HomeMy WebLinkAboutPACKET Town Board 2016-11-08The 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, November 8, 2016
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 October 25, 2016 and Budget Study Session Minutes
dated October 14 and 21, 2016.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee Minutes dated,
October 27, 2016.
1. The Harmony Foundation Inc., Variance and Annexation Fee Waiver
Request, $3,225.00 - Unbudgeted.
4. Estes Valley Board of Adjustment Minutes dated October 4, 2016.
(acknowledgement only).
5. Estes Valley Library District Board Appointments:
Beth Ellis to complete Debra Dullaghan’s term ending December 31, 2017.
Ann Coleman - 4 year term beginning January 1, 2017, expiring on December
31, 2020.
Judy Fontius - 4 year term beginning January 1, 2017, expiring on December 31,
2020.
Prepared 10/28/16
* Revised
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP FROM DEER RIDGE INC. DBA THE OTHER SIDE
RESTAURANT TO CADESO LLC DBA THE OTHER SIDE RESTAURANT, 900
MORAINE AVENUE, ESTES PARK, COLORADO, HOTEL AND RESTAURANT
LIQUOR LICENSE. Town Clerk Williamson.
3. ACTION ITEMS:
1. PUBLIC HEARING – 2017 BUDGET. Finance Director Hudson.
Final Budget Changes for 2017.
Continued Public Hearing and Board Action on December 13, 2016.
2. RESOLUTION #21-16 AUTHORIZING THE TOWN TO FILE IN WATER COURT AN
APPLICATION FOR AN AUGMENTATION PLAN FOR THE SCOTT PONDS
PROJECT. Attorney White.
3. ORDINANCE #23-16 EXTENDING INTERIM FLOODPLAIN REGULATIONS.
Director Hunt.
4. DOWNTOWN PLAN COMMITTEE REAPPOINTMENT. Director Hunt.
5. LOCAL MARKETING DISTRICT BOARD APPOINTMENT. Town Clerk Williamson.
6. CONFERENCE CENTER CONCESSION AGREEMENT WITH DNC PARKS &
RESORTS AT ROCKY MOUNTAIN PARK INN, INC. Attorney White.
4. REQUEST TO ENTER EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. Section 24-6-402(4)(b) – Ballot Issue 1A Sales Tax
Overage.
ACTION ITEM:
DETERMINE POSITION ON BALLOT ISSUE 1A SALES TAX OVERAGE. Attorney
White.
5. ADJOURN.
2
Town of Estes Park, Larimer County, Colorado, October 25, 2016
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 25th day of October, 2016.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
Connie Dedon/Estes Valley Community Garden (EVCG) Board Member presented the
Town Board with a poster signed by members of the EVCG Board, organizations such
as Larimer County Boys and Girls Club, Boy Scouts, Girl Scouts, and other community
members thanking the Town for their support and partnership in creating the garden,
which contains 68 plots and supports approximately 500 families throughout the valley.
Tom Hannah/Town citizen requested the Town Board consider an ordinance to address
prolonged idling of vehicles. He stated similar ordinances have been adopted by other
communities and would address not only noise but air pollution.
Art Messal/Town citizen stated concern with the Town Board emails becoming public
because it would decrease the effectiveness of communication with the citizens. He
stated communication would become one way. He requested the Town not fund the
EDC in 2017, and to request a refund from previous years because public funds should
not be used to fund organizations which operate privately and are not accountable to
the public.
TRUSTEE COMMENTS.
Trustee Martchink commented interviews for the upcoming vacancy on the Local
Marketing District Board were completed with five qualified applicants. An appointment
would be considered by the Town Board at the November 8, 2016 meeting.
Trustee Norris reminded the public that bear activity continues to be high; however, the
efforts of the Police and the Police Auxiliary to enforce the wildlife ordinance has led to
no euthanized bears this year. The Planning Commission recommended unanimous
denial of ADU regulations due to de facto rezoning of single family residential zone
districts, increasing density through a change in allowed use, and the Development
Code and the Comprehensive Plan do not support the change. The Commission
recommended approval of a code amendment to allow up to seven multi-family units on
lots of less than 40,000 sq. ft. A special Planning Commission study session would be
held on November 1, 2016 to discuss vacation home rental regulations. The Estes Park
Nonprofit Resource Center hosted a meeting to discuss solutions related to workforce
housing and childcare. He would advocate the creation of a Family Advisory Board to
further the effort in addressing the lack of childcare in the valley.
3
Board of Trustees – October 25, 2016 – Page 2
Trustee Walker stated the Rooftop Rodeo received the most improved rodeo through
the PRCA organization. The Estes Park High School Band won conference and would
be headed to the State competition.
Mayor Pro Tem Koenig announced Sister Cities would hold their annual meeting in
January with a date to be announced with the intent on making it an international event.
Trustee Nelson commented the Larimer County Open Lands Advisory Board cancelled
the October meeting due to a lack of business.
Trustee Holcomb stated the Transportation Advisory Board held its monthly meeting.
TOWN ADMINISTRATOR REPORT.
Policy Governance 3.3 Financial Planning and Budgeting Report – Administrator
Lancaster reported full compliance with the exception of meeting the 20% General
fund balance and developing a contingency plan.
A meeting was held with Central Federal Lands and CDOT to discuss the
Downtown Loop EA. The final EA was delayed due to the preparation of response
to the public comments received. The Town would hold a special Town Board
meeting to make a determination on the de minimis findings as it relates to the
impact on the Town owned Baldwin Park and finalize the next steps for the project.
The State Liquor Investigation and Estes Park Police conducted compliance
checks on October 14, 2016 and seven out of 19 liquor licensees failed. In the
past, the Town Board has requested the license renewals for businesses that
failed a compliance check be brought forward for Board review and action.
Discussion ensued with the Board reaching consensus to have repeat offenders
with two violations in a row be brought forward during the renewal process for
Board consideration.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 11, 2016 and Town Board Study Session
October 11, 2016.
2. Bills.
3. Committee Minutes.
a. Public Safety, Utilities & Public Works Committee, October 13, 2016.
1. Membranes Replacement at Mary’s Lake Water Plant, $120,000 -
Unbudgeted.
4. Audit Committee Minutes dated October 12, 2016.
5. Transportation Advisory Board Minutes dated September 21, 2016
(acknowledgment only).
6. Parks Advisory Board Minutes dated September 16, 2016 (acknowledgement
only).
7. Estes Valley Planning Commission Minutes dated September 20, 2016
(acknowledgement only).
8. Acceptance of Policy Governance Compliance Report 3.3.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
4
Board of Trustees – October 25, 2016 – Page 3
2. REPORT AND DISCUSSION ITEMS (outside entities):
1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.
Charley Dickey/Board member provided an update on the activities of the
organization, stating the annual meeting was held with presentations provided
by Visit Estes Park (VEP) on the upcoming Centennial events and a review of
their 2017 Operating Plan. The next business after hours event would be held
in conjunction with the Creative Arts Board at the Cultural Arts Center on
November 17, 2016. The Explore your store continues to be successful with
the next event being held on November 9, 2016. The EVPC Executive Board
would be holding its elections for positions currently held by Kent Smith and
Jon Nicholas. A business welcome packet has been completed for new
businesses and a ribbon cutting process has been initiated.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. FALL RIVER VILLAGE SUPPLEMENTAL CONDOMINIUM MAP #1.
Item continued by staff to November 22, 2016.
4. ACTION ITEMS:
1. APPEAL OF PLANNING COMMISSION APPROVAL OF DEVELOPMENT
PLAN 2016-04, HABITAT FOR HUMANITY & SALUD CLINIC. Dennis and
Dena Sohocki/Appellants and Town citizens outlined the relevant facts on why
the Development Plan should be overturned, including a conflict of interest in
violation of state and local regulations which voids the Planning Commission’s
decision, and the Planning Commission failed to consider critical evidence
required by the Estes Valley Development Code. Commissioner Murphree, a
member of the Habitat for Humanity Board, recused himself during the meeting
and then proceed to speaking during public comment in favor of the project and
actively participated in the study session discussions on the item. It was stated
his presence likely influenced the vote of the other Commissioners, thus
violating the open meetings law. It was further stated Section 3.8 requires
Development Plans show the proposed development with information needed
to make an informed decision such as buried toxic underground tanks and
associated contaminated soil, and the Planning Commission is the final
decision-making body, not other departments such as the Building department.
The Planning Commission overlooked Section 3.9 that finds approval of the plat
will not be materially detrimental to public welfare, or injurious to other property
in the neighborhood. The appellants stated the site is an EPA Brownfield site
that contains toxic hazardous wastes associated with health risks such as
cancer due to the underground tanks that have not been removed and are likely
leaking toxic chemicals into the soil. The residents in the area have stated
concern that disturbed soils during construction blowing in the wind would
cause health problems for neighbors, Salud employees and visitors. The
Planning Commission should have considered the health risks and impose
measures to require future residents be made aware of site conditions and
require proper handling of the stained soil through a soils management plan.
The Planning Commission overlooked Section 1.3 that states developments
should promote health and safety, as well as efficiency and economy, and
promote higher quality in site and land planning. The proposed development
would be located at the intersection of three streets and next to a busy parking
lot, which would be dangerous to young working families and their children.
The development would have unique and expensive development cost such as
Brownfield site mitigation, specialized drainage, slope mitigation, cost of a long
driveway, and disposal of hazardous soils. The development violates the
tenant of producing a higher quality development. The appellants requested
5
Board of Trustees – October 25, 2016 – Page 4
the decision be remanded and a new hearing conducted without the improper
bias created by the conflict of interest and addresses each of the critical
development plan criteria items misunderstood or not addressed by the
Planning Commission.
Amy Plummer/Van Horn Engineering represented Habitat for Humanity stating
the lot was challenging; however, the newly created lots meet code
requirements, the drainage plan complies with the original plan submitted by
the developer, the development would improve the drainage in the area, and
the shared driveway was encouraged by staff and would be located well away
from the intersection. She stated Salud would hire an independent agency to
review the site prior to purchasing the lower lot for an expansion of their parking
lot to address the concerns raised with contamination on site.
Director Hunt stated the Building department could require further investigation
of the site through the permitting process and may require clean up of the site
prior to moving forward with development.
Art Messal/Town citizen and Vista Ridge HOA President commented Habitat
should not move forward with the project; he watched Commissioner Murphree
lobby the Planning Commission for the project; stated concern with the
contamination on site; and commented the Vista Ridge neighborhood would be
downwind from the toxic site.
Michelle Hiland/Town citizen stated the violations of the Development Code
should be evaluated and health and safety of the surrounding neighborhood
should be addressed. The contaminated soils are going to be an issue for the
development, new homeowners and the neighbors.
Curt Gleaves/County citizen and Habitat for Humanity Board member reviewed
the history of the property, the contingent purchase of the property by Habitat
due to possible environmental concerns and the numerous tests conducted to
address possible contamination of the site. He stated the appellant’s claim that
the EPA targeted the property as a Brownfield site is false. The property has
been included on an EPA list because Habitat received a grant to fund an
environmental review, and has not been targeted by any government order to
clean up the site. The soils were sampled in 2005 and one location was
identified in the northwest corner with slightly higher levels of benzene than
State standards. In October 2011, sampling of numerous sites was conducted
and no detectable levels of contamination was identified or were below State
levels. He stated chromium and arsenic are naturally occurring elements in the
soils of Estes Park, and the site has levels of arsenic below the background
levels and chromium levels well below those required to be cleaned up. The
Division of Colorado Oil and Public Safety maintains a list of tanks that
demonstrates the tanks onsite were permanently closed on January 1, 1989,
which means they were either removed or left on site, emptied, cleaned of all
liquids and vapors, and filled with sand or concrete. An interview with the
previous property owner has identified there were two above ground tanks on
the property and the tanks were improperly listed as underground.
After further discussion, it was moved and seconded (Norris/Nelson) to deny
the appeal, affirming the finding of the Estes Valley Planning Commission
and the Commission’s decision to approve Development Plan 2016-04,
and to affirm a Town Board of Trustees finding that the Planning
Commission’s determinations in this matter as identified in the August
16, 2016 minutes are appropriate and applicable under the Estes Valley
Development Code, and it passed with Trustee Holcomb abstaining.
2. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND
SINGLE AUDIT. Paul Neidermuller/CliftonLarsonAllen presented an overview
of the annual financial reporting process. The auditing firm of
6
Board of Trustees – October 25, 2016 – Page 5
CliftonLarsonAllen, LLP conducted an independent audit of the Town of Estes
Park’s financial statements as of December 31, 2015 and have expressed an
unmodified opinion (clean) that the financial statements presented fairly, in all
material respects, the financial position of the funds and activities of the Town
of Estes Park in conformity with Generally Accepted Accounting Principles
(GAAP). The Town audit addressed the GASB 68 and 71 standards which
required inclusion of the Town’s net pension liability related to its contributions
to the defined benefit pension through PERA. The Town was required to
complete a single audit because the Town received more than $750,000 in
federal grant funds. The audit ensures the Town maintains compliance with all
federal guidelines and requirements outlined in the grant requirements. Areas
of improvement noted in the Management notes included misposted entries,
tracking and recording of grant receivables, unearned revenues and revenues,
certain capital asset entries, purchasing procedure compliance, system access
monitoring, long term debt disclosures, and year end entries. It was moved
and seconded (Holcomb/Koenig) to accept the audit report and
Comprehensive Annual Financial Report for the year ending December
31, 2015, and it passed unanimously.
3. MORAINE AVENUE BRIDGE REPLACEMENT ENGINEERING DESIGN
CONTRACT. Manager Ash presented the results of an RFP issued for a
professional services contract to develop final engineering plans, specifications
and bid documents to redesign the existing box culvert structure and improve
the flow capacity under the Riverwalk crossing of Moraine Avenue. The Town
received five responses that were reviewed for project team qualifications,
relative project examples and references, responsiveness to project schedule
and approach, proposal accuracy and completeness, and budget. The review
team identified RockSol Consulting Group as the top firm due to the concept
plan, understanding of the in-progress hydrology study, proposed preliminary
design, impact on adjacent property during construction, considered a
pedestrian walkway integrated into the final structure, and inclusion of a sub-
consultant, Anderson Consulting Engineering, to address aesthetic treatments
for the bridge structure. It was moved and seconded (Koenig/Norris) to
approve a professional services contract for the Moraine Avenue Bridge
Replacement – Engineering Design Contract to RockSol Consulting
Group, Inc. for a project cost not to exceed $240,000, and it passed
unanimously.
4. RESOLUTION #19-16 ESTES PARK LOCAL MARKETING DISTRICT 2017
BUSINESS AND OPERATING PLAN. Town Administrator Lancaster stated
the Town Board and the County Commissioners are required by State Statute
to approved the Operating Plan for the Local Marketing District aka Visit Estes
Park annually.
Michelle Hiland/Town citizen stated the Operating Plan does not contain
specific data, target marketing, competitor analysis, measurable data, and clear
deliverables. The Plan lacks a process for monitoring accomplishments.
Art Messal/Town citizen stated the plan lacks numerous elements, does not
contain the information needed to measure success of the marketing plan, and
does not meet the minimum standards of a marketing plan. The Town and
County does not have a clear mechanism for determining the effectiveness of
Visit Estes Park based on the Operating Plan presented. He urged the Board
to reject the plan in its current form.
Elizabeth Fogarty/Visit Estes Park CEO and President thanked the Board for
their continued partnership. She stated a number of the items addressed by
the public comments are available on the Visit Estes Park website. The public
was provided two months to comment on the Operating Plan.
7
Board of Trustees – October 25, 2016 – Page 6
Trustee Walker stated the 2017 Operating Plan appears to be consistent with
what has been done by the Visit Estes Park Board and staff. Trustee Norris
agreed.
It was moved and seconded (Norris/Walker) to approve Resolution 19-16
approving the Estes Park Local Marketing District 2017 Business and
Operating Plan, and it passed unanimously.
5.RESOLUTION #20-16 SUPPORTING FUNDING FOR THE NATIONAL PARK
SYSTEM. It was moved and seconded (Koenig/Holcomb) to approve
Resolution #20-16 to support funding for the National Park system, and it
passed unanimously.
6.DOWNTOWN PLAN APPOINTMENT AND INTERVIEW TEAM. Town Clerk
Williamson stated the Board approved the appointment of eleven members to
the committee in January 2016. One member resigned shortly after the
appointment and the position has not been filled. As the project begins to move
forward with a new consultant, staff and the committee would recommend the
committee move forward with the current ten members and leave the eleventh
position vacant. Staff stated an even number of members would not be a
concern as voting would not take place, rather consensus on issues would be
reached. After discussion, it was moved and seconded (Holcomb/Martchink)
to approve the Downtown Committee’s eleventh member not be replaced
and the Downtown Committee move forward with ten members, and it
passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:23 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk
8
Town of Estes Park, Larimer County, Colorado, October 14, 2016
Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY
SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in said Town of Estes Park on the 14th day of October,
2016.
Board: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Nelson,
Norris and Walkers
Attending: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, and
Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Finance Director Hudson, Director Bergsten and
Hunt, Manager Fraundorf and McEachern and Director/Town
Clerk Williamson
Absent: Trustees Nelson and Walker
Mayor Jirsa called the meeting to order at 8:00 a.m.
2016 BUDGET PRESENTATION
Finance Director Hudson provided an overview of the budgeting process, stating the
departments worked in collaboration to bring forward a balanced budget for 2017, the
first time since 2011. The proposed budget contains a 2% merit pool and market
adjustments, while still maintaining a proposed 21% fund balance in the General Fund.
The 2017 budget projects a 5% increase in sales tax revenue and month-to-month
projections were made factoring in the closure of Hwy 34 through April 2017. Staff
continues to address grant receivables in 2016, which will continue in 2017 with a grant
funded administrative staff member to address grantor agencies requests in a timely
manner to facilitate collections/reimbursements. The Community Reinvestment Fund
has over $6.4 million in capital outlay proposed, including the parking garage, Moraine
bridge replacement, broadband design grant and Fish Creek Road repairs. The
Community Center fund has begun to transfer funds to the Estes Valley Recreation and
Park District on a monthly basis for the construction of the Community Center. The IT
fund would reflect a significant decrease due to a transfer of dark fiber revenues to the
Light and Power fund for the broadband fiber project. The Light and Power fund equity
decreases by $1.2 million due in part to approximately $1 million in new capital projects
in 2017. The Water fund projects an increase in fund equity of approximately $140,000
after reinvestment of approximately $946,000 in line replacement projects and system
upgrades. The Tabor reserve of 3%, $563,251 in 2017, would reside in the General
fund and be included in the reserve ratio calculation. Staff has made difficult decision
on level of service and projects to bring forward the balance budget; however, through
the budget review the Board may determine items need to be restored.
Mayor Jirsa requested staff provide a cash flow by month to determine a minimum fund
balance during months such as June and July. Director Hudson stated the number of
large capital projects would make it difficult to estimate a month-to-month cash flow;
however, staff would review and develop a proposed minimum by month for the Board’s
review. Administrator Lancaster stated staff would bring forward a cash flow policy for
the Board to review.
INTRA-FUND TRANSFER
The fund has been used to transfer funds from the General fund to the Community
Services funds for their operations in the past. In 2016, $520,000 would be transferred
from the General fund to pay for the Certificates of Participation (COPS) to repay the
loan for the construction of the Event Center and Pavilion buildings. The $435,000
transferred from the General fund to the Street Improvement fund in 2016 continues to
9
Town Board Budget Study Session – October 14, 2016– Page 2
be considered as a source for repayment of the parking garage financing for the third
and fourth levels. If approved by the Town Board these funds would be transferred to
the Community Reinvestment fund. The Utilities transfer funds to the General fund with
10% of Light and Power revenues and 6% of Water revenues. Discussion ensued on
the use of STIP funds to repay the loan for the parking garage because the voters were
informed the funds would continue to be used for street improvement. Administrator
Lancaster commented during the 1A sales tax election the Town agreed to commit the
funds to transportation projects, and staff views the parking structure as a transportation
project.
EMPLOYEE COMPENSATION/BENEFITS
Eric Marburger/EMS Consulting Services provided an overview of the Town’s market
compensation plan adopted in 2013. Mr. Marburger completed the market salary
survey for 2017 and recommended the following adjustments to the current five pay
families: 3.4% Administrative, 3.3% Technical & Professional, 2.0% Public Safety, 1.3%
Labor, Trade, Skilled and Craft, and 4.3% Management. In addition, it was
recommended the Light and Power Lineman series be removed from LTSC and a new
pay family be created. It was further recommended the dispatchers be removed from
Public Safety and included in the Technical & Professional family. Other minor changes
would occur within the pay families and specific jobs would be reclassified. Pay ranges
would be adjusted and employees would see a market increase as of the first full
paycheck in 2017 corresponding to the pay family for their position.
The 2017 budget contains an 8% increase in medical and no increase in dental or vision
premiums. The Insurance Committee reviewed with the Town’s benefit broker Hays
Companies the possibility of bringing back spousal coverage in 2017, and, determined
the Town would not be able to do so with the current claim history. This issue would be
reviewed on an annual basis. The Air Ambulance service and Teledoc would be
maintained for 2017 with membership covered by the Medical Fund. The Insurance
Committee would continue to investigate options to assist employees and provide a
comprehensive benefit package, research additional out-of-pocket cost mitigation
tools/programs, and continue to educate employees on how to maximize benefit
offerings.
INTERNAL SERVICES FUNDS
MEDICAL
The fund maintains the medical premiums and fund balances as the Town moved to self
insurance in 2012. The fund balance would be reviewed as the stated funds appear to
only capture the Town’s premiums. There are current five other local entities, including
the Library District, Estes Park Sanitation, Estes Park Housing Authority and the Local
Marketing District on the Town’s medical plan.
FLEET MAINTENANCE
Manager McEachern reviewed the budget stating the division maintains over 500 pieces
of equipment ranging from pump trailers to heavy earthmoving equipment with a
replacement value of $7 million. The division provides specifics on the purchasing of all
new equipment for the Town departments and the Estes Valley Fire District. The
revenues for the fund remain flat in 2017 with expenses increasing slightly for personnel
and O&M. An increase in labor costs would require a rate assessment in 2017 and lead
to potential rate increases in 2018. A staffing analysis demonstrates the division’s
staffing needs are 6 FTEs and an administrative supervisor. A similar analysis of shop
space showed the division operates at approximately 25% of the space per industry
standards. An increase in shop space would address current safety concerns and allow
the storage of snow plows during the winter months to enhance efficiency.
INFORMATION SYSTEMS TECHNOLOGY
The division maintains equipment attached to the Town’s network and phone system
(laptops and computers, servers, audio and video components, software, copiers and
telephone components) with each department paying a fee per item. The division would
continue to support the network system, support the Broadband and Smart Grid
10
Town Board Budget Study Session – October 14, 2016– Page 3
initiatives, and move dark fiber revenue to Light and Power. Revenues increase with
the full cost of service charged to each department. The division would be fully staffed
in 2017 and O&M expenses remain flat. Capital includes new fiber equipment, a
firewall/switch enhancement, and the replacement of one server.
VEHICLE REPLACEMENT
The Internal Services Fund maintains a fund balance for future vehicle purchases with
approximately 95 vehicles in the fleet. In 2016, 21 vehicles were replaced at a cost of
$1.15 million. The 2017 budget contains 6 vehicles slated to be replaced at a cost of
$305,154. There are no new vehicles budgeted for 2017. The fund would be funded by
the General fund at 50% of normal as a budget saving measure in 2017. Staff would
review the replacement schedule for vehicles and make appropriate adjustments to
extend the useful life. Trustee Norris requested staff provide the Board with the
dollars needed to make the fund whole. Mayor Pro Tem Koenig questioned the
fate of the Senior Center van. Trustee Holcomb stated concern the fund would
not have the appropriate balance to fund replacement vehicle for the next 3 – 5
years. Staff stated the MOU with the EVRPD would transfer the van to the District with
the transfer of the Senior Center in 2017/2018, and at that point in time the District
would be responsible for the maintenance and replacement.
Mayor Jirsa called a break at 9:55 a.m. and reconvened the meeting at 10:05 a.m.
GENERAL FUND.
Finance Director Hudson stated the General fund revenues are primarily from sales tax,
property tax, transfer from Utilities, charges from services, operating grants and
contributions, and capital grants and contributions. Sales tax for 2017 has been
projected to increase by 5% with a budget estimate of $10.9 million. The Town’s
property tax mill levy of 1.822 equates to 2.2 cents of every dollar of property tax paid.
The average mill levy in Larimer County for 2016 was 12.19 mills. The departmental
revenues for 2017 are estimated at $5.16 million and include charges for services. The
most significant changes in revenues come from one time grant revenues for capital
projects. Staff continues to review grant opportunities and weigh the cost benefit
associated with the staff time required to administer grants.
Each fund was reviewed and requests for additional information is noted below:
Legislative – The benefit costs increase in 2016 and 2017 with the current
elections made by the Board members. The Mayor’s cell phone allowance has
been moved to a compensation line item in 2017. Funds have been budgeted for
a portable audio system for meetings at locations such as the Event Center. The
Mayor’s contingency fund would be reduced to $25,000 with $5,000 moved to
office supplies for promotional items.
Judicial - The fund remains flat for 2017 with no significant changes.
Executive –The department budget remains flat for 2017 and would realize a
reduction in personnel cost in August 2017. The budget includes funds for the
Town’s Centennial celebration.
Administrative Services – Revenues from business licensing increased in 2016
because of the change in vacation home fees in January 2016. The additional
revenues are to be used to offset additional code compliance staffing to address
associated compliance issues for vacation homes. Expenses increase slightly
with the continued need for contract labor in lieu of additional staffing, the
inclusion of employee development and leadership training, and agenda
management software without the implementation of document management
software. The budget does not include funding for the service proposal to
implement a town wide document management system. The Town Board
requested staff present the service proposal at the November 8, 2016 study
session.
11
Town Board Budget Study Session – October 14, 2016– Page 4
Finance – The revenues remain consistent with 2016 and includes continued
funding from DOLA for a flood accountant in 2017. The department recommends
converting a fixed term Grant Specialist to a regular employment position in
2017.
Employee Benefits – This fund contains the homeownership program, tenure
awards, wellness program, benefit consultant, post-employment benefits and
employee gatherings. The budget does not include a holiday gathering in 2017.
The 2017 budget increases due to the number of potential retirees that could
take advantage of the post medical insurance benefit and the number of
employees enrolled in the home ownership program. An actuarial study has
been budgeted for the post employee benefits which is required every other year.
COMMUNITY DEVELOPMENT
The department provides planning services for the entire Estes Valley and building
safety services for properties within Town limits. In 2017, the Planning division would
develop a Downtown Plan integrating floodplain management, economic development
and land use planning; continue to support the Watershed Coalition’s planning and
project implementation efforts; continue multi-year flood mitigation planning, including
short and long term objectives; coordinate effort with Town’s floodplain management
team; develop and implement residential and housing revisions to the Development
Code and policies; completely revise the Sign Code; develop and implement specific
commercial revisions to the Development Code; create and implement redevelopment
regulations to the Development Code and expand code enforcement capabilities and
tools with the implementation of iCompass for vacation rentals. Larimer County
revenues increase in 2017 with a 50/50 cost sharing of the iCompass software. The
department has anticipated an increase in charges for services in 2017. O&M costs
decrease with a reduction in the outsourcing of development plan reviews to improve
transparency and customer service.
Protective Services (Building) provides building permitting and inspection, addressing
and floodplain management in conjunction with Planning staff. Floodplain management
and floodplain administration has been placed on hold until the final hydrology report
has been completed and parameters have been determined. 2017 revenues decrease
with the completion of the grant funded hydrology study. Personnel cost increase with
the division fully staffed and reflects a corresponding decrease in O&M for the
outsourcing of plan review. Mayor Jirsa questioned if the proposed budget begins
to address the level of service provided by the department. Trustee Norris
expressed the same concern as it relates to customer service. Director Hunt stated
the department would be addressing its processes to simplify them in an effort to
provided better customer service.
CULTURAL SERVICES
Senior Services - Operates the Estes Park Senior Center and its programs,
including onsite dining, Meals on Wheels, information and referrals, outreach,
facility rentals, public meetings, recreation and social opportunities, and health,
wellness and fitness programs with 2.55 FTEs and 155 volunteers. The staff
continues to work with the EVRPD to transition Senior Services to the District
upon completion of the new Community Center in 2017 and a transition plan for
Meals on Wheels program beyond 2017. To accomplish the transition plan staff
has requested an increase of the Program Coordinator positions by an additional
4 hours per week each during 2017. Further discussion was heard on the
transition of the meal programs. Manager Mitchell stated staff has been in
discussions with Crossroads and the Larimer County Office of Aging to
determine an appropriate and feasible program for Meals on Wheels moving
forward. The Fort Collins model may be implemented, which provides a week
worth of frozen meals. Other options explored are partnerships with the School
District and the Hospital. Revenues remain steady with the Senior Center Inc.
funding the difference between the Town’s funding for meals and the new
contract with Catering for All Occasions in 2017, a $16,000 difference.
12
Town Board Budget Study Session – October 14, 2016– Page 5
Museum – The 2017 budget would address grant funding opportunities for the
Collection and Research building; museum staff providing a leadership role in the
Centennial celebration of the Town; complete the remodel of the main Museum
building; remove temporary exhibit in 2017 due to a lack of staffing; and begin
accreditation through STEPS program. The remodel of the building would
ensure the current building is viable for the next 15-20 years. The Estes Park
Museum Friends and Foundation would continue their efforts to raise the funds
needed to complete the $1.7 million Collections and Research facility. Staff
would research grant opportunities to improve the Birch Ruins and evaluate local
funds from organizations such as the Rotary clubs for educational programs.
Revenues, Personnel costs, and O&M would remain flat for 2017.
Mayor Jirsa called a break at 11:50 a.m. and reconvened the meeting at 12:07 p.m.
UTILITIES
Light & Power – The department provides electric power to approximately 10,500
accounts, including service to Rocky Mountain National Park; maintains 300
miles of distribution lines and construction of new infrastructure; provides meter
reading service for both electric and water; and provides energy efficiency
programs and renewable energy options. The projected fund balance would
decrease with an increase in expenditures over revenues in 2017; however, the
ending fund balance meets the debit service requirements. Revenues decrease
slightly in 2017. Personnel cost increase with the addition of a Document
Technician and fully funding a Project Manager with the elimination of the grant
funding for the position. Capital projects include tree cable and undergrounding
along Fall River, continue automated meter reading improvements with Smart
Grid, and underground/overhead work on the Allenspark circuit. Staff would
begin Phase I of a web based utility billing which would require web facing
servers. The Broadband project continues with dark fiber revenues transferred
from IT to Light and Power, inventory of field assets, and development of fiber
asset management software. Trustee Holcomb questioned if the rates
established would be sufficient to fund the utility. Director Bergsten stated
the current rates allow the utility to meet debt service coverage and maintain 90
days O&M. Staff continues to address capital projects that reduce outages and
the time customers are without power.
Water – The department manages water rights, augmentation plan accounting,
backflow prevention program, regulatory compliance testing and reporting, and
capital construction for aging infrastructure. In 2017, the ending fund balance
would increase with the new water rates established in 2016. Personnel cost
would increase with the addition of a Laboratory Technician and the increase of
the Administrative Assistant to full time. Capital projects would include a new
water main in the Reclamation neighborhood (Phase 1 of 5) and multiple system
improvements and automation. The department would administer water rights
with the Northern Colorado Water Conservancy District and Big Thompson water
rights acquisition. Director Bergsten stated the Water Master Plan continues to
address resiliency through the development of two raw water sources to one of
the water plants, and the need to address aging infrastructure with the
replacement of pipe. The funding needed to replace one mile of pipe has been
estimated at $1 million with 50 miles of pipe to be replaced. The department has
approximately four years to utilize the funding available through the USDA to aid
in the cost of replacement. The Town bonded the cost to upgrade the Mary’s
Lake Water Treatment facility in 2008 with a 20-year bond.
The next Budget Study Session is scheduled October 21, 2016 8:00 a.m. – 1:00 p.m.
There being no further business, Mayor Jirsa adjourned the meeting at 12:35 p.m.
Jackie Williamson, Town Clerk
13
14
Town of Estes Park, Larimer County, Colorado, October 21, 2016
Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY
SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in said Town of Estes Park on the 21st day of October,
2016.
Board: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Nelson,
Norris and Walker
Attending: Mayor Jirsa, Trustees Holcomb, Koenig, Martchink, Norris
and Walker
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Finance Director Hudson, Director Hinkle, Chief
Kufeld, Captain Rose, Director/Town Clerk Williamson
Absent: Trustee Nelson
Mayor Jirsa called the meeting to order at 8:00 a.m.
COMMUNITY SERVICES FUNDING REQUESTS (General Fund)
Trustees Holcomb and Nelson met to evaluate the grant applications and reviewed
each to determine the number of people served and affected by the services provided to
citizens of Estes Park. Services the grant funds have supported over the years includes
arts and education, transportation, youth programs, human services and sister cities
programs. Intergovernmental support to partnering agencies has included the Fire
District, Housing Authority, and the Economic Development Corporation. The Town has
funded the food tax refund program from this fund as well. The Committee
recommended funding of ten outside organization in 2017 as outlined below in the
funding amount of $106,500:
The Fire District would receive 7% of the non 1A sales tax revenue, $45,000 funding for
EDC and Via funding was moved to Senior Services. Additional Mayor Contingency
fund requests have been made for 2017 and include funding for sponsorships from the
Art Center, Cultural Art Council, Estes Park Duck Race, Estes Park Nonprofit Resource
Center, Partners Mentoring Youth and Senior Pro Rodeo.
Rita Kurelja/EPHA thanked the Town for their continued support of the Housing
Authority which began in 2002. The Authority has been committed to reducing the
requested funding annually and had requested $42,000 in funding, an $8,000 reduction
ORGANIZATION 2017 BUDGET
Arts & Education:
Estes Art District, $1,000
$1,000
Youth:
Boys & Girls Club of Larimer County, $2,500
Estes Park Learning Place, $1,000
Estes Valley Investment in Childhood Success (EVICS), $18,000
Larimer County Partners, Inc., $2,000
$23,500
Human Services:
Crossroads, $20,000
Estes Park Nonprofit Resource Center, $4,000
E.P. Salud, $20,000
$44,000
Sister Cities Int’l. Conf. Student Participation, $3,000 $3,000
Housing:
Estes Park Housing Authority, $ 25,000
..Estes Valley Workforce Housing Assistance, $10,000
$35,000
Food Tax Refund, $12,000 $12,000
15
Town Board Budget Study Session – October 21, 2016 – Page 2
from 2016 funding. The Authority requested and has been recommended $10,000 for
the down payment assistance program that provides loans at 2% interest for ten years
to help individuals become homeowners in Estes Park. They currently manage 207
rental units, 50 homeownership units, and serve 650-700 individuals. The need
continues to grow, therefore, the Authority requested the Board fully fund the request of
$42,000 rather than the recommendation of $25,000. The current financial goal of the
Authority consists of financial independence in the next two years.
Nancy Almond/EVICS provided a brief history of the funding provided by the Town
which began in 2006 with $32,000 and consisted of 74% of the organizations base
operating expenses. At the request of the Town, EVICS has expanded its funding
sources with the Town funding now at 19%. The needs continue to grow with EVICS
now serving 260 families and anticipates more staff time would be needed in 2017 to
facilitate scholarships due to the cap on the CCAP program. EVICS received $25,000
in support during 2016, requested $35,000 in 2017, and has been recommended for
$18,000 by the Committee. Staff has secured funding for scholarships but finds it
difficult to raise funds for the fixed costs of staffing and office space at an estimated cost
of $60,000/year. Jane Stuart/President stated investing in childcare equates to an
investment in the workforce. The decrease in Town funding would eliminate 350 staff
hours when the demand continues to grow. Trustee Walker questioned the impact
having EVICS as a budget line item would have on the organization. The hours
used to complete the grant application annually could be used to support families;
EVICS would still remain accountable to the Town; and it would demonstrate a reliable
source of funding to potential donors.
Cydney Springer/Estes Park Art District thanked the Board for the $1,000
recommendation. The funding would provide assistance in establishing one consistent
calendar for the community as it relates to the arts.
Kathy Whitacre/Partners Mentoring Youth read a prepared letter by the Executive
Director thanking the Town for their continued support of the program in Estes Park;
however, the decrease in support in 2017 would be challenging to absorb.
Kathy Nauman, Learning Place Executive Director stated the grant requested would
provide need based grants for tutoring services that range from 25% to 95% of the
service. Approximately $14,000 was provided in need based services in 2016. The
2017 request was $5,000 and the Committee recommended $1,000. The original
funding request would provide 2 months of need based scholarship funding.
Jill Lancaster/Nonprofit Resource Center Executive Director stated the nonprofits in
town provide services to both the citizens and the guest of the community. She stated
concern the funding was reduced for all services in 2017 because the service needs are
increasing. She reiterated private funders look at the level of support from local
government when considering a donation. The nonprofits provide services that may be
done by the local government if a nonprofit were not doing so.
Trustee Holcomb commented the Committee reviewed the grants to determine how the
entities fulfilled the goals of the Town’s Strategic Plan. He stated the departments had
to cut their budgets to provide a balanced budget; therefore, the Committee cut the
funding for the Community Service grants in support of the effort.
Mayor Pro Tem Koenig stated the philosophy in the past was to encourage entities to
find outside funding in an effort to diversify their revenues, while still making the
organizations viable. She recommended increasing the funding for EVICS to $25,000
and the Housing Authority to $40,000 because the organizations are key outcome areas
of the Town’s Strategic Plan. Trustees Norris and Martchink were in agreement.
Mayor Jirsa requested the Town Board complete the budget presentation and discuss
the funding holistically rather than individual items.
16
Town Board Budget Study Session – October 21, 2016 – Page 3
COMMUNITY SERVICES
Visitor Services – The Center provides information and support to guest of the
Town with six employees and approximately 60 volunteers. The overall budget
remains flat from 2016. The 2017 budget was reduced by $7,000 for building
related expenses, equipment and supplies, and other expenses related to lobby
displays. Trustee Holcomb questioned if reducing maintenance just delays
maintenance response. Mayor Pro Tem Koenig suggested staff continue to
provide preventive maintenance to ensure the Town facilities do not fall
into disrepair. Director Hinkle stated the reduction in maintenance are mainly
cosmetic.
Fairgrounds and Events – The division provides marketing and sales of the Event
Center Complex and other Town events, plans and produces events, coordinates
the use of the Event Center Complex, develops and produces new events and
coordinates volunteers with 13 FTEs. An ongoing evaluation of existing events
continues with the Movies in the Mountains, Tinsel Tavern Tour and Scottish
Festival being discontinued or scope reduced. Staff has created new events for
2017, including Whiskey Summit, Oktoberfest, Food Truck Competition, and Dog
Show. Additional measures to improve the divisions budget include an increase
in revenues through building rental fees, event admissions and feed sales. Staff
has identified savings in the reduction of Winterfest entertainment, wireless
agreement, Events Complex website, and ticket processing. These efforts
allowed for an increase in the marketing budget of $10,000. The budget contains
funds for the Town’s Centennial Celebration into the Town’s signature events in
2017 such as the Rodeo. Revenues are anticipated to increase by
approximately $90,000 and expenses increasing by approximately $120,000.
Event Center revenues increasing by 32% and expenses decreasing 4%, which
equates to a 43% reduction in the Event Center’s net operating deficit. The
Center would be utilized 150 days in 2017. Staff would develop a multi-year
contract with the Scotsfest to reduce expenses to the Town.
Mayor Pro Tem Koenig questioned if staff has addressed the signage on
the Event Center and for the Event Center Complex and requested funds be
placed in the budget to address signage. Administrator Lancaster
commented staff has been working on replacing the banner at the Hwy 34/36
intersection to provide a variable message sign announcing events taking place
in Estes Park.
Director Hinkle commented on the service proposal to replace the footing in the
main arena at a cost estimate of $125,000. A maintenance schedule would be
developed for the other arenas as the footing would need to be addressed for the
horse shows that are revenue generating events and can be a safety and liability
issue. Trustee Martchink requested a maintenance fund be created to
address the issue over time.
Transportation – The current shuttle system consists of five routes with 62 stops
serving the Estes Valley 79 days during the years from late-June through mid-
September. In 2017 there would be minor shuttle stop modifications to improve
service time, expand shuttle sponsorship program and continue to subsidize
service to areas outside the Town limits. Advertisement and sponsorships would
increase revenues from $6,000 to $7,500. Expenses would be reduced by
ending service at 9:00 p.m. rather than 10:00 p.m., and discontinue service post
Rodeo, Scotsfest Tattoo and special events such as Winterfest, Stanley Film
fest, Memorial Day Weekend, Ambassador Tour, Wool Market, Jazz Fest/Art
walk due to low ridership levels. Mayor Pro Tem Koenig stated concern with
the impact the elimination of the last hour might have on restaurants and
other services and the impact on guests participating in events. We need
17
Town Board Budget Study Session – October 21, 2016 – Page 4
to review the impact on the shoulder events. Director Hinkle stated the
impact would be approximately 3,000 riders over the 79 days of service. Another
option would be for the individual events to pay for the shuttle bus service.
Administrator Lancaster commented the outside areas should pay for the shuttle
service.
Staff has requested consideration to reinstate the Express Shuttle service from
the Events Complex Park-n-Ride to the Visitor Center. With the installation of
electronic signage directing cars to the parking lot more cars would utilize the lot.
An additional route operating at peak hours from noon to 5:00 p.m. would cover
the express service at an additional cost of $29,000.
Mayor Jirsa called for a recess at 9:20 a.m. and reconvened the meeting 9:30 a.m.
POLICE
The Police Department includes services for Patrol, Support Services, and Community
Services divisions. The 2017 budget for the department would include increases to the
number of CSOs from five to eight due to the increase workload associated with the
Barnes Dance. The overall budget increases with competitive market adjustments, IT
costs and funding vehicle replacement. The department cut the 2017 budget by
eliminating the annual awards banquet, Segway refurbishment, removed Captain level
Command school, Chiefs training and annual conferences, decreased contribution to
fleet maintenance, new identification machine, decrease uniform budget, decrease
supervisor training in 2155, decrease patrol officer training, and remove new furniture
from the Dispatch manager office. A service proposal was submitted to add one full
time Emergency Services Communication Dispatcher at an annual cost of $55,465 with
benefits. There continues to be a need to provide double coverage at peak times for
Police, Fire and EMS calls. A recent staffing study indicated nine dispatchers would be
needed to meet minimum staffing needs to provide the level of safety required to meet
the needs of citizens and first responders. Trustee Holcomb questioned the
decrease in training for the Police officers as the recent citizen survey indicates
public safety as a high priority. Mayor Jirsa stated concern with the training for
the Patrol Officers and questioned the amount cut from the budget. Trustee
Norris stated concern with cutting training and stated there is a tendency to not
replace the training in the future. Chief Kufeld stated staff would provide in house
training and would bring training opportunities to Estes Park thereby receiving training at
a reduced cost. A number of the Officers have been trained to provide training to the
other employees. Additional discussion was heard on the appropriate number of
dispatchers and whether or not the other entities using the services of the Town’s
dispatch would be willing to share in the cost of hiring additional FTEs. Trustee
Holcomb questioned the department’s need for additional officers. Chief Kufeld stated
as the seasons begin to blend the department may need an additional officer.
EMERGENCY RESPONSE SYSTEM FUND (SPECIAL REVENUE FUND)
The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The
fund would receive 2.5% of the new tax for capital acquisitions associated with
emergency response capabilities of the Town, such as emergency public radio and
emergency operations center equipment and associated costs. In 2017, the Town
would purchase computer and radio upgrades, ARES antenna for the municipal building
and Event Center, satellite phone and service plan, public awareness guides,
preparedness education, hazardous material safety equipment, critical mention media
monitoring software, and information radio specialist media stream. Discussion
followed on the allowable uses of the 1A funds and it was determined the education
materials could not be funded with 1A funds.
PUBLIC WORKS
Buildings – Manages 30 Town owned structures and maintenance contracts for
janitorial services and other systems. Revenues and expenses decrease in
18
Town Board Budget Study Session – October 21, 2016 – Page 5
2017. The division would prepare a strategic plan in response to internal space
needs assessment and projected staffing plan; implement Lucity maintenance
management system to manage preventive maintenance needs and provide
timely responses to routine repair request; evaluate the cost-effectiveness of
contracted versus in-house janitorial services; develop concept for a public-
private partnership in utilizing vacant Town land for workforce housing; rebid
blanket contracts for routine services; and complete capital projects, including
Town Hall roof, Phase II security camera replacement, reroof Streets/Fleet shop,
and complete project management of the Museum remodel. The division would
defer the replacement of second floor west windows in Town Hall, reduce
security camera system replacement, and eliminate rent payment to Light and
Power for the storage in the old shop.
Engineering – A division of Public Works which oversees capital projects,
authorizes construction work in the public right-of-way, review development plans
and building permits for compliance, guidance with improvement projects related
to traffic, drainage, streets and parks, and transportation engineering and long-
range transportation planning with federal and state agencies. Engineering
would coordinate with CDOT for permanent repairs on Hwy 34 and overlay
project on Hwy 7; coordinate with agencies on the FLAP grant, design and
construction of the Estes Park Loop; work with Larimer County on Fish Creek
repairs; manage the construction of the Visitor Center Transit Parking structure;
manage Moraine Avenue Bridge Replacement project; complete the design and
installation of the new dynamic message signs on Hwy 34 and 36 to improve
parking utilization at the Events Complex Transit Hub; manage stormwater
master plan and feasibility assessment; evaluate implementation of a paid
parking program downtown; and complete a staffing needs assessment for future
development review engineer and stormwater engineer. Personnel costs
increase with the inclusion of a grant funded Flood Recovery Project Associate,
and O&M include the cost of a Bridge Engineer consultant as Public Works was
not successful in hiring the grant funded position to complete the Moraine Bridge
replacement.
Streets – The division of Public Works is responsible for 57 miles of roadway
including snow removal, street sweeping, striping and street maintenance
program, over 100 miles of drainage ways and roadside ditches, signage
replacement, maintenance, and installation of traffic control devices during
special events. A staffing and space needs assessment would be completed to
evaluate the cost-effectiveness of in-house crack sealing, chip sealing, and
paving machine patching in lieu of contracting services; conduct year-round
shallow pothole repairs; and use new GPS data collector to build stormwater
inlet, sign and pavement marker database for future maintenance planning and
programming. Staff proposed $91,690 in cuts to balance the budget and
requested the Board consider reinstating the conversion to 800 mhz radio
system, equipment rental to reclaim asphalt pavement and clean plugged storm
drains, education and training, and repair of parking lots. Mayor Pro Tem
Koenig stated the Board should have a discussion on the use of 1A sales
tax funds to repair parking lots as the guests and citizens drive in parking
lots, therefore, the use of the funds would be appropriate to repair the
parking lots.
STREET IMPROVEMENT FUND (SPECIAL REVENUE FUND)
The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The
fund would receive 60% of the new tax for the construction, repair, replacement,
rehabilitation and renovation of streets within the Town. In 2017, the funds would be
used to procure a contractor to complete the 2017 crack seal program, chip seal and
overlay projects as identified by the Street Maintenance program; and to construct the
rehabilitation of MacGregor Avenue to include a concrete multi-use path along the east
side of the road in coordination with the EVRPD to complete a trail system to the Gem
19
Town Board Budget Study Session – October 21, 2016 – Page 6
Lake Trailhead. Discussion ensued on the need to address the Tabor limits by reducing
expenditures and set aside reserves in the event funds need to be returned. Trustee
Norris stated the Board needs an Executive Session to discuss options. Mayor
Jirsa agreed and stated the Town should not spend the extra funds until a
decision has been made. Trustee Walker stated the Tabor notice addressed the
first-year collections but remains silent on future year collections.
TRAILS FUND – (SPECIAL REVENUE FUND)
The fund was also formed with the passage of the new 1% sales tax and would receive
12.5% of the new tax for the construction and expansion of public trails within the Estes
Valley planning area. The fund would be used to complete the trail along MacGregor
Avenue as outlined in the Street fund and would be capped at $250,000 in lieu of the
Tabor refund concerns.
Mayor Jirsa called for a recess at 11:15 a.m. and reconvened the meeting 11:30 a.m.
Parks – The division of Public Works is responsible for the maintenance,
renovation and management of all Town-owned-park land and assists with the
removal of snow. Projects and expenditures for 2017 would include the design
and construction of the irrigation system and landscaping around the Visitor
Center Transit Parking structure; installation of smart irrigation controllers and
moisture sensors at the Visitor Center, Riverwalk and George Hix Riverside
Plaza; and replace the 2006 flatbed pickup truck with a higher torque diesel truck
for improved snow removal support. The division reduced the budget by cutting
maintenance contracts for tree trimming and brick planter maintenance; reduced
room and board reimbursement for America in Bloom judges with the private
sector partners to cover the cost; and reduce the cost of noxious weed disposal
program by 50%.
OPEN SPACE
The Open Space Fund reflects the Town’s portion of a one-quarter of 1% sales tax
increase that was passed by Larimer County voters in 1996. $300,000 would be used
for the MacGregor Avenue trail. $200,000 a year would be set aside for the next three
years for future Fall River Trail construction to be used for the local match to a future
grant. The trail construction has been estimated at $6 million to connect to the Park.
The Town has requested EVRPD set aside the same funds for the local match. In
2017, Public Works would coordinate with Larimer County on construction of the Fish
Creek trail flood repairs.
CONSERVATION TRUST FUND
This fund contains revenues from the State lottery and is used to fund bark beetle
management and tree replacement for Arbor Day.
COMMUNITY RECREATION CENTER FUND – (SPECIAL REVENUE FUND)
The fund was created by the April 2014 passage of the 1% sales tax for 10 years. The
fund would receive 25% of the new sales tax increase, to be used for the construction of
a Community Center by the EVRPD. The Town has begun remitting funds to EVRPD
and would transfer $549,920 in 2017 for the construction of the Community Center.
COMMUNITY REINVESTMENT
The fund serves as the Town’s capital project fund for its governmental funds and
receives funds from the General fund through sales tax revenues, grant funds and
Tabor excesses when applicable. Major expenditures for 2017 would include
Community Drive engineering design, completion of Moraine Avenue bridge, parking lot
repairs, downtown parking plan, Event Center COPs debit service and Visitor Center
Transit Parking structure debit service.
20
Town Board Budget Study Session – October 21, 2016 – Page 7
SUMMARY
Finance Director Hudson provided a review of the proposed budget presented by the
departments. He stated the staff has presented a balance budget for the General fund
and anticipates a record year for sales tax collection. Several new positions have been
requested, including a Grant Specialist, three additional CSOs, an additional dispatcher,
a Plans Examiner, Parks Municipal Service Worker, increases to Senior Center
Coordinators of 4 hours per week, Light and Power Document Technician, convert grant
funded Utilities Project Manager to full time staff and increase Water Administrative
Assistant to full time. The General fund ending fund balance has been estimated at
27% with the proposed budget. Service level proposals were presented for a Town
wide document management system, increase in Special Events advertising budget,
improved footing material for the main Event Complex arena, and additional Park-n-
Ride express shuttle service.
DISCUSSION
Mayor Jirsa stated the Board must consider each item to determine if the items meet
Board policies, does the budget meet the Board’s ends, strategic plan and goals
established by the Board. Administrator Lancaster cautioned the Board the 5%
increase in sales tax has been estimated and may not be realized. He reminded the
Board the budget could be adopted, reviewed in 2017 as sales tax revenues are
received, and updated as the year progresses with items add at that time.
Board discussion followed on what items should be added back into the budget.
Trustee Norris stated a number of the nonprofit organizations assist the Town in being a
premier mountain community such as those assisting with housing and childcare. He
recommended the Partners Mentoring Youth be increased to $4,000, EVICS be funded
at $25,000 and the Housing Authority at $40,000. Mayor Pro Tem Koenig suggested
the Nonprofit Resource Center also be increase to $7,000. Trustee Holcomb
recommended the funding of an additional dispatcher and Patrol Officer, reinstate
$7,500 in Police training, and add back the last hour of shuttle service and an additional
month of service in the fall. Trustee Walker stated the Arts and Education should be
funded $1,000 for Boys and Girls Club, and the Band Program funded at $1,000;
include the arena footing at $125,000; move EVICS from a Community Service grant to
a line item in the Town budget annually. Trustee Holcomb stated disagreement with
moving EVICS to a line item as the organization should not be provided preferential
preference in the budgeting process. Trustee Martchink stated frustration with the
Community Service grant process and would request staff review the process for 2018.
He would support the increase in funding for EVICS and the Housing Authority,
replacing the footing in the main arena, upgrade Street division radio system, and
express shuttle service.
Mayor Jirsa stated with the closure of Hwy 34 the Town sales tax collection could be
impacted, therefore, funds available are unknown. He would recommend adding the
dispatcher and the Police Patrol training to the 2017 budget, and suggested the Board
take a wait and see approach to a number of the items once the Town has sales tax
collection numbers for the next 4-5 months. This approach would allow the Board to
make final decisions in February 2017 on what additional items should be added. Based
on sales tax collection. Trustee Norris agreed and stated the Board should have items
identified as add alternates; however, he would continue to support the additional grant
funding for childcare and housing and the express shuttle service. Mayor Pro Tem
Koenig purposed the Town consider funding the Gun Club for the use of the restroom
facilities at the indoor gun range.
Administrator Lancaster reviewed the items to add to the budget, including the Housing
Authority - $15,000, EVICS - $7,000, Partners Mentoring Youth - $2,000, Nonprofit
Resource Center - $3,000, Boys and Girls Club - $1,000, School Band - $1,000,
dispatcher - $55,000 plus benefits, PD training - $7,500, Gun Club - $500 and Public
Works Streets radio improvements - $6,000. All other items would be add-alternates to
the budget.
21
Town Board Budget Study Session – October 21, 2016 – Page 8
The budget hearing notice has been published for November 8 and November 22,
2016. With two members unavailable on November 22nd, the Board agreed to hold the
second and final meeting on December 13, 2016.
There being no further business, Mayor Jirsa adjourned the meeting at 12:50 p.m.
Jackie Williamson, Town Clerk
22
Town of Estes Park, Larimer County, Colorado, October 27, 2016
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
27th day of October, 2016.
Committee: Chair Walker, Trustees Holcomb and Norris
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Directors Hinkle, Hunt, and Fortini, Manager
Mitchell and Recording Secretary Beers
Absent: None
Chair Walker called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None
CULTURAL SERVICES.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Museum Report – Director Fortini provided highlights on his report stating the
department was able to pursue the Historic Home Tour which was on hiatus after the
2013 flood. The event was originally a Museum event but was turned over to the
Estes Park Museum Friends and Foundation, Inc., as a non-profit fundraiser,
however, for various reasons the Friends group were not able to pursue the event.
Due to its popularity, the division brought the event back and staffed the event
capping attendance at 60 which sold out and had a 30 person wait list. The event
earned a $2,000 profit this year and the division looks forward to bringing the event
back next year. Different regions and historic structures, were identified working with
the property owners/homeowners to help develop text and interpret the sites
historically. Director Fortini stated the Museum has completed a transfer of artifacts
concerning local history from the Estes Valley Library District which include some
shelving units. The Library was able to provide 2 sets of artifacts in their local history
archives which would allow the Museum to unbind and digitize 1 set while keeping
the other set intact. Digitizing increases access and preserves the artifacts but does
not replace the object. The Drawn to Black Canyon: The Beauty of MacGregor
Ranch temporary exhibit would be closed on October 30th, which has been very
successful. Trustee Holcomb questioned why programs have increased and
attendance has gone down. Director Fortini stated there are a number of variables
that determine attendance including choosing the right subject matter, topic,
presentation, systematic selection of speakers and weather to name a few.
Collections and Research Facility Presentation – Director Fortini presented a
presentation on the history of the Museum and its use of storage facilities which
have been inadequate and put artifacts at risk. This led to a feasibility study in 2008
and a 2012 Master Plan with the Senior Center. The Museum has approximately
35,000 artifacts and continues to acquire items that are specifically unique to Estes
Park. In the event that the Museum denies objects, efforts are made to find an
appropriate place for the item. The Museum has deaccessioned 350 artifacts and
has identified an additional 3,500 items for deaccession. With the Library’s
collection, the Museum is now the number 1 repository for local history. The
Museum averages 60 researchers who put in 120 hours and does not include staff
use, which would increase with the addition of the Library collection. Director Fortini
displayed renderings of a 3,000 sq. ft. conceptual design for a Museum and a new
collections facility and space for growth. Director Fortini elaborated on the
importance of the design and layout, stating that grant funding to build the facility
would be dependent on how they serve the public. 2018 is the projected goal for
23
Community Development / Community Services – October 27, 2016 – Page 2
completion of the building if the Museum can secure two grants staff has identified.
Director Fortini stated that the research facility would allow the Museum to obtain
accreditation, by meeting minimum standards of excellence, which validates the
work put in and allows the Museum to apply for grants. The Estes Park Museum
Friends and Foundation, Inc., are committed to raising $1 million. After the kick-off
event in September they have raised approximately $400,000. Trustee Norris
questioned to what extent the Museum has shared the presentation with local and
regional media. Director Fortini stated they have shared the presentation with their
members to gain support and with the attendees of the fundraiser, with the intent to
share the presentation with the community at some point.
New Museum Logo Presentation – The Museum sought a logo and tag line that
would enhance branding efforts and create a unique identity. The Museum hired a
professional designer to develop a brand story, logo and tagline which has been
approved by Administration.
Centennial Celebration Verbal Update – Coordinators Johnson & Benes gave an
update on the Centennial Celebration. Funds raised for the use of the logo on
merchandise and donations would be used for restoration of the Knoll Willow open
space. The Museum would apply for a grant to stabilize the Birch ruins to ensure
the safety of the area. Supervisor Berg reviewed the trails and signage to improve
the learning experience. Local businesses have shown interest in using the logo.
Information would be located in the Knolls Willow parking lot in the form of a kiosk.
Coordinator Benes stated the logo use and fees are modeled around the National
Park’s centennial celebration. Visit Estes Park has been working closely with the
Committee in developing the logo.
COMMUNITY SERVICES.
REPORTS.
Shuttle Update – Coordinator Wells presented a preview of an end of the year
report. Ridership for the year has eclipsed 101,000 with the Red and Brown routes
showing growth. He stated the average riders per day showed significant growth
with 13,000 per day, and summer season ridership at 96,264. This equates to
roughly 3 people per car and approximately 33,000 cars taken off the streets.
Coordinator Wells stated there are two revenue opportunities, including an increase
in shuttle map and schedule size to allow additional sponsorship and interior
advertising within the buses. Coordinator Wells stated that exterior advertising is in
progress and staff continues to investigate funding opportunities. The Centennial
logo would be advertised in the shuttles during 2017. Coordinator Wells provided an
informational flyer on the Rural Transportation Authority (RTA). The Committee
agreed to discuss RTA further and would like more information about the program.
Visitor Center Update – Manager Salerno stated that 2016 was the busiest 3rd
quarter with July-September visitor counts increasing by 19.05% over last year; this
increase represent 41,500 more people, for a total of 259,349 visitors in the 3rd
quarter. Bob Holcomb is the new President of the ambassadors for the Visitor
Center. Manager Salerno stated the budget contains funds for a display behind the
front counter of the Visitor Center to showcase events at the Events Center. The
Visitor Services division updated their Mission Vision and Values.
Events Report – Coordinators Johnson & Benes gave an update on recent events.
o Elkfest took place October 1st and 2nd which drew approximately 15,000
people. This year they sold their first presenting sponsorship which was held
by EP News.
o Vintage Market Days was held at the Events Center and has agreed to return
in 2017 for two more of their events. The group highlights a non-profit
organization at their events to increase awareness and funds for that group.
o Mercedes Benz Showcase highlighted the use of the Events Center and
provided spectacular marketing material for future use.
24
Community Development / Community Services – October 27, 2016 – Page 3
o Bond Park events were full for the summer.
o The Catch the Glow parade is approaching and some non-profits in town are
currently building their floats.
o The Tree Lighting ceremony is on November 19th.
o Winter Festival is January 14th and 15th and is the kick-off for the Centennial
celebrations, hosting a mini museum, vendors, breweries and wineries.
Coca-Cola would provide exposure in the form of bottle hangers for Winter
Festival.
Sales Report – Manager Lynch gave an update on events for the last 60 days,
including resigning USA Gymnastics for 2017, Rails of the Rockies at the Pavilion,
and the Bridal Expo at the Events Center. She provided an update on the IMEX
America trade show stating it was a success with positive engagements with
potential businesses. Trustee Norris questioned whether an invitation from the
elected officials would help procure events, which Lynch responded yes and
welcomed the offer.
COMMUNITY DEVELOPMENT
RECOMMENDATIONS TO THE TOWN BOARD.
HARMONY FOUNDATION, INC. FEE WAIVER REQUEST.
Planner Gonzales presented a fee waiver request for a variance and annexation
application by Harmony Foundation. The foundation offers addiction/rehab services for
the community which falls into the department’s non-profit organization providing low
income health and human services per the fee waiver request policy. Planner Gonzales
stated the lot is currently split in two different locations, half of the building is situated in
the Town of Estes Park and the other half in the unincorporated Estes Valley. The
applicant would annex the western portion into town limits. The variance application
refers to the minimum lot size. The proposed development application would clean up
the area, annex parcels, and provide legal lot size. There are two different property
owners involved, however, Harmony Foundation has requested $3,225. Planner
Gonzales stated the budget would not be significantly impacted and requested the item
be placed on the consent agenda. The Committee recommended the Harmony
Foundation Fee Waiver Request for Variance and Annexation Application, be
included as a Consent Item on the agenda at the November 8, 2016 Town Board
meeting.
REPORTS.
Verbal Updates and Committee Questions – Director Hunt provided a verbal update
on progress relevant to vacation home regulations, ADU’s and sign code revision.
The Committee decided to hold any updates on the Hydrology Study progress for a
later meeting.
There being no further business, Chair Walker adjourned the meeting at 9:53 a.m.
___________________________ ___
Bunny Victoria Beers, Recording Secretary
25
26
To:Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From:Audem Gonzales, Planner II
Date:November 8, 2016
RE:Harmony Foundation Fee Waiver Request
Background:
The Harmony Foundation is requesting a waiver of $3,225 in development application
fees associated with review of a Variance and Annexation application. The Variance
and Annexation are necessary to bring non-conforming lots, improvements, and
structures closer into conformance with the Estes Valley Development Code.
Annexation Application $2,500
Variance Application $725
Total $3,225
The attached letter from the Harmony Foundation further describes the request. The fee
waiver policy adopted by Town Board is also attached.
Since this request is in excess of $3,000, Town Board is the decision-making body.
Budget:
Approval of the request would decrease Community Development Department fee
revenue. Overall, there will not be a significant impact to the General Fund.
Recommendation:
On October 27th, 2016 the Community Development/Community Services Committee
recommended this request be included as a Consent Item at the November 8th Town
Board meeting.
Sample Motion:
I move to approve/deny the requested fee waiver.
Attachments:
1.Written request from the applicant’s representative
2.Community Development Fee Waiver Policy.
Community Development
Memo
27
28
29
30
31
32
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
October 4, 2016 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith,
Jeff Moreau, Rex Poggenpohl
Attending: Members Newsom, Smith, Moreau, and Poggenpohl
Also Attending: Community Development Director Randy Hunt, Planner Audem
Gonzales, Recording Secretary Thompson
Absent: Chair Lynch
Vice-Chair Newsom called the meeting to order at 9:00 a.m. There were three people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
Approval of minutes dated September 13, 2016.
It was moved and seconded (Smith/Poggenpohl) to approve the minutes as
presented and the motion passed 4-0 with one absent, and Member Moreau
abstaining.
3. UNIT 1147, STONE BRIDGE ESTATES CONDOMINIUMS; 1147 FISH CREEK ROAD;
WILSON RESIDENCE VARIANCE
Planner Gonzales reviewed the staff report. The applicants, Charles and Nancy Wilson,
requested a variance from EVDC Section 7.6.E.1.a(1), which requires all buildings and
accessory structures be set back at least thirty (30) feet horizontally from the annual high-
water mark of stream corridors, or if not readily discernible, from the defined bank of the
stream. Where defined banks are not readily discernible, the setback shall be measured
from the thread of the stream. The request is to encroach into the existing 30-foot setback
to allow construction of a new home. The defined bank of the stream will be changing with
the redesign of Fish Creek, as shown in the Fish Creek Public Infrastructure Project. The
distance from the property line to the riverbank will be more than 30 feet once the stream
is redesigned.
33
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
October 4, 2016
Planner Gonzales stated approval of the variance would allow a setback of 10.7 feet from
the current Fish Creek riverbank. He stated the former dwelling was destroyed in the 2013
flood, and the applicant desires to rebuild on the lot, moving the structure further east than
the previous structure. The former dwelling was not in the river/stream setback at the time
it was built. Following the flood, Fish Creek migrated to the east, which in turn shifted the
setback to the east. The Fish Creek Public Infrastructure Project is scheduled for
completion in September 2017. While the 90% design plan was provided in the meeting
materials, the 100% design is now available, and no changes have been made at this
location from the 90% plan.
Planner Gonzales stated a legal notice was published in the local newspaper, and notices
were mailed to adjacent property owners and affected agencies. Comments were
received from Environmental Planner Tina Kurtz and Upper Thompson Sanitation District.
No public comments were received.
Staff Findings
1. Special circumstances or conditions exist:
Staff found the previous home located at 1147 Fish Creek Road was not built
within the 30-foot stream corridor setback. During the flood event of 2013, Fish
Creek shifted to the east, which also shifted the setback requirement. The shift was
approximately 20-25 feet east. The footprint location for rebuilding the home at this
address is now greatly affected by the newly established setback.
Strict compliance with Code standards would prevent the home to be rebuilt at this
address, even though the home is proposed to be built farther east than the
previous home. The new creek alignment associated with the Fish Creek Road
Public Infrastructure Project is proposed to be completed by September of 2017.
This would eliminate the need for a setback Variance, as the setback will again
shift westward towards the original Fish Creek alignment.
Staff believes this Variance would be a “temporary Variance” as the encroachment
would only take place until the new alignment is complete. The special
circumstance found at this property is unique to the Estes Valley. The home lost
during the 2013 flood was the only structure deemed a total loss.
2. In determining “practical difficulty”:
a. Whether there can be any beneficial use of the property without the variance;
Staff found building the same size of home as the previous one outside of the
current stream corridor setback would not be practical. It would involve
eliminating the driveway. The post-flood creek alignment reduces the buildable
34
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
October 4, 2016
area by approximately 20-25 feet. The applicant has proposed moving the
structure farther east than the previous building.
b. Whether the variance is substantial;
Staff found the variance is substantial in that it would allow a building to
encroach up to 80% into the setback. Since the setback is deemed temporary,
Staff does not feel the request is substantial in developmental impacts. The
applicant has proposed flood mitigation efforts such as; designing the basement
floor to be 1-foot above the Base Flood Elevation level as well as sinking the
west foundation wall into the bedrock and other basement foundation walls
being placed on piers. The footprint of the proposed home is within the current
FEMA floodplain boundaries and will require a floodplain development permit
prior to issuance of a building permit. It is uncertain whether the building will be
within the remapped 100-year floodplain, which will not be finalized until 2017.
c. Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment as a
result of the variance:
Staff found the character of the neighborhood would not be substantially altered
with this proposal. The previous home was built farther west from this proposal.
This Variance would allow the home to be rebuilt on the property at the
requested location. The adjacent property to the south is currently within the 30-
foot setback as well.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer;
Staff found approval would not have any effect on public services such as water
and sewer.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found the home was built in 2011 and was located entirely outside of the
30-foot stream corridor setback. Post-flood, the setback shifted and created
a more difficult site to build on. The owner could not have foreseen this situation
taking place.
f. Whether the applicant’s predicament can be mitigated through some method
other than a variance;
Staff found building the exact home footprint outside of the current setback is
not possible without a Variance. The driveway would need to be eliminated and
the home would not be consistent with the neighborhood. A Variance is the only
method available to mitigate this predicament.
3. No variance shall be granted if the submitted conditions or circumstances affecting
the Applicant’s property are of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such conditions
or situations.
35
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 4
October 4, 2016
Staff found conditions of this application are not general to the Estes Valley. They
are very specific to this property, size, and orientation.
4. No variance shall be granted reducing the size of lots contained in an existing or
proposed subdivision if it will result in an increase in the number of lots beyond the
number otherwise permitted for the total subdivision, pursuant to the applicable
zone district regulations.
No reduction in lot size or increase in number of lots is proposed by this variance
request.
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
A setback variance would be the least deviation from Code to allow the
addition to continue to be located at this site.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
The variance does not propose a non-permitted or prohibited use.
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff had no recommended conditions of approval.
Planner Gonzales stated staff recommended approval, with no conditions.
Staff and Member Discussion
Member Poggenpohl inquired as to whether there may be room to move the dwelling
even further to the east. Planner Gonzales stated if the dwelling was moved further east,
the driveway would not be code compliant, and the project would be inconsistent with
other homes in the neighborhood.
Member Moreau inquired if the Town would be liable if the Board approved the variance,
the home was built, and a future flood washed away the home again. Planner Gonzales
stated an approved floodplain permit would be required prior to the issuance of a building
permit; therefore, the property owner would be responsible for any damages caused by
future flooding.
Public Comment
Mike Olson/applicant has been working with the property owners for approximately a year
and a half trying to design the home and stay out of the setback. The homeowners are
anxious to rebuild. He has met with structural engineers to design the piers to withstand
any future flooding.
36
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 5
October 4, 2016
Barbara May/HOA President for Stone Bridge stated the neighbors received the notice,
and all are supportive of the variance request.
Public comment closed.
Staff and Member Discussion
Member Poggenpohl stated he was interested in being able to help anyone that was
directly affected by the 2013 flood.
Conditions of Approval
None.
It was moved and seconded (Moreau/Smith) to approve the variance request with
the findings recommended by staff and the motion passed 4-0 with Member Lynch
absent.
4. REPORTS
A. Director Hunt reported Member Poggenpohl expressed an interest in training for Board
of Adjustment members, or Board membership in general. He is looking into the
options and will get information to the Members soon. He stated staff could also
benefit from additional training. He is aware of an on-site training by the Department of
Local Affairs (DOLA), and if Estes Park were chosen as a training site, other localities
would be invited.
B. Director Hunt reported Planner Gonzales was promoted from Planner I to Planner II.
The department will move forward with hiring someone for the Planner I position once
the 2017 budget is approved and adopted.
There being no other business before the Board, the meeting was adjourned at 9:19
a.m.
___________________________________
John Lynch, Chair
__________________________________
Karen Thompson, Recording Secretary
37
38
39
40
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: November 3, 2016
RE: Liquor Licensing: Transfer of Ownership from Deer Ridge, Inc., dba THE
OTHER SIDE RESTAURANT, to Cadeso LLC dba THE OTHER SIDE
RESTAURANT, 900 Moraine Avenue, Hotel & Restaurant Liquor License.
Objective:
Transfer an existing liquor license located at 900 Moraine Avenue to the applicant,
Cadeso LLC.
Present Situation:
A Hotel and Restaurant Liquor License is currently held at the location referenced
above by Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT. The applicant is
requesting a transfer of the license and submitted a complete application to the Town
Clerk’s office on September 30, 2016. A temporary permit was issued on October 1,
2016. The temporary permit authorizes the transferee to continue the sale of alcohol
beverages as permitted under the permanent license while the application to transfer
ownership of the license is pending. The applicant has submitted all necessary
paperwork and fees. The owner and manager have been TIPS trained in the past and
have completed a refresher class.
During a recent compliance check on October 14, 2016, a shift manager and staff
member failed to check the ID during the check and served an underage operative. The
shift manager was a staff member of the previous owner and has continued on with the
new owners. The shift manager has the opportunity to go through the Restorative
Justice process in lieu of the District Court system. In order to move the State
Investigation process forward, the State has requested the Town take action on the
transfer prior to discussion with the new licensee on a possible stipulation agreement.
The new owner has been in contact with the State and has communicated their
willingness to enter into a stipulation agreement in lieu of serving time without an active
liquor license.
During the initial discussions with the new owner, the Town Clerk staff stressed the
need to develop liquor policies. At the date of this memo the policies have not been
delivered to the Clerk’s office; however, the owner has stated they are in process.
Town Clerk’s Office Memo
41
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Cadeso LLC dba THE OTHER SIDE RESTAURANT.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business.
Action Recommended:
Approval to transfer the existing Hotel and Restaurant Liquor License to Cadeso LLC.
Budget:
The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License
transfer is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Hotel and Restaurant Liquor License is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor
License filed by Cadeso LLC., dba THE OTHER SIDE RESTAURANT.
Attachments
Procedures
Liquor Application
PD Report
42
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed September 30, 2016 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
Unscheduled Completed X Pending Confirmation
MOTION:
I move the Transfer Application filed by Cadeso LLC doing business as The Other Side
Restaurant for a Hotel and Restaurant License be approved/denied.
43
44
45
46
47
48
49
50
51
52
53
54
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: 11/8/2016
RE: Public Hearing – 2017 Budget – final changes
Objective:
Receive final direction from the Board regarding budget changes discussed by the
Trustees during the budget meetings in October
Present Situation:
Staff presented a recommended balanced budget to the Board during two budget
meetings in the month of October. At the end of the last meeting, the Board discussed
a number of items for possible inclusion in the 2017 budget. Staff has asked the
Trustees to review those suggestions and to prioritize the list of potential changes.
Proposal:
Staff will present the combined prioritized list of budget changes and the cumulative
impact of the changes on the overall budget and the impact on the ending General Fund
balance. The cumulative impact of the proposed changes will be presented in a
spreadsheet form so the Board can direct staff how deep into the suggested change list
staff should go including the items in the final 2017 Budget,
Advantages:
Board will prioritize the Town spending
Provides staff direction to prepare a proposed budget acceptable to the majority
of the Board
Balances needs and priorities with the available resources to address the
strategic objectives, goals and outcomes adopted by the Board of Trustees.
Disadvantages:
None
Action Recommended:
Compete a final prioritization of budget changes to be included in the final 2017 budget
for adoption in December.
Level of Public Interest
Moderate
55
Sample Motion:
No formal action required. Providing staff direction only.
56
TOWN OF ESTES PARKLISTING OF 2017 PROPOSED GENERAL FUND BUDGET CHANGES FOR CONSIDERATIONProjected sales tax growth517434782Fund Balance Floor (23%)4,010,000.00 17,434,782.61 Board PrioritiyDeptDescription of changeCurrent Amount in BudgetRevised Funding AmountAmount Increase (Decrease)Projected Fund BalanceProjected Fund Balance %NAProjected Fund Balance prior to changes4,484,480.00 25.7%0ITAV for Study session full live broadcast (not in survey) ‐ 16,200.00 1,500.00 4,482,980.00 25.7%Total project over x years is $300K1 Police1 Additional dispatcher ‐ includes benefits ‐ 65,000.00 65,000.00 4,417,980.00 25.3%2 StreetsRestore equipment rental to clean storm drains ‐ 16,900.00 16,900.00 4,401,080.00 25.2%3 PoliceRestore police training 26,640.00 34,140.00 7,500.00 4,393,580.00 25.2%4 Admin ServicesDocument Management Software and Equipment ‐ 165,554.00 165,554.00 4,228,026.00 24.3%5 Comm Serv GrantsHousing Authority 25,000.00 40,000.00 15,000.00 4,213,026.00 24.2%0 3,834,480.00 6 Comm. ServicesPark‐n‐Ride Express Shuttle between Event Center, Visitor Center, Bond Park ‐ 29,000.00 29,000.00 4,184,026.00 24.0%13,964,480.00 7 StreetsComplete radio conversion from VHF to 800 Mhz ‐ without it, dispatch must relay communication from snow plows ‐ 8,000.00 8,000.00 4,176,026.00 24.0%24,094,480.00 8 Comm Serv GrantsEvics 18,000.00 25,000.00 7,000.00 4,169,026.00 23.9%3 4,224,480.00 9 Comm ServicesAdditional footing material for Event Center arena ‐ 125,000.00 125,000.00 4,044,026.00 23.2%4 4,354,480.00 10 Comm ServicesIncrease Advertising/Promotional Budget* (reduced 10K from original request) 45,406.00 55,702.00 10,296.00 4,033,730.00 23.1%54,484,480.00 11 StreetsRestore asphalt patching for parking lot repairs630008800025000400873023.0%6 4,614,480.00 12 Comm ServicesExtend current shuttle service by one month ‐ 121,000.00 121,000.00 3,887,730.00 22.3% 7 4,744,480.00 13 StreetsRestore 30 day equipment rental to crush reclaimed asphalt pavement ‐ 12,000.00 12,000.00 3,875,730.00 22.2%84,874,480.00 14 Comm Serv GrantsGun Club ‐ 500.00 500.00 3,875,230.00 22.2% 9 5,004,480.00 15 Police1 Additional police officer ‐ includes benefits and vehjcle ‐ 136,000.00 136,000.00 3,739,230.00 21.4%105,134,480.00 16 Comm Serv GrantsEP Nonprofit Resource Center 4,000.00 7,000.00 3,000.00 3,736,230.00 21.4%17 StreetsRestore Asphalt Paving Conference and Snow & Ice Conference to training budget 3,000.00 5,850.00 2,850.00 3,733,380.00 21.4%18 Comm Serv GrantsPartners Mentoring Youth 2,000.00 4,000.00 2,000.00 3,731,380.00 21.4%19 Mayor's contingency rFunding for misc request previously in Mayor's Contingency (Plein Air, Duck Race, National Philanthropy Day, Running of the Bulls, Art Center Competition, Senior Pro Rodeo ‐ 5,500.00 5,500.00 3,725,880.00 21.4%20 Comm Serv GrantsEP School District Band Program ‐ 1,000.00 1,000.00 3,724,880.00 21.4%21 Comm Serv GrantsBallet Renaissance ‐ 1,000.00 1,000.00 3,723,880.00 21.4%Police2 Additional dispatcher ‐ includes benefits ‐ 65,000.00 65,000.00 3,658,880.00 21.0%ITAudio only study sessions rebroadcast ‐ $600 ‐ 600.00 600.00 3,658,280.00 21.0%ITAV for Study Session ‐rebroadcast only $1,500 ‐ 1,500.00 1,500.00 3,656,780.00 21.0%ITAudio only study sessions live ‐ $6500 ‐ 6,500.00 6,500.00 3,650,280.00 20.9%57
58
Town Attorney Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Kevin Ash, Civil Engineer
Date: November 2, 2016
RE: Resolution No. 21-16 – A Resolution Authorizing Initiation of Water Rights
– Carriage Hills Ponds 1 and 2
Objective:
Consider, and if appropriate, adopt Resolution No. 21-16 which addresses the following:
1. The intent of the Town to appropriate the new water right and exchange; and
2. Authorize the filing of the attached Application for Water Right, Change of Water
Rights, and Plan for Augmentation of the Town of Estes Park.
Present Situation:
In September 2013, the Town owned Carriage Hills Ponds 1 and 2 (Scott Ponds), were
damaged by flooding. The Town has begun the process of the repair and
reconstruction of the ponds. In order for the Town to be able to fill and maintain the
water level in the reconstructed ponds, it is necessary to file the water court application
attached to the Resolution. The application includes four components: changing a
portion of the Pond 2 water right into Pond 1; adding a new enlargement water right for
the additional capacity of Pond 1; a plan for augmentation to replace evaporation and
periodic refill with Windy Gap water or wastewater; and an exchange of the Windy Gap
water or wastewater up to the ponds. The end result should be to have the old rights for
the ponds, which total 7.26 acre feet, redistributed to fully cover Pond 2 and cover Pond
1 to the extent of the right, add a new water right for the additional capacity of Pond 1,
and to use the plan for augmentation and the exchange to keep the ponds continuously
full. Also, the adoption of the Resolution establishes the intent to obtain a new water
right and exchange and file the necessary plan for augmentation.
Advantages:
Approval of the water court application allows the Town to fill and maintain the water
level in the ponds following reconstruction of the ponds.
Disadvantages:
None.
59
Action Recommended:
Adopt Resolution No. 21-16.
Budget:
The Town has received a CBDG-DR grant in the amount of $133,000 for the obtaining
of approval through the Water Court for the necessary change in water rights and
approval of the Augmentation Plan including $25,000 for engineering and $108,000 for
water acquisition and legal fees. Revenues from this grant were appropriated in the
2016 Budget.
Level of Public Interest
High. There has been substantial public interest in the reconstruction of the ponds and
the ability to use the ponds for recreation following reconstruction.
Sample Motion:
I move to approve/not approve Resolution No. 21-16.
60
RESOLUTION NO. 21-16
RESOLUTION AUTHORIZING INITIATION OF WATER RIGHTS
WHEREAS, the Town of Estes Park owns the Carriage Hills Ponds 1 and 2, which are
important recreational amenities used by residents of the town and others for recreation, including
fishing, boating, ice skating, and other recreational uses; and
WHEREAS, the ponds were damaged by catastrophic floods in September 2013, and the
Town of Estes Park has undertaken repair and reconstruction of the ponds; and
WHEREAS, certain adjustments to the ponds’ water rights are appropriate following
reconstruction, as well as additional rights, including an enlargement storage right, a plan for
augmentation, and an exchange, to secure the ability to maintain the ponds full for beneficial
recreational uses; and
WHEREAS, the Board of Trustees has been fully advised in the matter,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK:
1. The Town of Estes Park intends to appropriate water rights and a right of exchange for the
Carriage Hills Ponds substantially as described in the attached application, labeled
“October 24, 2016 Draft.”
2. Staff and the town’s attorneys and consulting engineers are authorized to file the attached
application and to take necessary action to secure a decree from the District Court, Water
Division 1 confirming the water right, changes of water rights, plan for augmentation, and
exchange substantially in the form requested, or as reasonably modified in order to obtain
such decree, and to take such other action as is appropriate to confirm water rights to
maintain the Carriage Hills Ponds for continuing recreational use.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK on this ___ day of November, 2016.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
61
62
Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Tina Kurtz, Environmental Planner / Floodplain Administrator
Date: November 8, 2016
RE: ORDINANCE #23-16 EXTENDING INTERIM FLOODPLAIN
REGULATIONS
Objective:
Extend and amend interim floodplain regulations adopted in November 2013 for an
additional approx. 6 months.
The consideration of Ordinance 23-16, continuing the temporary building requirements
for development on lots adjacent to drainages established in Ordinance 13-13, adopted
by the Board on November 12, 2013.
This is the continuance of an interim measure, pending new hydrology and hydraulics
information.
Present Situation:
Ordinance 13-13 was adopted by the Town Board on November 12, 2013. This
ordinance replaced emergency provisions that were put in place immediately following
the September 2013 flood that had limited permanent construction adjacent to
drainages.
Ordinance 13-13 was adopted as an interim measure to establish the high-water mark
of the 2013 flood as the regulatory floodplain pending revision to the Flood Insurance
Rate Maps. The FEMA Flood Insurance Study and associated Flood Insurance Rate
Maps are used by the Town of Estes Park Floodplain Manager to regulate special flood
hazard areas (areas with a 1% annual chance of flooding). In many areas the study and
maps are no longer accurate and cannot be relied on to protect life and property.
Ordinance 13-13 provides regulations for the permanent construction adjacent to
drainages affected by the September 2013 flood. These regulations establish building
permit submittal requirements such as a FEMA Elevation Certificate and high water
marks from the flood. These regulations also require that construction be built a
minimum of one vertical foot above the flood of record.
Ordinance 13-13 provides regulations for the permanent construction adjacent to
drainages affected by the September 2013 flood. These regulations establish building
permit submittal requirements such as a FEMA Elevation Certificate and high water
marks from the flood. These regulations also require that construction be built a
minimum of one vertical foot above the flood of record.
COMMUNITY DEVELOPMENT
63
Ordinance 15-15, adopted by the Town Board on October 27, 2015, continued the
provisions of Ordinance 16-14, and included revising the term "Building Permit" to
"Floodplain Development Permit" in Exhibit A.
Ordinance 15-15 is set to expire on November 11, 2016.
Proposal:
Ordinance 23-16 allows for permanent construction in areas affected by the 2013
flood, while taking appropriate measures to reasonably protect lives and properties
from flooding and minimize potential non-compliance with FEMA regulations (namely,
updated floodplain maps).
The Ordinance further ensures that staff have all necessary information when reviewing
building and floodplain permit applications.
Ordinance 23-16 provides criteria for reviewing floodplain development permit
applications for structures on properties located adjacent to drainages.
Ordinance 23-16 will replace Ordinance 15-15.
Effective Period
If passed, this ordinance will take effect immediately upon adoption by the Town Board
and continue until May 31, 2017. An exact six-month extension would make the new
expiration date May 11, 2017; however, as a general rule of ordinance construction,
expiration dates that fall in the middle of a calendar month are harder to track and just
plain weird (a technical term). Therefore, staff recommends rounding the date off to the
last day of May.
New hydrology and hydraulics studies will be completed during the first quarter of 2017
and are expected to be adopted by the Colorado Water Conservation Board and
provided to FEMA during the first quarter of 2017.
Advantages:
• Allows for continued for new construction in areas affected by recent flooding.
• Lives and properties are better protected from future flood events and more likely to
be in compliance with future floodplain maps.
• Consistent with management practices suggested by FEMA.
• Increases likelihood that FEMA Public Assistance and the Federal Highways
Administration will fund public infrastructure improvements (e.g. bridge and culvert
replacements) designed for post-flood design flows. For example, instead of
rebuilding a bridge to accommodate 400 cfs it could be rebuilt to accommodate 900
cfs.
Disadvantages:
• Additional floodplain development permit submittal requirements for some customers.
• High water marks not fully mapped.
Action Recommended:
Staff recommends adoption of Ordinance 23-16.
64
Budget:
N/A
Level of Public Interest
Interest in overall floodplain regulations in the community: High.
Interest in this specific extension: Low.
Sample Motion:
I move to adopt/deny Ordinance Number 23-16 to extend temporary
floodplain development requirements for development on lots adjacent to
drainages.
Attachments:
1. Ordinance 23-16
Exhibit A
Other References:
1. Memo from October 28, 2014 Town Board Meeting
2. Memo from November 12, 2013 Town Board meeting
3. Colorado Water Conservation Board FAQs
65
66
ORDINANCE NO. 23-16
AN ORDINANCE OF THE TOWN OF ESTES PARK, LARIMER COUNTY,
COLORADO, EXTENDING INTERIM REQUIREMENTS FOR DEVELOPMENT
ADJACENT TO DRAINAGES.
WHEREAS, the Town of Estes Park has adopted Estes Park Municipal Code
Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may
exist and to ensure that potential buyers and builders are aware that certain properties
are in areas with special flood hazards; and
WHEREAS, on September 12, 2013, Estes Park was impacted by a severe flood
event; and
WHEREAS, on November 12, 2013, the Town of Estes Park enacted temporary
requirements for development on properties located within the Town and adjacent to the
Black Canyon, Fish Creek, Fall River and/or the Big Thompson River drainages; and
WHEREAS, the temporary requirements enacted on November 12, 2013, will
expire on November 11, 2016; and
WHEREAS, due to the September 2013 flood event, the Town does not know the
final location of stream/river channels or banks; the final location of floodplains; and final
base flood elevations; and
WHEREAS, the Town wants to ensure compliance with FEMA regulations to
ensure businesses and residents are eligible to purchase flood insurance; and
WHEREAS, the Town recognizes that property owners may wish to initiate,
continue, and complete construction adjacent to stream/river channels; and
WHEREAS, the Board of Trustees hereby determines that it is in the public interest
to adopt this Ordinance in order to adopt floodplain standards for properties located within
the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River or the Big
Thompson River drainages.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1. Temporary floodplain standards and regulations for properties located within
the Town and adjacent to the Black Canyon Creek, Fish Creek, Fall River and/or the Big
Thompson River drainages is hereby established, as more fully set forth on Exhibit A
attached hereto and incorporated herein by this reference.
67
Section 2. The temporary floodplain standards and regulations set forth in Exhibit A
shall take effect upon the effective date of this Ordinance and continue until May 31,
2017, unless amended, extended and/or terminated by further action of the Board of
Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the
preservation of health, safety and welfare of the citizens of the Town in order to prevent
unsafe construction adjacent to drainages, and therefore the Ordinance shall take effect
and be in force immediately after its passage, adoption, and signature of the Mayor.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO, this _________ day of_______________,
2016.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the 8th day of November, 2016, and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the
day of , 2016.
Jackie Williamson, Town Clerk
68
EXHIBIT A
Flood Protection Elevation
In order to account for the impacts of future development on flood depths and to ensure
the least expensive insurance rate for property owners, all new structures, substantial
changes and additions on properties located within the Town and adjacent to the Black
Canyon Creek, Fish Creek, Fall River and/or the Big Thompson River drainages shall
be built a minimum of one vertical foot above the flood of record. The flood of record
shall be measured from the high water marks from the September 2013 flood event, as
minimum elevation regardless of the current regulatory flood location. When the high
water mark and FEMA regulatory floodplain are inconsistent with one another, the more
restrictive shall govern.
To administer the floodplain regulations, the Town floodplain administrator is authorized
to use best available data, including, but not limited to revised/increased peak discharge
flows for the 1% annual chance flood. At the present, these numbers are 990 cubic feet
per second (cfs) for Fish Creek and 1670 cfs for Fall River. These flows are
approximately 250% of pre-flood flows.
Floodplain Development Permit Submittal Requirements
Minimum requirements for Floodplain Development Permit application submissions are
as follows:
i. Site plan shall include:
a. Current Regulatory Floodplain.
Location of the current regulatory floodplain, including elevation points
adjacent to proposed development and distance to proposed
development; and
b. High Water Marks and Lines.
High water mark and line locations from the September 2013 flood event,
including elevation points adjacent to proposed development, and
distance from marks and lines to the proposed development.
ii. Federal Emergency Management Agency Elevation Certificate (FEMA Form
086-0-33; Revised 7/12). A FEMA Form 086-0-33, Revised 7/12 or
subsequent revisions, shall be submitted for each structure within a proposed
development, taken from the regulatory floodplain.
iii. A qualified Colorado registered professional engineer in good standing shall
direct or supervise floodplain projects within the regulatory floodplain and/or the
high water mark from the flood of record. Project designs within the regulatory
69
floodplain shall be certified and sealed by the Colorado registered professional
engineer of record.
iv. Measurements shall be taken in accordance with Estes Valley Development
Code §1.9.D.2.
v. The location of fill material to be imported to the site and confirmation from a
qualified expert that the engineering characteristics of the fill are appropriate
for development.
vi. The location where material being exported from the site will be deposited.
The land owner or agent accepting the deposit must be identified and
approval confirmed by staff.
vii. Identification of all structures on, or adjacent to the site that may be affected
by grading and development, and presentation of detailed mitigation
measures to reduce any negative impact to existing structures during
development.
viii. Staff may waive submittal requirements depending on the amount of
information necessary to perform a complete and reasonable review of the
development.
70
Downtown Plan Appointment and Interview Team
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Date: November 8, 2016
RE: Downtown Plan Steering Committee Reappointments: Nov. 2016 – Dec.
2017
Objective:
To reappoint ten (10) current members to the Downtown Plan Steering Committee for
the remainder of the Plan’s preparation time schedule.
Present Situation:
The Downtown Plan Steering Committee was formed with the passage of Resolution
#16-15 by the Town Board at the October 13, 2015 meeting. The committee originally
consisted of eleven (11) committee members, appointed by the Town Board for
approximately 9 months. Delays in the Plan due to transitions among staff and the
consultants have extended the timeline for the DPSC’s work through December 31,
2017.
Proposal:
The following individuals, all of whom serve on the current DPSC, are proposed for
reappointment to the committee: Tom Dority, Kimberly Campbell, Holly Moore, Ginny
McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer
and Ron Wilcocks. To the best of staff’s knowledge, all of these 10 members wish to
continue service on the DPSC.
Advantages:
To reappoint qualified individuals to the committee to move the Downtown Plan
process forward.
Disadvantages:
None.
Action Recommended:
Reappointment of Tom Dority, Kimberly Campbell, Holly Moore, Ginny McFarland, Sue
Doylen, Ann Finley, Faith Zimmerman, Greg Rosener, Cydney Springer and Ron
Wilcocks to the Downtown Plan Steering Committee, effective upon approval and
continuing through December 31, 2017.
71
Downtown Plan Steering Committee Appointment
Budget:
None.
Level of Public Interest
Moderate for the general population and high for those directly affected by the outcome
of the plan.
Sample Motion:
I move to approve/deny the appointments of Tom Dority, Kimberly Campbell, Holly
Moore, Ginny McFarland, Sue Doylen, Ann Finley, Faith Zimmerman, Greg Rosener,
Cydney Springer and Ron Wilcocks to the Downtown Plan Steering Committee, effective
upon approval and continuing through December 31, 2017.
72
Local Marketing District Appointment
Town Clerk Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: November 8, 2016
RE: Local Marketing District Board Appointment
Objective:
To appoint a new Board member to the Local Marketing District Board to fill the position
currently held by Scott Webermeier who is term limited.
Present Situation:
Mr. Webermeier’s term is due to expire on December 31, 2016. The Board position was
posted in the local paper and the Town’s website. Five applications were received by
the close date. The interview team consisting of Trustee Martchink and Trustee Walker
conducted interviews on October 25, 2016. Also in attendance were LMD Board
Member Scott Webermeier.
Proposal:
The interview team recommends the appointment of Charley Dickey to complete a four-
year term beginning January 1, 2017 and ending December 31, 2020.
Charley Dickey has lived in Estes Park for seven years, co-owner of Rustic Mountain
Charm, owner of P & L Business Consulting, is a board member of the Estes Valley
Partners for Commerce, Downtown Business Partners, and Trail Gazette Editorial
Board, and committee member for America in Bloom, Shuttle Committee, Paint Estes
Pink and several advisory committees. Mr. Dickey also has an extensive background in
business with 28 years of entrepreneurial business experience and consulting.
Advantages:
The position would be filled by Mr. Dickey who represents the business segment of the
community. The position being vacated has been held by a restaurant and grocery
store owner for the past 8 years.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position can
be re-advertised and interviews conducted.
73
Local Marketing District Appointment
Action Recommended:
Appoint Charley Dickey to the Local Marketing District for a 4-year term beginning
January 1, 2017 - December 31, 2020.
Budget:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Charley Dickey to the Local Marketing
District for a 4-year term beginning January 1, 2017 – December 31, 2020.
74
Town Attorney Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: November 3, 2016
RE: Conference Center Concession Agreement
Objective:
Review, and if appropriate, approve the Conference Center Concession Agreement
between the Town of Estes Park (the “Town”) and DNC Parks & Resorts At Rocky
Mountain Park Inn, Inc. (“Rocky”).
Present Situation:
In November of 1989, the Town entered into a Ground Lease with Rex Maughan, the
owner of the Holiday Inn property, to allow the construction and operation of the Estes
Park Conference Center. In 1990, the Town assigned its interest in the Ground Lease
to the Estes Park Urban Renewal Authority (“EPURA”) for the purpose of financing the
construction of the Conference Center. The Conference Center was constructed using
funds from exempt financing through EPURA. The tax increment bonds were paid in
full in 2008. EPURA assigned all of its interest in the Ground Lease back to the Town
effective July 26, 2010, which was the date EPURA was abolished.
Following construction of the Conference Center, the Town and Maughan entered into
the Service Agreement and the Food and Beverage Concession Agreement. Pursuant
to these agreements, the Holiday Inn was responsible for providing services for the
operation and food and beverage concessions for the Conference Center. The Town
was required to provide marketing services for the Conference Center. Those
agreements have been renewed over the years with the last renewal being effective
January 1, 2011. The initial terms of the current Food and Beverage Concession and
Service Agreements expire on December 31, 2016. Following expiration of the initial
term, the term of the agreements are on an annual basis subject to termination by the
Town upon sixty (60) days written notice prior to the end of the appropriate calendar
year.
Rocky is the purchaser of the Rocky Mountain Inn property and intends to close its
purchase of the property in mid-November, 2016. As part of its acquisition of the
property, Rocky has requested that the Town enter into the new Conference Center
Concession Agreement (the “New Agreement”) which combines the current service and
food and beverage agreements. The New Agreement contains the following:
75
The terms of the New Agreement are substantially the same as the current
Service and Food & Beverage Concession Agreements.
The term of the New Agreement is extended to cover the remaining term of the
Ground Lease Agreement including the renewal option of the Town.
The New Agreement is revenue neutral in that the Town is paid the same yearly
amount by Rocky for the exclusive food and beverage concession for the
Conference Center as the yearly payment of the Town for the Ground Lease.
The New Agreement is updated with regard to insurance coverage and the
current marketing activities of the Town for the Conference Center.
Rocky has indicated that following purchase of Rocky Mountain Inn property, it will
make considerable upgrades to the property. The approval of the new Agreement will
facilitate the acquisition of the Rocky Mountain Inn property by Rocky and renovation of
the property which may lead to improvement in the use and operation of the Conference
Center.
Proposal:
The approval of the Conference Center Concession Agreement by the Town Board will
allow Rocky to close its purchase of the Rocky Mountain Inn property and move forward
with the renovation of the property.
Advantages:
Continues the current relationship between the Town and the owner of the Rocky
Mountain Inn for operations of the Conference Center.
The purchase of the Rocky Mountain Park Inn property by Rocky will enable the new
owner to renovate the property.
Disadvantages:
The New Agreement removes the current ability of the Town to terminate the current
agreements on an annual basis.
Action Recommended:
Approve the Conference Center Concession Agreement.
Budget:
There are no budget implications for the approval of the Conference Center Concession
Agreement. The Town’s obligation to provide marketing assistance for the Conference
Center is limited to its current marketing efforts for the Estes Park Events Complex.
Level of Public Interest
Low. The approval of this Agreement is between the Town and the new owner of the
Rocky Mountain Inn property and has not received any public comment.
Sample Motion:
I move to approve/not approve the Conference Center Concession Agreement between
the Town of Estes Park and DNC Parks & Resorts At Rocky Mountain Park Inn, Inc.
76
Draft #2, 11/04/2016
DN 136758-3
CONFERENCE CENTER CONCESSION AGREEMENT
THIS CONFERENCE CENTER CONCESSION AGREEMENT (the “Agreement”) is
effective the ___ day of November, 2016, by and between the TOWN OF ESTES PARK,
COLORADO, a Colorado municipal corporation (the “Town”), and DNC PARKS & RESORTS
AT ROCKY MOUNTAIN PARK INN, INC., a Delaware corporation (“Rocky”).
WHEREAS, Rocky, by assignment, is the landlord and the Town is the tenant pursuant to
the terms and conditions of the Ground Lease Agreement dated November 15, 1989 and all
amendments thereto (the “Ground Lease”).
WHEREAS, the Town has arranged for the design, financing, construction and operation
of the Estes Park Conference Center (the “Conference Center”) on the real property that is the
subject of the Ground Lease; and
WHEREAS, the Town and Rocky desire for Rocky to provide services to the Conference
Center under the terms and conditions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND
AGREEMENTS HEREIN CONTAINED, THE RECIPT AND SUFFICIENCY OF WHICH IS
HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Term of Agreement. The term of this Agreement shall be from the effective date
hereof to the later of: (a) November 14, 2019 or (b) the termination of the Ground Lease, subject
to the provisions of Paragraph 27 of this Agreement.
2. Services to be Performed by Rocky. During the term of this Agreement, Rocky
shall perform the following services for the operation of the Conference Center. These services
are as follows:
a. Rocky shall provide all necessary food and beverage services, including
liquor service, to the Conference Center. Rocky shall be entitled to charge the
participants at the Conference Center for these food and beverage services in accordance
with the provisions of Paragraph 4 of this Agreement.
b. Rocky shall provide all inventory necessary for use in the Conference
Center for food and beverage service. Inventory shall include, but not be limited to the
following: china, silverware, glassware, trays, tray stands, linens, portable bars, service
carts, warming and refrigerating carts, ash trays, bread baskets and condiment dishes.
Rocky shall continue to maintain the amount of inventory necessary to fulfill the
obligations of this Agreement.
77
DN 136758-3
c.Rocky shall provide all necessary licenses and permits for operation of the
food and beverage concession at the Conference Center, such as liquor licenses, sales tax
licenses and business licenses.
d.Rocky will provide all necessary housekeeping for the Conference Center.
These services shall include, but are not limited to, cleaning of the Conference Center,
janitorial services and trash removal. Janitorial services include, but are not limited to,
periodic carpet cleaning, periodic window washing, replacement of all restroom supplies,
replacement of light bulbs, and periodic cleaning of furnishings and light fixtures.
e.Rocky shall perform all routine preventative repair and maintenance on
the Conference Center due to normal wear and tear associated with the usage of the
Conference Center. Said repair and maintenance shall include, but are not limited to,
repairing and maintaining all of the various mechanical systems such as heating, air
conditioning, audio-visual systems, water and sewer services, and the repair of minor
damage to the Conference Center caused by normal usage.
f.Rocky shall remove all snow and ice from the Conference Center walks,
drives, patios, and parking areas.
g.Rocky shall provide upkeep for all landscaping on the entire Conference
Center site, including maintenance, repair and winterization of all sprinkler systems
servicing the site. Upkeep includes, but is not limited to, watering, weeding, fertilizing,
trimming, mowing, mulching, aerating, and sweeping sidewalks, patios and drives. The
Town shall annually replace all trees, shrubs and flowers that require replacement.
h.Rocky shall provide registration, conference coordination services and
banquet management services for the Conference Center. Said services shall include at
least one (1) designated employee who will be at the Conference Center during all
functions using the Conference Center.
i.Rocky shall provide all normal and reasonable security for the Conference
Center, excluding parking areas. Rocky shall be responsible for obtaining contract
security at the request of any conference.
3.Periodic Review of Operations. The parties shall, on an ongoing and continuing
basis as shall be reasonable and necessary, review the services provided pursuant to this
Agreement. Such review shall include periodic written reports, guest-comment cards and
meetings with Town Representatives. The Town shall be kept fully informed of all service
activities and operations.
4.Food and Beverage Operations. Rocky shall provide facilities for food and
beverage service to the Conference Center. In consideration of providing these food and
78
DN 136758-3
beverage services, Rocky shall receive exclusive rights to the food and beverage concessions of
the Conference Center. Annually, on or before January 31st, Rocky shall present to the Town a
proposed price for all food and beverage services for the next year. Rocky shall supply
necessary financial information with the pricing for the Town to determine whether or not the
cost of said service is reasonable in comparison with other food and beverage concessions
servicing conference centers of similar size and activities located within Colorado. The Town
shall give written approval to the proposed food and beverage cost on or before March 1st of
each year of this Agreement. If said approval is not given by March 1st, Rocky’s proposed
pricing shall be deemed approved. In the event Rocky determines it is necessary to increase or
decrease the cost of food and beverage service during any year period, they shall provide the
Town with the proposed changes, including all necessary financial documentation upon which
said cost increase or decrease is based. The Town shall, as soon as possible, review said
proposed changes to determine whether or not said changes are reasonable under the terms of
this paragraph.
5.Conference Room Rental. Rocky shall determine a room rental price for use of
the Conference Center. Annually, on or before January 31st, Rocky shall present to the Town a
proposed price for all room rental fees for the next year. Rocky shall supply necessary financial
information with the pricing for the Town to determine whether or not the cost of said room
rental is reasonable in comparison with other room rental fees charged by conference centers of
similar size and activities located within Colorado. The Town shall give written approval of the
proposed room rental costs on or before March 1st. If said approval is not given by Rocky
proposed pricing shall be deemed approved. In the event Rocky determines it is necessary to
increase or decrease the room rental cost during any year period, they shall provide the Town
with the proposed changes, including all necessary financial documentation upon which said cost
increase or decrease is based. The Town shall, as soon as possible, review said proposed
changes to determine whether or not said changes are reasonable under the terms of this
paragraph.
6.Conference Promotion and Booking. The Town agrees that the Town’s Events
Complex Marketing staff will, in conjunction with their marketing efforts for the Town of Estes
Park Events Complex, also promote and market the Conference Center. The Town agrees that its
employee shall coordinate Conference Center sales and bookings with Rocky sales staff. Rocky
sales staff will make the final determination on all Conference Center sales and bookings.
Bookings shall not be at a rate less than the conference room rental rate established pursuant to
paragraph 5 and shall be on terms and conditions established by Rocky in its written rental
agreement for the Conference Center, which rental agreement will be provided by Rocky from
time to time and solely used by the Town.
7.Conference Center Personnel. It shall be the sole responsibility of the Rocky to
provide the personnel necessary to fulfill its obligations pursuant to the terms of this Agreement.
It is understood by the parties that there shall be no Town employees needed to provide food and
beverage services for the Conference Center.
79
DN 136758-3
8.Major Repairs and Capital Improvements; Capital Improvements Budget. The
Town shall be responsible for capital improvements and major repairs to the Conference Center
and its systems. The Town shall consider adopting and appropriating, as part of its annual
budget process, an annual capital improvements budget for capital improvements and repair and
replacement of all necessary equipment, fixtures, landscaping, structural components,
mechanical systems and furnishings of the Conference Center. Prior to the preparation of this
capital improvements budget, the Town shall consult with Rocky on those items which need to
be included in the town’s annual budget for the upcoming year. To the extent Rocky reasonably
determines that a capital improvement or major repair is necessary to maintain the Conference
Center in good working condition and the Town does not fund and make such capital
improvement or major repair, Rocky may make such capital improvement or major repair and set
off the amount of such work against any amounts due from Rocky to the Town pursuant to
Paragraph 9 until such amount is paid in full.
9.Fees. In consideration of the granting to Rocky of the exclusive license for the
food and beverage concession and other services for the Conference Center described herein,
Rocky shall pay an annual fee in accordance with the schedule set forth on Exhibit A, attached
hereto and incorporated herein by reference. Said fee shall be payable on or before December 1
of each year. Other than payment of the annual fee described in this paragraph, Rocky shall be
entitled to all food, beverage and rental fees arising out of the operation of the Conference
Center. For purpose of clarity, all revenues arising out of the operation of the Conference
Center, whether originated by Rocky or the Town will be remitted to Rocky.
10.Accommodation Rights. It is the understanding of the parties hereto that Rocky
will not have exclusive lodging rights for the Conference Center participants. All Conference
Center participants shall be entitled to pursue accommodations of their own choice in the Estes
Park area. However, the Town and Rocky agree to cooperate in the providing of
accommodations at Rocky Mountain Park Inn subject to the above provision. Rocky also agrees
that for events of the appropriate size, it will cooperate with the Town in providing facilities at a
market rate for those events in which both Rocky and the Conference Center are needed to
accommodate the number of participants.
11.Utilities. The Town shall be responsible for all utilities, such as electricity, gas,
water, telephone and sewer used at the Conference Center. Rocky shall be responsible for all
utilities used by Rocky at Rocky Mountain Park Inn. The parties agree to separately meter the
utility service.
12.Termination. Either party shall have the option of terminating this Agreement in
the event of a default hereunder.
a.Default. The following shall, unless cured in accordance with Paragraph b
below, constitute a default:
80
DN 136758-3
i.The filing of a voluntary petition for protection under federal
bankruptcy laws, the failure to obtain dismissal of an involuntary petition under
federal bankruptcy laws within thirty (30) days after filing;
ii.A discontinuance by Rocky of its business or abandonment of its
activities at the Conference Center.
iii.A material breach by the other party of its duties and obligations
under this Agreement.
b.Cure. The defaulting party shall have thirty (30) days after written notice
specifying the nature of its default to cure said default.
c.Exercise of Termination Option. In the event of a default under Paragraph
(a) (i) above, this Agreement shall terminate immediately upon delivery of written notice
of election to terminate the Agreement. In the event of default under the other provisions
of Paragraph a above, this Agreement shall terminate upon expiration of the cure period
under Paragraph b.
13.Independent Contractor. Rocky is not an agent or employee of the Town
hereunder, and all of its activities relating to the Conference Center shall be in its capacity as an
independent contractor to the Town.
14.Indemnification by Rocky. Rocky agrees to indemnify, hold harmless and defend
the Town and its officers, agents, insurers, self-insurance pool and employees from and against all
liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons,
including death, property damage, including loss of use, and expenses, including court costs and
reasonable attorney’s fees arising out of or resulting from Rocky’s intentional or negligent actions
or omissions in providing the services for operation of the Conference Center under the terms and
provisions of this Agreement.
15.Indemnification by the Town. To the extent lawfully allowed, the Town agrees to
indemnify, hold harmless and defend Rocky, its officers, agents and employees, from and against
all liability for any and all claims, liens, suits, demands or actions for damages, injuries to
persons, including death, property damage, including loss of use, and expenses, including court
costs and reasonable attorney’s fees arising out of or resulting from any intentional or negligent
act or omission of the Town with regard to its operation of the Conference Center under the terms
and provisions of this Agreement.
16.Notice of Claims. The Town and Rocky will provide each other with prompt
notice of any event covered by the indemnity section of this Agreement and in the event a claim
or action is filed, each party may employ attorneys of its own choosing to prepare and defend the
claim or action on its behalf.
81
DN 136758-3
17.Insurance. The parties agree to obtain and maintain the insurance coverages set
forth on Exhibit B attached hereto and incorporated herein by reference.
18.Covenant of Cooperation. Rocky agrees to provide to the Town prompt written
notice of any injury suffered as a result of operation of the food and beverage concession at the
Conference Center, significant complaints, whether written or otherwise, about the Conference
Center or its management, and actual anticipated disputes with or claims by third parties. Rocky
further covenants to cooperate with the Town in resolving any such complaints, disputes or
claims.
19.Assignment. The rights and obligations under this Agreement are not assignable
by either party without the prior written consent of the other party. However, no such written
consent shall be required for transfer by Rocky of its assets to any corporation or partnership that
is an affiliate of Rocky.
20.Parties’ Representatives. Whenever, under the provisions of this Agreement, the
approval of the Town is required, or the Town is required to take some action at the request of
the other, unless otherwise provided, such approval or such request shall be given for the Town
by the Town’s Representative. Rocky shall be authorized to act on any such approval or request.
The Town shall be authorized to act on any approval provided by Rocky’s Representative. The
Parties agree to provide written notice to the other Party of their Representative on or before
January 1st of each year during the term of this Agreement.
21.Notices. All notices, demands or other documents required or desired to be given,
made or sent to either party under this Agreement shall be made in writing, shall be deemed
effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified
mail, return receipt requested, or by overnight express mail by a nationally recognized courier
service as follows:
TOWN OF ESTES PARK
Town Administrator
Post Office Box 1200
Estes Park, CO 80517
DNC PARKS & RESORTS AT ROCKY
MOUNTAIN PARK INN, INC.
250 Delaware Avenue
Buffalo, NY 14202
Attn: President
with a copy to:
DELAWARE NORTH COMPANIES,
INCORPORATED
250 Delaware Avenue
Buffalo, NY 14202
Attn: Law Department
82
DN 136758-3
The address for notices may be changed by written notice given to the other party as provided
above.
22.Entire Agreement. This Agreement constitutes the entire agreement between the
parties pertaining to the subject matter hereof and this Agreement supersedes all prior
agreements with respect to the subject matter of this Agreement.
23.Applicable Law. This Agreement shall be construed in accordance with the laws
of the State of Colorado and venue for any civil action with respect thereto shall be proper only
in Larimer County, Colorado.
24.Attorney’s Fees. In the event either party to this Agreement shall institute legal
proceedings or be the defendant in legal proceedings for the purpose of enforcing the term and
provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a
court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party
for all reasonable attorney’s fees, court costs and reasonable expert witness fees incurred as a
result of such proceedings.
25.Parties Bound. With the exception of the limitation on the assignability of this
Agreement as provided above, this Agreement shall bind the respective successors and assigns of
the parties hereto.
26.Legal Construction. In case any one or more of the provisions contained in this
Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
27.Ground Lease. Rocky, by assignment, is the landlord and the Town is the tenant
pursuant to the terms and conditions of the Ground Lease. The parties understand and agree that
all rights under this Agreement are subordinate and subject to the terms and conditions of the
Ground Lease.
28.Rocky Affiliation. The Town agrees that Rocky shall have the right to affiliate
with a nationally recognized hotel/motel organization or remain an independent operation. Any
new affiliation shall be subject to the prior written approval of the Town, which approval shall
not be unreasonably withheld.
29.Work By Illegal Aliens Prohibited.
a.Rocky hereby certifies that, as of the date of this Agreement, it does not
knowingly employ or contract with an illegal alien and that Rocky has participated or
attempted to participate in the basic pilot employment verification program as defined in
83
DN 136758-3
CRS § 8-17.5-101(1) (‘‘Program”) in order to verify that it does not employ illegal
aliens.
b.Rocky shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a subcontractor that
fails to certify to Rocky that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement.
c.Rocky hereby certifies that it has verified or attempted to verify through
participation in the Program that Rocky does not employ any illegal aliens and, if Rocky
is not accepted into the Program prior to entering into this Agreement, that Rocky shall
apply to participate in the Program every three (3) months until Rocky is accepted or this
Agreement has been completed, whichever is earlier.
d. Rocky is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e.If Rocky obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Rocky shall
be required to:
i.notify the subcontractor and Town within three (3) days that Rocky
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
ii.terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien; except
that Rocky shall not terminate the contract with the subcontractor if during such
three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
f.Rocky shall comply with any reasonable request by the Colorado
Department of Labor and Employment (“Department”) made in the course of an
investigation that the Department is undertaking pursuant to the authority established in
C.R.S. Article 17.5.
g.If Rocky violates this paragraph, the Town may terminate this Agreement
for breach of contract. If this Agreement is so terminated, Rocky shall be liable for actual
and consequential damages to the Town.
30.Termination of Service Agreements. On the effective date of this Agreement, the
Service Agreement effective the 1st day of January, 2011, between the Town of Estes Park and
84
DN 136758-3
Rocky Mountain Park Inn, LLC and the Food and Beverage Concession Agreement effective
January 1, 2011, between the Town of Estes Park and Rocky Mountain Park Inn, LLC shall
terminate and be of no further force and effect.
31.Counterparts. This Agreement may be executed in two or more counterparts,
each of which, when taken together, shall constitute one and the same agreement. Facsimile or
PDF signatures shall constitute original signatures.
[The next page is the signature page.]
85
DN 136758-3
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
TOWN OF ESTES PARK
By________________________________________
Mayor
ATTEST:
________________________________
Town Clerk
DNC PARKS & RESORTS AT ROCKY MOUNTAIN PARK INN, INC.
By________________________________________
Name:
Title:
86
DN 136758-3
FOOD & BEVERAGE CONCESSION AGREEMENT
EXHIBIT A
Payment for Food and Beverage Concession
The following payments shall be made by Rocky to the Town on or before December 1 of each
of the years in which this Agreement is in force and effect.
2016 - 2019 $27,000 per year
2020 - 2029 $32,000 per year
2030 - 2038 $37,000 per year
87
88
DN 136758-3
FOOD & BEVERAGE CONCESSION AGREEMENT
EXHIBIT B
Insurance
a.Policies. The Parties shall procure and keep in force during the duration of
this Agreement the following insurance coverages and shall provide the other
Party with a certificate of insurance.
i.Comprehensive general liability insurance with minimum combined
single limits of $1,000,000 each occurrence and $1,000,000
aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal
injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests
provision.
ii.Comprehensive automobile liability insurance against any liability for
personal injury, bodily injury, or death arising out of the use of motor
vehicles and covering operations of all motor vehicles controlled by
the Party which are used in connection with this Agreement, whether
the motor vehicles are owned, non-owned, or hired, with a combined
single limit of at least $1,000,000.
iii.Workers’ compensation insurance to cover obligations imposed by
applicable law for any employee engaged in the performance of work
under this Agreement, and Employer’s Liability insurance with
minimum limits of five hundred thousand dollars ($500,000) each
accident, five hundred thousand dollars ($500,000) disease – policy
limit, and five hundred thousand dollars ($500,000) disease – each
employee. Evidence of qualified self-insured status may be
substituted for the workers’ compensation requirements of this
paragraph.
b.Requirements. Required insurance policies for Rocky shall be with
companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The Town’s required insurance shall
be through its membership in the Colorado Intergovernmental Risk Sharing
Agency, a municipal self-insurance pool, or with companies qualified to do
business in Colorado with a general policyholder’s financial rating acceptable
to Rocky. Said policies shall not be cancelable or subject to reduction in
coverage limits or other modification except after thirty days prior written
notice to the other Party. The Party shall identify whether the type of
89
DN 136758-3
coverage is “occurrence” or “claims made.” If the type of coverage is “claims
made,” which at renewal the Consultant changes to “occurrence,” the Party
shall carry a six-month tail. Comprehensive general and automobile policies
shall be for the mutual and joint benefit and protection of the Parties. Such
policies shall be written as primary policies not contributing to and not in
excess of coverage the other Party may carry.
c.Governmental Immunity Act. No term or condition of this Agreement shall
be construed or interpreted as a waiver, express or implied, of any of the
notices, requirements, immunities, rights, benefits, protections, limitations of
liability, and other provisions of the Colorado Governmental Immunity Act,
C.R.S. §24-10-101 et seq. and under any other applicable law.
90