HomeMy WebLinkAboutPACKET Town Board 2017-02-28The 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 28, 2017
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 14, 2017 and Town Board Study Session
February 14, 2017.
2. Bills.
3. Committee Minutes.
A. Public Safety, Utilities & Public Works Committee Minutes dated, February 9,
2017.
1. Art in Public Places: 6 Pikas in the Park.
4. Transportation Advisory Board Minutes dated January 20, 2017 (acknowledgement
only).
5. Parks Advisory Board Minutes dated January 20, 2017 (acknowledgement only).
6.Estes Valley Planning Commission Minutes dated January 17, 2017
(acknowledgement only).
7. Resolution #03-17 Setting the Public Hearing date of March 28, 2017 for a New
Hotel & Restaurant Liquor License filed by Bird & Jim, 915 Moraine Avenue, Estes
Park, CO 80517.
Prepared 02/17/17
*Revised 02/24/17
**Revised 02/27/17
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
8. Resolution #06-17 Setting the Public Hearing date of March 28, 2017 for a New
Lodging & Entertainment Liquor License filed by Lazy B Chuckwagon and Show,
LLC, 600 W. Elkhorn, CO 80517.
9. Housing Authority Memorandum of Understanding (MOU).
2. REPORTS AND DISCUSSION ITEMS (Outside Entities):
1.PRESENTATION ON HOME RULE. Tami Yellico, CML Municipal Legal Services. Item moved to later
meeting.
2. LARIMER COUNTY COMMUNITY REPORT.Commissioner Donnelly.
3. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.Greg
Rosener.
3. PLANNING COMMISSION ITEMS.Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
A. RESOLUTION #04-17 INTENT TO ANNEX CLOUD NINE SUBDIVISION
ADDITION.Public Hearing scheduled March 28, 2017.
2. ACTION ITEMS:
B. ORDINANCE #07-17 REZONING FROM CO-COMMERCIAL OUTLYING RM-
MULTI-FAMILY RESIDENTIAL, LOT 35, GRAND ESTATES SUBDIVISION;
507 Grand Estates Drive; Equinox Community Investment, LLC/ Applicant.
Planner McCool.
4.ACTION ITEMS:
1. ORDINANCE #06-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE
§12.20.060 REMOVAL OF SNOW AND ICE.Chief Kufeld.
2. RESOLUTION #05-17 AMENDING AN INTERGOVERNMENTAL AGREEMENT
(IGA) WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT)
PERTAINING TO INSTALLATION OF TWO ADDITIONAL DYNAMIC MESSAGE
SIGNS ON US36 AND US34.Director Muhonen.
3. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE
APPOINTMENT.Town Clerk Williamson.
4. ORDINANCE #05-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE
§12.20.070 ACTS PROHIBITED ON SIDEWALKS, TO ADDRESS TEMPORARY
SIDEWALK ART.Assistant Town Administrator Machalek.
5. ADJOURN.
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Town of Estes Park, Larimer County, Colorado, February 14, 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 14th day of February, 2017.
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
Bunny Beers, Recording
Absent: Wendy Koenig, Mayor Pro Tem
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
TRUSTEE COMMENTS.
Trustee Holcomb board member for Partnership for Age-Friendly Communities, has
been elected President-Elect and would hold the position of President in 2018.
Trustee Nelson attended the Open Lands Advisory Board meeting where two small
grants were awarded to the Estes Lands Stewardship Association for their weeds
management identification booklets and the Estes Valley Community Garden project for
the gathering area.
Mayor Jirsa would attend the Mayor’s Summit on entrepreneurship, a program and
networking event hosted by Longmont Mayor Dennis Coombs. He would also attend
Unity in the Community, a group meeting in Longmont with approximately 1000
business, political leaders and non-profits in attendance.
Trustee Walker recognized Safeway on their contributions for a grant awarded to the
Estes Valley School District toward the purchase of virtual reality glasses.
Trustee Norris stated the Estes Valley Planning Commission would meet Tuesday
February 21, 2017.
Trustee Martchink stated the next Parks Advisory Board meeting would take place on
Friday, February 17, 2017 at 11:00 a.m. at the Events Center. The Board would
welcome their Youth Advisor Scott Miller. Agenda includes Mountain Festival and Utility
box artwork for the upcoming season.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster received a request from the Housing Authority to announce a
vacancy on the Board.
1.CONSENT AGENDA:
1.Town Board Minutes dated January 24, 2017 and Study Session January 24,
2017.
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Board of Trustees – February 14, 2017 – Page 2
2. Bills.
3. Committee Minutes.
A. Community Development/Community Services Committee Minutes dated,
January 26, 2017.
B. Audit Committee Minutes dated, January 30, 2017.
4. Estes Valley Board of Adjustment Minutes dated, January 10, 2017
(acknowledgement only).
It was moved and seconded (Holcomb/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS (Outside Entities):
1. LARIMER COUNTY COMMUNITY REPORT. Commissioner Donnelly. Item
moved to February 28, 2017 meeting.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #5. The Meadow Condominiums,
2758 & 2764 Kiowa Trail Marys Meadow Development, Inc./Applicant.
4. ACTION ITEMS:
1. FORMATION OF A FAMILY ADVISORY BOARD. Assistant Town Administrator
Machalek discussed the formation of a Family Advisory Board. Town worked with
Estes Valley Investment in Childhood Success to develop draft bylaws for Board
consideration. Minor change to the bylaws would address how the focus areas
are vetted and approved by the Town Board. He added Town staff would handle
taking and posting of minutes to the website which was a voiced concern from
the community.
Those speaking in favor of the formation included; Kristen Berg/County citizen,
Judy Smith/Town citizen, Ken Arnold/Town citizen, Judy Roman/Town citizen,
Elizabeth Fogarty/County citizen, and David Batey/County citizen. Comments
have been summarized: The town continues to lose families; would promote the
involvement of more young people in Town government; demonstrate the Town’s
invested in retaining the families who currently live and want to move here; the
new Board would create a formal avenue for families to share and provide
solutions; childcare options continue to be a need in the area; the Board would
provide continuity and direct access for families to the Town Board, and would
allow the public more input into what happens in the community, and young
families would sustain Estes Park.
Board discussion followed and has been summarized: Review the formation after
a year of operation; make sure the formation fits into the Board’s Strategic Plan.
It was moved and seconded (Norris/Holcomb) to approve the formation of a
Family Advisory Board, and it passed unanimously.
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Board of Trustees – February 14, 2017 – Page 3
2. ORDINANCE #04-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE
§12.16.010 STREET NAMES-MAP GENERALLY, TO ADDRESS
REGULATIONS REGARDING DISPLAY, INSTALLATION AND
MAINTENANCE OF OFFICIAL STREET-NAME SIGNS IN THE TOWN OF
ESTES PARK. Director Hunt presented a proposed code amendment to revise
the Estes Park Municipal Code to appropriately include regulation regarding
display, installation and maintenance of official street-name signs within the
Town. He stated the code is narrowly focused to address general language and
does not allow private parties to post signs at intersections or along non-public
streets that resemble street signs. The change has to do with emergency
response when the public unknowingly identifies an unofficial street sign to
emergency services. The change would not discourage the public from putting up
street signs in a suitable way. It was moved and seconded (Martchink/Norris) to
approve the Ordinance #04-17, and it passed unanimously.
3. TEMPORARY ENFORCEMENT POLICY FOR VACATION HOMES. Director
Hunt presented a policy whereby code compliance enforcement would be held in
abeyance during 2017, in order to allow adequate time for operating registrations
to be completed and to allow already underway vacation-home reservations and
contracts to be fulfilled in an orderly manner and scheduled. He stated that the
Town would not interfere with contractual agreements for 2017. The abeyance
does not keep staff from enforcing nuisance complaints and would not suspend
the registration process. It was moved and seconded (Nelson/Holcomb) to
approve the Temporary Enforcement Abeyance Policy for Vacation Homes,
to become effective immediately upon approval, and it passed unanimously.
4. POLICY #501 VISITOR CENTER RETAIL SALES AND DISPLAYS. Staff
recommended change to the Visitor Center Retail Policy to allow the sale of
Town logo items at the Visitor Center. Manager Salerno stated the intent
continues to be the sale of small souvenir-type items and Town Centennial logo
items to help raise funds in support of the Knoll-Willows Open Space legacy
project. Staff would sell tree logo items after the 2017 Centennial year. Town
Administrator Lancaster added staff used the National Parks Centennial licensing
for the Town Centennial logo licensing. He stated staff would look into licensing
for the use of the Town tree logo at a minimal licensing fee. It was moved and
seconded (Martchink/Holcomb) to approve Policy 501 Visitor Center Retail
be amended to include the sale of Town logo items, and it passed
unanimously.
5. ORDINANCE #05-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE
§12.20.070 ACTS PROHIBITED ON SIDEWALKS, TO ADDRESS
TEMPORARY SIDEWALK ART. Assistant Town Administrator Machalek
presented an amendment to the Estes Park Municipal Code pertaining to side
walk chalk art, which consists of any manner or medium of temporary art on
sidewalks. The Town has hosted events and utilized and encouraged the use of
sidewalk chalk. The amendment would provide a medium for quality public art.
Staff has collaborated with Parks Advisory Board, specifically Art in Public Places
policy to structure an ordinance change allowing temporary sidewalk art
approved by Parks Advisory Board, and the Town Board. In order to address
concerns an application process was developed to approve each piece of art. All
art must be non-permanent, have no definitive timeline and be non-toxic.
Ken Smith/Town citizen recommended expanding the amendment to include
street art in the downtown area and fairgrounds.
Board asked staff to investigate adding streets and bring the item back to Town
Board as an Action Item.
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Board of Trustees – February 14, 2017 – Page 4
It was moved and seconded (Norris/Holcomb) to continue the adoption of
Ordinance #05-17 to allow temporary sidewalk art to the February 28, 2017
meeting, and it passed unanimously.
6. APPOINTMENT OF TRUSTEE HOLCOMB TO REPRESENT THE TOWN ON
THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS.
It was moved and seconded (Walker/Norris) to appoint Trustee Holcomb to
represent the Town on the Economic Development Corporation Board of
Directors, and it passed unanimously.
7. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD
APPOINTMENTS. It was moved and seconded (Walker/Holcomb) to appoint
Trustees Norris and Martchink to the interview committee for the Family
Advisory Board, and it passed unanimously.
Town Administrator Lancaster requested the Town Board revise the Governance
Policy addressing Board assignments at the next Town Board meeting due to the
appointment of Trustee Holcomb to the Economic Development Corporation.
Whereupon Mayor Jirsa adjourned the meeting at 8:01 p.m.
Todd Jirsa, Mayor
Bunny Beers, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, February 14, 2017
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held at the
Town Hall in Rooms 202/203 in said Town of Estes Park on the 14th day of
February, 2017.
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, Attorney White, Recording Secretary Doering
Absent: Mayor Pro Tem Koenig
Mayor Jirsa called the meeting to order at 4:30 p.m.
Review of the 2017 Street Improvement Plan (STIP).
Engineer Stallworth provided a presentation on the proposed street improvements
utilizing the 1A sales tax funding through 2024 to bring all Town roadways to a minimum
70 Pavement Condition Index (PCI) rating. The current average PCI for Town roads is
67 and in 2008 the average rating was 81. The decline in pavement condition has
occurred due to lack of maintenance (crack sealing, overlays, patching, etc.) over the
past 9 years. Implementation of the street improvement plan would result in improved
road conditions throughout Town; extensive preventative maintenance would impact a
larger percentage of roadways, as opposed to focusing only on major reconstruction
projects; and the entire road system PCI would be increased.
For 2017, the proposed spending includes:
$1,000,000 - MacGregor Avenue Improvements ($450,000 for street improvements,
$300,000 from the Open Lands fund and $250,000 from the 1A Trails Expansion Fund
for the proposed trail improvements)
$100,000 - Crack Sealing of Town streets
$400,000 - Seal Coating 5 miles of Town streets
$400,000 - Hot Mix Asphalt overlay on 0.9 miles of Town streets
$200,000 - Personnel, equipment, etc.
$70,000 - Design costs
(Note: a 10% contingency has been included in the proposed project work).
Board discussion followed and has been summarized: questioned if chip seal is most
economical and recommended for residential roads; was the chip seal contractor’s
performance as expected; if there are additional funds can excel on the list of repairs;
questioned if Cleave Street was a consideration at this time; questioned the status on
the drainage issue at the home on Manford. Staff finds chip seal a useful technique and
can add traction; the chip seal contractors overall performance was good, crack seal
could have been better; if crack seal costs go down there would be acceleration on the
list; the Cleave Street project would require additional planning and funding to complete.
The Town awaits a response from the homeowner to proceed.
Municipal Code Changes:
Police Chief Kufeld discussed changes to the Wildlife Ordinance to address issues
regarding bears and grease bins. A discussion followed regarding lack of proper
containers available from commercial suppliers, citizens dropping trash on top of
containers and how to resolve moving forward issues.
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Town Board Study Session – February 14, 2017 – Page 2
Staff requested that Section 7.08.030 Poisoning Animals Prohibited be amended to
remove contradictory language. Trustee Walker brought up several issues with the
ordinance regarding horses, livestock and acreage. Chief Kufeld and Town
Administrator Lancaster stated these items would be investigated further and discussed
at another time.
Police Chief Kufeld and Attorney White proposed changes to sections of the Muni Code
referring to snow and ice removal. Proposed changes would include issues caused by
private plowers and damage caused, allowing the ability to enforce these items.
Discussion regarding sidewalk clearing, snow banks that block visuals and result in
accidents, liability and enforcement of current regulations ensued. Chief Kufeld
recommended these issues be changed as the community moves into the snowiest time
of year.
Attorney White reported on proposed changes to Sections 09.08 and 09.12 of the
Municipal Code dealing with disturbing the peace, disorderly conduct, obstructing public
streets, panhandling and solicitation on public and private property. The changes would
bring the Municipal Code into conformance with recent United State Supreme Court
decisions.
Mayor Jirsa requested the issue of lifetime dog licensing, microchipping and tattooing
be investigated further by Chief Kufeld.
Town Government Role in Economic Development as it Relates to the Estes
Valley EDC and other Organizations.
Town Administrator Lancaster questioned if the Town should have a role in economic
development and if so as a lead, supportive, reactive, or to not rule and let the market
decide. Board discussion followed and consensus reached to discuss the robust
economy section of the strategic plan and review the avalanche report at a future study
session to clarify the Boards position. Jon Nicholas(President/CEO Estes Park EDC)
informed the board of a vacancy on the Board of the EDC and questioned if the position
should be filled with a member of the Town Board. Trustee Holcomb volunteered to fill
the position and the item would be brought forward to a Town Board meeting for
approval.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Norris stated the Planning Commission would meet on February 21, 2017 and
he would be asking for the status of the Comprehensive Plan update.
There being no further business, Mayor Jirsa adjourned the meeting at 6:48 p.m.
Tami Doering, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, February 9, 2017
Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES &
PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in the Town Hall in said Town of Estes
Park on the 9th day of February, 2017.
Committee: Chair Koenig, Trustees Martchink and Nelson
Attending: Trustees Martchink and Nelson
Also Attending: Chief Kufeld, Directors Bergsten and Muhonen, Supervisor
Berg, Manager Ash, Engineer Stallworth, and Recording
Secretary Doering
Absent: Chair Koenig
Trustee Nelson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT
None.
PUBLIC SAFETY
Reports
Reports provided for informational purposes and made a part of the proceedings.
1. Chief Kufeld introduced Matt Golon, the newest member of the Police
department.
2. End of 2016 Year Statistics – Captain Pass stated Rocky Mountain National Park
would utilize the Police Facility booking room in 2017. The total Computer Aided
Dispatch (CAD) incidents are down from 2015 but above 2014. The number of
motor vehicle accidents are down but are on a consistent rise due to the
expanding community and increase in visitation. Two motor vehicle accidents
resulted in fatalities and several hit and runs, with the majority of these occurring
in parking lots. The clearance rate of cases in Estes Park continues to remain
above of the national average at 40%. A decline in crimes was seen in 2016, but
an increase in the seriousness of the crimes with property crimes highest; the
demographics of crimes have remained consistent, and a slight decrease in 911
calls but an increase in administrative calls. Captain Pass reported that the call
flow has changed which allows quicker notification for responders of a medical
incident. I Am Responding, a software program, has been implemented, which
has a quicker notification of fire incidents. Ambulance service would be added to
the software in 2017. Restorative Justice volunteer hours have increased over
2015 as the program continues to grow. The committee questioned utilizing the
Police Volunteer Auxiliary members to respond to noise complaints or other
evening issues. Chief Kufeld stated concern at sending a volunteer to respond to
a situation they are not properly trained to handle.
3. Estes Valley Crisis Advocates Annual Report – Executive Director Hankin was
hired to replace the former Executive Director Mesropian, who retired in 2016;
two new counselors and a bilingual advocate have been hired; and the capitol
campaign continues to supports the safe house. 2016 statistics include serving
313 survivors, 1,115 contacts, housed 25 women, two men and seventeen
children, provided 678 bed nights and 751 sessions of counselling and provided
36 adults with training. The annual fundraiser brought in over $25,000, and
continued fundraising has brought in an additional $5,807. The Endowment fund
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Public Safety, Utilities & Public Works Committee – February 9, 2017 – Page 2
has a balance of $42,268.82.
4. Verbal Updates and Committee Questions: Captain Rose stated the Northern
Front Range is noticing an increase in opioid overdoses, specifically heroin. The
department has received 40 doses of Narcan to administer and counteract the
overdose. Narcan can be administered to animals and children with no ill effects.
Chief Kufeld stated the department is working on filling two positions in patrol and
a dispatcher, with plans to increase staff during peak hours.
UTILITIES
Reports
1. Verbal Updates and Committee Questions: Director Bergsten reported the
following:
The implementation of the Smart meter/Smart grid continues to progress.
The Dig Once policy: Staff continues to develop the dig once policy and
procedure.
Highway 34 holiday opening allowed the department to look at the water
model and to identify two locations where work can be done to improve the
system.
Broadband engineering would be completed in 2018. Loveland is rebuilding
their system and schedules need to coordinate; however, fiber is running
through the conduit between Drake and Glen Haven at this time.
FEMA work has been pushed back five steps due to a corrupted file in the
database the State uses and presently at step three with a request for a
meeting to accelerate the process.
Water Superintendent Boles reported the original membranes that were
received arrived frozen on the truck. GE replaced the membranes and they
have been installed in the plant. A GE representative has been working on
modifications to work with the new membranes.
PUBLIC WORKS
RECOMMENDATIONS TO THE TOWN BOARD:
Art in Public Places - 6 Pikas in the Park. Manager McEachern stated Town
Administrator Lancaster recommended this be a part of the Centennial Celebration and
beyond. Six pikas would be located on Town property and the Parks Division voted
unanimously to approve. Installation would be done by Park staff in early April, and
Town Administrator Lancaster stated one to two private property owners need to give
approval to proceed. A brochure including clues and the history of each pika would be
available as well as pins designed by Planner Gonzales. The committee recommended
the Art in Public Places – Pikas in the Park, be included as a Consent Item on the
Agenda at the February 28, 2017 Town Board meeting.
Reports
1. Public Works Annual Report - Director Muhonen requested feedback for
information to be included in the Annual Report. Capital projects came in at
approximately $80,000 under budget in 2016 and $28,000 under in the 1A sales
tax revenue funds. Grants being managed in 2016 totaled $31 million which
includes the $17 million for the Loop project. Fish Creek project would require
additional matching funds which would come from the State. Street Division has
used the spray patcher to fill 1,928 potholes in 2015 and 1,516 in 2016. The
committee questioned the use of the spray patcher by private entities asking for
use of the spray patcher and this may be an option if costs are covered. The
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Public Safety, Utilities & Public Works Committee – February 9, 2017 – Page 3
Town continues to be on track to meet the Street Improvement Plan goal of PCI
70 by 2019. The Engineering division worked on $6 million in capital projects in
2016 and anticipates tripling in 2017.
2. Space and Staffing Needs Assessment - Manager Landkamer stated the existing
levels in Public Works have been evaluated by the Public Works Leadership
Team. Highlights include: creative process focused on customer service;
compared operation to industry standards; and obtaining one document to
manage and maintain all division staffing plans for the future. Space and
equipment needs were generated using a Public Works Facility Calculator and
results showed the need for additional space for the Utilities department,
additional staff and funding. Consultant McFarland, Space into Place, would
assist with the assessment on needs and space.
3. Verbal Updates and Committee Questions:
Manager Landkamer updated the Board on the new security camera system. The
system includes recording and a total of 60 cameras installed between Town Hall
and the Visitor Center. Engineer Ash and Director Muhonen presented an update
on the following items:
Moraine Bridge project held an open house and received feedback, decision
was reached for Alternative 6, two trails going underneath the bridge. The
project continues to be on track with the original schedule, with final plans to
be completed approximately June or July.
Feedback was received at an open house for the MacGregor and
Wonderview Avenues project, with the major concern being Wonderview
Avenue where a measure of safety level is needed to be installed, and
presently in negotiations with CDOT.
Digital Marketing Sign Board – Public Works has begun a public feedback
campaign for the three digital signs to be place in three locations. Signs would
be ordered in March and installed in June.
Fall River Trail showing heightened interest due to Great Outdoors Colorado
(GOCO) grant opportunities for construction. The consultant does not have
complete designs at this time to move forward in the grant process, but
anticipates the completion by the end of March.
Storm Water Master Plan consultants are gathering baseline data and are on
schedule for completion by the end of September.
Carriage Hill supplemental water supply plan has been approved and the
pond would be filled according to the plan.
The first structured pieces of the parking garage have been installed. Century
Link has started work on the fiber optic line issues and girders would be
placed on March 6, 2017.
Fish Creek Road and trail repair project – Total of nine box culverts to be
installed, three casts in place box culverts are done and Brodie Avenue
should be open to traffic by the end of the week. Target completion date
including the trail has been estimated for September, 2017.
Town Administrator Lancaster stated the RFP for Fish Hatchery is on hold as the
Housing Authority requested waiting for the Hydrology report.
There being no further business, Trustee Nelson adjourned the meeting at 10:18 a.m.
Tami Doering, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, January 20, 2017
Minutes of a regular meeting of the Transportation 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 20th day of January, 2017.
Present: Kimberly Campbell
Tom Street
Amy Hamrick
Gordon Slack
Belle Morris
Ken Zornes
Also Present: Bob Holcomb, Town Board Liaison
Greg Muhonen, Public Works Director
Kevin Ash, Engineering Manager
Travis Machalek, Assistant Town Administrator
Sandy Osterman, Shuttle Committee
Megan Van Hoozer, Public Works Admin. Assistant
Eagle Rock Students/Staff
Absent: Brian Wells, Shuttle Director
Gregg Rounds
Stan Black
Ann Finley
Chair Campbell called the meeting to order at 9:00 a.m.
It was moved and seconded (Slack/Morris) to approve the December meeting minutes
as presented and the motion passed unanimously.
Welcome Eagle Rock Students! Introductions and background information of TAB
committee members took place. Director Muhonen described the structure of the
community-led Transportation Advisory Board (TAB) as well as the responsibilities of the
Public Works Department and the Town Board representative(s).
Those attending on behalf of the Eagle Rock School’s Citizen Engagement Group: Aaron
Segura, Staff; Cindy Elkins, Staff; Courtney Russel, Associate; and students Amari, Lydia,
Mohammad, Sam and Brett.
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Transportation Advisory Board – January 20, 2017 – Page 2
The students were looking at ongoing, future engagement service to the community.
Observing the process of the TAB, as well as other advisory board meetings, is one of
the initial steps in that process. They were curious to know what youth can do to help
shape the community and for opportunities involving educational expansion.
GENERAL DISCUSSION
With regard to paid parking in downtown Estes Park, Sandy Osterman brought forth the
topic of the recent change from free to paid parking involving a parking structure in
Denver. There was no positive coverage of the change. Chair Campbell reinforced that
only seeing opposing viewpoints makes it difficult to properly gauge acceptance;
especially on contentious issues. ATA Machalek mentioned the need for a scientific
survey to appropriately gather feedback.
Disappointment was expressed with the seeming unwillingness of Rocky Mountain
National Park (RMNP) to commit in aiding the Town in troubleshooting transportation
issues. Chair Campbell stated that the National Park Service is not prepared to utilize
roundabouts on any public land which relates to the intersection at Mary’s Lake Rd and
Hwy 36. Chair Campbell reminded the TAB that this item could be added to the agenda
for future discussions.
SHUTTLE UPDATE: There has been a significant growth in the past 10 years of
ridership. In 2006 there were 18,764 riders while 2016 provided transportation to 96,264.
The effects of the 2017 budget cuts will mean summer service for the Brown Route will
end an hour earlier (8:59pm) saving the Town $22,000. There will also be no post-rodeo
and post-Scott Fest transportation. The Town Board reviewed the 2017 budget & added
$29,000 to provide a new route – the Green route - operating from 12:00pm to 5:00pm
daily, with trips every 15 minutes.
The Town will begin to utilize the newly implemented Digital Message Signs (DMS)
encouraging visitors to park at the fairgrounds and ride to the Downtown/Visitor
Center/Bond Park area. Brian Wells had been active in gaining shuttle sponsorship. The
business sponsors will be listed on the shuttle pamphlet. Member Morris suggested a
press release be distributed to announce the sponsorship opportunity.
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Transportation Advisory Board – January 20, 2017 – Page 3
PROJECT UPDATES, Kevin Ash, Engineering Manager
Moraine Avenue Bridge Replacement – Within the pedestrian walkway to be located
under Moraine Avenue, the Town was exploring a second bike lane. However, the lane
may impact water flow ability. More discussions would take place at the February 1st
Open House in Town Hall.
MacGregor Avenue Improvements: Multiple meetings with the consultant had taken
place to determine if curb & gutter would be needed on both the east and west sides of
the road or east side only. The trail would be constructed on the east side. Additional
discussions are set to take place at the Open House on February 3rd in Town Hall.
Answers and information would be gathered/decided prior to meeting.
Director Muhonen attended the Estes Valley Recreation and Parks District (EVRPD)
meeting and alerted the TAB that they had received approval by their Town Board to
pick up trail construction concurrent with our project, taking it from the town limits to
Lumpy Ridge.
Digital Message Signs (DMS): A news release will be issued reflecting the established
locations for the signs and will encourage public feedback. During February, the Town
will begin to utilize the Police Department signage for location feedback prior to final
installation. The location map is available on the Public Works website. The signs will
use a minimum of 8” letters and allow for 21 characters. As a result, the sign will be 3’8”
tall and 12’ wide.
2017 Street Improvement Program: There will be a presentation on this program at the
February 14th Town Board Study Session. All are welcome to attend.
Fall River Trail: The design consultant is tentatively scheduled to complete final design
plans by the end of March 2017. Effective February 1, 2017, there will be trail
connectivity grant opportunities through the Great Outdoors Colorado’s (GOCO) grant
program.
PROJECT UPDATES, Greg Muhonen, Public Works Director
Fish Creek Public Infrastructure Project: Director Muhonen gave the TAB a brief update
on upcoming work, including the addition of a precast concrete culvert Intersection will
be closed at Scott Ave/ and Fish Creek Rd. The flatwork for the trail along with road
repairs were expected to be complete by early summer 2017 while the remaining work
was set to be complete by September 2017.
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Transportation Advisory Board – January 20, 2017 – Page 4
Transit Facility Parking Structure: Warmer weather had allowed work to proceed on this
project. Director Muhonen stated that the timber design/installation would begin
shortly. After additional research and discussions, the Town was able to acquire
traditional joinery for the timber rather than black plates with big bolts. This option is
less expensive and has more aesthetic appeal.
OFFICER ELECTIONS: Kimberly Campbell would nominate herself for an additional term
as Chairperson. This nomination was seconded by Member Slack. Chair Campbell
informed the group that this would be the last term as Chairperson. All members were
in favor of the nomination.
For the Vice-Chairperson position of the TAB, Chair Campbell nominated Belle Morris
for an additional term. This nomination was seconded by Member Hamrick. All members
were in favor of the nomination.
TAB INITIATIVES
Downtown Estes Loop: Funding for the LOOP project was extended until 2021. Town
Board Liaison Holcomb stated that there is a Programming Decision Committee (PDC)
Meeting in August. The Right of Way process and design would need to be complete
prior to presenting the request for funding reacceleration to PDC. The process may take
until February 2018, but the Town is attempting to be ready by August 2017.
OTHER BUSINESS
Per Member Slack, the condition of Elkhorn Avenue implies that it should be repaired
sooner rather than waiting for the LOOP project. Director Muhonen suggested there
may be a possibility that CDOT could be reached to request resurfacing. Member Slack
anticipated that the road would be gravel before being addressed by the LOOP project.
Director Muhonen reminded all that CDOT has many high-need situations in much
larger communities and any action by CDOT would be more likely to happen if they
received large community feedback.
With no other business to discuss, Chair Campbell adjourned the meeting at 10:32 am.
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Town of Estes Park, Larimer County, Colorado, January 20, 2016
Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Town Board Room of the Estes Park
Town Hall, in said Town of Estes Park on the 20th day of January, 2017.
Present: Celine Lebeau
Carlie Bangs
Vicki Papineau
Ronna Boles
Merle Moore
Terry Rustin (via phone)
Also
Present: Patrick Martchink, Trustee Liaison
Greg Muhonen, Director of Public Works
Megan Van Hoozer, Public Works Administrative Assistant
Brian Berg, Parks Division Supervisor
Kevin McEachern, Operations Manager
Travis Machalek, Assistant Town Administrator (ATA)
Mike Dwyer, Sculpture Artist
Eagle Rock Staff/Students
Absent: Dewain Lockwood
Chair Lebeau called the meeting to order at 11:14 a.m.
NO PUBLIC COMMENT
GENERAL BUSINESS
It was moved and seconded (Papineau/Bangs) to approve the December meeting
minutes with corrections and the motion passed unanimously.
The Parks Advisory Board (PAB) welcomed the Eagle Rock Students and staff as they
observed the public process of conducting a board meeting.
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Parks Advisory Board – January 20, 2017 – Page 2
MOUNTAIN FESTIVAL UPDATE
Member Bangs stated that the Mountain Festival is moving along with planning and
solidification of the event. There has been no major changes since last month’s update
to PAB members. The question was posed whether or not tent rentals would be
necessary. Supervisor Berg stated he’d met with Events Center staff and the
recommendation was made by Director Rob Hinkle to utilize the Pavilion Stage for the
festival. He stated we’d look at the funding and revenue generated this year before we
plan for additional expenditures.
AIPP – CONCRETE PING PONG
Assistant Town Administrator Travis Machalek presented proposal for outdoor concrete
ping pong table(s). The tables would be anchored into the ground, are mainly graffiti-
proof, and are regulation size tables with a 50-year useful life. The cost is estimated to
be from $4,500 to $6,000 depending on the color/style.
There are multiple options for table placement:
Visitor Center East Side (multiple spots) – provides buffer for wind
Visitor Center West Side – there is a location for 2 ping pong tables creating a
Ping Pong park – no wind buffer, but more sunshine.
KIND Coffee East Side – would add to amenities, but there would be more
ground preparation required. Amy Hamrick is the owner of KIND Coffee and
loves the idea of having a concrete ping-pong table outside her location.
It is necessary to provide a prioritized list due to concerns expressed over the high
traffic locations prior to making a final determination.
Concerns were mentioned related to the replacement cost for paddles and balls. Some
ideas are:
Require a deposit and driver license in order to get the game materials.
Potential ‘gumball machine’ type dispenser for the ball disbursement that would
require a quarter be paid.
Bio-degradable balls
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Parks Advisory Board – January 20, 2017 – Page 3
AIPP – PIKAS IN THE PARK
Supervisor Berg presented the Arts In Public Places: Pikas In The Park applications.
The ‘pika’ artist, Mike Dwyer, brought wax molds of the six pikas being placed on public
land. Individual donations ($475 each) have been made. There are also six additional
pikas that were sponsored for private properties. The Parks Division will install all 12
bronze pikas with a weld anchor and drill into a medium with epoxy.
A brochure/handout is being created and will provided by the Visitor Center to all those
wishing to participate in finding Pikas In The Park. All pikas are named after historical
figures from the Estes Park community. Supervisor Berg walked the group through all
public locations for which approval was required. The plan would be for these bronzes
to be installed in early April - prior to the Centennial Celebration.
Artist Mike Dwyer stated the casting would take place starting within the coming weeks.
Town Administrator Lancaster will personally provide funding for the prize buttons/pins
given to the individuals who have found all the hidden pikas. A strategy is still being
developed surrounding the disbursement of the prize buttons/pins.
Member Rustin (via telephone) suggested a public display of the pikas be organized
prior to installation. The purpose would be to gain public acceptance.
A motion was made to approve the locations and to proceed to Town Board for approval
(Papineau/Bangs). All members were in favor.
AIPP – SIDEWALK CHALK
Assistant Town Administrator Travis Machalek presented a change to the municipal
code surrounding non-permanent signs, symbols, or marks to be applied to public
sidewalks. Currently sidewalk chalk is a violation of municipal code. The proposal would
loosen restrictions, but not create a free-for-all. All ideas for art / temporary sidewalk art
would require an application be submitted for review by the Parks Advisory Board
(PAB). The application would require a plan and timeline for removal.
Within the municipal code, the Town would take out the hard and fast timeline rules and
the need for only water-soluble application. This allows the PAB to provide a
determination on the appropriateness of the terms on a case-by-case basis while also
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Parks Advisory Board – January 20, 2017 – Page 4
giving consideration of business impacts. All the information provided has been
reviewed by the Town Attorney and conforms to legal codes.
With changes, a motion was made to approve the PAB role in the approval or denial of
applications and recommend the proposal be taken to the Town Board in favor of the
change. All members were in favor the recommendation.
OFFICER ELECTIONS
For the election of the Chairperson position of the PAB, Member Bangs nominated
Celine Lebeau with a second from Member Papineau and all were in favor.
For the election of the Co-Chairperson, Chair Lebeau nominated Merle Moore which
was seconded and all members were in favor.
TUNNEL LIGHTING
One disco light has been installed in the Riverwalk tunnel. The light is located in the
center of the tunnel and is operational in the morning. The individual disco light was
installed as a test to get community feedback. Initially, the idea was to have LED lights
during the day and would have five additional disco lights installed to show true impact.
At the time of the initial installation, the contracted electrician provided ability for
additional lights as well as speakers to be wired for music. All future work is dependent
on board and citizen feedback.
Per Member Moore, he has already received a good response from a visitor walking in
the tunnel. There are concerns about vandalism to the disco light, but there is a
preventative measure in place. Supervisor Berg shared that there is a highly durable
housing fabricated for the light providing a small hole for moisture drainage, and a large
enough space for the light to escape creating the patterns on the floor.
A motion was made and seconded (Bangs/Lebeau) to install the remaining lights in the
tunnel. All members were in favor.
UTILITY BOX
Member Boles presented a draft Request for Qualifications containing review notes
from Member Papineau. Member Boles suggested PAB review the information before
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Parks Advisory Board – January 20, 2017 – Page 5
the next meeting to enable question-answering and full discussion with all PAB
members. She stated she’d like to get something finalized at the February meeting.
There is a free test option for the utility box wraps per Bill Slater, a vinyl wrap company
owner with ties to James Frank, a local artist currently under contract. Not all questions
have been addressed, however since it is a test, there is no requirement to provide a
public ‘bid’ process. Slater stated that, for Estes Park, the wraps should last 7 years. If a
problem arises with the wrap, there is the ability to have replaced in one day.
There was continued discussion regarding how painting the boxes compares to the
wraps in durability/life expectancy. It was determined that the box outside the police
station would be the best place to conduct the test for the free wrap. The painted box
outside Ed’s Cantina is test enough for the paint and the confidence in its durability.
Town Board Liaison Martchink stated he viewed vinyl trash can wraps in West
Yellowstone, Montana. He wasn’t certain how long they’d been there, but they appeared
to be in pretty rough condition.
OTHER BUSINESS
Referencing the November 2016 meeting, the requested “Dismount Here” signage is in
the planning stage to determine the best application method to implement. At this point
it appears a heat decal applied with a blowtorch would properly adhere signage to the
sidewalk. Updates will be provided as progress is made.
Member Moore completed the final review of the Development Code Plant List and
Megan Van Hoozer will submit the finalized list to Estes Park Community Development
Department for review and approval. Moore asked that the minutes reflect his sincere
appreciation for Megan’s assistance in creating the final version of the plant list in
Windows Excel format.
With no other business to discuss, Chair Lebeau adjourned the meeting at 12:36 p.m.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
January 17, 2017
Board Room, Estes Park Town Hall
Commission: Chair Michael Moon, Vice‐Chair Russ Schneider, Commissioners Betty Hull, Doug
Klink, Steve Murphree, Sharry White, one vacant position
Attending: Chair Moon, Commissioners Schneider, Hull, Klink, Murphree, and White
Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales,
Planner Carrie McCool, and Recording Secretary Karen Thompson
Absent: Town Board Liaison Ron Norris, County Liaison Michael Whitley
Chair Moon called the meeting to order at 1:3 p.m. There were six people in attendance.
1.PUBLIC COMMENT
Paul Brown and Tim Hull, local residents, presented information regarding tiny houses. Mr.
Brown stated he would like to have a discussion with the Planning Commissioners and staff at a
future study session.
2.CONSENT AGENDA
A. Approval of minutes, December 20, 2016 Planning Commission meeting.
It was moved and seconded (Schneider/Murphree) to approve the consent item as
presented and the motion passed 5‐0 with one vacancy, and Commissioner White
abstaining.
B. Request to continue Development Plan 2016‐08, Dollar General, to the February Planning
Commission meeting.
It was moved and seconded (Klink/White) to approve the consent item as presented and
the motion passed 6‐0 with one vacancy.
3.REZONING REQUEST, LOT 35, GRAND ESTATES SUBDIVISION, 507 Grand Estates Drive
Planner McCool was the lead planner on this project. The applicant, Equinox Community
Investment, LLC (c/o Steve Lane) requests to rezone the parcel from CO–Commercial Outlying to
RM–Multi‐Family Residential. The applicant’s goal is to develop workforce housing at this
location. Planner McCool stated the requirement of a development plan was waived at this time
due to the small size and limited complexity associated with potential multi‐family development.
The Estes Valley Development Code (EVDC) allows a maximum of eight (8) dwelling units on the
site, or up to 16 units if classified as “attainable” housing. The development plan waiver applies
only to the rezoning; a development plan would still be required at the time the site layout is
determined. Planner McCool stated a legal notice was published in the local newspaper, and the
application was routed to affected agencies. Adjacent property owners were notified. Two
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
January 17, 2017
Board Room, Estes Park Town Hall
comments were received, one was supportive of the rezoning, and the other requested any multi‐
family development be limited to eight units. Affected agencies had no significant comments at
this time, but reserved the right to comment once a development plan was submitted. Staff
supports recommending this rezoning request to the Town Board.
Staff and Commission Discussion
None.
Public Comment
Steve Lane/applicant stated he has owned the property for nine years and has explored several
opportunities for commercial use. The use for multi‐family residential use is very viable.
Jim Docter/town resident agreed that multi‐family use is an excellent use for the property. He
suggested limiting the number of units to eight.
It was moved and seconded (White/Hull) to recommend approval of the rezoning request to the
Estes Park Town Board with the findings of fact and conclusions of law, as recommended by
staff and the motion passed 6‐0 with one vacancy.
4.REPORTS
A. Director Hunt reported on a vacation home code amendment that will be forthcoming.
B. Director Hunt provide an update on the Downtown Plan. The Steering Committee has looked
at draft sign code revisions. The Town will be looking at the sign code from Laramie Wyoming
as a possible draft for Estes Park. This could be a topic of discussion for the February Study
session.
C. Director Hunt provided a Floodplain Mapping update, stating the public meeting regarding the
hydrology study will take place late February or early March.
D. Commissioner White requested more discussion on tiny homes. There was a brief discussion
on this topic, with a comment being made regarding buy‐in from the Town Trustees before
moving forward with any proposed code amendment.
E. Commissioner Hull gave a brief report regarding her research on the Estes Valley
Comprehensive Plan.
F. Chair Moon will communicate with County Commissioner Donnelly regarding the vacant
Planning Commission position.
G. Director Hunt provided an update on the process for reviewing vacation homes with
occupancies of nine or more.
H. Commissioner Schneider thanked Commissioner Hull for her service to the Planning
Commission as Chair.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
January 17, 2017
Board Room, Estes Park Town Hall
There being no further business, Chair Moon adjourned the meeting at 2:38 p.m.
_________________________________
Michael Moon, Chair
___________________________________
Karen Thompson, Recording Secretary
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RESOLUTION #03-17
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New HOTEL & RESTAURANT Liquor
License, filed by BIRD & JIM LLC, 915 MORAINE AVENUE, Estes Park, Colorado, is
February 1, 2017.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 28, 2017, at
7:00 P.M., and that the neighborhood boundaries for the purpose of said application and
hearing shall be the area included within a radius of 4.7 miles, as measured from the center of
the applicant's property.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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RESOLUTION #06-17
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New LODGING & ENTERTAINMENT
Liquor License, filed by LAZY B CHUCKWAGON AND SHOW, LLC, 600 W. Elkhorn,
Estes Park, Colorado, is February 20, 2017.
It is hereby ordered that a public hearing on said application shall be held in the
Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 28,
2017, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said
application and hearing shall be the area included within a radius of 3.5 miles, as measured
from the center of the applicant's property.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Frank Lancaster, Town Administrator
From: Travis Machalek, Assistant Town Administrator
Date: February 28, 2017
RE: Memorandum of Understanding with Estes Park Housing Authority
Objective:
To approve minor changes to the memorandum of understanding (MOU) between the
Town of Estes Park and the Estes Park Housing Authority (EPHA).
Present Situation:
Staff from the both Town and the EPHA have been working on two minor changes to
the MOU between the two organizations. The changes pertain to billing for information
technology services and the mechanism by which the Town provides funding to the
EPHA.
The EPHA has been paying for the cost of information technology (IT) services provided
by the Town for the last two years. This is not reflected in the current version of the
MOU and an update is needed for accuracy. The Town’s Information Technology
division determines the cost for these services and bills the EPHA on a monthly basis to
cover these costs.
The change in funding mechanism would allow the Town greater flexibility in choosing
the manner in which it provides financial support to the EPHA. At this time, the MOU
stipulates that the EPHA must use the Town’s Community Services Grant funding
program to make any funding requests.
The EPHA Board approved the changes to the MOU on February 8, 2017.
The Community Development/Community Services Committee recommended approval
of these changes to the Board at their February 23, 2017 meeting as a consent agenda
item.
Advantages:
•Ensures adequate coverage of the Town’s costs to provide IT support to the
Housing Authority
•Allows greater flexibility for the Town in choosing how to fund the EPHA
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Disadvantages:
•None
Budget:
There is no direct budget impact to the Town from this item.
Level of Public Interest:
Low
Sample Motion:
Consent agenda.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK
AND
THE ESTES PARK HOUSING AUTHORITY
THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective this 28th day of
May, 2013, and revised on February 14, 2017 by and between the ESTES PARK
HOUSING AUTHORITY (“EPHA”) and the TOWN OF ESTES PARK (the “TOWN”), a
municipal corporation.
RECITALS
THE ESTES PARK HOUSING AUTHORITY was formed by the Town of Estes
Park on April 7, 1993 through resolution #15-93.
THE ESTES PARK HOUSING AUTHORITY’S mission Statement is:
‘ In order to create a balanced and sustainable community, the Estes Park Housing
Authority creates and facilitates housing opportunities for low to moderate income
households.’
THE ESTES PARK HOUSING AUTHORITY having been formed by the Town of
Estes Park, is charged to regularly investigate, research and monitor on an ongoing
basis the local housing market conditions, needs and gaps: to make recommendations,
offer solutions and fill the housing needs as they arise in order to meet the housing
needs of the Estes Park community. The EPHA, develops and manages housing
projects and programs for the residents of the Park R3 school district.
The TOWN has provided continual financial and administrative support to assist
EPHA in providing affordable housing services to area residents.
EPHA and the TOWN wish to clarify and document the level of anticipated
support given to EPHA by the TOWN.
IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE
INCORPORATED HEREIN, the TOWN and EPHA agree as follows:
1.Office Space. The TOWN agrees to provide, free of charge, office space to
EPHA. The location and size shall be determined by the TOWN after
consultation with EPHA. The TOWN will make reasonable efforts to
accommodate EPHA, but offers no guarantee of its ability to provide office space.
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The TOWN agrees to furnish, at no cost to EPHA, electric, heat, water, and
telephone services and telephone for the office space. EPHA is responsible for
its office furniture, supplies, equipment and computers. In the event office space
is not available in Town facilities due to Town needs, EPHA shall be responsible
for its own office space, including utilities.
2.IT (Information Technology) Services. The TOWN agrees to furnish, , networking
connectivity services for the use by the EPHA at the office space provided by the
TOWN. The cost for these services will be determined by the IT Department on
an annual basis and billed monthly to the EPHA.
3.Mail Services. The TOWN agrees to permit the EPHA to utilize the PO Box of
the TOWN (PO Box 1200) and to receive and send mail from the Town Hall
location or other location as the TOWN designates.
4.Legal Services. The TOWN agrees to pay for legal services provided by the
Town Attorney up to an annual maximum amount of $10,000. EPHA agrees to
only use the Town Attorney on a limited basis and not for any legal matters
regarding tenants, evictions, and regulatory issues. EPHA has utilized, and will
continue to utilize, outside attorneys for these listed issues. EPHA is solely
responsible for all fees charged by said outside counsel. EPHA agrees to refer
any matter to outside counsel which the Town Attorney, in his sole discretion,
determines that it is not appropriate for the Town Attorney to provide legal advice
to EPHA.
5.Copier and Fax Services. The TOWN agrees to allow EPHA to utilize copier and
fax services. EPHA agrees to pay for copies and paper.
6.Annual Funding. The TOWN agrees to consider an annual funding request
through whichever method/funding mechanism is appropriate. . The Town agrees
to inform the EPHA on how they wish to receive their funding requests. EPHA
agrees to continue to attempt to reduce its annual request for funding. The
TOWN makes no guarantee that any funds will be allocated to EPHA.
7.EPHA Employees Benefits Plan. To the extent permitted by law and the terms of
third party provider agreements, the TOWN shall allow EPHA employees to be
covered for all current Town benefits (medical, dental, vision, EAP, health club,
flex plans, etc.). EPHA shall reimburse the TOWN for all costs of the benefits for
EPHA employees plus an administrative fee equal to 3% of the medical benefits
for the management and administration of those services. EPHA understands
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and agrees that the TOWN shall not be responsible for any human
resource/personnel matters as part of its provision of the benefits. Neither EPHA
nor its employees shall seek advice or counsel from the TOWN with regard to
any human resource/personnel issues concerning EPHA employees. EPHA
specifically waives any claim against the TOWN and any individual employee,
consultant, agent, or volunteer of the TOWN for any act or omission in the
performance or non-performance of its benefit processing and administrative
services for EPHA employees.
8.Annual Appropriation. EPHA acknowledges and agrees that any requirements
for future appropriations by the Town to provide funding and/or services to EPHA
shall constitute only currently budgeted expenditures of the Town. No provision
of this MOU shall constitute a mandatory charge or requirement in any ensuing
fiscal year beyond the then current fiscal year of the Town. No provision of this
MOU shall be construed or interpreted as creating a multiple fiscal year direct or
indirect debt or other financial obligation of the Town within the meaning of any
constitutional or statutory debt limitation. This MOU shall not directly or indirectly
obligate the Town to appropriate funds beyond the Town’s then current fiscal
year.
9.Notice. Any notice required or permitted by this MOU will be deemed effective
when personally delivered in writing or three (3) days after notice is deposited
with the U.S. Postal Service, postage prepaid, certified, and return receipt
requested, and addressed as follows:
Estes Park Housing Authority Town of Estes Park
Attn: Executive Director Attn: Town Administrator
P O Box 1200 P O Box 1200
Estes Park, CO 80517 Estes Park, CO 80517
10.Annual Review. The Parties agree to meet, through their administrative staffs,
to discuss the terms and conditions of this MOU, any future issues, any other
issues needed to be addressed in this MOU, and make recommendations to the
Board of Trustees and the Housing Authority Commissioners for any appropriate
amendment to this MOU.
11.Entire Agreement. This MOU embodies the entire agreement of the Parties.
There are no promises, terms, conditions, or obligations other than those
contained herein, and this MOU supersedes all previous communications,
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representations, or agreements, either verbal or written, between the Parties.
This MOU may not be modified or amended except by written agreement of the
parties.
12. Termination. Either party may terminate this MOU upon one hundred eighty
(180) days written notice prior to the end of any calendar year. Said termination
shall be effective as of the last day of the applicable calendar year.
13. Governmental Immunity. The Parties understand and agree that each party is
relying on and does not waive, by any provision of this MOU, the monetary
limitations, terms or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time
to time amended, or otherwise available to the Parties or any of their officers,
agents or employees.
ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK
By: ____________________________ By: _________________
ATTEST:
_____________________
Town Clerk
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MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK
AND
THE ESTES PARK HOUSING AUTHORITY
THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective this 28th day of
May, 2013, and revised on February 14, 2017 by and between the ESTES PARK
HOUSING AUTHORITY (“EPHA”) and the TOWN OF ESTES PARK (the “TOWN”), a
municipal corporation.
RECITALS
THE ESTES PARK HOUSING AUTHORITY was formed by the Town of Estes
Park on April 7, 1993 through resolution #15-93.
THE ESTES PARK HOUSING AUTHORITY’S mission Statement is:
‘ In order to create a balanced and sustainable community, the Estes Park Housing
Authority creates and facilitates housing opportunities for low to moderate income
households.’
THE ESTES PARK HOUSING AUTHORITY having been formed by the Town of
Estes Park, is charged to regularly investigate, research and monitor on an ongoing
basis the local housing market conditions, needs and gaps: to make recommendations,
offer solutions and fill the housing needs as they arise in order to meet the housing
needs of the Estes Park community. The EPHA, develops and manages housing
projects and programs for the residents of the Park R3 school district.
The TOWN has provided continual financial and administrative support to assist
EPHA in providing affordable housing services to area residents.
EPHA and the TOWN wish to clarify and document the level of anticipated
support given to EPHA by the TOWN.
IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE
INCORPORATED HEREIN, the TOWN and EPHA agree as follows:
1.Office Space. The TOWN agrees to provide, free of charge, office space to
EPHA. The location and size shall be determined by the TOWN after
consultation with EPHA. The TOWN will make reasonable efforts to
accommodate EPHA, but offers no guarantee of its ability to provide office space.
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The TOWN agrees to furnish, at no cost to EPHA, electric, heat, water, and
telephone services and telephone for the office space. EPHA is responsible for
its office furniture, supplies, equipment and computers. In the event office space
is not available in Town facilities due to Town needs, EPHA shall be responsible
for its own office space, including utilities.
2.IT (Information Technology) Services. The TOWN agrees to furnish, free of
charge, networking connectivity services for the use by the EPHA at the office
space provided by the TOWN. The cost for these services will be determined by
the IT Department on an annual basis and billed monthly to the EPHA.
3.Mail Services. The TOWN agrees to permit the EPHA to utilize the PO Box of
the TOWN (PO Box 1200) and to receive and send mail from the Town Hall
location or other location as the TOWN designates.
4. Legal Services. The TOWN agrees to pay for legal services provided by the
Town Attorney up to an annual maximum amount of $10,000. EPHA agrees to
only use the Town Attorney on a limited basis and not for any legal matters
regarding tenants, evictions, and regulatory issues. EPHA has utilized, and will
continue to utilize, outside attorneys for these listed issues. EPHA is solely
responsible for all fees charged by said outside counsel. EPHA agrees to refer
any matter to outside counsel which the Town Attorney, in his sole discretion,
determines that it is not appropriate for the Town Attorney to provide legal advice
to EPHA.
5.Copier and Fax Services. The TOWN agrees to allow EPHA to utilize copier and
fax services. EPHA agrees to pay for copies and paper.
6.Annual Funding. The TOWN agrees to consider an annual funding request
through whichever method/funding mechanism is appropriate. its Community
Services Grant. . The Town agrees to inform the EPHA on how they wish to
receive their funding requests. EPHA agrees to continue to attempt to reduce its
annual request for funding. The TOWN makes no guarantee that any funds will
be allocated to EPHA.
7.EPHA Employees Benefits Plan. To the extent permitted by law and the terms of
third party provider agreements, the TOWN shall allow EPHA employees to be
covered for all current Town benefits (medical, dental, vision, EAP, health club,
flex plans, etc.). EPHA shall reimburse the TOWN for all costs of the benefits for
EPHA employees plus an administrative fee equal to 3% of the medical benefits
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for the management and administration of those services. EPHA understands
and agrees that the TOWN shall not be responsible for any human
resource/personnel matters as part of its provision of the benefits. Neither EPHA
nor its employees shall seek advice or counsel from the TOWN with regard to
any human resource/personnel issues concerning EPHA employees. EPHA
specifically waives any claim against the TOWN and any individual employee,
consultant, agent, or volunteer of the TOWN for any act or omission in the
performance or non-performance of its benefit processing and administrative
services for EPHA employees.
8. Annual Appropriation. EPHA acknowledges and agrees that any requirements
for future appropriations by the Town to provide funding and/or services to EPHA
shall constitute only currently budgeted expenditures of the Town. No provision
of this MOU shall constitute a mandatory charge or requirement in any ensuing
fiscal year beyond the then current fiscal year of the Town. No provision of this
MOU shall be construed or interpreted as creating a multiple fiscal year direct or
indirect debt or other financial obligation of the Town within the meaning of any
constitutional or statutory debt limitation. This MOU shall not directly or indirectly
obligate the Town to appropriate funds beyond the Town’s then current fiscal
year.
9.Notice. Any notice required or permitted by this MOU will be deemed effective
when personally delivered in writing or three (3) days after notice is deposited
with the U.S. Postal Service, postage prepaid, certified, and return receipt
requested, and addressed as follows:
Estes Park Housing Authority Town of Estes Park
Attn: Executive Director Attn: Town Administrator
P O Box 1200 P O Box 1200
Estes Park, CO 80517 Estes Park, CO 80517
10.Annual Review. The Parties agree to meet, through their administrative staffs,
to discuss the terms and conditions of this MOU, any future issues, any other
issues needed to be addressed in this MOU, and make recommendations to the
Board of Trustees and the Housing Authority Commissioners for any appropriate
amendment to this MOU.
11.Entire Agreement. This MOU embodies the entire agreement of the Parties.
There are no promises, terms, conditions, or obligations other than those
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contained herein, and this MOU supersedes all previous communications,
representations, or agreements, either verbal or written, between the Parties.
This MOU may not be modified or amended except by written agreement of the
parties.
12. Termination. Either party may terminate this MOU upon one hundred eighty
(180) days written notice prior to the end of any calendar year. Said termination
shall be effective as of the last day of the applicable calendar year.
13. Governmental Immunity. The Parties understand and agree that each party is
relying on and does not waive, by any provision of this MOU, the monetary
limitations, terms or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time
to time amended, or otherwise available to the Parties or any of their officers,
agents or employees.
ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK
By: ____________________________ By: _________________
ATTEST:
_____________________
Town Clerk
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Overview of Colorado
Municipal Home Rule
by Tami Yellico, Manager Municipal Services
Colorado Municipal League
Your source for advocacy, information and training.
The views expressed at this forum are those solely of the presenter, and
any legal advice should be obtained by appropriate legal counsel
Prepared in May 2012
.
Municipal Home Rule in Colorado
• Municipalities lacking home rule status are limited to exercising those
powers that have been granted by the state
1902 - Citizens in cities of the first and second class may adopt home rule
under amendment to the Colorado Constitution
1912 - Section 6 of Article XX specifically enumerated various municipal
home rule powers with a “catch-all” paragraph
1970 - Section 9 extended the right to adopt home rule to the citizens of
every municipality
• Article XX of the Colorado Constitution reserves both structural and
functional home rule powers to municipalities and “the full right of self
government in local and municipal matters “ to citizens
General Arguments For Home Rule
• Article XX of the Colorado Constitution grants both general and
specific powers to home rule municipalities
• Provides greater flexibility to solve local problems because
municipalities are less constrained by state requirements
• Allows quicker response time to emergency situations as there is no
need to wait for the entire state legislative process
• Home rule municipalities are not required to follow state statutes in
matters of local and municipal concern and therefore enjoy freedom
from state interference regarding local and municipal matters
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General Arguments For Home Rule
• Allows municipalities to legislate with confidence on any
and all matters of local concern
– Authority granted by state statutes is sometimes ambiguous.
• Enhances citizen control, interest, involvement and pride
in their municipal government
• The embodiment of the principle that the best
government is the one that is the closest to the people
General Arguments Against Home Rule
• Restrictive charters may limit the potential flexibility of
home rule
• Dissatisfied citizens may adopt binding charter
amendments, i.e. amendments which cannot be
changed or repealed by the governing body without a
subsequent vote of the people
• Legal uncertainties may arise when the municipality
legislates in a relatively new area; the ultimate
determination of whether a matter is truly of “local
concern” requires an ad hoc determination in court
General Arguments Against Home Rule
• Costs for adopting a home rule charter – attorney’s or other
consultant’s fees, expenses incurred from publication requirements,
election costs, etc. can burden the municipality
• A change in the status quo may create unnecessary risks in a
community that is satisfied operating under existing statutes
• Unless restricted by the charter, a home rule municipality has the
potential to exercise more governmental powers than are available
to statutory municipalities, which some local citizens may see as a
disadvantage
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Timeline for Home Rule Election
• Within 180 days of its election, the charter commission
shall submit to the governing body a proposed charter
• Within 30 days after the date that the charter
commission submits the proposed charter to it, the
governing body shall publish and give notice of an
election to determine whether the proposed charter shall
be approved
• The election shall not be held less than 30 nor more than
185 days after publication of the notice
Drafting a Home Rule Charter
Under Colorado law, the charter is principally an instrument of
limitation in Colorado.
The charter sets forth the basic:
(1) structure and organization of government;
(2) procedures to be followed by municipal government in the conduct of its business;
(3) powers of municipal officials and agencies, including any limitations.
It is not necessary for the charter to spell out the details of
municipal operations
• Details can be left to the city council.
• State law applies in the absence of a charter or ordinance provision.
Charters are not easily or readily amended; consequently, great
care must go into their drafting and unnecessary details and
verbiage should be avoided.
Contents of a Municipal Charter
•Mandatory provisions:
– Initiative and referendum of measures
– Recall of officers
•Other examples of charter provisions
– Prefatory synopsis
– Provisions continuing, amending or repealing existing ordinances
– Form of government – allocation of legislative and administrative powers
– Qualifications, terms of office, number of councilmembers and method of election
– Election procedures
– Administrative organization
– Boards and commissions
– Procedures for passage of ordinances, resolutions and motions
– Personnel, merit or civil service system
– Legal and judicial affairs
– Budget control and financing
– Municipal borrowing
– Eminent domain
•Borrowing provisions from other charters is helpful and time saving, but be wary of using charters from Colorado municipalities that were adopted years ago, guard against lifting unnecessary detail from other charters and be aware that charter provisions borrowedfrom the municipalities may not be relevant or appropriate for your community.
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Considerations in Drafting a Charter
• Be aware of the tight timeline
• Use your staff or consultant extensively and effectively
• Obtain competent legal advice
• Provide adequate opportunity for citizen input before finalized
decisions
• Charter commissions may adopt an organization similar to their
existing organization
• Think long term
Considerations in Drafting a Charter
• Define which actions must be by ordinance as opposed to resolution or
motion and the procedures applicable to enactment of ordinances. Make
clear who votes and how many votes are necessary for the council to act
• Include fundamental and priority features, leaving other provisions to
subsequent action by city council and staff. Leave the elected officials with
sufficient flexibility to act and be responsive
• Cross-reference state statute where appropriate, such as municipal election
procedures
• Financing provisions, such as municipal bonding and use of local
improvement districts, are important
• Be careful about including unnecessary provisions sought by special
interests
Considerations in Drafting a Charter
• A good process can facilitate drafting of a good charter
and enhance chances for its approval by the citizens
• Constructive debate can be healthy – remember the
debate which was carried out at the Constitutional
Convention in Philadelphia.
•Work as a team!
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Authority and Flexibility Afforded to
Home Rule Municipalities
• Form of Government:
– City manager who answers to council, strong mayor - weak council, or
strong council - weak mayor system
– Clear authority to adopt the council/manager form of government
• Elected Officials
– Clarification of powers for mayor, council, manager, other officers, and
boards and commissions
– Disqualifying circumstances, grounds and procedures for discipline, or
removal from office
– Minimum age requirements
Authority and Flexibility Afforded to
Home Rule Municipalities
• Elective Offices
– Number and types of offices, the date when newly elected officials take
office, and provide flexibility for being elected at-large, by districts and
redistricting
– Modify or eliminate term limits for mayor and council
• Elections
– Regular election dates and times other than the dates required by
statute
– Flexibility for special election dates
– Procedures for initiative, referendum and recall
– Expand the right to vote in municipal elections
– Expand certain citizen powers, like initiative, referendum and recall
Authority and Flexibility Afforded to
Home Rule Municipalities
• Procedures
– Enactment of local ordinances to expedite consideration and effective
dates, such as one-reading procedure for emergency ordinances in
cities
– Option to delegate decisions to administrative staff
– Repeal or modify statutory provisions governing bidding and awarding
of public projects and disposal of public property
– Establish local zoning, subdivision and other land use procedures which
are different from those applicable to statutory municipalities
– Provide council procedures and bind elected officials to them
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Authority and Flexibility Afforded to
Home Rule Municipalities
• Finances
– Collection and enforcement of local sales/use taxes
– Broader or narrower sales and use tax base
– Additional types of excise taxes: admissions, entertainment, tourism,
and lodgers’ taxes
– Clarify, simplify, or otherwise revise procedures for budget and
appropriation and municipal enterprises
– Authorize refunds and exemptions not authorized by state law
– Increase general obligation bond authority and streamline requirements
for issuance of bonds
– Facilitate formation of special improvement districts and expand
purposes for which they can be formed
•Home rule does not exempt municipalities from TABOR
requirements.
Authority and Flexibility Afforded to Home Rule
Municipalities –
• Miscellaneous Powers
– Alternative procedures for management and operation of municipal
utilities
– Terms and conditions of municipal employment
– Broaden municipal court jurisdiction
– Provide additional tools for economic development
– Clarify authority for or expand the types of services which the
municipality can provide
– Set forth more specific ethics and conflict of interest rules
Decisions To Be Made By The Town Board
•Size of the Charter Commission
– If your municipal population is over 2,000, then the commission
may be composed of 9 to 21 members (must be an odd-number)
– If your municipal population is under 2,000, then the commission
shall be composed of 9 members
•Date & time that the charter commission meets
– Eligibility to serve on the charter commission shall extend to all
registered electors of the municipality
– The commission may employ a staff; consult and retain experts.
•Calendar for placing a home rule initiative on the ballot
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Growth in Home Rule Municipalities: 1920-2009
Prepared by CML August 2009
1920 1930 1940 1950 1960 1970 1980 1990 2000 2007 2009*
State Population 939,191 1,035,791 1,123,296 1,325,271 1,771,158 2,224,610 2,907,856 3,304,042 4,301,261 4,919,884
Municipal
Population 566,802 641,847 722,237 888,269 1,212,609 1,656,548 2,120,347 2,383,045 3,125,839 3,567,857
% of State
Population
in
Municipaliti
es 60.35% 61.97% 64.30% 67.03% 68.46% 74.46% 72.92% 72.13% 72.67% 72.52%
Home Rule
Municipal
Population 368,392 418,667 466,627 610,252 875,871 1,301,486 1,757,578 2,132,834 2,764,817 3,225,293
% of State
Population
in Home
Rule
Municipaliti
es 39.22% 40.42% 41.54% 46.05% 49.45% 58.50% 60.44% 64.55% 64.27% 65.56%
% of Municipal
Population
in Home
Rule
Municipaliti
es 64.99% 65.23% 64.61% 68.70% 72.23% 78.57% 82.89% 89.50% 88.45% 90.40%
Number of Home
Rule
Municipaliti
es 9101013 223856688096100
* population data not available for 2009
Resources at the League
•Matrix of Home Rule Charters (2017) publication
•Home Rule Handbook (2017) publication
•Copies of every home rule charter
•Sample educational materials to distribute to citizens
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Questions
Feel free to contact me at Smamet@cml.org or
(303) 831-6411.
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Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: February 28, 2017
RE: Resolution 04-17, Intent to Annex Cloud Nine Subdivision Addition
Objective:
To set the public hearing for the annexation of Cloud Nine Subdivision Addition.
Present Situation:
Karen Cherman & Kathleen Gagliano submitted an annexation application and petition
to the Town Clerk on January 23, 2017 for the property located at 1595 Fish Hatchery
Road. The applicant has also submitted an application for a minor subdivision. The
property is north of the Harmony property which was annexed in 2013. The annexation
has been reviewed by Town staff and Attorney White and found substantially complete.
The annexation will not require an annexation agreement.
Proposal:
To move the item forward by setting the public hearing for March 28, 2017 with the
passage of Resolution #04-17. This would provide time for the required 30 public
notices as required by state statute.
Advantages:
Approval of the Resolution would set the annexation hearing date and move the project
forward.
Disadvantages: None.
Action Recommended: Approve Resolution #04-17
Budget: None.
Level of Public Interest: Low
Sample Motion:
I move to approve Resolution #04-17
Attachments:
•Resolution #04-17
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RESOLUTION NO. 04-17
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with
Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein.
The Board of Trustees finds and determines that the Petition filed with the Town Clerk
requesting annexation of the area described herein is in substantial compliance with Section
31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition
is signed by persons comprising one hundred percent (100%) of the landowners in the area
proposed to be annexed and owning one hundred percent (100%) of the area, excluding
public streets and alleys, and any land owned by the annexing municipality. Such area, if
annexed, will be known as “CLOUD NINE SUBDIVISION ADDITION” to the Town of Estes
Park, Colorado. Such area is described as follows:
Containing Acres: 3.13
A PORTION OF THE SE 1/4 OF SECTION 16, T5N, R73W OF THE 6th P.M. LARIMER
COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO WIT:
PARCEL 1
RANGE 73 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID
SECTION 16 WITH ALL BEARINGS CONTAINED HEREIN RELATIVE TO THE EAST
LINE OF THE SE 1/4 OF SAID SECTION 16 CONSIDERED AS BEARING S01°19'00"W;
THENCE S01°23'O2"W A DISTANCE OF 1315.31 FEET TO THE CALCULATED SOUTH
1/16TH CORNER OF SECTIONS 16/15; THENCE S89°14'30"W A DISTANCE OF
1298.19 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SE 1/4 TO THE
SOUTHEAST 1/16TH CORNER OF SAID SECTION 16 AND THE TRUE POINT OF
BEGINNING; THENCE S89°43'22"W A DISTANCE OF 455.66 FEET ALONG THE EAST-
WEST CENTERLINE OF SAID SE 1/4 TO A POINT BEARING N89°26'18"E A DISTANCE
OF 839.67 FEET FROM THE CENTER-SOUTH 1/16TH CORNER: THENCE
N00°30'53"E A DISTANCE OF 99.84 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF THE FISH HATCHERY ROAD; THENCE THE FOLLOWING THREE
COURSES AND DISTANCES ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
THE FISH HATCHERY ROAD; THENCE S81°00'19"E A DISTANCE OF 6.37 FEET;
THENCE 235.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAS A DELTA ANGLE OF 18°03'55" A RADIUS OF 745.55 FEET AND IS SUBTENDED
BY A CHORD BEARING N89°57'42"E A DISTANCE OF 234.10 FEET; THENCE 218.92
FEET ALONG THE ARC OF A CURVE TO THE RIGHT TO A POINT ON THE NORTH-
SOUTH CENTERLINE OF SAID SE 1/4, SAID CURVE HAS A DELTA ANGLE OF
04°10'57" A RADIUS OF 2999.05 FEET AND IS SUBTENDED BY A CHORD BEARING
N83°01'10"E A DISTANCE OF 218.87 FEET; THENCE S01°20'19'W A DISTANCE OF
123.42 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4 TO THE
TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.06 ACRES MORE OR
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LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY OF
RECORD, LARIMER COUNTY, COLORADO.
PARCEL 2
A PORTION OF THE NW 1/4 OF THE SE 1/4 OF SECTION 16, T5N, R73W OF THE 6TH
P.M., LARIMER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 16 WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE TO THE EAST LINE OF THE SE 1/4 OF
SAID SECTION 16 CONSIDERED AS BEARING S01°19'00"W THENCE S01°23'02"W A
DISTANCE OF 1315.31 FEET TO THE CALCULATED SOUTH 1/16 CORNER OF
SECTIONS 16/15; THENCE S89°22'00"W A DISTANCE OF 1753.83 FEET ALONG THE
EAST-WEST CENTERLINE OF SAID SE 1/4 TO A POINT BEARING N89°26'18"E A
DISTANCE OF 839.67 FEET FROM THE CENTER-SOUTH 1/16TH CORNER; THENCE
N00°18'35"E A DISTANCE OF 161.28 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF THE FISH HATCHERY ROAD AND THE TRUE POINT OF
BEGINNING; THENCE THE FOLLOWING THREE COURSES AND DISTANCES
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE FISH HATCHERY ROAD;
THENCE S79°08'45"E A DISTANCE OF 16.57 FEET; THENCE 216.16 FEET ALONG
THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAS A DELTA ANGLE OF
18°03'56" A RADIUS OF 685.55 FEET AND IS SUBTENDED BY A CHORD BEARING
N89°54'47"E A DISTANCE OF 215.26'; THENCE 214.44 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT TO A POINT LYING 14.25 FEET PERPENDICULARLY TO THE
WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4, SAID CURVE HAS A
DELTA ANGLE OF 04°00'55" A RADIUS OF 3059.85 FEET AND IS SUBTENDED BY A
CHORD BEARING N82°56'57"E A DISTANCE OF 214.40 FEET; THENCE N00°08'08"E
A DISTANCE OF 35.71 FEET, THENCE N88°48'25"W A DISTANCE OF 65.00 FEET
PERPENDICULAR TO THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4, THENCE
N00°59'22"E 118.80 FEET TO A POINT ON THE CENTERLINE OF FALL RIVER;
THENCE NORTHWESTERLY ALONG THE CENTERLINE OF FALL RIVER
N64°55'51"W 37.23 FEET; THENCE N81°59'40"W 81.89 FEET; THENCE N71°49'00"W
128.07 FEET; THENCE N81°12'25"W 134.30 FEET; THENCE N75°15'06"W 9.51 FEET
TO A POINT LYING N00°38'53"E FROM THE TRUE POINT OF BEGINNING; THENCE
S00°38'53"W 268.84 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL
CONTAINS 2.07 ACRES MORE OR LESS AND IS SUBJECT TO ALL EXISTING
EASEMENTS AND RIGHTS OF WAY OF RECORD, LARIMER COUNTY, COLORADO.
EXCEPTING THEREFROM FROM THE ABOVE PARCELS, ANY PORTION
CONTAINED IN THAT INSTRUMENT RECORDED MARCH 5, 1992 AT RECEPTION
NO. 92011615; COUNTY OF LARIMER, STATE OF COLORADO.
IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S.,
the Town Board Public Hearing shall be held Tuesday, March 28, 2017 at 7:00 p.m., in
the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the
purpose of determining if the proposed annexation complies with the applicable provisions
of Sections 31-12-104 and 31-12-105, C.R.S.
IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing
as provided in Section 31-12-108(2), C.R.S.
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DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Publish: March 3rd, 2017, March 10th, 2017, March 17th, 2017 and March 24th, 2017
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Town Board of Trustees, February 28, 2017
507 Grand Estates Drive, Zoning Map Amendment (Rezoning)
COMMUNITY DEVELOPMENT
Memo
Figure 1 - Depicts the vicinity of the project
and surrounding zone districts.
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Carrie McCool, Planning Consultant
Date: February 28, 2017
RE: ORDINANCE #07-17, Rezone from CO-Commercial Outlying to
RM - Residential Multi-Family; 507 Grand Estates Drive; Equinox
Community Investment, LLC/Applicant
Objective:
Conduct a public hearing and make a determination on the Zoning Map Amendment
(rezoning) application for compliance with the Estes Valley Development Code (EVDV).
Present Situation:
The subject property to be rezoned is platted
as Lot 35 of the Grand Estates Subdivision
and zoned CO-Commercial Outlying. The site
contains .95 acres and is currently vacant.
Access is provided to the site directly from
Grand Estates Drive right-of-way to the west,
just south of Big Thompson Avenue, and
contains a concrete curb cut and drive pan at
the southwest corner of the property.
Proposal:
This request is to rezone Lot 35 of Grand
Estates Subdivision from CO-Commercial
Outlying to RM – Multi-Family Residential in
order to allow workforce housing to be developed at this location. Given the small size
of the lot, limited complexity associated with potential multi-family development, and the
fact that the property is adequately served by services and facilities, the requirement for
a development plan was waived. The development plan waiver applies only to the
rezoning; a development plan would still be required at the time site layout is
determined.
Advantages:
1.Complies with standards set forth in the Estes Valley Development Code; and
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Town Board of Trustees, February 28, 2017
507 Grand Estates Drive, Zoning Map Amendment (Rezoning)
2.Consistency with housing goals and policies of the Estes Valley Comprehensive
Plan by providing housing infill within the existing urban area for permanent
residents, encouraging a variety of housing types and price ranges, as well as
encouraging housing for permanent residents of all sectors of the community that
are integrated into and dispersed throughout existing neighborhoods.
Disadvantages:
None.
Public Notice:
The public hearing request for approval of the rezoning was publically noticed in
accordance with the public notification requirements set forth in § 3.15 -
General Notice Provisions of the EVDC. Specifically, legal notice was published in the
Estes Park Trail-Gazette on December 30, 2016. Written public notice was mailed to all
landowners within one hundred (100) feet of the subject property on December 15,
2016.
Action Recommended:
The Estes Valley Planning Commission held a public hearing for this application on
January 17, 2017. During the hearing, the Commission made the following findings:
1.The rezoning request for an Official Zoning Map amendment complies with the
applicable review criteria set forth in Section 3.3.D “Standards for Review” of the
Estes Valley Development Code.
The Planning Commission unanimously recommended approval of the Zoning Map
Amendment request with no conditions.
Budget:
None.
Level of Public Interest:
Low: The level of public interest is low as one public comment was received at the
Planning Commission public hearing requesting the density be limited to eight (8)
dwelling units per acre. The EVDC allows a maximum of 8 dwelling units on the site or
up to 16 units if classified as “attainable” pursuant to Section 11.4 of the EVDC.
Sample Motions:
Below are the Town Board’s options related to the Zoning Map Amendment request:
1.I move to APPROVE the Zoning Map Amendment request including findings of fact
and conclusions of law, with no conditions of approval as recommended by the
Planning Commission.
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Town Board of Trustees, February 28, 2017
507 Grand Estates Drive, Zoning Map Amendment (Rezoning)
2.I move to APPROVE the Zoning Map Amendment with conditions, including findings
of fact and conclusions of law.
3.I move to DENY the Zoning Map Amendment request, finding the application does not
meet the review criteria as required by Code.
4.I move to CONTINUE THE HEARING to provide adequate time to review additional
materials, finding that the applicant has not provided sufficient information to review
the application.
Attachments:
Ordinance #07-17
Application and Planning Commission Staff Report www.estes.org/currentapplications
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ORDINANCE NO. 07-17
AN ORDINANCE AMENDING
THE ESTES VALLEY DEVELOPMENT CODE TO REZONE LOT 35 OF GRAND
ESTATES SUBDIVISION, TOWN OF ESTES PARK, COLORADO
WHEREAS, the owners of Lot 35 of the Grand Estates Subdivision, Town of
Estes Park, Colorado have filed an application to rezone the property from CO-
Commercial Outlying to RM-Residential Multi-Family for the purpose of constructing a
multi-family development; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town that the requested rezoning change be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The zoning of Lot 35 of the Grand Estates Subdivision, Town of
Estes Park, Colorado is changed from CO-Commercial Outlying to RM-Residential
Multi-Family.
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 _____________, 2017.
TOWN OF ESTES PARK
_____________________________________
Todd Jirsa, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the day of , 2017 and
published in a newspaper of general circulation in the Town of Estes Park, Colorado,
on the day of , 2017, all as required by
the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
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POLICE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Chief Wes Kufeld
Date: February 28, 2017
RE: Ordinance #06-17 Amendment to Estes Park Municipal Code 12.20.060 of
the Removal of Snow and Ice / Damage to Public Property and Special
Hazards.
Objective:
Amend the current Municipal Code 12.20.060 pertaining to Removal of Snow and Ice /
Damage to Public Property and Special Hazards.
Present Situation:
The current ordinance does not prohibit any person to place, deposit, and shovel or
plow snow on to any portion of a public street or sidewalk which physically interferes
with the safe movement of vehicles or pedestrians. Currently staff has observed
concerns of snow ridges, piles or obstructions caused by the placement of snow and ice
on public streets or sidewalks which could pose an immediate hazard to the motoring
public and or pedestrians during their route of travel.
Additionally, the current ordinance does not hold persons responsible for damages to
public sidewalks, streets, driveways constructed as continuation of sidewalks, curbs,
curb walks, drainage swales, trees in a sidewalk, street lights of the Town, or street
furniture (benches, planters), for all costs of the Town in repairing or replacing the
damaged property.
Proposal:
In order to enhance the safety of the public during snow/weather events or construction,
and hold persons responsible for damages, staff proposes to amend the current
Municipal Code to prohibit situations where snow/ice hazards are placed in areas on
public roadways or sidewalks, which could cause a risk to the motoring public or
pedestrians during their routes of travel. Additionally, allow the Town to recoup costs
associated to damages from persons involved in that activity.
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Advantages:
•Amending the ordinance prohibiting hazardous restrictions on roadways and
sidewalks will enhance the safety of the Public.
•The Town may recover costs associated to damages of Town owned property by
private citizens.
Disadvantages:
•None
Action Recommended:
Staff recommends Board Approval of the Ordinance 06-17 to amend Municipal Code
12.20.060
Budget:
No budgetary impact.
Recommended Motion:
I move to approve this ordinance and deem it an emergency ordinance to take effect
immediately.
Attachments:
Original Municipal Code 12.20.060
Amended Municipal Code 12.20.060
Ordinance 06-17
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ORDINANCE NO. 06-17
AN ORDINANCE OF THE TOWN OF ESTES PARK
AMENDING CHAPTER 12.20.060 OF THE MUNICIPAL CODE RELATING TO
THE REMOVAL OF SNOW AND ICE / DAMAGE TO PUBLIC PROPERTY AND
SPECIAL HAZARDS
WHEREAS, the removal of snow and ice within the Town is restricted by Chapter
12.20.060 of the Municipal Code; and
WHEREAS, it is necessary to define and expand the code and amend
subsection (a) and include subsections (b), (c) and (d).
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
Section 12.20.060 of the Municipal Code shall be amended and the addition of
Subsections to read as follows:
(a) It is unlawful for any property owner, tenant, lessee, or occupant owning or
occupying any lot, block or a parcel(s) of real property within the Town to allow any
snow or ice, or both, to remain upon any sidewalk on or abutting said property longer
than 24 hours from the last accretion of snow or ice on the sidewalk.
(b) It shall be unlawful for any person to place, deposit, shovel or plow snow on
to any portion of a street or sidewalk which physically interferes with the movement of
vehicles, bicycles, and/or pedestrians on the street or sidewalk.
(c) It shall be unlawful for any person to remove snow, ice, mud, dirt or debris
from any sidewalk, by utilizing a method that damages the sidewalk, including curbs,
curb walks, trees located in the sidewalk or street lights of the Town.
(d) If a person damages the Town sidewalks, streets, driveways constructed as
continuation of sidewalks, curbs, curb walks, drainage swales, trees in a sidewalk,
street lights of the Town, or street furniture (benches, planters), said person shall be
responsible for all costs of the Town in repairing or replacing the damaged property, and
shall promptly pay the costs thereof upon notification by the Town of the cost.
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
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_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the day of , 2017, and
published in a newspaper of general publication in the Town of Estes Park, Colorado on
the day of , 2017.
Town Clerk
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•12.20.060 - Removal of snow and ice.
It is unlawful for any owner, tenant, lessee, occupant or agent owning or occupying any lot, block
or parcel of real property within the Town to allow any snow or ice, or both, to accumulate or
remain upon any sidewalk or walkway upon or abutting said property after 12:00 noon of any day
unless snow is falling at that time.
(Prior code §15.13; Ord. 1-85 §1, 1985; Ord. 15-97, 1997)
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: February 28, 2017
RE: Resolution #05-17 Amending the Intergovernmental Agreement (IGA) with
the Colorado Department of Transportation (CDOT) pertaining to
Installation of Dynamic Message Signs on US 34 & US 36
Objective:
Amend the existing CDOT IGA to reflect an increase in the Federal Highway
Administration Congestion Mitigation and Air Quality (CMAQ) grant funding for the
construction of three permanent electronic dynamic message signs (DMS) on US34 and
US36.
Present Situation:
In 2010-11 the Town and RMNP teamed up to research strategies for using technology
to change visitor travel behavior. The results of this effort are reported in the 2012
report titled “Evaluation of an Intelligent Transportation System for Rocky Mountain
National Park and Estes Park” which documented the effectiveness of temporary
variable message signs in increasing shuttle ridership by 34% through diverting riders
from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle.
Also in 2011, the Transit Hub parking lot and shuttle stop was constructed at the
fairgrounds. This $1.4m project was funded with a $913k CMAQ grant to reduce traffic
congestion and improve air quality by redirecting motorists from cars and onto the
shuttles.
Since 2011, the Town has relied on static Park-n-Ride signage to direct visitors to the
Transit Hub lot at the Fairgrounds. Utilization of the Transit Hub shuttle stop has not
lived up to early expectations while traffic congestion in downtown Estes continues to
worsen. This is believed to be partially due lack of driver awareness of this facility and
long headway times between shuttles at the Transit Hub.
In 2015 the Town completed and opened the new Events Complex at the fairgrounds
site. Access to the Events Complex is provided via Manford Avenue on the south and
4th Street on the west. The frequent activities at the Events Complex have changed the
traffic character of 4th Street from a quiet, residential street to a commercial collector
roadway during our busy guest activity season.
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In 2015 the Town received a CMAQ grant in the amount of $30,835 to pool with
$25,000 in local funds for the installation of one DMS.
In 2016, the Town received another CMAQ grant in the amount of $105,000 to combine
with another $25,000 in local funds for the installation of two additional electronic signs.
The design and locations for these signs has been reviewed by CDOT.
The 2017 budget includes funding to add the new Green Route to our free shuttle
system to provide an additional 4 shuttle departures per hour to the 2 departures per
hour currently provided by the existing Silver Route at the Transit Hub (Events
Complex).
Proposal:
PW staff proposes to install three permanent electronic dynamic message signs on
US34 and US36 at the locations shown on the attached aerial map. The daily operating
concept for the proposed sign includes 4 elements.
1.Each DMS board should provide a minimum of 3 lines of text using 8" letters and 21
characters per line. The panels would measure approximately 4’ tall and 12’ wide.
2. Two screens of messaging should toggle approximately every 5 seconds.
3. Directional arrows (left, straight, right) may be needed on each line.
4. A mixture of amber and color text is optional for each line. Anticipated sample
messages include:
Screen 1:
Amber Text Color Text
RMNP PARKING FULL (red) or OPEN (green)
DOWNTOWN PARKING FULL (red) or OPEN (green)
PARKING GARAGE FULL (red) or OPEN (green)
Screen 2:
Amber Text Color Text
<-- FREE SHUTTLE
<-- FREE PARKING
<-- OVERSIZED VEHICLES
<--AUTO/RV/BUS/TRAILER (optional)
Future operation and maintenance of the sign would be the responsibility of the Town of
Estes Park Public Works Department.
A neighborhood meeting is scheduled at the Senior Center on March 1st to gather input
on the proposed DMSs, particularly from the residents potentially impacted by the sign
near 4th Street.
Advantages:
•The mode shift from passenger cars to shuttles for 29 cars/day during the 79 day
shuttle season is calculated to eliminate 45,820 vehicle miles traveled and
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improve air quality in Estes by removing 7.6kg/yr of Volatile Organic Compounds
(VOC) and 41.9 kg/yr of Nitrogen Oxide (NOx).
•Diverting visitors from cars to shuttles decreases traffic congestion downtown
and/or at RMNP, decreases automobile/pedestrian conflicts, and reduces traffic
related noise and air pollution.
•Directing cars and oversize vehicles to park at the Transit Hub reduces demand
on limited downtown and National Park parking spaces and reduces circulation of
motorists prowling for available parking.
•Placement of one proposed DMS east of 4th Street encourages left turns from
US36 at a location where the road width is sufficient to allow eastbound vehicles
to drive around a stopped, left-turning vehicle destined to the Transit Hub. The
Community Drive route is not recommended because there is no left turn lane on
US36 for motorist to refuge in while waiting for a gap in traffic. One vehicle
stopped in the thru lane to make a left turn can quickly cause long traffic queues
on US36 during peak traffic periods. Additionally, The Community Drive route
would direct Transit Hub traffic to Manford Ave where it would conflict with the
primary access to our community public schools.
•The DMS creates an opportunity to communicate scarcity of parking downtown
and at RMNP early so the guests can choose to drive directly to available parking
at the Transit Hub or the new parking garage.
•The DMS can remind drivers of oversize vehicles to park remotely instead of
downtown.
•Visitors are made aware of the availability of the Town’s free parking garage, free
shuttles, and RMNP’s free hiker shuttles.
•Large electronic signs allow future real-time communication and are considered
progressive and attractive by some folks.
Disadvantages:
•A perpetual increase in electronic sign operation and maintenance costs will be
incurred by the Town.
•Directing Transit Hub traffic to use 4th Street will increase traffic adjacent to an
existing residential neighborhood.
•Encouraging left turns on US36 where no formal left turn lanes exist may lead to
an increase in rear-end collisions.
•Large electronic signs are considered unsightly by some folks.
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•A Special Use Permit is required from the Bureau of Reclamation for the
electrical service to the proposed sign on US36 east of 4th St.
Action Recommended:
The Public Works Department recommends the Board of Trustees approve the attached
Resolution #05-17 and authorize the Mayor to sign the Amendment on behalf of the
Town.
Budget:
No new budget impact is created. The proposed Amendment consolidates the two
grant awards into one Federal award of $136,000. The Town Board appropriated
$55,850 (consisting of $30,850 CMAQ grant funds and $25,000 local funds) from the
Community Reinvestment Fund in the adopted 2016 budget and $130,000 (consisting
of $105,000 CMAQ grant fund and $25,000 local funds) in the adopted 2017 budget for
this project. The Amendment establishes a minimum contribution from the Town in the
amount of $28,271. The Town has budgeted up to $50,000 of local funds for this
project. The total project budget is $186,000.00
Level of Public Interest
The level of public interest in this item is expected to be moderate.
Sample Motion:
I move for the approval/denial for Resolution #05-17 and authorize the Mayor to sign
the attached Amendment on behalf of the Town.
Attachments:
Resolution #05-17
Amendment #1 to Intergovernmental Agreement
Aerial Sign Location Map
Sample sign photo
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RESOLUTION # 05-17
WHEREAS, CDOT owns and maintains US Highway 34 and US Highway 36
through the Town of Estes Park; and
WHEREAS, the Town is the recipient of two grants from the Federal Highway
Administration Congestion Mitigation and Air Quality improvement program (the “CMAQ
Grants”) for the purpose of installing three permanent electronic dynamic message sign
boards to improve air quality and reduce traffic congestion in Estes Park and Rocky
Mountain National Park (the “Project”); and
WHEREAS, the 2012 report titled “Evaluation of an ITS for RMNP and EP”
documented the effectiveness of temporary variable message signs in diverting
travelers from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle; and
WHEREAS, CDOT has agreed to provide funding in the amount of $136,000 to
assist the Town with the construction of the Project contingent upon a Town contribution
of no less than $28,271; and
WHEREAS, the Town Board appropriated $55,850 (consisting of $30,850 CMAQ
grant funds and $25,000 local funds) from the Community Reinvestment Fund in the
adopted 2016 budget and $130,000 (consisting of $105,000 CMAQ grant fund and
$25,000 local funds) in the adopted 2017 budget for this project.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE
WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS
FOLLOWS:
1.Amendment #1 to the Intergovernmental Agreement (IGA) between the Town of
Estes Park and the Colorado Department of Transportation for Project #AQC
M405-020-XC-00015-M0002 attached hereto as Exhibit A and incorporated
herein by reference is approved.
2.The Town accepts the CMAQ grant funding described in the Amendment and
confirms its commitment to provide the designated local funds to complete this
project.
Dated this___________________________, 2017.
______________________________
Mayor
ATTEST:
________________________________________
Town Clerk
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OLA #: 331001511
Routing #: 17-HA4-XC-00015-M0002
Document Builder Generated
Rev. 12/09/2016
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: AQC M405-020 (21322)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
17-HA4-XC-00015-M0002
Contractor
TOWN OF ESTES PARK
Original Agreement Routing Number
17HA4XC00015
Agreement Maximum
Amount
Total $164,271.00
Agreement Performance Beginning Date
The later of the effective date or September 26,
2016
Initial Agreement expiration date
September 25, 2021
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
CONTRACTOR
TOWN OF ESTES PARK
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Shailen P. Bhatt, Executive Director
___________________________________________
Joshua Laipply, P.E., Chief Engineer
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
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OLA #: 331001511
Routing #: 17-HA4-XC-00015-M0002
Document Builder Generated
Rev. 12/09/2016
1)PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the “Agreement”) is entered into by and between the Contractor and the State.
2)TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or
expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
A. The Parties entered into the Agreement for the installation of a VMS board to direct tourists to parking
shuttle.
B. The Parties now desire to 1) update Exhibit A - Scope of Work; and 2) update Exhibit C - Funding
Provisions to increase Total Budgeted Funds by $127,026.00 for a new Agreement total of $164,271.00.
5) MODIFICATIONS
The Agreement and all prior amendments thereto, if any, are modified as follows:
Exhibit A-1. Exhibit A is removed and replaced in its entirety with Exhibit A-1 attached hereto and
incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to
Exhibit A will be replaced with Exhibit A-1.
Exhibit C-1. Exhibit C is removed and replaced in its entirety with Exhibit C-1, attached hereto and
incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to
Exhibit C will be replaced with Exhibit C-1. Exhibit C-1 increases Total Budgeted Funds by $127,026.00
for a new Agreement total of $164,271.00.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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28. EXHIBIT A-1 – SCOPE OF WORK
Scope of Work:
This project consists of construction of an electronic dynamic message sign board that will direct tourists
to available parking and shuttle pickup areas. The purpose of this project is to direct travelers to
intercept parking lots and shuttle services in lieu of driving to search for scarce parking in the downtown
area and in Rocky Mountain National Park. This project will help to improve air quality by decreasing
congestion and vehicle traffic in both downtown Estes Park and the national park.
This project will conform to all applicable state and federal regulations and standards. The design phase
will begin as soon as reasonably possible and will be followed by a construction phase. Construction will
begin as soon as reasonably possible after design and will be completed shortly thereafter.
Due to long lead times, Estes Park will purchase the dynamic message boards prior to construction as a
non-participating item, subject to CDOT approval. The dynamic message boards will become eligible
expenses once construction is authorized and final installation of the dynamic message boards is
complete.
Estes Park will be responsible for maintaining a fully functioning dynamic message sign for 10 years from
the date of installation. The dynamic message sign shall be repaired or replaced within a reasonable
time period, not to exceed three months, after being damage or destroyed.
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30.EXHIBIT C-1 – FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work which is to be funded as follows:
1 BUDGETED FUNDS
a.Federal Funds
(82.79% of Participating Costs – AQC)$136,000.00
b.Local Agency Matching Funds
(17.21% of Participating Costs)$28,271.00
TOTAL BUDGETED FUNDS $164,271.00
2 ESTIMATED CDOT-INCURRED COSTS
a.Federal Share $0.00
(0% of Participating Costs)
b.Local Share
Local Agency Share of Participating Costs
Local Agency Share of Non-Participating Costs
$0.00
$0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a.Federal Funds Budgeted (1a)$136,000.00
b.Less Estimated Federal Share of CDOT-Incurred Costs (2a)$0.00
c.State Funds Budgeted (1c)$0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $136,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Net to be encumbered as follows: $0.00
WBS Element 21322.20.10 Construc. 3301 $0.00
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B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds
(CFDA #20 2050) to 17.21% Local Agency and State funds, it being understood that such ratio
applies only to the $164,271.00 that is eligible for federal participation, it being further
understood that all non-participating costs are borne by the Local Agency at 100%. If the total
participating cost of performance of the Work exceeds $164,271.00 and additional federal funds
are made available for the Work, the Local Agency shall pay 100% of all such costs eligible for
federal participation and 100% of all non-participating costs; if additional federal funds are not
made available, the Local Agency shall pay all such excess costs. If the total participating cost
of performance of the Work is less than $164,271.00, then the amounts of State and federal-aid
funds will be decreased in accordance with the funding ratio described herein. The
performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $164,271.00
(For CDOT accounting purposes, the federal funds of $136,000.00, State funds of $0.00, and
Local Agency matching funds of $28,271.00, will be encumbered for a total encumbrance of
$164,271.00), unless such amount is increased by an appropriate written modification to this
,Agreement executed before any increased cost is incurred. It is understood and agreed by the
parties hereto that the total cost of the Work stated hereinbefore is the best estimate available,
based on the design data as approved at the time of execution of this Agreement, and that such
cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to
the parties prior to bid and award.
D. Single Audit Act Amendment
All state and local government and non-profit organization Sub-The Local Agencys receiving
more than $750,000 from all funding sources defined as federal financial assistance for Single
Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-
133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R.
18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The
Local Agencys receiving federal funds are as follows:
i.Expenditure less than $750,000
If the Sub-The Local Agency expends less than $750,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure exceeding than $750,000-Highway Funds Only
If the Sub-The Local Agency expends more than $750,000 in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205)
then a program specific audit shall be performed. This audit will examine the “financial”
procedures and processes for this program area.
iii. Expenditure exceeding than $750,000-Multiple Funding Sources
If the Sub-The Local Agency expends more than $750,000 in Federal funds, and the Federal
funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies,
which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
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Transportation Advisory Board Interview Committee Appointments
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: February 28, 2017
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, 2017 currently held by Stan Black,
Ann Finley and Belle Morris. Administrative Services posted the positions through February 24,
2017. 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.
Therefore, Mayor Pinkham has requested the Board discuss the appointments at the Study
Session prior to the Town Board and bring forward a recommendation to the Board meeting for
approval.
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.
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ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Frank Lancaster, Town Administrator
From: Travis Machalek, Assistant Town Administrator
Date: February 28, 2017
RE: Ordinance No. 05-17 - Temporary Sidewalk Art
Objective:
Adopt Ordinance 05-17 which amends Section 12.20.070 of the Municipal Code (Acts
Prohibited on Sidewalks) as set forth on Exhibit A of the Ordinance.
Present Situation:
It is a violation of the Town’s Municipal Code for anyone to “…place upon, apply to,
embed in or impress in any sidewalk…any sign, symbol, mark or object” (Town of Estes
Park Municipal Code 12.20.070). As currently written, this provision effectively
eliminates any opportunity for non-permanent art on sidewalks in Town limits. Non-
permanent sidewalk art (like chalk art) has been successful in numerous communities,
including Greeley and Loveland.
Ordinance 05-17 was presented to the Town Board on February 14, 2017. At that time,
the Town Board directed staff to expand the options for non-permanent art to Town-
owned streets and parking lots that were closed to traffic. The Board also voiced
concerns about all non-permanent sidewalk art proposals having to be approved by the
Town Board.
Proposal:
In order to address the issues raised by the Town Board on February 14, staff has
made an alteration to the proposed Municipal Code Change and has drafted a new
Public Works policy.
The change to the proposed Municipal Code amendment grants the Parks Advisory
Board the ability to approve non-permanent sidewalk art (approval for other acquisitions
of artwork, and site selection for that artwork, would still rest with the Town Board).
The Public Works policy expands options for non-permanent art to Town-owned streets,
parking lots, and trails that are closed to vehicular traffic. Staff, working with the Town
Attorney, has determined that there does not need to be a Municipal Code amendment
to allow for the non-permanent sidewalk art process to be expanded to these other
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locations. In accordance with established practice, Public Works will bring this
administrative policy to the Transportation Advisory Board for review and comment
before the Public Works Director signs and implements the policy.
Non-permanent sidewalk art has been successful in many different forms throughout
the country. Examples range from sidewalk-chalk art contests hosted by municipalities
or nonprofits to individual artists who have taken it upon themselves to enhance the
experience of their community through unique works of non-permanent sidewalk art.
The proposed code change would enable this type of artistic expression in Estes Park
and the draft Public Works policy would serve to further broaden the opportunities for
non-permanent art in our community.
Ordinance 05-17 adopts the amendments to Section 12.20.070 of the Municipal Code
as more fully set forth on Exhibit A.
Advantages:
•Provides new opportunities for public art
Disadvantages:
•The addition of this option to the available space for public art could add to the
Parks Advisory Board’s workload
Budget:
This Municipal Code change would not have a direct impact on the Town’s budget.
Attached:
•Ordinance No. 05-17
•Draft Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails
Sample Motion:
I move to adopt/not adopt Ordinance No. 05-17.
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ORDINANCE NO. 05-17
AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL CODE
CONCERNING ACTS PROHIBITED ON SIDEWALKS
WHEREAS, Section 12.20.070 of the Municipal Code provides for regulation of acts
prohibited on sidewalks within the Town of Estes Park; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the
best interest of the Town that the amendments to the Estes Park Municipal code, Section 12.20.070,
set forth on Exhibit “A” be approved; and
WHEREAS, said text amendments are 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: Section 12.20.070 of the Municipal Code is hereby amended as more fully set
forth on Exhibit “A.”
Section 2: The Ordinance shall take effect and be in force 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 , 2017.
TOWN OF ESTES PARK, COLORADO
ATTEST:
By:
Mayor
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the day of , 2017 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2017, all as required by the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
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EXHIBIT A
Amended Municipal Code
12.20.070 - Acts prohibited on public sidewalks.
It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground
within the Town, or for the agent or servant for such owner or occupant, to place upon, apply to, embed
in or impress in any public sidewalk along on such property any sign, symbol, mark or object, or to
permit such acts by other persons. Non-permanent signs, symbols, or marks shall be allowed to be
applied to any public sidewalk, provided that they are not commercial in content, are made with a non-
toxic medium, and are approved in advance by the Parks Advisory Board. For the purposes of this
section “Non-Permanent” shall be defined as easily removable from the surface on which it is applied
and in place for a limited period of time set during the approval process.
Clean Version of Amended Municipal Code
12.20.070 - Acts prohibited on public sidewalks.
It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground
within the Town, to place upon, apply to, embed in or impress in any public sidewalk on such property
any sign, symbol, mark or object. Non-permanent signs, symbols, or marks shall be allowed to be
applied to any public sidewalk, provided that they are not commercial in content, are made in a non-toxic
medium, and are approved in advance by the Parks Advisory Board. For the purposes of this section
“Non-Permanent” shall be defined as easily removable from the surface on which it is applied and in
place for a limited period of time set during the approval process.
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Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17
Revisions: 0 Town of Estes Park, Public Works
Effective Period: Until superceded
Review Schedule: Biennial
Effective Date: 03/28/2017
References: Governing Policies Manual 3.12
PUBLIC WORKS
895
Non-Permanent Markings on Streets, Parking Lots, and Trails
1.PURPOSE
To define the process for an individual or entity to apply non-permanent signs, symbols,
or marks (henceforth “non-permanent markings”) to the surface of any Town-owned
street, parking lot, or trail.
2. POLICY
The Town of Estes Park Public Works Department allows non-permanent markings to be
applied to the surface of any Town-owned parking lot, street, or trail in accordance with
the procedure set forth below.
3.PROCEDURE
a.Exemptions
This policy shall not apply to Town employees, or Town-employed contractors,
marking Town-owned streets, parking lots, or trails in the furtherance of their official
job duties.
b.Process for Non-Permanent Art
i.Process
Any individual or entity seeking to apply non-permanent art to the surface of any
Town-owned parking lot, street, or trail shall:
1)Meet all of the conditions set forth in Section 3.c.ii of this policy;
2)Submit a complete “Non-Permanent Sidewalk/Street/Parking Lot/Trail Art”
application (Appendix A) to the Parks Advisory Board through the Public
Works Liaison; and
3)Submit a complete “Right of Way Work Permit” application (available on the
Town web site) to the Public Works Engineering Division; and
4)Receive Parks Advisory Board (PAB) approval before beginning any
installation.
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Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17
Revisions: 0 Town of Estes Park, Public Works
ii.Conditions
The following conditions must be met in order to place upon, apply to, embed in,
or impress in any Town-owned parking lot, street, or trail surface any non-
permanent art:
1)The parking lot, street, or trail on which the art is proposed to be installed
must be completely closed to vehicular traffic for the duration of the
installation;
2)The proposed non-permanent art must not be commercial in content, must
be made in a non-toxic medium, and must be approved in advance by the
Parks Advisory Board; and
3)The non-permanent art must be completely removed from the surface on
which it is affixed prior to the reopening of the parking lot or street to
vehicular traffic or, for trails, after a pre-determined amount of time
approved through the application process by the Parks Advisory Board.
c.Process for Non-Permanent Markings
i.Process
Any individual or entity desiring to apply non-permanent markings (such as race
course directional markings, etc) to the surface of any Town-owned parking lot,
street, or trail shall:
1)Meet all of the conditions set forth in Section 3.d.ii of this policy;
2)Submit a complete “Right of Way Work Permit” application (available on the
Town web site) to the Public Works Engineering Division; and
3)Receive written approval from the Public Works Engineering Division before
marking any surface covered by this policy.
ii.Conditions
The following conditions must be met in order to place upon, apply to, embed in,
or impress in any Town-owned parking lot, street, or trail surface any non-
permanent directional markings:
1)The parking lot, street, or trail on which the marking is proposed to be
installed must be completely closed to vehicular traffic for the duration of
the installation (exceptions may be granted for temporary race course
markings);
2)The proposed marking must not be commercial in content, must be made
in a water-soluble, non-toxic medium, and must be approved in advance by
the Public Works Department; and
3)The proposed marking must be completely removed from the surface on
which it is affixed prior to the reopening of the parking lot or street to
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Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17
Revisions: 0 Town of Estes Park, Public Works
vehicular traffic or, for trails, after a predetermined amount of time approved
through the application process by the Public Works Department.
Approved:
_____________________________
Gregory P. Muhonen, Public Works Director
_____________
Date
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APPENDIX A
Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17
Revisions: 0 Town of Estes Park, Public Works
TOWN OF ESTES PARK
NON-PERMANENT SIDEWALK/STREET/PARKING LOT/TRAIL
ART APPLICATION
Name:
Contact Email and Phone Number:
Location of Proposed Art:
Art Medium:
Date of Installation:
Time of Installation:
Description of Proposed Art (attach any visuals):
Plan and Timeline for Removal (including weather contingencies):
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