to the Interview Committee, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:03 p.m.
Todd Jirsa, Mayor
Bunny Beers, Recording Secretary DRAFT7
Town of Estes Park, Larimer County, Colorado January 23, 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 and Rooms 202/203 in said Town of Estes Park on the
23rd day of January, 2018.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending: Mayor Jirsa, Trustees Holcomb, Martchink, Nelson, Norris
and Walker
Also Attending: Town Administrator Lancaster, Assistant Town
Administrator Machalek, Town Attorney White, and Town
Clerk Williamson
Absent:Mayor Pro Tem Koenig
Mayor Jirsa called the meeting to order at 4:00 p.m.
FIRE DISTRICT’S REQUEST TO COLLECT IMPACT FEES.
Fire Chief Wolf provided background on the impact fees and the 2016 legislation that
allows Special Districts to implement and collect the fees without a vote. The District
must receive approval from the municipality/county involved to implement the fees. If
approved, an Intergovernmental Agreement between the District, Larimer County and
the Town would be executed. The fees would provide funding for ongoing needs of the
District and the growing demand for service. The establishment of impact fees on new
development would allow the District to operate with the current mil levy of 1.95 mils.
Pinnacol Consulting Group, Inc. was hired to complete a Nexus study to establish
appropriate impact fees. Amanda Castle/Pinnacle Consulting Group, Inc. reviewed the
need for the impact fees to be directly attributable to the growth of new development,
thereby demonstrating a nexus and rough proportionality to the growths impact on the
District. The study utilized a Plan Based approach in deriving the proposed fees. A
growth projection for both residential and commercial through 2032 was used to project
further demand on service. The study proposed a fee of $784.10 for a single-family
unit, $419.10 per multi-family unit and $0.74 per square foot of commercial. Fire Chief
Wolf recommended the fees with the exception of reducing the commercial fee to $0.37
per square foot for commercial. The fees are anticipated to produce $56,482 annually
and would be implemented on April 1, 2018.
Board questions have been summarized: why implement fees over the passage of a
new mil levy; questioned the impact on the citizens if the impact fees were not
implemented; and how long would the impact fees meet the needs of the community.
Chief Wolf stated the funding raised from the impact fees would have amounted to a
percentage too small to take to the voters. The fees are also being paid by new
development causing the need for additional resources. The impact fees are estimated
to meet the needs of the community for the next 15 years; however, the fees would be
reviewed every three to five years.
FUTURE USE OF THE SENIOR CENTER BUILDING.
Facilities Manager Landkamer reviewed the three potential options being considered by
the Town Board for future use of the current Senior Center located at 220 4th Street.
8
Town Board Study Session – January 23, 2018 – Page 2
Facilities developed a list of potential general remodeling items, life safety upgrades,
kitchen upgrades, and exterior needs for each option under consideration with cost
estimates ranging from $58,000 to $378,000 depending on options selected.
Childcare Proposal
Nancy Almond/EVICS Director and Marion Stallworth/EVICS Childcare Task Force
member presented a presentation to use the current facility as a child development and
recreation center. The facility would include 3,000 square feet of licensed childcare
services for up to 40 infant/toddlers and 1,500 square feet of inclusive recreational
space. The presenters stated the project would meet the intent of the Stanley deed
restriction with the additional of the indoor/outdoor recreation space free of charge or at
a low cost. The proposal would advance a number of the Town Board’s Strategic Plan
objectives, including Robust Economy, Infrastructure, Exceptional Guest Services,
Public Safety, Health, and Environment, and Outstanding Community Service. The
facility would be renovated by the provider at an estimated cost of $70,000 to meet
licensing requirements, and all operational costs would be the sole responsibility of the
provider. EVICS would request the Town lease the facility for $1 per year to the
provider to reduce the operating costs of the facility.
Senior Center Proposal
Betty Hull/Finance Director Senior Citizen Center Inc. and Nancy Hire/President Senior
Citizen Center Inc. presented a proposal for a multi-year lease at $1 per year to
continue providing senior services at the location. The new Community Center would
offer classes and trips and would not be an actual Senior Center providing a relaxing
area for seniors to gather, socialize, enjoy lunch, watch tv, do art projects, and play their
favorite games. The continued use of the building as a Senior Center would advance
the Town’s unfulfilled 2017 Strategic Plan to have an actual center, not merely senior
programming at the Community Center, and would meet the restrictive covenants on
the Stanley property. The organization would be responsible for the ongoing
operational expenses of the facility. The proposal would meet the needs of the
community and provide needed services. They further requested the Town allow Senior
Citizens Center Inc. to operate the Senior Center while a decision on the future use of
the building continues to be evaluated.
Trustee questions have been summarized: questioned if the overall senior population
would be supportive of the proposal to have two functioning centers in Town;
questioned how the services at the two centers would be different; and a number of
comments have been heard on seniors not wanting to be around kids, germs, loud
noises, etc. at the Community Center yet the current Senior Center has no age limits
and has encouraged members to bring their younger family members to the center.
Museum Proposal
Museum Director Fortini reviewed a proposal to utilize the facility for temporary storage
of the Museum’s collection currently stored at the Light and Power warehouse on Elm
Road. The warehouse does not provide the appropriate environment (light,
temperature, humidity and pest control) to properly preserve the artifacts for posterity.
The removal of the collection would also allow Light and Power to fully utilize their
warehouse storage space needed for in-house construction and reduce its annual
expenses, a benefit to its customers and the Town. The move would provide a facility
that not only improves the environment for the storage of the artifacts but provides staff
a space to offer higher quality services to the public and basic resources to care for
artifacts. The temporary housing of artifacts would allow the Estes Park Museum
Friends and Foundation additional time to raise funds to build the permanent storage
and research center. The collection building would advance the Town Board’s Strategic
Plan objectives of Infrastructure, Public Safety, Health, and Environment, and
Governmental Services and Internal Support. Staff anticipates the building being
utilized for five to seven years as temporary storage. The cost to convert the building
has not been budgeted in 2018.
9
Town Board Study Session – January 23, 2018 – Page 3
Children’s Museum Proposal
Doyle Baker presented a concept for a Children’s Museum at the existing Senior Center
site. The museum would address a major gap in Estes valley and provide parents,
grandparents and other care givers options for providing young children with
entertaining and learning experiences. Establishing the museum next to the Estes Park
Museum would be a logical and invaluable complement to the existing museum. The
mission of the Children’s Museum would be to inspire learning and growth, strengthen
social and cognitive skills, and connect young people and community through hands-on
exhibits and other interactive activities. As this proposal has not been fully developed,
the management and oversight of the facility has not been established; however, it
could be overseen by the current museum staff or a separate management board could
run the operations. Funding for the museum would require a combination of crowd
sourcing, grants and sponsorships. The museum would start small and operate on a
fee basis. The museum would not be prepared to open for a number of months or
maybe not until 2019.
Board discussion followed at the end of the presentations and has been summarized:
the Board needs to discuss the Friday closure of the current Senior Center; be prepared
to take action at the February 13, 2018 meeting; further clarification would be needed
on the deed restriction prior to the meeting; the final childcare survey results should be
reviewed; costs of each proposal should be considered; the Senior Center should
remain open until a final decision has been made; clarity on the use of the Community
Center; and a second opinion on the deed may be needed. The Board requested an
Executive Session prior to the Town Board meeting to discuss the deed further.
The Mayor called a break at 6:08 p.m. and reconvened the meeting at 6:25 p.m. in
Rooms 202/203 to complete the meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
Administrator Lancaster reviewed the plan to fill the Municipal Court Judge position in
March with the resignation of Judge Gary Brown in April. Mayor Jirsa and Trustees
Holcomb and Walker would serve on the interview panel.
Town Clerk Williamson stated the Town received two applications, both incumbents, for
the two openings on the Board of Adjustment. Staff supports the reappointment of the
two members and requested foregoing the interview process. The Board agreed to
bring the two appointments forward for consideration at the next Board meeting.
Community Development continues to develop the definition of workforce housing and
who would qualify; i.e. income level, definition of employment, etc. The Estes Park
Housing Authority would be used to qualify individuals.
FUTURE STUDY SESSION AGENDA ITEMS
Administrator Lancaster requested the Board consider discussing the 2018 Street
Improvement Plan at the February 27, 2018 study session. The Rocky Mountain
Performing Art Center would like to present the option of moving back to the
Fairgrounds at the March 13, 2018 meeting. The Board agreed to add both discussion
items.
There being no further business, Mayor Jirsa adjourned the meeting at 6:44 p.m.
Jackie Williamson, Town Clerk
10
Town of Estes Park, Larimer County, Colorado, January 25, 2018
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on
the 25th day of January, 2018.
Committee: Chair Walker, Trustees Holcomb and Norris
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Directors Hinkle, Hunt, and Fortini, and Recording
Secretary Disney
Absent: None
Chair Walker called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
CULTURAL SERVICES.
RECOMMENDATIONS TO THE TOWN BOARD.
None.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Trustee Norris asked if Director Fortini received any questions or comments regarding
his report at the Town Board Study Session on January 23, 2018 concerning the future
use of the Senior Center at 220 4th Street. Director Fortini noted he has not received
any comments. Trustee Walker inquired about the deep cleaning process the Museum
is undertaking on the permanent exhibit. Director Fortini stated it is slow detailed work
which was previously overlooked, an annual cleaning would be done in the future.
COMMUNITY SERVICES.
RECOMMENDATIONS TO THE TOWN BOARD.
None.
REPORTS (Information Only).
Reports provided for informational purposes and made a part of the proceedings.
x Monthly Sales Report.
x Visitor Center Quarterly Report.
x Events Report.
Trustee Walker questioned if the Town was providing enough support for Community
Services and where more support would be useful. Director Hinkle acknowledged his
department has received needed support with the continued growth. Trustee Walker
requested an economic impact report be completed to illustrate any changes that might
occur after the Event Center Walking is discontinued on March 16, 2018.
Trustee Norris requested additional information regarding the new video people
counters at the Visitor Center. Director Hinkle explained how the old counters were not
providing an accurate count of people entering the Visitor Center, the video people
counters are 95-98% accurate. A true count of foot traffic in the Visitor Center would not
be ascertained until data could be collected over a number of years.
11
Community Development / Community Services – January 25, 2018 – Page 2
Trustee Holcomb inquired about full use of the Event Center. Director Hinkle mentioned
the Event Center continues to be mostly used for weekend events with few weekends
available, this is considered a good use of the facility. Administrator Lancaster noted
event centers, in general, are not a money-making endeavor. It is a useful resource for
tourism and revenue in the town.
COMMUNITY DEVELOPMENT
RECOMMENDATIONS TO THE TOWN BOARD.
Fee Waiver Request – 2090 Arapaho Rd. Plan Review & Building Permit fees. John
Majeski, on behalf of Mesa Builders requested a waiver of the Building Division fees for
a deck addition to an existing house, due to a delay in plan review and timely
responses. Director Hunt noted this request does not need to be recommended to the
Town Board, as the fee amount does not meet the $3,000 minimum outlined in Policy
402. The delay of two months was due to staff absences over the holidays, resubmitted
plans, and delays on the part of the applicant. Director Hunt stated though the issuance
of the building permit took more time than normal, this was not an inordinate amount of
time. Additionally, the criteria for a fee waiver, per Policy 402, would not be met in this
case.
Assistant Town Administrator Machalek explained the background on Policy 402, and
the previous direction from the Town Board to not habitually waive fees in Community
Development. Strict criteria were added to the policy, whereupon fees could be waived
if tied to publicly funded industries, low income health and human services, or attainable
workforce. Trustee Norris questioned if the applicant acknowledged specific reasons to
waive the fees though his request did not fit the criteria. Director Hunt replied no
additional reasons were given.
Assistant Town Administrator Machalek explained Community Development staff does
not have discretion on which fee waiver requests should be brought to the Committee.
An amendment to the policy could be made so the Committee would only see fee
waiver requests which fit the criteria. An additional revision would allow the Community
Development Director discretion on fee waivers up to $500, to better provide customer
service.
The Committee recommended Policy 402 be revised to include the above-
mentioned amendments as a consent item at the February 13, 2018, Town Board
Meeting and denied the Fee Waiver Request.
There being no further business, Chair Walker adjourned the meeting at 8:22 a.m.
___________________________
Kimberly Disney, Recording Secretary
12
Town of Estes Park, Larimer County, Colorado, January 4, 2018
Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of
Estes Park on the 4th day of January, 2018.
Present: Bin Greer
Courtney Hill
Jodi Roman
Karen Randinitis
Laurie Dale-Marshall
Rachel Balduzzi
Sue Strom
Also Present: Travis Machalek, Assistant Town Administrator
Suzanna Simpson, Administration Executive Assistant
Ron Norris, Town Board Trustee
Jon Landkamer, Town of Estes Park Facilities Manager
Jon Nicholas, Estes Park Economic Development Corporation
Ryan Nevius, Montessori School
Absent: Marion Stallworth
Nancy Almond
John Bryant
Maria Jimenez
Chair Greer started the meeting at 3:32 p.m.
Public Comment
None
Museum Proposal for Senior Center
Director Fortini briefed the board on the history of museum storage issues. As such, the
Museum is submitting a proposal for moving collections into the current Senior Center
building. There are 30,000 artifacts in total, and this move would also add room for
research, processing, and office space. The Master Plan was approved in 2012 for entire
museum operation and is available to view. There would be minimal modifications
needed, and the Town would need to cover the expense for the needed repairs and
modifications. The other benefit to the Town for this proposal is that collections are
currently being stored in a Light & Power storage facility that is not temperature
controlled and lacks other environmental controls. Light & Power also needs the space
for equipment storage as they have begun doing most of their construction projects in-
house. If they are not able to reclaim their space, they would need to explore a new site
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Family Advisory Board – January 4, 2018 – Page 2
or construct a new building. Assistant Town Administrator Machalek provided an update
of how this will be presented to the Town Board. Presentations will be made by all three
interested groups (Museum, Estes Park Senior Citizens Center, Inc., and the Childcare
Task Force) on Jan. 23 at the Study Session. The topic will be a board action item at a
February Town Board meeting. Chair Greer asked Director Fortini if shared space was a
possibility. Director Fortini replied that the Museum is currently operating in space that
is less than ideal for operations and the additional space would bring them up to
professional museum standard. The area also needs to be secured in order to protect
fragile artifacts and collections, so it is not likely that shared space would be a viable
option. The final component that he is hoping to add is an oral history recording studio
which would be available to the public as an additional service by the Museum.
Approval of December minutes
It was moved and seconded (Randinitis/Marshall) to approve the December, 2017
meeting minutes with corrections to the date and location in the header and the motion
passed unanimously.
Trustee Liaison Update
The Town’s Public Information Office issued communications on the Family Advisory
Board resource guide. Assistant Town Administrator Machalek will bring the proposed
focus area update (childcare) to the Town Board for consideration at the next Town
Board meeting. Trustee Norris also provided a brief update on the April election. There
are three positions up for election.
Member Randinitis asked about who the board or public could contact for changes to
the resource guide. Provided that Public Information Officer Rusch approved, Suzanna
Simpson’s name could be added as the contact.
Vice-Chair Position
Vice-Chair Stallworth has offered to step down from her position since she hasn’t been
able to attend many meetings and her term is up in April. The board decided that they
would like to retain her as Vice-Chair and they feel she brings value to the board in her
current capacity.
Childcare Focus Area
The Town Board will consider a change to the Family Advisory Board’s focus area,
revising it to “Child care.” There will be an opportunity for public comment during
action item. The Childcare Needs Assessment is expected to be ready by the next
meeting. Jon Nicholas stated that the EDC Childcare Committee was formed specifically
to put the Needs Assessment together and will evaluate what the group’s role is once
that is complete. He recommends a discussion on how to combine efforts and avoid
duplication. Assistant Town Administrator Machalek offered to pull together members
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Family Advisory Board – January 4, 2018 – Page 3
from all groups working on childcare issues to have a separate meeting. Member
Marshall would like to be sure the community has all of this information when
discussions begin. She also provided an update from the Childcare Task Force which is
currently writing the proposal for use of the current Senior Center building. They have
received Letters of Interest from two qualified providers so far. The deadline for
submissions was extended to Jan. 10.
Next Meeting
The next meeting of the Family Advisory Board will take place Thursday, Feb. 1, at 3:30
p.m. in Room 203 at Town Hall.
Seeing no further business, Chair Greer adjourned the meeting at 4:35 p.m.
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16
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Attorney White
Director Bergsten
Finance Director Hudson
Superintendent Eshelman
Date: February 13, 2018
RE: Amendment to Water System Transfer Agreement with Park Entrance
Mutual Pipeline Water Company
Objective:
To obtain Board approval of the proposed modifications to the Water System Transfer
Agreement with Park Entrance Mutual Pipeline Water Company (PEMPWCo).
Present Situation:
In April, 2015, the Town entered into a Memorandum of Understanding (MOU) with
PEMPWCo to begin the process for the reconstruction and devolution of the PEMPWCo
water distribution system to the Town. In August, 2016, the Town entered into the
voluntary Water System Transfer Agreement (WSTA) with PEMPWCo setting forth the
responsibilities for the replacement of the system and the transfer of the system to the
Town. Copies of the MOU and the WSTA, together with the Town Board memos and
selected text from the meeting minutes, are attached hereto for reference.
The WSTA is being modified to reflect that the Town will provide interim construction
financing and will be taking ownership of the water system prior to construction as
required by Bond Counsel.
Proposal:
Staff proposes that we continue to move forward with the execution of this replacement
agreement for the project.
Advantages:
This project supports the Town’s mission to provide high-quality, reliable services for the
benefit of our citizens while being good stewards of public resources. All project funding
obligations will be covered by the PEMPWCo owners.
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Disadvantages:
Staff work load will increase; however, hours and costs will be logged and included for
reimbursement through the project.
Action Recommended:
Staff recommends the Town Board approve the execution of the attached agreement
with PEMPWCo.
Finance/Resource Impact:
All project related costs will be funded by PEMPWCo members. The Utilities budget will
provide payments with reimbursement from USDA financing when construction is
completed.
Level of Public Interest
Moderate. Other neighborhoods are looking to follow this same process. Those
neighborhoods are located in the County and would be processed with the County’s
help.
Sample Motion:
I move for the approval of the proposed agreement.
Attachments:
•Memorandum of Understanding dated April 14, 2015
•TB Memo dated April 14, 2015
•Segment of TB meeting minutes from April 14, 2015
•Water System Transfer Agreement dated August 23, 2016
•TB Memo dated August 23, 2016
•Segment of TB meeting minutes from August 23, 2016
•Draft of the 2018 Water System Transfer Agreement
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is dated this _tl_ day of A::p ri I
2015 by and between the Town of Estes Park (the "Town") and the Park Entrance
Mutual Pipeline and Water Company (the 'Water Company").
WHERAS, the Town owns and operates its Water Utility; and
WHEREAS, the Water Company owns the distribution system which provides
water to a portion of the Park Entrance Estates Subdivision located within the Town;
and
WHEREAS, the Water Company is receiving potable drinking water from the
Town as a bulk water customer; and
WHEREAS, the Water Company's distribution system is in bad repair and needs
replacement; and
WHEREAS, the parties have determined to seek grant funding for professional
planning and engineering services related to the distribution system; forming a Special
Improvement District pursuant to Colorado statutes; applying for and receiving a loan
from the Colorado Water Resources and Power Development Authority to install a new
distribution system; and transferring the new distribution system to the Town; and
WHEREAS, the parties agree to the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises
stated herein, the parties agree as follows:
1.Attached hereto and incorporated herein by reference as Exhibit A, is the SRF
Future State Application Steps which provides an illustration of the steps needed to
apply and receive a loan from Colorado Resources and Power Development Authority
(the "Authority"). This MOU is divided into two parts. Phase 1 states the terms and
conditions necessary to complete all the tasks through the Process Design Report.
Phase 2 starts with the Plans and Specifications and continues through the loan
application, approval; and construction of the new distribution system.
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PHASE 1
A.DOLA Grant. The Water Company has requested that the Town act as a
sponsor and recipient, on its behalf, for an administrative grant from the Colorado
Department of Local Affairs (DOLA) for the purpose of obtaining professional planning
and engineering services related to the State Drinking Water Revolving Fund
application and design of the new distribution system. With regard to the obtaining and
administration of this administrative grant, the parties agree as follows:
i.The Town will administer and oversee professional engineering services
on behalf of the Water Company to obtain a drinking water Project Needs
Assessment and Technical, Environmental Determination and Managerial,
Financial (TMF) report ("Phase 1 Report") meeting requirements of the Colorado
Department of Public Health and Environment and in accordance with the DOLA
grant contract.
ii.The current estimate for the cost of Phase I is $36,000. The
administrative grant requires a 1 :1 match by the Town as grantee. The Water
Company shall initially deposit $18,000 to the Town to be used as matching
funds for the administrative grant and reimbursement for Town expenses. Town
expenses shall include in-house costs and outside consulting costs. It is
unknown whether the $18,000 deposit will be sufficient to complete all the work
necessary to acquire the loan. The Water Company agrees to deposit with the
Town additional funds, within sixty (60) days of receipt of written notice from the
Town, of the need to deposit additional funds for reimbursement to the Town for
Phase I. The Town may suspend any activities of the Town until such time as
funds have been deposited by the Water Company.
iii.No third party professional planning and engineering services will begin
until the fully executed grant contract has been received and approved by the
Town.
iv.The Town will maintain accounting records of the grant in accordance with
the Town's and DOLA's procedures.
v.The Town will disburse Water Company's funds and DOLA's grant funds
to pay for Phase 1 in a 50/50 manner.
vi.Any funds remaining at the end of the project will be returned 50% to
Water Company and 50% to DOLA.
vii.The Water Company shall deposit the initial sum of $18,000 with the Town
within 30 days of notice from DOLA of its approval of the administrative grant.
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viii.The Town shall consult with the Water Company in the review of all
proposals and selection of the professional engineering firm.
ix.The Town shall contract with the selected firm for Phase I and be
responsible for administration of the contract.
x.Upon receipt of the Phase 1 Report, the parties shall review the report,
and the Water Company shall determine whether or not to move forward with the
Plans and Specifications.
xi.Upon receipt of the Plans and Specifications, the Water Company shall
determine whether or not to move forward with the formation of the SID to fund
construction, and operation of a new distribution system ("Phase 2") by written
notice to the Town.
B.In the event that the grant is not received by the Town, the parties agree
to either amend this MOU or either party may terminate this MOU by written notice to
the other party.
PHASE 2
1.Phase 2 shall consist of all tasks required to submit the loan application to the
Authority, form the SID, obtain loan approval, and construct the new distribution system.
A.The parties have determined that funding currently exists through the
EPA's Clean Water State Revolving Fund administered through the Authority. The
parties have determined that to provide funds for construction of the new system, the
appropriate method is to form a special improvement district (SID) pursuant to the
applicable state statutes. This process is as follows:
i.The Water Company shall be responsible for filing with the Town the
necessary petition and documentation requesting the formation of the SID.
ii.The Town shall process the petition for the formation of the SID pursuant
to the state statutes.
iii.The formation of the SID will require an election by the property owners
within the boundaries of the SID.
iv.The parties contemplate having this election at the regular Town municipal
election in April of 2016.
v.The Town shall be responsible for holding the election for the formation of
the SID including all necessary publications, election judges, and
administrative duties.
vi.Upon approval of the formation of the SID at this election, the Town shall
proceed to form the SID.
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vii.The SID shall proceed to secure funding through the Authority's process
for the construction the new distribution system.
B.In the event that the loan is not approved and received by the SID, or the
SID is unable to procure alternate funding, this MOU shall terminate.
2.Upon receipt of the approval of the funding from the Authority, the SID shall
proceed to obtain services for competitive bidding of the construction project. The SID
shall contract with the selected construction firm for construction of the new system.
The SID shall consult with the Water Company during the construction process.
3.Upon payment in full of all obligations of the SID, the SID shall be dissolved and
the Water Company shall transfer the entire water distribution system to the Town to
become part of the Town's water utility system.
4.The Town shall be responsible for the operation and maintenance of the new
water system between the acceptance of the system by the Town and transfer of the
new system to the Town as set forth in Paragraph 3 above.
5.It is understood by the parties, that construction of the new system may include
the need to obtain easements from property owners within the SID area. The Water
Company shall be responsible for obtaining and providing easements to the Town for
the location and installation of the system on private property.
6.The Water Company shall be responsible for reimbursing the Town for all its
administrative, legal, including bond attorney if applicable, and any other costs incurred
by the Town in performing its duties and responsibilities pursuant to this MOU.
7.The Town shall provide the Water Company with periodic reports of all expenses
incurred by the Town.
8.Currently, there is a water storage tank owned by the Water Company on Lot 26
of the Park Entrance Estate Subdivision. The parties understand and agree that the
Town is not interested in, nor will accept, any responsibility for the water storage tank.
9.The Water Company shall be responsible for all of its old water distribution
system.
10.Water Development Charges. The parties understand and agree that all lots
within the SID have been credited with the appropriate amount of the bulk water rate
surcharge entitling all current lots receiving water service from the Water Company to
have fulfilled the financial requirement for a water tap fee for an individual customer of
the Town except for the vacant Lot 128 in the Park Entrance Estates. Future
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connection to the Town's water system for service to Lot 128 shall require payment of
the Town's then current water development fee (tap fee).
11 . Attached and incorporated herein by reference as Exhibit B is a proposed
timeline. The parties understand and agree this is a preliminary timeline, and this
timeline shall be modified by the Town if necessary.
Signed by the parties the 14 ... "day of fW�<-
Town of Estes Park
I 2015,
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EXHIBIT A
SRF future state application steps
Ellglblllty Survey l
Pre-Quallflcatlon Form
Pre-Application Meeting
l
Qualifies to apply SRF loan program
l
Project Needs
Assessment
(PNA)
Environmental Determination
Technical,
Managerial, Flnanclal (TMF)*
&COLORADO
Phase 1
--Public Meeting
Environmental Resolution
............. ! .............. : Preliminary i i Effluent Limits :i (PELs) ! : ............ * ............. : r············ ············-= i Site Application i L ........... J ........... J.............. . ............. i Process Design i i Report (PDR) i . . : ............. , ............. :w
Plans and
Specifications
(may submit with loan application)
--
Project obtains approvals
-PNA
-TMF*
-Public meeting
-Environmentalresolution
-Divisionaccepts design
Phase 2
Loan Application 1
Loan Approval
l
Loan Execution
l
Owner bids project .I.
Construction
begins
, ...........................: Plans and : ': Specifications i . .. ............................
! . : Design submlttals i L ...................................... J Issued after review or PNA and amount TBD based on project scope. *TMF required for drinking water projects only.
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EXHIBIT B, DRAFT SCHEDULE
Introductory Presentation/Project Charter 5/4/2015
Phase 1 Preliminary Application and loan requirements (pre-Details and Design) 2/12/2016
Phase 2
Formation of Special Improvement District (SID), Title 31, article 25, part 5,
C.R.S.4/5/2016
Election, SID 4/5/2016
Loan Drinking Water Revolving Fund 8/10/2016
Construction 12/15/2016
Project Closeout 2/16/2017
Maintenance by Town, Ownership by SID until loan is paid off? 2/16/2037
Ownership transfer (deeded) from SID to Town {when bond is paid off) 2/17/2037
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Budget:
N/A
Level of Public Interest:
Moderate. Other neighborhoods are looking to do this same thing. Those
neighborhoods are located in the County and would be processed through the County.
Recommended Motion:
I move for the approval of the Town of Estes Park entering into a joint venture with Park
Entrance Mutual Pipeline and Water Company and executing the Memorandum of
Understanding with PEMPWCo.
Attachments:
Memorandum of Understanding
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D
TOWN or £S1,ES P.ARI<__ Memo
To:
From:
Date:
RE:
Objective:
Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
Reuben Bergsten, Utilities Director and
Jeff Boles, Water Superintendent
August23,2016
Park Entrance Mutual Pipeline & Water Co.
Voluntary Water System Transfer Agreement
UTILITIES
To obtain Town Board approval of the Voluntary Water System Transfer Agreement
with Park Entrance Mutual Pipeline & Water Company (PEMPWCo ).
Present Situation:
To improve the quality, reliability and efficiency of delivering drinking water to our
citizens, the Town and PEMPWCo entered into an MOU on April 14, 2015.
Since that time the preliminary engineering and environmental reports have been
completed. PEMPWCo met on July 5th , 2016 and approved proceeding with the project
by a 78% vote.
At the time of writing this memo the agreement has not been signed by PEMPWCo;
however, we anticipate it will have been signed before it is presented to the Town
Board.
Proposal:
To solidify the arrangement, we request the Town Board approve the attached
agreement with PEMPWCo.
Advantages:
This project supports the Town's mission to provide high-quality, reliable services for the
benefit of our citizens while being good stewards of public resources. All project funding
obligations will be covered by the PEMPWCo owners.
Disadvantages:
Staff work load will increase; however, hours and costs will be logged and included for
reimbursement through the project.
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Action Recommen ded:
Staff recommends approval of the agreement.
Budget:
All project related costs will be funded by PEMPWCo members. The Utilities budget will
provide payments with reimbursements to follow. We expect the lag in reimbursements
to be within a two to three month window.
Level of Public Interest
Moderate. Other neighborhoods are looking to follow this same process. Those
neighborhoods are located in the County and would be processed with the County's
help.
Sample Motion:
I move to approve proposed agreement.
Attachments:
Voluntary Water System Transfer Agreement
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WATER SYSTEM TRANSFER AGREEMENT
This WATER SYSTEM TRANSFER AGREEMENT is entered into this ____ day of
____________, 2018, between the Town of Estes Park (the “Town”) and the Park Entrance
Mutual Pipeline and Water Company (the “Company”) collectively (the “Parties”).
WHERAS, the Town, through its Water Enterprise, operates and maintains a
municipal water system within the Town of Estes Park and surrounding areas for the
distribution of treated water; and
WHEREAS, the Company owns the water distribution system (the “System”) located
in the Park Entrance Estates, Block 1 neighborhood; and
WHEREAS, the Town provides treated water to the Company as a bulk water
customer; and
WHEREAS, the Parties have determined the need to replace the System to provide
improved water quality, pressure and fire flow volume, and meet Town standards and
requirements for water distribution systems; and
WHEREAS, the Parties entered into the Water System Transfer Agreement (the
“First Agreement”) effective August 23, 2016 setting forth responsibilities for the
replacement of the System and the transfer of the System to the Town; and
WHEREAS, since the execution of the First Agreement, the Parties have determined
to move in a different direction for the replacement of the System and transfer of the
System to the Town; and
WHEREAS, this Agreement is a complete replacement of the First Agreement; and
WHEREAS, engineering and environmental reports have been completed and
approved by the Parties for the replacement of the System (the “Project”); and
WHEREAS, the Town has incurred approximately $75,000 in expenses to date in
the furtherance of the Project; and
WHEREAS, to finance the cost of the Project, the Company requested that the Town
apply for Project financing; and
WHEREAS, the Town has applied for and received preliminary approval of a loan
and grant administered by the Rural Utility Service (RUS) by USDA Rural Development
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(the “Agency”) dated August 11, 2016, as amended by the letter dated October 13, 2016
(the “Letter”) which sets forth the terms and requirements of said financing; and
WHEREAS, as part of the financing for Project, the Town has agreed to bid and
award a contract to the successful bidder for construction of the Project by the Town; and
WHEREAS, the Town shall be responsible for providing interim funding for the
Project costs set forth in Section I, 3. of the Letter through the Town’s Water Enterprise;
and
WHEREAS, all of the Town’s expenses for the development and execution of the
Project including administration/legal, construction, contingencies, engineering fees, lab
services, and interest will be paid as set forth in Section II of the Letter; and
WHEREAS, the Town solicited bids for the Project in July of 2017 but received no
bids for construction of the Project; and
WHEREAS, the Parties have agreed that the Town shall rebid the Project; and if the
Town determines that a bidder has met all the requirements set forth in the bid documents,
the Town shall proceed to award a contract for construction of the Project; and
WHEREAS, in order for the Town to provide interim financing and enter into a
construction contract, the Company shall transfer the System to the Town prior to awarding
of the contract; and
WHEREAS, the parties desire to set forth the terms and conditions of each party’s
responsibilities and obligations for the Project in this Agreement.
NOW , THEREFORE, the parties agree to the terms and conditions as set forth
herein.
Section 1, Project Financing and Costs
A.The estimated cost of the Project is set forth in Section I, 3. of the Letter attached
hereto as Exhibit A. The terms and conditions of the Letter have been accepted by the
Parties and form the basis for the terms and conditions of this Agreement.
B.Unless this Agreement is terminated as set forth herein, the Town and the Company
shall be responsible for the tasks and responsibilities of each Party as set forth in the
Letter.
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C.Cost of the Project. The cost of the Project based upon the preliminary engineering
report is estimated to be $1,223,000 (see Section I, 3. of the Letter). Revenues available
for payment of the cost of the Project are more fully set forth in Section I, 2. of the Letter.
As set forth in the Letter, Project funding shall be used in the sequence as set forth in
Section II, 8. of the Letter.
Section 2, Bidding
A.Following execution of this Agreement, the Town will rebid the Project. The Town
may, in its sole discretion, award a construction contract for the bid accepted by the Town.
In the event the Town determines, in its sole discretion, that none of the bids meet the
terms and conditions of this Agreement, the Parties agree to discuss whether to continue
with the Project. If the Parties want to continue with the Project, the Parties shall amend
this Agreement to reflect the decision. In the event that the Parties do not reach
agreement, this Agreement shall automatically terminate and be null and void. The Parties
shall have 90 days from written notice by the Town to the Company that the Town has not
accepted a bid for the construction of the Project to meet and determine whether or not to
amend this Agreement.
B.In the event that the Parties determine not to move forward as set forth in sub-
section A. above, the Company shall be responsible for reimbursing the Town for all
expenses incurred by the Town in pursuing the Project including, but not limited to, legal
and administrative costs, costs for bidding, and all miscellaneous costs attributable to the
Project. The Town shall amortize the amount monthly over a one-year (1) period and add
the appropriate sum to the Monthly Bulk Water Surcharge to the Company.
Section 3, Construction
Following receipt of an acceptable bid and subject to the requirements of Section IV of the
Letter, the Town shall enter into a contract with the successful bidder for construction of the
Project. The construction cost of the Project in the accepted bid shall not exceed
$1,175,600 without prior written approval of the Company and the Agency. If the
Company or the Agency does not accept the increased construction cost in the bid, this
Agreement shall terminate. Upon the execution of the appropriate construction contract
with the Town, the Project shall be constructed according to the Contract Documents.
Section 4, Water System Transfer
A. Transfer. The Company shall transfer the System, including all System right-of-
ways and easements, to the Town free and clear of all liens and encumbrances by an
appropriate Bill of Sale within ten (10) days of receipt of Notice to Transfer from the Town.
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Transfer shall occur prior to the Town awarding the construction contract for the Project.
Upon transfer of the System, the Town shall be responsible for operation and maintenance
of the System.
B.Upon transfer of the System, all Company customers shall become Town of Estes
Park water customers. The Town shall install new water meters for each individual water
service. Upon installation of the water meter, each customer shall be billed individually by
the Town for water service.
C.As part of the Project, each individual lot will have a separate connection into the
new water main. Project design and construction of private service lines is limited to the
physical water main connection to the private property lot line. A new valve will be installed
at each property line. As indicated in the Town’s standards, each service line is owned and
maintained by the property owner including the physical connection into the water main.
D.Abandoned Assets. There may be abandoned assets currently owned by the
Company or assets abandoned after construction of the Project. The Parties understand
and agree that the Town will not accept responsibility or ownership of those assets, and
said assets shall remain the responsibility of the Company.
E.System Development Fee Credit. The Parties understand and agree that all lots
currently receiving service from the Company have been credited with the appropriate
amount of the bulk water rate surcharge entitling these lots to the Town’s residential
connection fee (aka the system development and water rights fees) and no fees are due
and owing from any current customer.
F.Future Connection Fees. If and when any existing vacant lots and/or future vacant
lots in the subdivision process are developed, those property owners must connect to the
Town’s water system and pay the Town’s then current connection fees. At the time their
new water service begins they will also be charged the project’s cost recovery rate. At that
time the Town will review the project cost recovery rate and determine if a rate reduction is
warranted or if the additional funds will be used for early loan payoff.
G.Project Surcharge. Upon completion of the Project and dispersal from the Agency of
all Project funding, the Town shall determine the cost of construction of the Project
including legal and administrative costs of the Town, engineering, and miscellaneous costs
attributable to the construction and administration of the Project. The Town shall issue a
revenue bond pursuant to Section II, 5. of the Letter to secure funding from the Agency.
The Town shall collect from each individual customer its pro-rata share of the costs set
forth in the revenue bond including the required debt service funding and all costs incurred
35
by the Town not reimbursed by the Agency. The Town shall determine the monthly amount
due from each customer to amortize the total cost (the “Surcharge”). The Surcharge shall
be billed monthly along with the Town’s published water service rates adopted by the Town
from time to time.
Section 5, Additional Terms and Conditions
A.Additional Documents or Action. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
B.Integration and Amendment. This Agreement represents the entire agreement
between the Parties and there are no oral or collateral agreements or understandings
between the Parties with respect to the operation and maintenance of the System. Only
an instrument in writing signed by all Parties may amend this Agreement. If any provision
of this Agreement is held to be invalid or unenforceable, no other provision shall be affected
by such holding, and all of the remaining provisions of this Agreement shall continue in full
force and effect.
C.Governing Law. The laws of the State of Colorado shall govern this Agreement.
D.Binding Effect. This Agreement shall accrue to the benefit of, and be binding upon,
the parties, and their respective legal representatives, successors, and assigns; provided,
however, that nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise specifically authorized in this Agreement. The Parties shall
execute a Memorandum of Agreement, and the Town shall record the Memorandum of
Agreement in the Clerk and Recorder’s Office of Larimer County, Colorado to provide any
future owner of properties within the subdivision notice of the terms and conditions of this
Agreement.
E.Time is of the Essence. The Parties acknowledge that time is of the essence, and
agree to fully and promptly cooperate in order to secure funding.
F.Notice. Any and all notices or any other communication herein required or permitted
shall be deemed to have been given when personally delivered or deposited in the United
States postal service as regular mail, postage prepaid, and addressed as follows or to such
other person or address as a party may designate in writing to the other party:
Town of Estes Park
Attn: Town Administrator
P O Box 1200
Estes Park, CO 80517
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Park Entrance Mutual Pipeline & Water Company
Attn: President
740 Meadow Cir.
Estes Park, CO 805170
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date first set forth above.
TOWN OF ESTES PARK PARK ENTRANCE MUTUAL PIPELINE
& WATER COMPANY
By:______________________________ By:______________________________
Title: Mayor Title: President
Name: Todd Jirsa Name: Fred Engelman, Jr.
ATTEST
By:______________________________
ATTEST
By:______________________________
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EXHIBIT A1
[Agency Letter dated 8-11-16]
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Exhibit A1 to 2018 Water System Transfer Agreement
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EXHIBIT A2
[Agency Letter dated 10-13-16]
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Exhibit A2 to 2018 Water System Transfer Agreement
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Date: February 13, 2018
RE: Revised Policy 402 Community Development Fee Waiver
Objective:
Town Board approval of a revision to Policy 402 – Community Development Fee Waiver
Policy.
Present Situation:
A recent Community Development fee waiver request highlighted two flaws in our
existing Fee Waiver Policy (Policy 402).
First, the existing policy requires all fee waiver requests (including those that do not
meet established criteria) to go to Community Development/Community Services
Committee (CD/CS) or Town Board. Processing and hearing fee waiver requests that
do not meet established criteria is not a good use of Trustee time, applicant time, or
staff time.
Second, there is no flexibility in the existing policy to allow the Community Development
Director to waive fees for customer service reasons (e.g. if there was an unreasonable
delay in community development that put the project behind schedule). Staff believes
that granting the Community Development Director the authority to waive up to $500 in
fees would provide the department with a valuable customer service tool.
Proposal:
The proposed policy prevents fee waiver requests that do not meet established criteria
from being brought forward to the Community Development/Community Services
Committee and/or the Town Board. Additionally, the policy enables the Community
Development Director to waive up to $500 in Community Development Department fees
at his/her sole discretion.
Advantages:
Ensures that only qualifying requests are heard by Town Board and CD/CS.
Allows for the Community Development Director to waive fees up to $500 for
customer service reasons.
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Disadvantages:
Not all fee waiver requests above $500 will be heard by CD/CS and/or Town
Board.
Action Recommended:
Staff recommends approval of the revision to Policy 402.
Finance/Resource Impact:
Staff continues to balance the desire to recover the cost of providing planning/building
services with the need to support community priorities and initiatives (publicly-funded
construction, low-income health and human services, and both attainable and workforce
housing). The revised policy continues to strike this balance.
Level of Public Interest
Low
Sample Motion:
Consent Item
Attachments:
Revised Policy 402
Existing Policy 402
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Document Title Policy 402 – Fee Waiver
Revisions: 1 Town of Estes Park, Community Development
Effective Period: Until Superseded
Review Schedule: Biennially
Effective Date: February 13, 2018
References: n/a
COMMUNITY DEVELOPMENT
402
Fee Waiver
1. PURPOSE
To establish a uniform policy for waiver of Community Development fees in support of
essential community needs.
2. POLICY
It is the policy of the Town Board of Trustees to support essential community needs such
as attainable and workforce housing, assisted living, and health care services through
consideration of waiving in-house fees assessed by the Community Development
Department. The Estes Valley Comprehensive Plan is used as a guide in identifying these
community needs.
3. PROCEDURE
a. Eligible Entities
The following entities may be exempted from some or all Community Development
Department fees, e.g., building permit fees, development review fees, and sign code
fees (except for direct expenses incurred in outsourcing):
1) Public funded government construction (federal, state, county, local); including
tax districts/special districts (e.g., hospital, library, parks and recreation); or
2) Organizations providing low-income health and human services or attainable
or workforce housing.
b. Fee Waiver Criteria
The following criteria will be used to qualify low-income health and human services or
attainable or workforce housing projects:
1) A critical service is being provided;
2) The permitted project or building will serve or support a currently underserved
and needy segment of the community;
3) The population being served is the general public and is not subject to any
pre-qualification other than a needs-based (attainability) qualification, or (in
the case of housing) a local employment (workforce) qualification;
4) Attainable or workforce housing is deed-restricted; or
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Document Title Policy 402 – Fee Waiver
Revisions: 1 Town of Estes Park, Community Development
5) In the case of housing, a project is eligible for the attainable or workforce
incentive criteria in Sec 11.4 of the Estes Valley Development Code.
c. Fee Waiver Request
It is not the policy of the Town of Estes Park to routinely waive fees for projects
meeting the criteria in Sections 3.a and 3.b of this policy. These projects may request
such a waiver by submittal of a written request to the Community Development
Department. The decision-making body will hear the request and may choose to waive
some or all fees based on the merits of request. Requests that do not meet the
requirements established in Sections 3.a and 3.b of this policy will not be considered
(except as provided by Section 3.e).
d. Decision-Making Authority
Waiver Request Decision-Making Body
≤$500 per project; or
≤$500 per attainable or workforce housing unit
Community Development Director
>$500 and ≤$3,000 per project; or
>$500 and ≤$3,000 per attainable or workforce
housing unit
Community Development Director,
following review by Community
Development/Community Services
Committee
>$3,000 per project; or
>$3,000 per attainable or workforce housing
unit
Town Board, following review by
Community
Development/Community Services
Committee
e. Director’s Discretion Fee Waivers
The Community Development Director may, at his/her sole discretion, waive up to
$500 in Community Development Department fees regardless of whether the
conditions in Sections 3.a and 3.b are met. The Community Development Director
shall cause a note to be included in the project file(s) upon approval of such waivers.
Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
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EXISITING79
EXISITING80
WATER DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Chris Eshelman, Water Department Superintendent
Kevin McEachern, Public Works Operations Manager
Date: February 13, 2018
RE: Purchase of Tandem Dump Truck for Water Department,
MHC Kenworth - Greeley $157,480.03
Objective:
Purchase of a Tandem Dump Truck as approved in the 2018 budget. This truck is a
2019 Kenworth T880 Tandem Dump Truck with a 16-foot dump body. The new truck will
be used for Water Department operations and construction.
Present Situation:
The Water Department has budgeted in 2018 for the addition of a 2019 Kenworth T880
Tandem Dump Truck.
Proposal:
To utilize the 2018 fund amount from the Capital Equipment budget fund to purchase a
2019 Kenworth T880 Tandem Dump Truck. This will be accomplished by purchasing
the Kenworth Dump Truck from MHC Kenworth-Greeley for the amount of $157,480.03.
The Water Department proposes to make this purchase under the Town’s Purchasing
Policy Section 600.11.3 which allows the use of another public bid process. In this
case, the vendor (MHC Kenworth-Greely) honored the Upper Thompson Sanitation
District’s 2017 bid procurement price for their purchase of this same truck. The base
bid price is $154,175.42 plus options. The Town’s options equaled $3,304.61 for a total
cost of $157,480.03.
Advantages:
• New vehicle with new technology.
• Can haul twice the amount of material and debris as the single-axle dump truck
which is currently in the Water Department fleet.
• More efficiency and equipment utilization for Water Department operations and
construction projects.
• Less frequent trips for hauling material saving on fuel and equipment wear.
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Disadvantages:
Another piece of equipment will be owned, housed, and maintained by the Town of
Estes Park; however, the efficiency of using the truck will help the overall operations
and projects timeline completion.
Action Recommended:
The Water Department recommends the purchase of the Kenworth T880 Tandem
Dump Truck for $157,480.03.
Finance/Resource Impact:
Tandem Dump Truck--$157,480.03 / 503-7000-580.34-42 / Capital Fund.
Level of Public Interest
Low. Vehicle added to Town Fleet.
Sample Motion:
I move for the approval by the Town Board of the purchase of the Tandem Dump Truck
from MHC Kenworth-Greeley for the cost of $157.480.03.
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Estes Valley Board of Adjustment Appointments
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: February 13, 2018
RE: Estes Valley Board of Adjustment Appointments
Objective:
To appoint two positions on the Estes Valley Board of Adjustment with the term expiration of
Wayne Newsom and Jeff Moreau on February 28, 2018.
Present Situation:
The Town advertised for the positions in the local paper and on the Town’s website and
received applications from the incumbents by the closing date.
Proposal:
The Town Clerk’s office discussed the applicants with Community Development Director
Hunt and confirmed his approval to reappoint the Mr. Newsom and Mr. Moreau. Clerk
Williamson confirmed the Board’s approval to move forward with the consideration of the
reappointments at their Study Session on January 23, 2018.
Advantages: The positions would be filled.
Disadvantages:
If the appointment is not made, the positions would remain vacant until the position can be
re-advertised and interviews conducted.
Action Recommended:
Reappointment of Wayne Newsom and Jeff Moreau to the Estes Valley Board of
Adjustment beginning March 1, 2018 for 3-year terms expiring on February 28, 2021.
Budget: None.
Level of Public Interest. Low.
Sample Motion:
I move to approve/deny the reappointment of Wayne Newsom and Jeff Moreau to the Estes
Valley Board of Adjustment beginning March 1, 2018 for 3-year terms expiring on February
28, 2021.
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Date: February 13, 2018
RE: Amended and Restate Plat Black Canyon Inn Minor Subdivision
(Corrective Plat to Replace March 2017 Recorded Final Plat
Objective:
Review and reach final decision on the Amended and Restate Black Canyon Inn Minor
Subdivision Plat for Lot 2, replacing a previous (approved April 2016, recorded March
2017) erroneous plat for the same property.
Present Situation:
The Black Canyon Inn Minor Subdivision (Final Plat) was approved by Town Board in
April 2016 and subsequently recorded in March 2017. That plat was intended to
subdivide off Lot 2 from the parent tract. Lot 2 is the approx. 4 -acre unbuilt part of the
Black Canyon Inn property east of the Inn itself and west of Overlook Condominiums.
The March 2017 recorded plat was defective, as it turns out, because it accidentally
included part of the “main” Black Canyon Inn property. That area was previously (and
appropriately) platted with condominiums and designated as General Common Area for
the condos.
The area shown as Lot 2 does not have such encumbrances. However, because the
recorded plat mistakenly included some of the GCE vicinity, it technically required all
condo owners to sign the plat, as well as the owner of the Lot 2 land, Sloan Investments
LLC. This was not caught until Lot 2 went under sales contract recently and the title
company found the plat defect.
It is not known to current Planning staff (none of whom were here in April 2016) how the
earlier final plat got all the way through this process with the mistake undetected. It
should have been caught then. Notwithstanding, it needs fixed. Fortunately for all, the
fix is relatively straightforward: approval of the submitted Amended and Restate Plat this
evening.
The quickest fix for this mistake is approval and recordation of the attached Amended
and Restate plat for Lot 2. The Corrective Note (see p. 1, lower right corner) explains
the linkage between this and the previous plat, which should erase the title defect and
un-cloud the chain of title, allowing the closing to happen in late February.
Proposal:
The proposal is to replace the defective March 2017 plat with the attached Amended
and Restate Plat for Lot 2. This plat, when recorded, removes or supersedes the
defective plat and establishes Lot 2 and a legal lot of record.
Basically, approval of this Amended and Restate Plat restores the property boundaries
and ownership to the situation that everyone thought was being confirmed in April 2016.
It could be thought of as a “Back to the Future” thing, except without the DeLo rean
(alas).
Action Recommended:
Staff recommended approval of the Amended and Restate Black Canyon Inn Minor
Subdivision Plat for Lot 2.
Final Plats do not require or received Planning Commission review per EVDC.
Advantages:
• Allows a non-defective plat to replace a prior plat approved and recorded
erroneously.
Disadvantages:
• None identified.
Finance/Resource Impact:
n/a
Level of Public Interest
Low.
Sample Motions:
I move for the approval of the Amended and Restate Black Canyon Inn Minor
Subdivision Plat, finding that it meets applicable Estes Valley Development Code
requirements.
I move for the continuance of the Amended and Restate Black Canyon Inn Minor
Subdivision Plat to [date certain], and direct that… [state reasons for continuance]
I move for the denial of the Amended and Restate Black Canyon Inn Minor Subdivision
Plat, finding that… [state findings for denial]
Attachments:
1. Amended and Restate Black Canyon Inn Minor Subdivision Plat [Lot 2], dated
02-12-2018 [“revised per attorney” date]
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Robin Becker Planner I
Date: February 13, 2018
RE: Ordinance # 34-17 Proposed Text Amendment to Estes Valley
Development Code: EVDC §5.2 Accessory Uses, Table 5-2
Accessory Uses permitted in the Non Residential Districts, §5.4
Temporary Uses and Structures: Outdoor Mobile Food Vending,
§4.4 Nonresidential Zoning Districts, and Chapter 13 Definitions.
Objective:
UPDATE FEBRUARY 13TH 2018:
Outdoor Mobile Food Vending Permit was changed to a use via a business
license only; there is now a single permit rather than two.
Town Clerk Office will issue business licenses and regulate the approval of the
use, with routing and approval assistance from community development.
Business License Fees will be lowered for a one year Outdoor Mobile Food
Vending Business License.
Code amendment would only apply within Town of Estes Park and would not be
applicable in County, in order to interface smoothly with business licensing.
Application process will be overseen by Town Clerk, which will remove it from the
detailed Land Use review needed in the Community Development Department
and provide a more streamlined process. Essentially it will allow the food trucks
to “float” as long as they have land owner signature approval and they are in the
allowed zone districts, CD, CO, I1, A, and CH and adhere to the Operational
Standards.
Review and Recommendation on proposed text amendments to the Estes Valley
Development Code (EVDC) regarding the inclusion of an Outdoor Mobile Food
Vending business license.
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The objective of this proposed code amendment is to revise the EVDC to do the
following:
Provide an opportunity for a current unsatisfied need in the Estes Valley for
Outdoor Mobile Food vendors to operate with a business license specific to the
use.
Provide a clear interpretation of how and where this operation is allowed in
specific zoning districts in the Estes Valley Zoning Code.
Update our plan to accommodate current mobile food vendor needs that are
economically beneficial to the Town and local business owners.
Present Situation:
Currently the process to regulate these outdoor mobile food vendors is through a
temporary use permit. It is common planning practice around the United States to
provide a more streamlined and activity specific business license.
This lack of applicable code and or license specific to this use due to the fact that
outdoor mobile food vendors were limited in existence and they have evolved in the
past ten to fifteen years. It is our time to adapt to meet the changing food requests and
needs of the population.
Proposal:
An outdoor mobile food vending business license would allow local and new
entrepreneurs to become invested and involved in the Estes Valley. These businesses
would also serve a need for alternative food options for businesses that find it cost
prohibitive to have a kitchen on site, i.e. distilleries, breweries and beer gardens. The
one year business license would allow for flexibility with both the businesses being
served and the outdoor mobile food vendor. Furthermore by providing this business
license to local businesses and outdoor mobile food vendors we are allowing our
community to both have their cake and eat it too.
It is staff’s recommendation that including this outdoor mobile food vending business
license in the EVDC would meet a growing need for both new and local businesses
and locals and visitors alike. This is shown through our outreach with many current
mobile food vendors and local businesses. These include feedback and code
amendment contributions from Elkins Distilling Co, Lumpy Ridge Brewing Co, Rock
Cut Brewing Co, and Snowy Peaks Winery. Further feedback was provided from
Rations LLC, and Ladybug BBQ (food trucks operating in Town). We appreciate their
time and energy in the public outreach process and hope to provide them the best with
this Code Amendment.
Amend EVDC section §5.2,Table 5-2, §5.4, §3-17, §4.4, and Chapter 13 Definitions,
as stated in Exhibit A [“TB Draft”], dated February 13, 2017, attached.
Advantages:
Provides a specific business license for outdoor mobile food vendors instead of
attempting to add them to permits not applicable to their use; e.g., Temporary
Use Permits.
Provides more food variety and options to locals, business owners and visitors.
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More organized structure and health and safety regulation for Outdoor Mobile
Food Vendors.
Disadvantages:
Local restaurants may perceive a strain or more competition.
Action Recommended:
Review the amendment for compliance with Estes Valley Development Code (EVDC)
§3.3.D Code Amendments, Standards for Review for a decision to approve, deny, or
approve with conditions.
Finance/Resource Impact:
N/A
Level of Public Interest
High: This issue has attracted the interest of local business and restaurant owners.
Low: This particular Code Amendment
Sample Motion:
APPROVAL
I move that the Town Board of Trustees approve Ordinance No. 34-17, amending the
Estes Valley Development Code as stated in Exhibit A, finding that the amendment is in
accord with the Comprehensive Plan and with Section 3.3 of the Development Code.
Attachments:
Ordinance #34-17 (OUTDOOR MOBILE FOOD VENDING BUSINESS LICENSE)
Exhibit A- (February 13th 2017)
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ORDINANCE NO. 34-17
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE
REGARDING OUTDOOR MOBILE FOOD VENDING PERMIT
WHEREAS, on November 14, 2017, the Estes Valley Planning Commission
conducted public hearings on proposed text amendments to the Estes Valley
Development Code, Sections §5.4 Temporary Uses and Structures: Outdoor Mobile
Food Vending Permit, §3-17 Outdoor Mobile Food Vending Permit Review Procedures
and Standards, §4.4 Nonresidential Zoning Districts, Chapter 13 Definitions, and
Appendix B Submittal Requirements; and
WHEREAS, on November 14, 2017, the Estes Valley Planning Commission
voted to recommend approval of the text amendment; 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 amendment to the Estes Valley Development Code, as set forth on Exhibit A, be
approved; and
WHEREAS, said amendment 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.
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
90
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
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EXHIBIT A
Estes Park Town Board of Trustees
[February 13, 2018]
§4.4 Nonresidential Zoning Districts
D. Additional Zoning District
Standards……………………………………………………………………………………………4-21
1. Operational Requirements.
a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(3)Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses,
storage or activity shall be permitted within the CD zoning district:
(f) Outdoor Mobile Food Vendor Uses.
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Chapter 5. Use Regulations
Table of Contents
§5.2 TABLE 5-2 ACCESSORY USES PERMITTED IN THE NONRESIDENTIAL
DISTRICTS……...5-20
§5.2 ACCESSORY USES E. OUTDOOR MOBILE FOOD VENDING…………………………5-24
A. Outdoor Mobile Food Vending
B. Applicability.
§5.4 OUTDOOR MOBILE FOOD VENDING USES………………………………………………5-27
A. Business License Required
B. Operational Standards
C. Outdoor Mobile Food Vending Uses Allowed
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Table 5-2
Accessory Uses Permitted in the Nonresidential Zoning Districts
Accessory Use Nonresidential Zoning Districts Additional Conditions
"Yes" = Permitted
"No" = Not Permitted
"CUP" = Conditional Use Permit
Outdoor Mobile Food
Vendors
A A-1 CD CO O CH I-1 §5.4
Yes No Yes Yes No Yes Yes
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§ 5.4 – Outdoor Mobile Food Vending Uses
A. Business License Required.
All outdoor mobile food vendors operating in the Town of Estes Park shall obtain an
outdoor mobile food vending business license prior to commencing operation and
continuing throughout the entire period (s) of operation.
B. Operational Standards.
All outdoor mobile food vendors shall meet the following requirements:
1. Outdoor mobile food vending uses shall not violate any applicable conditions of approval
that apply to the principal use on the site.
2. Outdoor mobile food vendors shall be classified as accessory uses in the zone districts
in which they are permitted provided they are on lots that contain a principal building
where active operations are being conducted.
3. Outdoor mobile food vendors shall be prohibited on undeveloped lots.
4. Permanent signage shall be allowed only on the outdoor mobile food vendor vehicle.
One temporary sign may be placed by the outdoor mobile food vendor on the site. The
temporary sign shall meet the applicable regulations of Chapter 17.66.
5. The outdoor mobile food vendor vehicles shall not be located any of the following
places:
a) Within the extended boundaries of a crosswalk
b) Within ten (10) feet of the extension of any building entranceway, and or
doorway;
c) In an location in which the vehicle, may impede or interfere with or visually
obstruct;
1) the safe movement of vehicular and pedestrian traffic;
2) parking lot circulation; or
3) access to any public street, alley or sidewalk;
6. The outdoor mobile food vendor shall have available a suitable container for the
placement of litter by customers and shall pick up and dispose of any paper, cardboard,
wood or plastic containers, wrappers or any litter on site.
7. Each outdoor mobile food vendor shall not leave the outdoor mobile food vehicle
unattended for more than fifteen (15) minutes at any one time while engaged in business
operations.
8. Each outdoor mobile food vendor shall comply with the provisions of all applicable rules
regulations and ordinances of the Town and County as well as requirements of all state
and federal laws, including, but not limited to noise restrictions, sign regulations,
limitations on discharge of liquid waste, sales tax requirements, food safety, wildlife
protection and other related requirements.
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CHAPTER 13. DEFINITIONS
§ 13.3 - DEFINITIONS OF WORDS, TERMS AND PHRASES
Outdoor Mobile Food Vendor; shall mean any person, whether as owner, agent, consignee or
employee, who sells or attempts to sell, or who offers to the public free of charge, any services,
goods, wares or merchandise, including, but not limited to, food or beverage, from any license
vehicle.
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ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Travis Machalek, Assistant Town Administrator
Date: February 13, 2018
RE: Future Use of Senior Center at 220 4th Street
Objective:
To present the proposed future uses of the Town facility at 220 4th Street (Senior
Center).
Present Situation:
The transition of Senior Services from the Town to the Estes Valley Recreation and
Park District (EVRPD) was completed at the end of January. At that time, the Town
granted a one-month lease of the Senior Center to Estes Park Senior Citizens Center,
Inc. (EPSCCI). The intent of this lease is to provide service continuity until the Estes
Valley Community Center opens. EPSCCI has been operating the Senior Center since
January 31st.
Proposal:
At the January 23rd study session, the Town Board heard four (4) proposals for the
future use of the Senior Center. The proposed uses are:
1) Child Development and Recreation Center;
2) Senior Center operated by Estes Park Senior Citizens Center, Inc.;
3) Museum Collections Storage; and
4) Children’s Museum.
Advantages:
N/A
Disadvantages:
N/A
Action Recommended:
The decision regarding the future use of the Senior Center is a Town Board policy
decision.
97
Finance/Resource Impact:
The Child Development and Recreation Center, Senior Center, and Children’s Museum
proposals would reduce General Fund expenses by roughly $10,000-$15,000 per year
(estimate of the cost of ongoing maintenance and utilities for the facility).
The Museum Collections Storage proposal would maintain the maintenance and utilities
budget for the facility that currently exists within the General Fund. Additional capital
improvements including interior walls, fire alarm system installation, entrance/egress
doors, and exterior painting are projected to total $73,000.
Level of Public Interest
High.
Sample Motion:
I move to accept the Child Development and Recreation Center/Senior
Center/Children’s Museum/Museum Collections Storage proposal.
Attachments:
•Proposals for Use of 220 4th Street Link
98
CULTURAL SERVICES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
Travis Machalek, Assistant Town Administrator
From: Derek Fortini, Museum Director
Date: February 13, 2018
RE: Museum Proposal – Avoided Costs
Background:
In order to more fully address the financial impact to the Town of the Museum proposal
for the future use of 220 4th Street, staff has prepared estimates of the costs that would
be avoided by moving Museum collections from the Light and Power warehouse to 220
4th street.
From the Perspective of Light and Power
In the past three years, Light and Power has completed 100% of project construction in-
house, creating a need for space for material inventory. By doing in-house construction
as opposed to contracting with a third-party, the division saves an average of $500,000
per year on Capital Projects (compared to previous years). In the past, developers
would hire contractors to come in and install Light & Power’s infrastructure, which ended
up causing several issues because of workmanship. Therefore, Light & Power staff
build-out 100% project construction of local development as well. In-house construction
also speeds up project delivery and enhances the responsiveness of the project to
community/resident needs.
If Light and Power is unable to move inventory storage into the warehouse currently
occupied by Museum artifacts, the division will have to explore other, sub-optimal
alternatives for inventory storage.
Such alternates include:
Short-term solutions (both of these alternatives reduce staff’s daily efficiency
considerably)
o Rental of offsite commercial storage units: $650 a month, with a need for
three to four units
o Mobile storage units (large enclosed trailers): $14,000, with a need for 2
units for each project
Long-term solutions
o Seek a commercial property to purchase: Estimated to be $850,000 up to
$1.5M
o Construct a new facility on existing Town of Estes Park property on Elm
Road: Estimated to be $250,000 to $500,000 for site preparation and
building to start at $500,000
From the Perspective of the Museum
Whether or not the Museum proposal is selected, the Museum will need to vacate the
current warehouse. Staff has not begun to explore/evaluate other alternatives or the
associated costs.
2/6/2018 Town of Estes Park Mail - Fwd: letter in support of the continued use of Senior Center building for seniors
https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=YY-up69cTQI.en.&view=pt&msg=1616c09397a74e09&cat=Town%20Board%20Comme…1/1
Town Clerk <townclerk@estes.org>
Fwd: letter in support of the continued use of Senior Center building for seniors
wildlands <wildlands3@gmail.com>Tue, Feb 6, 2018 at 9:53 AM
Reply-To: wildlands3@gmail.com
To: townclerk@estes.org
---------- Forwarded message ----------
From: wildlands <wildlands3@gmail.com>
Date: Tue, Feb 6, 2018 at 9:23 AM
Subject: letter in support of the continued use of Senior Center building for seniors
To: Todd Jirsa <tjirsa@estes.org>
Please include this in the public information packet.
To: Honorable Todd Jirsa, Mayor - Town of Estes Park
From: Susan Wolf
Re: Senior Center
Date: Feb. 06, 2018
Dear Mayor Jirsa:
I support the continued use of the Senior Center at 4th Street for the seniors, and I participate three times per week in
their recreational activities.
Many of the letters to the editor against the continued use of this building by seniors have been written by people who
have never participated in any of the activities at the senior center. Sadly, some letters were very unkind.
I know you will be making a decision concerning this building on February 13.
I am asking you to approve the continued use of the Senior Center building for seniors for the following reasons:
1. It has a home like atmosphere providing recreation, public entertainment, friendship and many activities for seniors,
many of whom have lost their spouses.
2. The continued use of this building will be provided without any town expenditures as stated in the Estes Park Senior
Center Board's proposal to the town.
3. Childcare providers, who state that they are providing recreation for children, could utilize the senior center space at
the community center which provides a leisure pool with water slide, aqua climbing wall, lazy river with interactive play
features and is in close proximity to the organic community garden and Stanley Park playground. This would be a
much more beneficial location for children than the Senior Center.
The approach that I have outlined above would be a win win for seniors, children, and the community that we love.
Thank you for consideration of my comments.
Susan Wolf
1637 Black Squirrel Drive
Estes Park, CO 80517
970-586-4325
wildlands3@gmail.com
99
100
Resolution of Support from the Estes Park Museum Friends &
Foundation
2 messages
Kurtis Kelly <kurtis@kurtiskelly.com> Thu, Feb 8, 2018 at 3:19 PM
Reply-To: Kurtis Kelly <kurtis@kurtiskelly.com>
To: townclerk@estes.org
Greetings,
I would like to share the message below with the Mayor and all Town Trustees. Following the protocol
recommended on the Town of EP website, I am sending this to the Town Clerk’s office, in the hope
that you'll be able to forward this along to Mayor Jirsa and the Trustees. If I should need to email
them directly, of course, just let me know.
Many thanks,
Kurtis Kelly
President, Estes Park Museum Friends & Foundation, Inc.
email contact:kurtis@kurtiskelly.com
_________________________________________________________
Dear Mayor Jirsa and Town Trustees,
As president of the Estes Park Museum Friends & Foundation, Inc., I am writing to share that our
nonprofit board has passed a resolution of support for the Estes Park Museum’s proposal for the 220
4th Street facility. Below is the official text of our resolution:
Resolution of Support:
The board members of the nonprofit Estes Park Museum Friends & Foundation, Inc.,
recognize the urgent and critical need for storage of approximately 30,000 artifacts integral to
the history of Estes Park.
EPMF&F board members also recognize that artifacts must be transferred this year from the
Town of Estes Park’s Light & Power warehouse, an unsuitable site that has been used more
than two decades beyond its original use plan.
EPMF&F board members note that the 1A sale tax measure passed by voters on April 1, 2014
was originally conceived with a funding mechanism for a Collections & Research Facility, but
that last-minute changes resulted in no sales tax funds ever having been allocated toward this
purpose.
For these reasons above, the board of the Estes Park Museum Friends & Foundation, Inc.,
endorses the Estes Park Museum’s Proposal for the Use of the 220 4th Street Building.
Additionally, our board members have been concerned that the public may not have a full
understanding of the needs rooted in the Estes Park Museum proposal, and we thought it was
important to help remedy that. With that in mind, we have submitted a letter to the editor to both local
newspapers. I have copied that text below for your review.
I am planning to share a brief summary of our resolution during the public comment period at this
Tuesday’s Board of Trustees meeting.
Thank you all for your service and for your careful review of the proposals.
Kurtis Kelly
President, Estes Park Museum Friends & Foundation, Inc.
To the Editor:
Museum Proposal Addresses Urgent Needs
Several worthy needs are being explored as our Town Trustees decide on the future of the 220 4th
Street Building. Whatever decision is made, we hope strides can be made in pursuit of many of our
community needs. That said, time is quickly running out to find a solution to a preservation crisis
faced by our Estes Park Museum. Our town’s physical history may be at stake.
Here’s the dilemma: roughly 30,000 significant historic artifacts are in limbo. Since 1992, these items
have been housed at the old Light and Power warehouse on Elm Road. That storage was supposed
to be a two-year plan. Twenty-five years later, these artifacts remain, lacking proper temperature
controls, continuously at risk from larvae and rodents. The Light & Power Department can no longer
store these items, and they’ve been ordered to be removed this year. Restoring L&P’s rightful
footprint will reclaim a much-needed Town worksite and save tax dollars, allowing more Town
construction work to be completed locally and in-house.
It’s logical to ask, why hasn’t something been done sooner to address the museum collection’s space
crunch? Over 25 years, many solutions have been proposed, yet every time, they’ve had to be put on
the back burner. Strategic studies, including 1992, 1995, 1998, and 2004, all called for museum
expansion to address the storage deficit. In each case, lacking funding, this critical need was
deferred.
By 2011, the Town Board pledged funds to match a generous private donation toward a Museum
Collections & Research Facility, hoping to break ground by 2018. Then, amid budget cuts, the Town
pledge could not be fulfilled. In 2014, voters approved the 1A sales tax, a plan which originally
included funding for a museum collections facility. But final ballot language stipulated the museum
could receive funding only if the Community Center failed to be constructed. In 2014, the Museum
Friends & Foundation actively began fundraising for a Collections and Research Facility, under the
auspices that the Town would provide at least $1 million toward the building. By 2015, amid budget
cuts, those pledges had to be withdrawn.
Public museum support has been sidelined many times over many years. Now in 2018, there is a
lifeline. Utilizing the 220 4th Street facility would rescue those 30,000 artifacts where they can be
properly saved by our trained museum professionals.
While preservation space is critical, other vital museum work can also go forth in this neighboring
facility. Plans call for an Oral History Sound Studio (without which, many community stories are being
forever lost), a Research and Library Area, as well as space for the archiving of local newspapers and
the ability to acquire and preserve historic documents from our local clubs and organizations. The
ability to interpret and celebrate our unique and vibrant history will be tremendously enhanced.
Less than two years after F.O. Stanley made his generous gift of land that would become Stanley
Park, the idea of a town historical museum was already being proposed. A museum was part of the
original 1938 Stanley Park plan drafted by landscape architect J. Lloyd Fletcher. A museum was a
vision cherished within Stanley’s lifetime.
We thank the Town Trustees for their thoughtful review of all the proposals, and we encourage
support of the Estes Park Museum’s proposal for use of the 220 4th Street facility.
The board members of the Estes Park Museum Friends & Foundation, Inc.
Kurtis Kelly, President
Barb Cole
Marcia Gerritz
Bobbie Heisterkamp
Sandy Osterman
Neal Standard
Cecile Strickland
Nancy Thomas
To: Town of Estes Park Board of Trustees
From: Town of Estes Park Family Advisory Board
Date: 2.5.18
Subject: 220 4th Street
The Town of Estes Park Family Advisory Board, after reviewing all four proposals submitted for
possible use of the 220 4th Street building, recommends that the Town of Estes Park vote to
adopt the Child Development & Recreation Center proposal.
The Child Development & Recreation Center proposal advances multiple objectives of the
Town’s Strategic Plan and meets an immediate community need that is not otherwise being
addressed. Utilizing the 220 4th Street building as a Child Development & Recreation Center
would benefit a large portion of families in the Estes Valley and the businesses and
organizations that employ these families. This proposal would require no Town funds to retrofit
the building, and would require minimal ongoing maintenance costs to the Town.
The Family Advisory Board feels that a Child Development & Recreation Center is an
acceptable use for this property under the current deed specifications.
If the Town Board is uncertain regarding interpretation of the current deed as it applies to the
Child Development & Recreation Center, we ask that the Board thoroughly explore removing
the barrier of the deed restriction.
As elected representatives, you have an obligation to seeing this issue thoroughly vetted and
making an educated decision for the future of our community.
On behalf of the Family Advisory Board, thank you for your attention and dedication to the
needs of our community.
Respectfully,
Bin Greer, Chair
Town of Estes Park Family Advisory Board
RECEIVED
FEB 122018
February 12, 2018 ADMINISTRATIVE SERVICES
BY: TIME:
To:
From:
Mayor Todd Jirsa, Mayor Pro Tern Wendy Koenig, Trustees: Bob Holcomb,
Patrick Martchink, Ward Nelson, Ron Norris, Cody Walker
Johanna Darden, 50 I Mac Gregor Avenue, Estes Park, CO 80517-9023 � b
In Re: E-mail Messages That Appeared in the Public Domain to Town Board
Members for Lease oftbe Property at 220 4th Street
I have provided herewith copies of e-mail messages sent to you from individuals who ask
that you lease the buil ding at 220 4th Street to the Estes Park Senior Citizens
Center, Inc. (EPSCC, Inc.). Many of these letters are from your constituents who
do not go out at night and will not be able to attend the Town Board meeting
tomorrow, Tuesday, February 13. It is my hope that you will read them carefully,
These e-mail copies were not placed in your packet for the meeting, and I suspect
you may not have read all of them. I believe I have made it convenient for you to
do so, at my own personal time and expense.
xc: Town Clerk
Link for emails received by the Town Board in support of the Senior Center
proposal for 220 4th Street.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Will Birchfield, Chief Building Official
Date: February 13, 2018
RE: Ordinance 02-18, amending the 2015 International Building Code, Sections
307.1.1, 311.2, 414.2.5 and Table 414.2.5(2), regarding the storage of
distilled spirits in wooden barrels or casks.
Objective:
Amend the 2015 International Building Code (IBC) to address local concerns regarding
the maximum allowable quantity (MAQ) of distilled spirits (alcoholic beverages) which
can be stored in wooden barrels or casks in a control room and be exempted from
classification as an H-3 occupancy.
Present Situation:
Current code provisions limit the volume (MAQ) of alcoholic beverages stored in wooden
barrels or casks to a maximum of 120 gallons per control area, unless the room is classified
as an H-3 occupancy, which is required to be protected with an automatic sprinkler system
and an emergency alarm system. Liquor stores, which are open to the public, are allowed
to store 1,600 gallons of alcoholic beverages in various containers (glass and plastic within
cardboard boxes) and not be classified as H-3 occupancies. Individual container sizes in
liquor stores are limited to a maximum of 1.3 gallons (5 liters).
Proposal:
Amend the 2015 IBC to allow the same MAQ (volume) of alcohol beverages to be stored
in wooden barrels or casks, as is allowed to be stored in liquor stores, before the room
is classified as an H-3 occupancy. The Fire Chief and the Board of Appeals support
approval of these proposed amendments.
Advantages:
The amendments will result in consistency in applying specific code provisions relating
to the maximum allowable quantities (MAQs) of distilled spirits which can be stored in a
control room before the room is classified as an H-3 occupancy, which requires
protection by automatic sprinkler systems and emergency alarm systems.
101
Disadvantages:
Deleting requirements for automatic sprinkler systems and emergency alarm systems in
rooms storing alcoholic beverages in wooden barrels or casks in excess of 120 gallons
but not more than 1,600 Gallons, makes the room/building less safe.
Action Recommended:
Approve the proposed amendments.
Finance/Resource Impact:
None.
Level of Public Interest
Limited.
Sample Motion:
I move the Town Board of Trustees approve Ordinance No. 02-18, amending the 2015
International Building Code, Sections 307.1.1, 311.2, 414.2.5 and Table 414.2.5(2),
regarding the storage of distilled spirits in wooden barrels or casks.
Attachments:
1. Ordinance No. 02-18, amending the 2015 International Building Code, Sections
307.1.1, 311.2, 414.2.5 and Table 414.2.5(2), regarding the storage of distilled
spirits in wooden barrels or casks
2. Exhibit A: Amendments to the 2015 International Building Code regarding the
storage of distilled spirits in wooden barrels and casks
3. Exhibit B: Proposed Amendments with context and commentary
4. Exhibit C: Summary
5. Exhibit D: Letter of support from EVFPD, dated Jan 31, 2018
102
ORDINANCE NO. 02-18
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME
PERTAINING TO BUILDINGS AND CONSTRUCTION, AMENDING THE
INTERNATIONAL BUILDING CODE, 2015 EDITION
WHEREAS, Section 31-16-207, C.R.S. Amendments allows for the previously
adopted code by reference may be amended by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: Chapter 14.12 of the Municipal Code shall be amended to read as follows:
International Building Code
14.12.010 International Building Code, 2015—Amended. The International
Building Code, 2015 Edition, issued by the International Code Council, 4051 W.
Flossmoor Rd., Country Club Hills, IL 60478-5795, the sections or parts of sections
thereof which are amended as set forth on Exhibit “A” attached hereto and incorporated
herein by this reference, referred to in this title as the International Building Code is
enacted and adopted by reference.
Section 2: These amendments to the Estes Park Municipal Code 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
103
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the day of , 2018, and
published in a newspaper of general publication in the Town of Estes Park, Colorado on
the day of , 2018.
Town Clerk
104
EXHIBIT A
AMENDMENTS TO THE 2015 INTERNATIONAL BUILDING CODE REGARDING
THE STORAGE OF DISTILLED SPIRITS IN WOODEN BARRELS AND CASKS
307.1.1 Uses other than Group H, Revise item 2 as follows:
2. Wholesale and retail sales and storage of flammable and combustible liquids in
mercantile and storage occupancies conforming to the International Fire Code and
Section 414 of this code.
311.2 Moderate-hazard storage, Group S-1, Add the following to the list:
Distilled spirits and wines in wooden barrels and casks, complying with maximum
allowable quantities per Table 414.2.5(2).
414.2.5 Hazardous material in Group M display and storage areas and in Group S
storage areas, Revise the second paragraph as follows:
In Group M occupancy wholesale and retail sales uses and in Group S occupancies
storing distilled spirits in wooden barrels or casks, indoor storage of flammable and
combustible liquids shall not exceed the maximum allowable quantities per control area
as indicated in Table 414.2.5(2), provided that the materials are displayed and stored in
accordance with the International Fire Code.
Table 414.2.5(2) MAXIMUM ALLOWABLE QUANTITY OF FLAMMABLE AND
COMBUSTIBLE LIQUIDS IN WHOLESALE AND RETAIL SALES OCCUPANCIES
PER CONTROL AREA, Revise the title of the table as follows:
MAXIMUM ALLOWABLE QUANTITY OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
IN WHOLESALE AND RETAIL SALES OCCUPANCIES AND IN S-1 OCCUPANCIES
STORING DISTILLED SPIRITS IN WOODEN BARRELS AND CASKS PER CONTROL
AREA
Table 414.2.5(2) MAXIMUM ALLOWABLE QUANTITY OF FLAMMABLE AND
COMBUSTIBLE LIQUIDS IN WHOLESALE AND RETAIL SALES OCCUPANCIES
PER CONTROL AREA, Add footnote d after 1,600 to read as follows:
d. Every room or space which stores Class IB. IC, II and IIIA liquids shall have the MAQ
of the room or space posted in a conspicuous place. Posted signs shall be of an approved
legible permanent design and shall be maintained.
105
EXHIBIT B
PROPOSED AMENDMENTS WITH CONTEXT AND COMMENTARY
LEGEND
Black text after an amendment is original Code text, provided for context.
Red strike through is text which has been deleted.
Blue underscored text is text which has been added.
Yellow highlighted text is staff commentary.
All amendments in this presentation are PROPOSED unless approved by the elected
officials.
Text in a bold box is an amendment.
106
SECTION 307.1.1
Uses other than Group H
[F] 307.1.1 Uses other than Group H.
An occupancy that stores, uses or handles hazardous materials as described in one or more of the
following items shall not be classified as Group H, but shall be classified as the occupancy that it most
nearly resembles.
1. Buildings and structures occupied for the application of flammable finishes, provided that such
buildings or areas conform to the requirements of Section 416 and the International Fire Code.
2. Wholesale and retail sales and storage of flammable and combustible liquids in mercantile and
storage occupancies conforming to the International Fire Code and Section 414 of this code.
3. Closed piping system containing flammable or combustible liquids or gases utilized for the operation
of machinery or equipment.
...
If the Town of Estes Park choses to regulate the storage of “non-exempt amounts” of distilled
spirits in wooden barrels as S-1 occupancies, then balance might be achieved by limiting the
quantity based on a current standard. The IBC currently has provisions for the amount of distilled
spirits which may be stored in M (M = mercantile = retail) occupancies. It may be reasonable to
use the existing quantity limitation of 1,600 gallons which is applicable to wholesale and retail
sales occupancies (liquor stores). Adding the word “storage” in the above amendment starts that
process. Referencing Section 414 of the code completes it, as it includes Table 414.2.5(2) which
specifies maximum allowable quantities (MAQs) of 1,600 gallons. The purpose of this
amendment is to balance regulations with public safety. Among others, the Cities of Denver and
Westminster have both amended their codes to address the issue of storing distilled spirits in
wooden barrels and casks.
307.1.1 Uses other than Group H. Revise item 2 as follows:
2. Wholesale and retail sales and storage of flammable and combustible liquids in mercantile and
storage occupancies conforming to the International Fire Code and Section 414 of this code.
107
SECTION 311.2
Moderate-hazard storage, Group S-1
311.2 Moderate‐hazard storage, Group S‐1.
Storage Group S‐1 occupancies are buildings occupied for storage uses that are not classified as Group S‐
2, including, but not limited to, storage of the following:
Aerosols, Levels 2 and 3
Aircraft hangar (storage and repair)
Bags: cloth, burlap and paper
Bamboos and rattan
Baskets
Belting: canvas and leather
Books and paper in rolls or packs
Boots and shoes
Buttons, including cloth covered, pearl or bone
Cardboard and cardboard boxes
Clothing, woolen wearing apparel
Cordage
Distilled spirits and wines in wooden barrels and casks, complying with maximum allowable quantities
per Table 414.2.5(2)
Dry boat storage (indoor)
Furniture
Furs
Glues, mucilage, pastes and size
311.2 Moderate-hazard storage, Group S-1. Add the following to the list:
Distilled spirits and wines in wooden barrels and casks, complying with maximum allowable
quantities per Table 414.2.5(2)
108
Grains
Horns and combs, other than celluloid
Leather
Linoleum
Lumber
Motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials
listed in Table 307.1(1) (see Section 406.8)
Photo engravings
Resilient flooring
Silks
Soaps
Sugar
Tires, bulk storage of
Tobacco, cigars, cigarettes and snuff
Upholstery and mattresses
Wax candles
Based on industry practice and Material Safety Data Sheets (MSDS), beverages containing more
than 80% alcohol (160 proof) are generally considered Class 1A flammable liquids. Beverages
containing more than 20% alcohol (40 proof) but not more than 80% alcohol (160 proof) are
generally considered Class 1B or Class 1C flammable liquids. Distilled spirts are typically
classified as Class 1B flammable liquids.
The storage of distilled spirits and wines in wooden barrels and casks is specifically exempted
from the requirements of Chapter 50 of the International Fire Code (IFC) “Hazardous Materials-
General Provisions” and Chapter 57 “Flammable and Combustible Liquids.” Requirements in
other portions of the IFC are still applicable, as are requirements in the International Building Code
(IBC). The IFC commentary clearly states wooden barrels are not exempt from H-3 requirements
in the IBC. The intent of the exemption in the IFC, regarding storage of distilled spirits in wooden
barrels, may be based on at least two things. Wooden barrels do not pose the same rupture hazard
as do other containers and automatic sprinkler systems generally prevent fires from progressing to
the point where the metal bands around the barrels get hot enough to expand, which would allow
the contents to leak. The exemption in the fire code removes the requirements for explosion
control, emergency power, spill control, drainage and containment.
The purpose of this amendment is to allow the storage of distilled spirits in wooden barrels in
excess of exempt amounts to be regulated as an S-1 occupancy instead of an H-3 occupancy. By
doing so, it removes the requirements for automatic sprinkler systems and emergency alarms and
allows the volume of distilled spirits to be increased from 120 gallons to 1,600 gallons.
109
SECTION 414.2.5
Hazardous material in Group M display and storage areas and in Group S storage areas
414.2.5 Hazardous material in Group M display and storage areas and in Group S storage
areas.
In Group M occupancy wholesale and retail sales uses and in Group S occupancies storing distilled spirits
in wooden barrels or casks, indoor storage of flammable and combustible liquids shall not exceed the
maximum allowable quantities per control area as indicated in Table 414.2.5(2), provided that the
materials are displayed and stored in accordance with the International Fire Code.
Based on a previous amendment to Section 311.2, adding the storage of distilled spirits in wooden
barrels and casks to the existing text is consistent with this section title, which includes “Group S
storage areas.” However, for this subsection, it does limit storage to distilled spirits in wooden
barrels and casks and does not open the door for unintended consequences for other flammable
liquids stored in various containers. There are two tables associated with this provision, 414.2.5(1)
which specifies maximum allowable quantities (MAQs) for nonflammable solids and
nonflammable and noncombustible liquids and 414.5.2(2) which provides MAQs for flammable
and combustible liquids. While the first Table includes both solids and liquids, the second Table
is specific to liquids and specific to Group M (mercantile) occupancies. The purpose of this
amendment is to lay the foundation for an amendment which will include the storage of distilled
spirits in wooden barrels and casks in the title of the second table.
414.2.5 Hazardous material in Group M display and storage areas and in Group S storage
areas. Revise the second paragraph as follows:
In Group M occupancy wholesale and retail sales uses and in Group S occupancies storing distilled
spirits in wooden barrels or casks, indoor storage of flammable and combustible liquids shall not
exceed the maximum allowable quantities per control area as indicated in Table 414.2.5(2), provided
that the materials are displayed and stored in accordance with the International Fire Code.
110
111
[F] TABLE 414.2.5(2)
MAXIMUM ALLOWABLE QUANTITY OF FLAMMABLE
AND COMBUSTIBLE LIQUIDS IN WHOLESALE AND RETAIL SALES OCCUPANCIES PER CONTROL AREA
d. Every room or space which stores Class IB. IC, II and IIIA liquids shall have the MAQ of the
room or space posted in a conspicuous place. Posted signs shall be of an approved legible
permanent design and shall be maintained.
This amendment is at the request of the Board of Appeals, who recommends approval of all of the
proposed amendments relating to the storage of distilled spirits in wooden barrels and casks.
TABLE 414.2.5(2) ADD footnote d after 1,600 to read as follows:
d. Every room or space which stores Class IB. IC, II and IIIA liquids shall have the MAQ of
the room or space posted in a conspicuous place. Posted signs shall be of an approved legible
permanent design and shall be maintained.
112
EXHIBIT C
SUMMARY
With IFC exemptions, the H‐3 requirements for explosion control, spill
control, secondary containment, and emergency or standby power have
been exempted.
By amending the IBC, the H‐3 requirements for emergency alarms and
automatic sprinkler systems will be exempted.
113
EXHIBIT D
114
ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: February 13, 2018
RE: Policy 108 - ADMINISTRATIVE POLICES APPLICABLE TO THE BOARD
OF TRUSTEES
Objective:
To identify the general administrative policies of the Town that are applicable to the
Board of Trustees and to document agreement by the Town Board to abide by these
specific policies
Present Situation:
There are certain administrative operating policies of the Town that require compliance
of not just employees, but of the Board of Trustees and volunteers as well, for the
operational efficiency and protection of the Town from risk of liability or damage to
assets and/or information. These policies are administrative in nature and under Policy
Governance limitations, are the responsibility of the Town Administrator. The Town
Administrator reports to the Town Board and as such, has no authority to require
elected officials to comply with these administrative policies.
Proposal:
The purpose of this policy is for the Town Board to agree to comply with the
administrative polices outlined herein. Any issues arising from non-compliance will be
handled by the Board and the Town Administrator is not accountable for Board
compliance.
Advantages:
Defines which administrative policies are also applicable to the Elected Town
Board.
Provides Board agreement to be subject to these policies
Clarifies roles and responsibilities of the Board and the Town Administrator as it
relates to the specified administrative policies.
Disadvantages:
None
115
Action Recommended:
That the Board adopt and authorize the Mayor to sign Policy 108 – Administrative
Policies Applicable to the Board of Trustees
Finance/Resource Impact:
None
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Policy 108, Administrative Policies Applicable to the
Board of Trustees and authorize the Mayor to sign same.
116
Admin Policies Applicable to the Board of Trustees
Revisions: none Town of Estes Park, Town Board Policies
Effective Period: until supersceeded
Review Schedule: Biennially in June following Board elections
Effective Date: February 13, 2018
References:
ADMINISTRATION
108
ADMINISTRATIVE POLICES APPLICABLE TO THE BOARD OF TRUSTEES
1. PURPOSE –
To identify the general administrative policies of the Town that are applicable to the
Board of Trustees and to document agreement by the Town Board to abide by
these specific policies
This policy is applicable to the Board of Trustees. This Policy is only applicable to
Town Policies signed by the Town Administrator.
2. POLICY
There are certain administrative operating policies of the Town that require
compliance of not just employees, but of the Board of Trustees and volunteers as
well, for the operational efficiency and protection of the Town from risk of liability or
damage to assets and/or information. These policies are administrative in nature
and under Policy Governance limitations, are the responsibility of the Town
Administrator. The Town Administrator reports to the Town Board and as such,
has no authority to require elected officials to comply with these administrative
policies. The purpose of this policy is for the Town Board to agree to comply with
the administrative polices outlined herein. Any issues arising from non-compliance
will be handled by the Board and the Town Administrator is not accountable for
Board compliance.
3. PROCEDURE
The following adopted polices, and any subsequent updates or revisions are
applicable to the Board of Trustees:
206 Cell Phone Policy
314 Tobacco Use
315 Vehicle and Equipment Use
616 Grants
617 Grant Management Duplication of Benefits
618 Whistleblower Policy
980 Information Security Program
980 Information Technology – Acceptable Use
117
Admin Policies Applicable to the Board of Trustees
Revisions: none Town of Estes Park, Town Board Policies
983 Antivirus and Malware Prevention Policy
985 Mobile Computing Policy
986 Personal Device (computing) Policy
1001 Risk – Incident Reporting
Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
118
Transportation Advisory Board Interview Committee Appointments
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: February 13, 2018
RE: Interview Committee for the Transportation Advisory Board
Objective:
To appoint Town Board members to the interview committee for the three positions open on the
Transportation Advisory Board.
Present Situation:
The Transportation Advisory Board is currently made up of nine volunteer community members.
The Board will have three positions expiring on March 31, 2018 currently held by Kimberly
Campbell, Claudine Perrault and Gordon Slack. Administrative Services posted the positions
through February 20, 2018. The intent is to hold interviews during the first couple of weeks in
March for appointment at no later than the second meeting in March.
Proposal:
Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed
by the Town Board, or its designee. Any designee will be appointed by the Town Board.
Advantages:
To move the process forward and allow interviews to be conducted of interested applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview panel for the Transportation Advisory Board openings.
Budget:
None.
Level of Public Interest.
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to the
Transportation Advisory Board interview panel.
119