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HomeMy WebLinkAboutPACKET Town Board 2023-02-14The 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. This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 14, 2023 7:00 p.m. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION – PIETER HONDIUS 100TH BIRTHDAY. YEARS OF SERVICE RECOGNITION. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2. Town Board Minutes dated January 24, 2023 and Town Board Study Session Minutes dated January 24, 2023. 3. Family Advisory Board Minutes dated January 5, 2023 (acknowledgement only). 4. Transportation Advisory Board Minutes dated December 21, 2022 (acknowledgement only). 5. Appoint Town Attorney Kramer to the Colorado Municipal League (CML) Policy Committee. 6. Frozen Dead Guy Days Permit Application for use of Bond Park. 7.Reappointment of Marina Connors to the Larimer County Solid Waste Policy Advisory Council for a term expiring November 30, 2025. 8. Resolution 07-23 MOU Extension with Headwaters Economics Inc., regarding participation in the Community Planning Assistance for Wildfire (CPAW) Program. Prepared 02-03-2023 * Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 9. Resolution 08-23 to Consider a Program Plan to Assure Title VI Compliance as a Recipient of Federal Transit Administration (FTA) Funding for Public Transportation. 10. Resolution 09-23 Setting the Public Hearing for a New Lodging and Entertainment Liquor License Application for Big Thompson Property LLC dba Estes Village Inn for February 28, 2023. 11. Resolution 10-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for St. Vrain Property LLC dba Twin Owls Motor Lodge for February 28, 2023. PLANNING ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION 11-23 THIRD SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. Planner Woeber. Applicant requests approval of a Supplemental Condominium Map for Building G. B. ORDINANCE 01-23 ALLEY VACATION, PLATTED ALLEY WITHIN THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE, TODD PHILLIPS, EP REAL ESTATE LLC, AND THE TOWN OF ESTES PARK, APPLICANTS. Planner Woeber. To vacate a platted alley located between properties along Moraine Avenue and Courtney Lane. ACTION ITEMS: 1. RESOLUTION 12-23 ESTABLISHING 2023 SEASONAL PAID PARKING AND PARKING PERMIT FEES. Manager Solesbee. Establish 2023 paid parking fees, parking permit fees, and guidance for future expenditures of paid parking revenue. 2.RESOLUTION 13-23 AUTHORIZING THE TOWN ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT TO INSTALL A NEW WATERMAIN AND PORTIONS OF PRIVATE SERVICE LINES UNDER ELKHORN AVENUE FROM MACGREGOR AVENUE TO MORAINE AVENUE. Director Bergsten and Manager Wesley. To expedite Elkhorn Avenue water infrastructure construction before the beginning of the Downtown Estes Loop construction. 3.RESOLUTION 14-23 APPROVING THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY REGION AND FIRST AMENDMENT. Town Attorney Kramer. To participate in the Larimer County Regional Opioid Council for the distribution of regional opioid funds resulting from Colorado’s share of national legal settlements regarding opioids. 4.APPOINTMENT TO THE LARIMER COUNTY REGIONAL OPIOID ABATEMENT COUNCIL. Town Clerk Williamson. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, January 24, 2023 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 24th day of January, 2023. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: Travis Machalek, Town Administrator Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. RECOGNIZE COMPREHENSIVE PLAN ADVISORY COMMITTEE MEMBERS: Mayor Koenig recognized the following Comprehensive Plan Advisory Committee members for their work on the Estes Forward Comprehensive Plan: David Bangs, Eric Blackhurst, Matthew Comstock, Charles Cooper, Matthew Heiser, Michael Kennedy, Robert Leavitt, Kirby Hazelton, John Schnipkoweit, David Shirk, Frank Theis, Karen Thompson, Rosemary Truman, and David Wolf. AGENDA APPROVAL. It was moved and seconded (Cenac/Webermeier) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Bill Brown/Town resident and Greg Rosener/County resident spoke regarding Larimer County’s intention to reduce the number of residentially zoned vacation home licenses through attrition within the unincorporated area of the valley. They highlighted the turnover rate of vacation home licenses within town limits, the potential economic impact of lodging and sales tax revenues to the Estes Valley should the amount of licenses be reduced, effects on local businesses, and requested the Town communicate with the County regarding the impacts on Estes Park. Frank Theis/County resident stated his appreciation of the building code presentation provided during the study session and requested the community review the County’s analysis of short-term rentals in the Estes Valley. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The potential benefit of the Board attending meetings for advisory boards and commissions outside of their liaison duties. The Sister Cities met and approved a new mission statement, working to reinstate the tax-exempt status, and the development of new bylaws, website, and goals. The Estes Park Planning Commission met and continued discussions on the missing middle housing concept and approved a special review of the Historic Stanley Home Foundation. The Transportation Advisory Board met and elected the Chair and Vice-Chair; they discussed complete streets, mobility services, and reports were given from engineering. Visit Estes Park met and discussed the planning of the Frozen Dead Guy event. Representative Joe Neguse and Senator Janice Marchman held a Town Hall meeting in Estes Park. The Larimer County Solid Waste Policy Advisory Council met and discussed issues regarding the transfers of waste and operation of the county landfill. The Police Auxiliary provided a training on situational awareness and continues to accept DR A F T Page 3 Board of Trustees – January 24, 2023 – Page 2 applications for volunteers. The Estes Park Economic Development Corporation met and approved new bylaws to address board operations and the strategic planning process; and the Business Accelerator Services of Estes program graduation would be held in March. The Estes Park Non-Profit Resource Center annual Queens Ball fundraiser would include a live auction, dance party, and silent auction. TOWN ADMINISTRATOR REPORT. None. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 10, 2023 and Town Board Study Session Minutes dated January 10, 2023. 3. Estes Park Planning Commission Minutes dated November 15, 2022 (acknowledgement only). 4. Resolution 03-23 On-Call Professional Services Contracts with HDR Engineering Inc., CDM Smith, Lithos Engineering, and JDS-Hydro/RESPEC for Water System Infrastructure Upgrades. It was moved and seconded (Hazelton/Younglund) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 04-23 TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM KNH I&E, INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR TO GOLDSANG INC., DBA ROCKY MOUNTAIN DISCOUNT LIQUOR, 350 W. RIVERSIDE DRIVE, ESTES PARK, CO 80517. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 04-23. She reviewed the application for the transfer of a Retail Liquor Store License, stating all paperwork and fees have been submitted, and a temporary permit has been issued allowing continued sale of alcohol during the transfer process. The applicant was aware of the Training for Intervention Procedures requirement and intends to attend training in March 2023. The applicant was available for questions and stated this would be his first liquor license. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Resolution 04-23 for the Transfer of a Retail Liquor Store License from KNH I&E Inc., dba Rocky Mountain Discount Liquor to Goldsang Inc., dba Rocky Mountain Discount Liquor, 350 W. Riverside Drive, and it passed unanimously. PLANNING ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: 1. RESOLUTION 05-23 SECOND SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. Mayor Koenig opened the public hearing and Planner Woeber presented Resolution 05-23 for a Condominium Map of Building H within the Meadows at Wildfire Condominiums. Per the Estes Park Development Code, a condominium map must be submitted and approved to depict the precise location of each building. Lonnie Sheldon/Van Horn Engineering was available for questions. Mayor Koenig closed the public hearing and it was moved and seconded (Webermeier/Younglund) to approve Resolution 05-23, and it passed unanimously. DR A F T Page 4 Board of Trustees – January 24, 2023 – Page 3 ACTION ITEMS: 1. POLICE DEPARTMENT REORGANIZATION. Police Chief Hayes reviewed the administrative reorganization of the department to assist with meeting the service delivery expectation of the community and the Town Board, and to further maintain reasonable and balanced workloads for staff. He highlighted the current organization and stated the proposed reorganization would eliminate the Administrative Lieutenant position and utilize those funds to create a Deputy Police Chief position. The Deputy Police Chief would ensure specific administrative tasks were housed under one job description, allow for more productive liaison duties with other entities, and have a designated responsible party should the Police Chief be out of the office. The Board discussed Police Department staff involvement in the reorganization, effects on the currently staffed Administrative Lieutenant, financial impacts, the timing of this reorganization outside of the budgeting process, and the hiring timeline. It was moved and seconded (Younglund/Hazelton) to approve the Police Department Reorganization, and it passed unanimously. 2. RESOLUTION 06-23 CONDITIONALLY APPROVING A CONSTRUCTION CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF US 36 AND COMMUNITY DRIVE. Director Muhonen presented Resolution 06-23 to conditionally approve a construction contract with Mountain Constructors Inc., for the construction of a roundabout at the US 36 and Community Drive intersection. He highlighted the history of the project, the 2009 traffic study for the Town’s Event Center, 2013 flood recovery delays on the project, and design changes. Negotiations regarding the Disadvantage Business Enterprises contract requirement between Mountain Constructors Inc., and CDOT would be concluded by February 3, 2023, and with the conditional approval by the Town Board, construction could begin in February with an expected completion date of mid- June 2023. The Board discussed whether negotiations on the Disadvantage Business Enterprise were regularly resolved and the timing of negotiations. It was moved and seconded (Hazelton/Webermeier) to approve the Resolution 06- 23, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. ESTES VALLEY HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN – FINAL REPORT. Deputy Town Administrator Damweber and Mollie Fitzpatrick/Root Policy Research presented the Estes Valley Housing Needs Assessment and Strategic Plan Final Report. They highlighted key findings from data analysis and community engagement, housing needs, housing strategies, the vision, goal, objectives, and values of the plan, framework for implementation, and action priorities. The Board discussed the longevity of retiring workforce in the Estes Valley, budgeting for new employment positions referenced in the report, accessory dwelling unit incentives, the Winter Park Short-Term Fix Program, employer collaboration timeline, education and outreach, and next steps for an operational plan. Whereupon Mayor Koenig adjourned the meeting at 8:40 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 5 Town of Estes Park, Larimer County, Colorado January 24, 2023 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 24th day of January, 2023. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: All Also Attending: Deputy Town Administrator Damweber, Town Attorney Kramer, and Town Clerk Williamson Absent: Town Administrator Machalek Mayor Koenig called the meeting to order at 5:45 p.m. BUILDING CODE DISCUSSION. Director Gardner and SafeBuilt Building Official Rusu recommended the adoption of the 2021 International Building (IBC) and Residential Codes (IRC) to be in alignment with Larimer County. The Town has adopted the 2015 IBC/IRC with local amendments. The adoption of the 2021 codes would include local amendments currently adopted with the 2015 codes. The Town uses the 2015 International Energy Conservation Code (IECC). State law requires all municipalities to adopt an IECC by July 2023. Staff continues to evaluate the 2018 and 2021 energy codes to determine the impacts on development, building contractors and homeowners. By 2026 the state requires the adoption of the 2021 IECC. At this time staff proposes the adoption of the 2021 IECC in July with implementation on January 1, 2024 to provide the development community time to adjust construction plans and costs, which are estimated at $10,000 to $20,000 in additional costs to meet the new code requirements. Larimer County has adopted the 2021 IECC. Staff intends to present the Board with additional information on the pros and cons of adopting the different versions of the IECC. Staff continues to review the Property Maintenance Code which focuses on commercial building. The code provides the authority the ability to intervene if a life safety issue that impacts the public health and safety presents itself. Only chapters one and two would be adopted. Board comments were heard and summarized: concerns were raised with the adoption of the new building codes increase cost for workforce housing units being built; the new codes would provide additional energy efficiency and decrease utility costs for the homeowner over time; questioned what portion of the house would need to be updated to the new energy code due to a remodel permit; and concerns were raised on the authority the Property Maintenance Code provides the building official. The Board requested additional information on both codes at the February 28, 2023 study session. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS None. FUTURE STUDY SESSION AGENDA ITEMS. Fine Arts Guild Art Center and Energy Code would be added to the February 28, 2023 meeting. A discussion on an Environmental Sustainability Advisory Board and Environmental Sustainability Manager to be added to the approved/unscheduled items. There being no further business, Mayor Koenig adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk DR A F T Page 6 Town of Estes Park, Larimer County, Colorado, January 5, 2023 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Room 203 of the Estes Park Town Hall in said Town of Estes Park on the 5th day of January, 2023. Board: Members Nancy Almond, Deanna Ferrell, Aleta Kazadi, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund, Assistant Town Administrator Damweber, Interim Captain Life and Deputy Town Clerk Beers Absent: Nancy Almond Member Yowell called the meeting to order at 3:32 p.m. PUBLIC COMMENT. None. LIAISON REPORT. None. MEETING MINUTES DATED DECEMBER 1, 2022. It was moved and seconded (White/Miller) to approve the meeting minutes dated December 1, 2022, and it passed unanimously. OFFICER ELECTIONS. It was moved and seconded (Yowell/Kazadi) to appoint Nancy Almond as Chair and Deanna Ferrell as Vice-Chair, and it passed unanimously. EP HEALTH PRESENTATION DEBRIEF. FAB discussed the presentation from EP Health, practitioner services moving outside of the Estes Valley, whether hospital services would change if demand increases in the future and how FAB can assist with informing the public on gaps in services and available services. FAB discussed writing an article for Town distribution related to the hospital services offered in Estes Park. PLANNING FOR 2023. It was determined in order to accommodate members schedules, meetings would begin at 3:35 p.m. Staff has received one application for the FAB and a member of the public in attendance stated interest in applying. FAB discussed interest in recruiting a member with connection to the hospital and members were encourages to identify other opportunities to have representation from the community including Spanish speaking individuals. Discussion ensued regarding quarterly reporting to the Town Board during public comment and content preparation. Family Listening Sessions were discussed including: holding the sessions at different locations, determining a date in March, considering spring break conflicts and determining discussion topics. FAB would review the 2022 goals and identify 2023 priorities at the February meeting which align with the Town Board 2023 Strategic Plan. STAFF REPORT – UPDATE ON ISSUE 6E LODGING TAX. Staff continues to develop an operating plan which identifies funding amounts applied to Workforce Housing and Childcare and how funding would be used to address needs in the community. Staff would coordinate with partnering agencies to determine needs and funding use and would review amendments to existing intergovernmental agreements to maximize use. Discussion ensued regarding the vacant Childcare Director position at the YMCA of the Rockies, infant care needs and position benefits including housing opportunities. FAB suggested a member contact the owner of Estespark.com to encourage the positing of open positions in the community. There being no further business Vice-Chair Ferrell adjourned the meeting at 4:38 p.m. /s/Bunny Victoria Beers, Deputy Town Clerk Page 7       Page 8 Town of Estes Park, Larimer County, Colorado, December 21, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 21st day of December, 2022. Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko, Gamble, Hanick, Igel, and Slack; Trustee Martchink; Director Muhonen; Managers Hook and Solesbee; Recording Secretary McDonald; Jeff Bailey, Public Works Engineer; Presenters Ryan Burke and Melita Pawlowski, Slate Communications; Tom Hannah, Public Attendee Absent: Member Finley Chair Morris called the meeting to order at 12:17 p.m. Prior to commencement of the official agenda, Director Muhonen thanked TAB members for their 2022 service. An appreciation lunch was available during the meeting. PUBLIC COMMENT Tom Hannah (Resident) expressed support of the Town’s work in exploring different traffic patterns on one-way streets in the Reclamation Neighborhood area. He also expressed safety concerns about the crosswalk at Highway 7 and First Street, where signage is difficult for drivers to see. TRUSTEE LIAISON UPDATE Trustee Martchink did not provide an update. APPROVAL OF MINUTES DATED NOVEMBER 16, 2022 It was moved and seconded (Gamble/Hanick) to approve the November 16, 2022, minutes with minor amendments, and the motion passed unanimously. DOWNTOWN WAYFINDING PLAN Manager Hook referenced the November 11 Downtown Wayfinding Signage Program – Design & Implementation Plan (DWP) that was presented at the TAB’s November 16 meeting. Plan review by the Colorado Department of Transportation (CDOT) revealed concerns about the language and icon use on type 7 signs in CDOT right-of-way, which do not comply with their wayfinding standards defined in the Manual on Uniform Traffic Page 9 Transportation Advisory Board – December 21, 2022 – Page 2 Control Devices (MUTCD). The DWP has been adjusted to eliminate directions to name- specific local destinations, since such specific language is reserved for brown signs signifying state and national resources. Manager Hook will redline CDOT’s specifications about its ROW signage guidelines in the DWP for reference when the affected signage nears its implementation phase. Structural member accommodations will also be made to address CDOT concerns. There was brief discussion about the need for improved signage prohibiting electric scooters and skateboards on sidewalks; this can best be addressed by adequate signage in the dismount zone, but further options can be discussed if such signage is ineffective. Member Hook anticipates bringing the DWP to the Town Board for adoption on January 24. CLEAVE STREET IMPROVEMENTS Engineer Bailey referred to the “Key Features” page of his presentation as the most illustrative and dynamic design for Cleave Street’s parking and ADA considerations. Transformer boxes will be moved to the south side of the street. Duct bank and gas lines will be moved at the expense of CenturyLink. The Town Board is receptive of the current plans but requests that dumpsters be consolidated and managed by the Town. The 90% plan is expected in January, barring utility work delays. TRANSIT BRANDING PROJECT KICK-OFF & VISIONING EXERCISE Manager Solesbee invited Slate Communications presenters Ryan Burke (Founder/Storyteller) and Melita Pawlowski (Communications Specialist) to introduce themselves and launch an interactive, Mentimeter visioning survey as phase one for the Estes Transit branding project. The goals of the Slate team, which has already begun stakeholder meetings, are to increase awareness of Estes Transit; develop a name and brand that define its identity and value to riders; and ensure that awareness leads to increased ridership during the 2023 visitor season. Discussion points included Estes Park’s “adventurous and outdoorsy” identity as the gateway community to Rocky Mountain National Park (RMNP), and the general symbiotic relationship between the town and the park; the “car-centric” nature of residents and visitors; the lack of connection between many of the area’s destinations; the community’s need for some respite from tourism crowds during the off-season; the lack of ease and convenience for people who wish to avoid driving and parking once they arrive; the need for consistency and understanding of weekday and weekend transit schedules from season to season; what resources are used by the average person planning to visit the area; what can be learned from transit systems in Colorado’s ski areas, with consideration for the Town’s comparably inferior funding resources; how families could be better served to promote utilization of Estes Transit; and educational opportunities about transit offerings and the general walkability of the area, especially from the parking structure. It was agreed that Estes Park’s ideal future would see greater and balanced use of public transportation by locals and visitors, and increased options for on-demand transit— particularly in light of the preferences and habits of millennials and following generations. MOBILITY SERVICES UPDATES Page 10 Transportation Advisory Board – December 21, 2022 – Page 3 Manager Solesbee advised that a February 14 Town Board Study Session would focus on coordinating regional transit along US 34 with Loveland, Greeley, and Fort Collins; the TAB will be provided further information between now and then. The 2022 Transit Report will be presented in January; the 2023 transit service will be presented to the TAB once updated hourly pricing is received from the Town’s contracted service provider. The Town typically “piggybacks” off Rocky Mountain National Park’s (RMNP) transit service contract, and that 2023 contract is still in process. The Parking Revenue Task Force plans its third meeting in January; thus far, discussions have focused on the desire for more parking spaces, improved communication about real-time parking availability, and expanded transit services. At a December 13 Town Board Study Session, staff’s recommendation to hold the parking program steady—stabilizing fees with operational improvements—was well-received, and a resolution to set 2023 parking fees will be presented in January; the TAB will be asked for a letter of support. The second trolley is in service as the “Jolly Trolley, and the battery life is keeping up with the season’s demands; the first trolley is still here and functioning but should return to the manufacturer next week for necessary repairs. DOWNTOWN ESTES LOOP & COMMUNITY DRIVE ROUNDABOUT Director Muhonen advised that the Downtown Estes Loop preconstruction meeting with Flatiron Construction will take place January 12. The Community Drive Roundabout bid opening was December 12; the one bid exceeded the engineer’s estimate by $1100, and CDOT is now reviewing the package for concurrence to award. Town crews will handle electrical and landscaping work. Staff will seek Town Board approval of the contract on January 28, and construction would begin mid-February for completion in June. ENGINEERING & ADMINISTRATION UPDATES Director Muhonen advised that the succeeding Town Engineer position is still open. Manager Hook advised that the new Civil Engineer starts January 9 and will attend the January 18 TAB. Construction of the Fall River Trail Extension begins the first week of January. The Graves Avenue – Safe Routes to School project is moving along. There are 10-12 bidding and design projects on deck for 2023, and grants for several projects are in motion. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 1:51 p.m. /s/Lani McDonald, Recording Secretary Page 11       Page 12 TOWN ATTORNEY Memo To: Honorable Mayor Koenig Board of Trustees From: Town Attorney Dan Kramer Date: February 14, 2023 RE: Appointing Town Attorney Kramer to the Colorado Municipal League Policy Committee PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Appoint the Town’s representative to the Colorado Municipal League (CML) Policy Committee. Present Situation: Each CML member municipality has the opportunity to appoint a representative to its Policy Committee. This committee develops CML’s legislative positions and overall legislative program. During the legislative session the committee meets and considers legislative matters, taking action on CML’s positions in light of information brought forward by CML staff and recommendations from the CML Executive Board. The committee also meets when the legislature is not in session, to consider member proposals and other potential bills. Since Town Administrator Frank Lancaster retired in 2019, the Town’s position on the committee has been vacant. Proposal: Town staff propose to have Town Attorney Dan Kramer fill the role. Many introduced bills have important legal ramifications and can inappropriately impact municipal authority unless amended. Attorney Kramer would contribute to the conversations at CML, and can help interpret legislative actions for Town staff and the Board. Board direction would remain necessary before the Town takes any formal position on a bill. As a small town, we would not intend to keep up with and comment on every bill that gets introduced, but this would give us a role when larger bills are introduced that may affect us. Advantages: Better exchange of information and analysis between the Town and CML – and, indirectly, the legislature. Page 13 Disadvantages: Staff time; however, use of staff time would be limited and commensurate with potential impacts to the Town. Action Recommended: Appoint the Town’s representative to the CML Policy Committee. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to appoint Town Attorney Dan Kramer as the Town’s representative on the CML Policy Committee. Attachments: None. Page 14 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Rob Hinkle, Events and Visitor Services Director Date: February 14, 2023 RE: Frozen Dead Guy Days Permit Application for use of Bond Park (Mark all that apply) ☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☐ RESOLUTION ☒ OTHER Consent Agenda QUASI-JUDICIAL ☐ YES ☒ NO Objective: To receive Town Board approval to use Bond Park for a new event. This new event will be a kick off party for Frozen Dead Guy Days on Friday March 17th from 4:00pm- 7:00pm. Present Situation: Visit Estes Park has submitted a permit application for the use of Bond Park to host a free kick off party for Frozen Dead Guy Days that will be held Friday, March 17, 2023 from 4:00 pm-7:00 pm. The festival will consist of music, beer and 2 food trucks. Shuttles will stop at Bond Park and run to local lodging for overnight visitors. Set up for this event will be from 8:00am-4:00pm on March 17th and tear down will be from 7:00 pm until 10:00pm after the event. Expected attendance is 500 people. Proposal: Before granting a special event permit for a new event in Bond Park, the event shall be submitted to the Town Board for review and approval. Advantages: This event will draw people downtown on a Friday in March and attract guests overnight for the weekend of the festival. Disadvantages: Parking in front of Town Hall will be blocked off on March 17, 2023. Page 15 Action Recommended: Approval of the use of Bond Park for the Frozen Dead Guy Days kick off party on March 17, 2023. Finance/Resource Impact: N/A Level of Public Interest Low Level of Interest Sample Motion: I move for the approval/denial of Visit Estes Park’s use of Bond Park for the Frozen Dead Guy Days kick off party on March 17, 2023. Attachments: 1. 2023 Frozen Dead Guy Days Permit Application Page 16 Special Event Permit Application Event Information Applicant Information Department of Health & Environment Application Banner / Marquee / Flags Additional Items Police Department Request For Security Info Visit Estes Park Calendar Space Supporting Documentation Release and Indemnification EVENT INFORMATION If you are applying for a new event you must apply at least 120 days prior to the event, to allow time for Town Agencies and Town Board approvals. If you are applying for an existing event, you must apply at least 60 days prior to the event. Please make sure to have the following documents ready to upload along with your application. You will not be able to complete the application without these documents: Map of the park you are requesting with your layout overlaid, event logo for advertising, map of route if parade/race/marathon. Your application is not complete until you have finished All pages and signed the form. Event Name * Event Start Date * New or Existing Event?* **If your set up day preceeds the event start date, please be aware that there are additional charges for venue rental and parking space usage. Frequency * Frozen Dead Guy Days Kick-Off Event If set up is the day before, do not include the set up date. 2023-03-17 New (requires 120 days for review) Existing (requires 60 days for review) One Day Multi-Day Weekly Monthly ATTACHMENT 1 Page 17 Event hours * Set Up Date *Set Up Hours * Tear Down Date *Tear Down Hours * Type of Event * Race/Parade/Road Closure * Map/Route * If your event involves county roads, (i.e. hwy 34, etc.) you must also apply for a permit through Larimer County at https://apps.larimer.org/specialevent/. A TCP (Traffic Control Plan) may be required. Do not include set up & tear down hours. If events is over multiple days list the hours for each day. Friday March 17, 2023 (4:00pm - 7:00pm) Example: Friday 4-7pm or Saturday and Sunday 9am-9pm Not event start date unless it's the same day. 2023-03-17 i.e. 11am - 2pm 8:00am - 4:00pm Select a date from the calendar 2023-03-17 Example: Friday 4-7pm or Saturday and Sunday 9am-9pm 7:00pm - 10pm Concert Craft/Art Fair Demonstration Festival Parade Race Rally Road Closure Other If your event is a race/marathon, parade, or requires a road closure, and is within the town limits, please describe route and submit a map (include address if known): Upload a map with the route highlighted Upload Page 18 Group Type * Description of Event * What is your target market for your event?* How will this event involve the Estes Park Community * Select the Parks and Open Space Area to be used for the Event *There are fees associated with the use of these locations. Desired Location * Estimated total number of participants *Estimated number of spectators * Alcohol being served?*Alcohol being sold?* If you are requesting to sell and/or serve alcohol you must submit a DR8439 Special Event Permit to Estes Park Town Hall Clerk's Office for processing at least 30 days prior to the event. It is advised to turn this application in sooner than later to avoid delays in permit approval. Local Non-Profit Locally Sponsored Other * To be considered for a local non-profit rate, you must be registered with the Secretary of State as a non-profit organization and 80% of membership must reside in the Estes Valley. Kick off party to Frozen Dead Guy Days Overnight visitors We will be using local vendors for this event such as food trucks and shuttles. There will also be overnight visitors that will be staying at our lodging properties. Bond Park (new events require Board approval) Performance Park (NOT AVAILABLE JAN - MAY 2022) Riverside Plaza Other staff, vendors, and volunteers 30 Attendance 500 Yes No Yes No Page 19 A DR8420 Limited Winery Wine Festival Permit Application requires 10 days notice to local licensing authority (Estes Park, Town Clerk's office), and DR8057 Liquor Sales Room requires 10 days notice for 3 days or less or 45 days notice for 4 days or more. Both the DR8506 and DR8057 can be sent congruently to the State and the Town. The Clerk's office will not approve a special event which includes liquor sales until one of the above applications has been submitted to the Clerk's office for processing with all required documents. For further details please visit Colorado Department of Revenue Liquor Enforcement. Is food being served or sold?*Road closures?*Parking spaces or lot closures?* Traffic control needed?*Increased Traffic?*Request for security?* Tents or canopies set up?*Electricity required?*Commercial Vendor booths?* Concession vendor?*Live music or DJ?*Irrigation off?* Attach Accompanying Files In order to review your event more effectively, please attach your event layout. Please specify the location of the vendor tents, activities, food, restrooms, etc. Event Map * Yes No Yes No There is a cost associate with using parking spaces/lots (Mid May - Mid Oct) Yes No Yes No Yes No Any overnight events & events selling or serving alcohol require security Yes No Yes No Yes No Vendor booths are only allowed in Bond Park. (There is a $20 per vendor fee. Food Trucks excluded.) Yes No Any event with food or alcohol requires trash service Yes No Yes No Yes No Not Applicable (races, etc.) × Upload FDGD Bond Park Site Map.pdf 97.46KB Page 20 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 14, 2023 RE: Reappointment to the Larimer County Solid Waste Policy Advisory Council of Marina Connors for a Term Expiring November 30, 2025. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the reappointment recommended by the interview committee for the Larimer County Solid Waste Policy Advisory Council. Present Situation: The term of Marina Connors expired November 30, 2022 and the Town Clerk’s Office advertised for the position on the Council. Three applications were received and the interview committee, consisting of Mayor Koenig and Trustee MacAlpine, conducted interviews on January 23, 2023 and January 25, 2023. Proposal: The interview committee recommends the reappointment of Marina Connors to a three- year term expiring November 30, 2025. Marina Connors was originally appointed to the Council on April 27, 2021 to complete the term of Howard Lauren expiring November 30, 2022. This reappointment would be for her first three-year term. Advantages: Provides continuity on the Larimer County Solid Waste Policy Advisory Council and would complete the Town’s appointments to the Council. Disadvantages: If the reappointment is not made, the position would remain vacant until additional applications are received and interviews conducted. Page 21 Action Recommended: Reappoint Marina Connors to a three-year term expiring November 30, 2025. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move for the approve/deny the reappointment of Marina Connors to the Larimer County Solid Waste Policy Advisory Council for a term expiring November 30, 2025. Attachments: None. Page 22 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jessica Garner, AICP, Community Development Director Date: February 14, 2023 RE: Resolution 07-23 Extension of Memorandum of Understanding – Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW) Program (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approve the extension of a Memorandum of Understanding (“MOU”) between the Town of Estes Park and Headwaters Economics, a non-profit and independent research group, regarding the Town’s voluntary participation in the latter’s Community Planning Assistance for Wildfire (CPAW) program, which is funded through grants from the U.S. Forest Service and private foundations. Present Situation: On June 8, 2021, via Resolution 47-21, the Town Board of Trustees approved a MOU permitting the Town, through the Community Development Department, to collaborate with Headwaters Economics on the topic of wildfire risk reduction; efforts which can be roughly grouped into three categories: enhancing communication in the community in relation to wildfire risk reduction (through educational materials and communication strategy, for example); increasing land use planning capacity with provision of tools and resources (e.g., model code language and mapping resources); and improving local partnerships. Work products related to code language have been delivered by Headwaters, but more time is needed to fully deliver the suite of services agreed to. The delay is largely a result of logistical challenges related to COVID-19, a severe wildfire season in the past two years, and staff changes. The MOU extension approved by the Board on December 14, 2021 has expired, and staff is requesting to renew it until the end of 2023 to continue the work. Proposal: The approved MOU is proposed to be extended through December, 2023 (see Attachment 2: “Approved MOU,” and Attachment 3: “2022 MOU Extension Document”). There are no charges or fees to participate in the CPAW program. Page 23 Advantages: •May help the Estes Park community better prepare for wildfire emergencies, and become more resilient when facing them. •May lead to increased preservation of life and property. •May strengthen the Town’s comprehensive planning and messaging abilities. Disadvantages: •None identified. The MOU does not create a binding obligation, and all services come at no direct cost to the community. Action Recommended: Staff recommends APPROVAL of the MOU extension. Finance/Resource Impact: Little or none. Participation in the CPAW program is voluntary and comes at no direct cost to the community, and the in-kind staff time dedicated to program participation is expected to fit within the schedules of current employees. Level of Public Interest Medium. Comments – generally in the form of support for CPAW participation, or related to wildfire hazard generally – have been received by the Community Development Department sporadically since the MOU was and approved and extended through 2022. Sample Motion: I move that the Town Board of Trustees APPROVE/DENY Resolution 07-23. Attachments: 1. Resolution 07-23 2.Approved MOU 3.2022 MOU Extension Document 4. 2023 MOU Extension Document Page 24 RESOLUTION 07-23 EXTENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND HEADWATERS ECONOMICS, INC. REGARDING PARTICIPATION IN THE COMMUNITY PLANNING ASSISTANCE FOR WILDFIRE (CPAW) PROGRAM WHEREAS, the Town entered into a memorandum of understanding (“MOU”) with Headwaters Economics, Inc. on June 8, 2021 to receive technical assistance on the subject of wildfire hazard planning and risk-reduction at no cost to the Town through the CPAW program; and WHEREAS, the expiration of that MOU was December 31, 2021; and WHEREAS, the Town approved an extension to the original MOU in December 2021 for the MOU which expired on December 31, 2022; and WHEREAS the Town, through its Community Development Department, and Headwaters Economics, Inc. have determined that extension of that MOU is necessary to fully achieve the specific objectives for the partnership which are detailed in the MOU; and WHEREAS, the Town Board wishes to extend the MOU referenced in the title of this resolution for the purpose of voluntary participation in the CPAW program, for which there remains no cost to participate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the MOU extension document referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 25 COMMUNITYPLANNING ASSI5TAN CE FOR WILDFIRE MEMORANDUM OF UNDERSTANDING Estes Park,CO Overview This Memorandum of Understanding (“Memorandum”)is dated May 12,2021,and is between Headwaters Economics,Inc.,a Montana nonprofit corporation with address of P.O.Box 7059, Bozeman,MT 59715 (“Headwaters Economics”)and the Town of Estes Park,a political subdivision of the State of Colorado with address of PD Box 1200,Estes Park,CO 80517 (“Estes Park”).This Memorandum is valid through December 31,2021,unless otherwise extended in writing by both signatories. Purpose and Intent In 2020,Estes Park was selected to receive technical assistance through Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW)program.*The purpose of this Memorandum is to clarify roles,responsibilities,and expectations associated with participation in CPAW.CPAW is a voluntary program.This Memorandum does not create a binding and legally enforceable agreement between the Headwaters Economics and Estes Park. CPAW supports local adaptation to wildfire by providing technical assistance to communities. Technical assistance varies based on community needs and may be in the form of land use planning recommendations,risk assessment,research,and capacity-building activities.CPAW services are provided at no financial cost to selected communities. Roles and Responsibilities Estes Park By accepting this Memorandum and participating in CPAW,Estes Park commits to working with CPAW on the following tasks: •Provide background information,plans,regulations,wildfire data and related documentation,and knowledge of local issues to help CPAW identify and understand appropriate planning and wildfire challenges facing the community; •Provide a minimum of two key points of contact (a representative for the planning department,and a representative for the local fire department or fire protection district)committed to responding to inquiries from CPAW; •As Covid-19 restrictions allow,and as needed,host community site visit(s)to help CPAW meet with local stakeholders to discuss planning and wildfire topics; •Engage in the review process of drafted products,tools,and documents by providing timely feedback,as requested; CPAW Memorandum of Understanding —Estes Park,CO Page 1 ATTACHMENT 2 Page 26 •Liaise with other local stakeholders,elected otficials,and the public,as appropriate,to engage them in the CPAW process and share final deliverables; •Actively engage in the CPAW process,including attending scheduled meetings, responding to email inquiries,co-presenting at events,and participating in other requests,as needed; CPA W Headwaters Economics/CPAW engages the technical services of additional organizations to provide CPAW services.All consulting team members who work directly with the community will be clearly identified throughout the CPAW process. CPAW commits to providing the following assistance to Estes Park: 1.Enhance community wildfire risk-reduction communications. a.Assist local leaders in providing community-wide awareness and education on effective wildfire mitigation strategies for the home and property. Communication tools and materials will target diverse audiences and use multimedia platforms,which may include:handouts,presentations (virtual and in-person if travel allows),interactive online tools and visualizations,research reports,website posts and op-ed articles,streaming videos,graphics, photographs and illustrations,and capacity training events. b.Provide a stakeholder guide for developing a wildfire-resilient community including who needs to be involved,why wildfire resiliency is relevant to different groups of stakeholders,and key messages that resonate with diverse stakeholders. c.Develop strategies and materials focusing on mitigation measures for different types of property owners,such as permanent,year-round residents;second- home owners and absentee residents;and commercial and business owners. 2.Increase land use planning capacity. a.Provide model language and support in the Comprehensive Plan update process. Work closely with contractors updating the Comprehensive Plan to ensure wildfire mitigation is considered in document development. b.Provide model ordinances and examples that support wildfire-resilient growth in undeveloped areas of the county (i.e.,cluster development,small-parcel fragmented landscapes,etc.). c.Provide recommendations and model ordinances for wildfire mitigation within the urban core residency,commercial areas,and business district considering the need to retain aesthetics of place and building preferences. U.Set the stage to inform the development code rewrite (2022),including subdivision and landscaping regulations. e.Connect stakeholders to risk-mapping resources. 3.Work in partnership and support other agencies’scopes of work as they relate to wildfire mitigation. CPAW Memorandum of Understanding —Estes Park,CO Page 2 Page 27 a.Maintain open communication with stakeholders.Listen thoughtfully to stakeholders’ expressed strengths,needs,and ideas. b.Provide resources such as model language,best practices,and examples from peer communities. Implementation Estes Park retains all responsibility for developing and implementing community and land use regulations and for authorizing actions to implement regulatory requirements,plan goals, policies,and actions for all property under its jurisdiction.Further,Estes Park is under no obligation to use or implement any CPAW recommendations. Final deliverables created by CPAW will be provided to Estes Park and may also be shared publicly unless other arrangements are discussed by both parties in advance. Neither party anticipates financial contribution from the other party for any component of this MOU. Contact Questions or concerns about this Memorandum should be directed to: Kimiko Barrett,Ph.D.,Headwaters Economics Email:kimi(headwaterstcoriomicspjg Phone:(406)224-1837 Signatures Approved as to Legal Form: Town Attorney App roved as to Co nte o n Clerk Town Administrator f 1_.))5/12/21 Patty Hernandez,Executive Dirctor Date Headwater Economics Town of Estes Park: ATTEST: CPAW Memorandum of Understanding —Estes Park,co Page 3 Page 28 *Community Planning Assistance for Wildfire Program Community Planning Assistance for Wildfire (CPAW)is a program of Headwaters Economics.It works with partners at the local,state,and federal level to create fire-adapted communities.CPAW collaborates with communities to strategically envision and plan safe homes and neighborhoods in areas with increasing wildfire risks.It provides communities with diverse services including land use planning recommendations,custom research and science,communication tools,and risk mapping to mitigate wildfire risks,reduce home losses,and increase public safety. Established in 2015,CPAW is funded by the U.S.Forest Service and private foundations.CPAW has directly worked with 75 communities and reached thousands of people through events,presentations, online tools,downloadable reports,and media presence. In accordance with Federal law and the U.S.Department of Agriculture policy,this institution is prohibited from discriminating on the basis of race,color,national origin,sex,age,or disability.(Not all prohibited bases apply to all programs.)To file a complaint of discrimination,write USDA,Director,Office of Civil Rights, Room 326-W, Whitten Building,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call (202)720-5964 (voice and TDD).USDA is an equal opportunity provider and employer. CPAW Memorandum of Understanding —Estes Park,CO Page 4 Page 29 ATTACHMENT 3 Page 30 Page 31 MEMORANDUM OF UNDERSTANDING EXTENSION Community Planning Assistance for Wildfire (CPAW) The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Headwaters Economics, Inc. (Contractor), whose address is P.O. Box 7059, Bozeman, MT 59715, make this Memorandum Extension this __________ day of February, 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town and Contractor entered into a Memorandum of Understanding dated May 12, 2021, for Community Planning Assistance for Wildfire (Memorandum). 1.2 The Memorandum was extended for one year on December 14, 2021. 1.3 Town and Contractor desire to extend the Memorandum for an additional year, through the end of 2023. 2 EXTENSION: The term of the Memorandum is hereby extended for one additional year, ending December 31, 2023. 3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Memorandum remain in full force and effect. All provisions of the Memorandum relating to the interpretation or application of the Memorandum shall apply equally to this Memorandum Extension as though fully set forth herein. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Memorandum Extension for the respective parties. Signature pages follow. ATTACHMENT 4 Page 32 CONTRACTOR Date Title: _______________________________ TOWN OF ESTES PARK Date Title: _______________________________ ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 33       Page 34 Public Works Dept Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Mobility Services Manager Greg Muhonen, Public Works Director Date: February 14, 2023 RE: Resolution 08-23: To consider a Program Plan to Assure Title VI Compliance as a Recipient of Federal Transit Administration (FTA) Funding for Public Transportation (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Adopt Plan QUASI-JUDICIAL YES NO Objective: Adopt a Title VI Program Plan for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended to the Town of Estes Park by directly the Department of Transportation under the Federal Transit Administration (FTA) or passed through the Colorado Department of Transportation (CDOT). Present Situation: The Town of Estes Park is currently the beneficiary of FTA funds passed through CDOT and of State of Colorado Senate Bill 267 funding. As a condition of acceptance for these grant funds, the Town is required to adopt a Title VI Program Plan (Plan) covering nondiscrimination of race, color, and national origin, and persons with Limited English Proficiency (LEP) while considering environmental and social justice. The Town’s current Plan was filed with CDOT and Region 8 FTA in 2020 for the triennial period of April 1, 2020 to March 31, 2023. Proposal: The Plan was revised and updated by an interdepartmental staff team consisting of representatives from Public Works (Mobility Services and Facilities) and Finance. The Plan provides that the Town will not discriminate in the level and quality of transportation and transit related services, establishes a formal complaint process, and discusses public outreach efforts (as required Title VI assurances). LEP provisions are also detailed in the updated Plan and it designates the Mobility Services Manager as the Town’s Title VI coordinator. Page 35 Advantages: •Demonstrates compliance with federal and state transit regulations. •Clearly expresses the Town’s commitment to providing quality transportation and transit-related services and benefits regardless of race, color, or national origin. •Clearly identifies the primary contact for Title VI complaints and issues. Disadvantages: •Failure to adopt the Plan would disqualify the Town from utilizing existing FTA and CDOT grants, which are currently funding a number of Town transportation projects, and would disallow the Town from applying for future FTA funding. Action Recommended: Staff recommends adoption of this plan to ensure that the Town of Estes Park remains eligible to receive and utilize FTA and CDOT grant funding. Finance/Resource Impact: Current Impact: The Mobility Services Division managed $1,162,592 in FTA-funded projects in 2022. Approval of the Title VI Plan would allow these projects to keep moving forward as planned and keep the Town in good standing with CDOT and the FTA. Failure to adopt this Plan would result in project delay or cancellation pending identification of Town funding for the project balances. Future Impact: The Mobility Services Division has $1,767,960 in active grant applications for FTA-funded projects (includes awarded but not executed funding and open applications). Approval of the Title VI Plan would allow the Town to accept future FTA grant funding, if awarded. Failure to adopt this Plan would disqualify the Town from being awarded new FTA grant funding. Level of Public Interest Public interest in this Plan is low, however the public is interested in many of the projects funded by FTA grants (e.g., transit service, the new electric trolley buses, trolley bus barn and Zero Emission Fleet Transition Plan) as evidenced by recent community engagement processes like the Comprehensive Plan, Parking Revenue Task Force and Environmental Sustainability Task Force. Sample Motion: I move for the approval/denial of Resolution 08-23. Attachments: 1. Resolution 08-23 2.Federal Transit Administration Title VI Program Plan 3.Town of Estes Park Language Access Plan Page 36 RESOLUTION 08-23 A RESOLUTION APPROVING A PROGRAM PLAN TO ASSURE TITLE VI COMPLIANCE AS A RECIPIENT OF FEDERAL TRANSIT ADMINISTRATION (FTA) FUNDING FOR PUBLIC TRANSPORTATION WHEREAS, the FTA requires grant recipients to develop and implement a program plan every three years which details compliance with Title VI requirements, the last of which was submitted in 2020; and WHEREAS, the Town Board desires to enter into the program plan referenced in the title of this resolution for the purpose of maintaining eligibility to receive grant funding for public transportation in Estes Park from the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the plan referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 37 Town of Estes Park Title VI Program Plan, 2023 1 Town of Estes Park Federal Transit Administration Title VI Program Plan Submitted to: Colorado Department of Transportation Division of Transit and Rail Compliance with Title VI, Limited English Proficiency, and Environmental Justice ATTACHMENT 2 Page 38 Town of Estes Park Title VI Program Plan, 2023 2 SUBRECIPIENT INFORMATION SUBRECIPIENT: Mobility Services Division Public Works Department Town of Estes Park SUBMITTAL DATE: February 15, 2023 EXPIRATION YEAR: 2026 CONTACT INFORMATION: Vanessa Solesbee, CAPP, CCTM Mobility Services Manager Public Works Department Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-3957 vsolesbee@estes.org Page 39 Town of Estes Park Title VI Program Plan, 2023 3 Contents INTRODUCTION ...................................................................................................................... 4 TITLE VI ASSURANCES ......................................................................................................... 5 TITLE VI COMPLAINTS, INVESTIGATIONS AND LAWSUITS ........................................ 6 TITLE VI PROGRAM PLAN CONTENT ................................................................................ 6 A. Notifications ................................................................................................................. 6 B. Complaint Procedures, Investigation and Tracking ...................................................... 7 C. Public Participation....................................................................................................... 7 D. Limited English Proficiency ........................................ Error! Bookmark not defined. E. Transit Services .......................................................................................................... 11 F. Data Analysis .............................................................................................................. 12 APPENDIX ............................................................................................................................... 13 Appendix A Public Notice Sample ........................................................................................... 13 Appendix B Complaint Information and Form ......................................................................... 14 Appendix B Investigations, Complaints and Lawsuits Tracking Form .................................... 16 Page 40 Town of Estes Park Title VI Program Plan, 2023 4 INTRODUCTION The Town of Estes Park (Town)was incorporated in 1917. As a statutory Town, it operates according to the State Constitution, the laws of the State of Colorado, and the ordinances adopted by the Town Board of Trustees. The Town is governed by a Board of six Trustees and the Mayor. The Mayor is elected at-large for a four-year term and the Trustees are elected at-large for staggered four-year terms of office. The mission of the Town 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 work of the Town is conducted through multiple departments and divisions including Public Works Department’s Mobility Services Division, which is the recipient of the most recent Federal Transit Administration funds and is responsible for ensuring transit-related benefits are in compliance with Title VI requirements. The Mobility Services Manager serves as the Title VI Coordinator. Responsibilities include: • Assuring that all Estes Transit service offerings are operated in compliance with the contract and therefore Title VI compliant; • Actively managing the Town’s transit operator RATP Dev USA (formerly Rocky Mountain Transit Management) to ensure that the level of service, staffing, monitoring, maintenance; communication and reporting all comply with all necessary State and Federal regulations. • Ensuring that all route deviation ride requests are met, including record maintenance; and • Notifying the Town Administrator’s Office, Town Attorney and CDOT (as the FTA funding pass-through entity) of any issues that may arise including discrimination complaints. The Mobility Services Manager also works closely with several other Town departments and divisions to ensure compliance with all aspects for transit service including: Grants, Finance, Facilities, Fleet Services, Public Information Office, Visitor Services and the Town’s ADA Coordinator. As a premiere destination, the Town takes its responsibility to serve the public very seriously and works closely with state and federal agencies to ensure requirements are met. [This space has been left blank intentionally.] Page 41 Town of Estes Park Title VI Program Plan, 2023 5 TITLE VI ASSURANCES The Town of Estes Park certifies that, as a condition of receiving federal financial assistance, it will ensure the following. A. The Town shall submit the Title VI Assurance as part of the annual Certification and Assurance submission to the Colorado Department of Transportation, and to the Federal Transit Administration as directed. B. No person, on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation and transit-related services and benefits. C. The Town will respond to Title VI information requests as required by the Colorado Department of Transportation with respect to Federal Transit Administration Circular 4702.1B and in compliance with the Department of Transportation’s Title VI regulation, 49 CFR Part 21.7. D. The Town will make it known to the public that persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation and transit-related services and benefits may file a complaint with the Town, Colorado Department of Transportation or Department of Transportation’s Federal Transit Administration. E. This plan has been developed according to the Title VI act and regulations and is adopted by the Town of Estes Park Board of Trustees. F. When the Town receives federal financial assistance for any or part of a project, program, services, activities or facility, the assurance shall extend to the entire project, program, services, activities, or facility. G. The Town assures that the level and quality of transit service and related benefits are provided in a manner consistent with Title VI of the Civil Rights Act of 1964. The assurance is given in consideration of, and for the purpose of, obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended to the Town of Estes Park by directly the Department of Transportation under the Federal Transit Administration or passed through the Colorado Department of Transportation. Page 42 Town of Estes Park Title VI Program Plan, 2023 6 TITLE VI COMPLAINTS, INVESTIGATIONS AND LAWSUITS Since the previous Title VI Program Plan was submitted in 2020: A. There have been no complaints, investigations, or lawsuits naming the Town of Estes Park that allege discrimination on the basis of race, color, or national origin with respect to transportation or transit-related services and benefits. B. The Town of Estes Park has been awarded Federal Transportation Administration (FTA) funds through the Colorado Department of Transportation (CDOT), for coronavirus relief and recovery (CARES and CRRSAA), and annual Administration and Operation (5311). C. There have been no transit-related construction projects performed in the Town of Estes Park that negatively impacted minority communities. TITLE VI PROGRAM PLAN CONTENT The Town of Estes Park agrees that, as a condition of receiving federal financial assistance from the Department of Transportation’s (DOT) FTA, passed through CDOT, the Town will comply with Title VI of the Civil Rights Act of 1964, and all requirements of the Title 49, Code of Federal Regulations (CFR), Part 21, and other pertinent directives. No person shall, on the grounds of race, color, or national origin, be excluded from, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any project, program, services, activities or facility. A. Notifications Notifications regarding this nondiscrimination includes: 1) to the public and 2) in solicitation and contracts for services and work. PUBLIC NOTICE In accordance with 49 CFR 21.9(d), the Town provides to the public information on the protections against discrimination afforded to them by Title VI of the Civil Rights Act of 1964. This notice is prominently placed on the Town’s website (on the Estes Transit webpage, www.estes.org/shuttles), in each of the Estes Transit vehicles and in the lobby bulletin board at Town Hall. Page 43 Town of Estes Park Title VI Program Plan, 2023 7 The Town shall include Title VI information in solicitations and/or contracts (agreements) for contractual work subject to Title VI. When solicitations and/or contracts are subject to Title VI, contractors are expected to comply with Title VI regulations with their subcontractors. Suggested language for such solicitations and/or contracts is as follows: The Town of Estes Park, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that in any contract entered into for this solicitation, that disadvantage business enterprises will be afforded full opportunity to participate in the solicitation process and will not be discriminated against on the grounds of race, color, or national origin. Appendix A is a public notice sample from the Town. This public notice may vary depending on the program or service, and who the notice targets. B. Complaint Procedures, Investigation and Tracking In accordance with 49 CFR Section 21.9(b), the Town has procedures for receiving, investigating, and tracking discrimination complaints directed at the Town. The procedures are available to the public on the Town’s website (on the Estes Transit webpage, estes.org/shuttles) and upon request. The Town of Estes Park complaint information, complaint form, and tracking form are included in Appendix B. Complaints are reviewed through a team approach including the Title VI Coordinator, ADA Coordinator, Assistant Town Administrator who serves as the Town’s risk manager, and the Town Attorney. C. Public Participation Public participation includes outreach efforts with respect to specific projects, programs, services and activities, and representation on boards and committees. 1. Outreach The Town of Estes Park actively and regularly seeks public participation on projects and services. The Town’s strategy for inclusiveness is through a varied approach of outreach: small meetings; large, public meetings with elected officials; interviews with individuals; shuttle rider surveys (offered both in-person and online); meetings with neighborhoods; comment cards; collection of daily ridership data; coordination with business owners who Page 44 Town of Estes Park Title VI Program Plan, 2023 8 have a particular interest in shuttle services for their seasonal workers, collaboration with the Town’s Transportation Advisory Board; communication via news release, social media and local newspaper articles; and other appropriate methods of outreach. The method used clearly depends on content, needs and individuals targeted for the project or service in which input is sought. The Town carefully considers Title VI, environmental and social justice, and access for persons with Limited English Proficiency. The Town staff regularly conducts outreach to learn the needs of the community, including specific public engagement processes related to improving the Town’s transportation and transit-related services and benefits. The annual Estes Transit Service Report is an example of annual data collected and outreach effort. This report was introduced in 2019 and is available as part of the official record of the citizen-led Transportation Advisory Board’s meeting materials on an annual basis. 2. Boards and Committees TOWN OF ESTES PARK BOARD OF TRUSTEES The Town of Estes Park is governed by the elected seven Board of Trustees, including the Mayor and Mayor Pro Tem. Board members serve a staggered four-year term. In order to encourage the participation of diverse community members to serve on this important body, the Town: publishes public notices in the newspaper of record and a second “free” paper; hosts a bi-annual Citizen Information Academy; hosts a candidates’ forum open to anyone interested in becoming a candidate; communicates opportunities regularly at Board meetings, Mayor’s Chats, and Trustee Talks. Citizens are also offered opportunities to serve on a number of Town-board appointment advisory boards and committees. Town Board meetings are open to the public and held on the second and fourth Tuesday each month in the evenings. Town Board meetings are also live streamed on the Town’s YouTube channel. Public comments are scheduled early in the agenda for any topic that is not on the agenda and open to anyone who would like to make a comment to the Board and in a public forum. A public meeting agenda with items relevant to transit and serving the community may include the following topics: a. Annual budget adoption; b. Capital improvement plan adoption; c. Establishment of service plan; d. Establishment of fees, if any; e. Hearings required by State and Federal law or regulation for grants; f. Request for Letters in Support of State and Federal grant applications; g. Grant Agreement approval for State and Federal awards; and h. Any other matter which the Trustees desire to be discussed at a public meeting. Page 45 Town of Estes Park Title VI Program Plan, 2023 9 The Board of Trustees consists of five women and two men, all Caucasians representing employed and retired individuals. ADVISORY BOARDS The Town has two citizen-representative advisory boards including the Family Advisory Board and the Transportation Advisory Board. Each board has roles and responsibilities outlined and strive to obtain a representative sample of the citizens. Openings on the advisory boards are broadly advertised by the Town Clerk’s Office. Individuals who live within defined geographical areas are eligible to serve on advisory boards. The defined area for the Transportation Advisory Board (TAB) is the Estes Park School District. Those who are interested in serving are required to complete an application and participate in an interview with Town Board members and staff. This interview committee then makes appointment recommendations to the full Town Board. One Trustee representative serves as a liaison on each of the advisory boards. The purpose of the TAB is to advise the Board of Trustees and staff of the following: a. Local and regional comprehensive transportation planning policies that protect air quality, diminish congestion, and enhance the safety and quality of life for the citizens, businesses, and visitors to the Estes Valley, including but not limited to pedestrians, bicycle, automobile, and transit modes. b. Maintenance, operation, and expansion program for all modes of Town’s transportation system. c. Transportation capital projects to ensure the Town’s transportation goals and policies for roads, trails, parking, signage, and transit are implemented. The TAB consists of nine members, four men and five women, eight Caucasians and one Hispanic, representing employed and retired individuals. COMMITTEES & TASK FORCES Occasionally and as needed, the Town will establish ad hoc committees to address specific and short-term projects. The Town’s Shuttle Committee, which meets as needed to advise staff, is an example of this kind of ad-hoc committee. In 2022, the Mobility Services Division convened two short-term task forces to gather input on operational improvements for parking and transit, as well as recommendations on how to spend paid parking revenues (a priority of which was maintaining and expanding transit service). D. Limited English Proficiency The Town of Estes Park enjoys strong relationships with residents and visitors of various ethnicities and races. As such, it is committed to ensuring equal access to Town services and programming - including transit - to as broad a cross-section of the community as possible. Page 46 Town of Estes Park Title VI Program Plan, 2023 10 According to 2020 Census data, Estes Park’s population reflects the following: White: 87%; Hispanic or Latino: 11.6%; two or more races: 0.6%; American Indian/Alaska Native: .5%; Native Hawaiian/Pacific Islander: 0.2%; other races: 3%. 2022 demographic data from the Estes Park School District reflects the following: Out of a total of 1,073 students, Asian: 15; African-American: 4; Caucasian: 725; Hispanic: 308; American Indian: 8; Unclassified: 13. District-wide, 12.3% of students are being served by the English Language Development program. In 2023, the Town of Estes Park created a Language Access Plan (LAP). The Language Access plan outlines the Town’s commitment to providing meaningful access to municipal services for individuals, residents and visitors who have limited ability to read, write, or speak English. These services are provided across all programs, services, and activities conducted by the Town of Estes Park. The LAP is a living document and is intended to be the first step in applying uniform guidelines and best practices to how the Town serves individuals with Limited English Proficiency (LEP). As detailed in the LAP, the Town of Estes Park continues to take meaningful steps to ensure access to the benefits, services, information, and other important portions of projects, programs, services, and activities for individuals who are LEP. The Town assists persons with Limited English Proficiency to participate in the transit planning process by offering interpreters, translators and translated documents, where feasible and reasonable, and upon request. Language for LEP persons can be an access barrier for understanding services and programs available to them. Accommodating LEP persons ensures compliance with Civil Rights requirements. Table 2 is data from the Census Bureau’s American Community Survey with language information. This data provides the Town with information to assist in making decisions for transportation and transit services and benefits. [This space has been left blank intentionally.] Page 47 Town of Estes Park Title VI Program Plan, 2023 11 Table 2 Alternate Language Estes Park Larimer County Denver Vail Manitou Springs Avon Population 5 yrs & older 6,040 332,312 673,737 5,394 5,160 5,987 Speak English “very well” 94.00% 96.60% 90.50% 97.40% 100.00% 74.80% Speak English less than "very well" 5.50% 3.40% 9.50% 2.60% 0.00% 25.20% Spanish 8.30% 6.30% 19.00% 4.30% 0.00% 35.10% Other Indo-European languages 4.40% 2.70% 2.30% 4.60% 1.40% 1.90% Asian and Pacific Island languages 0.02% 1.30% 2.10% 1.20% 0.30% 4.40% Other languages 0.00% 0.50% 1.70% 0.20% 0.00% 0.00% Source: 2018 American Community Survey 5-Year Estimates Subject Table, US Census Bureau As described in the next section on Transit Services, the Town’s transit service is free and open to all residents and visitors. Shuttle drivers are trained to accommodate alternate languages and provided with service brochures in both English and Spanish. All messaging posted within the shuttles, including reasonable accommodation statements, are also provided in English and Spanish. If language assistance is needed, the Town will make reasonable accommodation as described in the Town LAP. E. Transit Services The Town’s free shuttle service, Estes Transit, began in 2006 and each year, routes and stops have been added and/or adjusted to meet increasing demand from locals and visitors. The service has always been free and open to all riders and is offered during the summer months (“peak season service”), limited winter month service available on the weekends, and for Town-sponsored special events throughout the year. Transit service information is presented on the Town’s website: www.estes.org/shuttles. This includes schedules, services offered, seasonal information, and routes. The Estes Transit peak season service runs from late June through early September each year, providing 233 days of service in 2022. During peak summer service, five routes run from 9:00 a.m. to 9:00 p.m. local Mountain Time, seven (7) days a week, for a total of 84 hours each week. A sixth route runs on Saturdays and Sundays only, from 11:00 a.m. to 4 p.m. for a total of 10 hours per week. The Town assesses the effectiveness of its routes annually and posts updated schedules on the transit webpage as well as distributes information on social media. Estes Transit accommodates route deviation requests in order to ensure that all individuals have equal access to public transportation. Route deviation requests can be made on all six of Page 48 Town of Estes Park Title VI Program Plan, 2023 12 the Town's routes. 100% of route deviation requests were successfully completed in 2022. Route deviation information is provided on the Town’s website (www.estes.org/shuttles). Estes Transit has always been free, and all six buses are equipped with a wheel-chair lift. The service is open to all riders, regardless of ability; Limited English Proficiency; race, color and national origin; and without pre-qualification. F. Data Analysis Data gathered from ridership surveys, meetings and interviews; and credible resources, are used for planning purposes only for the purpose of improving the transit experience of all who live in and visit the Estes Park area. When analyzing data, consideration is given to services based on needs, public participation applied to environmental or social justice, and persons of LEP. The persons whose signature appears below, are authorized to sign on behalf of the Town of Estes Park. Date Wendy Koenig, Mayor Town of Estes Park Page 49 Town of Estes Park Title VI Program Plan, 2023 13 APPENDIX Appendix A Public Notice Sample Public Notice Title VI of the Civil Rights Act of 1964 Title VI prohibits discrimination against any person on the basis of race, color, or national origin in accessing and using programs, services, and facilities offered by the Town of Estes Park. Any person who believes the Town has violated this Act may report this to the Town, Colorado Department of Transportation or Federal Transit Administration. Contact information Town Title VI Coordinator 970-577-3957, https://www.colorado.gov/pacific/townofestespark/shuttles Colorado Department of Transportation Civil Rights & Business Resource Center 800-925-3427, https://www.codot.gov/business/civilrights Federal Transit Administration 303-362-2393 https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/file-complaint-fta For individuals with Limited English Proficiency (LEP) needing language assistance, are asked to contact the Town. If you are planning to attend a meeting and need assistance, the Town asks that you provide advance notice. Page 50 Town of Estes Park Title VI Program Plan, 2023 14 Appendix B Complaint Information and Form Title VI of the 1964 Civil Rights Act requires that “no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity offered by the Town of Estes Park, as a recipient of federal financial assistance.” The following information is necessary to assist the Town in processing your complaint. Complete and return this form to the Town of Estes Park, Mobility Services Manager, 170 MacGregor Avenue, PO Box 1200, Estes Park, CO 80517, shuttleprogram@estes.org. Should you require assistance in completing this form, please contact the Town. Name (person completing this form) Address City, State and Zip Code Primary Telephone: Secondary Telephone: Email Address: Person discriminated against (if different than person completing the form): Name Address City, State and Zip Code Which of the following best describes the reason you believe the discrimination took place? (Check all that apply): Race Color National Origin Primary Language What date did the alleged discrimination take place? Page 51 Town of Estes Park Title VI Program Plan, 2023 15 In your own words, describe the alleged discrimination. Explain what happened and who you believe was responsible. Please use additional sheets or the back of this form if additional space is required. Have you filed this complaint with any other federal, state, or local agency? Yes No If so, which agency (check all the apply) Federal agency State Agency Local Agency Please provide information about a contact person at the agency where the complaint was filed. Name Address City, State and Zip Code Telephone Number You may attach any written materials or other information that you think is relevant to your complaint. Please sign and date below: Signature Date Please submit this form in person at the address below, by email, or mail this form to: Attn: Title VI Coordinator vsolesbee@estes.org Town of Estes Park 170 MacGregor Avenue / PO Box 1200 Estes Park, CO 80517 Page 52 Town of Estes Park Title VI Program Plan, 2023 16 Appendix B Investigations, Complaints and Lawsuits Tracking Form Date Summary: basis of complaint: race, color, or national origin Status Action Taken Investigations 1- 2- Lawsuits 1- 2- Complaints 1- 2- This form will be submitted annually. If no investigations, lawsuits, or complaints were filed, a blank form will be submitted. Page 53 Town of Estes Park Language Access Plan Effective Date: Version 1 I.Purpose This Language Access Plan (LAP) outlines the Town’s commitment to providing meaningful access to municipal services for individuals, residents and visitors, who have limited ability to read, write, or speak English. These services are provided across all programs, services, and activities conducted by the Town of Estes Park. This is a living document and is intended to be the first step in applying uniform guidelines and best practices to how the Town serves individuals with limited English proficiency (LEP).This LAP reviews demographics,assesses the need for translation and interpretation in each department or service area, assesses top priorities for language translation, sets goals related to translation of public outreach materials and services, and outlines the administration of the plan to meet these goals in 2023 and beyond. A.The Town Board’s adopted Vision is that the Town of Estes Park will be an ever more vibrant and welcoming mountain community. Its mission is to provide high-quality, reliable services for the benefit of our residents, guests and employees, while being good stewards of public resources and our natural setting. Providing language access to LEP individuals is critical to the Town’s commitment to its Vision and Mission. 1.Strategic Plan: A 2022 strategic initiative of the Town Board of Trustees is to provide high quality support for municipal services, including for residents and visitors who are non-English speaking or have limited English proficiency. ATTACHMENT 3 Page 54 2.The Executive Leadership Team’s 2022 Diversity, Equity, and Inclusion Plan includes a number of objectives related to integrating our diverse community, namely: promoting community outreach to diverse populations, recruiting diverse job candidates, enhancing cross-cultural exchange, and investigating the provision of community Spanish-language learning classes. B.Background data The Town of Estes Park conducted an internal survey to identify translation practices and gaps within the organization. The survey informed many of the components of this Language Access Plan. C.Federal Compliance Requirements Title VI of the Civil Rights Act states that federal fund recipients must take reasonable steps to ensure meaningful access to their programs and activities while not taking on undue burdens. II.Definitions A.Language Access Plan:This guiding document. B.Limited English Proficient Individual :Any prospective,potential or actual recipient of benefits or services from the Town who cannot speak, read, write or understand the English language at a level that permits them to interact effectively with the provider of services. C.Translation:The act, process, or instance of translating one language into another in a written context. D.Interpretation:The facilitating of oral communication,either simultaneously or consecutively, between users of different languages. Also includes interpreting written text aloud. E.Bilingual:For the purposes of the initial interaction of this Plan, any mention of bilingual translation or interpretation refers to Spanish language due to the prevalence of need. Proactive measures for other languages can be included in future years, as needed. III.Procedure for the Administration of this Plan A.Responsibility/Oversight/Management 1.The LAP will be updated and managed by the Town of Estes Park’s Public Engagement Team, whose members act as liaisons for their department on all matters related to public engagement and communications.The Public Information Officer serves as support, and will be the primary authority responsible for coordinating the LAP. Page 55 2.All Town of Estes Park departments are responsible for ensuring compliance with the LAP. B.Identification and Assessment of Limited English Proficient Communities such as cultural exchange workers. 1.Demographic analysis of LEP populations a)The Town of Estes Park enjoys strong relationships with residents and visitors of various ethnicities and races. As such, it is committed to ensuring equal access to Town services and programming to as broad a cross-section of the community as possible. b)According to 2020 Census data, Estes Park’s population reflects the following: White: 87%; Hispanic or Latino: 11.6%; two or more races: 0.6%; American Indian/Alaska Native: 5%; Native Hawaiian/Pacific Islander: 0.2%; other races: 3%. c)2022 demographic data from the Estes Park School District reflects the following: Out of a total of 1,073 students, Asian: 15; African-American, 4; Caucasian: 725; Hispanic: 308; American Indian: 8; Unclassified: 13. 1)District-wide, 12.3% of students are being served by the English Language Development program. 2.Frequency of contacts and occurrence a)Community Development 1)150 contacts (ytd 2022). 2)Public outreach meetings for the Comprehensive Plan: Two previously held and one upcoming. Meetings are held both in English and Spanish. b)Events & Visitor Services 1)No requests for translation to date (2022). c)Finance 1)In-person Spanish translation occurs approximately 15 times per year for the front window. d)Museum 1)No requests for translation to date (2022). e)Police (Not including EPECC) 1)Using Voiance phone translation services. Billed by the minute at $.69 per minute. Minimal usage to date 2 bills since beginning service for patrol officers). Contract via State of Colorado, viable for the Police Department only. Page 56 2)Estes Park Emergency Communications Center is under a Voiance contract with LETA and can only use this option on 911 or non-emergency lines. LETA would be the one to tell us how often we use this service. 3)Estes Valley Restorative Justice Partnership (EVRJP) provides program/process information in both English and Spanish. 11 Community Group Conference criminal cases required interpretation -- for intake, pre-conference, conference and post-conference on each case -- year-to-date in 2022. Additionally, Spanish interpretation was offered at 9 Community Conversations events. f)Public Works 1)Some outreach materials and meetings for infrastructure projects are translated in Spanish. Public input meetings for such projects occur approximately 6-8 times per year. 2)Parking materials, signage, and communications are translated in Spanish. Some printed communications are provided at school for children to take home to LEP families. Parking maps and signage are printed/designed once per year for the paid parking season (May-October). Parking pay stations offer five language options. 3)Print distribution is primarily for Parking & Transit. In a 10,000 print run, 1% is provided in Spanish. 4)Translation-eligible (Spanish) news releases are issued 25-30 times per year. 5)Reasonable accommodation statements posted in all transit vehicles in both English and Spanish. g)Town Administrator ’s Office 1)Number of occurrences/contacts: Variable based on emergencies, and also based on departmental needs. 2)Emergency-related news releases and select news releases for high priority topics. 3)Priority documents including the annual Strategic Plan. h)Town Clerk’s Office Page 57 1)10-15 per year for Municipal Court and Town Clerk’s Office. 2)Spanish Interpretation services available upon request for Municipal Court through a local Court-certified Interpreter. i)Utilities 1)Trailblazer: 4 requests for translation in 2022 3.Community engagement interactions/surveys to identify needs, translation gaps and barriers to meaningful access. a)Plans for updating/revisiting the LAP on an ongoing basis. C.Provision of Services to LEP Applicants/Recipients 1.Department priority items for bilingual interpretive services in 2022/2023. a)Priority Documents 1)Strategic Plan. 2)Future Community Resources document for newcomers to include utility providers, healthcare, etc. b)Community Development 1)Will need Spanish translation and interpretation services for the completion of the Comp Plan in 2022. 2)Update of Development Code. 3)Planning Commission Meetings. 4)All meetings moving forward. c)Events & Visitor Services 1)Create poster and event ads in English and Spanish 2)In-person interpretation for customers using Voiance added by KM/SS). d)Finance 1)Long range goal of assessing translation needs for interpreting forms from the new ERP system. e)Museum 1)Translation is identified as a proactive service. 2)In 2022, Language accessibility has been added as a future strategic initiative for the Museum. 3)The first step as an outlying goal will be to learn from other museums about efforts and best approaches; prioritizing needs (permanent exhibit, temporary exhibit, and printed materials); and identifying the necessary budget to execute a plan. Page 58 f)Police 1)Estes Valley Restorative Justice Partnership (EVRJP) has a simultaneous interpretation system that accommodates 1 presenter (interpreter) and 10 listeners. Could be paired with other systems to increase capacity. 2)Budget for language access services (EVRJP). 3)Voiance Services for patrol and civilian services. 4)LETA currently provides Voiance services for EPECC 5)Continue to recruit and hire bilingual personnel and offer incentives to current and new hires for this skill. 6)Contract services to create forms used regularly which Voiance also provides. g)Public Works 1)Estimates/budgets (in various funds) $1,000 annually for translation services. 2)Agendas for Transportation Advisory Board & Parks Advisory Board. 3)Paid Parking seasonal resources (signage and all printed maps, flyers, and Town Hall directional signs to Room 100 for parking questions). 4)Public Meeting materials for major, multi-year Public Works projects (e.g., Downtown Wayfinding Plan, Fall River Trail Extension, Cleave Street Improvements, Downtown Estes Loop, and US 36/Community Drive Roundabout). 5)Downtown Wayfinding Signage translation to be provided by smartphone translation app selected by individual users. h)Town Administrator ’s Office (including PIO) 1)2022/2023: Establish resources for Town departments for translation and interpretation. a)Continue to refine the LAP. 2)2023: Establish a process to have all emergency-related information translated as fast as possible. i)Town Attorney’s Office 1)No need for interpretation or translation based on routine work. If a department is looking to brief the public on a lawsuit via a press release or web Page 59 resource, the Attorney’s Office will review, but not take the lead on publishing this information. The Town Attorney should be consulted about the appropriateness of publishing information related to ongoing litigation (2023). j)Town Clerk 1)Municipal Court: Advisement of Rights translated to Spanish 2022. 2)Municipal Court: Spanish translation services available 2022. 3)Town Clerk: Commission & Board Application form 2023. 4)Town Clerk: Town Board agendas 2023/2024. 5)Town Clerk: Public Records Portal 2023/2024. k)Human Resources 1)Employee Second Language Policy Program 2023. 2)Plan for recruitment of bilingual/multilingual staff (DEI Initiatives). l)Utilities 1)Auto translation for English and Spanish has been implemented on the Trailblazer website. 2)Marketing needs, not just translation, but cultural Spanish). 3)Water Division will prioritize the translation of outreach materials regarding shut-offs (door hangers), regulation requirements (Cross-connection, NCWCD Inclusion) translated. Power & Communications will update door hangers to include Spanish. 4)Use Voiance for in person interpretation. 5)Trailblazer tech support in Fort Collins utilizes Voiance for translation services. 6)Utilize community resources for written translations where suitable. 7)Trailblazer will need all legal documents translated. 8)A way to communicate back and forth through email and voice to support sales & service. Trailblazer will begin to use the Town-approved vendor for walk-ins. 2.Guidance on providing Bilingual Interpretive/Translation Services (How we will accomplish section 1 goals) a)Written translation Page 60 1)Authorized Vendors: The Town will contract with authorized vendor(s) for translation and telephonic interpretation in 2023. The chosen vendor is Voiance parent company Cyracom), who currently provides interpretation services for the Police Department (PD) and Dispatch. While other companies were investigated, Voiance was selected due to positive endorsements from the PD, the availability of a centralized purchase agreement/terms through National Association of State Procurement Officers NASPO), and quotes from other companies were comparable or more expensive. One advantage of having an authorized vendor is that rush jobs can be accommodated, albeit at a higher per-word rate. 2)Community Translation and Interpretation: As part of an informal survey, each department identified individuals who have donated or contracted for translation and interpretation services recently. There were approximately 10-15 individuals identified as interested in participating on an ongoing basis. Each department is responsible for connecting with a translator for their specific work products/ projects; however, resources may be shared if there are unmet needs or time constraints. The team will maintain an internal list of resources that can be shared among divisions. 3)Cost/ Compensation: Community volunteers often donate their time, but some departments have begun to offer compensation to increase capacity and recognize the work of these volunteers. One individual has contracted with Public Works and provides his services at a rate of $25/page or 40/hour. This is rather inexpensive as compared with the per-word rate established by Voiance and other vendors. As a point of comparison, a 500-word page would cost around $60 in Spanish ($0.12/word) or approximately $100 in other languages (depending on the languages $0.18-$0.23/word). Expedited services 1-2 days) are even more expensive with an authorized vendor. There is no established rate for Page 61 community translation, but standards may be considered. As a point of reference, EVRJP pays community interpreters $40/hour. b)Live meeting interpretation and virtual meeting transcription 1)Simultaneous or Consecutive Interpretation: For certain important meetings (like the Comprehensive Plan input meetings), interpretive services will be planned for and provided to the community. In 2022, EVRJP worked with Community Development to enable and publicize this service in advance. EVRJP has trained a handful of community interpreters for this purpose. Additionally, EVRJP has used the services of a few court-certified interpreters from the wider Front Range at relatively inexpensive rates. Another option is to contract with a full service vendor like Bromberg and Associates. As part of the LAP, Town will provide a form for LEP community members to request interpretive services at meetings, provided that they do so in advance. Finally, simultaneous interpreters can be added to Zoom Meetings and Webinars (set up in advance, information can be found here). Users must have Zoom version 5.9.6 or higher. 2)Virtual Meeting closed captioning/ transcription: On Zoom Webinars, interpreters can be assigned to provide manual captioning. There is also the option to connect to a third-party captioning service through an API. Additionally, both Google Meet and Zoom have some built-in capability to provide automated closed captioning in English as well as select other languages. Google Meet includes auto-transcription in English, French, German, Portuguese, and Spanish. As of August 2022, Zoom provides live-transcription in 11 languages, and meeting organizers do not have to enable it in advance any more. It is a user-level setting, but users must have Zoom client 5.11.9 or higher (5.02 for English) Detailed instructions on how individuals can enable this on their own devices is Page 62 provided in Appendix D. After experimenting with these services, the team recognizes that we cannot completely rely on this for compliance purposes because it is low fidelity, but it is a backup option if an LEP wishes to attend a meeting live. 3)YouTube Captions - After public meetings get posted to the Town’s YouTube channel, higher quality captioning available in 100+ languages. c)Town Website 1)Language translation for a large number of languages is available on the Town’s website. From any page, a user can scroll to the bottom and click the button Select Language” to view the website in the language of their choice. d)Walk-ins 1)All requests for translation and interpretation from members of the public will be honored. It is the responsibility of the managing department to determine the appropriate turnaround time for the request. 3.Resources approved for organization-wide use a)Standards 1)PET will assess potential vendors and the Town Administrator ’s Office will have final approval. 2)Current list of qualified vendors: a)see Appendix B and C 3)Develop standards: The Town will prioritize tapping into internal staff members and community resources for written translations, prior to employing the authorized translation vendor (i.e. Voiance). a)Staff: Staff qualifying for and participating in the Second Language Compensation Policy will be considered qualified to provide written translations for their department or other departments as required. For in-person contacts, staff should have xx level of fluency/ command of speech, as laid out in the Second Language Compensation Policy. Additional training and testing will be required for simultaneous interpretation. Page 63 b)Authorized vendors: National-level vendors listed in Appendix C are all acceptable. The Town will have a Town-wide contract with Voiance for telephonic/video interpretation and written translation. 4)Volunteer translators/interpreters: See Appendix B for an authorized list of volunteer translators/interpreters. 5)Departments should use these resources. If there is a compelling business need to consult another resource, in which case contact the PIO/TAO for discussion. b)Departments should budget for anticipated funds for resources. For unanticipated needs in the event of shortfall, contact the PIO/TAO. 4.Grant-funded project requirements a)Managing departments are responsible for initiating all translation and interpretation requirements for grant-funded projects. 5.Outreach: Communicating the LAP to the public a)Notice to the community for public awareness of services 1)Signage offering translation to LEP customers, so that staff may contact Voiance for on-the-spot translation over speaker phone. This will include all languages Voiance offers. a)Locations where signs will be posted for the public 2)Dissemination of information regarding language assistance services: website, written materials, social media, etc. D.Staff Development and Training 1.Training/communicating LAP to staff a)iTown b)Reminders at counters c)Use Town Talk periodically d)Training at director/manager meetings 2.Translator/Interpreter testing and procedure training for multilingual staff who wish to participate a)Multiple Language Stipend Program - policy/procedure pending. b)Recruitment of multilingual staff. Page 64 E.Compliance Procedures, Reporting and Monitoring 1.Each department will monitor its own practices and report to the PET for compilation of an annual report, at which time the team will revise the LAP for the coming year. IV.Attachments A.Multiple Language Stipend Program (for multilingual staff who could assist within the Town but outside normal job description) 1.Policy document/ plan of implementation. 2.Testing/certification process. B.List of approved staff and community translators/interpreters C.List of authorized national vendors and contracts on hand D.Closed Caption and Live Translation E.LAP Website Materials for the public: 1.“I speak” documentation, and point of service signage. 2.Request form for in-person interpretation at meetings and/or municipal service appointments. 3.Information about the LAP. Page 65       Page 66 RESOLUTION 09-23 SETTING THE PUBLIC HEARING FOR A NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR BIG THOMPSON PROPERTY LLC DBA ESTES VILLAGE INN BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New LODGING AND ENTERTAINMENT Liquor License, filed by BIG THOMPSON PROPERTY LLC DBA ESTES VILLAGE INN, 1040 Big Thompson Avenue, Estes Park, Colorado, is January 20, 2023. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, February 28, 2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.07 miles, as measured from the center of the applicant's property. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 67       Page 68 RESOLUTION 10-23 SETTING THE PUBLIC HEARING FOR A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR ST. VRAIN PROPERTY LLC DBA TWIN OWLS MOTOR LODGE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL AND RESTAURANT Liquor License, filed by ST. VRAIN PROPERTY LLC DBA TWIN OWLS MOTOR LODGE, 130 Stanley Avenue, Estes Park, Colorado, is January 17, 2023. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, February 28, 2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.94 miles, as measured from the center of the applicant's property. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 69       Page 70 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A. RESOLUTION 11-23 THIRD SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL.  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 71 2 6.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 72 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 14, 2023 RE: Resolution 11-23, Third Supplemental Condominium Map, The Meadows at Wildfire Condominiums, 1802 Wildfire Road, Wildfire Homes LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a Supplemental Map for one building (Building G) within the Meadows at Wildfire Condominiums, and review for compliance with the Estes Park Development Code (EPDC). Present Situation: The subject property is legally described as Lot 1, Block 1 of Wildfire Homes Subdivision, and is 5.19± acres in size. The site is zoned RM- Multi-Family Residential. This is part of the “Wildfire” project, which consists of 43 total lots. One lot will be for office use, 14 lots for detached single-family homes, 26 lots for townhomes, and 2 lots for condominium projects including the subject condominium project, “The Meadows.” The Meadows received approval of a Preliminary Condominium Map and a Development Plan in late 2019. The condominium projects were approved as workforce housing, in accordance with the EPDC. Each of the nine buildings will contain eight condominium units. Development of the Meadows Condominiums is underway. A Condominium Map for Building F was approved by the Town Board on January 11, 2022. Each subsequent building involves a “Supplemental Map,” with the First Supplemental Map for Building E approved by the Town Board on February 22, 2022, and the Second Supplemental Map for Building H approved on January 24, 2023. Page 73 Proposal: In order to comply with EPDC and Statutory requirements for condominiums, a Supplemental Map depicting the precise location of each building, along with scaled, dimensioned drawings of the interior layout of each, is filed for recordation in the records of the Larimer County Clerk and Recorder. This Third Supplemental Map for Building G requires review and approval by the Town Board of Trustees. Advantage: •This proposal complies the applicable standards of the EPDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Disadvantages: None identified. Action Recommended: Staff recommends approval of Resolution 11-23. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move that the Town Board of Trustees approve Resolution 11-23. I move that the Town Board of Trustees deny Resolution 11-23, finding that [state findings for denial]. I move to continue Resolution 11-23 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution 11-23 2.Vicinity Map 3.Statement of Intent 4.Application Form 5. Supplemental Map Page 74 RESOLUTION 11-23 APPROVING THE THIRD SUPPLEMENTAL CONDOMINIUM MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS, LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION WHEREAS, an application for the Third Supplemental Condominium Map of The Meadows at Wildfire Condominiums, which legally establishes Condominium Building G, was filed by Wildfire Homes LLC (owner); and WHEREAS, The Meadows at Wildfire Condominiums, located on Lot 1, Block 1, Wildfire Homes Subdivision, and being within an RM (Multi-Family Residential) Zone District, has received approval of a Preliminary Condominium Map and a Development Plan as required by the Estes Park Development Code; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Third Supplemental Condominium Map for the Meadows at Wildfire Condominiums is hereby approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 75 Site Location LAKE ESTES BIG T H O M P S O N A V E DR Y G U L C H R D ELK TRAILCT RAV E N A V E WILDFIRERD LAKEFRON T S T LONE PINE DR G R A NDESTATES DR D E E R P ATH CT PINE LN RAVE N C I R HIGH PINE DR NORTH R ID G E LN BELLEV U E DR NOR T H L A K E A V E RE D TAIL HA WK DR OLYMPIANLN M A C CRACKEN L N GRAY HAWK CT MOU N T AI N V I L L A GELN BEACH LN RAVEN CT S O A RINGCIR AXELL RD 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 12/22/2021 Created By: Jeff Woeber Project Name: Project Description: The Meadow Condominiumsat Wildfire Condominium MapFor Illustrative Purposes Only ATTACHMENT 2 Page 76 STATEMENT OF INTENT Third Supplemental Map of the Meadows at Wildfire Condominiums Lot 1,Block 1,Wildfire Homes Subdivision Building G The property owner of the proposed Condominium Subdivision is:Wildfire Homes LLC.P0 Box 12.Glen Haven,CO 80532. This is the fourth Condominium Map (Third Supplemental)for the Meadows at Wildfire which is located on Lot 1.Block 1 of the Wildfire Subdivision.The Wildfire Subdivision is a Town approved subdivision and is recorded at Reception No,20200060501.The subdivision was recorded August 6,2020.This fourth Condominium Map is just for Building G and since it follows the original Condominium Map it is a Supplemental Map.Several more Supplemental Condominium Maps will follow for Buildings A.B,C,D.and I.Future Condominium Maps may include more than one building. Lot I,Block 1 has been annexed into the Town of Estes Park.The Annexation Map is recorded at Reception No.20200060498.This Condominium Development is consistent with the previously approved Development Plan.Each Condominium Building will have eight units meeting the Estes Valley Development Code definition for Workforce Housing Units. Please accept this STATEMENT OF INTENT. the APPLICATION.and the CONDOMINIUM MAP,itself (5 Sheets). The DECLARATION OF THE MEADOWS AT WILDFIRE CONDOMINIUMS is referenced on and was recorded with the previously approved Condominium Maps for Buildings L F &H. Thank you for your consideration of this submittal. ATTACHMENT 3 Page 77 ESTES PARK PLANNING DEPARTMENT Submittal Date:January 6,2023 APPLICATION Pie-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Q Boundary Line Adjustment Q ROW or Easement VacationoStreetNameChangeTime o Rezoning Petition 0 Annexation Request0ExtensionoOther:PIr cifv I Condominium Map o Preliminary Map o Final Map ®Supplemental Map ‘Project Name I Project Description Project Address Legal Description Parcel ID # Third Supplemental Map of the Meadows at Wildfire Condominiums -Lot 1,Block 1,Wildfire Homes Subdivision Final Condominium Map for BuiLding C 1802 WiLdfire Road Lot 1,Block 1,Wildfire Homes Subdivision 2520217001 5.2 AcresLotSize __________________________ Existing Land Use Proposed Land Use Existing Water Service Town Proposed Water Service E Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service Xcel Existing Zoning R.M Site Access (if not on public street) Are there wetlands on the site? Area of Disturbance in Acres Residential Condominiums Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Mark Westover,Wildfire Homes LLC P0 Box 12,Glen Haven,CO 80532 F]ConsultantlEngineer Application fee Statement of intent 2 copies (folded)of plat or plan 11”X 17”reduced copy of plat or plan El Digital Copies of plats/plans in planning @estes.org Sign Purchase ($10) 0 800a.0 MuLti FamiLy 46%impervious for all of Lot ‘I MuLti Family ResidentiaL Condominiums LI Well C Well LI LI LI LI LI None LI LI None LI EPSD EPSD El Yes El Other LI Proposed Zoning (Public Street) Other (specify) Other (specify) UTS D UTSD No None RM LI LI Septic Septic LI None WiLdfire Road LI Yes Site staking must be completed at the time application is submitted.Complete? ElNo El Yes LI No Fl Owner F]Applicant El El El El ..IMIPleasereviewtheEstesParkDevelopmentCodeAppendixBforadditionalsubmft’[dl re may include ISO calculations,drainage report,traffic impact analysis,geologic hazard mitigation report, wildfire hazard mitigation report,wetlands report,andlor other additional information. Town of isles Park -P.O.Box 1200 .170 MacGregor Avenue e.Estes Park,CO 80517 Communilv Development Deparimeni Phone:(9701 577-3721 -Fax:(970)586-0249 -www.estes.org/CommunilyDevelopment Revised 2020.04.23 ks ATTACHMENT 4 Page 78 P0 Box 12,GLen Haven CO 80532 970-586-9342 970-481 -9821 Record Owner(s) Mark Westover,Rick ALLnutt WiLdfire Homes LLC Mailing Address ______________________________ P hone Cell Phone Fax n/a Email Mark@westoverconstruction.com Applicant Rick ALLnut Mailing Address P0 Box 12,GLen Haven CO 80532 Phone Cell Phone 970-420-1020 Fax Email raIInuttlss6@gmailcom ConsultantlEngineer Van Horn Engineering and Surveying Inc. Mailing Address 1043 Fish Creek Road Phone 970-586-9388 Cell Phone 970-443-3271 (Lonnie Sheldon) Fax n/a Email Lonnie@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing.All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans!Special Reviews, Rezoning,Preliminary and Final Subdivision Plats,Minor Subdivision Plats if creating a new lot,and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed.This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT:R0h a,?l 13-Ri 1vit Applicant PLEASE PRINT:I).#i Signatures: Owner _____________________________________________ Date /—(m-—S Applicant 42’24d Date /—i -$ Contact Information Page 79 APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement,I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC,and that,prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: http://www.estes.org/DevCode I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete,inaccurate,or submitted after the deadline date. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void.I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT: Applicant PLEASE PRINT: t3’ b fltl* Date /—ó—4 Date Signatures: Record Owner Applicant ,et7 z5r aAL /6-t Pvicprl 9n2n 114 9 kc Page 80 ATTACHMENT 5 Page 81 UP Page 82 DNUP Page 83 DN Page 84 Page 85 2/15/2023 1 The Meadows at Wildfire Condominiums Third Supplemental Condominium Map Wildfire Homes, LLC (Owner/Applicant) A Supplemental Condominium Map is filed for each of the nine buildings in The Meadows project. This is a scaled, dimensioned drawing depicting the precise location of the building, as well as the layout and interior. Buildings F, H and E approved previously by Town Board. This is a request for review and approval of Building G. 1 Estes Park Town Board of Trustees, February 14, 2023 Wildfire Subdivision 1 2 2/15/2023 2 Estes Town Board of Trustees, February 14, 2023 Map of the Meadows at Wildfire Condominiums Supplemental Condominium Maps go only to Town Board. Staff finds the Supplemental Condominium Map complies with applicable Sections of the EPDC. Referred for comment to review agencies. Public notice was provided per EPDC requirements. There has been no opposition. Staff recommends approval. 4 3 4       Page 86 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.B. ORDINANCE 01-23 ALLEY VACATION, PLATTED ALLEY WITHIN THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE, TODD PHILLIPS, EP REAL ESTATE LLC, AND THE TOWN OF ESTES PARK, APPLICANTS.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL.  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 87 2 6. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 88 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 14, 2023 RE: Ordinance 01-23, Alley Vacation, Platted Alley Within the First Resubdivision of Buenna Vista Terrace, Todd Phillips, EP Real Estate LLC, and Town of Estes Park, Applicants (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Town Board will review the Applicant’s request to approve an ordinance to vacate a platted alley, open and close the public hearing, and vote to approve, approve with conditions, or deny the request. Present Situation: The Applicant owns Full Throttle Saloon and Grill, located at 231 Moraine Avenue, with plans for an addition to an existing structure on the site. There is a twenty-foot-wide platted alley behind the site to the west, which is not useable due to a granite cliff that obstructs access. (See Attachment #6 for the site photo.) The properties abutting the alley are along Moraine Avenue (to the east) and Courtney Lane (to the west). The subject alley was dedicated to the public with the plat of the First Resubdivision of Buenna Vista Terrace, recorded with the Larimer County Clerk and Recorder at Book 6, Page 7, on 12/12/1945. The site is zoned CD (Downtown Commercial), and requires a minimum ten-foot rear setback if the property abuts Residential zoning, which is the case for the properties to the west of the site. Vacating the alley will provide additional distance in the rear portion of the property for the Applicant’s proposed development. Memo COMMUNITY DEVELOPMENT Page 89 Proposal: Initially, the Applicant proposed vacating only a portion of the alley adjacent to their property, but the Public Works Department determined more of the alley should be vacated, and the application was revised accordingly. Public Works, as co-applicant, requests vacation of the platted alley adjacent to Lots 8A to 12A, and 8B to 12B of the First Resubdivision of Buenna Vista Terrace, with the applicant’s property being Lots 8A and 9A. (See Attachment # 2 for exhibit.) Due to a sewer main located in a small portion of the platted alley, the Applicant’s representative has provided an easement as requested by Estes Park Sanitation District. Advantages: • Vacating the Right-of-Way will not create any land without access. • The proposed vacation removes a platted alley that will not be used or constructed, providing more useable development area for the property owner. Disadvantages: • No disadvantages have been identified. Action Recommended: Staff recommends approval of the vacation of the platted alley. Budget: N/A Level of Public Interest: Low. As of February 7, 2023 no written comments have been received regarding the proposed alley vacation. Staff has discussed the application with two adjacent property owners. Recommended Motion: I move to approve/deny Ordinance 01-23. Attachments: 1. Ordinance 01-23 2. Exhibit A, Alley Vacation 3. Vicinity Map 4. Statement of Intent 5. Application 6. Site Photo Page 90 ORDINANCE 01-23 AN ORDINANCE VACATING A PORTION OF AN ALLEY PLATTED WITHIN THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE WHEREAS, the applicants, Todd Phillips, EP Real Estate LLC, and the Town of Estes Park Public Works Department have requested that the Town Board of Trustees approve an Ordinance to vacate a portion of a platted alley; and WHEREAS, the Town of Estes Park Public Works Department has determined it is in the best interest of the Town to vacate the portion of the alley located adjacent to Lots 8A to 12A, and 8B to 12B of the First Resubdivision of Buenna Vista Terrace; and WHEREAS, the subject alley was platted but never constructed, and is not needed for access or for the Town’s street system; and WHEREAS, Town utilities remain on, under, and across the alley; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to permanently vacate the platted alley as more fully set forth herein, but to reserve an easement to access and maintain the utilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates the portion of the platted alley as set forth on Exhibit A hereto, subject to the reservation described in section 2 below. The Town Administrator or designee shall record this ordinance with the County Clerk and Recorder. Section 2: The Town hereby reserves a blanket utility easement over, upon, under, and across the vacated portion of the alley for the continued use of any and all existing utility facilities or infrastructure, including but not limited to sewer, gas, water, electricity, telephone, telecommunications, fiber optic, and stormwater drainage facilities. The Town may modify this easement by reducing its scope as part of a future plat of the property. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado, this day of , 2023. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2023 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2023, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 91 FI R E L A N E Exhibit A, Alley Vacation ATTACHMENT 2 Page 92 ATTACHMENT 3 Page 93 ATTACHMENT 4 Page 94 Page 95 Page 96 ATTACHMENT 5 Page 97 Page 98 Page 99 CLIFF SHOWN IS THE APPROXIMATE LOCATION OF THE PLATTED ALLEY. PHOTO FACING SOUTH. ATTACHMENT 6 Page 100 PUBLIC COMMENT RECEIVED 2023-02-13 PUBLIC COMMENT RECEIVED 2023-02-14 4.The alley is only being vacated to the south of 231 Moraine Ave. Why are residential property owners to the north being treated differently? 5.I submit that the proposed Alley Vacation bordering 251 Moraine should not be addressed by Public Works through the Full Throttle Distillery application. Estes Park Public Works should be a stand-alone applicant and work through the process as prescribed for applicants. 6.There is very little space between the buildings/structures and the granite wall in the Alley. I would have no access to the trees and bushes on top of the vacated Alley. And should a stability or other problem arise, considering the blanket easement, how would I be able to protect my property through fencing or other means that might be necessary? Before the Town vacates its liabilities and controls access with easements, I would request that the appropriate entities take a closer, user-friendly look and communicate directly with me and other landowners. To be clear, I have no objection to Full Throttle Distillery or Mr. Phillips' proposal; nor do I wish to delay their progress. However, I do object to the Town of Estes Park vacating the alley portion that is not directly involved in 231 Moraine's project which now directly affects me. I respectfully request that the Town of Estes Park treat me, a supportive commercial property and small business owner in the Downtown business district, with consideration by tabling the proposal to vacate the portion of the alley to the south of 231 Moraine Ave. until a proper assessment of the stability of the hillside owned by the Town and other issues raised can be completed and discussed with the property owners. I believe good communication will go a long way toward finding solutions. Respectfully submitted, TeresaMaria Billitteri/Manager 251 Moraine LLC 251 Moraine Avenue 2075 River Walk Lane Longmont, CO 80504 Town Board Hearing, February 14, 2023 Alley Vacation Proposal to vacate a platted alley, platted in 1945 Never constructed and not needed for access EP Real Estate LLC (Full Throttle Saloon and Grill) and Town of Estes Park (Owner/Applicants) Full Throttle initially proposed vacating only a portion of the alley, Town Public Works determined more of the alley should be vacated 2 3 Alley to be Vacated 5 Review Agencies, Utilities:Staff referred the vacation to all utilities and other review agencies. Requirements have been met, with a “blanket easement” also within the Ordinance. Opposition:Two adjacent property owners recently submitted letters outlining concerns. Recommendation: Staff recommends approval of the Vacation and Ordinance. IMAGES PRESENTED BY STAFF DURING THE MEETING 2023-02-14       PUBLIC WORKS Memo To: Honorable Mayor Wendy Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, CCTM, Mobility Services Manager Greg Muhonen, PE, Public Works Director Date: February 14, 2023 RE: Resolution 12-23 Establishing 2023 Seasonal Paid Parking and Parking Permit Fees PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Adopt Resolution 12-23 to establish 2023 seasonal paid parking and parking permit fees. Present Situation: At a Town Board Study Session (TBSS) on December 13, 2022, Public Works (PW) staff presented detailed results from the 2022 paid parking season and recommendations for the 2023 paid parking program. This initial presentation included a summary of parking occupancy and turnover, parking permit utilization, public outreach efforts and operational improvements implemented for the 2022 guest season. During that presentation, PW staff acknowledged that the downtown community will be impacted by two significant improvement projects in the coming year (Downtown Estes Loop and Cleave Street Improvements). With the uncertainty about the impact of these two projects and the anticipated loss of two heavily-used gravel parking areas, Public Works staff recommend focusing the 2023 paid parking program on improving the existing operation and customer experience rather than expanding the program and/or raising parking fees. Since the 12/13 TBSS, PW staff held the final of three meetings of the Parking Revenue Task Force. This short-term task force was assembled in November 2022 and participants included: Colleen DePasquale (Estes Chamber), Rebecca Gelsinger (Visit Estes Park), John Krueger (Estes Valley Library Board of Directors), Carissa McGill (Simply Christmas), Rachel Rohrig (Lofts of Estes), Ann Finley (Transportation Advisory Board, TAB), Gordon Slack (TAB), Jessica Ferko (TAB), Greg Muhonen (Town), Dana Klein (The Car Park/Town) and Vanessa Solesbee (Town/Facilitator). Todd Jirsa Page 101 (Village Goldsmith) attended the final meeting as substitute for Ms. McGill. The task force process, results from the group’s multiple homework assignments and results are included in the Attachments. In brief summary, the group agreed that 45% of paid (roughly $190,000) parking net revenues should be spent on additional parking supply, 45% (roughly $190,000) on maintaining, and if possible, expanding the Town’s transit service and 10% (roughly $40,000) would be retained as a reserve. Proposal: To continue the seasonal paid parking program for the 2023 summer guest season as follows: • May 26 – October 22, 2023 • 10 a.m. to 5 p.m., Monday through Sunday • $2 per hour • 682 total spaces in the following same eight public parking areas as 2022: Town Hall, Bond Park, E. Riverside, Riverside, Virginia, Post Office, Wiest and Tregent. Additionally, as in 2022: • 69% of all public parking in Estes Park and 33% of parking in the downtown core will remain free. • All spaces with persons for disabilities will remain free and without time limit. • Vehicles displaying Americans with Disabilities (ADA) placards or Disabled Veterans (DV) license plates will continue to be exempt from paying parking fees in Town-owned parking spaces. • Motorcycles parking in designated motorcycle parking spaces will continue to be exempt from paying parking fees • Town Hall, the Estes Valley Library and the Post Office will continue to have dedicated spaces without charge for patrons. • Residents/locals who live in the Estes Park School R-3 District will continue to be eligible for 60 minutes of free parking each day in the paid parking areas. Advantages: • Seasonal paid parking continues the Town’s commitment to implementation of the Board-adopted Downtown Parking Management Plan and the four objectives of the paid parking program contained in Chapter 10 of the Estes Park Municipal Code. • Implementation is designed to accommodate diverse user groups (locals, visitors and employees), is phased/incremental, and is in line with other Colorado communities that are supported by tourism-driven economies. • Paid parking fees will continue to reduce future reliance on the General Fund for parking management, future parking infrastructure (e.g., new parking structure downtown) and the heavily subsidized Town’s free shuttle service (Estes Transit). Disadvantages: • Implementation of seasonal paid parking has been vocally opposed by some residents and business owners; however, staff will continue our commitment to working with all stakeholders to create the best possible parking experience for locals and visitors. Page 102 Action Recommended: PW staff recommends the Town Board adopt Resolution 12-23 Establishing 2023 Paid Parking and Parking Permit Fees Finance/Resource Impact: Current Impacts: The current Parking Fund (256) balance is $295,807.29 As in 2021, the 2022 program has met its financial goals, including: 1. Program costs were fully covered by program fees; 2. The Parking Fund will be able to “repay” the General Fund for the 2022 Parking Division base budget; and 3. Staff anticipates net revenue in the amount of $129,117.87 will be added to the Parking Fund once the 2022 books are closed. Future Impacts: After the first two years of seasonal paid parking, the Parking Fund balance should be approximately $424,925.16. Due to the timing of the Town’s annual budgeting process, staff projected no significant changes to the 2023 paid parking program with $838,875 in anticipated revenue for the Parking Fund (256), including paid parking fees, permits, citations and special events. Expenses were conservatively projected at $811,215 for net revenues of $27,660. Based on the results of the Parking Revenue Task Force, PW staff propose to use existing net paid parking revenues (from the Parking Fund, 256) in the following ways: 1) contract design of a second level of public parking on the Big Horn parking lot, 2) once 2023 transit operating costs are known, define the amount of additional funding needed to maintain existing annual service levels for Estes Transit, and possibly, if funding allows, expand downtown trolley service hours to better accommodate employees, and 3) set aside 10% of the Fund as a reserve. Level of Public Interest Public interest in seasonal paid parking continues to be moderate. Opinions about how downtown parking should be used, managed and/or not managed at all—and who should have access to those spaces—varies widely. The Transportation Advisory Board (TAB) was engaged in robust discussions about options for the 2023 Paid Parking Program over the course of several meetings. While opinions vary among the group members about whether the program should be held steady or begin incremental growth in 2023, as supported by 2021 and 2022 parking data, TAB submitted a letter in support of the 2023 PW staff recommendation. Sample Motion: I move for the approval/denial of Resolution 12-23. Attachments: 1 Resolution 12-23 Establishing 2023 Paid Parking and Parking Permit Fees 2 Parking Revenue Task Force Meeting Materials & Group Discussion Results 3 Support Letter (Transportation Advisory Board) Page 103 RESOLUTION 12-23 ESTABLISHING 2023 SEASONAL PAID PARKING AND PARKING PERMIT FEES WHEREAS, the Board of Trustees of the Town of Estes Park has adopted Chapter 10.06 of the Municipal Code, authorizing the implementation of seasonal parking fees by resolution; and WHEREAS, section 10.06.040 provides for permits in lieu of paid parking, governed by rules and regulations to be approved by the Town Board; and WHEREAS, section 10.04.040 allows for overnight parking where authorized by a Town-issued parking permit; and WHEREAS, at its study session on December 13, 2022, the Board of Trustees discussed the program’s 2022 performance with regard to the Town’s parking management objectives and staff presented recommended 2023 paid parking fees; and WHEREAS, it is necessary to determine parking fees for planning and budgeting purposes so as not to impair the continuity of operations for the Town’s Public Works Department Mobility Services Division. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The following daily parking fees in Estes Park shall be implemented and enforced for the 150-day (25-week) visitation season commencing on May 26, 2023, and terminating on October 22, 2023, inclusive. 2.Daily parking fees shall be $2.00 per hour between the hours of 10am and 5pm, seven days per week. 3.Daily parking fees shall be collected for 682 parking stalls (31% of 2,174 total stalls available system-wide and 67% of the 1,022 stalls located in the downtown core) in eight public parking lots as follows: the Town Hall parking lot (224 of 281 stalls), East Riverside parking lot (41 of 44 stalls), Riverside parking lot (91 of 94 stalls), Wiest parking lot (132 of 141 stalls), Post Office parking lot (86 of 99 stalls), Tregent parking lot (16 of 17 stalls), Virginia parking lot (19 of 20 stalls) and Bond Park parking areas (73 of 76 stalls). The Mobility Services Manager shall determine which specific stalls within these lots shall be designated as paid parking stalls, consistent with these totals, and shall ensure that they are conspicuously so designated. 4.Daily parking fees shall not apply to the 28 stalls marked for persons with disabilities in these parking lots: Town Hall (10 stalls), Post Office (4 stalls), Bond Park (3 stalls), Tregent (1 stall), Wiest (4 stalls), Riverside (2 stalls), Virginia (1 stall) and East Riverside (3 stalls). 5.Daily parking fees shall not apply to the spaces currently reserved for access to civil services in these parking areas: Town Hall (7), Post Office (10) and the Library (7). Daily parking fees shall apply when these reserved spaces are used by the public during holiday closures of the referenced facilities (Town Hall, Post Office and Library). 6.Daily parking fees shall not apply to spaces reserved for use by marked vehicles on official business in the Town Hall parking area. Current reserved space counts for 2023 are: Police Reserved (22) and Town/Library Staff Reserved (8). The Mobility Services Manager may adjust these counts as necessary for operational purposes, by adjusting the counts described in paragraph 3 above. ATTACHMENT 1 Page 104 7. Daily parking fees shall not be charged to visiting public officials traveling on official business in marked vehicles and parking in the Town Hall parking lot. 8. The two spaces marked as designated for electric vehicles in the Town Hall parking area shall continue to be governed in accordance with adopted Town policies. 9. Fees in 2023 for all parking permits as set forth in Public Works Policy 842 shall remain as set previously by resolution. 10. The resolution to be in full force and effect from and after its passage and approval. 11. The Board repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 105 4EVOMRK6IZIRYI 8EWO*SVGI 1IIXMRK 2SZIQFIV )78)74%6/'3036%(3`8,)'%64%6/ )78)74%6/'3036%(3`8,)'%64%6/ &VMIJ-RXVSHYGXMSRW •2EQIEJJMPMEXMSRERHWXEOILSPHIVKVSYT ]SYVITVIWIRX 4YVTSWI •To develop a recommendation to the Town Board on how paid parking revenues should be spent. ATTACHMENT 2 Page 106  7YTTSVXXLI8S[RƅWFYWMRIWWHMWXVMGXWF]QEOMRK TEVOMRKEZEMPEFPIERHF]IRGSYVEKMRKIGSRSQMG HIZIPSTQIRX  1EMRXEMREHIUYEXIXYVRSZIVSJ8S[RGSRXVSPPIH TEVOMRKWTEGIW  )RGSYVEKIEREHIUYEXIEQSYRXSJTEVOMRKEZEMPEFMPMX] JSVEZEVMIX]SJTEVOMRKYWIVW •)JJMGMIRXYWISJTIVMQIXIVTEVOMRKPSGEXMSRW •-RGVIEWIYWISJXLI8S[RƅWJVIIWLYXXPIW]WXIQ ERHSXLIVXVERWTSVXEXMSREPXIVREXMZIW  6IHYGIGSRKIWXMSRMRXVEZIPPERIWGEYWIHF]HVMZIVW WIIOMRKEZEMPEFPITEVOMRK (IJMRIHMR)41'3VHMRERGI 4EMH4EVOMRK4VSKVEQ+SEPW )78)74%6/'3036%(3`8,)'%64%6/ )78)74%6/'3036%(3`8,)'%64%6/ ,S[4EVOMRK6IZIRYIW'ER&I7TIRX 7TIGMEP6IZIRYI*YRH )41' •Revenue may be expended only on the administration, operation, and enhancement of parking management and complementary transit and alternative transportation services. Current Fund balance: $270,274 Anticipated balance (by 12/31): $467,485 Page 107 )78)74%6/'3036%(3`8,)'%64%6/ 4VIZMSYW(MVIGXMSRƁ 4PERRMRK 7XEOILSPHIVW 4PERW 7XYHMIW •4EVOMRK7XYH] •8VERWTSVXEXMSR:MWMSRMRK'SQQMXXII6SEHQET •8VERWMX 4EVOMRK7XYH] •(S[RXS[R4PER •(S[RXS[R4EVOMRK1EREKIQIRX4PER •'SQT4PER :MWMSRMRK4VSGIWW o /I]8LIQIW ƒ-RGVIEWIXVERWMXWIVZMGIXSWIVZIFSXLVIWMHIRXWERHZMWMXSVWJVSQXLI*VSRX6ERKI ƒ(IQERHJSVFMG]GPIMRJVEWXVYGXYVIERHQYPXMQSHEPGSRRIGXMZMX]FIX[IIRRIMKLFSVLSSHW(S[RXS[RERH PSHKMRKHIWXMREXMSRW ƒ-RGVIEWIHEPXIVREXMZIWXSHVMZMRKERHQSVITEVOSRGISTTSVXYRMXMIWXSEPPIZMEXIZILMGPIXVEJJMGXLVSYKL (S[RXS[R /I]8LIQIW •8EOIGEVISJ IQTPS]IIW •1SVITEVOMRKMW RIIHIHHS[RXS[R •)\TERHXLI WLYXXPITVSKVEQ •-RZIWXMRFMG]GPI MRJVEWXVYGXYVI )78)74%6/'3036%(3`8,)'%64%6/ 4VIZMSYW(MVIGXMSRƁ 4PERRMRK 7XEOILSPHIVW (S[RXS[R4EVOMRK8EWO*SVGI  •%HHMXMSREPTEVOMRKWYTTP]HS[RXS[RMREQSVIGIRXVEPM^IHPSGEXMSR •%HHMXMSREPXVERWMXWIVZMGIƁ MRGVIEWIJVIUYIRG]IEVP]IZIRMRKWIVZMGII\TERHVSYXIWEHHMXMSREPZILMGPIW •-RZIWXMRFMG]GPIMRJVEWXVYGXYVIWTIGMJMGEPP]IFMOIWLEVI •1SZIXS[EVHWXVYI)RXIVTVMWI*YRH •)QTPS]IIXVERWTSVXEXMSR •%HHMXMSREPWMKREKIƁ WTIGMJMGEPP]XSHIPMRIEXITYFPMGZWTVMZEXITEVOMRK 'PIEZI7XVIIX-QTVSZIQIRX4VSNIGX  •%HHMXMSREPWYTTP]MRXEVKIXIHPSGEXMSRWƈQMGVSWXVYGXYVIƉGSRGITX Page 108 )78)74%6/'3036%(3`8,)'%64%6/ 2I\X7XITW 1IIXMRK (IGIQFIV •+VSYT[MPPHMWGYWWERHTVMSVMXM^I EPPWYKKIWXIHYWIWJSVVIZIRYI •,SQI[SVO7LEVIKVSYTVEROMRK XST [MXL]SYVRIX[SVOGSPPIGX JIIHFEGOMHIRXMJ]TVSWERHGSRW 1IIXMRK .ERYEV] •*MREPM^IVIGSQQIRHEXMSRXSXLI 8S[R&SEVH 4EVOMRK6IZIRYI 8EWO*SVGI 1IIXMRK (IGIQFIV )78)74%6/'3036%(3`8,)'%64%6/ Page 109 )78)74%6/'3036%(3`8,)'%64%6/ 8SHE]ƅW+SEP •8LVSYKLXSHE]ƅWHMWGYWWMSR[ILSTIXSPIEVRQSVI JVSQIEGLSXLIVEFSYXSYVVIWTIGXMZITVMSVMX]PMWXW •8LII\IVGMWIMWHIWMKRIHXSLIPT]SYXLMROXLVSYKL XLITVSFPIQ[IQMKLXWSPZI XLIRIIH [LS[SYPH FIRIJMXMQTPIQIRXEXMSRJIEWMFMPMX]ERHGSWX •3YVRI\XLSQI[SVOEWWMKRQIRX[MPPFIXSYWIXLMW QEXVM\XSTVMSVMXM^IXLIQSWXMQTSVXERXERHYVKIRX RIIH W  'LEPPIRKISRITIVFS\ •-QTSVXERX;IEVIWSPIP]JSGYWIHSR[LIVIXSWTIRH TEMHTEVOMRKVIZIRYIWTVMSVMXMIWMHIRXMJMIHXLVSYKL XLMWTVSGIWWHSRSXI\GPYHIMRZIWXQIRX XMQIQSRI] MRSXLIVTVMSVMXMIWXLVSYKLSXLIVQIERW •3YVVSPIMWXSJYRRIPHS[RERHJSGYWQER]KSSH MHIEWGSQTIXMRKTVMSVMXMIWJSVTEVOMRKVIZIRYIW Future )78)74%6/'3036%(3`8,)'%64%6/ ,SQI[SVO -RWMKLXW 'SPPIIR )WXIW'LEQFIV 7YVZI]IHQIQFIVWLMTZME*VMHE]*SGYWƁ VIGIMZIHVIWTSRWIW •%HHMXMSREPTEVOMRKWYTTP]HS[RXS[RMREQSVIGIRXVEPPSGEXMSR  •%HHVIWWVITPEGI PSWW SJ TEVOMRKHYIXS'PIEZI7XTVSNIGX  •1SVI XVERWMX WIVZMGI  •-RZIWXMRFMG]GPIMRJVEWXVYGXYVII&MOI WLEVI  •8VERWMXMSRXSEXVYIIRXIVTVMWIJYRH  6IFIGGE :MWMX )WXIW 4EVO •Another multi-level garage or added parking spaces •Signage for use of bike/walking paths with better lighting •Free parking for local residents and discounts for drive market visitors Page 110 )78)74%6/'3036%(3`8,)'%64%6/ ,SQI[SVO-RWMKLXW .IWWMGE 8%& •-RZIWXMRWEJIX]MRJVEWXVYGXYVIJSVTIHIWXVMERWERHG]GPMWXWIWTIGMEPP]EVSYRH,MKL[E] GSVVMHSV •'SRWMHIV KVERX JYRHMRK JSV E JPIIX SJ I&MOIW XSGSRRIGXTEVOMRKWXVYGXYVI[MXLHS[RXS[R TVSKVEQXSTVSZMHII&MOIW XSHS[RXS[RIQTPS]IIW[LSQMKLXHVMZIXS[SVO %RR 8%& •1SZIXLI,MOIV7LYXXPIXSXLI)ZIRXW'IRXIVGSYPHLIPT[MXLGSRKIWXMSRERHJSPOWGSYPH WLYXXPIHS[RXS[R [SYPHRIIHQSVI8S[RWIVZMGI  •'SRXMRYIXSMQTVSZIWLYXXPIWIVZMGIZME QSVIPSGEPWIVZMGI IK'EVVMEKI,MPPW  HMVIGX WIVZMGIXSHS[RXS[R[SYXXVERWJIVEX:'ERH IZIRMRKWIVZMGIJSVHS[RXS[RIQTPS]IIW •'SRXMRYIWEZMRKJSVEQSVIEQFMXMSYWTVSNIGXERHMRGVIEWITEMHTEVOMRKTVSKVEQXSVEQTYT VIZIRYI'SYPHMRGPYHIWQEPPIVWXVYGXYVIWEVSYRHHS[RXS[R ;MIWX'PIEZI7X&MK,SVR  ERSXLIVPIZIPEX)ZIRXW'SQTPI\4IVJSVQERGI4EVOERH8VIKIRX7TVYGI  )78)74%6/'3036%(3`8,)'%64%6/ ,SQI[SVO-RWMKLXW 6EGLIP (S[RXS[R&YWMRIWW 0SHKMRK •'SRWXVYGXMSRTEVOMRKQMXMKEXMSRSJJWMXITEVOMRKERHWLYXXPIJSVGSRWXVYGXMSR[SVOIVW •7MKREKI ERH MRJSVQEXMSR XS LIPT ZMWMXSVW REZMKEXIXLI0SSTTVSNIGX •0SRKIVXIVQ EHHMXMSREP TEVOMRK MR E QSVI GIRXVEPM^IHPSGEXMSR IK6MZIVWMHIPSX Page 111 )78)74%6/'3036%(3`8,)'%64%6/ ,SQI[SVO)\IVGMWI  &EWIHSRXSHE]ƅWHMWGYWWMSRYWIXLI HIGMWMSRQEXVM\XSTVMSVMXM^IXLIQSWX MQTSVXERXERHYVKIRXRIIHJSVTEMH TEVOMRKVIZIRYIW 'LEPPIRKISRITIV FS\ E %HHMXMSREPTEVOMRKWYTTP] F 1SVIXVERWMXWIVZMGI G &MG]GPIMRJVEWXVYGXYVITVSKVEQQMRK  -RGPYHIFVMIJI\TPEREXMSRJSV]SYV VEROMRK  7IRHXS:ERIWWEFIJSVIRI\XQIIXMRK  2I\X QIIXMRK (IJMRI KVSYT HMVIGXMSRTVMSVMX] MIW HMWGYWWTVSGIWW Future )78)74%6/'3036%(3`8,)'%64%6/ 6IWYPXW +VIK 8S[R •Swift mitigation of lost parking spaces (DEL, Cleave) with a micro-structure on Big Horn. Design in 2023, build in 2024 with cash on hand (pkg revenue + General Fund) •Issue an RFP for P3 to design, fund and build a mixed-used parking facility on Town Hall lot. Consider new revenue bonds or structured debt. •Note: Expanded supply in other locations downtown would bring more congestion/ped conflict. :ERIWWE 8S[R •Move towards a true enterprise fund with commitment from Town to redirect General Funds savings to projects that improve downtown infrastructure. •Additional supply near the Cleave Street project area (Big Horn or Spruce); could consider a P3 project, possibly with the Housing Authority, to add more parking and workforce housing. Page 112 Page 113 Page 114 Page 115 January 30, 2023 Dear Honorable Mayor Koenig, and Trustees, The Transportation Advisory Board (TAB) has continued to actively participate in the process of creating a proposed 2023 Seasonal Paid Parking Program. We appreciate the opportunity to provide thoughtful and constructive feedback that can assist in making the program successful and continue to thrive. Three TAB members participated in the Parking Revenue Task Force (PRTF) to directly engage in additional recommendations for you to consider. TAB seeks to ameliorate disruptions in downtown during the Downtown Estes Loop (DEL) construction and the upgrades to Cleave Street by recommending the Town Board maintain the 2021 and 2022 paid parking permit fees and policies; extend transit service to late October and offer a new overnight parking permit for special event vendors. TAB continues to support the Paid Parking Program goals of promoting the Town’s business district by making parking available, maintaining adequate turnover of parking spaces in Town-controlled parking spaces, encouraging use of perimeter parking, increasing free shuttle services and other transportation alternatives, reducing traffic congestion, and reducing harmful emissions. The data driven program has demonstrated progress toward some of these goals, but a clear shortfall in use of periphery parking lots still exists. TAB appreciates further efforts towards signage and communication infrastructure to increase peripheral lot usage. TAB agreed with the PRTF’s top priorities for paid parking revenue usage: additional parking supply and maintaining/increasing transit services. TAB supports Public Works final recommendation of 45% (200K) towards parking supply and specifically a second level to the Big Horn lot, 45% (200K) toward maintaining or expansion of the Town’s transit services, and 10% (30K) toward a reserve fund. The robust discussion about revenue allocation included opposition to investing in parking supply that potentially encourages downto wn congestion and adds to toxic emissions. Some TAB and community members believe that investment in alternative transportation, such as safe, connected bike infrastructure, would address the growing environmental crisis, and improve access to Downtown by a growing visitor/resident demographic. A majority of TAB members agreed to support the 2018 Downtown Parking Management Plan’s Phase 4 that includes expansion of strategic parking supply. The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the opportunity to provide our observations regarding the proposed 2023 Seasonal Paid Parking Program. Sincerely, Belle Morris Chair, Estes Park Transportation Advisory Board ATTACHMENT 3 Page 116 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Director Bergsten, Project Manager Wesley Date: February 14, 2023 RE: Resolution 13-23 Authorizing the Town Administrator to Execute a Construction Contract to Install a New Watermain and Portions of Some Private Service Lines Under Elkhorn Ave From Macgregor Ave to Moraine Ave (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To support our mission of providing high-quality, reliable water service while being good stewards of public resources and our natural setting by expediting Elkhorn Avenue water infrastructure construction to be completed before the beginning of the Downtown Estes Loop (DEL) work. Present Situation: We have had two significant Elkhorn Avenue water main breaks within the past three years which foreshadows more frequent breaks to come. In August of 2019, shortly after Elkhorn Avenue received a new layer of asphalt, a catastrophic water main break destroyed the asphalt from curb to curb near the Municipal Building. Page 117 August 20, 2019, Elkhorn Ave. water main break near the municipal building On December 20th, 2022, another catastrophic Elkhorn Avenue water main break triggered a water service outage for all businesses on the 100-east block of Elkhorn Avenue. It impacted access to the area with frozen water on the street’s surface and excavation of the street. December 20th, 2022, Elkhorn Ave, 100-East block The negative impacts of water main breaks on Elkhorn Avenue are high. They impact vehicle and pedestrian traffic on a busy narrow roadway, and water service is interrupted in one of our highest density commercial areas, creating a negative guest experience. Page 118 Proposal: Town Staff proposes an expedited construction contract to replace the existing 8" Elkhorn Avenue cast iron water line between Moraine Avenue and McGregor Avenue. We will replace any private water service in disrepair from the watermain to a new curb stop beyond the road's edge. These water service lines from the Town’s water main to inside the customers’ building will remain private and the owners' responsibility. There are approximately 18 customer water service lines underneath Elkhorn Avenue between Moraine Avenue and McGregor Avenue. Staff believes most, if not all, water service lines are past their useful life and in poor condition. Roadway restoration will be outsourced through a separate contract. Advantages: ●Limits the duration of disruption by coordinating with Loop project. ●Reduces the probability of future emergency construction repairs to private customer service lines and the main line under Elkhorn Avenue. ●Coordination with the DEL project will reduce traffic control impacts that would occur if this project is pushed into next winter. ●Improves fire protection by adding fire hydrant(s). Disadvantages: ●Higher costs due to expedited construction; however, costs of emergency repairs are mitigated. Page 119 ● Longer construction hours and days with potential work occurring at night time and over weekends; however, completing the construction prior to DEL limits the construction to these first few months in 2023. ● There will be traffic, visitor, and business impacts during construction; however, the duration is shorter and limited to this winter. Action Recommended: Staff recommends approval of resolution. Finance/Resource Impact: $745,451, reallocated from existing, approved, capital improvement funds. 1. CARRIAGE DRIVE WATER MAIN REPLACECMENT $ 271,079 a. Staff will include this project in our Infrastructure Investment and Jobs Act (IIJA) federal funding request. We recommend reallocating these funds to this Elkhorn project. 2. GC DISINFECTION OUTREACH AND VERIFICATION EFFORT $ 183,941 a. The amount was earmarked for building remodeling. The project is on hold. We recommend reallocating these funds to this Elkhorn project. 3. ACACIA 4" ABANDONMENT $ 11,000 a. This project was completed in-house and under budget. We recommend allocating these funds to this Elkhorn project. 4. LEAK CORRELATOR EQUIPMENT $ 10,000 a. This equipment has been purchases for less than the budgeted amount. We recommend allocating these funds to this Elkhorn project. 5. BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP) $ 53,255 a. The shop remodel work is complete. We recommend reallocating the remaining funds to this Elkhorn project. 6. CIP BUREAU AREA PHASE 4 $ 216,176 a. This project is delayed to coordinate with Public Works roadway improvement project. Staff recommends allocating $216,176 of the $2,169,176 Level of Public Interest HIGH Sample Motion: I move for the approval/denial of Resolution 13-23. Attachments: 1. Resolution 13-23 2. Bid Documents Page 120 RESOLUTION 13-23 AUTHORIZING THE TOWN ADMINISTRATOR TO APPROVE A CONSTRUCTION CONTRACT FOR WATER UTILITY INFRASTRUCTURE UNDER ELKHORN AVENUE FROM MACGREGOR AVENUE TO MORAINE AVENUE WHEREAS, the Town installed the Elkhorn Ave watermain in the 1960s; and WHEREAS, the Elkhorn Ave watermain is beyond its useful life; and WHEREAS, two significant Elkhorn Ave watermain breaks have occurred in the past three years indicating the old pipe is prone to failure; and WHEREAS, Elkhorn Ave watermain breaks negatively impact traffic, business economics, and our guests’ experience; and WHEREAS, watermain breaks result in a nonbeneficial loss of treated water, a valuable natural resource; and WHEREAS, private water service lines within the project’s scope and in disrepair have the same negative impacts on the public and our economy; and WHEREAS, replacing those private water service lines within the project’s scope and in disrepair will reduce future disruptions; and WHEREAS, those private service water lines replaced within the scope of the project will remain private; and WHEREAS, expediting the construction of new Elkhorn Ave water infrastructure to complete the work before the Downtown Estes Loop project begins will reduce disruption to our downtown businesses, residents, and guests; and WHEREAS, adding an incentive for early completion of construction reduces the probability of scheduling conflicts with the Downtown Estes Loop project; and WHEREAS, Policy 601 authorizes the Town Administrator to spend no more than $100,000 on a contract without prior approval of the Town Board of Trustees; and WHEREAS, raising that limit will hasten the start of this project by avoiding the necessity of Board approval of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board authorizes the Town Administrator to spend up to $600,000 in connection with a contract for Elkhorn Ave water infrastructure construction, as generally described in the bid documents now before the Board, with a responsible and responsive bidder, consistent with all Town policies. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 121       Page 122 TOWN ATTORNEY Memo To: Honorable Mayor Koenig Board of Trustees From: Town Attorney Dan Kramer Date: February 14, 2023 RE: Resolution 14-23 Approving the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region and First Amendment (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Become a formal member of the Larimer County Region for the purposes of distributing proceeds of the Colorado opioids settlements. This will afford the Town an opportunity to appoint a representative to the Regional Council. Present Situation: The Colorado Attorney General’s Office has coordinated a plan and supporting legal documents for distributing proceeds of several nationwide settlements with business entities that have manufactured, distributed, or promoted opioids. The Town became a participating local government under the state plan by approving the Colorado Opioids Settlement Memorandum of Understanding (State MOU) on November 24, 2021. One aspect of the State MOU is that it creates “regions” across the state to control and disburse the majority of the settlement funds flowing into the state. Larimer County comprises one such region, and several local governments in the county have already come together and constituted themselves as the Larimer County Region, by means of a Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region (Regional IGA). For reference, in its first of at least eighteen years of funding, the Larimer County Region received over $2 million to direct. As a participating local government in the State MOU, Estes Park should have been included as a member of the Regional IGA when it came into effect in June 2022. The Town, however, was not included. After being made aware of the issue, Town staff has worked with the County and other regional members to develop an amendment to the Regional IGA to include the Town. Proposal: Approve the Regional IGA and First Amendment to include the Town of Estes Park as a voting member of the Larimer County Region. Page 123 Advantages: A full seat at the table in determining how millions of dollars in opioid settlement funds will be spent in Larimer County over the next two decades or potentially longer. Disadvantages: The time investment of a Board member or other appointee over several years. Action Recommended: Approve the attached resolution. Finance/Resource Impact: None. Potentially a positive impact on local government finances depending on how the Region’s resources are distributed. Level of Public Interest Generally a moderate interest in the expenditure of these funds statewide. Sample Motion: I move for the approval/denial of Resolution 14-23. Attachments: 1.Resolution 14-23. 2.Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region 3.LINK Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region 4.LINK Colorado Opioids Settlement Memorandum of Understanding Page 124 RESOLUTION 14-23 APPROVING THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY REGION AND FIRST AMENDMENT WHEREAS, the Town Board wishes to enter the agreement and amendment referenced in the title of this resolution for the purpose of establishing membership in the Larimer County Region as established under the Colorado Opioids Settlement Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves the intergovernmental agreement and amendment referenced in the title of this resolution, and authorizes the Mayor to sign the amendment, in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 125 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 1 of 8 AMENDMENT ONE TO THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY REGION I.Parties. This Amendment is made and entered into by and between the City of Fort Collins, the City of Loveland, the Town of Wellington, the Town of Estes Park and Larimer County. II.Purpose of Amendment. The original Intergovernmental Agreement (“Regional Agreement”) established the Opioid Abatement Council for the Larimer County Region. The original parties identified as the Regional Participating Local Governments (“Regional PLGs”) were the City of Fort Collins, the City of Loveland, the Town of Wellington and Larimer County, plus the Larimer County Board of Health. These parties executed the Regional Agreement effective June 7, 2022. Since that time, the Town of Estes Park has requested to be added as a Regional PLG under the Regional Agreement. On September 16, 2022, the Opioid Abatement Council for the Larimer County Region, voted to recommend the addition of the Town of Estes Park as a Regional PLG to the Regional Agreement. This Amendment is intended for the original Regional PLGs and Board of Health, to consent and amend the Regional Agreement to include the Town of Estes Park, and for the Town of Estes Park to agree to the terms and conditions of the Regional Agreement as a Regional PLG. III.Term of the Amendment. This Amendment shall commence on upon the last signature of the Regional PLGs. IV.Amendments. 1.The first paragraph of the Regional Agreement shall state: THIS COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the “Regional Agreement”) is made between the City of Fort Collins, the city of Loveland, the Town of Wellington, the Town of Estes Park and Larimer County, all Participating Local Governments, as defined in the Colorado MOU, in the Larimer County Region (“Region”). The parties are individually referred to herein as a “Regional PLG” and collectively as the “Regional PLGs” and the Larimer County Board of Health. 2.Section 3.3(a) of the Regional Agreement shall state: Chair: The Voting Members for the Region shall appoint one member to serve as Chair of the Regional Council. The Chair’s primary responsibilities shall be to schedule periodic meetings and votes of the Regional Council as needed and to serve as the point of contact for disputes within the Region. The Chair must be a Voting Member representing Fort Collins, Loveland, Wellington, Estes Park or Larimer County. 3.Section 6 of the Regional Agreement shall be amended to include: •Town of Estes Park 0.3502% 4.Section 10.6 of the Regional Agreement shall be amended to include: 10.6. Town of Estes Park designates the Town Administrator or their designee(s). 5.Section 17 of the Regional Agreement shall be amended to include: For the Town of Estes Park: ATTACHMENT 2 Page 126 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 2 of 8 Assistant Town Administrator P.O. Box 1200 Estes Park, CO 80517 jdamweber@estes.org Town Attorney P.O. Box 1200 Estes Park, CO 80517 dkramer@estes.org 6. Exhibit X, Section 1, shall be amended to include: • 1 representative appointed by Estes Park V. General Provisions. 1. Same Terms and Conditions. With the exception of items explicitly delineated in this Amendment, all terms and conditions of the original Regional Agreement, attached and incorporated by this reference, shall remain unchanged and in full force and effect. 2. Counterparts. This Amendment may be executed in counterparts. Each counterpart, when executed and delivered, shall be deemed an original and all counterparts together shall constitute one and the same Amendment. 3. Adoption of Regional Agreement. The Town of Estes Park, through execution and adoption of this Amendment, executes, adopts and agrees to be bound and obligated by all the terms and conditions of the original Regional Agreement, attached and incorporated by this reference, as amended. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. Page 127 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 3 of 8 City of Loveland, Colorado Signature: ______________________________ Name: Stephen C. Adams Title: City Manager ATTEST: ________________________ ______________________ City Clerk Date APPROVED AS TO FORM: ________________________ Assistant City Attorney Page 128 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 4 of 8 City of Fort Collins, Colorado Signature: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: ________________________ ______________________ City Clerk Date APPROVED AS TO FORM: ________________________ City Attorney Page 129 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 5 of 8 Town of Wellington, Colorado Signature: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: ________________________ ______________________ Town Clerk Date APPROVED AS TO FORM: ________________________ Attorney Page 130 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 6 of 8 County of Larimer, Colorado By: Chair, Board of County Commissioners of Larimer County Date: Attest: Clerk to the Board APPROVED AS TO FORM: ______________ _ Deputy County Attorney Page 131 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 7 of 8 Larimer County Board of Health Signature: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: ________________________ ______________________ County Clerk Date APPROVED AS TO FORM: ________________________ Deputy County Attorney Page 132 Amendment One to the Colorado Regional Opioid Intergovernmental Agreement for the Larimer County Region Page 8 of 8 Town of Estes Park, Colorado Signature: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: ________________________ ______________________ Town Clerk Date APPROVED AS TO FORM: ________________________ Town Attorney Page 133       Page 134 Town Clerk Memo To: Honorable Mayor Koenig Board of Trustees Through Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 14, 2023 RE: Appointment to the Larimer County Regional Opioid Abatement Council. Objective: To consider the appointment of a Town Board member to the Larimer County Regional Opioid Council. Present Situation: The Town is considering an Intergovernmental Agreement to form the Colorado Regional Opioid Abatement council for the Larimer County Region and the first amendment to the agreement to provide the Town of Estes Park with a voting member position on the council. Proposal: To appoint a member of the Town Board to the council if the Intergovernmental Agreement is approved. As a voting member of the council the member will serve a two year appointment or until their elected term ends. Advantages: Estes Park representation on the council to determine how the opioid settlement funds are allocated. Disadvantages: None. Action Recommended: To approve an appointment of a Town Board member to the council Budget: Mileage and miscellaneous expenses to attend meetings. Level of Public Interest. Low. Sample Motion: I move to approve the appointment of Trustee __________ to a two-year term beginning March 1, 2023 to the Larimer County Regional Opioid Abatement Council. Page 135 Page 136