HomeMy WebLinkAboutPACKET Town Board 2017-07-11The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, July 11, 2017
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.
1. CONSENT AGENDA:
1. Town Board Minutes dated June 27, 2017 and Town Board Study Session dated
June 27, 2017.
2. Bills.
3. Committee Minutes. - None
4. Family Advisory Board Minutes dated May 3, 2017 & June 1, 2017
(acknowledgement only).
2. LIQUOR ITEMS:
1. NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE FILED BY PARK
THEATER MALL LLC DBA HISTORIC PARK THEATER & CAFÉ, 130-132
MORAINE AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson.
3. ACTION ITEMS:
1. RESOLUTION #22-17 ACCEPTING THE DONATION OF LAND (MRS. WALSH’S
GARDEN) TO THE TOWN OF ESTES PARK. Town Attorney White.
2. POLICY 670 CASH AND INVESTMENT RESERVE AND CONTINGENCY. Director
Hudson.
4. ADJOURN.
Prepared 06/30/17
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Town of Estes Park, Larimer County, Colorado, June 27, 2017
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 27th day of June, 2017.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
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
Absent: None
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.
Town Clerk Williamson requested an additional action item to consider the appointment
of the Transportation Advisory Board Interview Committee to fill a recent resignation. It
was moved and seconded (Jirsa/Koenig) to amend the Agenda to add the
Transportation Advisory Board Interview Committee to the Action Item agenda, and
it passed unanimously.
PUBLIC COMMENTS.
Tom Gootz/Town citizen requested a discussion begin on the percentage of renewables
used by Platte River Power Authority (PRPA) and a long-term goal to reduce coal usage.
Gordon MacAlpine/Town citizen read a prepared statement related to renewable energy,
stating the cost to produce has decreased, while the cost of coal and natural gas are less
stable and likely to increase. He requested PRPA develop a comprehensive plan for
Estes Park to be 100% renewable by 2030-2035 similar to the plan being developed for
Fort Collins.
Tom Street/County citizen reiterated the need for 100% renewable energy and urged the
Town Board to pass a resolution in support of the effort.
Reuben Bergsten/Utilities Director reminded the community of the renewable energy
program and encouraged electric customers to sign up for the program.
The following individuals spoke in support of Visit Estes Park (VEP) Steve Kruger/LMD
Board Chair, Katlin Kruger/EALA member, Lindsay Lamson/Local Marketing District
(LMD) Board member, Sean Jurgens/LMD Board member, Bill Almond/County citizen
and former LMD Board member, Donna Bryson/Town citizen and Wendi Bryson/VEP staff
read a prepared statement for Ken Larson/Town citizen, Jean McGuire/VEP staff read a
prepared statement for Anne Morris, Carrie Arnold/Town citizen, Ken Arnold/Town citizen,
Daniel Pliske/County citizen read a statement for Paul Chubbock, Paul Scheil/EALA
member, Michael Fogarty/County citizen read a prepared statement for Patrick and
Melynn Murphy and Elizabeth Fogarty/CEO & President of Visit Estes Park. Comments
included support for CEO/President Elizabeth Fogarty and her staff, the VEP annual
report demonstrates positive metrics for the district, denouncing the inaccurate and
unfounded statements in the editorial by the Trail Gazette, requesting the removal of DRAFT3
Board of Trustees – June 27, 2017 – Page 2
Town appointed Board member Charley Dickey, and the district responds to information
requests and remains transparent.
Art Messal/Town citizen stated concern with the recent RFP released by the Town for a
workforce housing project at the Fish Hatchery property. He would suggest the Town
engage in a dialogue on the issue of workforce housing prior to moving forward.
Michelle Hiland/Town citizen stated she continues to ask for the VEP budget and to date
has not received a copy.
TOWN BOARD COMMENTS
Trustee Norris recommended the Town request a customized energy plan from PRPA.
He stated the Community Development annual report has been completed and
recommended the Board review the report. The Estes Valley Planning Commission
would hold a special meeting on June 30, 2017 to review large vacation home
applications, and would hold its next regular meeting on July 18, 2017. The Family
Advisory Board would hold its next meeting on July 6, 2017. He reminded the public to
be aware of bear activity in the area.
Trustee Walker stated the Western Heritage Committee thanked the Town Board for
providing the improved arena dirt. The Rooftop Rodeo would begin July 5, 2017 with the
Rodeo parade.
Mayor Jirsa attended the annual CML conference along with Town Administrator
Lancaster, Assistant Town Administrator Machalek and Trustee Nelson. He stated he
would bring forward items discussed during the conference for the Board’s consideration.
Trustee Holcomb commented the Transportation Advisory Board meet June 22, 2017.
The new parking garage would officially open on July 14, 2017.
TOWN ADMINISTRATOR REPORT.
The parking garage would open on July 1, 2017 for the holiday weekend and final
completion scheduled on July 14, 2017.
1. CONSENT AGENDA:
1. Town Board Minutes dated June 13, 2017 and Town Board Study Session
dated June 13, 2017.
2. Bills.
3. Committee Minutes.
a. Public Safety, Utilities and Public Works Committee Minutes dated, June
8, 2017.
4. Transportation Advisory Board Minutes dated May 17, 2017
(acknowledgement only).
5. Parks Advisory Board Minutes dated June 1, 2017 (acknowledgement only).
6. Estes Valley Planning Commission Minutes dated May 19, 2017
(acknowledgement only).
7. Parking Structure Utility Box Art Application Approval.
8. Resolution #19-17 Setting the Public Hearing date of July 11, 2017 for a New
Liquor License filed by Park Theater Mall LLC dba Historic Park Theater &
Café, 130-132 Moraine Avenue, Estes Park, CO 80517.
DRAFT4
Board of Trustees – June 27, 2017 – Page 3
9. Resolution #20-17 Adopting the United States Department of Agriculture
(USDA) Standards for Procurement, Bidding and Contract Awards for USDA
Grant Funded Rural Water Projects.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS.
1. CHANGE IN LOCATION OF A TAVERN LIQUOR LICENSE FILED BY PARK
THEATER MALL LLC DBA HISTORIC PARK THEATER & CAFÉ, FROM 130-
132 MORAINE AVENUE, ESTES PARK, CO 80517 TO 116 E. ELKHORN
AVENUE, ESTES PARK, CO 80517. Mayor Jirsa opened the public hearing.
Town Clerk Williamson reviewed the application to change the location of the
current tavern liquor license, stating all paperwork and fees have been submitted.
The Mayor closed the public hearing. After further discussion, it was moved and
seconded (Holcomb/Norris) to approve the Change of Location of the Tavern
Liquor License filed by Park Theater Mall LLC dba Historic Park Theater &
Cafe to 116 E. Elkhorn Avenue, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. RESOLUTION #21-17 & ORDINANCE #19-17 RAVEN ROCK ADDITION
ANNEXATION. Mayor Jirsa opened the public hearing. Planning
Consultant McCool reviewed the application to annex 10.90 acres of vacant
land zoned A-Accommodations. The property owner would install all on-site
and off-site facilities, such as water, wastewater, stormwater, and other
utilities. The property borders Mary’s Lake Road which would require the
property owner to dedicate additional right-of-way of 70 feet with any new
Development Plan. The property owner has requested modifications to the
standard annexation agreement to include under item 3 a 20-foot utility
easement would be provided if necessary and item 4 shall be reworded to
include that all future extensions of utilities are the responsibility of the
owner. Mayor Jirsa closed the public hearing. Attorney White read the
Ordinance into the record. It was moved and seconded (Koenig/Holcomb)
to approve Resolution #21-17 and Ordinance #19-17 annexing Raven
Rock Addition with a condition of approval to include revisions to items
3 and 4 of the Annexation Agreement as outlined above, and it passed
unanimously.
B. ORDINANCE #20-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING MAXIMUM BUILDING HEIGHT IN
THE RM (MULTI-FAMILY) ZONING DISTRICT. Director Hunt reviewed the
revisions to the Estes Valley Development Code to address the Estes Park
Housing Authority’s (EPHA) concerns with the previous code revision
language that would have jeopardized the Authority’s ability to utilize federal
funding for attainable housing projects and receive the height incentive. The
proposed Exhibit BC would provide two distinct code sections to address the
incentives for attainable and workforce housing. Both sections state a
developer would have to choose to build all attainable units or all workforce
housing units, and could not mix and match the two types of housing. An
attainable-qualified project with federal funding cannot be restricted to
workforce housing.
Michael Moon/Estes Valley Planning Commission (EVPC) Chair requested
the Town Board remand the issue back to the Commission for further review
and public comment to ensure a code amendment that would address the
needs of the EPHA while ensuring the incentives create additional workforce
housing and not more market rate condominium developments for use as DRAFT5
Board of Trustees – June 27, 2017 – Page 4
second homes or vacation homes. Workforce housing has not been
developed over the past decades with federally funded projects, therefore,
incentivized private funding along with the density and height bonuses
should create an economically feasible project for developers.
Greg Rosener/Economic Development Corporation (EDC) commented the
original proposal eliminates the use of federal funds in the form of tax credits
to be used by EPHA to build attainable housing. He stated the Town should
ensure the option remains available.
Rita Kurelja/EPHA Director spoke in favor of Exhibit BC which allows
attainable housing developments to receive the height bonus and take
advantage of federal funding. The current attainable housing developments
contain 163 units with 143 having at least one household member that works
in the Estes valley.
Bob Levitt/EVPC Commissioner stated the Commission did not receive input
from the EPHA or EDC during the review of the proposed amendments to
the code and was unaware of the impacts the code amendments would have
on federal funding. He requested the Town Board remand the issue back to
the EVPC for further review.
Lindsay Lamson/County citizen would support revisions that would not limit
the development of all types of housing and include all financing options. He
recommended Exhibit BA with a sunset clause in 18 months.
Bill Pinkham/EPHA Board member stated the community needs both
attainable and workforce housing to meet the needs of the community.
Sharry White/EVPC Commissioner concurred it would have been helpful to
have the information provided by the EPHA during the Planning Commission
meetings. She requested the item be remanded and the Planning
Commission work with the EPHA to develop new revisions to the
Development Code.
Aaron Freimark/Barrel Manager stated the local businesses continue to have
difficulty in finding housing. He also stated concern with the number of J-1
workers living in one house because of the lack of housing. The discussion
should address all housing issues, including full-time and seasonal.
Charley Dickey/Town citizen would support Exhibit BC and would not
support an 18-month sunset provision.
Jon Nicholas/EDC President/CEO stated the EDC attended the study
sessions but was not allowed to participate; however, staff meet with Director
Hunt to discuss the issues. There are four major areas to consider: 1)
availability of land; 2) capital; 3) the market demand; and 4) incentives. The
removal of any funding mechanism in providing additional affordable housing
would be detrimental.
Steve Lane/Basis Architect commented on the need to keep it simple, allow
flexibility and consistency. The additional third floor makes a significant
difference to developers.
Jim McGibney/County citizen stated the third story would provide a better
development and be more productive because of the increase cost of
construction. He encouraged the Board to adopt a code that would allow for
all financing options.
Board discussion followed: Trustee Norris would support the code
amendment to remove barriers in the development of additional housing;
would request staff work with EPHA and EDC to expand options; and would DRAFT6
Board of Trustees – June 27, 2017 – Page 5
support a sunset clause. Trustee Nelson stated Exhibit BA recommended
by staff would simplify the code and provide incentives without eliminating
funding options. He would not support a sunset provision. Trustee
Martchink commented the code revision lacks a definition for workforce
housing and sets no limit on the number of hours someone must work within
the Estes valley to qualify. He stated Exhibit BC would be a compromise.
Trustee Walker would support Exhibit BC-a with an 18-month sunset and
include a 30 hour per week requirement to qualify for workforce housing.
Mayor Jirsa recommended the issue be remanded to the EVPC for further
review.
Mayor Jirsa closed the public hearing. It was moved and seconded
(Holcomb/Martchink) to approve Ordinance #20-17 to amend the Estes
Valley Development Code as stated in Exhibit BC, and it passed with
Mayor Jirsa and Trustees Nelson and Walker voting “No”.
4. ACTION ITEMS:
1. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE
APPOINTMENT. The Town received a resignation from Gregg Rounds on June
25, 2017. His term would have expired on March 31, 2018. Staff has requested
the Board fill the position because of the ongoing work in developing a Master
Parking plan. It was moved and seconded (Nelson/Walker) to appoint Trustee
Holcomb and Norris to the Transportation Advisory Board, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:54 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT7
Town of Estes Park, Larimer County, Colorado June 27, 2017
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 27th day of June, 2017.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, Manager Wells, and Town
Clerk Williamson
Absent: None
Mayor Jirsa called the meeting to order at 5:15 p.m.
UPDATE ON THE DOWNTOWN NEIGHBORHOOD PLAN.
Planner Gonzales provided a brief updated on the development of the Downtown
Neighborhood Plan, and stated Winters and Company held a public workshop in
February with 50 attendees. Winters completed the Estes Park Downtown Plan
Existing Conditions summary in February. An additional workshop was held in April
with 60 attendees that represented stakeholders. Common themes were developed
and consistency on the vision of the downtown was heard, such as the west end – arts
and cultural district, south end – craft beverage industry, downtown – main retail core,
wayfinding needed, and the downtown is underutilized and multi-use should be
considered. On June 14, 2017 Dr. Bruce Race of RACESTUDIO provided the
Downtown Plan Steering Committee a presentation on resilient planning and discussed
multiple disasters and how they impact communities. The presentation would aid in the
development of a plan to mitigate and plan for future disasters. Winter has begun to
draft the Downtown Plan for review by the Steering Committee and a public review in
August. The final plan would be completed by December for review by the Board.
PROCESS AND PROCEDURE FOR FUNDING OUTSIDE AGENCIES (INCLUDING
COMMUNITY SERVICE GRANTS). Assistant Town Administrator Machalek lead a
discussion on the philosophy of funding support for outside entities (Community Service
grants); if funding continues are the categories/focus areas (Art & Education, Human
Services, Housing, Transportation and Youth) still appropriate; should the entire Board
review the applications, and if so, the application process should be simplified to reduce
the review time; should the funds be distributed through standardizing the existing
process, a three-fund approach (base funding, community project funding, and event
sponsorship funding) or a one/two fund solution; and should the annual budget be
determined by a percentage of the General fund, a flat amount, or a flat amount with a
growth factor. Staff has reviewed other local government practices and found there are
many models, each unique to the community. The average funding is 1.17%. In 2017,
the Town funding was 1.27% of the General fund for Community Services grants, which
did not include the in-kind funding provided.
Town Administrator Lancaster suggested the Board could make a distinction between
the services the Town purchases; e.g. Via, Fire District, Estes Park Housing Authority,
etc. versus the philanthropic funds provided to entities such as the arts. Items that are
services could be placed in the budget as a line item.
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Town Board Study Session – June 27, 2017 – Page 2
Board discussion has been summarized: would support grants if they support the
strategic plan; items budgeted annually should be line items, such as Via transportation
services; philosophically the Town should not fund outside entities, however, entities
that provide services to the Town need to show local support in many cases in order to
apply for other grant funds; entities should secure funding from other sources before
requesting funds from the Town; categories may be too general and provide a false
impression to the public that each category would receive the same level of funding; the
Town may provide seed money for an organization and then another funding source
could provide support in the future; block grants could be used rather than the
categories; entities receiving funds should be a non-profit located within the Estes valley
or demonstrate how they are positively impacting the citizens of the Estes valley; the
Town should not fund other taxing districts; the Board should discuss whether to fund
strategic plan items first and then Community Service grants or to place grants in the
budget first; in-kind services should be discussed at the Leadership level to determine if
the department can provide the service; concerned with funding entities through a line
item and the possible lack of accountability; and funding for all entities, including line
items, should complete an application.
Staff would develop a draft policy for Board review that includes the recommendations
of the Board, including base funding and project funding.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
Trustee Holcomb stated the Board had discussed a Housing Coordinator at a previous
study session, and it was noted if the Town took the lead it would be responsible for
paying for the position. The Economic Development Corporation (EDC) housing
committee would discuss who should take the lead and fund the position. Administrator
Lancaster noted the Town would hire a Senior Planner that may be responsible for
coordinating housing efforts for the Town as part of their job description.
FUTURE STUDY SESSION AGENDA ITEMS
None.
There being no further business, Mayor Jirsa adjourned the meeting at 6:40 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, May 3, 2017
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 3rd day of May, 2017.
Present: Laurie Dale-Marshall
Karen Randinitis
Jessica McGee
Nancy Almond
Courtney Hill
John Bryant
Bin Greer
Floyd Collins
Rachel Balduzzi
Jodi Roman
Marion Stallworth
Also Present: Ron Norris, Town Board Liaison
Travis Machalek, Assistant Town Administrator
Suzanna Simpson, Administration Executive Assistant
Absent: Shannon Faith
Assistant Town Administrator Machalek started the meeting at 10:03 a.m. Informal
meeting with no action to be taken as meeting processes will be set (and officers will be
elected) at the first meeting after Town Board adoption of the Family Advisory Board
bylaws.
Welcome and Introductions
Town Board Liaison Norris provided opening comments and thanked members for their
participation. He explained his role as liaison was to ensure communication between
this board and Town board. This advisory board will set agendas and focus on the
pertinent issues affecting families in Estes Park. Trustee Norris also recommended that
board members become familiar with the Town’s strategic plan as action items from this
advisory board will need to be tied to the strategic plan to receive priority from the
Town board.
Trustee Norris facilitated introductions and roundtable discussion by asking board
members various questions about what they feel is most important for a Family
Advisory Board, along with general background information for each board member.
Responses from the board included communication, openness to put aside bias,
accountability, coming up with “outside of the box” solutions, and tapping into
individual strengths.
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Family Advisory Board – May 3, 2017 – Page 2
Member Collins thanked Trustee Norris for his efforts into putting together a well-
rounded advisory board.
Trustee Norris stressed the importance of effective communication and fostering an
environment of diversity. Member Hill inquired as to whether there was any interest
from Hispanic community members to be on the board. Trustee Norris indicated there
was possibly interest but also hesitation and stressed that the board has room to grow.
Discussion continued on representation of segments of the Hispanic community and
how to engage with those community members. This was identified as an immediate
priority for the board, in addition to representation from all segments of the community
including youth and seniors.
Process and Staff Role
Assistant Town Administrator Machalek went over the role of Town of Estes Park staff
and basic administrative processes of the board. He also advised the board that
Colorado Open Meetings procedures apply to all Town of Estes Park advisory boards.
This includes having all conversations that include all board members in a public setting
– so it is important not to “reply all” to emails. For information that needs to be sent to
all board members, please send to Executive Assistant Simpson to send to the board,
otherwise, discussions involving all board members should be held until scheduled
board meetings.
Bylaws
The board reviewed and commented on the draft bylaws.
Member Hill brought up the need for clarification of the term “working families.” The
term is intended to address all manner of working families in the Estes Valley. After
discussion, it was agreed to strike the term “working families” in order to be inclusive of
all families.
Member Greer questioned the appointment process and requested clarification on the
Town’s role in appointing members, both initially and moving forward. Trustee Norris
clarified that as an advisory board to the Town board, all members would be
interviewed and approved by the Town board. Advisory board members are encouraged
to recommend members that they feel would enhance the group and align with its
mission. Member Greer further questioned why the processes outlined in the bylaws
were so elaborate and why the Town board was so heavily involved. Trustee Norris gave
historical context to the current advisory boards to the Town board. Member Almond
commented that some level of formality is needed for a board of this stature and that
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Family Advisory Board – May 3, 2017 – Page 3
she did not foresee the Town board denying membership to anyone recommended by
the advisory board. Member Dale-Marshall further commented that representation is a
priority and that advisory board members should trust in the process and continue to
build and foster trust as a group. It is most important that to ensure the board is a good
representation of the community.
Member Bryant expressed concern over the residential requirements as stated in the
bylaws referencing the school district; concerned that this could exclude parts of the
population. Discussion continued over the best way to ensure members are
representing the immediate needs of the Estes Valley. Member Collins reiterated that
the requirements are applicable to board members, not the segment of the community
that would be represented. No change will be made to this language.
Trustee Norris commented that he was impressed by the high level of priority placed in
on inclusivity by this board and will be sure to take that back to the Town board.
Member Hill requested clarification on language referring to policy development.
Assistant Town Administrator Machalek clarified that the advisory board would provide
direction for policy changes or creation to the Town board, which would then direct
staff. He cited code changes as an example.
Member Bryant inquired as to whether it would be required to have a mission and
vision. Trustee Norris recommended that the board add it as an agenda item for a
future meeting. Member Collins reiterated that a mission and vision were important to
convey to the community what the board was doing.
Member Roman suggested the creation of a survey to gather input from the public.
Member Bryant agreed that engagement should be an important focus for the board to
determine the appropriate direction and goals. Member Randinitis spoke about data
collection efforts with Communities that Care and how that could tie in to data needed
for the board. Further, she would like to use the information to eliminate overlap in the
community with regards to all nonprofits and committees and help them to focus
efforts. She recommended that board members view the Lafayette survey conducted
through Communities that Care on the Boulder County Public Health website. The
group discussed working with other partners that have similar missions to be sure
everyone is working together and not duplicating efforts. Member McGee will send the
Housing Needs Assessment to the group.
Member Bryant expressed concerns about workflow and communication, having to
adhere to open meetings and is worried that it will be prohibitive. Discussion continued
with the entire board in regards to communication. Assistant Town Administrator
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Family Advisory Board – May 3, 2017 – Page 4
Machalek reiterated that the earlier process discussed with Open Meetings refers only to
communications with the entire board – working groups of the advisory board are free
to have email conversations or use shared work product through services like Google
Drive or Dropbox. Member Bryant would like to hear from other advisory boards for
lessons learned and recommendations. Assistant Town Administrator Machalek stated
that we could invite Public Works Director Greg Muhonen, as well as any members
involved since the beginning of those boards.
Member Bryant inquired about the agenda process and how items are communicated to
the Town board. Assistant Town Administrator Machalek clarified that staff would
handle the process of moving items from the advisory board through the Town Board
agenda-setting process. Member Almond also inquired if there was any requirement in
bylaws to provide an annual report to town board. Assistant Town Administrator
Machalek confirmed that the Town board will conduct an annual review of the advisory
board and its work product, so the proactive approach of an annual report is
recommended.
Member Bryant suggested the addition of alignment with the Town’s strategic plan be
added to bylaws.
Member Greer stressed the need for the group to prioritize creative thinking despite the
structural restrictions. Trustee Norris agreed that the group should be creative in
concepts and discussions, but the procedures are in place to allow effective processes
and to be sure that recommendations to the Town board contain the appropriate data
and substance.
The bylaws will be added to the May 9 Town board agenda.
Future meetings
Future meetings will take place the first Thursday of each month from 3:30 p.m. to 5:30
p.m. beginning June 1. Meetings will be held in Room 203 at Town Hall unless there is
an existing conflict with the meeting space.
The meeting was adjourned at 11:47 a.m.
14
Town of Estes Park, Larimer County, Colorado, June 1, 2017
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 1st day of June, 2017.
Present: Karen Randinitis
Nancy Almond
Courtney Hill
John Bryant
Bin Greer
Floyd Collins
Jodi Roman
Marion Stallworth
Shannon Faith
Also Present: Celine LeBeau, Chair, Parks Advisory Board
Megan Van Hoozer, Administrative Assistant
Ron Norris, Town Board Liaison
Travis Machalek, Assistant Town Administrator
Suzanna Simpson, Administration Executive Assistant
Absent: Laurie Dale-Marshall
Rachel Balduzzi
Assistant Town Administrator Machalek started the meeting at 3:34 p.m.
Election of officers
It was moved and seconded (Bryant/Stallworth) to nominate Member Greer to serve as
Chair, and the motion passed unanimously.
It was moved and seconded (Hill/Collins) to nominate member Stallworth to serve as
Vice-Chair, and the motion passed unanimously.
Insights from other Advisory Boards
Parks Advisory Board Chair LeBeau offered suggestions to the group on facilitating
efficient and open meetings, expectations of time commitment, delegation of
duties/formation of committees and board representation. She also recommended
researching what other municipalities have done successfully when beginning a project.
Administrative Assistant Van Hoozer discussed the importance of communication on all
aspects of her support position to the board, especially as it relates to minutes. She
suggested that corrections/changes to the minutes be submitted prior to the meeting.
Executive Assistant Simpson confirmed, given the size of the group, this is the process
that will be adopted so that meeting time can be devoted to the business of the board.
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Family Advisory Board – June 1, 2017 – Page 2
Consideration of Mission, Vision, and Three Focus Areas
Assistant Administrator Machalek discussed the minor changes made to the bylaws by
the Town Board. Those included first removing from section V.c.7 the following
verbiage: “…provided, however, that if the Chairperson desires to speak for or against a
proposal which has been formally moved and seconded at a public meeting, the
Chairperson shall relinquish the chair to the Vice-Chairperson while he or she is
speaking.” Second was clarification on conflicts of interest to specify a financial interest.
Discussion followed on how the conflict of interest would be addressed by this board –
privately or in the meeting. It was determined that, if a board member thought that they
had a conflict, that board member should privately discuss the potential conflict of
interest with the Chair, Assistant Town Administrator Machalek, Trustee Norris or
Executive Assistant Simpson. The same would apply if a board member suspected
another board member of having a potential conflict of interest. Those board members
who do have a conflict of interest are expected to recuse themselves from any
discussions that would further the conflict.
Assistant Town Administrator Machalek recommended two primary Outcome Areas in
the Town’s strategic plan (Robust Economy and Outstanding Community Services) for
the board to consider as they seek to connect to the strategic plan. The other advisory
boards to the Town define their mission by the role stated in the bylaws; none have a
vision. The mission is used to craft policies, procedures and recommendations. Vice-
Chair Stallworth recommended that the board follow this process to get started and
then revisit in three to four months.
Chair Greer suggested that each member disclose their top three issues of priority for
the board. Vice-Chair Stallworth recorded the items and kept a tally of the most often-
repeated topics. Housing, child care, mental health, diversity/inclusivity and economic
vitality were the primary topics that came up in the discussion. Discussion continued
around how to narrow the focus of these topics and incorporate them into actionable
focus areas for the board. Chair Greer advised that the focus should be broad enough to
remain flexible. After continued discussion it was determined that the gap in available
services for families is a topic that covers many of the board members’ concerns,
therefore one focus area of the board should be to determine what those gaps are and
how to address them, with the more specific key areas outlined as a sub-categories that
each board member can address based on their skills and connections within the
community.
It was moved and seconded (Stallworth/Faith) to define the first area of focus for the
board as follows:
“To identify gaps in support services available to families in the Estes Valley.”
16
Family Advisory Board – June 1, 2017 – Page 3
The motion passed unanimously.
Assistant Town Administrator Machalek will prepare a draft document for the board to
work on as a group to aid in developing and pursuing the first focus area.
Other Business
Discussion took place on filling the vacancy left by Jessica McGee as well as the
remaining open positions on the board. It was moved and seconded (Stallworth/Collins)
to recommend the Town Board open up to two positions on the board and it passed
unanimously.
Next Meeting
The next meeting of the Family Advisory Board will take place Thursday, July 6, at 3:30
p.m. in Room 203 at Town Hall.
Seeing no further business, Chair Greer adjourned the meeting at 5:33 p.m.
17
18
TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: July 11, 2017
RE: Liquor Licensing: New Lodging & Entertainment Liquor License
Application for Park Theatre Mall LLC dba Historic Park Theatre & Cafe,
130 & 132 Moraine Avenue, Estes Park, Colorado
Objective:
Approval of a new Lodging & Entertainment liquor license located at 130 & 132 Moraine
Avenue, Estes Park, Colorado. Application filed by Park Theatre Mall LLC dba Historic
Park Theatre & Cafe.
Present Situation:
An application for a new Lodging & Entertainment liquor license was received by the
Town Clerk’s office on May 24, 2017. All necessary paperwork and fees were
submitted; please see the attached Procedure for Hearing on Application – New Liquor
License for additional information. The applicant is aware of the Town Board’s Training
for Intervention Procedures (TIPS) requirement and has completed the training.
A liquor license was previously held at this location by the applicant. At the Town
Board’s June 27, 2017 meeting, the Tavern license was relocated to 116 E. Elkhorn
Avenue for the operation of a new business, The Slab & Park Theatre Café. The
applicant has chosen to apply for the Lodging and Entertainment license because it
better fits the operations, i.e. theater.
Proposal:
Town Board review and consideration of the application for a new Lodging &
Entertainment liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Lodging & Entertainment liquor license. 19
Budget:
The fee paid to the Town of Estes Park for a new Lodging & Entertainment Liquor
license is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the annual
renewal fee payable to the Town of Estes Park for a Lodging & Entertainment Liquor
license is $869.
Level of Public Interest
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Lodging & Entertainment Liquor
license filed by Park Theatre Mall LLC dba Historic Park Theatre & Cafe be
approved/denied.
Attachments:
Procedure for Hearing
Application & Individual History Form
Map
20
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1. MAYOR.
The next order of business will be the public hearing on the application of Park
Theatre Mall LLC dba Historic Park Theatre & Cafe for a new Lodging &
Entertainment Liquor License located at 130 & 132 Moraine Avenue, Estes Park,
Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2. TOWN CLERK. Will present the application and confirm the following:
The application was filed May 24, 2017.
At a meeting of the Board of Trustees on June 27, 2017, the public hearing was
set for 7:00 p.m. on Tuesday, July 11, 2017.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.15 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CD – Commercial Downtown which allows this
type of business as a permitted use.
The notice of hearing was published on June 28, 2017 .
21
The premises was posted on June 30, 2017 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
22
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24
25
26
27
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30
TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: July 7, 2017
RE: Resolution No. 22-17 - Donation of Mrs. Walsh’s Garden From the
Community Foundation Trust to the Town
Objective:
Review and, if appropriate, adopt Resolution No. 22-17 which approves the donation of
property known as Mrs. Walsh’s Garden from the Community Foundation Trust (the
“Donor”) to the Town of Estes Park.
Present Situation:
The Donor acquired title to property located at 322 West Elkhorn Avenue in the Town in
the Fall of 2010. The property is known as Mrs. Walsh’s Garden (the “Property”). In
2001, the Property was subject to a Deed of Conservation Easement for the benefit of
the Estes Valley Land Trust which restricted use of the Property, in perpetuity, as
follows:
“Allowed Improvements. Grantor and Trust intend that the Property will be
improved and used as a garden/park accessible to the public.
Grantor may construct and maintain gardens and other appropriate and
compatible landscape features on the Property. Grantor may plant, cultivate,
irrigate and replant flowers, shrubs, trees and other flora, construct and maintain
pedestrian paths, construct and maintain retaining walls and borders, install
seating, lighting and water sources (provided all utility installations shall be
underground), and construct and maintain other similar facilities and amenities
suitable for a small, urban garden/park. Grantor may construct and maintain a
small public parking lot occupying approximately the westerly one-fourth of the
Property, to facilitate public use and enjoyment of the Property.”
Donor also maintains an endowment fund for the purpose of maintaining and repairing
the Property.
Donor has proposed to donate the Property to the Town pursuant to the terms and
conditions of the Property Donation Agreement. The Property Donation Agreement
provides as follows: 31
1. The donation of the Property to the Town will be at no cost to the Town.
2. The Town will be responsible for payment of the Title Policy premium
($533.00) and Closing Costs estimated to be $500.00.
3. Prior to Closing, the Property will be subject to a Restrictive Covenant that will
provide as follows:
“The Property shall only be used as a demonstration xeriscape garden for
native plants that are indigenous to the Rocky Mountain region.”
4. The Closing for the donation of the Property, if Resolution No. 22-17 is
approved, is scheduled for August 2, 2017.
5. The Town shall be responsible for all maintenance and repair of the Property.
Proposal:
The approval of Resolution No. 22-17 and receipt of the donation of the Property will
allow the Town to maintain the Property pursuant to the Conservation Easement and
Restrictive Covenant in perpetuity.
Advantages:
The donation of the Property to the Town will allow the Town to maintain this Property in
its location along West Elkhorn Avenue.
Disadvantages:
1. The Town will be required to maintain and repair the Property, in perpetuity, as a
demonstration xeriscape garden for native plants.
2. The Donor agrees to provide to the Town annual endowment distributions to
assist the Town in the maintenance and repair of the Property. The amount of
the annual distribution is estimated to be $35,000.
Action Recommended:
Board approval of the Resolution 22-17.
Budget:
The annual cost of maintenance and repair of the Property is estimated to be $35,000 a
year which will be offset by the annual distribution from the Donor’s endowment fund.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny Resolution No. 22-17.
Attachments:
Property Donation Agreement. 32
PROPERTY DONATION AGREEMENT
This Property Donation Agreement (“Agreement”) is entered into effective as of the date last
signed below (“Effective Date”) between Community Foundation Trust, a Colorado nonprofit
corporation (“Donor”), and the Town of Estes Park, Colorado, a statutory municipality (“Donee”).
1.Donation of Property. Under the terms and conditions of this Agreement, Donor agrees to
donate, give, transfer and convey to Donee, and Donee agrees to accept from Donor, the real property
described on Exhibit A, attached and incorporated by reference (having a street address of 322 W.
Elkhorn Avenue, Estes Park, CO 80517), together with the interests, easements, rights, benefits,
improvements and attached fixtures appurtenant thereto (collectively, the “Property”):
In addition, Donor agrees to donate, give, transfer and convey to Donee all of Donor’s interest,
if any, in the real property (“Other Property”) described on Exhibit B, attached and incorporated by
reference.
2.Title Matters. Donee has received Commitment #FCC25150582-2 (“Commitment”) for an
owner’s title insurance policy issued by Land Title Guarantee Company (“Title Company”) effective
June 26, 2017. Donor will use reasonable commercial efforts, at no additional cost to Donor, to satisfy
the Schedule B-1 Requirements listed in the Commitment by Closing. Donee shall be responsible for
all Title Company costs and charges associated with the title insurance policy.
3.Improvement Location Certificate. Donee acknowledges receiving from Donor a copy of the
Improvement Location Certificate for the Property prepared by Van Horn Engineering dated March
22, 2010.
4.“As Is” Condition of Property/Disclaimer of Warranties. Upon Donor’s conveyance of the
Property to Donee at Closing, Donee accepts the Property “AS IS” and “WITH ALL FAULTS,”
without any representations or warranties by Donor. Prior to Closing, Donee will have carefully and
thoroughly made such investigations and inquiries as Donee deems necessary concerning all aspects
of the Property which are or may be of concern to Donee, including, but not limited to: the physical
condition of the Property and improvements thereon; the environmental condition of the Property; the
location of the boundaries; any encroachments onto or off of the Property; the nature of the soil on the
Property; utility extensions and services; any easements and rights-of-way; compliance or non-
compliance of the Property with building codes, zoning regulations or other governmental regulations;
the status of water rights; the status of mineral rights; the suitability of the Property for Donee’s
intended use; and all other matters or things relating to the Property which are of conc ern to Donee.
All warranties, express or implied, including, without limitation, any implied warranties of habitability,
fitness for a particular purpose, merchantability, quality, quantity or condition, are disclaimed by
Donor and waived by Donee.
5.Restrictive Covenant. Donor has prepared a Restrictive Covenant (“Restrictive Covenant”) for
the Property, a copy of which is attached as Exhibit C and incorporated by reference. The Restrictive
Covenant restricts future use of the Property. The Restric tive Covenant will be recorded with the Clerk
and Recorder of Larimer County, Colorado immediately preceding the Bargain and Sale Deeds
referenced in Section 6 below. Donee acknowledges and agrees that it will accept title to the Property
subject to the Restrictive Covenant.
33
6.Closing. The Closing of this transaction (“Closing”) shall be held on August 2, 2017 at a
mutually agreeable time at the office of the Title Company, 772 Whalers Way, #100, Fort Collins, CO
80525, or at such other date and time as may be agreed upon in writing by the parties. At Closing,
Donor shall convey the Property to Donee by Bargain and Sale Deed. In addition, Donor shall convey
the Other Property to Donee at Closing by Bargain and Sale Deed. Donor will deliver possession of
the Property to Donee at Closing. As noted in Section 4 above, the Restrictive Covenant will be
recorded at Closing prior to the above-referenced Bargain and Sale Deeds.
7.Title Advisory. The surface estate of the Property may be owned separately from the
underlying mineral estate, and transfer of the surface estate does not necessarily include transfer
of the mineral rights or water rights. Third parties may hold interests in oil, gas, other minerals,
geothermal energy or water on or under the Property, which interests may give them rights to
enter and use the Property.
8.Prorations. There will be no prorations made at Closing.
9.Costs. Donee shall be responsible for payment of the following costs associated with this
transaction:
9.1 Owner’s title insurance policy premium (including the premium for any endorsements
requested by Donee).
9.2 Closing costs charged by the Title Company, documentary fee and recording fee.
9.3 2017 real property taxes for the Property based on the most recent mill levy and most
recent assessed valuation.
Donor shall be responsible for payment of water, electricity and any other utility charges
(collectively, “Utility Charges”) for the Property through Closing, with Donee responsible for all
Utility Charges following Closing.
Donor shall be responsible for all of its transaction -related costs not otherwise the
responsibility of Donee as listed above.
10.Maintenance and Repair. Donee shall be responsible for all maintenance and repair of the
Property following Closing in compliance with the Restrictive Covenant, the Deed of Conservation
Easement recorded with the Clerk and Recorder of Larimer County, Colorado on August 15, 2001 a t
Reception No. 2001070187, and any other applicable regulations and restrictions. The Community
Foundation of Northern Colorado, a Colorado nonprofit corporation (“CFNC”), maintains an
endowment fund for the purpose of maintaining and repairing the Property. Following Closing, Donor
will cause CFNC to make the customary annual endowment distributions to Donee to be used for
maintenance and repair of the Property, provided that such annual distributions are contingent on
Donee annually appropriating sufficient funds, in addition to the endowment distributions, to pay all
expected costs of maintaining and repairing the Property during the year of the distribution and
appropriation.
11.Risk of Loss/Condemnation. All risk of loss or damage to the Property shall be borne by Donor
until Closing. However, in the event of any damage to the Property prior to Closing, Donee shall have
the option, in its sole discretion, to (a) terminate this Agreement or (b) proceed to Closing, conditioned
34
upon Donor assigning all its interest in insurance or other payments for loss or damage to the Property.
In the event of condemnation or threat of condemnation of any part of the Property prior to Closing,
Donee shall have the option, in its sole discretion, to (a) terminate this Agreement or (b) proceed to
Closing conditioned upon any condemnation award being paid, credited, or assigned, as appropriate,
to Donee at Closing.
12.Default. In the event either party defaults under the terms of this Agreement, the other party
shall have all remedies at law or in equity. In addition, the defaulting party shall pay the non -defaulting
party’s costs and reasonable attorneys’ fees incurred as a result of the default whether or not litigation
is commenced.
13.Brokerage. Each party represents to the other that it has not engaged the services of any real
estate broker or agent in connection with the Property and/or this Agreement.
14.Prior Agreements/Merger/Amendment. This Agreement supersedes any and all prior
understandings and agreements between the parties and constitutes the entire agreement between them.
No representations, warranties, conditions, or statements, oral or written, not contained herein shall be
considered a part hereof. This Agreement may not be a mended, altered, or modified except by an
instrument in writing signed by the party sought to be charged therewith.
15.Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the parties
and their respective successors and assigns.
16.Survival of Terms. The terms of this Agreement shall survive Closing.
17.Governing Law. This Agreement shall be governed by, and construed in accordance with,
Colorado law.
[Signature pages follow]
35
DONOR:
Date: _______________, 2017 Community Foundation Trust, a Colorado nonprofit
corporation
By:
Ray Caraway, President
36
DONEE:
Date: _______________, 2017 Town of Estes Park, Colorado, a statutory
municipality
By:
37
EXHIBIT A
TO
PROPERTY DONATION AGREEMENT
Legal Description of Property
A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described
as commencing at the point where an extension of the dividing line between Block 3
and 28 in a Southerly direction intersects the South line of said Block 7;
thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a
distance of 337.08 feet to the True Point of Beginning;
thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn
Avenue;
thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of
Elkhorn Avenue;
thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block
7;
thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning.
County of Larimer, State of Colorado.
38
EXHIBIT B
TO
PROPERTY DONATION AGREEMENT
Legal Description of Other Property
All of Donor’s right, title and interest in and to any and all real property owned by
Donor and located within Section 25, Township 5 North, Range 73 West of the 6th
P.M., Larimer County, Colorado, except and excluding the following described real
property:
A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described
as commencing at the point where an extension of the dividing line between Block 3
and 28 in a Southerly direction intersects the South line of said Block 7;
thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a
distance of 337.08 feet to the True Point of Beginning;
thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn
Avenue;
thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of
Elkhorn Avenue;
thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block
7;
thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning.
County of Larimer, State of Colorado.
39
EXHIBIT C
TO
PROPERTY DONATION AGREEMENT
Restrictive Covenant
(Mrs. Walsh’s Garden - Estes Park, Colorado)
1.Background. Community Foundation Trust, a Colorado nonprofit corporation (“CFT”), owns
the real property legally described on Exhibit A, attached and incorporated by reference, having a
street address of 322 West Elkhorn Avenue, Estes Park, CO 80517, and commonly known as Mrs.
Walsh’s Garden (“Property”).
2.Covenant. CFT declares that the Property is subject to the following restrictive covenant
(“Covenant”) which touches and concerns the Property, runs with the Property and is binding upon
and for the benefit of all parties having any right, title and interest in and to the Property, their heirs,
personal representatives, successors and assigns:
The Property shall only be used as a demonstration xeriscape garden for native plants
that are indigenous to the Rocky Mountain region.
3.Enforcement. This Covenant is enforceable by CFT, its successors and assigns, through any
action at law or in equity against the then-current owner of the Property and, in any such action, the
Court shall award the prevailing party its costs and reasonable attorneys’ fees incurred in such action.
Dated this ____ day of __________, 2017.
Community Foundation Trust, a Colorado nonprofit
corporation
By:
Ray Caraway, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of __________________,
2017, by Ray Caraway, as President of Community Foundation Trust, a Colorado nonprofit
corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
40
EXHIBIT A
TO RESTRICTIVE COVENANT
(Mrs. Walsh’s Garden - Estes Park, Colorado)
Legal Description of Property
A portion of Block 7, in the Town of Estes Park, Colorado, more particularly described
as commencing at the point where an extension of the dividing line between Block 3
and 28 in a Southerly direction intersects the South line of said Block 7;
thence North 89 degrees 26 minutes West along said Southerly line of Block 7, a
distance of 337.08 feet to the True Point of Beginning;
thence North 16 degrees 31 minutes West 141.94 feet to the Southerly line of Elkhorn
Avenue;
thence South 77 degrees 09 minutes West 268.0 feet along the Southerly line of
Elkhorn Avenue;
thence South 0 degrees 05 minutes West 73.5 feet to the Southerly line of said Block
7;
thence South 89 degrees 26 minutes East 301.78 to the True Point of Beginning.
County of Larimer, State of Colorado.
41
RESOLUTION #22-17
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
DONATION OF PROPERTY
WHEREAS, the Community Foundation Trust, a Colorado non-profit corporation
(the “Donor”), owns certain real property located at 322 West Elkhorn Avenue, Estes
Park, Colorado known as Mrs. Walsh’s Garden (the “Property”); and
WHEREAS, the Donor wishes to donate the Property to the Town of Estes Park
subject to the terms and conditions of the Property Donation Agreement attached hereto
as Exhibit A and incorporated herein by reference; and
WHEREAS, the Board of Trustees has determined, pursuant to this Resolution,
to accept the donation of the Property pursuant to the terms and conditions of the
Property Donation Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK:
1. The Board of Trustees of the Town of Estes Park approves the donation of
the Property more fully described in Exhibit A from Donor pursuant to the
terms and conditions of the Property Donation Agreement.
2. The appropriate officials of the Town of Estes Park are hereby authorized to
execute the Property Donation Agreement and execute all documents
required to close the transfer of the Property from the Donor to the Town
pursuant to the terms and conditions of the Property Donation Agreement.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this ___ day of , 2017.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
42
FINANCEMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: 7/11/17
RE: Policy 670 - Cash and Investment Reserve and Contingency
Objective:
The purpose of this policy is to establish guidelines for minimum cash and investment
balances to help the Town weather an unexpected significant downturn in the economy
on a month-to-month basis. It provides a minimum cash and investment balance that
would allow the Town to continue operations while a measured and appropriate
response to the economic downturn is developed and put into action.
Present Situation:
The Town has a formal fund balance policy (Finance # 660 – Fund Balance) which sets
forth a minimum fund balance amount based on year end Generally Accepted
Accounting Principle (GAAP) financial statements. However, the detailed accounting
entries needed to compile GAAP basis financial information are only done once a year
as part of the year end preparation for the audit. This is not practical to do on a monthly
basis so an alternative minimum reserve guideline is needed on a month-to-month
basis.
The Enterprise Funds (Light and Power Fund and Water Fund) have reserve
requirements imposed upon them by debt covenants, including monthly reserve
requirements. However, the other Town Funds, such as the General Fund, the 1A
sales tax funds, the Fleet Maintenance Fund, etc., do not have ongoing monthly reserve
requirements.
Concerns have been expressed about the lack of a measurement statistic for these
funds on a month-to-month basis. The annual fund balance policy helps provide
security on a year-to-year basis but with the Town’s seasonal revenue streams, the
financial conditions can change month-to-month. A more timely reserve measure is
needed to provide the Town Board and Town management with more timely information
to facilitate their financial oversight responsibilities. This policy is intended to provide
that information.
43
Proposal:
To provide time to develop a well-planned and measured response to a significant
economic downturn, the proposed policy requires at least 2 months operations in cash
and investment reserves. This is applicable to all funds except for the Enterprise Funds
as mentioned above. It is felt that a 2 month reserve would effectively provide 3 or 4
months to make adjustments since not all the revenues would immediately stop at once.
The average monthly appropriation to be used as the basis for the measurement is 1/12
of the total amended budget appropriations for the applicable funds, including capital
outlay. After considering alternatives, it was believed that inclusion of capital outlay was
appropriate since the capital costs incurred would be paid out of the cash and
investment reserves.
The cash and investment reserve ratio will be reported to the Town Board and Town
management by the last day of the following month.
In addition to setting the reserve ratio, the policy includes a contingency plan to be put
into place if the ratio comes up short. The contingency plan includes actions that may
be considered when the target is missed for one month, two months, or more. These
actions must be tempered with professional judgement concerning the reasons the ratio
was missed. It is conceivable that a large one time expenditure, such as settlement of a
lawsuit or single contracted cleanup service, may cause the ratio to dip below the target.
Town management must have discretion to take appropriate actions with the particular
circumstances in mind. This contingency policy is intended to provide that flexibility
while still providing options to consider, especially if the event is longer lasting than a
short term occurrence.
Advantages:
•Enables the Town Board and Town Management to better exercise their financial
oversight responsibilities.
•Helps provide a financial safety net in the form of time should a major economic
downturn occur in the future.
•Increases transparency regarding Town financial health.
•Helps provide structure to the Town’s response to such an occurrence.
Disadvantages:
•Creates additional work for Town staff which does not contribute to day to day functional
activities.
Action Recommended:
Adopt Finance 670 - Cash and Investment Reserve and Contingency Policy by motion.
Budget:
No budgetary impact other than staff time.
Level of Public Interest 44
Public interest has been low but there will be individuals interested in the Town’s
monthly cash and investment reserves.
Sample Motion:
I move for the approval/denial of Finance Policy # 670 – Cash and Investment Reserve
and Contingency.
Attachments:
a)Finance 670 – Cash and Investment Reserve and Contingency Policy
b)Summary of Cash and Investment Reserve Ratios - 2013 through May 2017
45
Finance 670 Cash & Investment Reserve and Contingency Policy
0 Town of Estes Park, Finance
5/22/2017 Revisions:
Effective Period: Until superceded
Review Schedule: Annually
Effective Date: 07/11//17
References: Fund Balance Policy 660
FINANCE
670
Cash and Investment Reserve and Contingency Policy
1.PURPOSE
The purpose of the Cash and Investment Balance Policy is to establish guidelines for
minimum cash and investment balances to weather an unexpected significant downturn
in the economy on a month-to-month basis.
The Town has a formal fund balance policy establishing targeted minimum fund balance
amounts measured annually at year end on a Generally Accepted Accounting Principles
(GAAP) basis. However, such a GAAP measurement is not generally available on a
month-to-month basis. This Cash and Investment Reserve and Contingency Policy is
intended to be complementary to the annual Fund Balance Policy by providing a
measurement of monthly capability in addition to the annual measurement.
This policy also provides a general approach to respond to any adverse financial and
economic conditions in case the targeted balance is not met in any particular month. It
establishes a foundation of principles and goals upon which budgetary and fiscal
management decisions will be based.
2. POLICY
a)Definitions
i)Applicable funds includes the General Fund, Special Revenue Funds, and Internal
Service Funds. The Enterprise Funds (currently Light and Power Fund and Water
Fund) are excluded.
ii)Applicable fund cash and investment balance is the total balance of cash and
investments determined by adding the actual month end balances per the
bank/investment statements, adjusted for significant deposits in transit, outstanding
checks, and other significant reconciling items. The cash and investment balance for
the Enterprise Funds per the general ledger will be subtracted from the statement total
to arrive at the “applicable fund cash and investment balance”.
iii)Average monthly appropriation is the total amended appropriations in the budget for
the applicable funds, including capital outlay, divided by 12 months.
46
Finance 670 Cash & Investment Reserve and Contingency Policy
0 Town of Estes Park, Finance
5/22/2017 Revisions:
iv)Cash reserve ratio is defined as “applicable fund cash and investment balance”
divided by “average monthly appropriation”.
b)Applicability
This policy applies to the General Fund, Special Revenue Funds, and Internal Service
Funds, which are primarily supported by sales tax revenues, whether the revenue is
restricted for specific purposes or not. Sales tax revenues are more volatile and
susceptible to changes in the local economy than many of the other Town revenue
sources.
The Town’s utility operations are supported by user charges which vary based upon
customer consumption. In the case of a significant downturn in the economy, the
revenues would reflect the changes in consumption automatically. The utility operations
also have specific requirements in the debt agreements which address reserve
requirements for each utility operation. Recognizing that the utility operations are unique
from the other Town functions, they will be excluded from this cash and investment
balance policy.
c) Cash Reserve Ratio Target
Total cash and investments for the applicable funds will maintain a Cash Reserve Ratio
of 2.0 or greater (equivalent to two months).
3.PROCEDURE
a)Reporting
The cash reserve ratio will be calculated and reported to the Town Board by the last day
of the following month. This can be accomplished by inclusion of the ratio with other
monthly reports (i.e. the economic dashboard).
b) Contingency Plan
If balances should fail to meet the cash reserve ratio at the end of any month, the following
steps should be considered to mitigate potential impacts. The guiding principles behind
this contingency plan are to protect and enhance our community’s quality of life for the
present and future generations, achieved through careful planning, fiscal responsibility
and continuous monitoring and improvement.
Declines in revenues will be analyzed in conjunction with expenditure trends, in order to
consider the net impact to the Town’s financial stability. To the extent that expenditure
savings offset declines in revenue, reduction measures will not be implemented.
The following measures are only suggestions of the types of actions to be considered and
are subject to Town Administrator discretion, based upon the severity of the ratio
discrepancy, the expected length of the event, and other relevant factors. These are not
intended to be comprehensive and are only examples of the types of actions that can be
taken in response to the situation.
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Finance 670 Cash & Investment Reserve and Contingency Policy
0 Town of Estes Park, Finance
5/22/2017 Revisions:
i)Ratio missed target – one month
(1) Town Administrator may consider delaying discretionary purchases for one month
until the ratio is 2.0 or greater.
(2) Town Administrator may consider delaying the award and execution of new
contracts and / or projects.
(3) Town Administrator may consider delays in travel and training.
(4) Filling vacant positions may be delayed one month with Town Administrator
approval of all exceptions.
ii)Ratio missed target – two months in a row
(1) Town Administrator may consider implementing work furloughs as a temporary
cost saving measure.
(2) Town Administrator may consider reductions in seasonal staffing.
(3) Town Administrator may consider mandatory hiring freezes.
(4) Town Administrator may consider elimination of travel and training costs.
(5) Town Administrator may consider delaying of cash disbursements.
iii)Ratio missed target – three months in a row or more
(1) Town Administrator may consider eliminating existing capital projects. Depending
on the severity of the situation, this may include cancelling / delaying indefinitely
projects already under contract.
(2) Town Administrator may reduce/eliminate discretionary services until conditions
improve.
(3) Town Administrator may consider targeted service level reductions until conditions
improve.
(4) Town Administrator must approve all expenditures over $5,000 prior to ordering /
purchase as necessary and critical for continued operations of the Town.
(5) Town Administrator may consider, depending on the severity of the condition,
reductions in work force.
Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
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TOWN OF ESTES PARK
SUMMARY OF CASH AND INVESTMENT RESERVE RATIOS
FOR PERIOD FROM Jan 2013 to Dec 2016
Year Month Cash and Investments One Month Expenses Ratio
2013 Jan 12,083,344.03 2,936,399.50 4.1
2013 Feb 12,158,517.23 2,936,399.50 4.1
2013 Mar 11,845,847.11 2,936,399.50 4.0
2013 Apr 11,124,471.24 2,936,399.50 3.8
2013 May 17,620,068.69 2,936,399.50 6.0
2013 Jun 16,870,890.21 2,936,399.50 5.7
2013 Jul 15,760,081.47 2,936,399.50 5.4
2013 Aug 16,359,362.10 2,936,399.50 5.6
2013 Sep 16,571,996.57 2,936,399.50 5.6
2013 Oct 15,395,705.17 2,936,399.50 5.2
2013 Nov 13,385,271.10 2,936,399.50 4.6
2013 Dec 13,489,815.74 2,936,399.50 4.6
2014 Jan 14,116,816.70 2,902,999.75 4.9
2014 Feb 14,162,245.61 2,902,999.75 4.9
2014 Mar 13,518,494.94 2,902,999.75 4.7
2014 Apr 12,811,597.48 2,902,999.75 4.4
2014 May 14,136,129.31 2,902,999.75 4.9
2014 Jun 12,182,506.91 2,902,999.75 4.2
2014 Jul 11,753,403.37 2,902,999.75 4.0
2014 Aug 11,031,219.77 2,902,999.75 3.8
2014 Sep 12,542,758.78 2,902,999.75 4.3
2014 Oct 13,582,770.53 2,902,999.75 4.7
2014 Nov 14,144,165.81 2,902,999.75 4.9
2014 Dec 13,637,692.13 2,902,999.75 4.7
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TOWN OF ESTES PARK
SUMMARY OF CASH AND INVESTMENT RESERVE RATIOS
FOR PERIOD FROM Jan 2013 to Dec 2016
Year Month Cash and Investments One Month Expenses Ratio
2015 Jan 13,320,326.05 2,908,989.75 4.6
2015 Feb 17,594,039.69 2,908,989.75 6.0
2015 Mar 17,637,308.88 2,908,989.75 6.1
2015 Apr 16,511,423.44 2,908,989.75 5.7
2015 May 17,139,391.50 2,908,989.75 5.9
2015 Jun 16,173,958.60 2,908,989.75 5.6
2015 Jul 16,561,576.28 2,908,989.75 5.7
2015 Aug 17,100,835.91 2,908,989.75 5.9
2015 Sep 18,332,451.11 2,908,989.75 6.3
2015 Oct 18,791,618.80 2,908,989.75 6.5
2015 Nov 19,147,394.21 2,908,989.75 6.6
2015 Dec 17,675,276.83 2,908,989.75 6.1
2016 Jan 18,669,557.23 4,041,337.42 4.6
2016 Feb 18,743,238.20 4,041,337.42 4.6
2016 Mar 18,349,962.27 4,041,337.42 4.5
2016 Apr 18,933,870.43 4,041,337.42 4.7
2016 May 16,904,921.26 4,041,337.42 4.2
2016 Jun 16,932,057.77 4,041,337.42 4.2
2016 Jul 16,045,814.43 4,041,337.42 4.0
2016 Aug 15,665,194.76 4,041,337.42 3.9
2016 Sep 14,404,583.53 4,041,337.42 3.6
2016 Oct 13,837,784.81 4,041,337.42 3.4
2016 Nov 14,255,658.90 4,041,337.42 3.5
2016 Dec 13,265,577.89 4,041,337.42 3.3
2017 Jan 17,596,123.54 3,610,357.58 4.9
2017 Feb 16,588,787.96 3,610,357.58 4.6
2017 Mar 15,827,357.82 3,610,357.58 4.4
2017 Apr 16,045,396.50 3,610,357.58 4.4
2017 May 12,875,385.38 3,610,357.58 3.6
50