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HomeMy WebLinkAboutPACKET Town Board 2023-02-28The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 28, 2023 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. AGENDA 6:15 p.m. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees – Municipal Judge Annual Evaluation. REGULAR BUSINESS 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). RECOGNITION OF PARKS ADVISORY BOARD. 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 February 14, 2023 and Study Session Minutes dated February 14, 2023. 3. Resolution 08-23 to Consider a Program Plan to Assure Title VI Compliance as a Recipient of Federal Transit Administration Funding for Public Transportation. (Continued from February 14, 2023) 4. Resolution 15-23 Intergovernmental Agreement for 2023 Fiscal Year Certifications and Assurances as required for Federal Transit Administration Funding for Public Transportation with CDOT. Prepared 02-17-2023 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5. Resolution 16-23 Setting the Public Hearing for a New Beer & Wine Liquor License Application for Aspen & Pines LLC dba SereniTEA's Tea Room, 207 Park Lane, Estes Park, Colorado, for March 14, 2023. 6. Resolution 17-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Karma Vibes LLC dba Karma Vibes, 1110 Woodstock Drive, Estes Park, Colorado, for March 14, 2023. 7. Resolution 18-23 Sunsetting the Parks Advisory Board and Continuing the Transportation Advisory Board. LIQUOR ITEMS: 1. RESOLUTION 19-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR ST. VRAIN PROPERTY LLC DBA TWIN OWLS MOTOR LODGE, 130 STANLEY AVENUE, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. 2. RESOLUTION 20-23 NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR BIG THOMPSON PROPERTY LLC DBA ESTES VILLAGE INN, 1040 BIG THOMPSON AVENUE, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION 21-23, SPECIAL REVIEW, “CULTURAL INSTITUTION” 415 WEST WONDERVIEW AVENUE, HISTORIC STANLEY HOME FOUNDATION, OWNER/APPLICANT. Planner Woeber. Applicant proposes amendments to an approved Special Review for a "Cultural Institution" (Stanley Home Museum and Education Center). B. ORDINANCE 01-23 ALLEY VACATION, PLATTED ALLEY WITHIN THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE, TODD PHILLIPS, EP REAL ESTATE LLC/APPLICANT. Planner Woeber. Continued from February 14, 2023. To vacate a portion of a platted alley adjacent to the Full Throttle Saloon. ACTION ITEMS: 1. ORDINANCE 02-23 AMENDING CHAPTERS 12.20 AND 12.30 OF THE ESTES PARK MUNICIPAL CODE, AND THE ART IN PUBLIC PLACES GUIDELINES, TO REMOVE REFERENCES TO THE PARKS ADVISORY BOARD. Director Muhonen. 2. REVISED POLICY 601 PURCHASING POLICY - SPENDING AUTHORITY & LIMITS. Director Hudson. Update Policy 601 to revise spending authority and limits by position for new departments, divisions, and other changes. 3. RESOLUTION 22-23, SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2023 BUDGET. Director Hudson. Amend the 2023 budget for new projects and grants identified after the adoption of the original 2023 budget. 4. FINAL 2022 STRATEGIC PLAN PROGRESS REPORT AND AMENDED 2023 STRATEGIC PLAN. Town Administrator Machalek. Page 2 Board review of the final 2022 Strategic Plan Progress report and consideration of an amended 2023 Strategic Plan that incorporates 2022 Strategic Plan Objectives that were not completed in 2022. 5. 2023 ANNUAL WORKFORCE AND CHILDCARE FUNDING PLAN FOR LODGING TAX (6E) FUNDS. Deputy Town Administrator Damweber. Consider the proposed 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds. 6. RESOLUTION 23-23 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT. Deputy Town Administrator Damweber. Consider an amendment to the Local Marketing District IGA to address Lodging Tax (6E) funds and include a new requirement that the Bylaws be adopted by the Board of Directors for the District. 7. REVISED POLICY 225 - CHILDCARE FUNDING GUIDELINES. Deputy Town Administrator Damweber. Revisions to Policy 225 to address Ballot Measure 6E revenue and recommendations of the 2023 Housing Needs Assessment and Strategic Plan. 8. REVISED POLICY 227 - WORKFORCE AND ATTAINABLE HOUSING GUIDELINES. Deputy Town Administrator Damweber. Revisions to Policy 227 to address Ballot Measure 6E revenue and recommendations of the 2023 Housing Needs Assessment and Strategic Plan. REQUEST TO ENTER EXECUTIVE SESSION: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24- 6-402(4}(e}, C.RS. – Fish Hatchery Negotiation Update. ADJOURN. Page 3       Page 4 Town of Estes Park, Larimer County, Colorado, February 14, 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 14th day of February, 2023. Present: Wendy Koenig, Mayor Trustees Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: Mayor Pro Tem Scott Webermeier, Trustee Marie Cenac and Town Administrator Travis Machalek Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – PIETER HONDIUS 100TH BIRTHDAY: Mayor Koenig presented a proclamation recognizing Pieter Hondius’ 100th birthday. YEARS OF SERVICE RECOGNITION. Mayor Koenig recognized staff which met service milestones with the Town, including Joe Lockhart – 20 years; Steve Rusch and Jolene Svancara – 15 years; Kevin McEachern – 10 years; and Sharla Beesley, Deb Callahan, and Mark Leili – 5 Years. AGENDA APPROVAL. It was moved and seconded (Hazelton/MacAlpine) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Jed Eide/Town citizen and Kristine Poppitz/County citizen spoke regarding a new community group named Preserve Estes Park, Governor Polis’ January 17 speech and his emphasis on increased affordable and transitional housing, questioned the Town’s position on this endeavor and the potential loss of autonomy, petition signature requirements for specific issues, and questioned the number of housing units needed and the impacts on population growth as referenced in the Estes Valley Housing Needs Assessment and Strategic Plan. Laurie Dale-Marshal/EVICS Family Resource Center Director spoke regarding Town support of EVICS through community initiative funding and thanked the Town Board for their review of the Childcare Fund and the need for flexibility. Nancy Almond/County citizen spoke regarding Estes Park’s Childcare issues and challenges, the childcare center which was originally planned and not included in Community Center construction, voter support of childcare in the Town, and the limited amount of 6E funds to support childcare as opposed to workforce housing as referenced in the proposed Workforce/Attainable Housing and Childcare Funding Policy. She urged the Town to increase the financial support of childcare in Estes Park. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Trustee Talk was held January 26, 2023 where discussion covered environmental issues, and the Environmental Sustainability Task Force report. The Sister Cities met and continued work on amending their bylaws, mission statement, and reinstating their tax-exempt status. Burn Wise flyers which were included with utility bills. An Estes Valley Fire Protection District seminar on safe and effective indoor wood burning would be held February 24, DR A F T Page 5 Board of Trustees – February 14, 2023 – Page 2 2023. The Family Advisory Board met and discussed the new SummitStone Co- Responder in the Police Department, 6E funds, and continued an exercise for 2023 goals in alignment with the Town Board’s Strategic Plan. Upcoming projects being planned by the Estes Valley Land Trust. The Transportation Advisory Board would meet to discuss the complete streets policy and Federal Lands Access Program Task Force formation. TOWN ADMINISTRATOR REPORT. None. 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. 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. It was moved and seconded (Younglund/Hazelton) to approve the Consent Agenda with the removal of Item #9 for discussion, and it passed unanimously. Consent Item #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. Manager Solesbee presented Resolution 08-23 and provided background on the requirement to update a program plan every 6 years and the Language Access Plan (LAP) which was in development by staff. The Board discussed the LAP, progress, and Town Board approval of the LAP. It was moved and seconded to (MacAlpine/Hazelton) to continue Resolution 08-23 to the February 28, 2023 meeting, and it passed unanimously. 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, DR A F T Page 6 Board of Trustees – February 14, 2023 – Page 3 WILDFIRE HOMES LLC, APPLICANT. Mayor Koenig opened the public hearing and Planner Woeber presented Resolution 11-23 for the third supplemental condominium map of Building G 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. Rick Alnutt/Applicant was available for questions. The Board discussed code requirements to hold hearings for each individual building. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Younglund) to approve Resolution 11-23, and it passed unanimously. 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. Mayor Koenig opened the public hearing and Planner Woeber presented Ordinance 01-23 for an Alley Vacation of Buenna Vista Terrace to allow for an addition to the existing structure at 231 Moraine Avenue and meet setback requirements. He highlighted utility requirements, a request from Public Works department for additional alley vacations adjacent to Lots 8A to 12A, and 8B to 12B, and public input on the vacation. Don Darling and Lonnie Sheldon spoke on behalf of the applicant and provided further details on previous maintenance to the building and further context on the alley vacation. Colin Godsey/Town citizen spoke in favor of Ordinance 01-23 as the adjacent property owner to 231 Moraine Avenue. TeresaMaria Billitteri/Longmont citizen spoke in opposition of Ordinance 01-23 regarding effects to her property at 251 Moraine Avenue, lack of notice of the vacation, the north section of the alley being maintained, and removal of Town liability. She requested the Town table the additional alley vacations until further communication and discussion with property owners could occur. The Board discussed the location of the alley, the 10-foot setback, the height of the proposed structure, the topography of the alley, the benefits of vacating the entirety of the alley, effects of the vacation on adjacent property owners, the statutory requirements for vacating Town property, previous erosion issues in the alley and the cliff, advantages and disadvantages of vacating a portion of the alley, stability inspections of the cliff, and the vacation procedures. Don Darling and Lonnie Sheldon stated concerns with the timeline of adjusting exhibits to the Ordinance for a later Town Board meeting. Mayor Koenig closed the public hearing and it was moved and seconded (Koenig/MacAlpine) to continue Ordinance 01-23 to February 28, 2023, and no vote was cast as the substitute motion was passed. A substitute motion was moved and seconded (Younglund/Koenig) to continue Ordinance 01-23 until such time that Town Staff were able to prepare additional recommendations, and it passed with Trustee Hazelton voting “no”. ACTION ITEMS: 1. RESOLUTION 12-23 ESTABLISHING 2023 SEASONAL PAID PARKING AND PARKING PERMIT FEES. Manager Solesbee presented Resolution 12-23 establishing the 2023 Seasonal Paid Parking and Parking Permit Fees. She highlighted results of the 2022 Seasonal Paid Parking as presented at the December 13, 2022 Study Session, downtown construction impacts, and the Parking Revenue Task Force and their recommendation of using paid parking net revenue to contribute 45% on additional parking supply, 45% on maintaining/expanding the Town’s transit service, and 10% retained as a reserve. Staff recommended maintaining the current fees, focus on improving existing operations and customer experience, and extending the paid parking season from May 26, 2023 through October 22, 2023 to coincide with Rocky Mountain National Park timed entry. The Board discussed the approval process of parking fund uses DR A F T Page 7 Board of Trustees – February 14, 2023 – Page 4 and it was moved and seconded (Martchink/MacAlpine) to approve Resolution 12-23, and it passed unanimously. 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 presented Resolution 13-23 to allow the Town Administrator to execute a construction contract for installation of a new watermain under Elkhorn Avenue. He highlighted watermain breaks in 2019 and 2022, the negative impacts of watermain breaks along Elkhorn Avenue, details and schedule of the installation, and coordination with the Downtown Estes Loop construction. The Board discussed inclusion of the private service lines and setting potential precedents, next steps, and reasons for the variety in bid estimates. It was moved and seconded (Younglund/Hazelton) to approve the Resolution 13-23, and it passed unanimously. 3. RESOLUTION 14-23 APPROVING THE COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER COUNTY REGION AND FIRST AMENDMENT. Town Attorney Kramer presented Resolution 14-23 approving the Colorado Regional Opioid Intergovernmental Agreement (IGA) for the Larimer County Region. He highlighted previous Town approval of the Colorado Opioids Settlement Memorandum of Understanding, settlement fund dispersals, the Larimer County Region, and benefits to the Town joining. The Board discussed the reasons Estes Park was not originally included in the IGA and the number of members on the Council. It was moved and seconded (Younglund/MacAlpine) to approve the Resolution 14-23, and it passed unanimously. 4. APPOINTMENT TO THE LARIMER COUNTY REGIONAL OPIOID ABATEMENT COUNCIL. The Board discussed frequency and location of meetings and the hybrid option of attending meetings. It was moved and seconded (Martchink/Hazelton) to appoint Trustee Younglund to a two-year term beginning March 1, 2023 to the Larimer County Regional Opioid Abatement Council, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 9:39 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 8 Town of Estes Park, Larimer County, Colorado February 14, 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 14th day of February, 2023. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Trustees Hazelton, MacAlpine, Martchink and Younglund Also Attending: Deputy Town Administrator Damweber, Town Attorney Kramer, and Deputy Town Clerk Beers Absent: Mayor Pro Tem Webermeier, Trustee Cenac and Town Administrator Machalek. Mayor Koenig called the meeting to order at 5:15 p.m. US34 TRANSPORTATION MANAGEMENT ORGANIZATION. Staff requested Board interest in participating in regional discussions related to transportation demand management and specifically the formation of a new US34 Transportation Management Organization (TMO). North Front Range Metropolitan Planning Organization (NFRMPO) are leading efforts with the support of the US34 Coalition and VanGo carpooling service. The US34 Coalition includes representatives from Larimer County, Loveland, Johnstown, Weld County, Windsor, Greeley, Evans and Kersey. Alex Gordon, NFRMPO Transportation Planner provided an overview of the formation efforts for the TMO. He reviewed existing TMO’s in Colorado which are primarily Denver metro based. Estes Park has been a member of the Larimer County Mobility Committee to expand transit connection and opportunities in the region. The TMO would add capacity and build relationships through membership, education and awareness, advocacy and support for transportation projects and programs as well as data collection. Funding sources were reviewed including Multimodal Transportation and Mitigation Options Fund (MMOF), VanGo, CDOT Transportation Demand Management Seed Grant and local contributions. Board questions included whether the service options would be similar to Bustang, grant timeline, contingency plans should grant funding be unavailable and the time commitment for the TMO. Suzette Mallette, NFRMPO Executive Director highlighted the benefits of VanGo for employee commuting and how the service could be an alternate option to address transportation demand. She stated VanGo has approximately 27 vans, maintained by the company which are used by commuters for a monthly fee. She reviewed employer sponsored/employee formed vehicle service opportunities and fares. Board questions have been summarized: Questioned how different schedules are managed by the company; requested clarification on how vehicles are used, pricing and storage of vehicles. Board consensus was to direct staff to participate in the TMO. Staff would continue to explore transportation alternatives for the Town and employees. WORKFORCE/ATTAINABLE HOUSING AND CHILDCARE FUNDING POLICY UPDATES. Deputy Town Administrator Damweber requested Board feedback on proposed updates to Policy 225 – Childcare Funding Guidelines and Policy 227 – Workforce Housing Guidelines due to new revenue created by the passage of Ballot Measure 6E. Proposed updates to Policy 225 included: language clean up regarding the Town’s role; changing “Childcare Reserve Fund” to “Childcare Fund” and updating how funds would be appropriated each year; expansion of the list of entities or individuals eligible to receive funds; removing references to a matching requirement; clarifying/updating the list of eligible expenditures; calling out the ability to transfer funds to partnering agencies and how contracts would specify decision-making authority, and clarifying expectations regarding direct subsidies, and reporting requirements. Proposed updates to Policy 227 included: adding “attainable” to the policy’s title and throughout; DR A F T Page 9 Town Board Study Session – February 14, 2023 – Page 2 changing references to “Workforce Housing Reserve Fund” and updating how funds would be appropriated each year; revisions to the list of eligible expenditures to include all strategies recommended in the 2023 Housing Needs Assessment and Strategic Plan; calling out the ability to transfer funds to partnering agencies and how contracts would specific decision making authority and consideration of the desirable AMI ranges to target for workforce and attainable housing. He stated infant and toddler care continues to be the biggest issue the community faces. The Board questioned whether staff utilized data from other communities in the policy changes and if they identified tuition rate comparisons. Staff stated the Board could administer tuition assistance to families and providers and requested Board feedback. It was staff’s recommendation to maintain the relationship with tuition assistance providers in the community which the Board was in agreement. Staff recommended the AMI of the desirable range to target for workforce housing and attainable house be set at 60%-150%. Board comments and questions have been summarized: Clarification on the childcare needs in the community related to age and staffing issues; whether the Family Advisory Board reviewed the funding plan; comment was provided regarding the Town Board’s ability to contribute general funds toward addressing needs in the community, and the Board requested Root Policy Research Workforce Housing and Attainable Housing data be included in packet material for consideration at the February 28, 2023 meeting. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. A request was made to schedule the Environmental Sustainability Advisory Board and Environmental Sustainability Manager discussion for a March 2023 meeting. FUTURE STUDY SESSION AGENDA ITEMS. The 2023 Street Improvement Program Overview and the Energy Code Discussion were scheduled for March 28th, the International Property Maintenance Code Discussion was added to approved/unscheduled and a Family Advisory Board check in was scheduled for February 28, 2023. There being no further business, Mayor Koenig adjourned the meeting at 6:46 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 10 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 28, 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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 20 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 21 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 22 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 23 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 24 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 25 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 26 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 27 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 28 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 29 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 30 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 31 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 32 (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 33 (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 34 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 35 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 36 (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 37 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 38 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 39 (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 40 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 41       Page 42 PUBLIC WORKS 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 28, 2023 RE: Resolution 15-23 Intergovernmental Agreement for 2023 Fiscal Year Certifications and Assurances as required for Federal Transit Administration Funding for Public Transportation with CDOT (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Adoption of Resolution 15-23, which approves an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY) 2023 Certifications and Assurances required by the Federal Transit Administration (FTA) for recipients of FTA funding for public transportation. Present Situation: Before the FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre- award agency (Town) Certifications and Assurances are required. CDOT has requested that each agency (Town) review the Certification and Assurance overview and select those categories that will apply to any application for which the agency (Town) might seek or receive federal assistance from FTA during the fiscal year listed (FY 2023). Because the FTA’s annual Certification and Assurance overview contains various agreements and commitments, it requires Town Board approval as an IGA under Town Policy 1101. Proposal: Public Works staff propose that the Town Board authorize the Mobility Services Manager to complete and submit the FY 2023 Certifications and Assurances, as required by the FTA, using CDOT’s online document management portal COTRAMS. Page 43 Advantages: •By completing the requested FY 2023 Certifications and Assurances, the Town will ensure that it remains in compliance with State and Federal requirements for agencies that receive grant funding for public transportation projects. •Completing the requested FY 2023 Certifications and Assurances secures Town eligibility to receive FTA grant funding for reimbursement for several existing projects (e.g., trolley barn facility) and allows the Town to receive FY 2023 FTA 5311 (in the amount of $70,000), which has already been awarded. Disadvantages: •Accepting and processing Federal grants adds administrative workload to several departments, including Public Works, Finance and Administrative Services; however, these staff teams are well-versed at managing FTA grant funding of this type. Action Recommended: Public Works staff recommend approval of Resolution 15-23. Finance/Resource Impact: This item does not require funding or resources from the Town. Level of Public Interest Public interest in this item is low. Sample Motion: I move to approve/deny Resolution 15-23. Attachments: 1.Resolution 15-23 2.FY 2023 FTA Certification and Assurances Overview 3.FY 2023 Certifications and Assurances Checklist Page 44 RESOLUTION 15-23 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2023 CERTIFICATIONS AND ASSURANCES AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR RECIPIENTS OF FTA FUNDING FOR PUBLIC TRANSPORTATION WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of receiving FY 2023 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 intergovernmental agreement 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 45 Certifications and Assurances Fiscal Year 2023 1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Text in italic is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). Page 46 Certifications and Assurances Fiscal Year 2023 2 f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 CFR Part 21; 2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25; 3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. 4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 CFR Part 27; 5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age; 6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; 10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 11) the requirements of any other nondiscrimination statute(s) which may apply to the application. g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. Page 47 Certifications and Assurances Fiscal Year 2023 3 h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. k) Will comply with environmental standards which may be prescribed pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; 2) Notification of violating facilities pursuant to EO 11738; 3) Protection of wetlands pursuant to EO 11990; 4) Evaluation of flood hazards in floodplains in accordance with EO 11988; 5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); 6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and 8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205). l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Page 48 Certifications and Assurances Fiscal Year 2023 4 animals held for research, teaching, or other activities supported by this award of assistance. p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: 1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; 2) Procuring a commercial sex act during the period of time that the award is in effect; or 3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget’s standard form 424D Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Page 49 Certifications and Assurances Fiscal Year 2023 5 1.3. Procurement. The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards; b) Federal laws, regulations, and requirements applicable to FTA procurements; and c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; Page 50 Certifications and Assurances Fiscal Year 2023 6 c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph b) of this certification; d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding. The applicant certifies: a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or b) The applicant certifies that the applicant has not furloughed any employees. 1.6. American Rescue Plan Act Funding. The applicant certifies: a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or b) The applicant certifies that the applicant has not furloughed any employees. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d). This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program 49 U.S.C. § 5307) funding. This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. Page 51 Certifications and Assurances Fiscal Year 2023 7 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system. If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives. If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that: a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and b) Each Small Public Transportation Provider within the State that opts to use a State- drafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. E, tit. VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Page 52 Certifications and Assurances Fiscal Year 2023 8 Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities. This certification is required by 49 CFR § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Page 53 Certifications and Assurances Fiscal Year 2023 9 contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 5.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference. Page 54 Certifications and Assurances Fiscal Year 2023 10 5.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15. a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: 1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. 2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows: 1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. 2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11. 3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). 4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a). The applicant certifies that it is in compliance with 49 CFR Part 625. Page 55 Certifications and Assurances Fiscal Year 2023 11 CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663. 7.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7. The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program 49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program 49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) 23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. 5307(c)(1). The applicant certifies that it: a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; b) Has or will have satisfactory continuing control over the use of equipment and facilities; Page 56 Certifications and Assurances Fiscal Year 2023 12 c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan; d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— 1) Senior; 2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and 3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. 5323 (general provisions) and 5325 (contract requirements); f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) cost sharing); h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 statewide and nonmetropolitan transportation planning); i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; j) Either— 1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. 5336; or 2) Has decided that the expenditure for security projects is not necessary; k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). Page 57 Certifications and Assurances Fiscal Year 2023 13 CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. 5311(c)(2)(D). a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— 1) Provides a fair distribution of amounts in the State, including Indian reservations; and 2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— 1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and 2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B). The applicant certifies that it: Page 58 Certifications and Assurances Fiscal Year 2023 14 a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and c)(3), respectively. If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas 49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively. Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9. If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d). The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan. Page 59 Certifications and Assurances Fiscal Year 2023 15 CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA’s State of Good Repair Grants Program 49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. 5323(u)(4). Note that this certification is not limited to the use of Federal funds. The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625. Page 60 Certifications and Assurances Fiscal Year 2023 16 If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1). CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o). Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference. CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program 49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”. Page 61 Certifications and Assurances Fiscal Year 2023 17 CATEGORY 17. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: a) Response time; b) Fares; c) Geographic area of service; d) Hours and days of service; e) Restrictions or priorities based on trip purpose; f) Availability of information and reservation capability; and g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. Page 62 Certifications and Assurances Fiscal Year 2023 18 CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT PROGRAMS). Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing. Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required. FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that: a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. d) With respect to its procurement system: 1) It will have a procurement system that complies with U.S. DOT regulations, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Attachment 2 Page 63 Certifications and Assurances Fiscal Year 2023 19 Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014, 2) It will have a procurement system that complies with U.S. DOT regulations, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR 18.36, for Awards made before December 26, 2014, or 3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. e) It will comply with the Certifications, Assurances, and Agreements in: 1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), 2) Category 06 (Transit Asset Management Plan), 3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), 4) Category 09 (Formula Grants for Rural Areas), 5) Category 15 (Alcohol and Controlled Substances Testing), and 6) Category 17 (Demand Responsive Service). CATEGORY 21. EMERGENCY RELIEF PROGRAM. An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program. The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application. Page 64 Certifications and Assurances Fiscal Year 2023 1 FEDERAL FISCAL YEAR 2023 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______. Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category Certification 01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 05 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Urbanized Area Formula Grants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs Page 65 Certifications and Assurances Fiscal Year 2023 2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good Repair Grants 14 Infrastructure Finance Programs 15 Alcohol and Controlled Substances Testing 16 Rail Safety Training and Oversight 17 Demand Responsive Service 18 Interest and Financing Costs 19 Cybersecurity Certification for Rail Rolling Stock and Operations 20 Tribal Transit Programs 21 Emergency Relief Program CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE AFFIRMATION OF APPLICANT Name of the Applicant: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FTA during the federal fiscal year. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute Page 66 Certifications and Assurances Fiscal Year 2023 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature ___________________________ _ Date: _______ _ Name ______________________________ Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For (Name of Applicant):-------------------------------­ As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affinn that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best ofmy knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FT A assisted A ward. Signature� Name Dan Kramer Date: 2/10/23 Attorney for Applicant Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney's signature within TrAMS, provided the Applicant has on file and uploaded to Tr AMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year. 3 Town of Estes Park Page 67 TOWN OF ESTES PARK ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 68 Certifications and Assurances :: Page 1 of 4 Overview Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards. Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read each Certification and Assurance and select those that will apply to any application for which you might seek federal assistance from FTA during the fiscal year listed. Please review the full list of Certifications and Assurances by before completing this form.clicking here DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of the files provided on this page, please contact .FTAWebAccessibility@dot.gov Certifications and Assurances FEDERAL CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature pages alternative to providing Certifications and Assurances in TrAMS) Agency: Estes Park, Town of Federal Fiscal Year: 2023 The Applicant agrees to comply with applicable provisions of Categories 01-21: (check this box and click Save to select all of the Categories listed below) All Applicable Provisions: The Applicant agrees to comply with applicable provisions of the Categories it has selected: (select all of the Categories that apply) Attachment 3 Page 69 Certifications and Assurances :: Page 2 of 4 CATEGORY 1. Certifications and Assurances Required of Every Applicant: CATEGORY 2. Public Transportation Agency Safety Plans: CATEGORY 3. Tax Liability and Felony Convictions: CATEGORY 4. Lobbying: CATEGORY 5. Private Sector Protections: CATEGORY 6. Transit Asset Management Plan: CATEGORY 7. Rolling Stock Buy America Reviews and Bus Testing: CATEGORY 8. Urbanized Area Formula Grants Program: CATEGORY 9. Formula Grants for Rural Areas: CATEGORY 10. Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program: CATEGORY 11. Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs: CATEGORY 12. Enhanced Mobility of Seniors and Individuals with Disabilities Programs: CATEGORY 13. State of Good Repair Grants: CATEGORY 14. Infrastructure Finance Programs: CATEGORY 15. Alcohol and Controlled Substances Testing: CATEGORY 16. Rail Safety Training and Oversight: Page 70 Certifications and Assurances :: Page 3 of 4 CATEGORY 17. Demand Responsive Service: CATEGORY 18. Interest and Financing Costs: CATEGORY 19. Cybersecurity Certification for Rail Rolling Stock and Operations: CATEGORY 20. Tribal Transit Programs: CATEGORY 21. Emergency Relief Program: Affirmation : BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2023, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. Authorized Representative: In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. True and Accurate Statement: Authorized Representative Name: Vanessa Solesbee, Mobility Services Manager Date Signed: Page 71 Certifications and Assurances :: Page 4 of 4 Page 72 RESOLUTION 16-23 SETTING THE PUBLIC HEARING FOR A NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR ASPEN & PINES LLC DBA SERENITEA’S TEA ROOM 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 BEER & WINE Liquor License, filed by ASPEN & PINES LLC DBA SERENITEA’S TEA ROOM, 207 Park Lane, Estes Park, Colorado, is February 10, 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, March 14, 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 3.15 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 73       Page 74 RESOLUTION 17-23 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR KARMA VIBES LLC DBA KARMA VIBES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by KARMA VIBES LLC DBA KARMA VIBES, 1110 Woodstock Drive, Estes Park, Colorado, is February 3, 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, March 14, 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 3.7 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 75       Page 76 PUPLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: February 28, 2023 RE: Resolution 18-23 Sunsetting the Parks Advisory Board and Continuing the Transportation Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff offer Resolution 18-23 to formally sunset the Parks Advisory Board (PAB) and extend the ongoing role of the Transportation Advisory Board (TAB). Present Situation: The PAB currently has three vacancies and has had two for well over a year. The committee’s workload has decreased significantly since it was decided that the Arts Master Plan will be handled by the Arts District. Additionally, the foundational roles of the PAB as set forth in the Bylaws are no longer performed. There are no plans to reengage the annual Mountain Festival, and educational programs within the school district are being handled by other organizations. Conversely, the TAB continues to maintain a full membership of engaged citizens who care passionately about the transportation matters in Estes Park. The TAB continues to deliberate monthly to provide well-reasoned and valuable advice to both Public Works staff and the Town Board on policies pertaining to multi-modal mobility, parking, and transit services, as well as design content on roadway and trail infrastructure projects. At the Town Board Study Session on January 10, 2023, staff presented sunset reviews for both the PAB and the TAB as required every five years per Town Board Governance Policy 102. Proposal: At the Study Session, the Town Board directed staff to draft a resolution to officially sunset PAB and extend the advisory role of the TAB. Page 77 Advantages: •Sunsetting the PAB will allow Public Works staff to redirect work hours on other priority tasks established by the Town Board in the Strategic Plan. •Continuation of the TAB provides a productive forum for citizen members to provide advice to staff and the Town Board on transportation matters that are impactful to the residents and visitors of Estes Park. Disadvantages: •Public Works staff will assume full oversight responsibility for managing all facets of the Art In Public Places policy that governs art donations to the Town. •The Town Board will no longer have a dedicated group of citizens responsible for advising the Town Board on the acceptance or denial of proposed art donations or acquisitions. Action Recommended: Public Works staff recommend approval of Resolution 18-23. Finance/Resource Impact: No financial impact identified. Level of Public Interest Low Sample Motion: I move for the approval/denial of Resolution 18-23. Attachments: 1. Resolution 18-23 Page 78 RESOLUTION 18-23 SUNSETTING THE PARKS ADVISORY BOARD AND CONTINUING THE TRANSPORTATION ADVISORY BOARD WHEREAS, Board Policy 102, Town Committees, section 4.w, sets a sunset review schedule for all non-statutorily required Town Committees; and WHEREAS, this sunset review is required every five years, and the Parks Advisory Board (PAB) and the Transportation Advisory Board (TAB) were reviewed, as required, at the Town Board Study Session on January 10, 2023; and WHEREAS, the Board of Trustees has determined PAB has fulfilled the purposes for which it was created and is no longer necessary for the efficient and effective operation of the Town of Estes Park; and WHEREAS, the Board has determined TAB should continue to meet and advise the Town Board and Public Works staff on the community transportation matters as set forth in the TAB Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Parks Advisory Board is hereby dissolved and its bylaws terminated. The role of the Transportation Advisory Board is hereby continued for five additional years or as otherwise determined by the Board of Trustees. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 79       Page 80 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 28, 2023 RE: Resolution 19-23 Liquor Licensing: New Hotel & Restaurant Liquor License Application for St. Vrain Property LLC dba Twin Owls Motor Lodge, 130 Stanley Avenue, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Hotel & Restaurant liquor license located at 130 Stanley Avenue, Estes Park, Colorado. Application filed by St. Vrain Property LLC dba Twin Owls Motor Lodge. Present Situation: An application for a new Hotel & Restaurant liquor license was received by the Town Clerk’s office on January 17, 2023. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement. Proposal: To present the application for the Liquor Licensing Authority review and consideration for a new Hotel & Restaurant liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the new Hotel & Restaurant Liquor License at 130 Stanley Avenue, Estes Park, Colorado, filed by St. Vrain Property LLC dba Twin Owls Motor Lodge. Page 81 Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 19-23. Attachments: 1.Procedure for Hearing 2. Resolution 19-23 3.Application 4.Individual History 5.Police Report Page 82 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of St. Vrain Property LLC dba Twin Owls Motor Lodge for a new Hotel & Restaurant Liquor License located at 130 Stanley Avenue, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed January 17, 2023.  At a meeting of the Board of Trustees on February 14, 2023, the public hearing was set for 7:00 p.m. on Tuesday, February 28, 2023.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.94 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned A – Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on February 17, 2023 . Attachment 1 Page 83 2  The premises was posted on February 17, 2023 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: I move that Resolution 19-23 be approved/denied for a new Hotel and Restaurant liquor license for the St. Vrain Property LLC dba the Twin Owls Motor Lodge at 130 Stanley Avenue, Estes Park, Colorado. Page 84 RESOLUTION 19-23 A RESOLUTION PERMITTING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR ST. VRAIN PROPERTY LLC DBA TWIN OWLS MOTOR LODGE WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on February 28, 2023 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; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by St. Vrain Property LLC dba Twin Owls Motor Lodge, 130 Stanley Avenue, Estes Park, Colorado be approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 Page 85 DR 8404 (07/01/22) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application I ] New License [x] New-Concurrent 0 Transfer of Ownership 0 .State Property Only □ Master file •All answers must be printed in black ink or typewritten •Applicant must check the appropriate box(es) •Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG. Co/orado.gov/Lig_uor 1. Applicant Is applying as a/an D Individual !Kl Limited Liability Company D Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2, Applicant If an LLC, name of LLC; If partnership, at least 2 partner's names; If corporation, name of corporation F--St. Vrain Property LLC 2a. Trade Name of Establishment (DBA) I SlllliiilNumber Business Telephone Twin Owls Motor Lodge I Casa Colina 970-586-44 71 3. Address of Premises (specify exact location of premises, Include suite/unit numbers)130 Stanley Ave City County State ZIP Code Estes Park Larimer co 80517 4.Malli1 Address (Number and Street) City or Town State ZIP Code 1 0 Stanley Ave Estes Park co 80517 5.Email Address kkiesllng@messner.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) NA I Present State License Number l Present Class of LicenseNA NA Present Expiration Date NA Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* D Application Fee for New License ............................................ $1,100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50 IBl Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment-L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1, 100.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00 Section B Liquor License Fees* D Manager Registration - H & R ................................................................ $30,00 D Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $30.00 D Manager Registration -Lodging & Entertainment.. .............................. $30.00 D Add Related Facility to Resort Complex$75,00 X Total D Manager Registration-Campus Liquor Complex ............................... $30,00 D Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (Clty) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00D Arts License (County) .......................................................................... $308. 75 D Racetrack License (Clty) ....................................................................... $500,00D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (Clty) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00D Campus Liquor Complex (County) ..................................................... $500,00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store Llcense--Addltlonal (County) ................................ $312.50D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (Clty) ....................................................................... $227.50IZl Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (Clty) .......................................................................... $500.00D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) ................................................................. , .. $500.00D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750,00 *Note that the Division will not accept cash Questions? Visit: SBG.Co/orado.gov/Liguorfor more information Do not write in this space • For Department of Revenue use only Liability Information License Account Number I Liablllty Date I License Issued Through (Expiration Date) Total $ Attachment 3 Page 86 Page 87 Page 88 DocuSlgn Envelope ID: B1F8E280-79A5-4O1C-8F22-ACDDDCF239O6 DR 8404 (07/01/22) Name I Type of l/_?J�se Account Number St. Vrain Property LLC 19.Liquor Licensed Drugstore (LLDS) applicants, answer the following:a. Is there a phannacy, licensed by the Colorado Board of Phannacy, located within the applicant's LLDS premise? □If "yes" a copy of license must be attached. 20, Club Liquor License ap plicants answer th e following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a nationa l, social, fraternal, patriotic, politica l or a thletic purpose D and not for pecuniary ga in? � b. Is the applicant organization a regularly chartered bra nch, lodg e or chapter of a national organization which □ 19is operated sol ely for the object of a patriotic or fratern al organization or society, but not for pecuniary gain? c.How long ha s the club been Incorporated?d. Has applicant occupied an establishment for three years (three years required) that was operated solely for □[2lthe reasons stated above? 21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants an swer the foliowlng:□ �a.Has the applicant receive d or applied for a Federal Permit? (Copy of permit or application must be attached) 22.Campus Liquor Complex applicants answer the following: �a.Is the applicant an institution of higher education?□b.Is the applicant a person who contracts with the Institution of high er education to provide fo od services?□�If "yes" please provide a copy of the contract with the Institution of higher education to provide food services. 23. For all on-premises applicants. a.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application-DR 8000 and fingerprints.Last Name of Manager I First Name of ManagerGray Andrew 24. Does this manager act as the manager of, or have a financial interest In, any other liquor licensed ;�uumg establishment in the Sta te of Colorado? If ves, provide name, type of license and account number. __ g 26.Related Facility -Campus Liquor Complex applicants answer the following:LLC a.Is the related facility located within the boundaries of the Campus Liquor Complex?If yes, pleas e provide a map of the geographical location within the Campus Liquor Complex. If no, this lic ense type Is not available for Issues outside the geographical location of the Campus Liquor Complex.b.Designated Manager for Related Facility-Campus Liquor Complex Last Name of Manager NA I First Name of Manager 26. Tax Information.a. Has the applicant, Includin g Its ma nager, partners, officer, directors, stockholders, members (LLC},managing members (LLC), or any oth er person with a 10% or greater financial Interest In th e applicant,been found in final order c:if a tax agency to be delinquent In the payment of any state or local taxes, penalties, or interest related to a business? b.Has the applicant, Including its manager, partners, officer, directors, stockholders, members (LLC},managing members (LLC}, or any other person with a 10% or greater financial Interest In the applican tfailed to pay any fees or surcharges Imposed pursuant to section 44-3-503, C,R.S.? Yes No � 0□� Yes No □� □� 27.If applicant Is a corporation, partnership, associ ation or limited liability company, applicant must list all Officer�, Directors, General Partners, and Managing Members. In additio n, applicant mu st list an y stockholders, partners,or members with ownership of 10% or more In the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record}, and make an appointment with an approved State Vendor through thei r website. Se e application ch ecklist, Section IV, for details. Name Home Address, City & State DOB Position %OwnedCastle Peak Holdings Saint Vraln LLC ••• 228 Park Avenue South Ste 35792 New York, NY NA Member 100% .��--Name Home Address, City & State DOB Position %Owned *** Sidney Weinberg 400 W 12th st Apt 4A NYNY 10014 -CEO 0% Name Home Address, City & State DOB Position %Owned ... Michael Weiss 54 Dlngletown Rd Greenwich CT 06830 CEO 0% Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned 4 Page 89 Page 90 130 Stanley Ave Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Attachment 4 Page 97 Page 98 Page 99 Page 100 Page 101 Attachment 5 Page 102 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 28, 2023 RE: Resolution 20-23 Liquor Licensing: New Lodging & Entertainment Liquor License Application for Big Thompson Property LLC dba Estes Village Inn, 1040 Big Thompson Avenue, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Lodging & Entertainment liquor license located at 1040 Big Thompson Avenue, Estes Park, Colorado. Application filed by Big Thompson Property LLC dba Estes Village Inn. Present Situation: An application for a new Lodging & Entertainment liquor license was received by the Town Clerk’s office on January 20, 2023. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement. Proposal: To present the application for the Liquor Licensing Authority review and consideration for a new Lodging & Entertainment liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Page 103 Approval of the new Lodging & Entertainment Liquor License at 1040 Big Thompson Avenue, Estes Park, Colorado, filed by Big Thompson Property LLC dba Estes Village Inn. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Lodging & Entertainment Liquor license is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Lodging & Entertainment Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 20-23. Attachments: 1. Procedure for Hearing 2. Resolution 20-23 3. Application 4. Individual History 5. Police Report Page 104 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Big Thompson Property LLC dba Estes Village Inn for a new Lodging & Entertainment Liquor License located at 1040 Big Thompson Avenue, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed January 20, 2023.  At a meeting of the Board of Trustees on February 14, 2023, the public hearing was set for 7:00 p.m. on Tuesday, February 28, 2023.  The neighborhood boundaries for the purpose of this application and hearing were established to be 4.07 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned A – Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on February 17, 2023 . Attachment 1 Page 105 2  The premises was posted on February 17, 2023 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: I move that Resolution 20-23 be approved/denied for a new Lodging & Entertainment liquor license for the Big Thompson Property LLC dba the Estes Village Inn at 1040 Big Thompson Avenue, Estes Park, Colorado. Page 106 RESOLUTION 20-23 A RESOLUTION PERMITTING A NEW LODGING & ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR BIG THOMPSON PROPERTY LLC DBA ESTES VILLAGE INN WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on February 28, 2023 for a New Lodging & Entertainment Liquor License, filed by Big Thompson Property LLC dba Estes Village Inn, 1040 Big Thompson Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Lodging & Entertainment Liquor License, filed by Big Thompson Property LLC dba Estes Village Inn, 1040 Big Thompson Avenue, Estes Park, Colorado, Estes Park, Colorado be approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 Page 107 Attachment 3 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Attachment 4 Page 118 Page 119 Page 120 Page 121 Page 122 Attachment 5 Page 123       Page 124 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 21-23, SPECIAL REVIEW, “CULTURAL INSTITUTION” 415 WEST WONDERVIEW AVENUE, HISTORIC STANLEY HOME FOUNDATION, OWNER/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 125 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 126 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 28, 2023 RE: Resolution 21-23, Special Review, “Cultural Institution” 415 West Wonderview Avenue, Historic Stanley Home Foundation, Owner/Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a Public Hearing and consider an application for an Amended Special Review application for a “Cultural Institution” use (Stanley Home Museum and Education Center) in an E-1 (Estate) Zoning District. Present Situation: The 4.44-acre property is located at 415 West Wonderview Avenue, west of the intersection of Wonderview Avenue (Highway 34) and Big Horn Drive. The Historic Stanley Home Foundation was established as a 501(c)(3) nonprofit to purchase the Stanley Home, originally constructed in 1904 as the residence of F.O. and Flora Stanley. The Foundation’s mission is to renovate and preserve the Stanley Home in order to operate it as a cultural center and museum for local history education. “Cultural Institution” is a use allowed in the E-1 (Estate) Zoning District as an S2 Special Review use. The S2 procedure requires a review and recommendation by the Estes Park Planning Commission (EPPC), and a final decision from the Town Board of Trustees. The Special Review for the Cultural Institution (Stanley Home Museum and Education Center) was approved by the Town Board on August 28, 2018 with the following conditions of approval: 1. The maximum group size for tours shall be 12 persons in any given group. No more than one group tour shall be on the property at any time, except occasional brief and incidental overlap at the beginning and end of a tour. Mem COMMUNITY DEVELOPMENT Page 127 2. Operating hours shall be limited to 5.5 days per week with the exception of operations on holidays that may fall on a Monday, e.g., Labor Day. a. Monday – Closed (unless on a holiday) b. Tuesday-Saturday – 9:30 a.m. to 4:45 p.m. c. Sunday – 12:30 p.m. to 4:45 p.m. 3. Special events hosted by museum may not extend past 8:00 pm, shall be limited to 50 people, shall not to be held outdoors, and a maximum of 2 special events per month shall be enforced. 4. Use of the property for private facility events, including weddings, shall not be permitted. 5. A conservation easement on the parcel numbered 3524300025 shall be initiated within one year of closing by the Historic Stanley Home Foundation. 6. Additional landscaping shall add one (1) tree for every 35 feet concentrated along the adjacent eastern driveway, installed and maintained per EVDC Chapter 7-Landscaping Requirements. 7. Original fencing shall receive routine maintenance. 8. On-site food preparation shall not be permitted. 9. The eastern driveway shall be removed and reclaimed and shall not be used for property access. During time of re-seeding of pavement/road base, a blockade shall be placed at the entrance from Wonderview Avenue to prevent access. 10. Shuttle service shall be required May 1 – October 31. 11. Onsite parking shall be limited to 11 parking spaces for ADA parking and employee parking from May 1-October 31. 12. Dark Sky compliant lighting shall be required. 13. An initial annual review shall be given to the Planning Commission after one year of operation. Subsequent reviews may be at the request of the Estes Valley Planning Commission. As required under Condition of Approval No. 13, an annual review was presented to the EPPC on April 19, 2022. The applicant demonstrated compliance with the Special Review conditions of approval at that time. Condition of Approval No. 5. requires a conservation easement to be initiated. The applicant did initiate the process, but the local conservation-holding entity (Estes Valley Land Trust) found the property did not meet their requirements. Staff has documentation of this on file. Proposal: The applicant is requesting amendments to the approved Special Review, with some revisions to the conditions of approval as explained in detail below. There are amendments proposed to five of the thirteen conditions of approval. A general overview and scope of the amendments is described below. The conditions of approval, including the revisions, are included in the Resolution (Attachment 1). Staff notes the applicant’s “Application for Amendments” provides greater detail and the rationale for each, beginning on Page four of Attachment 4. Page 128 Condition No. 1: The applicant proposes allowing two tour groups of up to 12 people (the maximum currently allowed) to be on the property at the same time, but with more overlap than what is currently allowed. Currently only “brief and incidental overlap” is allowed. The applicant notes 99% of tours have six or fewer people. Condition No. 2: Currently, Sunday hours are 12:30 p.m. to 4:45 p.m. The applicant proposes amending the Sunday hours to 9:45 a.m. to 4:45 p.m. Mondays are closed under current Condition #2, unless it is a holiday. The applicant proposes expanding this to Mondays that are a holiday, or if a Special Event is scheduled. Condition No. 3: Special events are a key component of the Stanley Home operation. Currently there is a limit of two special events per month. The applicant proposes expanding this to four per month, with eight allowed during the month of December. Outdoor special events are also proposed, up to one per month with a limit of four during a calendar year, and any outdoor event would count towards the allowable monthly totals. Condition No. 10: Currently, tour attendees must use a shuttle to visit the Stanley Home, from May 1 to October 31. The applicant proposes allowing attendees to park on-site year-round. There are eleven existing parking spaces, with five additional spaces proposed. Shuttle service would continue to be used for Special Events. Condition No. 11: The eleven existing parking spaces are designated for employee parking, in addition to one ADA Handicap space, from May 1 to October 31. The applicant proposes allowing these, as well as the five proposed spaces, to be used by tour attendees year-round. Condition No. 14: A new condition was added to request a written review of the Stanley Home Museum and Educational Center “Cultural Institution” use to be delivered to the Community Development Department by January 31, 2024. Review Procedures for Approval Procedures for approval of Special Review uses are found in the EPDC Section 3.5, which “…offer an opportunity for the Town Board to allow the use when there are manageable impacts, to allow the use but impose mitigation measure to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved. Approval of a Special Review use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific site. Approval is subject to such modifications, conditions, and restrictions as may be deemed appropriate by the decision-making body. The Applicant’s Cultural Institution use was conditionally approved in August 2018, and found to be in compliance in April 2022. The change in the operation as proposed may change the manageable impacts slightly. Staff recommends revising the 13th Condition of Approval to require the Applicant to submit an annual review to the Planning Commission in February 2024. This is similar to the original Condition No. 13 which was fulfilled in April 2022. Page 129 Section 3.5 of the EPDC requires a Special Review application to include “…a narrative that describes how the proposed use fulfills the applicable requirements and standards for the use. The EPDC specifies various aspects of the proposed use to be included in the narrative “as applicable.” The applicant has submitted a detailed narrative describing the amendments and proposed changes in the operation (see attached “Application for Amendments”). Staff’s analysis of the narrative is as follows: Traffic Generation Traffic generation and traffic flow was a key consideration in the initial Special Review and shuttles were required. Privacy fences have been constructed to screen the Stanley Home access and parking area from adjacent residences (see Attachment #5, Amended Site Plan). The applicant has analyzed traffic and attendees over the last 16 months of operation, noting the required online ticket orders show the majority of tours involve multiple tickets per order which usually involves multiple occupants in each vehicle. The applicant has estimated traffic generation on site and onto Wonderview Avenue using CDOT Traffic Count Stations on Wonderview Avenue. The applicant provides detailed analysis of the traffic generation. See “Application for Amendments” beginning on page 7. The applicant has found the trips generated would not significantly increase overall traffic on Wonderview Avenue. Access, Parking Access remains as originally approved, with the driveway area on the southeastern part of the property no longer being used. Parking areas are not in close proximity to adjacent residences, and new proposed parking areas are screened with privacy fencing. Hours of operation, including when certain activities are to occur The applicant proposes a slight increase in the hours of operation, as well as an increase in the number and scope of Special Events. The applicant has been sensitive to impacts to neighboring properties, and will continue to ensure traffic, noise, etc. are minimized. Staff is recommending a condition of approval where an annual review will be required in February, 2024, to provide the EPPC the opportunity to evaluate the impacts of the operational changes proposed. Noise As mentioned above, the applicant has been sensitive to minimizing noise and other impacts to adjacent residential properties. The outdoor special events would be restricted to a small area of the property, closely monitored and there would be no audio amplification permitted. Planning Commission Recommendation The Estes Park Planning Commission recommended approval of the Amended Special Review, with the following findings and condition of approval: Findings 1. Based on the EPDC’s review procedures and applicable standards for this Amended S2 Special Review use, staff finds impacts will be minimal and therefore the use is allowable as proposed. 2. Adequate public facilities are available to serve the proposed project. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Page 130 Condition of Approval The applicant shall provide the Town of Estes Park Community Development Department a written review of the Stanley Home Museum and Education Center “Cultural Institution” use. This review shall address the overall status and the impacts from the revisions approved in this Amended Special Review. This shall be provided to the Community Development Department no later than January 31, 2024, and staff will submit it to the Estes Park Planning Commission at their regular February 2024 meeting. Advantage: The amendments to the Special Review will provide more flexibility for the museum operation, with minimal additional impact. Disadvantage: There may be a slight increase in traffic accessing the Stanley Home Museum property from Wonderview Avenue. Action Recommended: Staff recommends approval of Resolution 21-23. Budget: None. Level of Public Interest: Medium. Staff provided public notice of the application in accordance with EPDC public noticing requirements. The applicant held three neighborhood community meetings in advance of the application submission. Adjacent property owners have been involved in discussions and neighborhood meetings over the last several months. Concerns and issues raised in the discussions and meetings have been addressed by the applicant in the amendment. Written comments will be posted to www.estes.org/currentapplications if received after finalization of this staff memo. Sample Motions: 1.I move to approve Resolution 21-23. 2.I move to deny the Special Review Amendment application finding that … [state findings for denial]. 3.I move to continue Resolution 21-23 to the next regularly scheduled meeting. Attachments: 1.Resolution 21-23 2.Zoning and Vicinity Map 3.Application 4.Applicant’s Amendment Narrative 5. Amended Site Plan Page 131 RESOLUTION 21-23 APPROVING AMENDMENTS TO CONDITIONS OF APPROVAL FOR A CULTURAL INSTITUTION USE BY SPECIAL REVIEW AT 415 WEST WONDERVIEW AVENUE WHEREAS, an application for an amendment to an approved use by S2 special review for a Cultural Institution (Stanley Home Museum and Education Center) was filed by the Historic Stanley Home Foundation (applicant); and WHEREAS, the subject property is addressed as 415 West Wonderview Avenue; and WHEREAS, the subject property is located within an E-1 (Estate) Zoning District; and WHEREAS, the Special Review was approved by the Town Board of Trustees on August 28, 2018 with the following conditions of approval: 1.The maximum group size for tours shall be 12 persons in any given group. No more than one group tour shall be on the property at any time, except occasional brief and incidental overlap at the beginning and end of a tour. 2.Operating hours shall be limited to 5.5 days per week with the exception of operations on holidays that may fall on a Monday, e.g. Labor Day. a. Monday – Closed (unless on a holiday) b. Tuesday-Saturday – 9:30 a.m. to 4:45 p.m. c.Sunday – 12:30 p.m. to 4:45 p.m. 3.Special events hosted by museum may not extend past 8:00 pm, shall be limited to 50 people, shall not to be held outdoors, and a maximum of 2 special events per month shall be enforced. 4.Use of the property for private facility events, including weddings, shall not be permitted. 5.A conservation easement on parcels numbered 3524300025 shall be initiated within one year of closing by the Historic Stanley Home Foundation. 6.Additional landscaping shall add 1 tree for every 35 feet concentrated along the adjacent eastern driveway, installed and maintained per EVDC Chapter 7- Landscaping Requirements. 7.Original fencing shall receive routine maintenance. 8.On-site food preparation shall not be permitted. 9.The eastern driveway shall be removed and reclaimed and shall not be used for property access. During time of re-seeding of pavement/road base, a blockade shall be placed at the entrance from Wonderview Avenue to prevent access. 10. Shuttle service shall be required May 1 – October 31. 11. Onsite parking shall be limited to 11 parking spaces for ADA parking and employee parking from May 1-October 31. 12. Dark Sky Compliant Lighting shall be required. 13. An initial annual review shall be given to the Planning Commission after one year of operation. Subsequent reviews may be at the request of the Estes Valley Planning Commission. WHEREAS, the applicant requests amending five of the thirteen conditions of approval (Nos. 1, 2, 3, 10 and 11) and requests adding a new condition (No. 14); and WHEREAS, a public meeting was held before the Estes Park Planning Commission on January 17, 2023, at the conclusion of which the Planning Commission voted to recommend approval of the amended conditions of approval with the following findings and condition of approval: Findings 1. Based on the EPDC’s review procedures and applicable standards for this Amended S2 Special Review use, staff finds impacts will be minimal and therefore the use is allowable as proposed. Attachment 1 Page 132 2. Adequate public facilities are available to serve the proposed project. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Condition of Approval The applicant shall provide the Town of Estes Park Community Development Department a written review of the Stanley Home Museum and Education Center “Cultural Institution” use. This review shall address the overall status and the impacts from the revisions approved in this Amended Special Review. This shall be provided to the Community Development Department no later than January 31, 2024, and staff will submit it to the Estes Park Planning Commission at their regular February 2024 meeting. WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on February 28, 2023 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the Amended Special Review use would meet all applicable and procedures, standards, and criteria as required within the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The 2018 approval of the S2 Special Review Use for a Cultural Institution at 415 West Wonderview Avenue is hereby amended, with the following Amended Conditions of Approval replacing the original Conditions of Approval: 1. The maximum group size for tours shall be 12 persons in any given group. One group tour shall be completed prior to another group tour beginning. However, there may be incidental overlap of groups on the property for gift shop visitation and the like. 2. Operating hours shall be limited to the following schedule: a. Monday – Closed (unless on a holiday or if a Special Event is scheduled) b. Tuesday-Saturday – 9:30 a.m. to 4:45 p.m. c. Sunday – 9:30 a.m. to 4:45 p.m. 3. Special events hosted by the museum may not extend past 8:00 pm, and shall be limited to 50 people. A maximum of four (4) special events per month is allowed during the months of January through November. A maximum of eight (8) special events are allowed in December. One (1) outdoor special event per month is allowed, with a maximum of four (4) special events per calendar year. Any outdoor special event is applied to the monthly maximum allowable. The location of outdoor special events shall be limited to the upper driveway in front of the Stanley Home Museum and in front of the garage. No audio amplification is allowed. 4. Use of the property for private facility events, including weddings, shall not be permitted. 5. A conservation easement on parcels numbered 3524300025 shall be initiated within one year of closing by the Historic Stanley Home Foundation. 6. Additional landscaping shall add 1 tree for every 35 feet concentrated along the adjacent eastern driveway, installed and maintained per EVDC Chapter 7- Landscaping Requirements. 7. Original fencing shall receive routine maintenance. 8. On-site food preparation shall not be permitted. 9. The eastern driveway shall be removed and reclaimed and shall not be used for property access. During time of re-seeding of pavement/road base, a blockade shall be placed at the entrance from Wonderview Avenue to prevent access. 10. Tour guests may park in designated on-site parking, limited to parking areas designated on the approved Special Review Development Plan. Special Event attendees shall use shuttle service and shall not park on-site. 11. Onsite parking shall be limited to the 16 parking spaces as designated on the approved Special Review Development Plan. 12. Dark Sky Compliant Lighting shall be required. Page 133 13. An initial annual review shall be given to the Planning Commission after one year of operation. Subsequent reviews may be at the request of the Estes Park Planning Commission. 14. The applicant shall provide the Town of Estes Park Community Development Department a written review of the Stanley Home Museum and Education Center “Cultural Institution” use. This review shall address the overall status and the impacts from the revisions approved in this Amended Special Review. This shall be provided to the Community Development Department no later than January 31, 2024, and staff will submit it to the Estes Park Planning Commission at their regular February 2024 meeting. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 134 Stanley Home MuseumSite Location, Zoned E-1 Unincorporated CO E-1 E-1 E-1 RM RM RM RMRM SUNNYACRESCT W WONDERVIEW AVE SUN N Y L N FAR V I E W D R CHAPINLN MARIGOLD L N P R IVATE DR VIRGINIA DR BIG H ORN DR S W E ETSAGELN FAR VIEW LN BIGBOULDERDR PRIVATE D R PRI VA T E D R 0 50 100Feet±Vicinity, Zoning Attachment 2 Page 135 Revised 20 Condominium Map Preliminary Map Final Map Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None Town Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) Please review the Estes Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Other: Please specify Project Name Supplemental Map ESTES APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org Historic Stanley Home Amend Approved siteplan to allow (5) additional parking stalls 415 West Wonderview Ave Metes and Bounds 3524300925 4± acres N/A Museum Museum E-1 E-1 Jes Reetz 1692 Big Thompson Ave, Suite 200, Estes Park, CO 80517 Wonderview Ave. 9/12/2022 Attachment 3 Page 136 1 Application for Amendments To the Special Review Use (S2) Application for The Stanley Home Museum and Education Center Approved August 28, 2018 Table of Contents Pg Sec Content 1 1.Executive Summary 3 2.The Mission of Stanley Home Museum and Education Center 3 3.Brief History: Stanley Home Museum and Education Center 3 4.Definitions: Stanley Home Museum and Education Center Tours and Special Event 4 5.Stanley Home Museum and Education Center - Operating Conditions & Amendment Requests 6 6.Stanley Home Museum and Education Center - Attendance Analysis 8 7.Stanley Home Museum and Education Center - Traffic Impact Discussion 10 8.Stanley Home Museum and Education Center - Neighbor Meetings Summary 12 9.Stanley Home Museum and Education Center - Additional Fencing Description 13 10.Summary 14 11.List of Attachments 1.Executive Summary 1.1. Brief History of Stanley Home Museum and Education Center: 1.1.1. The Special Review Use approved on August 28, 2018, by the Board of Trustees of the Town of Estes Park (Please see Attachment 01- “Special Review Approval Letter 2018 09Sep 10”) approved “the operation of a historic house museum for local history education of which may provide guided tours and a gift shop on a parcel zoned E-1 (Estate). 1.1.2. The original application was filed by the Historic Stanley Home Foundation for the property addressed 415 W. Wonderview Avenue in Estes Park. The property is now owned by the Historic Stanley Home Foundation and named “The Stanley Home Museum and Education Center.” 1.2. Application for Amendments to the Special Review Application approved in 2018 1.2.1. As a result of 1.2.1.1. Three public meetings with our neighbors (Please see Section 08 - Stanley Home Museum and Education Center - Neighbor Meetings Summary), and 1.2.1.2. Based on what we have learned from 16 months of Museum operations, and 1.2.1.3. To further enable us to support the Town of Estes Park’s Strategic Goal of “providing an exceptional guest experience by providing high-quality events that attract guests to the Town,” 1.2.1.4. The Historic Stanley Home Foundation is requesting amendments to five of the thirteen operation conditions approved by the Town Board of Trustees. 1.2.2. Summary of requested amendments (Please see details in Section 5 - The Stanley Home Museum and Education Center - Operating Conditions an Amendment Requests): Attachment 4 Page 137 2 1.2.2.1. Allow Year-round On-Site Parking for Tour Guests. Allow guests attending tours to park in on-site parking year-round, not just Nov 1 to April 30. Our analysis of 16 months of tour attendance data and ticket orders demonstrates that we have enough on-site parking for tour guests with the current 10 spaces plus one Americans with Disabilities Act (ADA) space. Based on our on-site parking experience for tours from Nov 1 to April 30, guests find parking on-site considerably more convenient than using the guest shuttle service for transportation to and from the Visitors’ Center. If approved, this amendment would also remove any tour-related guest shuttle service transit noise and dust for our neighbors to the East. It would also eliminate any tour-related guest shuttle service contribution to vehicle congestion at the Visitor’s Center and downtown intersections, and also eliminate the significant challenge of finding tour-related shuttle service drivers and funding shuttle service fuel. 1.2.2.2. Allow five (5) additional parallel parking stalls on the Museum’s upper driveway (Please see Attachment 02 – “Stanley Home Amendment Statement of Intent – Add 5 parking stalls,” and Attachment 03 “Stanley Home Amendment to Development Plan”). If approved, this amendment would add five additional on-site parallel parking stalls on the upper driveway and would further guarantee that we have more than enough on-site parking stalls for tour guests and museum staff. 1.2.2.3. Require Guest Shuttle Service for Special Events, but do not require Guest Shuttle Service for Tours. If this amendment is approved, because there is sufficient on-site parking for tour guests, guest shuttle service for tour guests would not be needed year-round. Guest shuttle service would still be used for Special Events and would help regulate the number of guests on site. (Please see Section 4. – Definitions: Stanley Home Museum and Education Center Tours and Special Events). 1.2.2.4. Allow the possibility of additional Special Events: If allowed, this amendment would permit the possibility of an increase from up to two (2) Special Events per month to up to four (4) Special Events per month. If approved, this amendment would also allow up to eight (8) Special Events per month in the month of December when Yuletide Open houses are offered. If approved, this amendment would also allow up to four (4) Outdoor Special Events per year limited to the area in front of the Museum and garage. Outdoor Special Events would be limited to one per month, and an Outdoor Special Event would count as one of the four Special Events allowed per month. These increases in Special Events would help us accommodate diverse interests in the Museum and help make the Museum financially sustainable. Examples of Special Events are class visits from schools, special interest groups, local organization Veranda gatherings, Yuletide Open Houses, Vino on the Veranda, Scott Fest VIP Reception on the Veranda, etc. 1.2.2.5. On Sundays, in place of opening from 12:30 pm to 4:45 pm, allow the museum to open at 9:30 am as is allowed on Tuesday – Saturday. Sundays are often a high visitation day for Estes Park, and this will increase visitation opportunities. Page 138 3 2. The Mission of The Stanley Home Museum and Education Center: 2.1. “The Stanley Home Museum & Education Center strives to educate and inspire diverse audiences by developing a deeper understanding of F.O. and Flora Stanley’s experiences, character, and leadership through the interpretation and preservation of the history, context, and culture of the historic Stanley home.” 2.2. The Stanley Home Museum and Education Center is supported by The Historic Stanley Home Foundation, a 501(c)(3) nonprofit with the mission “to purchase, renovate, preserve, and operate Rockside, the F.O. Stanley home as a cultural center for local history education. The home will be an enduring reminder of the evolution and development of Estes Park and Rocky Mountain National Park.” 3. Brief History of The Historic Stanley Home Foundation and the Stanley Home Museum and Education Center: 3.1. The Historic Stanley Home Foundation was formed in the fall of 2016 and was able to raise over $1.3 million to purchase the Historic Stanley Home in February 2020. At that time, over 500 individuals had added their names to the “First 500” list of those in Estes Park who “believe that preserving Mr. and Mrs. Stanley's 1904 home as a cultural center for local history education will forever save a remarkable local treasure.” In 2020, the Historic Stanley Home was placed on the Colorado Register of Historic Places, and also received a grant from History Colorado for structural assessment in preparation for historic preservation projects. The Stanley Home Museum & Education Center opened in May 2021. 4. Definitions: Stanley Home Museum and Education Center Tours and Special Events 4.1. The Stanley Home Museum and Education Center will have two types of events: 4.1.1. Tours: 4.1.1.1. The primary visit focus is a tour lasting generally one hour 4.1.1.2. The number of guests on a tour is 12 or fewer 4.1.2. Special Events: 4.1.2.1. The primary visit focus is not a tour, but the Special Event may include tours 4.1.2.2. The number of guests present on-site at any one time is up to 50 4.1.2.3. Special Events are hosted by the Museum and Museum staff are present 4.1.2.4. An Outdoor Special Event is one type of Special Event 4.1.2.5. Examples of Special Events are class visits from schools, special interest groups, local organization Veranda gatherings, Yuletide Open Houses, Vino on the Veranda, Longs Peak Scottish-Irish Highland Festival VIP Reception on the Veranda, etc. 4.2. The Stanley Home Museum and Education Center will not have private facility events 4.2.1. A private facility event is an event not hosted by the Museum, and a member of the Museum staff would not be present at a private facility event. 4.2.2. Weddings are a type of private facility event, and the Stanley Home Museum and Education Center will not have weddings. Page 139 4 5. Stanley Home Museum and Education Center: Operating Conditions & Amendment Requests 5.1. Condition 1 5.1.1. Condition 1 states: “The maximum group size for tours shall be 12 persons in any given group. No more than one group tour shall be on the property at any time, except occasional brief and incidental overlap at the beginning and end of a tour.” 5.1.2. We are requesting that two tour groups of up to 12 people be allowed to be on the property at the same time for some period of time. For example, as one tour group arrives and the departing tour group visits the Gift Ship, the two groups may overlap for some minutes until the departing group leaves the site. As described in Section 06 - Stanley Home Museum and Education Center - Attendance Analysis, to optimize our guests’ tour experience, we generally limit tours to a maximum of 8 people by on-line ticket reservation constraints. Assessing the last 16 months of actual tour attendance at the Stanley Home Museum and Education Center, 99% of tours had 6 or fewer people, and 80% of tours had 3 or fewer people. The actual expected number of people on the property at any one time with two groups overlapping is certainly 16 or fewer, and more likely 6 to 12 people or fewer. 5.2. Condition 2 5.2.1. Condition 2 states: “Operating hours shall be limited to 5.5 days per week with the exception of operations on holidays that may fall on a Monday, e.g. Labor Day. a) Monday – Closed (unless on a holiday). b) Tuesday-Saturday – 9:30 a.m. to 4:45 p.m. c) Sunday – 12:30 p.m. to 4:45 p.m.” 5.2.2. We are requesting that we be allowed to be open on Sunday from 9:30 am to 4:45 pm in place of 12:30 pm to 4:45 pm. Sundays are often a high visitation day for Estes Park. We are also requesting to be closed Monday unless Monday is a holiday or if there is a Special Event scheduled on Monday. 5.3. Condition 3 5.3.1. Condition 3 states: “Special events hosted by museum may not extend past 8:00 pm, shall be limited to 50 people, shall not to be held outdoors, and a maximum of 2 special events per month shall be enforced.” 5.3.2. We are requesting: 5.3.2.1. Up to four (4) Special Events per month in place of the current two (2) per month. 5.3.2.2. Up to eight (8) Special Events allowed in the month of December when we have Yuletide Open Houses. 5.3.2.3. One Outdoor Special Event per month, with a limit of four (4) Outdoor Special Events per year. An Outdoor Special Event would count as one of the four Special Events allowed per month. Outdoor Special Events would be held outdoors in the area on the upper driveway from in front of the Stanley Museum to in front of the garage, and no audio amplification for Outdoor Special Events would be permitted. (Please see Attachment 04 – “Proposed Outdoor Special Event Location”). 5.3.2.4. These increases in Special Events would help us accommodate diverse interests in the Museum and help make the Museum financially sustainable. Page 140 5 5.3.2.5. Examples of Special Events are class visits from schools, special interest groups, local organization Veranda gatherings, Yuletide Open Houses, Vino on the Veranda, Scott Fest VIP Reception on the Veranda, etc. 5.4. Condition 4 5.4.1. Condition 4 states: “Use of the property for private facility events, including weddings, shall not be permitted.” 5.4.2. No changes requested. 5.5. Condition 5 5.5.1. Condition 5 states: “A conservation easement on parcels numbered 3524300025 shall be initiated within one year of closing by the Historic Stanley Home Foundation.” 5.5.2. No changes requested. This condition was met. (Please see Attachment 05 – “Historic Stanley Home Foundation Letter re Conservation Easement” and Attachment 06 – “Email from Randy Hunt to Peggy Lynch re Stanley Home Conservation Easement). 5.6. Condition 6 5.6.1. Condition 6 states: “Additional landscaping shall add 1 tree for every 35 feet concentrated along the adjacent eastern driveway, installed and maintained per EVDC Chapter 7- Landscaping Requirements.” 5.6.2. No changes requested. This condition was met. (Please see Attachment 07 – “Emails from Jeff Woeber re Compliance with all Special Review Conditions”). 5.7. Condition 7 5.7.1. Condition 7 states: “Original fencing shall receive routine maintenance.” 5.7.2. No changes requested. This condition was met. (Please see Attachment 07 – “Emails from Jeff Woeber re Compliance with all Special Review Conditions”). 5.8. Condition 8 5.8.1. Condition 8 states: “On-site food preparation shall not be permitted.” 5.8.2. No changes requested. This condition was met. 5.9. Condition 9 5.9.1. Condition 9 states: “The eastern driveway shall be removed and reclaimed and shall not be used for property access. During time of re-seeding of pavement/road base, a blockade shall be placed at the entrance from Wonderview Avenue to prevent access.” 5.9.2. No changes requested. This condition was met. (Please see Attachment 07 – “Emails from Jeff Woeber re Compliance with all Special Review Conditions”). 5.10. Condition 10 5.10.1. Condition 10 states: “Shuttle service shall be required May 1 – October 31.” 5.10.2. We are requesting that tour attendees be allowed to park on-site year-round using the 11 on-site parking stalls (one of the 11 spaces is an ADA parking space) and the five additional parallel parking stalls on the upper driveway we are requesting (see Condition Page 141 6 11 below). (Please see Attachment 03 “Stanley Home Amendment to Development Plan”). Assessing the last 16 months of actual tour data demonstrates that we have sufficient parking on-site for tours (Please see Section 06 “Stanley Home Museum and Education Center – Attendance Analysis”). 5.10.3. Shuttle service will still be used for Special Events 5.10.4. If this amendment is approved, using on-site parking year-round will be more convenient for tour guests, will eliminate tour shuttle service-related noise and dust for our neighbors on the East side of the Museum property and reduce traffic congestion to and from the Visitor’s Center and within the Visitor’s Center during tour periods. It would also eliminate two major operational challenges for the museum: finding drivers for the shuttle service and funding shuttle service fuel. 5.11. Condition 11 5.11.1. Condition 11 states: “Onsite parking shall be limited to 11 parking stalls for ADA parking and employee parking from May 1-October 31.” 5.11.2. We are requesting that tour attendees be allowed to park on-site all year using the 11 on- site parking stalls (one of the 11 spaces in an ADA parking space) and the five additional parallel parking stalls on the upper driveway we are requesting. Looking at 16 months of actual tour data provides confidence that we have sufficient parking on-site for tours (Please see Section 06 “Stanley Home Museum and Education Center – Attendance Analysis”). 5.11.3. Using on-site parking will reduce the vast majority of any tour-related shuttle service noise and dust for our neighbors on the East side of the Museum property and reduce congestion to and from the Visitor’s Center and within the Visitor’s Center during tour periods. It will also eliminate two major operational challenges for the museum: finding drivers for the shuttle service and funding shuttle service fuel. 5.12. Condition 12 5.12.1. Condition 12 states: “Dark Sky Compliant Lighting shall be required.” 5.12.2. No changes requested. This condition was met. 5.13. Condition 13 5.13.1. Condition 13 states: “An initial annual review shall be given to the Planning Commission after one year of operation. Subsequent reviews may be at the request of the Estes Valley Planning Commission.” 5.13.2. No changes requested. This condition was met. Please see Attachment 08 – “Stanley Museum Year One Report to Planning Commission 2022 04Apr 13” with attachments 08A through 08F.) 6. Stanley Home Museum and Education Center - Attendance Analysis 6.1. Tour attendance data from the first 16 months of Stanley Home Museum and Education Center were analyzed with the following conclusions: 6.1.1. The number of people attending each tour is limited to eight (8) attendees to optimize visitor experience. The eight-attendee limit optimizes our tour guests’ museum Page 142 7 experience and is accomplished by constraints entered in our on-line ticketing software. However, the actual number of people on tours is generally considerably less than eight (Please see below Table 1. “Stanley Home Museum Tours – Count Number of Attendees Per Tour”). 6.1.2. 99% of tours have 6 or fewer attendees, 80% have 3 or fewer attendees, and 67% of tours have 2 or fewer attendees. The one tour that appears to have 13 attendees was a Special Event group in February 2022 that was broken into 2 separate tours. 6.1.3. It is our impression that, during the Nov 1 to April 30 period when tour attendees were able to park on-site, while some tour attendees arrived as solo attendees (perhaps 11% based on Table 1 above), it is more common for two (2) or more attendees to arrive in a single car. 6.1.4. To assess how many cars were likely to arrive for any given tour, we looked at how many ticket orders were associated with tours over the last 16 months of operations. When someone enters the Stanley Home Museum and Education Center on-line ticket application, when they start a ticket order, they can put up to eight (8) tickets on a ticket order (assuming eight places are available at that tour time). It is our assumption that all individuals with tickets on a single ticket order are very likely to arrive for the tour together in one car. 6.1.5. In Table 2. “Stanley Home Museum Tours – Count Number of Ticket Orders Per Tour,” 56% of tours had one ticket order for all attendees, 86% had 2 or fewer ticket orders, and 99% of tours had 4 or fewer ticket orders. These data support our impression that a maximum of 4 cars are likely to arrive for any tour of the Stanley Home Museum and Education Center, and that the 10 standard and one ADA parking stalls available currently are enough for tour attendees to park on-site. With the additional five parallel parking stalls we are requesting, we are confident there will be sufficient parking stalls for tour attendees and staff on-site. Count Of Attendees Per Tour Count Of Tours with a Given Number of Attendees Pct Total Tours Cum Pct of Tours 1 130 11.37% 11.37% 2 635 55.56% 66.93% 3 153 13.39% 80.31% 4 132 11.55% 91.86% 5 56 4.90% 96.76% 6 29 2.54% 99.30% 7 2 0.17% 99.48% 8 2 0.17% 99.65% 10 2 0.17% 99.83% 12 1 0.09% 99.91% 13 1 0.09% 100.00% 1143 Table 1. Stanley Home Museum Tours Count Number of Attendees Per Tour Page 143 8 7. Stanley Home Museum and Education Center Traffic Impact Discussion 7.1. The Colorado Department of Transportation (CDOT) has regularly sampled traffic the along the length of Wonderview Avenue since at least 2001. One site, Station ID 101411, is across from the intersection of Big Horn Drive and Wonderview Avenue, across Wonderview Avenue from the Stanley Home Museum and Education Center (Please see Image 01 below - “CDOT Traffic Count Station ID 101411” ). Station ID 101411 has traffic counts dating from 2001, generally about every 3 years, most recently from 2010, 2015, 2017, and 2020 (Please See Attachment 09 - “CDOT Traffic Counts for Estes Park Wonderview Ave Station ID 101411 2001 to 2020”). Image 01. CDOT Traffic Count Station ID 101411 Number of Ticket Orders per Tour Number of Tours with Given Number of Ticket Orders Pct Total Tours Cum Pct Tours 1 395 55.71% 55.71% 2 218 30.75% 86.46% 3 75 10.58% 97.04% 4 18 2.54% 99.58% 5 3 0.42% 100.00% Total 709 100.00% Note: Assume all attendees on same tiicket order arrive in one car Table 2. Stanley Home Museum Tours Count Number of Ticket Orders Per Tour Page 144 9 7.2. In Table 3 below are traffic data from CDOT Station ID 101411 from 2020, on Tuesday June 30 and Wednesday July 1, from 2017 on Wednesday June 14 and Thursday June 15, and from 2015, on Tuesday June 16 and Wednesday June 17, 2015. Table 3. CDOT Traffic Data for Station Id 101411 on Wonderview Ave in Estes Park 7.3. It appears the traffic counts from the summer of 2020 may be lower than expected based on comparing 2020 data to data from 2017 and 2015 in “Table 3. CDOT Traffic Data for Station Id 101411 on Wonderview Ave in Estes Park.” The lower counts in summer 2020 may be the result of the COVID-19 pandemic having temporarily closed many local operations. Traffic counts from 2015 and 2017 seem roughly similar. However, for the hours from 9 am to 5 pm (Please see far right column), traffic counts declined about 27% to 28% from 2017 to 2020, from 4,487 to 4,717 in 2017 to 3,288 to 3,411 in 2020. 7.4. Based on 16 months of tour attendance data and ticket reservation data, The Stanley Home Museum and Education Center would be expected to add a range of zero (0) to perhaps an unlikely maximum of eight (8) cars per hour (the sum of zero (0) to a less likely maximum of four (4) cars arriving, and zero (0) to a less likely maximum four (4) cars departing) during operating hours from 9:30 am to 4:45 pm. Within the estimated 400 to 500 cars per hour from 9 am to 5 pm expected, we do not consider adding zero to perhaps an unlikely maximum of 8 cars Online Transportation Information System https://dtdapps.coloradodot.info/otis/TrafficData#ui/0/0/0/station/101412/criteria/25115//true/true/ Traffic Data Explorer for Estes Park ON SH 34, FALL RIVER RD E/O WONDERVIEW AVE, ESTES PARK (Station Id: 101411) 1-Jul-2020 Wednesday 4 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 2 0 1 0 1 6 36 72 113 128 149 166 177 183 163 189 239 202 158 108 89 77 24 4 2287 1596 Secondary Direction 1 2 3 0 7 38 38 82 143 149 178 209 238 205 223 210 221 182 141 119 101 45 29 10 2574 1815 Sum 3 2 4 0 8 44 74 154 256 277 327 375 415 388 386 399 460 384 299 227 190 122 53 14 4861 3411 30-Jun-2020 Tuesday 3 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 3 0 0 1 0 6 52 89 93 153 160 180 171 185 176 181 203 188 128 95 97 59 21 5 2246 1597 Secondary Direction 0 2 3 1 6 29 33 82 153 186 164 170 200 213 201 194 201 162 131 122 84 55 24 4 2420 1691 Sum 3 2 3 2 6 35 85 171 246 339 324 350 371 398 377 375 404 350 259 217 181 114 45 9 4666 3288 15-Jun-2017 Thursday 5 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 4 4 1 1 3 13 31 100 142 206 195 247 245 252 279 313 287 275 197 159 160 109 42 20 3285 2299 Secondary Direction 2 2 0 1 6 13 74 145 234 242 281 293 313 304 265 287 233 200 178 153 115 100 38 18 3497 2418 Sum 6 6 1 2 9 26 105 245 376 448 476 540 558 556 544 600 520 475 375 312 275 209 80 38 6782 4717 14-Jun-2017 Wednesday 4 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 0 2 0 0 4 11 36 98 156 187 213 211 230 247 260 312 298 262 196 166 120 67 30 14 3120 2220 Secondary Direction 0 8 1 1 7 14 62 136 208 266 266 292 274 251 256 235 218 209 164 157 130 61 47 13 3276 2267 Sum 0 10 1 1 11 25 98 234 364 453 479 503 504 498 516 547 516 471 360 323 250 128 77 27 6396 4487 17-Jun-2015 Wednesday 4 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 3 1 0 2 3 20 55 128 151 182 194 207 199 263 242 307 271 239 215 152 142 73 41 26 3116 2104 Secondary Direction 5 3 2 2 3 15 54 121 193 224 235 220 236 271 255 277 259 262 193 156 118 84 46 24 3258 2239 Sum 8 4 2 4 6 35 109 249 344 406 429 427 435 534 497 584 530 501 408 308 260 157 87 50 6374 4343 16-Jun-2015 Tuesday 3 Dir 0h 1h 2h 3h 4h 5h 6h 7h 8h 9h 10h 11h 12h 13h 14h 15h 16h 17h 18h 19h 20h 21h 22h 23h Sum 9a to 5p Sum Primary Direction 4 3 0 2 5 18 39 100 176 179 192 184 197 231 241 272 267 232 198 132 108 61 26 10 2877 1995 Secondary Direction 7 7 3 1 4 6 40 109 175 250 212 254 248 218 236 233 244 226 167 132 131 64 40 18 3025 2121 Sum 11 10 3 3 9 24 79 209 351 429 404 438 445 449 477 505 511 458 365 264 239 125 66 28 5902 4116 Page 145 10 per hour, perhaps a one (1) to two (2) percent increase in traffic on Wonderview Ave, to be a significant addition to local traffic. 8. Stanley Home Museum and Education Center - Neighbor Meetings Summary 8.1. The Stanley Home Museum and Education Center held three (3) public meetings with our neighbors. 8.2. The meetings were held on: 8.2.1. Meeting #1 - Tuesday March 8, 2022, 6:30 – 8:00 pm, Key Bank’s George Hix Room 8.2.1.1. We followed the procedures described in the “Estes Park Town Neighborhood and Community Meeting Information Sheet” (Please see Attachment 10) provided by Karin Swanlund in the Community Development Department. 8.2.1.1.1. The Hix Room at Key Bank was accessible to our neighbors and the meeting was scheduled to start at 6:30 pm, after 5:00 pm on a weekday as recommended. 8.2.1.1.2. Notification of the neighborhood meeting occurred a minimum of 10 business days in advance of the meeting. Individual notices were mailed on February 15, 2021 to all 51 owners and occupants on the neighbor list provided by Karin Swanlund (Please see Attachment 11 – “Neighbor list provided by Town of Estes Park”). A meeting notice was also published in the Estes Park Trail Gazette. In addition, a meeting notification sign from the Community Development Department was posted on the Stanley Home Museum and Education Center driveway. 8.2.1.1.3. Board members called neighbors from contiguous properties if they did not respond to the meeting invitation. 8.2.1.1.4. Twelve (12) neighbors attended the meeting. 8.2.1.2. The list of attendees at meeting #1 is in Attachment 12 – “Invitees and Attendees at the March 8 2022 Neighbor Meeting” 8.2.1.3. The Powerpoint presented at the March 8, 2022 meeting is Attachment 13. 8.2.1.4. Summary of the discussion at the March 8, 2022 neighbor meeting: 8.2.1.4.1. Our neighbors seemed OK with letting two tour groups overlap for some period so one group could visit the Gift Shop while another group was starting a tour, seemed OK with Sunday hours from 9:30 am to 4:45 pm, and seemed OK with the Museum being closed on Monday unless there was a Special Event or Monday was a Holiday. 8.2.1.4.2. Our neighbors wanted more clarity about how Special Events would be more or less spaced out throughout the year. The discussion arrived at four (4) Special Events per Month as a helpful clarification. 8.2.1.4.3. Some neighbors were concerned about whether Outdoor Special Events would be noisy, so we discussed a proposal that Outdoor Special Events would have no audio amplification, we would notify neighbors in advance of an Outdoor Special Event, and we discussed limiting the number of Outdoor Special Events to four (4) per year. Page 146 11 8.2.1.4.4. Our neighbors were OK with allowing tour guests to park on-site and use the visitor shuttle service for Special Events. There was some discussion about whether 14 additional parking stalls were needed and where 14 additional parking stalls would be located. 8.2.1.4.5. Some neighbors were concerned about their perception of a trend of increasing traffic and increasing traffic speed on Wonderview Ave. It was not clear that visits to the Stanley Home Museum would significantly increase to traffic on Wonderview Avenue. There was agreement to look at actual CDOT traffic count information for Wonderview Avenue. 8.2.1.4.6. Our neighbors requested clear definitions about what types of events would be held at the Museum (Tours and Special Events) and what types of events would not be held at the Museum (Private Facility Events like weddings). 8.2.1.4.7. Agreed a second neighbor meeting for additional discussion would be valuable. 8.2.2. Meeting #2 - Tuesday March 29, 2022, 6:30 – 8:00 pm, Key Bank’s George Hix Room Bank 8.2.2.1. We emailed invitations to the second neighbor meeting to all of the attendees at meeting #1 and encouraged them to forward the email to any neighbors they thought would be interested in the proposed operational condition amendments and the opportunity to express their thoughts about the Stanley Home Museum and Education Center. 8.2.2.2. Board members called neighbors from contiguous properties if they did not respond to the meeting invitation. 8.2.2.3. The list of neighbors emailed the invitation and the list of attendees at meeting #2 is in Attachment 14 – “Invitees and Attendees at the March 29, 2022 Neighbor Meeting.” 8.2.2.4. The Powerpoint presented at the March 29, 2022 meeting is Attachment 15. 8.2.2.5. Summary of the discussion at the March 29, 2022 meeting: 8.2.2.5.1. In response to a neighbor request in the last meeting, we discussed definitions of what types of events would be held at the Museum (Tours and Special Events) and what types of events would not be held at the Museum (Private Facility Events like weddings). 8.2.2.5.2. Discussed that Outdoor Special Events would have no audio amplification, we would notify neighbors in advance of an Outdoor Special Event, guests would be limited to the space on the upper driveway in front of the Museum and in front of the Garage, and would be limited to four (4) events per year. 8.2.2.5.3. Discussed adding 14 parking stalls so guests on tours could park on-site. Some neighbors were concerned that adding a parking area below the current parking area on the lower driveway could adversely impact the Museum’s appearance. Agreed to evaluate parking alternatives. 8.2.2.5.4. Discussed CDOT traffic counts for Station ID 101411 that is across Wonderview Avenue from the Stanley Home Museum location. 8.2.2.5.5. Agreed a third neighbor meeting for additional discussion would be valuable. Page 147 12 8.2.3. Meeting #3 - Thursday August 18, 2022, 6:30 – 8:00 pm, Key Bank’s George Hix Room 8.2.3.1. We emailed invitations to the third neighbor meeting to all of the attendees at meeting #1 and meeting #2 and encouraged them to forward the email to any neighbors they thought would be interested in the proposed operational condition amendments and the opportunity to express their thoughts about the Stanley Home Museum and Education Center. 8.2.3.2. Board members called neighbors from contiguous properties if they did not respond to the meeting invitation. 8.2.3.3. The list of neighbors emailed the invitation and the list of attendees at meeting #3 is in Attachment 16 – “Invitees and Attendees at the August 18, 2022 Neighbor Meeting” 8.2.3.4. The Powerpoint presented at the August 18, 2022 meeting is Attachment 17. 8.2.3.5. Summary of the discussion at the August 18, 2022 meeting: 8.2.3.5.1. Discussed that the number of guests per tour is generally limited to eight (8) by the Museum’s ticket reservation system to optimize guest experience. 8.2.3.5.2. In response to neighbor concerns in the last meeting, proposed to add four (4) parallel parking stalls on the upper driveway, not fourteen (14) parking stalls near the lower driveway so that tour guests could park on site year-round. Our neighbors seemed to respond favorably to this modified parking proposal. 8.2.3.5.3. Discussed fencing three locations on the upper driveway: 40 feet along the east Museum property line to provide more privacy for the Bankers, 88 feet along the south edge of the upper driveway for visitor safety, and 12 feet extending from the southwest edge of the garage/Gift Shop. 8.2.3.5.4. Discussed CDOT traffic counts for Station ID 101411 that is across Wonderview Avenue from the Stanley Home Museum location and the minimal impact expected from Museum operations on Wonderview Avenue traffic. 9. Stanley Home Museum and Education Center - Additional Fencing Installation Description 9.1. The Historic Stanley Home Foundation Board decided to contract with MDF Construction, LLC to install three new sections of six (6) foot high fence (Please see Attachment 18 – New Stanley Museum Fencing Image”) 9.2. The fencing along the East upper property border where the upper driveway turns south toward the lower driveway will provide increased privacy for the Bankers. Fencing design and placement were discussed with the property owners. The fencing will not interfere with fire apparatus turning or transit on the upper driveway (Please see Attachment 19 – “Historic Stanley Home Fence Fire Engine Access”). The fencing location is also permitted within the Town’s easement consistent with the Town’s rights and privileges (Please see Attachment 20 - Stanley Historic Home Easement use information”). 9.3. The fencing along the south edge of upper driveway will provide a safe boundary on the south side of the upper driveway. Page 148 13 9.4. The fencing on north side of the upper driveway between rock outcropping and the garage will provide safe boundary to prevent gift shop visitors from walking north off of the upper driveway. 10. Summary 10.1. The Stanley Home Museum and Education Center is applying for amendments to the Special Review Application approved in 2018. 10.2. The application for amendments is the result of: 10.2.1. Three (3) public meetings with our neighbors (Please see Section 08 – “Stanley Home Museum and Education Center - Neighbor Meetings Summary), 10.2.2. Based on what we have learned from 16 months of Museum operations, and 10.2.3. To further enable us to support the Town of Estes Park’s Strategic Goal of “providing an exceptional guest experience by providing high-quality events that attract guests to the Town,” 10.3. The Historic Stanley Home Foundation is requesting amendments to five of the thirteen operation conditions approved by the Town Board of Trustees. 10.4. Summary of requested amendments (details provided in Section 5 - Stanley Home Museum and Education Center: Operating Conditions & Amendment Requests) 10.4.1. Allow Year-round On-Site Parking for Tour Guests. Allow guests attending tours to park in on-site parking year-round, not just Nov 1 to April 30. Our analysis of 16 months of tour attendance data and ticket orders demonstrates that we have enough on-site parking for tour guests with the current 10 spaces plus one Americans with Disabilities Act (ADA) space. Based on our on-site parking experience for tours from Nov 1 to April 30, guests find parking on-site considerably more convenient than using the guest shuttle service for transportation to and from the Visitors’ Center. If approved, this amendment would also remove any tour-related guest shuttle service transit noise and dust for our neighbors to the East. It would also largely eliminate any tour-related guest shuttle service contribution to vehicle congestion at the Visitor’s Center and downtown intersections, and also eliminate the significant challenge of finding tour-related shuttle service drivers and funding shuttle service fuel. 10.4.2. Allow five (5) additional parallel parking stalls on the Museum’s upper driveway (Please see Attachment 03 - Stanley Home Amendment to Development Plan). If approved, this amendment would add five additional on-site parallel parking stalls on the upper driveway and would further guarantee that we have more than enough on-site parking stalls for tour guests and museum staff. 10.4.3. Require Guest Shuttle Service for Special Events, but do not require Guest Shuttle Service for Tours. If this amendment is approved, because there is sufficient on-site parking for tour guests, guest shuttle service for tour guests would not be needed year-round. Guest shuttle service would still be used for Special Events. Please see definitions of tours and Special Events in Section 4. – “Definitions: Stanley Home Museum and Education Center Tours and Special Events”). 10.4.4. Allow the possibility of additional Special Events: If allowed, this amendment would permit the possibility of an increase from up to two (2) Special Events per month to up to four (4) Special Events per month. If approved, this amendment would also allow up to eight (8) Special Events per month in the month of December when Yuletide Open houses Page 149 14 are offered. If approved, this amendment would also allow up to four (4) Outdoor Special Events per year limited to the area in front of the Museum and garage. Outdoor Special Events would be limited to one per month, and an Outdoor Special Event would count as one of the four Special Events allowed per month. These increases in Special Events would help us accommodate diverse interests in the Museum and help make the Museum financially sustainable. Examples of Special Events are class visits from schools, special interest groups, local organization Veranda gatherings, Yuletide Open Houses, Vino on the Veranda, Scott Fest VIP Reception on the Veranda, etc. 10.4.5. On Sundays, in place of opening from 12:30 pm to 4:45 pm, allow the museum to open at 9:30 am as is allowed on Tuesday – Saturday. Sundays are often a high visitation day for Estes Park, and this will increase visitation opportunities. 11. Attachment Listing Attachment 00a - Stanley Museum Request for Application Fee Waiver Request Attachment 00b - Development Application Stanley Museum p 1 2022 11Nov 15 Attachment 00c - Development Application Stanley Museum p 2 Attachment 00d - Development Application Stanley Museum p 3 Attachment 01 - Special Review Approval Letter 2018 09Sep 10 Attachment 02 - Stanley Home Amendment Statement of Intent- Add 5 Parking Stalls 2022 11Nov 15 Attachment 03 – Stanley Home Amendment to Development Plan 2022 11Nov 15 Attachment 04 - Proposed Outdoor Special Events Location Attachment 05 - Historic Stanley Home Foundation Letter re Conservation Easement Attachment 06 - Email from Randy Hunt to Peggy Lynch re Stanley Home Conservation Easement Attachment 07 - Emails from Jeff Woeber re Compliance with all Special Review Conditions Attachment 08 - Stanley Museum Year One Report to Planning Commission 2022 04Apr 13 Attachment 08A - S2 Approval Letter - Stanley Home Attachment 08B - Emails from Jeff Woeber re Compliance with all Special Review Conditions Attachment 08C - Stanley Home Foundation Letter to Jeffrey Boring re Land Trust Application Attachment 08D - Email from Tyler Boles - Power and Communications re Stanley Home Trees Attachment 08E - Fire Marshall Report In Stanley Access Drive 072720 Attachment 08F - Letter from Summit Forestry re Stanley Home Tree Plantings Attachment 09 - CDOT Traffic Counts for Estes Park Wonderview Ave Station ID 101411 2001 to 2020 Attachment 10 - Estes Park Town Neighborhood and Community Meeting Information Sheet Attachment 11 - Stanley Home Neighbor list from Town of Estes Park Attachment 12 - Invitees and Attendees at the March 8 2022 Neighbor Meeting Attachment 13 - Powerpoint presented at Neighbor Meeting 2022 03Mar 08 Attachment 14 - Invitees and Attendees at the March 29 2022 Neighbor Meeting Attachment 15 - Powerpoint presented at Neighbor Meeting 2022 03Mar 29 Attachment 16 - Invitees and Attendees at the August 18 2022 Neighbor Meeting Attachment 17 - Powerpoint presented at Neighbor Meeting 2022 08Aug 18 Attachment 18 - New Stanley Museum Fences Image Attachment 19 - Historic Stanley Home Fence Fire Engine Access 072022 Attachment 20 - Stanley Historic Home Easement use information Page 150 PARCEL No. 3524300025 PARCEL No. 3524300025 PARCEL No. 3524300025 EXISTING STRUCTURE EXISTING DRIVEWAY (COMPACTED BASE COURSE OR MILLED ASPHALT) EXISTING DRIVEWAY (COMPACTED BASE COURSE OR MILLED ASPHALT) ONE- W A Y ON E - W A Y O N E - W A Y ONE-WAY TWO-WAY TW O - W A Y 26' EXISTING 12-FOOT DRIVEWAY S 58 ° 3 5 ' W 2 4 0 . 0 ' S 84°46' E 417. 1 ' N 0 0 ° 2 5 ' 3 0 " E 1 9 6 . 3 9 ' N 0 0 ° 2 5 ' 3 0 " E 2 2 8 . 5 9 ' NO R T H 2 0 3 . 8 1 ' 4. 1 5 ' NO R T H 1 8 6 . 4 4 ' WEST 204.8'212.55' SO U T H 6 1 . 3 4 ' S 83°20' E 341. 4 ' N 79°01'30 " E 7 6 . 1 ' US No. 34 (BYPASS) WONDERVIEW AVE. LO T 4 2 A , A M E N D E D P L A T OF T R A C T S 4 2 , 4 3 A N D 4 6 FA L L R I V E R A D D I T I O N 46 5 W . W O N D E R V I E W A V E . ZO N E D E - 1 E S T A T E PARCEL No. 3524307100 411 BIG HORN DR. ZONED E-1 ESTATE PARCEL No. 3524307147 451 BIG HORN DR. ZONED E-1 ESTATE PARCEL No. 3524300042 ZONED E-1 ESTATE PARCEL No. 3524300041 503 BIG HORN DR. ZONED E-1 ESTATE R25.00 INSTALLED ADA PARKING (CONCRETE SURFACE) 12' 23' EXISTING GARAGE EXISTING STEPS 24' EXISTI N G G R A V E L D R I V E RECLAIMED EXISTING DRIVEWAY INSTALLED WALKING PATH EXISTING ROCK WALL TO REMAIN EXISTING GR A V E L D R I V E 25' BUILDING SETBACK (TYP.) X X X X X X X X X X X X X X X X X X X X X X X X X X X X X EXISTING FENCING TO BE MAINTAINED INSTALLED ROCK BARRIER INSTALLED BUFFER LANDSCAPING LOCATION AND SPECIES PER PROPERTY OWNERS REQUEST. INSTALLED PRIVACY FENCE TWO-WAY 1 18.5'9' 6 7 10 1 3 9'(T Y P . ) 23' ( T Y P . ) EXISTING STRUCTURE 1 2 INSTALLED 12" ADS CULVERT. UPSTREAM FLARED END SECTION W/ RIPRAP INSTALLED PRIVACY FENCE SUBJECT PROPERTY SUBJECT PROPERTY LINE SUBJECT PROPERTY LINE BUILDING SETBACK EXISTING TREE (TYP.) 30 SCALE 1" = 30' 0 30 60 90 HISTORIC STANLEY HOME THE HISTORIC STANLEY HOME FOUNDATION SHEET TITLE: BY:REVISION:DATE: CLIENT: SHEET 1 SHEET 1205.144 JOB NO.--- DATE SCALE APPROVED BY AS SHOWN SEPT 2022 JLR JLR MST DRAWN BY CHECKED BY DESIGNED BY PROJECT TITLE: ESTES PARK, CO 80517 2022 CORNERSTONE ENGINEERING & SURVEYING, INC. COPYRIGHT - ALL RIGHTS RESERVED 1692 BIG THOMPSON AVE. SUITE 200 ESTES PARK, CO 80517 PH: (970) 586-2458 FAX: (970) 586-2459 AMENDED DEVELOPMENT PLAN LEGEND: R Know what's below. Call before you dig. CALL 3-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. SCALE 1"=500' VICINITY MAP: IMAGE TAKEN FROM TOWN OF ESTES PARK DIGITAL MAPPING METES AND BOUNDS DESCRIPTION REC No. 2006-0074516 DATED 10/02/2006 RECORDS OF LARIMER COUNTY CLERK AND RECORDER LEGAL DESCRIPTION PARKING CALCULATIONS: TOTAL REQUIRED PARKING 10 1 PER 300 SF + 1 PER 90 SF OF ASSEMBLY AREA (NO ASSEMBLY AREA) 10CULTURAL INSTITUTIONS (EVDC 7.11) (~3000 SF)* PROPOSED STANDARD PARKING STALL 15 PROPOSED ADA ACCESSIBLE STALL 1 TOTAL PARKING PROPOSED 16 THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY AS SHOWN ON THIS DEVELOPMENT PLAN, SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES VALLEY DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF OF ESTES PARK, COLORADO, PERTAINING THERETO. OWNER: By: OWNER AND LIENHOLDER'S STATEMENT 1) ZONING - E1 - ESTATE 2) SETBACKS - 25 FEET FROM STREETS, 25 FEET FROM REAR AND 25 FEET FROM SIDES. 3) ALL EXTERIOR LIGHTING SHALL BE SHIELDED AND DOWNCASTING; (REFER TO ESTES VALLEY DEVELOPMENT CODE CHAPTER (EVDC) 7, SECTION 7.9 ). ALL STREET LIGHTS WILL NOT EXCEED 15 FT IN HEIGHT. 4) ALL DISTURBED AREAS WILL BE RESEEDED OR SODDED WITH NATIVE GRASSES/WILDFLOWER MIX. ALL NEW TREES AND SHRUBS WILL BE MAINTAINED IN A HEALTHFUL CONDITION. ALL AREAS WILL BE IRRIGATED. 5)TRASH ENCLOSURES WILL BE SCREENED WITH A SOLID FENCE AND ANIMAL RESISTANT. 6) CONTRACTORS MUST CALL UTILITIES NOTIFICATION CENTER OF COLORADO PRIOR TO EXCAVATING (1-800-922-1987). 7) ALL REQUIRED IMPROVEMENTS SHALL BE COMPLETED OR GUARANTEED IN ACCORDANCE WITH EVDC 7.12 AND 10.5.K. 8) THE OWNER SHALL BE REQUIRED TO PROVIDE FOR HANDICAP ACCESSIBILITY IN ACCORDANCE WITH THE A.D.A., I.B.C. AND EVDC 7.11.J REQUIREMENTS. 9) APPROVAL OF THIS DEVELOPMENT PLAN CREATES A VESTED RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. 10) THIS DEVELOPMENT PLAN IS A SCHEMATIC REPRESENTATION OF PROPOSED IMPROVEMENTS AND DOES NOT SHOW ALL THE DESIGN ELEMENTS NEEDED TO CONSTRUCT ANY OF THE IMPROVEMENTS. 11) ALL OUTDOOR LIGHT NOT NECESSARY FOR SECURITY PURPOSES SHALL BE REDUCED, ACTIVATED BY MOTION SENSORS DEVICES OR TURNED OFF DURING NONOPERATING HOURS; (EVDC 7.9.D.2) 12) ACCESSIBLE PARKING SPACE TO BE IDENTIFIED WITH SIGNS AND PAVEMENT MARKINGS IDENTIFYING THEM AS RESERVED FOR PERSONS WITH DISABILITIES. SIGNS TO BE POSTED DIRECTLY IN FRONT OF THE PARKING SPACE AT A HEIGHT OF NO LESS THAN FORTY-TWO (42) INCHES AND NO MORE THAN SEVENTY-TWO (72) INCHES ABOVE PAVEMENT LEVEL. 13) THE PURPOSE OF THIS AMENDMENT IS TO ADD (5) ADDITIONAL PARKING SPACES. THIS IS AN AMENDMENT TO A PREVIOUSLY APPROVED DEVELOPMENT PLAN; LEVEL S2 SPECIAL REVIEW 20-EP-00319 GENERAL NOTES: 415 WEST WONDERVIEW AVE. Print Name: AMENDED SITEPLAN TO PROPOSE (3) ADDITIONAL PARKING SPACES WAIVER APPROVAL UNDER ESTES PARK DEVELOPMENT CODE, APPENDIX D I. D. 1 AND 2: APPROVAL IS GIVEN TO WAIVE THE COMPLIANCE WITH SECTION 7.11.O.2 REQUIRING THAT OFF-STREET PARKING AREAS AND ACCESS DRIVES SERVICING EIGHT (8) OR MORE PARKING SPACES SHALL BU SURFACED WITH AT LEAST TWO (2) INCHES OF BITUMINOUS PAVING MATERIAL OR FOUR (4) INCHES OF CONCRETE. THIS APPROVAL ADVANCES THE GOALS AND PURPOSES OF THIS CODE AND RESULTS IN LESS VISUAL IMPACT ON THE HISTORIC SITE. WAIVER APPROVAL: TOWN CLERK APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ON THE _____ DAY OF __________, 20__. BOARD OF TRUSTEES' CERTIFICATE MAYOR JACKIE WILLIAMSON WENDY KOENIG AMENDED DEVELOPMENT PLAN SPECIAL REVIEW-S2 SPECIAL REVIEW - S2 AMENDED SITEPLAN TO PROPOSE (2) ADDITIONAL PARKING SPACES JLRCONDITIONS OF APPROVAL REVISIONS08/03/2018 JLRPLANNING/ENGINEERING COMMENTS11/03/2022 Attachment 5 Page 151 PUBLIC COMMENT RECEIVED ON 2/23/2023  Board of Trustees Public Comment Name: Mary Friehe Stance on Item: For Agenda Item Title: Resolution 21-23. Public Comment: It is my understanding that an amendment of Resolution 21-23 is to provide for patron parking on the Stanley Home Museum / Education facility site. I Physically, there is room for parking / accessible parking. As with any historical museum, on site parking enhances the attendance and substantially reduces the cost to the Museum for transportation to and from the VIsitor Center. Likewise, the public is often confused in terms of parking for the Stanley Hotel vs the Stanley Home and Educational Center. As a docent and summer resident, I have personally experienced the accessibility barrier to the Museum by having the only access from the Visitor Center. I strongly support this Resolution & amendments. In addition, I am unclear if the amendments being proposed also address the approval of a GALA event on July 27th at the Museum. It is a very popular and promotional component of our facility. On site parking would help. Respectfully, Mary Friehe mfriehe@unomaha.edu File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 152 3/1/2023 Amendment to Special Review Stanley Home Museum and Education Center Stanley Home Foundation, Nonprofit, Owner/Applicant Brief overview of Stanley Home “Cultural Institution” Use S2 Special Review, Requires Recommendation by EPPC, Town Board is Decision-Making Body Location, 415 West Wonderview Ave 1 2 Page 153 3/1/2023 Background Special Review was approved by Town Board August 2018 Thirteen conditions of approval Annual review for EPPC, required per condition #13 Stanley Home was renovated, it had been a residence and was set up as a museum, also delays due to pandemic Annual review by EPPC in April 2022, applicant documented compliance with all conditions Proposed Amendments Amendments proposed to five of the thirteen conditions: #1 – Increase overlap for tour groups #2 - Hours of operation, minor revisions #3 – Increase number of Special Events, add outdoor events #10 - Shuttle service, allow tour attendees to park on-site #11 - Parking requirements/restrictions, five spaces added 3 4 Page 154 3/1/2023 Review Criteria Original Special Review approved with conditions in order to address and minimize potential impacts EPDC Section 5.1 does not cover “Cultural Institution” under Specific Use Standards EPDC requires narrative of Special Review, covering various impacts or potential impacts as applicable Agency review, public involvement, staff findings and recommendation Revisions made to site plan based on Planning, Public Works requirements Three neighborhood meetings were held Applicant is sensitive to neighborhood concerns, and this is taken into consideration with the proposed amendments Staff findings The EPPC forwarded a recommendation of approval, staff recommends approval 5 6 Page 155 Page 156 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 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/APPLICANT.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  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. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. 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. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  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. Page 157  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. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 158 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 28, 2023 RE: Ordinance 01-23 Alley Vacation, Platted Alley Within the First Resubdivision of Buenna Vista Terrace, Todd Phillips, EP Real Estate LLC/Applicant (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 for vehicular access due to a granite cliff that obstructs passage along the alley. (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 159 Proposal: The Applicant proposes vacating the portion of the alley adjacent to their property. While the Public Works Department previously recommended that the entire alley be vacated, the impacted adjacent property owners south of the Full Throttle Saloon object to expanding the vacation action adjacent to their properties. Any future vacation of the platted alley adjacent to Lots 10A to 12A, and 10B to 12B of the First Resubdivision of Buenna Vista Terrace will be addressed in the future at such time as the adjacent property owners are agreeable to receiving ownership of the vacated alley. The applicant’s property is Lots 8A and 9A as shown in Attachment 2. A small portion of the platted alley contains overhead electric wires, and the vacation ordinance reserves a utility easement to preserve the Town’s ongoing use of this area. Advantages: •Vacating the Right-of-Way will not create any land without access. •The proposed vacation removes a platted alley that cannot be used for public access purposes due to topographic limitations. •Vacating this segment of the alley provides expanded development land area for the property owner. Disadvantages: •Vacation of this alley segment will prevent any future walking access to the remaining alley form the north; however, the remaining alley can still be accessed from the south via Davis Street. Action Recommended: Staff recommends approval of the vacation of the platted alley. Budget: N/A Level of Public Interest: The level of public interest is low and is supported by the adjacent property owners. Owners of parcels south of the application previously objected to the previous expanded limits of the proposed alley vacation. 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 160 ORDINANCE NO. 01-23 AN ORDINANCE VACATING A PORTION OF AN ALLEY PLATTED WITHIN THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE WHEREAS, the applicant, Todd Phillips, EP Real Estate LLC, has 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 9A, and 8B to 9B 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 utility easement over, upon, under, and across a portion of the vacated portion of the alley, as shown on Exhibit A (“proposed electric easement”), 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 Attachment 1 Page 161 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 Page 162 Attachment 2 Page 163 Alley Location(To Be Vacated) For Illustrative Purposes OnlyAlley Not to Scale Big Thom p s o n R i v e r Bl a c k C a n y o n C r e e k Fall River Fall R i v e r Big T h o m p s o n R i v e r Bi g T h o m p s o n R i v e r BOYD LN VIRG IN IA DR D A V I S S T IVY ST RIVER S I D E D R E W O N D E R V I E W A V E V I R GINIALN E ELKHOR N A V E E RIVERSIDE DR W EL K H O R N A V E R O C KWELLST BIG HORNDR P R I V A T E D R W WONDERVI E W AV E ROCK RI D G E R D M O R A I N E AV E AUDUB O N S T PINE R I V E R L N CR A G S D R P ARK LN CLEAVE STSPRUCEDR M A C G R E G O R A V E C O U RTNEY L N FAR V I E W DR PRIVAT E DR P RIV A T E DR PRIVATEDR RIDGEVIEW L N LO T T S T M O CCASINST WIEST DR WR I V E R SIDE DRMOONRIDGERD C Y T E W ORTHR D MOCCAS I N CIRCLEDR - Vicinity MapAlley Vacation Attachment 3 Page 164 Attachment 4 Page 165 Page 166 Page 167 Attachment 5 Page 168 Page 169 Page 170 CLIFF SHOWN IS THE APPROXIMATE LOCATION OF THE PLATTED ALLEY. PHOTO FACING SOUTH. Attachment 6 Page 171 3/1/2023 (Continued) Town Board Hearing, February 28, 2023 Alley Vacation Proposal to vacate a portion of a platted alley, platted in 1945 Never constructed and not needed for access EP Real Estate LLC (Full Throttle Saloon and Grill) Previously brought to the Town Board on February 14 - adjacent owners expressed concerns and the application continued by the Town Board 2 1 2 Page 172 3/1/2023 3 4 Current Proposal: Only that portion of the alley adjacent to applicant’s property (Lots 8A and 9A) would be vacated. Recommendation: Staff recommends approval of the Vacation and Ordinance. 3 4 Page 173 3/1/2023 Alley to be Vacated 5 Page 174 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. ORDINANCE 02-23 AMENDING CHAPTERS 12.20 AND 12.30 OF THE ESTES PARK MUNICIPAL CODE, AND THE ART IN PUBLIC PLACES GUIDELINES, TO REMOVE REFERENCES TO THE PARKS ADVISORY BOARD.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  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. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. 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. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  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. Page 175  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. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 176 PUPLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: February 28, 2023 RE: Ordinance 02-23 Amending Chapters 12.20 And 12.30 of the Estes Park Municipal Code, and the Art in Public Places Guidelines to Remove References to the Parks Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek approval from the Town Board for multiple content changes in Public Works Policy 880 Art in Public Places (AIPP) and the Municipal Code to remove references to the Parks Advisory Board (PAB), which was discontinued by Resolution 18-23. Present Situation: The PAB and staff have annually reviewed the AIPP to keep the document current and applicable for use by art donors. The sunsetting of PAB triggers more extensive revision to both the AIPP and the Estes Park Municipal Code to remove references to the PAB and identify Public Works staff as the program administrator of the AIPP policy. Proposal: The AIPP and chapters 12.20 and 12.30 of the Estes Park Municipal Code are revised to reflect revisions proposed in Resolution 18-23 and Ordinance 02-23. Advantages: • The primary edits in the guidelines identify Public Works as the AIPP program administrator for presenting and recommending art donations to the Town Board. • The oversight of the AIPP by the Public Works staff maintains administrative continuity since the Public Works staff previously served as the staff liaison to the PAB. Page 177 Disadvantages: •Reassignment of AIPPG administration to Public Works staff will add to the workload of the Public Works Department administrative and Parks Division staff. Action Recommended: Public Works staff request approval of Ordinance 02-23, which includes the revised Public Works Policy 880 AIPP. Finance/Resource Impact: None identified. Level of Public Interest Low Sample Motion: I move for the approval/denial of Ordinance 02-23. Attachments: 1. Ordinance 02-23 2.Ordinance 08-15 Art in Public Places 3.Public Works Policy 880 Art in Public Places Page 178 ORDINANCE NO. 02-23 AN ORDINANCE AMENDING CHAPTERS 12.20 AND 12.30 OF THE ESTES PARK MUNICIPAL CODE, AND THE ART IN PUBLIC PLACES GUIDELINES, TO REMOVE REFERENCES TO THE PARKS ADVISORY BOARD WHEREAS, Town Policy 102 on Town Committees, section 4(w), sets a sunset review schedule for all non-statutorily required Town committees; and WHEREAS, this sunset review is required every five years and the Parks Advisory Board (PAB) was reviewed as required at the Town Board of Trustees study session on January 10, 2023; and WHEREAS, the Board of Trustees has determined PAB has fulfilled the purposes for which it was created and is no longer necessary for the efficient and effective operation of the Town of Estes Park; and WHEREAS, the Board of Trustees wishes to amend the Municipal Code to complete the sunset of the PAB. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Ellipses in this ordinance indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: Section 12.20.070 and Chapter 12.30 of the Estes Park Municipal Code are hereby amended, by adding underlined material and deleting stricken material, to read as follows: 12.20.070 - Acts prohibited on public sidewalks. It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground within the Town, to place upon, apply to, embed in or impress in any public sidewalk on such property any sign, symbol, mark or object. Non- permanent signs, symbols, or marks shall be allowed to be applied to any public sidewalk, provided that they are not commercial in content, are made in a non- toxic medium, and are approved in advance, in writing, by the Public Works DirectorParks Advisory Board. For the purposes of this section "Non-Permanent" shall be defined as easily removable from the surface on which it is applied and in place for a limited period of time set during the approval process. . . . 12.30.010 - Purpose. The purpose of this Chapter is to establish an Art In Public Places (AIPP) program under the auspices of the Parks Advisory Board (PAB) of the Town of Estes Park; to provide a means to fund the acquisition of works of art by the Town which shall become the Town's collection; to provide a means to select works of art for the collection; to provide for the display of the collection, to provide criteria for the acceptance of donated art for public display; and to provide for the maintenance and repair of the works of art in the collection. . . . 12.30.030 - Administration. Page 179 Responsibility for administration of the AIPP program shall rest with the Public Works Department with advice from the PAB and curatorial support from a Curatorial Support Services Provider. The PAB Board of Trustees shall establish and from time-to-time amend criteria and guidelines governing the selection, acquisition including donations, purchase, acceptance, commissioning, placement, installation, maintenance and de-accessioning of works of art. Final decisions about the acquisition of artwork, and site selection for that artwork rests with the Town's Board of Trustees or their designees. The recommendations of the PAB shall be considered by the Board of Trustees in making those decisions. . . . Section 3: The Board of Trustees hereby amends the Art in Public Places Guidelines and adopts them as Town Policy 880 in the form substantially before the Board. This version of the Guidelines replaces and supersedes all prior versions. Future revisions need not be done by ordinance. Section 4: 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 Page 180 Attachment 2 Page 181 Page 182 Page 183 Effective Period: Until Superseded Review Schedule: Annually Effective Date: February 28, 2023 References: AIPP Guidelines 2022 PUBLIC WORKS 880 Public Art Policy 1.PURPOSE The Art in Public Places (AIPP) program of the Town of Estes Park (Town) was developed by the Estes Park Parks Advisory Board (PAB) in 2015 at the request of the Town Board, and managed by the PAB until its sunset in 2023. The Town’s Public Works Department was then entrusted with administration of the AIPP program. The AIPP program enriches our community through public exposure to the arts. The program is achieved through a collaboration of Estes Park residents, businesses, organizations, art community, and Estes Park K-12 school programs to develop a diverse art collection that creates a sense of place, provides a unique town identity, offers educational opportunities, and serves as an economic driver. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for both its natural beauty and vibrant arts scene. The AIPP broadly defines public art as any original creation of visual art that is acquired with public monies, or acquired with a combination of public/private funding; acquired by donation or loan to the Town’s AIPP program; or privately sponsored artwork located on publicly owned land, easements, or publicly owned equipment. 2. POLICY Town Ordinance 02-23 clarifies that the AIPP program is administered by the Public Works Department of the Town of Estes Park. a.Program Definitions •Art in Public Places: Any visual work of art displayed for two weeks or more in an open Town-owned area; on the exterior of any Town-owned facility; inside any Town-owned facility in areas designated as public areas; or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or grants procured by the Town. •Curatorial Support Services Provider: The individual, entity or organization that may be optionally selected by Public Works staff to provide recommendations for installation and maintenance of the various types of art in the collection. Attachment 3 Page 184 • Documentation: Includes, but is not limited to, periodic condition reports; records of actual maintenance performed and an assessment of those efforts; photographs; artist’s maintenance recommendations, information, methods, and materials; potential problems with the work of art; finishes information (e.g., painter’s name, or when, where, what, and how the piece was finished); quality of materials used; installation information; warranties; and professional and other knowledgeable opinions regarding preservation and maintenance. May also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. • Maintenance: Performed according to a scheduled, piece-specific plan to clean, repair, and preserve each work of art in the Town’s public collection. A maintenance plan for outdoor works of art placed in landscaped settings may include regular tree/shrub pruning or, when necessary, replanting to maintain desired sight lines for viewing the work of art. Plans will include a means to assess the ongoing effectiveness of preservation. • Mass-Produced: A work of art reproduced for mass distribution. • Mural: Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent surface. Murals do not include pictures, symbols, or devices of any kind that relate to a commercial business, product or service offered on the premises where the mural is located. • Patron: A person who gives financial or other support to an organization, cause, or activity. • Preservation: Includes placement; installation; security; regularly scheduled maintenance; and emergency repairs (with consideration to the natural process of aging. • Project: An existing plan or proposal where installation of a work of art may be under consideration. • Reserve Account: Account established for AIPP program expenses. Shall not be used for acquiring or funding of reproductions or unlimited editions of original work; mass-produced objects; architectural rehabilitation or historical preservation; or other works deemed, by Public Works staff, to be inappropriate for the Town’s collection. • Site: Specific location being considered for or currently displaying a work of art. • Public Works staff: Town of Estes Park employees working to oversee the AIPP program. • Town Board: Elected officials serving as Trustees of the Town. • Work of Art: All forms of original creations of visual art, including but not limited to: o Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; o Sculptures of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; o Crafts and folk-art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials; o Kinetic and/or interactive sculptures; Page 185 o Site-integrated artwork created by landscape designers and artists to include landscapes and earth-works, integration of natural and human made materials, and other functional art pieces. Site-integrated works may include building features; gates, street furniture; paving materials; and painted or wrapped utility equipment boxes (e.g., transformers, switches). b. Administration and Curatorial Support i. Public Works Department Administration of the AIPP program is the responsibility of the Town of Estes Park Public Works Department. Public Works staff shall establish and amend, with Town Board approval, the criteria and guidelines governing the selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art. Selection and placement of works of art shall be in conjunction with representatives of the Town Board and the Town department responsible for maintaining the work of art. Following placement or installation, maintenance and repair of works of art shall be the responsibility of the Town department that possesses the work(s). Any proposed works of art requiring extraordinary operation or maintenance expenses shall require prior approval of the Department Director responsible for such operation or maintenance. ii. Curatorial Support Services Provider The role of the optional curatorial support services provider shall be to perform such duties as requested by Public Works staff as they pertain to the Town’s Art in Public Places program. The curatorial support services provider may be reimbursed for actual expenses incurred for curatorial support. Public Works staff shall maintain a detailed record of all art in public places, including but not limited to accession numbers, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. iii. Funds for Works of Art A reserve account for the AIPP may be established. Funds deposited in the reserve account may only be expended for the acquisition, installation, maintenance and repair of works of art; costs associated with deaccessioning works of art; and AIPP program administration expenses. Funds in the AIPP reserve account may come from the Town’s annual General Fund Budget, grants, and donations. All funds set aside or donated for works of art shall be paid into the reserve account. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Funds in the AIPP reserve account shall not be used for purchasing reproductions or unlimited editions of original work; purchasing objects that are mass-produced; architectural rehabilitation or historical preservation; or other works deemed inappropriate for the collection. Page 186 3. PROCEDURE a. Selection and Acquisition Public art for the AIPP program may be acquired by Public Works staff through commission for a site-specific work, or the direct purchase or donation of an existing work of permanent or temporary art. The Town Board recognizes that works of art often significantly alter public places, becoming a new, major presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The AIPP program shall endeavor to bridge this gap by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. The Contract for Commission of Artwork (Exhibit A or B) is submitted. If site specific, the artwork must conform to the AIPP program regarding the site’s functional context, architecture, location, relationship to the adjacent terrain, and social context. If a work of art is commissioned for a specific use, it must meet the requirements set forth by the AIPP program. The Town of Estes Park may be offered donations of works of art. For permanent donations, the Artwork Donation Form (Exhibit C) is submitted. For temporary (loaned) donations, the Artwork Loan Agreement (Exhibit D) is submitted. Donations are subject to the same policies and criteria of the AIPP program as any other work of art being considered by the Town. Public Works staff have the discretion, subject to AIPP program policies, to recommend that the Town Board accept or reject any work of art offered to the Town for public art purposes. i. Artist Selection When evaluating the possibility of working with a particular artist, Public Works staff generally considers the artist’s presentation; the ability of the artist to work cooperatively and effectively with stakeholders; the technical feasibility of a proposed project and the artist’s technical ability; and other factors deemed by the Public Works staff to be important. ii. Works of Art Selection In performing its duties with respect to AIPP program, Public Works staff will strive to integrate the creative work of artists into public projects to thereby increase our residents’ and visitors’ experience and improve the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape in particular. In doing so, special attention shall be given to the following: a. Conceptual compatibility of the design with the immediate environment of the site; b. Appropriateness of the design to the function of the site; Page 187 c. Compatibility of the design and location with a unified design character or historical character of the site; d. Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art; e. Preservation and integration of natural features of the site; f. Appropriateness of the materials, textures, colors, and design to the expression of the design concept; g. Representation of the Town’s broad variety of tastes and the provision of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community. Consideration for the purchase of a work of art may be initiated by Public Works staff or others. Existing artwork may be directly purchased by the Town of Estes Park from an artist/owner in unique circumstances (e.g., when the price presents an economic advantage) or to meet one of the AIPP program goals. Public Works staff may approach an artist, or an artist may approach the Public Work staff. Artists who wish to have a finished work of art considered for purchase by the Town Board should submit the following to Public Works staff: a. A proposal sheet with the artist’s name; title of the artwork; dimensions and medium; date produced; price; location; number of reproductions and restrictions on reproduction; other information the artist deems pertinent; and a resume and references; b. A maquette and/or images or the actual work for review (to be provided electronically or by hard copy, showing all sides and the proper scale of the work); c. A cover letter explaining why the work should be added to the Town’s public art collection; d. A conservation assessment describing the artwork’s condition, along with a maintenance plan. The plan should be authored by a qualified conservator or the artist; include an explanation of the expected lifespan of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed; and address whether the artwork may be prone to vandalism, and how vandalism effects may be mitigated. Public Works staff may request additional information. Competitions may open to artists within the geographic limits and other specifications set by Public Works staff (specifications vary from competition to competition). Staff will strive to maintain balance between competitions involving local artists only and artists from a larger area. The typical process for open competitions is as follows: a. Public Works staff issue an AIPP Request for Proposals (Exhibit E) of the project description, budget, time schedule, and summary of duties and obligations. b. The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, recommended installation and maintenance requirements, budget, photographs, resume and references. Page 188 c. Proposals shall be considered by the jury, and a final choice or choices will be presented to Public Works staff for recommendation to the Town Board. Jury composition varies and is determined by staff, but juries typically include a staff representative(s) from the relevant department and outside art organizations. Acceptance of art will be the responsibility of the Town Board. d. Entry materials will be returned to the artist only if requested and if the artist’s entry package provides appropriate packaging, postage, and insurance for such return. The names of selected artists may be obtained from Public Works staff. Temporary works of art enrich the community; provide exposure to artists working in a variety of media; and allow for the exhibition of a wide variety of works of art that may supplement and enhance the permanent Town art collection. Selected temporary artwork must exemplify commitment to quality and innovation. A temporary art exhibit may be held with the intention of creating a mutually beneficial partnership between the Town of Estes Park and artists working both within and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Estes Park for each work of temporary art proposed for exhibition. The length of the lease may be for up to one year. A ten percent (10%) sales commission may be collected by the Town for any temporary work of art that is sold during the exhibition and the funds deposited into an AIPP reserve account. Donations from arts organizations and private parties represent a large and valuable portion of the Town’s collection of public art. The AIPP program has limited funds for administration, preservation, and maintenance of works of art. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of works of art. To ensure the quality of the collection, Public Works staff uses this policy to decide whether a proposed donation is appropriate for addition to the Town’s collection. The Town Board accepts only those works that will, in its discretion, further the overall goals of the AIPP program. Public Works staff request that individuals or entities interested in donating a work of art follow these steps: a. Complete and submit the Artwork Donation Form (Exhibit C). b. Provide a maquette and/or images or the actual work for review. Images may be provided electronically or by hard copy, showing all sides and the proper scale of the work. c. Include a cover letter explaining that the work of art is being offered to the Town as a gift, and why it should be added to the Town’s public art collection. d. Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. Page 189 e. Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. f. A conservation assessment describing the artwork’s condition, along with a maintenance plan. The plan should be authored by a qualified conservator or the artist; include an explanation of the expected lifespan of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed; and address whether the artwork may be prone to vandalism, and how vandalism effects may be mitigated. Public Works staff may request additional information. Public Works staff may request additional information for the donation. Consideration factors include the artwork’s aesthetic quality (including craftsmanship), compatibility with the Town’s existing public art collection, and budget (i.e., maintenance requirements and installation costs). All works of art will be taken to the Town Board at a regularly scheduled meeting to be voted on by the full board. Larger acquisitions may be taken to the Town Board at a study session for detailed discussion prior to a voting action by the Town Board. The Town Board is unlikely to consider any donation that requires immediate or extensive maintenance. iii. Ownership of Works of Art All permanent works of art acquired pursuant to this policy shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Exempt from this ownership provision are all works of art in the collections of, and having been purchased or acquired as a donation by, the Estes Valley Public Library and The Estes Park Museum; and all works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities that are not generally frequented by the public. The Town Board recognizes the fact that exempted organizations acquire artwork donated by patrons or purchased and donated by their supporting/friend organizations. In acquiring new artworks for their collections, we respectfully request the governing boards and staff of the exempted organizations be cognizant of and embrace the spirit of the AIPP Guidelines as they continue adding to their art collections. b. Display of Art in Public Places Public Works staff is charged with selecting sites for purchased or donated artwork. Works of art selected and implemented pursuant to the provisions of this policy may be placed in, on, or about any public place; or by agreement with the owner thereof, placed on any private property with substantial public exposure in and around the town. Works of art owned by the Town may also be loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the Town Board. Page 190 All art in public places shall receive the prior review and approval of the Town Board. None shall be removed, altered, or changed without the prior review and approval of the Town Board. No work of art financed either wholly or in part with Town funds or with grants procured by the Town shall be installed on privately owned property unless a written agreement is prepared and signed by the Mayor, acting on behalf of the Town, and the owner of the property specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the Town attorney. In addition, such written agreement shall specify that the private property owner assures that the installation of the work of art will be done in a manner that will protect the work of art and that takes into consideration public safety; that the work of art will be maintained in good condition; and that insurance and indemnification of the Town will be provided as is appropriate. Installation, maintenance, alteration, refinishing, and moving of art in public places shall be done in consultation with the artist whenever feasible. Public Works staff shall maintain a detailed record of all art in public places, including accession numbers; site drawings; photographs; designs, names of artists; names of architects; and correspondence among all parties involved in the creation, acquisition, placement, and display of art work whenever feasible. i. Site Selection and Display Standards Staff generally considers the following criteria in matching an artwork with a display site: a. Conceptual compatibility of the design with the immediate site environment; b. Appropriateness of the design to the function of the site; c. Compatibility of the design and location with a unified design character or historical character of the site; d. Creation of a desirable environment for the general community by the design and location of the work or art; e. Preservation and integration of natural features of the site; f. Appropriateness of the materials and design to the expression of the artist’s concept; g. Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community; h. Visibility and accessibility; i. Public safety; j. Car and pedestrian traffic patterns, and other Right of Way considerations; k. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation, drainage, grading, electrical source for lighting, and other utility considerations such as depth of existing utilities, access to natural gas hook up, etc.; l. Environmental impacts such as noise, sound, light and odors; Page 191 m. Impact on operational functions of the Town such as snow removal, mowing operations, etc.; n. Compatibility with the site function; o. Susceptibility to vandalism; p. Costs of site preparation; q. Existing works of art in/near the site area; r. Impact on adjacent property owners; s. Any other criteria deemed by the Public Works staff to be important. ii. Town Department Input Whether working to select artwork for a designated site or selecting a site for an already acquired artwork, it is important to get input from relevant Town departments. Relevant departments will typically be either a department receiving artwork in/on its building/grounds, or a department whose general responsibilities will be materially impacted by the placement of a work of art at a particular site (visual sightline obstruction, mowing or snow removal operations, etc.). Designated Public Works staff will contact the Director of the relevant department(s) to discuss potential sites and invite the Director to serve on any formal selection committee. Selection processes which are determined by designated staff may vary by project. Designated staff will ask the Director of the relevant department to provide any concerns regarding the sites and/or their impact on department operations before a selection process is finalized. iii. Placement of Works of Art in the Public Right of Way (ROW) Leadership for consideration of all projects and installations in the public right of way (ROW) rests primarily with Public Works staff. Administrative support is provided through the department’s Engineering Division. In cases that impact the ROW, Public Works will guide the process of securing collaborative support from other Town departments as well as from other governmental agencies (i.e., CDOT, Town of Estes Power & Communications, etc.). Public Works staff can and will provide support, professional expertise, and advisement as needed for installations selected by the Town Board. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW, Public Works will develop a plan to address the separate contracts, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The Town of Estes Park utilizes the Manual on Uniform Traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. a. Installations Adjoining the ROW Page 192 When considering installations along the ROW, Public Works staff shall consider whether the particular installation impacts the egress of persons with disabilities; causes undue interruptions to the flow of pedestrians, bicycles, or traffic, such as on a sidewalk or crosswalk; and the safety of maintenance requirements/modifications that may be created by the installation. a. Installations Within the ROW When considering installations in the ROW, the following factors must be considered and resolved collaboratively with all stakeholders, with Public Works making a final determination about a particular installation: ADA requirements; impact on flow of pedestrians, bicycles, or traffic; maintenance requirements that may be created by the installation; and safety impacts. Questions influencing the final determination include whether the installation would cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation; and whether the installation causes a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised. Since these sightlines will be different in each installation, size may be a factor at certain locations. For example, drivers’ blind spots can result from installations at a traditional intersection location close to the sightlines at the corners, or within a roundabout. Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. When installations are within the ROW, project planners must be sensitive to works of art that may draw pedestrians into the traffic flow for viewing. This is a critical factor in roundabouts, where traffic devices do not have designated locations for drivers to stop and roundabout islands are not intended to accommodate pedestrian traffic. A work of art designed for a roundabout must be designed to be viewed from a distance. It is also recommended that recognition for works of art (artist signatures, plaques describing the work of art, etc.) be placed outside the roundabout’s flow of traffic versus on the island itself. When installations are proposed within the ROW, project planners should check to ensure that the art would not interfere with future road expansions or sidewalk/multiuse path installations. Page 193 iv. Post-Selection Process Once a site has been selected, an installation plan will be developed by Public Works and other relevant staff with input from the artist, donor, and contractor when appropriate. Following installation, the designated representative(s) of the relevant department will meet to inspect the site and sign off on the finalized project. At the time of an acquisition, by donation or purchase, the proposed budget for a work of art should include all costs of installation, which may include plinths or other display components; site development, including landscaping and irrigation system installation or modification; and an identification plaque. a. Contracts. Following final selection of a work of art or artist, a Contract for Commission of Artwork (Exhibits A and B) shall be prepared by the Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the artwork accession file managed by the Public Works staff. b. Public Disclosure. All works of art will be taken to the Town Board at a regularly scheduled meeting to be voted on by the full board. Larger acquisitions may be taken to a Town Board Study Session for detailed discussion prior to a voting action by the Town Board. c. Maintenance of Art in Public Places i. Maintenance Process a. Initial Documentation. A standardized form is completed and submitted by the artist/donor prior to a piece being accepted into the Town collection. Public Works staff, appropriate Town department(s), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of Public Works staff, who will be responsible for creating, keeping, and periodically updating the documentation. Staff will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and maintenance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. b. Maintenance Documentation. When a work of art is accepted into the Town collection, a maintenance schedule of benchmark tasks will be established. Maintenance documentation, which may be reviewed as revised as needed, will include a standard for regular maintenance (e.g., timing, type of maintenance) and identify any maintenance issues that may require special attention. Each artistic medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic and aesthetic considerations for each piece. Page 194 c. Inspection and Condition Report. As determined by Public Works staff, a curatorial support services provider may be retained to initiate and produce an inspection and condition report. Paid professional condition appraisers/conservators and/or knowledgeable volunteers, craftspeople or industry experts may perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation for the specific work of art and will reside with the curatorial support services provider. d. Regular Maintenance. Town staff from the department in possession of work(s) (i.e., Facilities & Parks Division, Power and Communications, etc.), paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. Maintenance will be performed upon a recommended schedule developed by the representative of the curatorial support services provider (if available) on a schedule determined by the department charged with maintenance of the piece of art. e. Special Maintenance. As needed, paid professionals or knowledgeable volunteers will perform maintenance that requires specialized tools, equipment, or knowledge. The representative of the curatorial support services provider will use the condition report and/or site visits to determine need. f. Emergency Maintenance or Repair. As needed, paid professionals or knowledgeable volunteers may be retained by Public Works staff to perform emergency maintenance/repair. g. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling, painting or other maintenance projects undertaken by the Town adversely impact any work of art in the Town collection, the relevant department staff should be notified. A plan to protect and preserve the works of art likely to be impacted is to be developed, in conjunction with the representative of the curatorial support services provider, and approved by the relevant department staff prior to work commencing. ii. Maintenance Implementation a. Maintenance Plan Implementation. Public Works staff may retain a curatorial support services provider to assist in monitoring the AIPP maintenance plan and periodic reporting to the Town Board on the status of art work maintenance as determined by the Public Works staff. b. Funding. Funding for maintenance will be established through a budget developed annually by the relevant department. Funds for maintenance may come from the AIPP reserve account or be a line item in the appropriate Town department’s annual operating budget. Maintenance funding of works of art in the permanent Town collection will take precedent over new art purchases. Page 195 c. Contract Services. Contracts with paid professionals/craftspeople will follow established Town guidelines and will be handled through the appropriate Town department. d. Quality Control. Public Works staff believes in regulating the quality of maintenance to an established standard. Therefore, Staff will collect and assimilate maintenance data pertinent to the various types of works of art in the Town’s collection (e.g., lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained volunteer, etc.) e. Maintenance Policy Review. As needed, Public Works staff will recommend changes to maintenance policies. d. Deaccessioning Works of Art De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s public collection. Public Works staff is responsible for recommending to the Town Board whether any piece(s) should be deaccessioned. Deaccessioning occurs only for good reason, in the Staff’s discretion. i. Considerations for Deaccessioning a. The work of art endangers public safety. b. The work of art has been determined to be in unsatisfactory condition. c. The work of art lacks a suitable display site. d. The condition or security of the work of art cannot be reasonably guaranteed where located. e. The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep it). f. The work of art is or has become incompatible with the rest of the collection. g. The Town wishes to replace the work of art with a piece of more significance by the same artist. h. The work of art requires excessive maintenance or it has faults of design or workmanship. i. The work of art is found to be fraudulent or not authentic. j. The Town cannot properly care for or store the work of art. k. For any other reason as determined by Public Works staff. ii. Process/Disposition Public Works staff should review the works of art in the Town’s collection at least once every five years to recommend whether any piece(s) should be deaccessioned. In addition, the Town reserves the right to deaccession a work of art at any time deemed appropriate by the mayor Town Board. Deaccessioning may only be considered during a regular or a special meeting of the Town Board. A majority of Town Board members in a quorum must approve deaccessioning. Staff may consider the following options for disposition of a deaccessioned artwork: return to the artist; sale or trade; destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair); donation; or any option deemed appropriate by Public Works staff. Page 196 Approved: _____________________________ Travis Machalek, Town Administrator _____________ Date Page 197 POLICY 880 – EXHIBIT A TOWN OF ESTES PARK, COLORADO CONTRACT FOR COMMISSION OF ARTWORK This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”). Recitals In conjunction with (project name), the Town has allocated funding from the Art in Public Places program reserve fund in the amount of $ ____________ to acquire Artwork that will be created and installed in (location). The Artist was selected through a competitive process by the Public Works Department. Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICES 1. Artist’s Responsibility 1. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and equipment necessary to design, fabricate, deliver, and install Artwork consisting of (description of the Artwork). 2. The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and in strict compliance with all terms and conditions in this Agreement. 3. The Artist is responsible for all costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site visits, and insurance of the Artwork. 4. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated representative (“Town Representative”), as set forth in this Agreement. The person designated as “Town Representative” is staff designated by the Public Works Department. 5. The Artist is an independent contractor and not an agent or employee of the Town. 6. The Artist shall secure any necessary engineering work and is responsible for all site preparation. Page 198 7. The Artist will provide the concrete foundation on which the sculpture will sit. 8. In performance of the work described herein, the Artist shall comply with all applicable federal, State and Town laws, rules, and regulations, including but not limited to, applicable copyright, building and life, health and safety codes. 9. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made by a third party(ies) arising during the installation process and caused, or claimed to be caused by such process, including harm to himself, to others including the public, or to the Artwork. 10. The Artist shall provide the Town with written instructions for the maintenance, care, and upkeep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the Artwork. 11. The Artist is solely responsible for the compensation and for the work of every contractor and other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees to engage no person without providing adequate worker’s compensation insurance, in amounts required by Colorado law. 12. The Artist shall secure and provide insurance for the on-site installation period in amounts and limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of liability insurance which addresses the period of on-site installation, and includes the following: a. The policy must be an occurrence form; the coverage amount shall be $1,000,000 for products/completed operations hazard(s); the Comprehensive General Liability insurance shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be cancelled, terminated nor not renewed without first giving 30 days advance written notice to the Town Risk Manager; b. Neither this Agreement nor an insurance policy issued as required by this Agreement shall be understood to waive or diminish the effect of the Colorado Governmental Immunity Act protections enjoyed by the Town. 2. Town’s Responsibility 1. The Town will provide the Artist access to the site for installation of the Artwork. 2. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule in Article 6 of the Agreement. 3. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no expense to the Artist, as may be necessary for the installation. Page 199 4. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist should communicate and coordinate when necessary, and the Town Representative has the authority to make decisions for the Town with regard to the matters described herein, including, but not limited to inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial and final completion of the Artwork, approving payments to the Artist, approving and coordinating installation. 5. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist and Title of the Artwork. ARTICLE 2. DESIGN CHANGES 1. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town staff when necessary, develop his original proposal into a Final Design Proposal that includes: 1) A working drawing or rendition of the proposed Artwork and the site, and a description of the materials to be used in the Artwork; and 2) Cost estimates for the design, fabrication, engineering, transportation, installation, and insurance. Public Works staff, or a committee thereof, shall review and approve the final design prior to execution. 2. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1 above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing or graphic communication to the Town for review and approval. A significant change is considered to be any alteration which materially affects the approved design or installation. Minor changes do not require written approval. ARTICLE 3. COMPLETION DATE The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year). Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day, year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God. ARTICLE 4. ACCEPTANCE OF THE ARTWORK The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied: 1. The Artwork is completed, delivered, and installed in accordance with this Agreement and the approved design, and the Town has verified this; and 2. The Artist has delivered to the Public Works staff the following: a. An executed bill of sale; b. Written maintenance and care instructions; and c. An original signed Certificate of Authenticity. Page 200 ARTICLE 5. PAYMENT SCHEDULE The Town shall pay the Artist a fixed fee of $ _____________ that will constitute full and complete compensation for all services performed, materials furnished, and for the artistic value provided by the Artist under this Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as follows: 1. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the Artist is required. 2. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50% completed and reasonable proof of this, such as digital photographs, has been provided. The Artist will provide a written invoice for this payment. 3. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and reasonable proof of this has been provided. The Artist will provide a written invoice for this payment and digital photographs. 4. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the Artwork by the Town, as described in Article 4. The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the Artist. ARTICLE 6. WARRANTY 1. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or violate the rights of any third party. 2. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics liens and encumbrances of the Artist. 3. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within a 200-mile radius of Estes Park. 4. The Artist warrants that all work is performed in accordance with professional “workmanlike” standards, and fully guarantees the Artwork to be free from defective materials, products, and workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials. If within one year following the date of final acceptance, the Artist is unable or unwilling to make any necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss incurred by the Town as a result of having to complete such repairs. Page 201 The Artist is not responsible for damage to the Artwork caused by vandalism, acts of God, Town employees or contractors. ARTICLE 7. COPYRIGHT 1. The Artist expressly reserves the rights under common law or under the federal Copyright Act to control the making and dissemination of copies and reproductions of the Work that the court(s) in the venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may, without further approval from or compensation to the Artist, reproduce the Artwork graphically, in photographs, drawings, or computer-generated images for any Town business, including advertising, promotions, visitor and convention activities, and economic development activities. The Town agrees that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in such a manner and location as will comply with U. S. copyright law. 2. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town. The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described herein, over time future citizens and Town Boards may determine that the Town should remove it or otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his consent. 3. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the Artist’s violation or claim of violation by any person of any copyright or trademark infringement whether or not such claim(s) or suit(s) is(are) frivolous. ARTICLE 8. INDEMNIFICATION The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright, trademark, and all intellectual property claims of any person or persons in consequence of the Town’s acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous. ARTICLE 9. DEATH OR INCAPACITY If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement. Page 202 In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may terminate this Agreement. In the event of the death of the Artist, this Agreement may terminate. The Artist’s executor shall deliver the Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials and supplies purchased for the Artwork’s fabrication, if not yet completed. The Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing; however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8. ARTICLE 10. TERMINATION OF AGREEMENT The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in whatever form and degree of completion it may be at the time, and all materials and supplies purchased and obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the copyright to the Artwork and all rights under Article 7. ARTICLE 11. WRITTEN NOTICE The parties agree that any notice required by this Agreement shall be given as follows, including notice of a change of address or change in the Town Representative: Town: __________________________________________________________ Artist: __________________________________________________________ ARTICLE 12. ENTIRE AGREEMENT The terms and provisions of this Agreement, including attachments and any amendments, represent the entire understanding of the parties with respect to the subject matter of this contract. No representations or warranties are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered or modified in writing and signed by both parties. ARTICLE 13. LAW AND VENUE The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action arising out of or under this Agreement shall be brought in Larimer County, Colorado. Page 203 Signed: ______________________________________ Mayor, Town of Estes Park ____________________ Date ______________________________________ Artist ____________________ Date ATTEST: ________________________________________ Town Clerk Page 204 POLICY 880 – EXHIBIT B TOWN OF ESTES PARK ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in Public Places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to ensure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Public Works Department. Public Works staff reserve the right to move or remove the piece from the permanent collection, if that becomes necessary, in the future. Please submit with this form: 1. Photographs or detailed drawings of the artwork 2. Documentation authenticating the purchase price or appraised value General Information Donor name (Individual/Organization/Business): Contact person (if different from above): Mailing Address: Phone Number & Email Address: Information About the Artwork Title of the Artwork: Name of the Artist: Mailing Address of Artist: Page 205 Description of media or materials used or to be used in artwork: Proposed Location of Artwork: Special Instructions (if any): When is the artwork available for installation? Year Completed: _______________ Purchase Price: _______________ Current Value: _______________ Dimensions: _______________ Weight: _______________ Long-term maintenance required: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? YES NO If yes, please provide proposed budget amount: _______________ The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): Donor Signature & Date (Please print name after signature) Page 206 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 54 of 30 Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Page 207 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 55 of 30 POLICY 880 – EXHIBIT C TOWN OF ESTES ARTWORK LOAN AGREEMENT Artist Information Artist Name: Mailing address: Phone Number & Email Address: Description of Artwork Artwork #1 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Artwork #2 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Page 208 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 56 of 30 Artwork #3 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Information & Authorization I give the Town permission to photograph my art for temporary display on the Town’s website: Yes No Will hanging art require special installation or equipment other than regular wall hooks? Yes No Dates of the loan are ____________________ to ____________________. The artist understands and agrees to the terms and conditions contained in the Public Works Policy 880 Public Art Policy. Exhibits are attached to this agreement form. The artist understands that any insurance payment that might be made will be based upon an appraised value rather than a declared value. This constitutes the entire agreement between the parties. Artist’s Signature & Date (Please print name after signature) Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Page 209 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 57 of 30 POLICY 880 – EXHIBIT D TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (project name ) The Town of Estes Park Art in Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for its natural beauty and its vibrant arts scene. Project Description and Scope ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________ Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process 1. From this Call, an Artist may be selected directly from the initial applications, or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. 2. If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. 3. A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) 4. One artist will ultimately be selected to develop their design and fabricate and install the artwork. 5. The artist will be required to carry general liability insurance in the amount of $_______________. 6. Town staff will oversee operations and administer the decisions of the jury panel. Page 210 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 58 of 30 Submission Requirements All applications must be submitted through the Town website to publicworks@estes.org and must include: 1. A preliminary statement of approach for the project which communicates scope and scale 2. Previous accomplishment(s) with public art pieces of similar appropriate scale as shown in 5-10 images of artwork completed within the past five years. 3. The Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project (maximum number of conceptual images: 3) 4. Three (3) professional references Selection Criteria The primary criteria for selection: 1. Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? 2. Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 3. Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted to the Public Works Department by (month, day, year). Final completion date will be determined jointly by the Artist and the Public Works Department; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Page 211 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 59 of 30 POLICY 880 – EXHIBIT E TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (project name ) The Town of Estes Park Art in Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for its natural beauty and its vibrant arts scene. Project Description and Scope ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________ Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process 7. From this Call, an Artist may be selected directly from the initial applications, or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. 8. If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. 9. A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) 10. One artist will ultimately be selected to develop their design and fabricate and install the artwork. 11. The artist will be required to carry general liability insurance in the amount of $_______________. 12. Town staff will oversee operations and administer the decisions of the jury panel. Page 212 Document Title Draft 1 2/22/23 Revisions: 0 Town of Estes Park, Public Works Page 60 of 30 Submission Requirements All applications must be submitted through the Town website to publicworks@estes.org and must include: 5. A preliminary statement of approach for the project which communicates scope and scale 6. Previous accomplishment(s) with public art pieces of similar appropriate scale as shown in 5-10 images of artwork completed within the past five years. 7. The Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project (maximum number of conceptual images: 3) 8. Three (3) professional references Selection Criteria The primary criteria for selection: 4. Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? 5. Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 6. Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted to the Public Works Department by (month, day, year). Final completion date will be determined jointly by the Artist and the Public Works Department; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Page 213       Page 214 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: 2/28/2023 RE: Revised Policy 601 Purchasing Policy – Spending Authority & Limits (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: Update Policy # 601 to revise spending authority and limits by position for new departments, divisions and other changes. Present Situation: The current spending authority and limits policy was last updated Jan 27, 2021 and is in need of revision. Several Town Departments have made some organizational changes, including new functions, titles and positions. The purchasing policy should be revised to properly reflect these changes. Proposal: The proposed revised policy addresses the changes as needed. A clean draft of the revised Policy 601 Purchasing Policy – Spending Authority & Limits is included as Attachment 1 and a red-line copy is included as Attachment 2 to clearly show the proposed changes. The proposed changes include revised position titles such as the Deputy Town Administrator, Facilities and Parks Manager, Town Engineer, Streets & Stormwater Supervisor, etc. A few new positions have also been added including the Special Events Coordinator, Utility Billing Supervisor, Deputy Chief of Police, Fleet Asset Specialist, Mobility Service Manager, and Utilities Business Manager. A few purchasing limit changes are also proposed. See Attachment 2, the red-line copy, for the complete changes. Advantages: Revised Policy 601 Purchasing Policy – Spending Authority & Limits will be revised and updated to enable current operations to be continued, while limiting spending authority to designated, responsible staff positions. Page 215 Disadvantages: None identified. Action Recommended: Staff is seeking Town Board approval of revised Policy 601. Finance/Resource Impact: NA – Applies to all expenditures throughout the Town organization Level of Public Interest: Interest in this resolution by the general public is expected to be minor. No public input or comments have been received nor is any expected at this time. Sample Motion: I move for the approval/denial of Revised Policy 601 Purchasing Policy – Spending Authority & Limits as presented. Attachments: 1.Revised Policy 601 Purchasing Policy – Spending Authority & Limits (clean copy) 2.Revised Policy 601 Purchasing Policy – Spending Authority & Limits (red-line copy) Page 216 Document Spending Authority & Limits 02/28/2023 Revisions: 4 Town of Estes Park, Finance Page 1 of 3 Effective Period: Until superceded Review Schedule: Annually Effective Date: 02/28/2023 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy – Spending Authority & Limits 1.PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose “a” can be achieved. 2. POLICY The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. 3.PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The following purchasing limits apply at the formal contract / purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. Attachment 1 Page 217 Document Spending Authority & Limits 02/28/2023 Revisions: 4 Town of Estes Park, Finance Page 2 of 3 Table 1: Purchasing Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Administrator Deputy Town Administrator Public Information Officer Management Analyst Museum Director IT Manager IT System Administrator I $100,000 $50,000 $5,000 $5,000 $10,000 $30,000 $10,000 Town Attorney Town Attorney Town Attorney Executive Legal Assistant $100,000 $5,000 Town Clerk Town Clerk Town Clerk Town Clerk Deputy Town Clerk Human Resources Manager $50,000 $10,000 $10,000 Comm Dev Community Development Director $50,000 Special Events Community Services Director $50,000 Special Events Visitor Services Manager $5,000 Special Events Event Coordinator $5,000 Special Events Events Maintenance Supervisor $5,000 Special Events Sales & Marketing Manager $5,000 Finance Finance Director $50,000 Finance Accounting Manager $5,000 Finance Utility Billing Supervisor $5,000 Police Chief of Police $50,000 Police Deputy Chief of Police $30,000 Police Police Captain $30,000 Police Police Executive Assistant $10,000 Public Works Public Works Director $50,000 Public Works Facilities and Parks Manager $30,000 Public Works Town Engineer $30,000 Public Works Fleet Asset Specialist $5,000 Public Works Mobility Services Manager $30,000 Public Works Parking & Transit Supervisor $5,000 Public Works Civil Engineer I (EIT) $5,000 Public Works Civil Engineer II (PE) $10,000 Public Works Fleet Supervisor $5,000 Public Works Parks Supervisor $5,000 Public Works Streets & Stormwater Supervisor $10,000 Utilities Utilities Director $50,000 Utilities Business Manager $30,000 Utilities Project Manager $30,000 Utilities Line Superintendent $30,000 Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Page 218 Document Spending Authority & Limits 02/28/2023 Revisions: 4 Town of Estes Park, Finance Page 3 of 3 Approved: Mayor, Town of Estes Park February 28, 2023 Date Utilities Line Crew Supervisor $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Page 219 Document Spending Authority & Limits 02/09/1602/28/2023 Revisions: 40 Town of Estes Park, Finance Page 1 of 3 Effective Period: Until superceded Review Schedule: Annually Effective Date: 01/27/202102/28/2023 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy – Spending Authority & Limits 1. PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose “a” can be achieved. 2. POLICY The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. 3. PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The following purchasing limits apply at the formal contract / purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. Attachment 2 Page 220 Document Spending Authority & Limits 02/09/1602/28/2023 Revisions: 40 Town of Estes Park, Finance Page 2 of 3 Table 1: Purchasing Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Administrator Assistant Deputy Town Administrator Public Information Officer Management Analyst Museum Director IT Manager IT System Administrator I $100,000 $50,000 $5,000 $5,000 $10,000 $30,000 $10,000 Town Attorney Town Attorney Town Attorney Executive Legal Assistant $100,000 $5,000 Town Clerk Town Clerk Town Clerk Town Clerk Deputy Town Clerk Human Resources Manager $50,000 $3010,000 $105,000 Comm Dev Community Development Director $50,000 Comm Dev Chief Building Official $5,000 Special Events Community Services Director $50,000 Special Events Visitor Services Manager $5,000 Special Events Event Coordinator $5,000 Special Events Events Maintenance Supervisor $5,000 Special Events Sales & Marketing Manager $5,000 Finance Finance Director $50,000 Finance Accounting Manager $5,000 Finance Utility Billing Supervisor $5,000 Police Chief of Police $50,000 Police Deputy Chief of Police $30,000 Police Police Captain $30,000 Police Police Executive Assistant $10,000 Public Works Public Works Director $50,000 Public Works Facilities and Parks Manager $30,000 Public Works Public Work Town EngineeringManager $30,000 Public Works Public Works Operations Manager $30,000 Public Works Fleet Asset Specialist $5,000 Public Works Mobility Services Manager $30,000 Public Works Parking & Transit ManagerSupervisor $30,000$5,000 Public Works Civil Engineer I (EIT) $5,000 Public Works Civil Engineer II (PE) $10,000 Public Works Fleet Supervisor $5,000 Public Works Parks Maintenance Supervisor $5,000 Public Works Streets & Stormwater Supervisor $105,000 Utilities Utilities Director $50,000 Utilities Business Manager $30,000 Utilities Project Manager $30,000 Utilities Line Superintendent $30,000 Page 221 Document Spending Authority & Limits 02/09/1602/28/2023 Revisions: 40 Town of Estes Park, Finance Page 3 of 3 Approved: Mayor, Town of Estes Park January 26, 2021February 28, 2023 Date Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Utilities Line Crew ChiefSupervisor $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Page 222 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: 2/28/2023 RE: Resolution 22-23, Supplemental Budget Appropriations #1 to the 2023 Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the 2023 budget for items that have been identified after the last budget amendment. Present Situation: The following explains the most significant proposed changes by Fund. Additional items are detailed in the attached exhibit “Schedule of Budgeted Appropriation Changes”. General Fund – Increase of $204,074 This includes $102,227 for one new full time event coordinator (plus benefits) to help with the increased workloads and expanded event calendar as explained in the attached Events Reorganization memo. The additional cost is covered by additional event and rental revenues. The new Police Chief has reorganized the Police Department, converting the Administrative Lieutenant to a new Deputy Chief of Police position for an increase of $26,597. The Police Department has also received a new DOLA grant for peace officer behavioral health support funding in the amount of $35,250. Finally, as mentioned in the weekly updates in January, FEMA has completed closeout of the Moraine Avenue Ditch (PW197) 2013 flood damage site and has disallowed $60,594 of expenditures. $40,000 has been budgeted to cover the anticipated grant refund. Community Reinvestment Fund – Increase of $332,500 The Friends of the Museum are funding four projects for the museum: HVAC replacement for $250,000; convert to LED lighting fixtures for $18,000; install an alarm system for 24,500; and install security cameras for $40,000. These projects are all fully funded by donations from the Friends of the Museum. In addition to the museum improvements, the budget is also amended by $180,100 to provide additional funding for the US36 and Community Drive roundabout as explained at the 1-24 Town Board Page 223 meeting. This funding is coming from the Capital Reserves, effectively reducing the current year capital reserve increase from $1,000,000 to $ 819,900. Power and Communications Fund – Increase of $180,623 The Power and Communications Fund (P&C) received Congressionally Directed Spending (CDS) federal funding in the amount of 785,937 to pay for overhead powerline replacement with tree cable as a fire mitigation project. The project requires local match, with a total project cost of $1,060,000 appropriated. P&C has removed a few capital projects totaling $725,000 to balance workloads and free up some funding for other projects, such as the CDS project above. The Utility Project Manager position will be focused on Water Fund projects in 2023 so 95% of this position is being reclassified to the Water Fund, resulting in a decrease in P&C of $154,377. Water Fund – Increase of $284,324 The Utility Project Manager position mentioned above under P&C will be focused on Water Fund projects in 2023. This position had originally been allocated 100% to the P&C fund so 95% of this position is being reclassified by this amendment to the Water Fund, resulting in an increase in the Water Fund of $154,377. As previously brought before the Town Board, the Elkhorn water main replacement project is being funded by reallocation of other projects within the Water Fund. The Elkhorn water main project is budgeted at $745,451 and other projects were reduced by the same amount, resulting in a net zero change to appropriations. As the 2023 Original Budget document was being compiled, it was discovered that the debt service for the Park Entrance Mutual Pipeline and Water Company project was inadvertently left out of the budget. This debt service is included in this amendment for $25,032. Finally, the new construction loan for the Prospect Mountain Water District was closed after the 2023 budget was drafted, resulting in the need to budget for an additional $104,915 in interest expense. This interest expense will be rolled into the final USDA financing once the construction is completed. Vehicle Replacement Fund – Increase of $63,918 The Police Department has reevaluated the condition of their fleet of police vehicles and made some changes to the original replacement budget. Instead of one vehicle, a total of two vehicles will be replaced for a net increase of $63,918. Funding is coming from the Vehicle Replacement Fund reserves. Proposal: Staff is seeking approval of the budget resolution authorizing the proposed budget amendments. Advantages: The Town will continue to operate in compliance with statutory requirements regarding municipal budget law. Page 224 Disadvantages: None identified. Action Recommended: Staff recommends approval of the 2023 supplemental budget appropriation #1 resolution. Finance/Resource Impact: After reflecting this budget amendment, the General Fund reserves are projected at 26.5% of 2023 operating expenditures after setting aside $2.0 million in reserve increases. Level of Public Interest Limited – no comments received. Sample Motion: I move for the approval/denial of Resolution 22-23. Attachments: 1. Resolution 22-23 Supplemental Budget Appropriations # 1 to the 2023 Budget. 2. Recaps of Proposed Budget Adjustments and Supporting Documents 3. Events Reorganization Memo Page 225 RESOLUTION 22-23 SUPPLEMENTAL BUDGET APPROPRIATIONS # 1 TO THE 2023 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2023 annual budget in accordance with the Local Government Budget Law on November 8th, 2022; and WHEREAS, certain projects and expenditures have additional funding needs which were identified after adoption of the original annual budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations for 2023 be increased by $1,065,439 for the funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. Fund # Fund Name Existing Appropriations Amendment Amended Appropriations 101 General Fund 28,985,056 204,074 29,189,130 204 Community Reinvestment Fund 5,415,141 332,500 5,747,641 211 Conservation Trust Fund 64,000 0 64,000 220 Larimer County Open Space Fund 152,674 0 152,674 236 Emergency Response System Fund 65,245 0 65,245 238 Community Center Fund 1,181,301 0 1,181,301 244 Trails Fund 3,133,717 0 3,133,717 256 Parking Services Fund 811,215 0 811,215 260 Street Fund 4,555,409 0 4,555,409 502 Power and Communications Fund 26,291,250 180,623 26,471,873 503 Water Fund 9,788,605 284,324 10,072,929 505 Workforce Housing Fund 500,000 0 500,000 606 Medical Insurance Fund 3,573,042 0 3,573,042 612 Fleet Maintenance Fund 855,131 0 855,131 625 Information Technology Fund 1,176,844 0 1,176,844 635 Vehicle Replacement Fund 186,000 63,918 249,918 645 Risk Management Fund 426,450 0 426,450 Total All Funds 87,161,080 1,065,439 88,226,519 DATED this ______ day of _____________, 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 226 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 1 - 2023 Budget Amendment Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 101 General Fund Community Svcs Events Addition of one new special event coordinator to help handle increased workloads. This increase in expense is offset by an increase in revenues.Ongoing - 102,227 102,227 101 General Fund Public Works Streets FEMA has completed the close-out of a flood project (PW 197 - Moraine Avenue Ditch) that was completed in 2015/2016. During that closeout review, they identified eligibility issues with $60,594 worth of expenditures. Essentially, the issue is that there were improvements made to the river bank when the approved grant scope only allowed a restoration to prior condition. Without a hydrology study conducted to determine the changes did not have negative upstream and downstream impacts, the costs have been disallowed. Since we have received reimbursement from the state for this project, we need to reimburse the state roughly $40,000 (there were some additional adjustments that resulted in a smaller net reimbursement requirement). One Time 40,000 - 40,000 101 General Fund Police Patrol, Communication, & Community Svc (Restorative Justice) Creation of a Deputy Chief of Police position - this amendment is for the difference between the existing position (Admin Lt) and the new pay scale for the new Deputy Chief position Ongoing - 26,597 26,597 101 General Fund Police Patrol, Communication, & Community Svc (Restorative Justice) Budget for new DOLA Grant # POMH 23-515 for peace officer behavioral health support funding.One Time 35,250 - 35,250 Total General Fund 75,250 128,824 204,074 204 Community Reinvestment Fund Cultural Services Museum Replace the HVAC system at the museum - paid for by a donation from the Friends of the Museum organization One Time 250,000 - 250,000 204 Community Reinvestment Fund Cultural Services Museum Convert lighting to LED lighting at the museum - paid for by a donation from the Friends of the Museum organization and a $5,000 rebate from PRPA One Time 18,000 - 18,000 204 Community Reinvestment Fund Cultural Services Museum Install alarms at the museum - paid for by a donation from the Friends of the Museum organization One Time 24,500 - 24,500 Attachment 2 Page 227 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 204 Community Reinvestment Fund Cultural Services Museum Install security cameras at the museum - paid for by a donation from the Friends of the Museum organization One Time 40,000 - 40,000 204 Community Reinvestment Fund Public Works Streets Provide additional funding to complete the US36 and Community Drive roundabout as explained at the Jan 24th Town Board meeting.One Time 180,100 - 180,100 204 Community Reinvestment Fund Public Works Streets Used part of the $1,000,000 increase to the capital reserve to fund the US 36 & Community Drive roundabout approved at the Jan 24th Town Board meeting.One Time (180,100) - (180,100) Total Community Reinvestment Fund 332,500 - 332,500 502 Power and Communication Fund Utilities Admin/General Reallocate 95% of the Utility Project Manager position to the Water Fund due to the projects currently underway and planned for this position. Ongoing - (154,377) (154,377) 502 Power and Communication Fund Utilities Electric Capital Remove or reduce some capital projects to free up funding needed on other projects, such as Trailblazer and the Congressionally Directed Spending (CDS) line rebuilding project.One Time (725,000) - (725,000) 502 Power and Communication Fund Utilities Electric Capital Budget for the CDS project for overhead powerline replacement with tree cable as a fire mitigation project. Partially funded with $785,937 CDS funding within the Federal budget.One Time 1,060,000 - 1,060,000 Total Power and Communication Fund 335,000 (154,377) 180,623 503 Water Fund Utilities Admin/General Reallocate 95% of the Utility Project Manager position to the Water Fund due to the projects currently underway and planned for this position. Ongoing - 154,377 154,377 503 Water Fund Utilities Water Reclassified budget anticipated to be rolled forward to the Elkhorn Water Main Replacement Project. Some of the reallocations are in anticipation of the project rollovers to be processed in March/April 2023.One Time (745,451) - (745,451) 503 Water Fund Utilities Water Budget for Elkhorn Water Main Replacement Project. Funding was provided by reallocation of other project excess appropriations as noted above.One Time 745,451 - 745,451 503 Water Fund Finance Debt Svc Budget for the Park Entrance water project debt service - this was inadvertently missed during compiliation of the original 2023 budget. The revenue estimate was also updated.Ongoing - 25,032 25,032 503 Water Fund Finance Debt Svc Budget for the Prospect Mtn Water District interim construction loan interest. This interest will ultimately be wrapped into the final USDA loan but we must pay interest in the interim like the construction costs until it is . The Prospect Mtn Construction loan was completed after the original budget had been drafted. One Time 104,915 - 104,915 Total Water Fund 104,915 179,409 284,324 Page 228 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 635 Vehicle Repl Fund Police NA Replace G72C - a 2012 Ford Expedition which was transferred to Summitstone Health Partners used for their Estes Park mental health co-responder One Time 67,290 - 67,290 635 Vehicle Repl Fund Police NA Replace G98 - a 2010 Ford Explorer used by out Detectives One Time 66,628 - 66,628 635 Vehicle Repl Fund Police NA Defer replacement of G147, a 2015 Ford Interceptor, which is still in good shape. This was originally budgeted for replacement in 2023.One Time (70,000) - (70,000) Total Vehicle Replacement Fund 63,918 - 63,918 Total Expenditure Appropriation Changes 911,583 153,856 1,065,439 Page 229 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Revenues $25,009,690 $5,247,641 $34,100 $476,000 $118,130 $1,181,301 $2,592,651 $838,875 $2,845,123 Expenses 29,189,130 5,747,641 64,000 152,674 65,245 1,181,301 3,133,717 811,215 4,555,409 Net (4,179,440)(500,000)(29,900)323,326 52,885 0 (541,066)27,660 (1,710,286) Estimated Beginning Fund Balance, 1/1/23 11,135,082 1,700,000 50,889 880,474 201,307 11 541,511 308,443 3,696,890 Add Back Reserves included in Budgeted Expenses 1,013,000 819,900 0 0 0 0 0 0 0 Estimated Ending Fund Balance, 12/31/23 $7,968,642 $2,019,900 $20,989 $1,203,800 $254,192 $11 $445 $336,103 $1,986,604 502 503 505 606 612 625 635 645 POWER AND COMMUNICATIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Revenues $22,456,937 $6,487,532 $738,090 $3,573,042 $850,300 $937,753 $675,677 $426,450 $74,489,292 Expenses 26,471,873 10,072,929 500,000 3,573,042 855,131 1,176,844 249,918 426,450 88,226,517 Net (4,014,936)(3,585,397)238,090 0 (4,831)(239,091)425,759 0 (13,737,225) Estimated Beginning Fund Balance, 1/1/23 23,278,070 7,377,364 0 1,637,744 108,844 587,431 1,274,856 56,116 52,835,032 Add Back Reserves included in Budgeted Expenses 509,504 121,306 0 0 0 0 0 0 2,463,710 Estimated Ending Fund Balance, 12/31/23 $19,772,638 $3,913,274 $238,090 $1,637,744 $104,013 $348,341 $1,700,615 $56,116 $41,561,516 TOWN OF ESTES PARK 2023 BUDGET RECAP OF AMENDED BUDGET ALL FUNDS BA# 1 - 2023 Budget Amendment 2/9/2023 6:31 PM BA#1 - 2023 EP Bdgt Amend.xlsb Page 230 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Estimated Ending Fund Balance, 12/31/23 7,968,642 2,019,900 20,989 1,203,800 254,192 11 445 336,103 1,986,604 Budgeted Reserves *** Pkg Garage Maint Reserve 49,000 - - - - - - - - Childcare Reserve 100,000 - - - - - - - - Workforce Housing Reserve 485,000 - - - - - - - - Facility and Employee Housing Reserve 500,000 - - - - - - - - Capital Reserve - 2,019,900 - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations 126,361 - - - - - - - - Equipment Reserve - - - - - - - - - Policy 660 Fund Balance Reserves 6,331,282 - - - - - - - - Total Reserved Fund Balance 7,591,643 2,019,900 - - - - - - - Unreserved Budgetary Fund Balance $376,999 $0 $20,989 $1,203,800 $254,192 $11 $445 $336,103 $1,986,604 502 503 505 606 612 625 635 645 POWER AND COMMUNICATIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Estimated Ending Fund Balance, 12/31/23 19,772,638 3,913,274 238,090 1,637,744 104,013 348,341 1,700,615 56,116 41,561,516 Budgeted Reserves *** Pkg Garage Maint Reserve - - - - - - - - 49,000 Childcare Reserve - - - - - - - - 100,000 Workforce Housing Reserve - - - - - - - - 485,000 Facility and Employee Housing Reserve - - - - - - - - 500,000 Capital Reserve - - - - - - - - 2,019,900 Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - - 126,361 Equipment Reserve 2,437,080 736,036 - - - - 1,700,615 - 4,873,731 Policy 660 Fund Balance Reserves 4,785,398 1,486,152 - 1,428,255 85,513 200,000 - - 14,316,602 Total Reserved Fund Balance 7,222,478 2,222,188 - 1,428,255 85,513 200,000 1,700,615 - 22,470,594 Unreserved Budgetary Fund Balance 12,550,160 1,691,085 $238,090 209,489 18,500 148,341 - 56,116 19,090,923 *** These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are budget management accounts and are merely changes to reserved fund balances. TOWN OF ESTES PARK 2023 BUDGET RECAP OF AMENDED BUDGETED RESERVES ALL FUNDS BA# 1 - 2023 Budget Amendment Page 231 General Conservation Open Emergency Community Fund Trust Space Response Center 101 211 220 236 238 REVENUE Operating revenues Taxes 20,349,676$ -$ -$ 118,130$ 1,181,301$ Licenses and permits 887,900 - - - - Intergovernmental 489,098 34,000 475,000 - - Charges for services 689,135 - - - - Fines and forfeitures 32,000 - - - - Rental income 310,178 - - - - Investment income 75,000 100 1,000 - - Donations 30,000 - - - - Miscellaneous 649,894 - - - - Total Operating Revenues 23,512,881 34,100 476,000 118,130 1,181,301 Other sources Transfers-In from other funds 1,496,809 - - - - Sale of assets - - - - - Financing proceeds - - - - - TOTAL REVENUES 25,009,690 34,100 476,000 118,130 1,181,301 EXPENDITURES Operating expenditures Source of supply - - - - - Personnel 13,237,801 - 37,574 - - Operations & maintenance 10,599,064 24,000 46,200 16,700 1,181,301 Total Operating Expenditures 23,836,865 24,000 83,774 16,700 1,181,301 Other uses Debt service - - - 48,545 - Capital 1,054,500 40,000 68,900 - - Transfers-out to other funds 4,297,765 - - - - Contingency - - - - - TOTAL EXPENDITURES 29,189,130 64,000 152,674 65,245 1,181,301 NET SOURCE (USE) OF FUNDS (4,179,440) (29,900) 323,326 52,885 - FUND BALANCES, Beginning 11,135,082 50,889 880,474 201,307 11 Reserve increases included in exp. above 1,013,000 - - - - FUND BALANCES, End of Year 7,968,642 20,989 1,203,800 254,192 11 Special Revenue Funds ALL FUNDS BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET Page 232 Capital Projects Special Revenue Funds (Cont)Fund Parking Community Information Vehicle Risk Trails Services Streets Reinvestment Medical Fleet Technology Replacement Management 244 256 260 204 606 612 625 635 645 590,651$ -$ 2,835,123$ -$ -$ -$ -$ -$ -$ - 24,000 - - - - - - - 2,000,000 - - 304,000 - - - - - - 775,125 - - 250,000 848,300 937,753 675,677 426,450 - 39,000 - - - - - - - - - - - - - - - - 2,000 - 10,000 - 10,000 2,000 - - - - - - 327,500 - - - - - - 750 - 5,000 3,313,042 - - - - 2,592,651 838,875 2,845,123 636,500 3,573,042 850,300 937,753 675,677 426,450 - - - 4,297,765 - - - - - - - - - - - - - - - - - 313,376 - - - - - 2,592,651 838,875 2,845,123 5,247,641 3,573,042 850,300 937,753 675,677 426,450 - - - - - - - - - 131,550 240,440 201,749 - - 740,002 720,305 - - - 570,775 533,660 522,000 3,573,042 115,129 357,539 - 426,450 131,550 811,215 735,409 522,000 3,573,042 855,131 1,077,844 - 426,450 - - - 966,265 - - - - - 3,002,167 - 3,820,000 4,259,376 - - 99,000 249,918 - - - - - - - - - - - - - - - - - - - 3,133,717 811,215 4,555,409 5,747,641 3,573,042 855,131 1,176,844 249,918 426,450 (541,066) 27,660 (1,710,286) (500,000) - (4,831) (239,091) 425,759 - 541,511 308,443 3,696,890 1,700,000 1,637,744 108,844 587,431 1,274,856 56,116 - - - 819,900 - - - - - 445 336,103 1,986,604 2,019,900 1,637,744 104,013 348,341 1,700,615 56,116 Internal Service Funds ALL FUNDS BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET Page 233 Power & Workforce Housing Linkage % of Communication Water Impact Fee Total 502 503 505 Total REVENUE Operating revenues Taxes -$ -$ -$ 25,074,881$ 36.67% Licenses and permits - - 738,090 1,649,990 2.41% Intergovernmental 785,937 - - 4,088,035 5.98% Charges for services 21,477,400 6,472,532 - 32,552,372 47.60% Fines and forfeitures - - - 71,000 0.10% Rental income 12,600 - - 322,778 0.47% Investment income 85,000 15,000 - 200,100 0.29% Donations - - - 357,500 0.52% Miscellaneous 96,000 - - 4,064,686 5.94% Total Operating Revenues 22,456,937 6,487,532 738,090 68,381,342 100.00% Other sources Transfers-In from other funds - - - 5,794,574 Sale of assets - - - - Financing proceeds - - - 313,376 TOTAL REVENUES 22,456,937 6,487,532 738,090 74,489,292 EXPENDITURES Operating expenditures Source of supply 8,168,860 125,000 - 8,293,860 14.09% Personnel 5,946,377 3,303,214 - 24,559,010 41.72% Operations & maintenance 5,026,357 2,516,396 500,000 26,008,613 44.19% Total Operating Expenditures 19,141,594 5,944,610 500,000 58,861,483 100.00% Other uses Debt service 2,627,745 526,944 - 4,169,499 Capital 3,347,600 3,459,500 - 19,400,961 Transfers-out to other funds 1,354,934 141,875 - 5,794,574 Contingency - - - - TOTAL EXPENDITURES 26,471,873 10,072,929 500,000 88,226,517 NET SOURCE (USE) OF FUNDS (4,014,936) (3,585,397) 238,090 (13,737,225) FUND BALANCES, Beginning 23,278,070 7,377,364 - 52,835,032 509,504 121,306 - 2,463,710 FUND BALANCES, End of Year 19,772,638 3,913,274 238,090 41,561,516 Enterprise Funds BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET ALL FUNDS Page 234 Fund/Dept Fund Name 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget Amendment 2023 Amended Budget 101 GENERAL FUND 23,070,147 24,568,387 24,852,370 157,320 25,009,690 204 COMMUNITY REINVESTMENT 5,915,916 7,607,378 4,915,141 332,500 5,247,641 211 CONSERVATION TRUST 34,100 34,100 34,100 - 34,100 220 LARIMER COUNTY OPEN SPACE 968,501 968,501 476,000 - 476,000 236 EMERGENCY RESPONSE 101,777 111,409 118,130 - 118,130 238 COMMUNITY CENTER 1,016,766 1,113,093 1,181,301 - 1,181,301 244 TRAILS 2,507,328 2,555,491 2,592,651 - 2,592,651 256 PARKING SERVICES 816,095 817,750 838,875 - 838,875 260 STREET 3,490,239 3,721,423 2,845,123 - 2,845,123 502 POWER AND COMMUNICATIONS 20,509,610 20,509,610 21,658,400 798,537 22,456,937 503 WATER 26,974,272 26,974,272 6,483,360 4,172 6,487,532 505 WORKFORCE HOUSING LINKAGE IMPACT FEE - - 738,090 - 738,090 606 MEDICAL INSURANCE 3,335,368 3,335,368 3,573,042 - 3,573,042 612 FLEET 1,032,597 1,032,597 850,300 - 850,300 625 INFORMATION TECHNOLOGY 939,672 939,672 937,753 - 937,753 635 VEHICLE REPLACEMENT 647,057 647,057 675,677 - 675,677 645 RISK MANAGEMENT 395,500 395,500 426,450 - 426,450 TOTAL 91,754,945 95,331,608 73,196,763 1,292,529 74,489,292 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF ANTICIPATED REVENUE ALL FUNDS Page 235 Fund/Dept Fund Name 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget Amendment 2023 Amended Budget 101 GENERAL FUND 101-1100 Legislative 401,635 401,635 337,248 - 337,248 101-1190 Town Attorney 349,397 350,647 383,737 - 383,737 101-1200 Judicial 81,476 81,476 89,654 - 89,654 101-1300 Town Administrator's Office 385,216 385,216 430,545 - 430,545 101-1400 Town Clerk's Office 388,364 388,364 395,431 - 395,431 101-1500 Finance 669,016 674,953 714,330 - 714,330 101-1600 Planning 1,066,398 1,066,398 901,164 - 901,164 101-1700 Facilities 1,194,496 1,173,074 1,786,957 - 1,786,957 101-1800 Employee Benefits 411,671 411,584 439,668 - 439,668 101-1900 Community Service Grants 1,436,653 1,442,478 1,893,012 - 1,893,012 101-1945 Workforce Housing 598,000 580,500 413,000 - 413,000 101-2100 Police - Patrol 4,842,144 4,864,035 5,518,906 30,909 5,549,815 101-2155 Police - Communications 1,261,540 1,273,820 1,448,240 16,969 1,465,209 101-2175 Police - Comm Svcs 391,470 391,470 438,091 13,469 451,560 101-2185 Police - Code Enforcement 146,690 146,690 168,989 500 169,489 101-2300 Building Safety Divison 649,997 649,997 672,640 - 672,640 101-2400 Engineering 511,189 477,140 623,413 - 623,413 101-2600 Visitor Center 627,701 605,201 574,522 - 574,522 101-3100 Streets 1,489,333 1,506,288 1,523,984 40,000 1,563,984 101-3175 Stormwater Maintenance 402,652 402,652 519,156 - 519,156 101-5200 Parks 1,648,511 1,626,307 1,544,801 - 1,544,801 101-5500 Special Events 2,303,521 2,284,805 2,676,228 102,227 2,778,455 101-5600 Transportation 1,401,994 1,320,006 700,291 - 700,291 101-5690 Parking - - - - - 101-5700 Museum 466,078 466,078 493,284 - 493,284 101-9000 Transfers 5,034,919 6,726,381 4,297,765 - 4,297,765 101 GENERAL FUND 28,160,058 29,697,192 28,985,056 204,074 29,189,130 204 COMMUNITY REINVESTMENT 6,215,386 6,189,638 5,415,141 332,500 5,747,641 211 CONSERVATION TRUST 34,000 55,000 64,000 - 64,000 220 LARIMER COUNTY OPEN SPACE 1,188,692 1,189,192 152,674 - 152,674 236 EMERGENCY RESPONSE 65,245 65,245 65,245 - 65,245 238 COMMUNITY CENTER 1,016,766 1,113,093 1,181,301 - 1,181,301 244 TRAILS 3,313,648 3,313,648 3,133,717 - 3,133,717 256 PARKING SERVICES 864,804 805,114 811,215 - 811,215 260 STREET 3,540,466 2,672,656 4,555,409 - 4,555,409 502 POWER AND COMMUNICATIONS 31,829,954 31,829,954 26,291,250 180,623 26,471,873 503 WATER 33,611,782 30,543,370 9,788,605 284,324 10,072,929 505 WORKFORCE HOUSING LINKAGE IMPACT FEE - - 500,000 - 500,000 606 MEDICAL INSURANCE 4,145,000 4,145,000 3,573,042 - 3,573,042 612 FLEET 1,543,440 1,570,400 855,131 - 855,131 625 INFORMATION TECHNOLOGY 979,344 979,344 1,176,844 - 1,176,844 635 VEHICLE REPLACEMENT 810,713 810,713 186,000 63,918 249,918 645 RISK MANAGEMENT 395,500 375,250 426,450 - 426,450 TOTAL ALL FUNDS 117,714,798 115,354,809 87,161,078 1,065,439 88,226,517 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF APPROPRIATIONS ALL FUNDS Page 236 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 17,669,731 19,209,957 20,349,676 - 20,349,676 Licenses and permits 704,150 704,150 887,900 - 887,900 Intergovernmental 1,435,608 1,503,160 453,848 35,250 489,098 Charges for services 671,538 597,850 667,093 22,042 689,135 Fines and forfeitures 37,000 37,000 32,000 - 32,000 Rental income 195,791 217,791 210,150 100,028 310,178 Investment income 175,000 70,000 75,000 - 75,000 Donations 42,800 43,800 30,000 - 30,000 Miscellaneous 525,779 571,929 649,894 - 649,894 Transfers-In from other funds 1,612,750 1,612,750 1,496,809 - 1,496,809 Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 23,070,147 24,568,387 24,852,370 157,320 25,009,690 EXPENDITURES Legislative 1100 401,635 401,635 337,248 - 337,248 Attorney 1190 349,397 350,647 383,737 - 383,737 Judicial 1200 81,476 81,476 89,654 - 89,654 Town Administrator 1300 385,216 385,216 430,545 - 430,545 Town Clerk 1400 388,364 388,364 395,431 - 395,431 Finance 1500 669,016 674,953 714,330 - 714,330 Planning 1600 1,066,398 1,066,398 901,164 - 901,164 Facilities 1700 1,194,496 1,173,074 1,786,957 - 1,786,957 Human Resources 1800 411,671 411,584 439,668 - 439,668 Outside Entity Funding 1900 1,436,653 1,442,478 1,893,012 - 1,893,012 Workforce Housing 1945 598,000 580,500 413,000 - 413,000 Police - Patrol 2100 4,842,144 4,864,035 5,518,906 30,909 5,549,815 Police - Communications 2155 1,261,540 1,273,820 1,448,240 16,969 1,465,209 Police - Support Services 2175 391,470 391,470 438,091 13,469 451,560 Police - Code Enforcement 2185 146,690 146,690 168,989 500 169,489 Building Safety 2300 649,997 649,997 672,640 - 672,640 Engineering 2400 511,189 477,140 623,413 - 623,413 Visitor Services 2600 627,701 605,201 574,522 - 574,522 Streets 3100 1,489,333 1,506,288 1,523,984 40,000 1,563,984 Stormwater Maintenance 3175 402,652 402,652 519,156 - 519,156 Parks 5200 1,648,511 1,626,307 1,544,801 - 1,544,801 Special Events 5500 2,303,521 2,284,805 2,676,228 102,227 2,778,455 Transit 5600 1,401,994 1,320,006 700,291 - 700,291 Museum 5700 466,078 466,078 493,284 - 493,284 Transfers Out 9000 4,784,919 6,476,381 4,297,765 - 4,297,765 Contingency - Grants 9000 250,000 250,000 - - - Rounding - - - (1) (1) Total Expenditures 28,160,058 29,697,192 28,985,056 204,074 29,189,130 Net Income (Loss)(5,089,911) (5,128,805) (4,132,686) (46,754) (4,179,440) Beginning Fund Balance 16,166,887 16,166,887 11,135,082 11,135,082 Reserves Included in Expenditures 97,000 97,000 1,013,000 1,013,000 Ending Fund Balance 11,173,976 11,135,082 8,015,396 (46,754) 7,968,642 TOWN OF ESTES PARK 2023 BUDGET GENERAL FUND # 101 SUMMARY BY FUND & DEPARTMENT BA# 1 - 2023 Budget Amendment Page 237 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental 1,230,116 1,230,116 304,000 - 304,000 Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 500 500 - - - Donations - - - 327,500 327,500 Miscellaneous - - - 5,000 5,000 Transfers-In from other funds 4,649,919 6,341,381 4,297,765 - 4,297,765 Sale of assets 18,000 18,000 - - - Financing Proceeds - - 313,376 - 313,376 Total Revenues 5,898,535 7,589,997 4,915,141 332,500 5,247,641 EXPENDITURES Community Reinvestment Fund 5400 159,238 133,490 522,000 - 522,000 Capital Outlay 5400 5,128,013 5,128,013 3,926,876 332,500 4,259,376 Debt Service 6700 928,135 928,135 966,265 - 966,265 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 6,215,386 6,189,638 5,415,141 332,500 5,747,641 Net Income (Loss)(316,851) 1,400,359 (500,000) - (500,000) Beginning Fund Balance 299,641 299,641 1,700,000 1,700,000 Reserves Included in Expenditures - - 1,000,000 819,900 Ending Fund Balance (17,210) 1,700,000 2,200,000 - 2,019,900 COMMUNITY REINVESTMENT FUND # 204 SUMMARY BY FUND & DEPARTMENT BA# 1 - 2023 Budget Amendment 2023 BUDGET TOWN OF ESTES PARK Page 238 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental 34,000 34,000 34,000 - 34,000 Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 100 100 100 - 100 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 34,100 34,100 34,100 - 34,100 EXPENDITURES Conservation Trust Fund 34,000 55,000 64,000 - 64,000 Rounding - - - - - Total Expenditures 34,000 55,000 64,000 - 64,000 Net Income (Loss)100 (20,900) (29,900) - (29,900) Beginning Fund Balance 71,789 71,789 50,889 50,889 Ending Fund Balance 71,889 50,889 20,989 - 20,989 BA# 1 - 2023 Budget Amendment 2023 BUDGET TOWN OF ESTES PARK CONSERVATION TRUST FUND # 211 SUMMARY BY FUND & DEPARTMENT Page 239 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental 966,501 966,501 475,000 - 475,000 Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 2,000 2,000 1,000 - 1,000 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 968,501 968,501 476,000 - 476,000 EXPENDITURES Open Space 4600 123,749 124,249 83,774 - 83,774 Capital Outlay 4600 1,064,943 1,064,943 68,900 - 68,900 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 1,188,692 1,189,192 152,674 - 152,674 Net Income (Loss)(220,191) (220,691) 323,326 - 323,326 Beginning Fund Balance 1,101,165 1,101,165 880,474 880,474 Ending Fund Balance 880,974 880,474 1,203,800 - 1,203,800 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET LARIMER COUNTY OPEN SPACE FUND # 220 SUMMARY BY FUND & DEPARTMENT Page 240 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 101,677 111,309 118,130 - 118,130 Licenses and permits - - - - - Intergovernmental - - - - - Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 100 100 - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 101,777 111,409 118,130 - 118,130 EXPENDITURES Emergency Response System 3600 16,700 16,700 16,700 - 16,700 Debt Service 3600 48,545 48,545 48,545 - 48,545 Capital Outlay 3600 - - - - - Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 65,245 65,245 65,245 - 65,245 Net Income (Loss)36,532 46,164 52,885 - 52,885 Beginning Fund Balance 155,143 155,143 201,307 201,307 Ending Fund Balance 191,675 201,307 254,192 - 254,192 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT 2023 BUDGET EMERGENCY RESPONSE SYSTEM FUND # 236 Page 241 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 1,016,766 1,113,093 1,181,301 - 1,181,301 Licenses and permits - - - - - Intergovernmental - - - - - Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income - - - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 1,016,766 1,113,093 1,181,301 - 1,181,301 EXPENDITURES Community Center 3800 1,016,766 1,113,093 1,181,301 - 1,181,301 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 1,016,766 1,113,093 1,181,301 - 1,181,301 Net Income (Loss)- - - - - Beginning Fund Balance 11 11 11 11 Ending Fund Balance 11 11 11 - 11 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET COMMUNITY CENTER FUND # 238 SUMMARY BY FUND & DEPARTMENT Page 242 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 508,383 556,546 590,651 - 590,651 Licenses and permits - - - - - Intergovernmental 1,998,745 1,998,745 2,000,000 - 2,000,000 Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 200 200 2,000 - 2,000 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 2,507,328 2,555,491 2,592,651 - 2,592,651 EXPENDITURES Trails Expansion Operations 3400 103,904 103,904 131,550 - 131,550 Capital Outlay 3400 3,209,744 3,209,744 3,002,167 - 3,002,167 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 3,313,648 3,313,648 3,133,717 - 3,133,717 Net Income (Loss)(806,320) (758,157) (541,066) - (541,066) Beginning Fund Balance 1,299,668 1,299,668 541,511 541,511 Ending Fund Balance 493,348 541,511 445 - 445 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET TRAILS EXPANSION FUND # 244 SUMMARY BY FUND & DEPARTMENT Page 243 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits 4,000 24,000 24,000 - 24,000 Intergovernmental - - - - - Charges for services 795,000 755,250 775,125 - 775,125 Fines and forfeitures 17,095 38,000 39,000 - 39,000 Rental income - - - - - Investment income - - - - - Donations - - - - - Miscellaneous - 500 750 - 750 Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 816,095 817,750 838,875 - 838,875 EXPENDITURES Parking Services Operations 5690 813,042 753,442 811,215 - 811,215 Capital Outlay 5690 51,762 51,672 - - - Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 864,804 805,114 811,215 - 811,215 Net Income (Loss)(48,709) 12,636 27,660 - 27,660 Beginning Fund Balance 295,807 295,807 308,443 308,443 Ending Fund Balance 247,098 308,443 336,103 - 336,103 SUMMARY BY FUND & DEPARTMENT 2023 BUDGET PARKING SERVICES FUND # 256 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK Page 244 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 2,440,239 2,671,423 2,835,123 - 2,835,123 Licenses and permits - - - - - Intergovernmental 1,030,000 1,030,000 - - - Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income 20,000 20,000 10,000 - 10,000 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 3,490,239 3,721,423 2,845,123 - 2,845,123 EXPENDITURES Street Improvement Operations 2000 745,456 750,656 735,409 - 735,409 Capital Outlay 2000 2,795,010 1,922,000 3,820,000 - 3,820,000 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 3,540,466 2,672,656 4,555,409 - 4,555,409 Net Income (Loss)(50,227) 1,048,767 (1,710,286) - (1,710,286) Beginning Fund Balance 2,648,123 2,648,123 3,696,890 3,696,890 Ending Fund Balance 2,597,896 3,696,890 1,986,604 - 1,986,604 TOWN OF ESTES PARK 2023 BUDGET STREET IMPROVEMENT FUND # 260 SUMMARY BY FUND & DEPARTMENT BA# 1 - 2023 Budget Amendment Page 245 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Intergovernmental - - - 785,937 785,937 Charges for services 20,289,610 20,289,610 21,477,400 - 21,477,400 Rental income - - - 12,600 12,600 Investment income 122,000 122,000 85,000 - 85,000 Donations - - - - - Miscellaneous 98,000 98,000 96,000 - 96,000 Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 20,509,610 20,509,610 21,658,400 798,537 22,456,937 EXPENDITURES Source of Supply 6100 8,168,860 8,168,860 8,168,860 - 8,168,860 Distribution 6301 4,817,061 4,817,061 5,615,170 - 5,615,170 Customer Accounts 6401 580,510 580,510 601,931 - 601,931 Admin & General 6501 2,578,933 2,578,933 3,369,844 (154,377) 3,215,467 Debt Service 6700 1,792,940 1,792,940 2,627,745 - 2,627,745 Broadband 6900 1,406,817 1,406,817 1,540,165 - 1,540,165 Capital Outlay 7001 10,996,833 10,996,833 3,012,600 335,000 3,347,600 Transfers Out 6600 1,488,000 1,488,000 1,354,934 - 1,354,934 Rounding - - - - - Total Expenditures 31,829,954 31,829,954 26,291,250 180,623 26,471,873 Net Income (Loss)(11,320,344) (11,320,344) (4,632,850) 617,914 (4,014,936) Beginning Fund Balance 23,278,070 23,278,070 23,278,070 23,278,070 23,278,070 Reserves Included in Expenditures - - 509,504 509,504 Ending Fund Balance 11,957,726 11,957,726 19,154,724 23,895,984 19,772,638 TOWN OF ESTES PARK 2023 BUDGET POWER AND COMMUNICATIONS FUND # 502 SUMMARY BY FUND & DEPARTMENT BA# 1 - 2023 Budget Amendment Page 246 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental 8,991,000 8,991,000 - - - Charges for services 5,580,272 5,580,272 6,468,360 4,172 6,472,532 Fines and forfeitures - - - - - Rental income - - - - - Investment income 100,000 100,000 15,000 - 15,000 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets 135,000 135,000 - - - Financing Proceeds 12,168,000 12,168,000 - - - Total Revenues 26,974,272 26,974,272 6,483,360 4,172 6,487,532 EXPENDITURES Source of Supply 6100 120,000 120,000 125,000 - 125,000 Purification 6200 1,174,434 1,174,434 1,282,537 - 1,282,537 Distribution 6300 2,135,845 2,135,845 2,536,188 - 2,536,188 Customer Accounts 6400 417,439 417,439 380,373 - 380,373 Admin & General 6500 1,273,971 1,273,971 1,466,134 154,377 1,620,511 Debt Service 6700 487,181 487,181 396,997 129,947 526,944 Capital Outlay 7000 27,878,162 24,809,750 3,459,500 - 3,459,500 Transfers Out 6600 124,750 124,750 141,875 - 141,875 Rounding - - - - - Total Expenditures 33,611,782 30,543,370 9,788,605 284,324 10,072,929 Net Income (Loss)(6,637,510) (3,569,098) (3,305,245) (280,152) (3,585,397) Beginning Fund Balance 10,946,462 10,946,462 10,946,462 7,377,364 Reserves Included in Expenditures - - 121,306 121,306 Ending Fund Balance 4,308,952 7,377,364 7,762,523 (280,152) 3,913,274 WATER FUND # 503 SUMMARY BY FUND & DEPARTMENT BA# 1 - 2023 Budget Amendment 2023 BUDGET TOWN OF ESTES PARK Page 247 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - 738,090 - 738,090 Intergovernmental - - - - - Charges for services - - - - - Fines and forfeitures - - - - - Rental income - - - - - Investment income - - - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues - - 738,090 - 738,090 EXPENDITURES Workforce Housing Operations 1946 - - 500,000 - 500,000 Capital Outlay 1946 - - - - - Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures - - 500,000 - 500,000 Net Income (Loss)- - 238,090 - 238,090 Beginning Fund Balance - - - - Ending Fund Balance - - 238,090 - 238,090 SUMMARY BY FUND & DEPARTMENT WORKFORCE HOUSING LINKAGE IMPACT FEE FUND # 505 TOWN OF ESTES PARK 2023 BUDGET BA# 1 - 2023 Budget Amendment Page 248 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental - - - - - Charges for services 250,000 250,000 250,000 - 250,000 Fines and forfeitures - - - - - Rental income - - - - - Investment income 20,000 20,000 10,000 - 10,000 Donations - - - - - Miscellaneous 3,065,368 3,065,368 3,313,042 - 3,313,042 Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 3,335,368 3,335,368 3,573,042 - 3,573,042 EXPENDITURES Medical Insurance Fund Operations 4200 3,395,000 3,395,000 3,573,042 - 3,573,042 Contingency - Med Ins Claims 4200 750,000 750,000 - - - Rounding - - - - - Total Expenditures 4,145,000 4,145,000 3,573,042 - 3,573,042 Net Income (Loss)(809,632) (809,632) - - - Beginning Fund Balance 2,447,376 2,447,376 1,637,744 1,637,744 Ending Fund Balance 1,637,744 1,637,744 1,637,744 - 1,637,744 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET MEDICAL INSURANCE FUND # 606 SUMMARY BY FUND & DEPARTMENT Page 249 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental 300,800 300,800 - - - Charges for services 592,797 592,797 848,300 - 848,300 Fines and forfeitures - - - - - Rental income - - - - - Investment income 4,000 4,000 2,000 - 2,000 Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds 135,000 135,000 - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 1,032,597 1,032,597 850,300 - 850,300 EXPENDITURES Fleet Maintenance 4300 613,949 640,909 855,131 - 855,131 Capital Outlay 7000 929,491 929,491 - - - Rounding - - - - - Total Expenditures 1,543,440 1,570,400 855,131 - 855,131 Net Income (Loss)(510,843) (537,803) (4,831) - (4,831) Beginning Fund Balance 646,647 646,647 108,844 108,844 Ending Fund Balance 135,804 108,844 104,013 - 104,013 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET FLEET MAINTENANCE FUND # 612 SUMMARY BY FUND & DEPARTMENT Page 250 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental - - - - - Charges for services 935,672 935,672 937,753 - 937,753 Fines and forfeitures - - - - - Rental income - - - - - Investment income 4,000 4,000 - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 939,672 939,672 937,753 - 937,753 EXPENDITURES IT Operations 2500 872,844 872,844 1,077,844 - 1,077,844 Capital Outlay 2500 106,500 106,500 99,000 - 99,000 Transfers Out 9000 - - - - - Rounding - - - - - Total Expenditures 979,344 979,344 1,176,844 - 1,176,844 Net Income (Loss)(39,672) (39,672) (239,091) - (239,091) Beginning Fund Balance 627,103 627,103 587,431 587,431 Ending Fund Balance 587,431 587,431 348,341 - 348,341 BA# 1 - 2023 Budget Amendment 2023 BUDGET TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT INFORMATION SYSTEMS TECHNOLOGY FUND # 625 Page 251 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental - - - - - Charges for services 646,557 646,557 675,677 - 675,677 Fines and forfeitures - - - - - Rental income - - - - - Investment income 500 500 - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 647,057 647,057 675,677 - 675,677 EXPENDITURES Fleet Replacement Operations 3500 - - - - - Capital Outlay 7000 793,332 793,332 186,000 63,918 249,918 Transfers Out 9000 17,381 17,381 - - - Rounding - - - - - Total Expenditures 810,713 810,713 186,000 63,918 249,918 Net Income (Loss)(163,656) (163,656) 489,677 (63,918) 425,759 Beginning Fund Balance 1,438,512 1,438,512 1,274,856 1,274,856 Ending Fund Balance 1,274,856 1,274,856 1,764,533 (63,918) 1,700,615 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET VEHICLE REPLACEMENT FUND # 635 SUMMARY BY FUND & DEPARTMENT Page 252 Dept # 2022 Amended Budget 2022 EOY Estimate 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - - - Licenses and permits - - - - - Intergovernmental - - - - - Charges for services 395,500 395,500 426,450 - 426,450 Fines and forfeitures - - - - - Rental income - - - - - Investment income - - - - - Donations - - - - - Miscellaneous - - - - - Transfers-In from other funds - - - - - Sale of assets - - - - - Financing Proceeds - - - - - Total Revenues 395,500 395,500 426,450 - 426,450 EXPENDITURES Risk Management Operations 4100 395,500 375,250 426,450 - 426,450 Rounding - - - - - Total Expenditures 395,500 375,250 426,450 - 426,450 Net Income (Loss)- 20,250 - - - Beginning Fund Balance 35,866 35,866 56,116 56,116 Ending Fund Balance 35,866 56,116 56,116 - 56,116 BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET RISK MANAGEMENT FUND # 645 SUMMARY BY FUND & DEPARTMENT Page 253 General Fund Comm Reinvestment Fund Total (Amended Budget) Fund Balance 7,968,642$ 2,019,900$ 9,988,542$ Year End Balance of Reserves to Exclude Parking Garage Maintenance Reserve (49,000) - (49,000) Childcare Reserve (100,000) - (100,000) Workforce Housing Reserve (485,000) - (485,000) Facilities & Employee Housing Reserve (500,000) - (500,000) Capital Reserve - (2,019,900) (2,019,900) Prepaids and Restricted Donations Estimate (126,361) - (126,361) (1,260,361) (2,019,900) (3,280,261) Unassigned, Unrestricted Fund Balance Subject to Reserve Calculation 6,708,281 0 6,708,281 Total Expenditures 29,189,130 5,747,641 34,936,771 Less Reserve Increases (1,013,000) (1,000,000) (2,013,000) Less Transfers Out Between GF & CRF (4,297,765) - (4,297,765) Net Expenditures 23,878,365 4,747,641 28,626,006 Less Capital Expenditures General Fund (41,500) - (41,500) Community Reinvestment Fund - (3,259,376) (3,259,376) Total Capital to Exclude (41,500) (3,259,376) (3,300,876) Total Expenditures Subject to Reserve Calculation 23,836,865$ 1,488,265$ 25,325,130$ 25% Reserve Requirement 5,959,216$ 372,066$ 6,331,282$ Projected Reserve Ratio as of 12-31-2023 28.1%0.0%26.5% TOWN OF ESTES PARK 2023 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO AS AMENDED BA# 1 - 2023 Budget Amendment Page 254 General Fund Community Reinvestment Fund Total Amended Budget Total Revenues 25,009,690 5,247,641 30,257,331 Less: Capital Grants (One time funds)- 304,000 304,000 Transfers between GF & CRF - 4,297,765 4,297,765 - 4,601,765 4,601,765 Net Ongoing Revenues 25,009,690 645,876 25,655,566 Total Expenditures 29,189,130 5,747,641 34,936,771 Less: Transfers between GF & CRF 4,297,765 - 4,297,765 Less Significant One Time Expenditures: Parking Garage Maint Reserve 101-1700-417-37-99 13,000 - 13,000 Childcare Reserve 101-1900-419.37-97 100,000 - 100,000 Workforce Housing Reserve 101-1945-419-37-98 400,000 - 400,000 Facility and Employee Housing Reserve 101-1700-417.37-96 500,000 - 500,000 Capital Reserve 204-5400-544.37-95 - 1,000,000 1,000,000 Capital 41,500 3,259,376 3,300,876 1,054,500 4,259,376 5,313,876 Net Ongoing Expenditures 23,836,865 1,488,265 25,325,130 Net Ongoing Rev vs Exp 1,172,825 (842,389) 330,436 TOWN OF ESTES PARK 2023 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS BA# 1 - 2023 Budget Amendment ONGOING REVENUES VS ONGONG EXPENDITURES AS AMENDED Page 255 Fund Account #Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget 101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000$ -$ -$ -$ 101 101-1945-334.20-00 *22HSN Housing Needs Study Grant DOLA S 51,000 - - 101 101-2100-333.00-00 BVEST Bulletproof Vest Partnership Program US Dept of Justice F 1,500 6,742 6,742 101 101-2100-334.20-00 POMH23 Police Officer Mental Health DOLA S - - 35,250 35,250 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S - 5,000 5,000 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,834 - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,000 - - 101 101-2100-334.20-00 LEAF LEAF State of Colorado S 7,000 - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,625 - - 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt a State of Colorado S 5,000 - - 101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 382,547 - - 101 101-5600-333.00-00 CRRSAA Coronavirus Response & Relief Suppl CRRSSA Federal Grant F 361,017 - - 101 101-5600-333.00-00 *TR22 2022 Transit 5311 Operating Grant FTA-5311 F 51,481 35,000 35,000 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Trust Fund Donation O 5,663 - - 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Friends of the Museum Foundation O 3,337 - - 101 Total *1,035,004 46,742 35,250 81,992 * 204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - - 204 204-0000-333.00-00 BIGTHF Big Thompson Flood Mitigation DesignFEMA F 410,625 - - 204 204-0000-333.00-00 NEAHR Tactical Barricade System Project NEAHR Passthrough F - 79,000 79,000 204 204-0000-333.00-00 2043 Multi Model Transportation Plan CDOT F - 225,000 225,000 204 204-0000-334.20-00 WILL22 Willow Knolls - Birch Ruins Walkway State of Colorado S 19,491 - - 204 204-0000-334.20-00 34STDY US 34 Corridor Study CDOT S 50,000 - - 204 Total *1,230,116 304,000 - 304,000 * 220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg GOCO S 43,275 - - 220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 - - 220 Total *491,501 - - - * 236 236-0000-334.20-00 LPTOP3 Police EOC Computer Repl CDOT-RMS Grant S - - - 236 Total *- - - - * BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS Page 256 Fund Account #Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget BA# 1 - 2023 Budget Amendment TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS 244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 - - 244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 - - 244 244-0000-333.00-00 FRTR4 Fall River Trail Phase 4 MMOF Grant F - 2,000,000 2,000,000 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 - - 244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 - - 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 - - 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 - - 244 Total *1,998,745 2,000,000 - 2,000,000 * 260 260-0000-334.30-00 EPMOBH EP Mobility Hub - Visitor Center Parkin CDOT S 1,030,000 - - 260 Total *1,030,000 - - - 502 502-0000-334.30-00 TBDOLA Trailblazer Buildout- DOLA Grant DOLA S 1,190,250 - - - 502 502-0000-333.00-00 WILFRE CDS FIRE MITIGATION LINE REPL CDS (CONGRESSIONALLY DIRECTED SPENDING) F - - 785,937 785,937 502 Total *1,190,250 - 785,937 785,937 * 503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 6,547,000 - - 503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verificatio USDAGrant F 2,369,000 - - 503 503-0000-333.00-00 WUSBOR BOR Water Meter Project US BOR F 75,000 - - 503 503-0000-388.40-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan F 7,675,000 - - 503 503-0000-388.40-00 GCDOVE GC Disinfection Outreach & Verificatio USDA Loan F 4,493,000 - - 503 Total *21,159,000 - - - * 612 612-0000-333.00-00 ELTRCH Trolley Facility & Charging Station CDOT Grant F 300,800 - - 612 Total *300,800 - - - * 625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S - - - 625 625-0000-334.20-00 PHONES Phone System Upgrade CDOT-RMS S - - - 625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S - - - 625 Total *- - - - * Grand Total 28,435,416$ 2,350,742$ 821,187$ 3,171,929$ Page 257 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194$ -$ -$ -$ COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 231,532 - - MISC LAND / BUILDING ACQUISITION COSTS FACOPP 101-1700-417.32-21 NEW BUILDINGS - 1,500 1,500 FACILITY TRUCK - UTILITY BED FACTBD 101-1700-417.34-42 VEHICLES/TRUCKS 15,000 - - FACILITY & EMPL HOUSING RESERVE FACRSV 101-1700-417.37-96 FACILITY/EMPL HSNG RESERV - 500,000 500,000 PARKING GARAGE MAINTENANCE RESERVE PKGRES 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 13,000 13,000 CHILDCARE RESERVE CHCARE 101-1900-419.37-97 CHILDCARE RESERVES - 100,000 100,000 HOUSING STUDY/NEEDS ASSESSMENT *22HSN 101-1945-419.22-98 PROFESSIONAL SERVICES - OTHER 73,000 - - WORKFORCE HOUSING ASSISTANCE WFHASS 101-1945-419.29-80 WORKFORCE HSNG ASSISTANCE 415,000 - - WORKFORCE HOUSING RESERVE WFHRES 101-1945-419.37-98 WORKFORCE HSNG RESERVES 85,000 400,000 400,000 VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 - - VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 - - FALL RIVER TRAIL REPAIRS FRTREP 101-5200-452.25-52 WALKWAYS & BIKEWAYS 100,000 - - PEDESTRIAN BRIDGE REPAIRS PDBRDG 101-5200-452.25-52 WALKWAYS & BIKEWAYS 100,000 - - 2022 TRANSIT 5311 OPERATING GRANT *TR22 101-5600-456.22-60 TRANSPORTATION FEES 51,481 - - CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-13 CONTRACT/SKILLED SVCS 51,090 - - CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-60 TRANSPORTATION FEES 309,927 - - CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456-25-04 VEHICLES & EQUIP R&M 1,300 - - ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 - - COBB-MACDONALD CABIN RE-ROOF CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 - - MUSEUM LARGE FORMAT SCANNER MUSSCN 101-5700-457.33-32 OFFICE EQUIPMENT 9,000 - - *TOTAL GENERAL FUND 2,019,481 1,014,500 - 1,014,500 * WILDFIRE MITIGATION PROJECT WFMITG 204-5400-544.29-82 WILDFIRE MITIGATION - 500,000 500,000 TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 21,990 - - FACILITY OPPORTUNITY SITES - PURCHASE OPTIONS FACOPP 204-5400-544.31-11 LAND 100,000 100,000 100,000 WILLOW KNOLLS - BIRCH RUINS WALKWAY WILL22 204-5400-544.31-13 LAND IMPROVEMENTS 26,000 - - MUSEUM ANNEX FOUNDATION REPAIRS MUSANX 204-5400-544.32-22 BUILDING REMODELING 12,200 - - MUSEUM BOYD BUILDING ROOF REPLACEMENT BOYDRF 204-5400-544.32-22 BUILDING REMODELING 32,000 - - STREET SHOP REMODEL STSHOP 204-5400-544.32-22 BUILDING REMODELING 299,000 - - TREGENT RESTROOM REMODEL TREGRR 204-5400-544.32-22 BUILDING REMODELING 315,000 - - TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment Page 258 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment EVENT CENTER ARENA FOOTING RENOVATION ARNA22 204-5400-544.32-22 BUILDING REMODELING 90,128 - - EVENT COMPLEX PAVING MPECPV 204-5400-544.32-22 BUILDING REMODELING 250,000 - - PERFORMANCE PARK REFURBISHMENT PERFPK 204-5400-544.32-22 BUILDING REMODELING 200,000 - - COMMUNITY DEVELOPMENT OFFICE REMODEL COMMDV 204-5400-544.32-22 BUILDING REMODELING - 220,000 220,000 TOWN HALL RECEPTION DESK OFFICE REMODEL THRECD 204-5400-544.32-22 BUILDING REMODELING - 100,000 100,000 MUSEUM ROOF/WALL MODIFICATION MUSROF 204-5400-544.32-22 BUILDING REMODELING - 125,000 125,000 DUPLICATE REQUEST DUPLIC 204-5400-544.32-22 BUILDING REMODELING - 220,000 220,000 TOWN HALL AC UNIT REPLACEMENT - PHASE 1 & 2 ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES 440,000 - - MUSEUM HVAC REPLACEMENT MUHVAC 204-5400-544.33-31 FURNITURE/FIXTURES - - 250,000 250,000 MUSEUM LED LIGHTS CONVERSION MUSLED 204-5400-544.33-31 FURNITURE/FIXTURES - - 18,000 18,000 EVENT CENTER ACOUSTICAL PANELS ECACST 204-5400-544.33-31 FURNITURE/FIXTURES - 75,000 75,000 ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 204-5400-544.33-33 DATA PROCESSING EQUIPMENT - 537,500 537,500 EVENT CENTER PUBLIC ACCESS WIRELESS INTERNET ECWIRE 204-5400-544.33-36 COMMUNICATION EQUIPMENT 100,000 - - EVENT CENTER SECURITY CAMERA SYSTEM ECSEC 204-5400-544.33-98 EQUIPMENT-OTHER 148,500 - - MUSEUM SECURITY CAMERA SYSTEM MUSECC 204-5400-544.33-98 EQUIPMENT-OTHER - - 40,000 40,000 MUSEUM ALARM SYSTEM MUSALM 204-5400-544.33-98 EQUIPMENT-OTHER - - 24,500 24,500 BOBCAT TOOLCAT TRAIL MAINT EQUIP TOOLCT 204-5400-544.33-98 EQUIPMENT-OTHER - 70,000 70,000 COMPOST AND SOIL SCREEN SCREEN 204-5400-544.33-98 EQUIPMENT-OTHER - 25,000 25,000 STREET SWEEPER LEASE PURCHASE 23SWPR 204-5400-544.33-98 EQUIPMENT-OTHER - 313,376 313,376 WALKER RIDING MOWER FOR PARKS PKMOWR 204-5400-544.33-98 EQUIPMENT-OTHER - 21,000 21,000 TACTICAL BARRICADE SYSTEM PROJECT NEAHR 204-5400-544.33-98 EQUIPMENT-OTHER - 110,000 110,000 STORMWATER CREW PICKUP G68C 204-5400-544.34-41 AUTOMOBILES 62,381 - - NEW OFFICER PATROL CAR G158 204-5400-544.34-41 AUTOMOBILES 70,000 - - EVENTS CENTER WATER TRUCK REPLACEMENT ECWTRT 204-5400-544.34-41 AUTOMOBILES - 150,000 150,000 COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,938,244 - 180,100 180,100 COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 160,827 - - 2043 MULTI MODEL TRANSPORTATION PLAN 43MMTP 204-5400-544.35-51 STREETS - 300,000 300,000 BIG THOMPSON FLOOD MITIGATION DESIGN BIGTHF 204-5400-544.35-53 STORM DRAINAGE 550,000 - - GRAVES AVE IMPROVEMENT- SCOPE EXPANSION GRAVES 204-5400-544.35-60 WALKWAYS & BIKEWAYS 250,000 - - WONDERVIEW VILLAGE TOWNHOME SIDEWALK WVSIDE 204-5400-544.35-60 WALKWAYS & BIKEWAYS - 120,000 120,000 PURCHASE SECOND GREENHOUSE GRNHS2 204-5400-544.35-61 PARK IMPROVEMENTS - 240,000 240,000 DOWNTOWN WAYFINDING PROJECT - PHASE 1 & 2 WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 212,733 200,000 200,000 FLAP/RAMP ESTIMATED COSTS FLAP 204-5400-544.36-60 FED GRANT - FLAP 1,500,000 - - CAPITAL RESERVE CONTRIBUTION CAPRES 204-5400-544.37-95 CAPITAL RESERVES CONTRIB - 1,000,000 (180,100) 819,900 *TOTAL COMMUNITY REINVESTMENT FUND 6,779,003 4,426,876 332,500 4,759,376 * Page 259 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 - - THUMB OPEN SPACE - TRAIL IMPROVEMENTS THTIMP 211-5900-459.35-61 PARK IMPROVEMENTS - 40,000 40,000 *TOTAL CONSERVATON TRUST FUND 19,000 40,000 - 40,000 * THUMB OPEN SPACE ECOLOGICAL ASSESSMENT *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 2,080 - - THUMB OPEN SPACE ROCK FALL STUDY *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 10,000 - - BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO g PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 41,094 - - THUMB OPEN SPACE - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 - - THUMB OPEN SPACE - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 - - THUMB OPEN SPACE - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 30,240 - - CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 34,489 - - PARKS LANDSCAPING REPLACEMENT PROJECT LANDSP 220-4600-462.35-61 PARK IMPROVEMENTS - 68,900 68,900 FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 1,806,620 - - FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR - - - FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR - - - *TOTAL LARIMER COUNTY OPEN SPACE FUND 1,947,023 68,900 - 68,900 * GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 994,742 - - MACGREGOR TRAIL EXTENSION EVRPMT 244-3400-434-35-60 WALKWAYS & BIKEWAYS 17,000 - - FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 112,390 - - FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,593,750 - - FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 491,862 - - FALL RIVER TRAIL PHASE 4 MMOF GRANT FRTR4 244-3400-434.36-60 FALL RIVER TRAIL IMPR - 3,002,167 3,002,167 *TOTAL TRAILS FUND 3,209,744 3,002,167 - 3,002,167 * MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 - - PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 48,562 - - *TOTAL PARKING SERVICES FUND 51,762 - - - * Page 260 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment PINE KNOLLS DR IMPROVEMENTS PKNOLL 260-2000-420.35-51 STREETS 70,462 - - WILDFIRE ROAD IMPROVEMENTS WLDFIR 260-2000-420.35-51 STREETS 11,000 - - CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 305,663 3,000,000 3,000,000 3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 - - OVERLAY PROGRAM 2021 OVRLAY 260-2000-420.35-51 STREETS 105,116 - - OVERLAY PROGRAM 2022 OVRLAY 260-2000-420.35-51 STREETS 635,000 - - OVERLAY PROGRAM 2023 OVRLAY 260-2000-420.35-51 STREETS - 600,000 600,000 PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 11,569 220,000 220,000 EP Mobility Hub - Visitor Center Parking Lot EPMOBH 260-2000-420.35-52 PARKING LOT 1,287,000 - - FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP - - - *TOTAL STREET FUND 3,030,010 3,820,000 - 3,820,000 * TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 310,374 - - NEW P&C SHOP ON ELM ROAD - DESIGN PCSHOP 502-7001-580.32-21 BUILDINGS - 300,000 (300,000) - WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 14,404 - - P&C UPSTAIRS REMODEL PROJECT PCUPST 502-7001-580.32-22 BUILDING REMODELING 27,000 - - FIBER SHOP RENOVATON FBRSHP 502-7001-580.32-22 BUILDING REMODELING - 30,000 30,000 WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 44,773 - - ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 502-7001-580.33-33 DATA PROCESSING EQUIPMENT - 350,000 350,000 METERS ELMTR 502-7001-580.33-34 METERS 150,000 150,000 (75,000) 75,000 TRANSFORMER & TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 226,680 400,000 400,000 SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 - - VC, REPEATERS, SPARE VC CARDS EQUIP 502-7001-580.33-36 COMMUNICATION EQUIPMENT 10,000 10,000 10,000 NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 40,000 82,600 82,600 2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 - - 3 PHASE REEL TRAILER 933104 502-7001-580.33-98 OTHER EQUIPMENT 130,000 - - REPL 2013 JEEP FREEDOM 93313C 502-7001-580.33-98 OTHER EQUIPMENT 36,344 - - NEW ONE TON PICKUP 93345 502-7001-580.33-98 OTHER EQUIPMENT 75,000 - - REPL 2003 JD 310SG BACKHOE 93328B 502-7001-580.33-98 OTHER EQUIPMENT 140,000 - - REPL 2015 CHEV 3500 93338B 502-7001-580.33-98 OTHER EQUIPMENT 75,000 - - Page 261 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93319C 502-7001-580.33-98 OTHER EQUIPMENT 45,000 - - REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93335A 502-7001-580.33-98 OTHER EQUIPMENT 45,000 - - REPL 2012 FORD F-150 4X4 PICKUP 93317B 502-7001-580.34-42 TRUCKS - 60,000 60,000 STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000 40,000 SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 17,030 - - LINE REBUILD LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 313,481 - - BEAVER POINT CIRCUIT/LINE REBUILD BVRPNT 502-7001-580.35-57 POWER LINE CONSTRUCTION - 170,000 170,000 WILDFIRE MITIGATION LINE REPL - 8 SOLID WFLINE 502-7001-580.35-57 POWER LINE CONSTRUCTION - 350,000 (350,000) - CDS (CONGRESSIONALLY DIRECTED SPENDING) FIRE MITIGATION LINE REPL WILFRE 502-7001-580.35-57 POWER LINE CONSTRUCTION - - 1,060,000 1,060,000 NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 742,451 1,000,000 1,000,000 UTILITY SYSTEM MASTER PLAN UPDATE WTRMPL 502-7001-580.35-62 UT SYSTEM MASTER PLAN - 50,000 50,000 SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 3,694 - - TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 9,870,661 - - TRAILBLAZER BROADBAND CONSTRUCTION - DOLA Grant TBDOLA 502-7001-580.35-66 FIBER OPTIC INSTALL 1,190,250 - - GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 104,114 - - SMART GRID SOFTWARE/MIDDLEWARE DEVELOPMENT SMTGRD 502-7001-580.37-01 SOFTWARE DEVELOPMENT 20,000 20,000 20,000 BUDGET MODULE PROJECT BUDGET 502-7001-580.37-01 SOFTWARE DEVELOPMENT - - - UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 5,000 - - *TOTAL POWER & COMMUNICATIONS FUND 13,794,256 3,012,600 335,000 3,347,600 * GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 50,000 - - BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 59,555 - (53,255) (53,255) GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING - - - GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 183,941 - (183,941) (183,941) GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 - - ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 503-7000-580.33-33 DATA PROCESSING EQUIPMENT - 187,500 187,500 METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS - - - BOR WATER METER REPLACEMENT PROJECT WUSBOR 503-7000-580-33-34 METERS 183,390 - - SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 57,523 - - SCADA VHF REPEATER & RADIOS EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 90,893 - - TOC AUTOSAMPLER & LAPTOP ATSAMP 503-7000-580.33-37 LABORATORY EQUIPMENT 17,000 - - STORAGE TANK MIXER WTRMXR 503-7000-580.33-40 PURIFICATION EQUIPMENT 19,150 - - Page 262 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 - - SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 5,000 - - LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 30,000 - (10,000) (10,000) BULK WATER DISPENSER REPLACEMENT WTRDIS 503-7000-580.33-98 OTHER EQUIPMENT 150,000 - - EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 8,000 - - TOWABLE AIR COMPRESSOR AIRCMP 503-7000-580.33-98 OTHER EQUIPMENT - 22,000 22,000 CHEV COLORADO PICKUP 90314 503-7000-580.34-42 TRUCKS 3,345 - - JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 - - 2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 - - 2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 3,362 - - 2013 Dodge 3500 90310B 503-7000-580.34-42 TRUCKS 64,000 - - 2011 FORD EXPLORER REPL 9035B 503-7000-580.34-42 TRUCKS 31,300 - - 2012 FORD F-350 4X4 REPL 9036B 503-7000-580.34-42 TRUCKS 59,700 - - PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,589,145 - - 18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 - - NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 79,048 - - CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 95,053 - - CIP BUREAU AREA WTBRP4 503-7000-580.35-54 WATER SYSTEM 2,169,176 600,000 (216,176) 383,824 ACACIA 4" ABANDONMENT ACACA4 503-7000-580.35-54 WATER SYSTEM 29,000 - (11,000) (11,000) MARYS LAKE WTP PRETREATMENT - PHASE 1 DESIGN MLPRET 503-7000-580.35-54 WATER SYSTEM - 650,000 650,000 GLACIER CREEK STORAGE TANK GCTANK 503-7000-580.35-54 WATER SYSTEM - 1,500,000 1,500,000 GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,043,300 - - CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 500,000 (271,079) 228,921 YMCA/THUNDER MOUNTAIN PUMP HOUSE THRMTN 503-7000-580.35-54 WATER SYSTEM 217,798 - - THUNDER MOUNTAIN TANK FIBER PMTANK 503-7000-580.35-54 WATER SYSTEM 52,000 - - ROCK GRIZZLY DIRT SCREEN RCKGRZ 503-7000-580.35-54 WATER SYSTEM 21,000 - - ELKHORN WATER MAIN REPLACEMENT ELKWTR 503-7000-580.35-54 WATER SYSTEM - - 745,451 745,451 UTILITY SYSTEM MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 300,000 - - WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 69,024 - - GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 19,725 - - CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 1,797 - - WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 20,000 - - *TOTAL WATER FUND 25,216,775 3,459,500 - 3,459,500 * Page 263 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Adopted Budget Amendment 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 1 - 2023 Budget Amendment PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 400,000 - - DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 158,143 - - ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 622,780 - - *TOTAL FLEET MAINTENANCE FUND 1,180,923 - - - * NEW NETWORK SERVER NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - 60,000 60,000 SHARED NETWORK STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - 39,000 39,000 DELL SERVERS & 10 G SWITCHES & NAS STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 89,000 - - MPEC SERVER ROOM AC UNIT ACMPEC 625-2500-425.33-98 OTHER EQUIPMENT 17,500 - - *TOTAL INFORMATION TECHNOLOGY FUND 106,500 99,000 - 99,000 * POLICE G-155 CRUISER REPLACEMENT G-155A 635-7000-435.34-42 TRUCKS 64,000 - - POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 - - POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS 60,000 - - STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 - - PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 - - FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 - - POLICE CRUISER REPL G142A 635-7000-435.34-42 TRUCKS 70,000 - - POLICE CRUISER REPL G148A 635-7000-435.34-42 TRUCKS 70,000 - - POLICE CRUISER REPL G71C 635-7000-435.34-42 TRUCKS 70,000 - - PARKS FORD RANGER PICKUP G45C 635-7000-435.34-42 TRUCKS 30,000 - - PARKS 4X4 UTILITY VEHICLE G114B 635-7000-435.34-42 TRUCKS 16,000 - - PARKS 4X4 UTILITY VEHICLE G128A 635-7000-435.34-42 TRUCKS 16,000 - - PARKS VANTAGE CART REPLACEMENT G202A 635-7000-435.34-42 TRUCKS 15,288 - - 2012 GMC 3500 4X4 TRUCK REPL G-132A 635-7000-435.34-42 TRUCKS - 46,000 46,000 2010 FORD F-450 4X2 PARKS PICKUP G-22C 635-7000-435.34-42 TRUCKS - 70,000 70,000 2012 FORD EXPEDITION transferred to Summitstone for mental health co-responder G72D 635-7000-435.34-44 PD VEHICLE - - 67,290 67,290 2010 FORD EXPLORER G98A 635-7000-435.34-44 PD VEHICLE - - 66,628 66,628 2015 FORD INTERCEPTOR POLICE CRUISER G-147A 635-7000-435.34-44 PD VEHICLE - 70,000 (70,000) - *TOTAL VEHICLE REPLACEMENT FUND 793,332 186,000 63,918 249,918 * *TOTAL PROJECT RECAP 58,147,809$ 19,129,543$ 731,418$ 19,860,961$ Page 264 Events Reorganization February 2023 Executive Summary We propose to reorganize the Events Team of the Events and Visitor Services Department to more successfully and efficiently deliver customer service. This proposal is to add a Special Event Coordinator position with the funding from increasing rental fees for the O’Connor Pavilion, animal stalls, and nightly campground fee. Objectives The objective with this re-organization is to increase headcount in the Events Division by one (1) with the addition of a third Special Event Coordinator position. Present Situation: The Events Division touches around 200 events during the course of the year. This division operates seven (7) days a week, hours outside of regular business hours, and often long hours (in excess of 8 working hours in a day), depending on the events. Events are often spread across multiple Town locations (Events Complex, Bond Park, Performance Park and O’Connor Pavilion) with each event having different timetables and needs. It is becoming impossible for two Special Event Coordinators to simultaneously support and produce events with such variable working hours. We have seen events increase in number, complexity, and duration. An example of this increase is the number of rentals of O’Connor Pavilion. O’Connor pavilion had approximately 20 events in 2019 and has grown to over 50 events in 2022. Each event requires our Special Event Coordinator to work with each client to make sure all needs are met. Examples of increased numbers and complexity and duration of events are with additions of two new week-long dog shows. Again, each of these events have significant preparation and clean up time associated with them. This meant that there were no free weekends for staff from Wool Market in early June to Scotts Fest in early September. We are not anticipating this workload to diminish in the coming years as many of these events have already booked for future years. This high workload has led to turnover. Over the past seven years, we have had nine event coordinators fill the two positions with. The high volume of workload has also led to existing staff having to put in lots of overtime. For example, overtime hours were up 41% in 2022 and those hours lead to burnout and are not sustainable for our organization. Justification for Recommendation Our recommendation is that we create a new position, Special Events Coordinator position, with the cost of this new position being off-set through increase of rental prices for the O’Connor Pavilion, animal stalls, and campground. This position would report directly to the Events and Visitor Services Director and would have no direct reports (see EXHIBIT A). Increase to headcount: 1 Anticipated Increase to yearly budget: By raising these three fees, it is estimated that the revenue budget will increase by $104,542. Attachment 3 Page 265 2023 Reorganization of the Events Department -Horse stalls from $21 first night/$16 additional nights to $25/$18 - increase of $14,700 annually -Camping from $25 to $35 a night for electric/water hookups - increase of $7,342 annually -O’Connor Pavilion from $1,500 to $3,000 per day - increase of $82,500 annually By adding an additional Special Events Coordinator, the expense budget will increase by $102,227. The increases in fees started at the beginning of 2023. Note that some events had already booked their events for 2023 prior to these increases. Those events will pay the 2022 fees. We anticipate about 60% of our events this year will have the new fee structure. We will not hire a Special Event Coordinator until May or June of 2023. The Increase in revenue and expenses should be proportionate. Advantages ● Additional Special Events Coordinator can ensure more efficient operations and appropriate oversight of all events. ● Having more oversight could allow staff to work less overtime which is a cost savings. ● Increase in employee retention with staff being able to take time off during busy times of the year, which could help in addressing and preventing burnout. ● This structure with an increased headcount, helps the department to better align with the number and complexity of events and continue to provide excellent customer service. Disadvantages None Implementation Upon approval of this reorganization, we are proposing to advertise the Special Events Coordinator position as an external recruitment, with the goal to have an individual in that position by May 2023. Future Looking at 2024 to possibly make one of the Special Event Coordinator positions a lead or supervisory position. We may also bring forth in the future a proposal for additional Maintenance Workers. EXHIBIT A: Events Division Proposed New Organizational Chart Page 266 2023 Reorganization of the Events Department Events & Visitor Services Directos Sales & Marketing Manager Administrative Assistant Events Operations Supervisor Lead Events Maintenance Worker Events Maintenance Worker I/II Events Maintenance Worker I/II Events Maintenance Worker I/II Seasonal Events Maintenance Workers Special Events Coordinator Special Events Coordinator Special Events Coordinator Page 267       Page 268 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: February 28, 2023 RE: Final 2022 Strategic Plan Progress Report and Amended 2023 Strategic Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _Strategic Plan_ QUASI-JUDICIAL YES NO Objective: Town Board review of the final 2022 Strategic Plan Progress Report and consideration of an amended 2023 Strategic Plan that incorporates 2022 Strategic Plan Objectives that were not completed in 2022. Present Situation: The 2022 Strategic Plan included 47 Objectives. Of those 47 Objectives, 24 were completed in 2022. Work continues on 22 of the 23 remaining incomplete Objectives while one Objective is on hold (Apply for Safe Routes to Schools funding to implement sidewalk expansion on Graves Avenue and Community Drive to improve network connectivity with existing sidewalks on SH7, Community Drive, and Brodie Avenue). Significant and extended staffing vacancies in 2022 are the root cause of delay for the majority of the incomplete Objectives. Details on the status of these incomplete Objectives can be found in the “Comments” section of the Final 2022 Strategic Plan Progress Report. Proposal: In order to better track completion status of Town Board Objectives, staff has amended the Strategic Planning process to include a final report on the prior year’s Strategic Plan and a formal amendment of the current year Strategic Plan to incorporate any Objectives that were not completed in the prior year. To that end, the proposed amended 2023 Strategic Plan is attached. These edits incorporate incomplete 2022 Objectives into the 2023 Strategic Plan. Proposed revisions are presented in red text. Staff is recommending that the Board drop the Objective to “[a]pply for Safe Routes to Schools (SRTS) funding to implement sidewalk expansion on Graves Avenue and Community Drive to improve network connectivity with existing sidewalks on SH7, Community Drive, and Brodie Avenue. The 2022 call for SRTS grant applications was Page 269 issued with grant applications due in early November 2022. Staff did not submit an application due to extended civil engineer and grant specialist vacancies, other pending grant applications, and other workload demands on existing civil engineering staff and the new Grant Specialist. Staff anticipates that the next call for applications is will take place in 2024. The current draft CIP for 2023-2027 identifies this project to be designed in 2024 and constructed in 2025. Advantages: •Provides a final accounting of 2022 Strategic Plan progress. •Ensures tracking and completion of 2022 Town Board Strategic Objectives. •Allows the Town Board to confirm that the 2022 Objectives that have not yet been completed are still priorities. Disadvantages: •The presence of carry-over Objectives indicates that staff was not successful at fully implementing the Town Board’s Strategic Plan in 2022. Action Recommended: Staff recommends approval of the amended 2023 Strategic Plan. Finance/Resource Impact: N/A Level of Public Interest Medium Sample Motion: I move for the approval/denial of the amended 2023 Strategic Plan as presented. Attachments: 1.Final 2022 Strategic Plan Progress Report 2.Summary of Carry-Over Objectives 3.Amended 2023 Strategic Plan Page 270 1 2022 Town of Estes Park Strategic Plan Progress Report Final Responsible On Behind Hold/Done*% KEY OUTCOME AREAS Party Track Schedule tabled Complete Comments EXCEPTIONAL GUEST SERVICES - We are a preferred Colorado mountain destination providing an exceptional guest experience. Develop a new Town event to attract a new audience.Rob Hinkle 100%Events Department has developed a new event for January 2024. The First Peoples Festival will be held at the Event Center January 13-14, 2024. Explore ways to use the Visitor Center to help promote current events in Estes Park.Rob Hinkle 100%Will promote Town Events with back drop decor photo opportunites in the Visitor Center Develop an arena maintenance plan/fund for the Events Complex.Rob Hinkle 100% A total rennovation (base and footing) should happen every 5-8 years, depending on weather and usage. We have put the arenas on a rotation (Main Arena, Arenas 1-3, Arena 4 and Arena 5. All of these have been renovated in the last 7 years. There is money in the maintenance budget for general work each year (Additional sand or leveling). Shore up Museum Annex Foundation. Jason Damweber 100%Completed in January 2022. Final inspection letter has been submitted to the Building Division in order to finalize the permit. Update the conceptual design and cost estimates for the Stall Barns and develop a plan to fund the improvement.Rob Hinkle 25%Researching the 2019 Master Plan. This will need funding that was not included in the 2022 budget. Staff will bring forward an amendment in 2023 to fund this work. This objective will need to be carried over to 2023. Work with Visit Estes Park to develop a website page specific to Visitor Services for easy access to Visitor Services Guest Information Guides and other information useful to guests. Rob Hinkle 100% Visitor Services and Visit Estes Park came to the same conclusion that a creation of a page specific to Visitor Services would be redundant information. This information is already represented on VisitEstesPark.com and there is no benefit to duplicating with another page. Visit Estes Park does have copies of all our documents and will cross reference to ensure all of the most current information is represented on the website. GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - We provide high quality support for all municipal services. Evaluate the structure of Public Art for the Town of Estes Park and make recommendations. Greg Muhonen (Kevin M) 100% Public art advisory board proposal was discussed with the Town Board at the February 8th study session. Staff recommendation is for no further action until new staff resource is identified. Estes Arts District has indicated that it is willing to take the lead on creating an Arts Master Plan. Implement top priority language translation tasks for public outreach materials and/or services based on the internal evaluation of translation gaps in 2021.Kate Miller 100%The PIO-led Public Engagement Team developed a Language Access Plan (LAP).The plan will be implemented in 2023 and refined/expanded each year as needed. Evaluate the effectiveness of the central reception pilot program at Town Hall.Travis Machalek 100%Funding included in the 2023 Budget to fund design costs associated with central reception concept. Establish an initial set of Performance Measures for each department and develop centralized tool for tracking measures. Jason Damweber 100%Measures developed for each department and tracking tool implemented. Implement top priority process improvement tasks based on the recommendations of the internal task team.Travis Machalek Ongoing Process mapping has been identified as the highest priority process improvement task. The task team is currently mapping a selection of existing processes to identify areas of potential waste. Specifically, they are focused on improving the "new employee forms" process. A second high-priority process improvement task is the celebration of the process improvement "wins" that resulted from the Town's "Business Transformation Document" which was created at the beginning of the pandemic. Execute contract to scan and archive existing invoices. Duane Hudson 0%On hold until the invoice database is created as part of the laserfiche electronic invoice approval project which is still ongoing. This objective will need to be carried over to 2023. Replace existing firewalls, conduct regular penetration tests, and enhance training and education for staff.Jason Damweber 100%New firewalls are installed. Malware prevention software has been updated. KnowBe4 phishing tests and training in progress. IT is in the process of selecting a vendor for penetration test. Evaluate ransomware risk and develop a mitigation plan.Jason Damweber 75% "Hardened" backups in place; new servers installed; still need to update mitigation plan with current backup documentation. This was not completed in 2022 because staff needs to finalize server infrastructure prior to development of a formal plan (and because 2 of 5 positions were vacant for most of the year). This objective will need to be carried over to 2023. INFRASTRUCTURE - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Consider implementing the recommendations of the Environmental Sustainability Task Force to support renewable energy and storage sources for use by the Town and by individual residents. Reuben Bergsten/Jason Damweber 100% Implementation considered and worked into the 2023 Strategic Plan. Implementation underway. Develop and implement an annual budget contribution mechanism for facility expansion needs as identified in the Facilities Master Plan.Duane Hudson 100% For the 2023 budget development process, this has been combined with the Employee Housing Reserve for future captial projects around facilities, including employee housing. Contribution to this reserve will be an annual budget allocation. In addition, another $100,000 is included in the 2023 budget making a total of $200,000 available to acquire purchase options on parcels of land for future facilities. Install Phase 2 Town Hall Variable Refrigerant Flow cooling units.Greg Muhonen (Robert S)0%Bidding expected in Q1 and construction expected Q2 2023. This objective will need to be carried over to 2023. Develop, fund, and implement a stormwater drainage system maintenance program.Greg Muhonen (David H)60% The adopted 2022 Budget included funding for the stormwater maintenance program (3-person crew, equipment, and materials). The three new stormwater positions were filled. A Stormwater Drainage System Maintenance Policy draft document has been completed and submitted to Public Works leadership for review. This objective will need to be carried over to 2023. Pursue grant funding for private and/or public flood mitigation projects.Greg Muhonen (David H)100%The Town was awarded a scoping grant for a potential flood mitigation project on the Big Thompson River. Awareness and action on grant application opportunities is ongoing. Develop a funding proposal to expand stormwater infrastructure and maintenance through a stormwater utility. Greg Muhonen (David H)75%A joint TB and BCC Study Session meeting occurred on 8/19/22 with positive feedback. The next joint Study Session is scheduled for 3/22/23 to continue the discussion.This objective will need to be carried over to 2023. Initiate discussions with the Colorado Water Conservation Board and FEMA regarding the process and costs of participating in the CRS program. Greg Muhonen (David H)100% PW staff participated in a FEMA presentation and CRS committee webinar on Feb 1, 2022, about the program. PW staff attended FEMA-led CRS participation training May 9-12 and discussed the CRS program with CWCB and FEMA at the Community Assistance Visit June 16-17. A one-page summary of current findings was prepared earlier this month. Attachment 1 Page 271 2 2022 Town of Estes Park Strategic Plan Progress Report Final Responsible On Behind Hold/Done*% KEY OUTCOME AREAS Party Track Schedule tabled Complete Comments OUTSTANDING COMMUNITY SERVICES - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing avaialble for all segments in our community. Negotiate Development Agreement with AmericaWest for workforce housing on the Fish Hatchery site. Jason Damweber 80% Property rezoned. Subdivision application in process. Working through draft Development Agreement and Ground Lease. This objective was not completed in 2022 because economic circumstances presented challenges with respect to the development partner's financing of the project. We believe we are very close to resolution on these issues. This objective will need to be carried over to 2023. Evaluate additional funding streams for the workforce housing reserve fund.Jason Damweber 100% Vacation Home Workforce Housing Regulatory Linkage Fee was adopted earlier this year (and is being scheduled for re- consideration in the coming month). Advocated for passage of HB22-1117, which enabled voters to consier and approve Ballot Issue 6E. Staff will continue to follow new grant opportunities being offered by other levels of government. Team with community stakeholders to create and adopt a Management Plan for the Thumb Open Space.Greg Muhonen (Kevin M)100%The management plan is complete. Complete new Comprehensive Plan in concert with Town and Larimer County stakeholders.Jessica Garner 100%The new Comprehensive Plan was approved by the Town Board on December 6, 2022. Complete the Americans with Disabilities Act Transition Plan. Greg Muhonen (Robert S)55%Underway by Mile High ADA Consultants. Completion expected March 2023. This objective will need to be carried over to 2023. Pursue "right of first refusal" purchase options on the top three opportunity sites identified in the Facilities Master Plan. Greg Muhonen (Robert S)0%Work expected to commence Q3 2023. This objective will need to be carried over to 2023. PUBLIC SAFETY, HEALTH, AND ENVIRONMENT - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Create a fact sheet for residents and businesses that provides information and steps to follow for adding solar options to buildings. Reuben Bergsten 100%This has been published on the Town's website within the P&C webpage: https://estespark.colorado.gov/solarpower Develop and implement a plan to make the Rooftop Rodeo concessions and hospitality functions zero-waste. Rob Hinkle 25% A plan was developed for 2022 and will be implemented in 2023. Several factors including availability of supplies were a factor in not implementing this year. This will be a high priority for 2023. This objective will need to be carried over to 2023. Adopt the 2021 International Code Council Building Code updates, including the International Property Maintenance Code. Jessica Garner 60% The Chief Building Official discussed the Code updates generally with the Town Board in Fall 2022, implementation planned for early 2023. BAC letter concerning their position on proposed updates was received in late January. Staff presented an update at a study session on January 24th. Anticipating this to go to the Board in February/March 2023. This objective will need to be carried over to 2023. Implement Phase 3 of the Security Camera Project to address the needs of the Event Center and the associated parking area.Greg Muhonen (Robert S)0% Met with InteConnect in December 2022. Fee proposal requested to establish updated cost. Scope expanded to include 2024 vision for activity monitoring cameras on Elkhorn at US36, Riverside, Moraine. RFP or sole-source justification needed prior to commencing work. This objective will need to be carried over to 2023. Complete Community Planning Assistance for Wildfire (CPAW) process and begin implementation of recommendations. Jessica Garner 40% Staff reconvened the group in January 2023 after the Comprehensive Plan was completed to determine what elements will be included in the Development Code rewrite and what needs to be implemented sooner. MOU needs to be brought back to the Board in February 2023. This objective will need to be carried over to 2023. ROBUST ECONOMY - We have a diverse, healthy year-round economy. Work with the Estes Park Economic Development Corporation (EDC) to re-establish the EDC Code Committee. Travis Machalek 100% The EDC has re-established this committee and is filling out committee membership. TA Machalek spoke to the EDC Board on 10/27 about the importance of participating in this committee, especially with the Development Code Update coming up in 2023. TOWN FINANCIAL HEALTH - We will maintain a strong and sustainable financial condition, balancing expendiutres with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Develop a plan to replace the 1992 financial accounting system, including both financial and staffing considerations.Duane Hudson 100% The Decision Package in the 2023 budget outlines the plan to replace the current accounting system. The needs assessment for development of the ERP request for proposals is currently underway and expected to be issued within a few weeks with engagement of the consultant expected to be compelted by the end of 2022. See the planning timeline in the 2023 budget decision package. Review and propose updates to Planning Division fees.Jessica Garner 10% Due to issues with the current fee structure, staff will engage a consultant to help with research as staff is unable to complete this work currently due to overall workload. Staff received a scope of work from Ayres Associates and is working through the contracting process. The project timeline is estimated to run from February to June. This objective will need to be carried over to 2023. TRANSPORTATION - We have safe, efficient, and well-maintained multi-modal transportation systems for pedestrians, cyclists, motorists, and transit riders. Complete the design and public outreach for the Cleave Street Improvement. Confirm community support and alignment with the updated Comprehensive plan prior to commencing construction. Greg Muhonen (David H)60% Design expected to be 100% complete by mid-March. Utility relocation coordination underway. Easement acquisition is required prior to advertising for construction and this effort is expected to begin in February. Broad public outreach was conducted prior to and in the early stages of project design and is expected to continue on a more individual stakeholder basis as the project moves into final design. Staff are evaluating the potential for a small category (up to $250K) Revitalizing Main Streets Grant that could offset some of the project amenity costs. Currently, the project is on schedule for fall construction. This objective will need to be carried over to 2023. Develop, fund, and implement a public trail maintenance program.Greg Muhonen (David H)10% The adopted 2022 Budget includes $100k for trail maintenance. Coordination between PW divisions is underway to develop an implementation plan. A consultant has been brought on-board to prepare bidding documents for some 'low hanging fruit' and to assist with program development. Implementation is anticipated in Q1, 2023. This objective will need to be carried over to 2023. Page 272 3 2022 Town of Estes Park Strategic Plan Progress Report Final Responsible On Behind Hold/Done*% KEY OUTCOME AREAS Party Track Schedule tabled Complete Comments Complete the design, bid package, and construction of the Fall River Trail segment funded by the MMOF and TAP grants.Greg Muhonen (David H)60% Final design is complete. Bids were opened in October and were $850k over our budget. Additional funding was approved by the Town Board in November. A pre-construction conference is scheduled for Dec 12. A Notice to Proceed is expected to be issued shortly. The work will be completed concurrently with the reconstruction of the RMNP Fall River Entrance Station at RMNP. This objective will need to be carried over to 2023. Pursue grant funding opportunities for construction of future segments of the Fall River Trail.Greg Muhonen (David H)92% The 2022 effort to pursue grant funding is ongoing. Staff submitted a grant application in early June for FRT funding from the MulitModal Opportunities Fund; a formal award letter was received in Nov. Staff is working on preparing grant applications for funding from CPW (LWCF, NMF). A call for grant applications from CDOT (TAP) is expected in Jan 2023. This objective will need to be carried over to 2023. If funded, construct the Phase 1 roundabout improvements on US36 to accommodate safe access at Community Drive.Greg Muhonen 60%Final design is complete. CDOT concurrance to award has been received. Construction is anticipated March through mid-June, 2023. This objective will need to be carried over to 2023. Partner with CDOT to complete a corridor study for US 34 between Wonderview Avenue and Steamer Dr to include pedestrian, shuttle and general traffic accommodations, and options for direct access from US 34 to the parking structure. Greg Muhonen 0% Staff have reviewed recent MMTPs from Boulder, Steamboat Springs, Durango, Loveland, Denver, Thornton, Winter Park, Firestone and Lafayette for format and content. RFP posting is anticipated in Q1 2023. This objective will need to be carried over to 2023. Evaluate and refine the seasonal paid parking program (Phase 2 of the Downtown Parking Management Plan) implemented in 2021.Greg Muhonen (Vanessa S)100% Refinements developed by staff (Town, VEP and Chamber) and stakeholders (Downtown Parking Task Force) were presented to the Town Board on April 12. All recommendations were implemented prior to the start of the 2022 season on May 27. Town and The Car Park staff will continue to monitor and refine the program throughout the summer. 2022 program results and recommendations for 2023 will be shared with TAB on 10/19 and the Town Board on 10/25. Partner with CDOT to explore expansion of Bustang to Estes service to include both the US 36 and US 34 corridors.Greg Muhonen (Vanessa S)35% Bustang provided service to Estes in 2022 via US36. New service via US34 is supported by the Transportation Commissioner representing Larimer County. CDOT will evaluate the 2022 Bustang service performance on US36 before committing to this expanded service. Study Session held on 2/14/2023 with Larimer County and NFRMPO representatives to discuss regional transportation along the US34 Corridor. This objective will need to be carried over to 2023. Create a new brand for Estes Transit and complementary strategic marketing plan to increase transit ridership.Greg Muhonen (Vanessa S)45% The project was kicked off in early November and work plan finalized to implement the plan before the 2023 guest season. The consultant team held focus groups on December 12 and 13, and completed an initial visioning session with TAB on December 21. This project will wrap up in Q2 2023. This objective will need to be carried over to 2023. Increase use of charging stations and electric vehicle tourism. Greg Muhonen (Vanessa S)100% This item is now being tracked and shared along with seasonal paid parking KPIs in the weekly PW update. To date, EV charging station usage is up over 2021. PW has also served as a resource to private businesses and nonprofit organizations looking to expand their EV charging station offerings in Estes Park. Put the second electric trolley into service.Greg Muhonen (Vanessa S)100%The vehicle was received on 11/18 and is currently in service. Reimbursement paperwork was completed, the vehicle has been titled and grant closeout is now in CDOT's hands. Apply for Safe Routes to Schools funding to implement sidewalk expansion on Graves Avenue and Community Drive to improve network connectivity with existing sidewalks on SH7, Community Drive, and Brodie Avenue. Greg Muhonen (David H)0% The 2022 call for SRTS grant applications was issued with grant applications due in early Nov 2022. Staff declined submitting an application due to extended civil engineer and grant specialist vacancies, other pending grant applications, and other workload demands on existing civil engineering staff and the new Grant Specialist (started work Sep 2022). The next call is anticipated to be in 2024. The current draft CIP for 2023-2027 identifies this project to be designed in 2024 and constructed in 2025. * for multi-year projects, DONE refers to the portion of the project planned for the current year. Page 273 1 2022 Town of Estes Park Strategic Plan Summary of Carry-Over Objectives Responsible On Behind Hold/Done*% KEY OUTCOME AREAS Party Track Schedule tabled Complete Comments EXCEPTIONAL GUEST SERVICES - We are a preferred Colorado mountain destination providing an exceptional guest experience. Update the conceptual design and cost estimates for the Stall Barns and develop a plan to fund the improvement.Rob Hinkle 25%Researching the 2019 Master Plan. This will need funding that was not included in the 2022 budget. Staff will bring forward an amendment in 2023 to fund this work. This objective will need to be carried over to 2023. GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - We provide high quality support for all municipal services. Execute contract to scan and archive existing invoices. Duane Hudson 0%On hold until the invoice database is created as part of the laserfiche electronic invoice approval project which is still ongoing. This objective will need to be carried over to 2023. Evaluate ransomware risk and develop a mitigation plan.Jason Damweber 75% "Hardened" backups in place; new servers installed; still need to update mitigation plan with current backup documentation. This was not completed in 2022 because staff needs to finalize server infrastructure prior to development of a formal plan (and because 2 of 5 positions were vacant for most of the year). This objective will need to be carried over to 2023. INFRASTRUCTURE - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Install Phase 2 Town Hall Variable Refrigerant Flow cooling units.Greg Muhonen (Robert S)0%Bidding expected in Q1 and construction expected Q2 2023. This objective will need to be carried over to 2023. Develop, fund, and implement a stormwater drainage system maintenance program.Greg Muhonen (David H)60% The adopted 2022 Budget included funding for the stormwater maintenance program (3-person crew, equipment, and materials). The three new stormwater positions were filled. A Stormwater Drainage System Maintenance Policy draft document has been completed and submitted to Public Works leadership for review. This objective will need to be carried over to 2023. Develop a funding proposal to expand stormwater infrastructure and maintenance through a stormwater utility. Greg Muhonen (David H)75%A joint TB and BCC Study Session meeting occurred on 8/19/22 with positive feedback. The next joint Study Session is scheduled for 3/22/23 to continue the discussion.This objective will need to be carried over to 2023. OUTSTANDING COMMUNITY SERVICES - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing avaialble for all segments in our community. Negotiate Development Agreement with AmericaWest for workforce housing on the Fish Hatchery site. Jason Damweber 80% Property rezoned. Subdivision application in process. Working through draft Development Agreement and Ground Lease. This objective was not completed in 2022 because economic circumstances presented challenges with respect to the development partner's financing of the project. We believe we are very close to resolution on these issues. This objective will need to be carried over to 2023. Complete the Americans with Disabilities Act Transition Plan. Greg Muhonen (Robert S)55%Underway by Mile High ADA Consultants. Completion expected March 2023. This objective will need to be carried over to 2023. Pursue "right of first refusal" purchase options on the top three opportunity sites identified in the Facilities Master Plan. Greg Muhonen (Robert S)0%Work expected to commence Q3 2023. This objective will need to be carried over to 2023. PUBLIC SAFETY, HEALTH, AND ENVIRONMENT - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Develop and implement a plan to make the Rooftop Rodeo concessions and hospitality functions zero-waste. Rob Hinkle 25% A plan was developed for 2022 and will be implemented in 2023. Several factors including availability of supplies were a factor in not implementing this year. This will be a high priority for 2023. This objective will need to be carried over to 2023. Adopt the 2021 International Code Council Building Code updates, including the International Property Maintenance Code. Jessica Garner 60% The Chief Building Official discussed the Code updates generally with the Town Board in Fall 2022, implementation planned for early 2023. BAC letter concerning their position on proposed updates was received in late January. Staff presented an update at a study session on January 24th. Anticipating this to go to the Board in February/March 2023. This objective will need to be carried over to 2023. Implement Phase 3 of the Security Camera Project to address the needs of the Event Center and the associated parking area.Greg Muhonen (Robert S)0% Met with InteConnect in December 2022. Fee proposal requested to establish updated cost. Scope expanded to include 2024 vision for activity monitoring cameras on Elkhorn at US36, Riverside, Moraine. RFP or sole-source justification needed prior to commencing work.. This objective will need to be carried over to 2023. Complete Community Planning Assistance for Wildfire (CPAW) process and begin implementation of recommendations. Jessica Garner 40% Staff reconvened the group in January 2023 after the Comprehensive Plan was completed to determine what elements will be included in the Development Code rewrite and what needs to be implemented sooner. MOU needs to be brought back to the Board in February 2023. This objective will need to be carried over to 2023. TOWN FINANCIAL HEALTH - We will maintain a strong and sustainable financial condition, balancing expendiutres with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Review and propose updates to Planning Division fees.Jessica Garner 10% Due to issues with the current fee structure, staff will engage a consultant to help with research as staff is unable to complete this work currently due to overall workload. Staff received a scope of work from Ayres Associates and is working through the contracting process. The project timeline is estimated to run from February to June. This objective will need to be carried over to 2023. TRANSPORTATION - We have safe, efficient, and well-maintained multi-modal transportation systems for pedestrians, cyclists, motorists, and transit riders. Attachment 2 Page 274 2 2022 Town of Estes Park Strategic Plan Summary of Carry-Over Objectives Responsible On Behind Hold/Done*% KEY OUTCOME AREAS Party Track Schedule tabled Complete Comments Complete the design and public outreach for the Cleave Street Improvement. Confirm community support and alignment with the updated Comprehensive plan prior to commencing construction. Greg Muhonen (David H)60% Design expected to be 100% complete by mid-March. Utility relocation coordination underway. Easement acquisition is required prior to advertising for construction and this effort is expected to begin in February. Broad public outreach was conducted prior to and in the early stages of project design and is expected to continue on a more individual stakeholder basis as the project moves into final design. Staff are evaluating the potential for a small category (up to $250K) Revitalizing Main Streets Grant that could offset some of the project amenity costs. Currently, the project is on schedule for fall construction. This objective will need to be carried over to 2023. Develop, fund, and implement a public trail maintenance program.Greg Muhonen (David H)10% The adopted 2022 Budget includes $100k for trail maintenance. Coordination between PW divisions is underway to develop an implementation plan. A consultant has been brought on-board to prepare bidding documents for some 'low hanging fruit' and to assist with program development. Implementation is anticipated in Q1, 2023. This objective will need to be carried over to 2023. Complete the design, bid package, and construction of the Fall River Trail segment funded by the MMOF and TAP grants.Greg Muhonen (David H) 60% Final design is complete. Bids were opened in October and were $850k over our budget. Additional funding was approved by the Town Board in November. A pre-construction conference is scheduled for Dec 12. A Notice to Proceed is expected to be issued shortly. The work will be completed concurrently with the reconstruction of the RMNP Fall River Entrance Station at RMNP. This objective will need to be carried over to 2023. Pursue grant funding opportunities for construction of future segments of the Fall River Trail.Greg Muhonen (David H)92% The 2022 effort to pursue grant funding is ongoing. Staff submitted a grant application in early June for FRT funding from the MulitModal Opportunities Fund; a formal award letter was received in November. Staff is working on preparing grant applications for funding from CPW (LWCF, NMF). A call for grant applications from CDOT (TAP) is expected in Jan 2023. This objective will need to be carried over to 2023. If funded, construct the Phase 1 roundabout improvements on US36 to accommodate safe access at Community Drive.Greg Muhonen 60%Final design is complete. CDOT concurrance to award has been received. Construction is anticipated March through mid-June, 2023. This objective will need to be carried over to 2023. Partner with CDOT to complete a corridor study for US 34 between Wonderview Avenue and Steamer Dr to include pedestrian, shuttle and general traffic accommodations, and options for direct access from US 34 to the parking structure. Greg Muhonen 0% Staff have reviewed recent MMTPs from Boulder, Steamboat Springs, Durango, Loveland, Denver, Thornton, Winter Park, Firestone and Lafayette for format and content. RFP posting is anticipated in Q1 2023. This objective will need to be carried over to 2023. Partner with CDOT to explore expansion of Bustang to Estes service to include both the US 36 and US 34 corridors.Greg Muhonen (Vanessa S)35% Bustang provided service to Estes in 2022 via US36. New service via US34 is supported by the Transportation Commissioner representing Larimer County. CDOT will evaluate the 2022 Bustang service performance on US36 before committing to this expanded service. Study Session held on 2/14/2023 with Larimer County and NFRMPO representatives to discuss regional transportation along the US34 Corridor. This objective will need to be carried over to 2023. Create a new brand for Estes Transit and complementary strategic marketing plan to increase transit ridership.Greg Muhonen (Vanessa S)45% The project was kicked off in early November and work plan finalized to implement the plan before the 2023 guest season. The consultant team held focus groups on December 12 and 13, and completed an initial visioning session with TAB on December 21. This project will wrap up in Q2 2023. This objective will need to be carried over to 2023. Apply for Safe Routes to Schools funding to implement sidewalk expansion on Graves Avenue and Community Drive to improve network connectivity with existing sidewalks on SH7, Community Drive, and Brodie Avenue. Greg Muhonen (David H)0% The 2022 call for SRTS grant applications was issued with grant applications due in early Nov 2022. Staff declined submitting an application due to extended civil engineer and grant specialist vacancies, other pending grant applications, and other workload demands on existing civil engineering staff and the new Grant Specialist (started work Sep 2022). The next call is anticipated to be in 2024. The current draft CIP for 2023-2027 identifies this project to be designed in 2024 and constructed in 2025. Page 275 Revised 02/28/2023 (R1) KEY OUTCOME AREA STRATEGIC POLICY STATEMENTS GOALS (MULTI-YEAR)OBJECTIVES (ONE-YEAR) 1. We value broad collaboration in providing exceptional guest services, including, but not limited to working with organizations such as Visit Estes Park, the Economic Development Corporation, the Chamber of Commerce, the National Park Service, and other organizations representing business and commerce. 2.A. Develop events that attract guests to Town in the winter and shoulder seasons as well as mid-week events. 2.B.1 - Implement a plan to activate Bond Park events in different locations in Town to help spread the audience throughout town. 2.B. Continue to develop and attract diverse events and audiences. 2.B.2 - Explore broader event economic impact analysis for all events the Town produces and hosts. 2. We provide high-quality events that attract guests to the Town. 3.A. Work with public- and private-sector entities to encourage additional town destination opportunities for guests, particularly in case visitation limits in the National Park or elsewhere remain a factor. 2.B.3 - Explore a partnership with Visit Estes Park to develop a visitor experience data strategy. 4.A. Continue to monitor and adjust marketing focus to events that are branded to and successful in Estes Park. 5.1 - Design and implementation of the Event Center reverberation project. 3. We strive to balance the impacts of visitation with the needs and quality of life of our residents and our key outcome areas. 5.A. Implement the 2019 Stanley Park Complex Master Plan projects at the Events Complex. 6.A.1 - Implement a Guest Service (Service Elevated) Training for volunteers in the Visitor Center. 5.B. Maintain a high level of arena footing for horse shows and rodeos at the Events Complex. 2022 Carry Over 1 - Update the conceptual design and cost estimates for the Stall Barns and develop a plan to fund the improvement. 4. We make data-driven decisions in serving our guests and residents using up-to-date and relevant data.6.A. Implement the Visitor Services Strategic Plan. 6.B. Visitor Services will work with Visit Estes Park on developing and implementing ways to introduce new technology to help educate and entertain guests at the Visitor Center. 5. We value a well-maintained Stanley Park Complex. 6. The Town contributes to an exceptional guest experience through a high-quality Visitor Services Division. Town of Estes Park 2023 Strategic Plan Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park 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. THERE IS NO RANK-ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY. Exceptional Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience. Attachment 3 Page 276 7. We should balance the events we have in Town to be compatible with the character of Estes Park. 8. We work to address the complications created by increased visitation with regard to our ability to ensure an exceptional guest experience. 1. We will maintain a well-trained and educated Town Staff.1.A. Implement Human Resources Strategic Plan. 4.1 - Develop funding strategies to support local organizations' investments in Diversity, Equity, and Inclusion (DEI) efforts. 2.A. Complete updates to compensation model to keep Town employee wages competitive with our market. 5.1 - Formalize and codify an objective way to increase or decrease Town Board compensation moving forward. 2. We will attract and retain high-quality staff by being an employer of choice, including offering highly competitive benefits and wages. 3.A. Ensure adequate grant writing capacity as the current grant resources shift in time allocation. 5.2 - Explore providing services at public meetings that reduce participation barriers for members of our community with specialized communication needs. 4.A. Explore options to improve the Town's ability to ensure diverse membership representation on Boards and Commissions. 2022 Carry Over 1 - Execute contract to scan and archive existing invoices. 3. We will match service levels with the resources available to deliver them. 5.A. Conduct a community survey biennially in odd years to measure our performance and community preferences.2022 Carry Over 2 - Evaluate ransomware risk and develop a mitigation plan. 5.B. Evaluate inclusivity of Town community engagement processes. 4. We will strive to ensure that the membership of our Boards and Commissions reflects the diversity of the community. 7.A. Implement a Town performance management system including appropriate measures. 7.B. Develop an organizational culture that encourages continuous process improvement. 5. We strive to gain meaningful input and participation from all community members. 7.C. Upon completion of the electronic invoice approval process in Laserfiche, begin the process of converting the existing invoice archives into images within this same Laserfiche database. 9.A. Minimize risk of becoming a victim of cybersecurity threats. 6. We prioritize and support a culture of customer service throughout the organization. 10.A. We will continually evaluate the functionality of our website to ensure it serves the needs of our customers. 7. We support a culture of continuous improvement in our internal processes and service delivery. 8. We operate with transparency, maintaining open communication with all community members. Governmental Services and Internal Support - We provide high-quality support for all municipal services. Page 277 9. We will monitor for, and protect against, cybersecurity threats. 10. We will maintain a robust transparent, and user-friendly public-facing website. 1. We will ensure water service reliability and redundancy. 1.A. By 2026, increase raw water supply security and redundancy by obtaining new raw water from the Big Thompson River.1.A.1 - Update the Water Master Plan. 1.B. By 2026, improve water accountability by decreasing overall treated water demand (per capita) through loss reduction.1.B.1 - Develop a Water Audits and Loss Control Program. 2. We will ensure high quality, reliable, and sustainable electric distribution service. 1.C. Develop a dedicated water distribution crew with the knowledge skills and ability for capital construction projects capable of replacing one (1) mile of pipe per year. 1.C.1 - Make funding and staffing plan for a capital construction projects crew. 3.A. Increase/enhance renewable energy sources and storage in concert with PRPA's transition plan and advocate for achieving the 2030 noncarbon energy goal on schedule. 3.A.1 - Review PRPA's transition plan to the 2030 noncarbon energy goal and provide constructive feedback that is reflective of the Town's philosophy. 3. We will encourage and support renewable energy sources and storage. 3.B. Establish guidance for the expanded placement of Evehicle and Ebike chargers at appropriate locations within Estes Park. 3.A.2 - Begin implementing the recommendations of the Environmental Sustainability Task Force to support renewable energy and storage sources for use by the Town and by individual residents in concert with PRPA. 4.A. Evaluate the service condition, safety, functionality, accessibility and land use restrictions of our 32 public buildings using a data-driven approach and document the outcomes in a Facilities Master Plan. 3.B.1 - Assist the Town Board with determination of a guiding policy regarding the Town and private-sector roles in implementing the Electric Vehicle Infrastructure & Readiness Plan. 4. We will ensure that our facilities are well-maintained and meet the needs of Town Departments and the community. 4.B. Upgrade the quality, function and safety of the 5 busiest public facilities, to exceed the expectations of our guests by 2025. 4.C.1 - Install Phase 2 Town Hall Variable Refrigerant Flow cooling units. (2022 Objective Carryover) 4.C. Pursue energy conservation projects that improve the efficiency of our buildings.4.D.1 - Continue the process of moving the Police Department out of Town Hall. 4.D. Develop a strategy and funding source for Town facility site acquisitions as identified in the Facilities Master Plan. 4.D.2 - Develop and implement an annual budget contribution mechanism for facility expansion needs as identified in the Facilities Master Plan. (2022 Objective Carryover) 5. We will be proactive in our approach to mitigating flood risks including pursuing the implementation of the Stormwater Master Plan. 5.A. Upgrade and maintain our stormwater collection system to reduce the risk of flooding and damage to public and private property. 4.D.3 - Pursue purchase options on the top opportunity sites needed to implement the Facilities Master Plan recommendations. (2022 Objective Carryover) 5.B. Pursue flood mitigation initiatives to reduce flood risk and increase public safety. 5.A.1 - Pursue grant funding for private and/or public flood mitigation and stormwater projects. Infrastructure - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Page 278 6. We will ensure access to high-speed, high-quality, reliable Trailblazer Broadband service. 5.C. Evaluate implementation options for a Stormwater Utility for the Estes Valley. 5.B.1 - Develop a funding proposal to expand stormwater infrastructure and maintenance through the creation of a stormwater utility. (2022 Objective Carryover) 5.D. Explore the Community Rating System (CRS) program as a way to minimize flood insurance costs to the community. 7.A.1 - Work with PRPA to develop an implementation plan to support our noncarbon goal. 7. We will partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix by 2030. 6.A. We will complete construction of a broadband over fiber optic cable network for customers in the electric service area by 2024. 2022 Carry Over 1 - Develop, fund, and implement a stormwater drainage system maintenance program. 7.A. Participate in PRPA's carbon-to-renewable transition plan as an owner community. 1. We will support a wide range of housing opportunities with a particular focus on workforce housing. 1.A. Allocate portion of excess revenue to workforce housing reserve fund. 1.1 - Consider the adoption of the Housing Needs Assessment and Housing Strategic Plan. 1.B. Prioritize Estes Park Development Code (EPDC) amendments on Community Development Master List that impact housing. 2.A.1 - Develop a strategy for obtaining data on the needs of the senior community in Estes Park. 2. We will support the needs of our senior community.1.C. Incentivize Downtown Housing. 5.1 - Expand the greenhouse footprint and production capacity to service expanding planting demands on public properties. 2.A. Evaluate the needs of the senior community in Estes Park. 5.2 - Encourage local schools to implement a once-a-year field trip for all ages to the Thumb Open Space for education opportunities on native vegetation and being good stewards of our environment. 3. We support a family-friendly community and strive to be a family-friendly employer. 3.A. Investigate the possibility of establishing one or more pocket parks in residential areas. 6.1 - Explore an annexation policy with Larimer County after the adoption of the Comprehensive Plan. 4.A. Participate in County Strategic Plan childcare capacity team.6.A.1 - Begin rewriting the Estes Park Development Code. 4. We will support a wide range of child care opportunities with a particular focus on infants and toddlers. 4.B. Allocate funding to childcare reserve fund. 7.A.1 - Complete the Americans with Disabilities Act Transition Plan. (2022 Objective Carryover) 5.A. Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. 2022 Carry Over 1 - Negotiate Development Agreement with AmericaWest for workforce housing on the Fish Hatchery site. 5. We will expand and improve the durability, functionality, and efficiency of open space and public park infrastructure. 5.B. In accordance with National Fire Protection Association Firewise USA criteria, overhaul outdated and aging landscaping in Children's Park, Riverwalk, Parking Structure picnic area, and Wiest Park by 2025.2022 Carry Over 2 - Complete the Americans with Disabilities Act Transition Plan. 5.C. Specify the additional equipment, personnel and space needed to deliver and maintain high-quality landscaping in accordance with National Fire Protection Association Firewise USA criteria as required by new capital projects. Outstanding Community Services - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. Page 279 6. We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community. 6.A. Complete a full rewrite of the Estes Park Development Code to align with the new Comprehensive Plan. 6.B. We will collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code by 2025. 7. We are committed to improving community accessibility for residents and visitors with disabilities. 8. We will pursue land-banking opportunities as they align with the Strategic Plan. 9. The Town's policies should collectively support all demographic segments of the community, and strive to minimize barriers to a diverse, family-friendly community and robust workforce. 1. We will support environmental stewardship and sustainability through our policies and actions. 1.A. Enact the Implementation Plan developed from the Environmental Sustainability Task Force recommendations. 1.A.1 - Enact the Implementation Plan developed from the Environmental Sustainability Task Force recommendations. 1.B. Modify codes and regulations to support alternative and distributed energy.1.D.1 - Develop an environmental impact plan for Town produced events. 2. We are committed to safeguarding the lives and property of the people we serve. 1.C. Encourage solar energy options on new and established homes and businesses, including Town Buildings. 1.E.1 - Gather information necessary to consider the addition of a full-time Environmental Sustainability Manager including a draft job description and financial impact. 1.D. The Events and Visitor Services Department will reduce the environmental impacts of Town events. 2.1 - Create a replacement plan for the Town's 800 MHz emergency radios. 3. We are committed to fairness and support for victims of crime, including victims of crimes that invoke the Victims Rights Act. 1.E. Strongly consider funding to hire a full-time Environmental Sustainability Manager at the administrative level. 2.B.1 - Implement Phase 3 of the Security Camera project to address the needs of the Event Center and the associated parking area. (2022 Objective Carryover) 1.F. We support the County-wide Wasteshed Plan and will remain active partners with Larimer County in its implementation. 2.D.1 - Gather information necessary to consider the addition of a full-time Emergency Manager including a draft job description and financial impact. 4. We value the importance of maintaining a local emergency communication center to serve the residents and guests of the Estes Valley. 2.A. Evaluate and meet the sworn officer, dispatch, and support services staffing needs of the Police Department. 2022 Carry Over 1 - Develop and implement a plan to make the Rooftop Rodeo concessions and hospitality functions zero-waste. 2.B. Integrate security camera systems in Town Hall, Visitor Center, Events Complex, and Museum. 2022 Carry Over 2 - Adopt the 2021 International Code Council Building Code updates, including the International Property Maintenance Code. 5. We strive to enhance the safety of emergency responders in non-emergency and critical situations.2.C. Evaluate pandemic response plan. 2022 Carry Over 3 - Complete Community Planning Assistance for Wildfire (CPAW) process and begin implementation of recommendations. Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Page 280 2.D. Work with the Estes Valley Fire Protection District to evaluate the need for a full-time Emergency Manager. 6. We believe in and support restorative practices as a way to build and repair relationships, as well as increase understanding about the impact of crime in the Estes Park Community. 7. We will train and prepare for responding to community emergencies. 8. We will be proactive in our approach to wildfire planning and mitigation in response to elevated fire risks in the Estes Valley and the surrounding area. 1. We will develop an inclusive, robust, and sustainable economy by making our economic development decisions based on a triple bottom line model, considering economic, social, and environmental impacts and benefits. 2.A. Evaluate and improve the Development Review process. 4.A. Implement the Downtown Plan. 2. We will create and sustain a favorable business climate. 5.A. In conjunction with the Comprehensive Plan process, identify and prioritize the Town's commercial corridors and prepare redevelopment plans and policies for them. 3. Our economy should be diverse, attracting and serving a broad range of current and potential stakeholders. 4. We recognize the importance of a vibrant, attractive, and economically-viable Downtown Core. 5. We support investment and revitalization in all of the Town's commercial corridors and centers. 6. The Town will support economic development efforts led by other organizations, including business attraction, retention, and expansion. 7. The Town will lead specific economic development efforts identified by the Town Board, such as the continued implementation of the Broadband Utility, and provision of electric and water services. Robust Economy - We have a diverse, healthy year-round economy. Page 281 8. We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. 1. The Town will maintain up-to-date financial policies, tools, and controls that reflect the financial philosophy of the Board. 1.A. Develop a plan to replace the current accounting system (ERP) with a new system. This plan will be included in a budget request for the estimated acquisition and implementation costs, including staffing needs. This is expected to include succession considerations as well. 1.1 - Develop a process for Town Board consideration of a ballot measure asking voters to renew the 1A sales tax. 1.B. Develop a set of general budget policies to help guide budget development in the future. This should include consideration of reserve policies, use of one time funding, budgeting approach to vacancies, etc.2022 Carry Over 1 - Review and propose updates to Planning Division fees. 2. Financial decisions for capital projects should be data-driven. 1. We support having a sustainable, accessible, and efficient multimodal transportation network. 1.A. Street rehabilitation efforts will result in an average Pavement Condition Index of 73 or greater for the Town street network by 2024. 1.A.1 - Complete the design and public outreach for the Cleave Street Improvements in alignment with community support and the updated Comprehensive Plan. (2022 Objective Carryover) 1.B. Upgrade and maintain our public trail network to comply with adopted safety and disability standards. 2.A.1 - Deliver technical support and public communication assistance for construction of the Downtown Estes Loop by FHWA. 2. We will continue to reduce traffic congestion and improve traffic safety throughout the Town. 1.C. Study the possibility of adopting impact fees and fee-in- lieu mechanisms to assist in funding multimodal transportation improvements. 2.C.1 - Establish a task force consisting of representatives from Public Works, TAB, RMNP, CDOT, and the FHWA to identify opportunities, challenges, and timing sensitivities for inclusion in a FLAP grant application in 2024 to fund the design, environmental clearance, public outreach, and construction of the Moraine Ave Multimodal Improvements and a roundabout at the intersection of Moraine Ave and Marys Lake Road. 2.A. Collaborate with Federal & State partners to mitigate traffic congestion with multimodal solutions throughout the Town. 2.D.1 - Complete the construction of the roundabout improvements on US 36 at Community Drive. (2022 Objective Carryover) 3. We will effectively communicate to residents and visitors the Town's parking and transportation options. 2.B. Develop funding options and strategies for street rehabilitation and trail expansion in advance of the 2024 expiration of 1A (including evaluation of renewing the 2014 1A sales tax initiative beyond 2024). 2.H.1 - If funded by the 2022 MMOF grant, complete a Multimodal Transportation Plan that includes the US34 Corridor Study. (2022 Objective Carryover) 2.C. Develop funding strategies for the design, environmental clearance, and construction of the Moraine Avenue Multimodal Improvements. 2.H.2 - Seek funding to complete a Transit Development Plan to guide future transit operational and expansion decisions. Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Transportation - We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. Page 282 4. We will make strategic, data-driven investments in technology that promotes the financial and environmental sustainability of the Town's parking and transportation assets. 2.D. Develop funding strategies and build the roundabout improvements at the intersection of US36 and Community Drive. 6.A.1 - Utilize SB267 grant funds to design transit & parking improvements in the Visitor Center Parking Lot. 2.E. Develop funding and partnering strategies to commission a corridor study for US34 between Wonderview Avenue and Steamer Drive to include pedestrian, shuttle and general traffic accommodations, and options for direct access from US34 to the parking structure. 6.A.2 - Explore funding partnership opportunities for creation of a plan to convert the Town fleet to low or zero emission fuels. 5. We will identify and leverage local, regional, and national partnerships that strengthen and extend the Town's parking and transportation system.2.F. Implement the Downtown Parking Management Plan. 7.A.1 - If funded by the 2022 CDOT Revitalizing Main Streets grant, complete the design (in 2023) and construction (in 2024) of the multiuse path on the west side of Community Drive between Manford Ave and US36. 2.G. Explore the potential for year-round local and regional transit service. 7.B.1 - If funded by the 2022 MMOF grant, complete the design (in 2023) and construction (in 2024) of the Fall River Trail. 6. We will consider the potential impacts of technology changes, including electric and autonomous vehicles, in all transportation planning. 2.H. Develop a funding strategy to complete a Multimodal Transportation Plan within one year of completion of the Comprehensive Plan. 2022 Carry Over 1 - Develop, fund, and implement a public trail maintenance program. 6.A. Implement the Electric Vehicle Infrastructure & Readiness Plan as grant funding opportunities coincide with Town needs. 2022 Carry Over 2 - Complete the design, bid package, and construction of the Fall River Trail segment funded by the MMOF and TAP grants. 7. We will continue to develop connectivity of trails in the Estes Valley in partnership with other entities, implementing the priorities in the Estes Valley Master Trails Plan. 7.A. Participate in the CDOT grant funding program to complete the bike and pedestrian network within one mile of Estes Park public schools. 2022 Carry Over 3 - Pursue grant funding opportunities for construction of future segments of the Fall River Trail. 7.B. Complete the Fall River Trail using available trails expansion funds, open space funds, and grant funding. 2022 Carry Over 4 - Partner with CDOT to explore expansion of Bustang to Estes service to include both the US 36 and US 34 corridors. Page 283       Page 284 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: February 28, 2023 RE: 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER – Plan QUASI-JUDICIAL YES NO Objective: Consider the proposed 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds. Present Situation: At tonight’s meeting, the Town Board is considering an Amendment to the existing Intergovernmental Agreement (IGA) with Larimer County pertaining to the Estes Park Local Marketing District. The Amendment stipulates the process for how agreement will be reached on an annual basis between the Town and County regarding the allocation of revenues received through the Lodging Tax Extension, particularly the breakdown between workforce housing and childcare. The document outlining the allocation is referred to as the “Annual Workforce Housing and Childcare Funding Plan,” or more simply, the “Funding Plan.” The purpose of this item is to share the proposed 2023 Funding Plan with the Town Board for consideration and approval. If the IGA and proposed 2023 Funding Plan are approved by the Town Board, the next steps will be to get both items before the Board of County Commissioners for consideration and approval and to follow up with a budget amendment at an upcoming meeting. It is important to note that because of the timing of the ballot measure (November 2022), the process for approving an operating plan will be different for 2023 than in out years. Proposal: Staff proposes that the Town Board approve the proposed 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds. Page 285 Advantages: •Approval of the Funding Plan will provide staff with direction regarding next steps on the allocation and expenditure of lodging tax funds to address workforce housing and childcare issues in the Estes Valley. Disadvantages: •None. Action Recommended: Staff recommends approval of the proposed 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds. Finance/Resource Impact: Approval of the 2023 Funding Plan will provide direction to staff regarding a budget amendment necessary to allocate funding for workforce housing and childcare at an upcoming Town Board meeting. This will include approximately $5,375,000 in 6E revenues and expenditures. The budget amendment will also include allocations of funds in the existing Workforce Housing Reserve Fund as well as those collected through the Short-Term Rental Impact Fee. Level of Public Interest High Sample Motion: I move for the approval/denial of the 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds as proposed/amended. Attachments: 1.Proposed 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds Page 286 Town of Estes Park 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds Purpose The purpose of this document is to outline how Workforce and Childcare Lodging Tax funds (6E) passed through to the Town will be allocated between workforce housing and childcare in 2023, how funding is planned to be further broken down for particular purposes within each category, and how the funds will be administered. It also outlines a proposed process for how such decisions will be made and by whom for expenditures in 2024 (and beyond). The plans/processes differ by necessity because of the timing of the passage of the measure and the desire to have a structure for expending funds in place for 2023 in short order. Overview In November 2022, residents of the Visit Estes Park Local Marketing District approved Ballot Issue 6E, increasing the total lodging tax rate from 2% to 5.5%. Ninety percent of the new revenue must be used to address workforce housing and childcare issues in the Estes Valley. Prior to the election, a high-level framework was created that outlines how funding could be used to address these issues and how the funds might be administered if the measure passed. Regarding the latter, the Board of Visit Estes Park determined prior to the election that it would prefer to serve as a “pass-through” of the funds, ultimately relying on the Town of Estes Park, in coordination with Larimer County, to decide how best to administer them. In 2023 the budgeted revenues from the Workforce Housing and Childcare Lodging Tax that would be passed along from Visit Estes Park for workforce housing and childcare total $5,379,305. The Town would begin receiving funds in March of 2023. The Town will also be contributing additional funding from its own budget in 2023 to enable us to begin addressing workforce housing and childcare issues as soon as possible: approximately $1,635,000 for workforce housing and $100,000 for childcare. While these funds will be used for the same purposes as the revenues received from the Workforce Housing and Childcare Lodging Tax, they are not included in this plan because, as strictly Town funds, they are not subject to the same process outlined herein. Attachment 1 Page 287 2023 Funding Plan The first year 6E funds are collected, 2023, should largely be considered a “building year” as we (mainly the Town and County) work to get all the necessary decisions made and agreements drafted, negotiated, and executed. This includes an overarching Intergovernmental Agreement with Larimer County whereby the Town and County agree on the process for decision-making moving forward, as well as professional service agreements with partners/contractors that will be providing services related to the creation of workforce housing and provision of childcare services. There are also many new or updated policy decisions that need to be made which will inform program development, eligibility requirements, etc. We expect that several new positions will need to be created to develop and carry out programs, whether within the Town or the Estes Park Housing Authority. Additionally, consideration will need to be given to how the dedicated revenue stream can be leveraged to finance large projects and/or purchases related to workforce housing (such as bonding, etc.). Funding Allocations For budgeting and planning purposes, the 2023 budget allocations from the Workforce Housing and Childcare Lodging Tax would be approximately1: ● Workforce Housing: $4,750,000 ● Childcare: $625,000 Again, these dollar figures are approximations contingent on a number of factors including actual collections. The timing of collections will impact how much can be spent and at what point in the year, especially for 2023. For 2023 and in out years, funds may need to be shifted during the year depending on opportunities that present themselves in either category (e.g. for property acquisition if something becomes available on the market) and/or needs that arise that Workforce Housing and Childcare Lodging Tax funds could address. Additionally, a portion of the funds will be used to create a new position within the Town responsible for coordination and oversight of the funding, partnerships, programs, and processes needed to ensure 6E funds are spent appropriately and as intended. We expect that funds from each allocation pools will be used to cover the costs of the position. 1 The Town’s 2023 budget also includes $900,000 in Town Workforce Housing Reserve Funds, $735,000 in Short Term Rental Linkage Fee funds, and $100,000 in Childcare Reserve Funds. Page 288 Decision Making In general, funding decisions will be made based on evaluation of need in the community and consideration of maximizing the impact of Workforce Housing and Childcare Lodging Tax funds. All funding decisions will be made in accordance with the Intergovernmental Agreement between Larimer County and the Town of Estes Park and the adopted Annual Operating Plan (including this plan for 2023). With respect to spending decisions made by the Town, new Workforce Housing and Childcare funding policies that dictate eligibility for awards and how they can be used will be adopted by the Town Board. These policies will be informed by the Town’s existing finance policy, which limits administrative purchasing authority to $100,000 or less, as well as existing Workforce Housing and Childcare funding guidelines. New fund accounts will be established within the Town budget for Workforce Housing and Childcare, with sub-accounts in each category designated for particular purposes, as practical. The Town will also enter into agreements with partners, where funds may be transferred for particular purposes, including for administrative costs associated with program management. In such cases, the agreements will specify authority with respect to spending. (For example, an agreement with the Estes Park Housing Authority may authorize a transfer of $500,000 to the Housing Authority to be used to purchase a certain number or type of deed restrictions. The agreement would dictate the extent to which EPHA has authority to make purchasing decisions vis-à-vis the Town.) It is important to note that the Estes Park Housing Authority, which will be a key partner on the workforce housing side, was created by the Town and is a formal governmental entity. EPHA’s Board Members are appointed by the Town Board, and it is subject to the same auditing requirements as other public entities in Colorado. Page 289 Workforce Housing The Estes Park Housing Authority (EPHA) exists to create and facilitate housing opportunities in the Estes Valley. They currently have staff and programs in place to begin utilizing Workforce Housing and Childcare Lodging Tax funds to address workforce housing challenges in the immediate term. They are also poised to add staff in order to create and administer new programs using the new funds. To that end, the Town intends to enter into an agreement with EPHA whereby funding would be provided in exchange for administration and management of the various programs outlined below.2 The agreement, which will need to be considered and approved by the Town Board, would dictate the extent to which EPHA has authority to make purchasing decisions vis-à-vis the Town. All expenditures by EPHA will be subject to regular audits. It is important to note that the estimated budgets in each category are approximations and are subject to change based on opportunities that arise, and that all of the funds may not be spent in 2023. Details on each strategy can be found in the framework document developed prior to the election. The specifics will be informed by the new Housing Needs Assessment and Strategic Plan, which was transmitted to the Town and EPHA in January 2023. Purpose of Funds Estimated Budget Property Acquisition Reserve (Land-banking, financing, etc.) $1,500,000 Cash Buyer Program/Rental Assistance $1,500,000 Predevelopment work for property already in real estate portfolio $900,000 Deed Restriction Purchase Program $500,000 Staffing/Capacity Building at EPHA (Up to 3 FTEs and associated overhead) $350,000 Total $4,750,000 2 Consistent with the Estes Valley Housing Needs Assessment and Strategic Plan, which was presented to the Town Board on January 24, 2023. Page 290 Childcare There are four areas where Workforce Housing and Childcare Lodging Tax funds, along with the Town’s direct contribution, will be used to address the varied challenges faced by families in need of childcare and providers struggling to start a business and stay open. They are listed below along with a brief description of how funds would be administered and breakdown of budget allocation for each subcategory. It is important to note that the estimated budgets in each category are approximations and are subject to change based on opportunities that arise, and that all funds may not be spent in 2023. Funding decisions will be made based on evaluation of need in the community and consideration of maximizing the impact of Workforce Housing and Childcare Lodging Tax funds. Decisions will be made consistent with the Town’s adopted Childcare Funding Guidelines. Details on each strategy can be found in the framework document developed prior to the election. Purpose of Funds Estimated Budget Addressing Workforce Challenges $250,000 Facilities/Capital $200,000 Tuition Assistance/Scholarships $100,000 Out-of-School Programming $75,000 Total $625,000 ● Addressing Workforce Challenges: $250,000 o Requests for funding to address workforce challenges would be made either through an application process administered by the Town or through direct subsidies to childcare providers based on the number of filled full-time or part-time childcare slots. Regarding a direct subsidy approach, while the subsidy amount per slot would need to be determined, we expect that a higher dollar amount would be provided for slots for infants and toddlers and that subsidies would be prorated for part-time slots. The advantage of a direct subsidy approach is that it would enable each provider to determine how funds could best be leveraged to address workforce issues based on their Page 291 circumstances/challenges. By accepting funds, whether through an application process or subsidy, providers would be required to demonstrate how the funds would/are being used to address workforce challenges. The Town would dictate these requirements, likely to include a minimum salary or wages for staff and a minimum number of spaces provided. Requirements would formally be agreed to by the providers. o With respect to workforce challenges, 6E funds would be used to: ▪ To help bridge the gap between what providers can afford to pay staff and what is deemed (when a program is developed) to be a reasonable, living wage. ▪ Provide recruitment bonuses. ▪ Help pay or offset costs for benefits such as healthcare and paid leave. ▪ Provide assistance with costs associated with licensing and/or staff training. ▪ Provide assistance with costs associated with housing staff. ▪ Provide assistance with costs associated with transportation needs of staff and/or children. ● Facilities/Capital: $200,000 o Requests for funding for facilities/capital-related expenditures would be made using an application process administered by the Town. Depending on the size of the request, award decisions may be made administratively or by the Town Board. The Town could also decide to directly purchase property to be used for childcare or provide subsidies to providers where there is a known need. Recipients of funds would be required to spend the funds within a year of receipt and must offer services for a minimum period of time (still TBD). o Funds in this subcategory could be used to: ▪ Purchase land or existing building(s) to be used for childcare and offer to provider at affordable rate. ▪ Provide financial assistance to childcare providers wishing to purchase a facility for childcare, whether as a direct subsidy or through a low interest loan. ▪ Provide rental assistance for providers. ▪ Provide funding for capital improvements to existing facilities needed in order to open or to maintain or increase capacity. ● Tuition Assistance/Scholarships: $100,000 o According to EVICS Family Resource Center, which currently administers the tuition assistance program for families in the Estes Valley in coordination with Larimer County, the current need for tuition assistance/scholarships (based on Page 292 existing eligibility requirements) is approximately $75,000 per year. Funds in this subcategory will be used to provide needed tuition assistance/scholarships for eligible families. Because EVICS has an existing program that also leverages tuition assistance funds from the County, funds will be provided directly to EVICS to create a tuition assistance “pool.” Unused funds, if any, will be carried forward to future years. A portion of the funds – approximately $25,000 – would be provided to EVICS through a professional services agreement to help offset costs of administering the program. ● Out-of-School Programming: $75,000 o After and/or before school care, care for children on other out-of-school days (like Teacher Professional Development days), and summertime programs are extremely important to many families in the Estes Valley workforce. Funds in this subcategory will be provided as subsidies through an application process by individuals or entities that provide out-of-school care based on the number of filled slots. Providers would be required to explain in their applications how the funds will be used. Page 293 Process for Development of 2024 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds (and beyond) The graphic below outlines the high-level steps in the process for development of the 2024 Funding Plan and for future years. The process will be revisited annually in coordination with Larimer County. Changes to the process can be made at any time based on mutual agreement of the Town and County. Summer Town Board engages in Strategic Planning Process which will inform development of 2024 budget. Aug •Town staff works with Visit Estes Park to determine projected revenues for upcoming year; develops report on current year expenditures. •Town staff develops recommended budget for Workforce and Childcare Lodging Tax funds (in coordination with County staff) to be included in proposed VEP Annual Operating Plan. •Town Board considers recommended budget for Workforce and Childcare Lodging Tax funds; once approved by Town Board, sent to Larimer County for feedback. Sept Larimer County/Town/VEP Boards consider VEP operating plan, including recommended Workforce and Childcare Lodging Tax Plan budget. Oct-Dec •Town files proposed Funding Plan by November 1. •Town Board adopts Town budget, including budget for Workforce and Childcare Lodging Tax funds. •County approves or requests changes to Funding Plan by December 1. Page 294 February 24, 2023 Mach To: Town of Estes Park Board of Trustees CC: Town Administrator Machalek, Deputy Town Administrator Damweber From: Family Advisory Board Re: Recommenda�ons regarding 6E Lodging Tax Revenue The issues, barriers, challenges, and opportuni�es around housing and childcare have consistently been iden�fied as top priori�es for the Family Advisory Board (FAB) since our incep�on in 2017. As such, the FAB has developed and approved the following recommenda�ons for your considera�on prior to your adop�on of the proposed 6E Opera�ng Plan. •Recommend the Town Board designate 6E funds to update the 2018 Childcare Needs Assessment and create a Community Childcare Strategic Plan, including short and long-term goals and projected allocations of funds for meeting the community’s childcare needs. •Recommend to the Town Board that the 2024 Town Strategic Plan specifically reference the administration of 6E Lodging Tax Funds, and appropriate strategies and outcomes to ensure accountability and success. •Recommend the Operating Plan reflect a partnership with Estes Valley Investment in Childhood Success (EVICS) for the execution of specific activities within the plan that align with EVICS expertise and scope of work and designate pass-through funds for those purposes. (page 3; 2023 Operating Plan: “The Town will also enter into agreements with partners, where funds may be transferred for particular purposes, including the administrative costs associated with program management.”) •Recommend that Town Board direct staff to create a “stakeholder advisory team” of key partners currently executing programs and services related to housing and childcare, to meet prior to the development of the annual funding plan, and as needed, based on opportunities or needs as they arise. Thank you for your though�ul considera�on of these recommenda�ons. Please reach out to FAB Chair, Nancy Almond with any ques�ons or concerns you may have. (almondnh@gmail.com; 970-227-3638) Public Comment Received 2023-02-27 Page 295 3/1/2023 PROPOSED 2023 ANNUAL WORKFORCE AND CHILDCARE FUNDING PLAN FOR LODGING TAX (6E) FUNDS February 28, 2023 OVERVIEW •In November 2022, residents of the Visit Estes Park Local Marketing District approved Ballot Issue 6E, increasing the total lodging tax rate from 2% to 5.5%. Ninety percent of the new revenue must be used to address workforce housing and childcare issues in the Estes Valley. •The Board of Visit Estes Park determined prior to the election that it would prefer to serve as a “pass-through” of the funds, ultimately relying on the Town of Estes Park, in coordination with Larimer County, to decide how best to administer them. •The draft funding plan was informed by a variety of sources, including the 2023 Housing Needs Assessment and Strategic Plan, the 2018 Childcare Needs Assessment, as well as information gleaned from local partners who specialize in housing and childcare issues. 1 2 Page 296 3/1/2023 PROPOSED 2023 FUNDING PLAN •The first year 6E funds are collected, 2023, should largely be considered a “building year” as we work to get all the necessary decisions made and agreements drafted, negotiated, and executed. (And also because we do not expect to start seeing significant revenues until this summer. ) •Funding allocations should be considered approximations contingent upon actual collections and opportunities/needs that may arise. •A portion of 6E funds will likely be used to create a new position within the Town to assist with administration of funds and coordination with partners. •Funds may also be used to conduct studies to determine need and/or develop strategic plans to address need. •Funding decisions will be made in accordance with the Intergovernmental Agreement between Larimer County and the Town of Estes Park and the adopted Annual Funding Plan PROPOSED 2023 FUNDING PLAN •For budgeting and planning purposes, the 2023 budget allocations from the Workforce Housing and Childcare Lodging Tax would be approximately: o Workforce Housing: $4,750,000 o Childcare: $625,000 •The proposed plan does not include funds from the Town (Workforce and Attainable Housing Fund, Short Term Rental Linkage Fee Fund, Childcare Fund), although these funds would be used for the same purposes. 3 4 Page 297 3/1/2023 WORKFORCE HOUSING Purpose of Funds Estimated Budget Property Acquisition Reserve (Land-banking, financing, etc.)$1,500,000 Cash Buyer Program/Rental Assistance $1,500,000 Predevelopment work for property already in real estate portfolio $900,000 Deed Restriction Purchase Program $500,000 Staffing/Capacity Building at EPHA (Up to 3 FTEs and associated overhead)$350,000 Total $4,750,000 CHILDCARE Purpose of Funds Estimated Budget Addressing Workforce Challenges $250,000 Facilities/Capital $200,000 Tuition Assistance/Scholarships $100,000 Out-of-School Programming $75,000 Total $625,000 5 6 Page 298 3/1/2023 PROCESS FOR OUT YEARS 7 Page 299       Page 300 TOWN ADMINISTRATOR Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: February 28, 2023 RE: Resolution 23-23 Amendment to the Intergovernmental Agreement for the Estes Park Local Marketing District (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consider and approve the Amendment to the Intergovernmental Agreement (IGA) for the Estes Park Local Marketing District. Present Situation: The Town of Estes Park and Larimer County entered into an Intergovernmental Agreement for the formation of the Estes Park Local Marketing District in August 2008. The agreement was subsequently amended twice in September 2017 and January 2019. In November 2022, voters of the District approved an additional 3.5% marketing and promotion tax to be used to address local workforce housing and childcare challenges, with the additional tax revenue to be administered by the Town. An additional Amendment to the IGA is needed to incorporate provisions applicable to the newly authorized tax extension, and otherwise update the terms of the IGA. Proposal: Staff proposes that the Town Board adopt the Amendment to the IGA, which 1) adds a new section titled “Section 7: Workforce Housing and Childcare Funding Plan” that outlines the process for decision-making related to the new funds on an annual basis and 2) revises an existing section on the IGA Bylaws (Section 5.9) to include a new requirement that the Bylaws are adopted by the Board of Directors for the District. Advantages: • Updates to the IGA specify how agreement will be reached on an annual basis between the Town and County regarding the allocation of revenues received through the Lodging Tax Extension, particularly the breakdown between workforce housing and childcare. Page 301 Disadvantages: •None. Action Recommended: Staff recommends that the Town Board adopt the Amendment to the IGA. Finance/Resource Impact: None associated with the recommended action. Level of Public Interest High Sample Motion: I move for the approval/denial of Resolution 23-23. Attachments: 1. Resolution 23-23 2.Amendment to Intergovernmental Agreement for the Estes Park Local Marketing District 3.Existing Intergovernmental Agreement for the Estes Park Local Marketing District Page 302 RESOLUTION 23-23 APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ESTES PARK AND LARIMER COUNTY FOR THE ESTES PARK LOCAL MARKETING DISTRICT WHEREAS, the Town and County signed an Intergovernmental Agreement for the formation and function of the Estes Park Local Marketing District (“District”) in August, 2008, and such agreement was amended by the Parties via written agreements dated September 19, 2017 and January 1, 2019 (collectively the “IGA”); and WHEREAS, at the November 8, 2022, general election, the voters of the District approved an additional 3.5% marketing and promotion tax to be used in furtherance of affordable workforce housing and childcare services, with such additional tax revenue to be administered by the Town; and WHEREAS, by this Third Amendment the Town and County desire to amend the IGA to incorporate provisions applicable to the newly authorized 3.5% marketing and promotion tax, and otherwise update the terms of the IGA. 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 intergovernmental agreement amendment 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 303 INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT Third Amendment This Intergovernmental Agreement for the Estes Park Local Marketing District, Third Amendment (“Third Amendment”) is effective January 1, 2023 (“Effective Date”), and made between the Town of Estes Park, Colorado (“Town”) and the Board of County Commissioners of Larimer County, Colorado (“County”). WHEREAS, the Town and County signed an Intergovernmental Agreement for the formation and function of the Estes Park Local Marketing District (“District”) in August, 2008, and such agreement was amended by the Parties via written agreements dated September 19, 2017 and January 1, 2019 (collectively the “IGA”); and WHEREAS, at the November 8, 2022, general election, the voters of the District approved an additional 3.5% marketing and promotion tax to be used in furtherance of affordable workforce housing and childcare services, with such additional tax revenue to be administered by the Town; and WHEREAS, by this Third Amendment the Town and County desire to amend the IGA to incorporate provisions applicable to the newly authorized 3.5% marketing and promotion tax, and otherwise update the terms of the IGA. NOW, THEREFORE, for good and valuable consideration received and to be received, the Town and County agree to amend the IGA as follows: 1. The following section titled “Workforce Housing and Childcare Funding Plan” is added as Section 7 of the IGA, and the existing Section 7 and all Sections that follow are re-numbered accordingly: 7. Workforce Housing and Childcare Funding Plan 7.1 The Town shall file with the County no later than November 1 of each year a Workforce Housing and Childcare Funding Plan (“Plan,” for the purposes of this section 7) that references the estimated lodging tax revenues expected to be received from the District in the following year for the purposes of workforce housing and childcare, as outlined in the District’s proposed Operating Plan, and how the Town plans to use the funds to address workforce housing and childcare issues in the Estes Valley. The Plan is expected to be a brief and broad overview of funding allocations and priorities and need not detail each property expected to be served nor each action expected to be taken. 7.2 The County shall approve or request changes to the Plan no later than December 1 of the year in which such documents are filed. If changes are requested, a joint meeting of the Town Board and Board of County Commissioners will be held to come to agreement on the contents of the Plan by January 31 of the year following the year in which such documents are filed. In the event that changes are requested and a Plan has not been approved by December 31 of the year the documents are filed, a prior-approved Plan shall be extended on Attachment 2 Page 304 an interim basis into the following year until approval is reached. 7.3 The services and financial arrangements related to the lodging tax revenue received by the Town from the District shall conform so far as practical to the approved Plan. 7.4 The Town of Estes Park will have budgetary authority and responsibility for the funds within the scope of activities identified in the Plan. 2. Section “5.9 Bylaws” is amended to read as follows: 5.9 Bylaws. The Board of Directors for the District shall adopt bylaws that are consistent with the terms of this Agreement and any amendments. Following adoption by the District Board, such bylaws, including any amendments, shall become effective upon approval by the Town and County. 3. All other provisions of the IGA shall remain unchanged and in full force and effect. TOWN OF ESTES PARK, COLORADO By: ATTEST: Clerk to the Town Board APPROVED AS TO FORM: _______________________ Town Attorney BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO By: Jody Shadduck-McNally, Chair ATTEST: Deputy Clerk APPROVED AS TO FORM: County Attorney Page 305 INTERGOVERNMENTAL AGREEMENT FOR THE ESTES PARK LOCAL MARKETING DISTRICT This Intergovemm ental Agreement for the Estes Park Local Marketing District ("Agreement" is effective January I, 2019 ("Effective Date"), between the Town of Estes Park, Colorado ("Town") and the Board of County Commissioners of Larimer County, Colorado ("County"). The Town and County may collectively be refetTed to in this Agreement as "Parties." I.RECITALS A.The Local Marketing District Act, C.R.S. 29-25-101 el seq., provides for the organization, governance, and operation oflocal marketing districts ("Act''). B.Pursuant to the Act, local governments in combination may create a local marketing district by contract to exercise the functions authorized by the Act following receipt of a petition for the organization of a local marketing district from the requisite number of owners of commercial real property in the proposed service area. C.The Town and County entered into an Intergovernmental Agreement for the fonnation of the Estes Park Local Marketing District ("District") dated September 12, 2017 ("Current ]GA"). D.The Estes Park Local Marketing District and the implementation of a two percent (2%) m.arketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations in the District to fund the services of the District was approved by the voters at a general election held on November 4, 2008. E.The Town and County entered into a second Intergovernmental Agreement for the governance, administration, and operation of the Estes Park Local Marketing District effective September 19, 2017 ("current IGA"). F.The Parties seek to amend and restate the current IGA to address the governance of the District not included in the current IGA. To this end, this Agreement replaces and supersedes the current IGA as of the Effective Date hereof. II.CONSIDERATION Now, therefore, in consideration of the Recitals set forth above which are incorporated herein, and the covenants and conditions contained here, the Parties agree as follows. Attachment 3 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 3/1/2023 Amendment to the Intergovernmental Agreement for the Estes Park Local Marketing District FEBRUARY 28, 2023 Overview •In November 2022, voters of the District approved an additional 3.5% marketing and promotion tax to be used to address local workforce housing and childcare challenges, with the additional tax revenue to be administered by the Town. •An Amendment to the IGA is needed to incorporate provisions applicable to the newly authorized tax extension, and otherwise update the terms of the IGA. •Updates to the IGA specify how agreement will be reached on an annual basis between the Town and County regarding the allocation of revenues received through the Lodging Tax Extension, particularly the breakdown between workforce housing and childcare. 1 2 Page 313 3/1/2023 Key Points •Town shall file with the County a Workforce Housing and Childcare Funding Plan by November 1 each year. •The Plan will reference the estimated lodging tax revenues and how the Town plans to spend them to address workforce housing and childcare. •The Plan is expected to be a brief and broad overview of funding allocations and priorities and need not detail each property expected to be served nor each action expected to be taken. •The County shall approve or request changes to the Plan no later than December 1 of the year in which such documents are filed. •If changes are requested, a joint meeting of the Town Board and Board of County Commissioners will be held to come to agreement on the contents of the Plan by January 31 of the year following the year. •The Town of Estes Park will have budgetary authority and responsibility for the funds within the scope of activities identified in the Plan. Oh, and one more thing… The current IGA bylaws do not require that the LMD Board adopt bylaws. An additional amendment: ◦The Board of Directors for the District shall adopt bylaws that are consistent with the terms of this Agreement and any amendments. Following adoption by the District Board, such bylaws, including any amendments, shall become effective upon approval by the Town and County. 3 4 Page 314 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: February 28, 2023 RE: Revised Policy 225 - Childcare Funding Guidelines (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: Approve updates to Policy 225: Childcare Funding Guidelines. Present Situation: In light of the new revenue stream created by the passage of Ballot Measure 6E, the Town’s current policy related to childcare funding – Policy 225: Childcare Funding Guidelines – is in need of updates. The Town Board held a Study Session on February 14, 2023 to discuss proposed updates and now must take action to approve them. Proposal: Staff proposes that the Town Board approve the updates as presented in the attached Policy 225: Childcare Funding Guidelines. Advantages: • Childcare is an identified priority area in the Town Board’s Strategic Plan. Policy updates will help inform future financial decisions related to childcare challenges. • Periodic review and discussion of policies provides staff with a clearer understanding of the intent and desires of the Town Board as circumstances change over time. Disadvantages: • None. Action Recommended: Approve updates to Policy 225: Childcare Funding Guidelines Finance/Resource Impact: Page 315 Updating the policy will not have direct financial impacts. However, the updates will help inform future financial decisions related to funding for childcare. Level of Public Interest High Sample Motion: I move for the approval/denial of the updates to Policy 225: Childcare Funding Guidelines. Attachments: 1. Policy 225: Childcare Funding Guidelines (updates redlined) 2. Policy 225: Childcare Funding Guidelines (clean) 3. Childcare Funding Guidelines Application Page 316 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 1 of 6 Effective Period: Until superseded Review Schedule: Annually Effective Date: October 13, 2020; Revised April 12, 2022 References: N/A ADMINISTRATION 225 CHILDCARE FUNDING GUIDELINES 1. PURPOSE This policy articulates the Town’s role related to childcare , establishes a funding mechanism to address local childcare needs, and provides guidelines for how available funds shall be expended and/or awarded. 2. PROBLEM STATEMENT The lack of childcare options in the Estes Valley, especially for infants and toddlers, creates significant challenges for families in the Estes Valley and for local organizations, including the Town, trying to recruit and retain employees. Attachment 1 Page 317 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 2 of 6 3. PROCEDURE a. The Town’s Role i. The Town’s primary goal related to childcare is to create and sustain additional capacity for children in the Estes Valley, especially for infants and toddlers. The Town’s role in achieving this goal is to provide support for childcare providers in the form of financial contributions, incentives, policy changes, representation in collaborative efforts to address childcare capacity issues, serving as the applicant for grants or other financial assistance from other levels of government or agencies where the grantee must be a governmental entity, and advocacy where appropriate. may include, but is not limited to: ii. Providing funding that childcare providers can utilize for capital needs through: iii. Direct contributions from the Town’s budget (the Childcare Reserve Fund). iv. Serving as the applicant for grants or other financial assistance from other levels of government or agencies where the grantee must be a governmental entity. v. Providing property that childcare providers can utilize for capital needs that facilitate the creation of additional capacity for childcare. vi. Making policy and/or zoning changes that facilitate the creation of additional capacity for childcare. vii. Providing financial support through the Town’s Outside Entity Funding program to local nonprofits that exist to support children and families. viii. Representing the Town of Estes Park in collaborative efforts to address childcare capacity issues. ix. Providing financial support to childcare providers to assist with addressing workforce challenges. b. Childcare Reserve Fund i. Establishment: There shall be a reserve fund within the General Fund dedicated to creating additional capacity for children, especially infants and toddlers, in the Estes Valley. ii. Appropriations to the Childcare ReserveFund: On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate to the Childcare ReserveFund. The recommendation will be based on available funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual Operating Plan provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement)and/or known needs in the community. Town staff will inform the Board if the recommended allocation to the reserve is expected to impact other Town operations. The Town Board may appropriate other funds to the Childcare ReserveFund whenever and in whatever amount it deems appropriate. This consideration will occur concurrently with the Board’s consideration of an appropriation to the Workforce Housing Reserve. a) Other Revenues: In addition to the appropriations outlined above, other revenue sources for the Childcare Reserve Fund may include donations, Page 318 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 3 of 6 proceeds from the sale or lease of public property, and grants or other financial assistance related to childcare related activities. iii. Qualification/Eligibility Criteria for Funding from Childcare FundReserve a) Entities or individuals receiving Town funds for childcare related purposes must:  Be a childcare provider that provides or intends to provide year-round childcare for at least four children between the ages of 0 and 4 who are unrelated to the caregiver OR an in-home provider who provides year- round care for at least three children between the ages of 0 and 4 who are unrelated to the caregiver; and.  Own or lease a facility or home (or demonstrate intent to own or lease a facility or home) located within the Estes Park School District R-3 where childcare services are provided or will be provided after capital improvements are made; and.  Be in compliance with state and local health and safety requirements, if applicable; or  .Provide out-of-school programming, such as before- and after-care programs, for children in grades Pre-K through 5; or  Administer tuition assistance and/or scholarship programs for families with children in the care of providers in the Estes Valley.  Unlicensed providers must meet State guidelines for providing legally exempt care. b) Among entities or individuals who meet the qualification criteria outlined above, although the Town reserves the right to make any funding decisions it is entitled to, priority/preference will be given to applicants who:  Use Town funds to finance the design, construction, expansion, renovation or other improvements of facilities at which childcare services are provided in order to increase capacity.  Provide year-round childcare for children between the ages of 0 and 2.5.  Provide full day childcare for children between the ages of 0 and 2.5.  Can demonstrate ability to provide greatest number of new childcare spaces, especially for children between the ages of 0 and 2.5.  Are licensed by the State of Colorado to provide childcare services.  Are actively pursuing State licensure or demonstrate intent to pursue such.  Can demonstrate that financial contributions from the requesting entity or individual will supplement funding from the Town. at least match funding from the Town. Page 319 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 4 of 6  Can demonstrate how financial contributions from the Town will assist with addressing workforce challenges. iv. Childcare Reserve Fund Expenditures: a) The Childcare Reserve Fund will be the primary source of funds from the Town used to facilitate the creation of additional capacity for childcare or assist with addressing workforce challenges. b) Eligible expenditures from the Childcare Reserve Fund include the following:  Financing the design, construction, expansion, renovation or other improvements to facilities at which childcare services are provided or will be provided in order to: o increase capacity or if such improvements are required to retain existing capacity. o enhance the safety, well-being, and/or experience of children in the care of providers receiving funding (such expenditures may include things like fencing, fire suppression improvements, healthy food/snacks, playground equipment, etc.). o become a licensed provider.  Subsidizing tap fees for new construction or expansion of existing childcare facilities for facilities that qualify as a Day Care Center as defined in the Estes Park Development Code.  Purchasing property (land and/or buildings) to be used for a childcare facility.  Providing funding for tuition assistance or scholarships for childcare.  Providing funding for out-of-school programming, such as before- and after-care programs.  Providing financial assistance or subsidies to childcare providers that can be directly linked to addressing workforce challenges. The childcare provider, whether in-home or center based, must demonstrate how financial assistance from the Town will directly enable them to recruit and/or retain staff. For example, if financial assistance is provided to help with rent or utility bills, the provider must show how such assistance will result in higher wages or other benefits (such as health insurance) to employees. If financial assistance is provided to a single-person provider, they must demonstrate how such assistance is needed in order to begin or continue to provide childcare services. Eligible workforce related expenditures include, but may not be limited to: o Subsidies to childcare providers to encourage them to start or stay in business in the Estes Valley, including for out-of-school time programs (i.e. recruitment and/or retention bonuses). Page 320 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 5 of 6 o Subsidies to providers to help bridge the gap between what they can afford to pay staff and what is deemed by the Town to be a reasonable, living wage. o Subsidies to help pay or offset costs for benefits such as healthcare, retirement, and/or paid leave. o Assistance with costs associated with licensing and/or staff training. o Assistance with costs associated with housing staff. o Assistance with costs associated with transportation needs of staff and/or children. c) Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. c)d) The Outside Entity Funding budget will be the source of Town funds for any other childcare expenditures, including Base Funding for the EVICS Family Resource Center, consistent with Finance Policy 671: Town Funding of Outside Entities. c. Process i. Funds from the Childcare Reserve Fund will be made available through either an application process (application attached) or direct contribution subsidy from the Town at the Town’s discretion. a) Application process: Application materials must demonstrate need and how funds will be used in order to increase childcare capacity or retain existing capacity, or address workforce challenges. Town staff, in consultation with partnering agencies as appropriate, will review applications and recommend funding allocations based on the criteria outlined in this document. a)b) Direct subsidies: Should the Town determine, in its sole discretion, to provide direct subsidies to childcare providers, the amount of the subsidy will be based on the number of filled childcare slots. A higher dollar amount may be provided for slots filled by infants and/or toddlers, and the subsidy amount per slot will be prorated for those filled on a part-time basis. d. Funding and Requirements i. Awards and award amounts will be determined by the Town and will depend on availability of funds in the Childcare Reserve. ii. The Town Administrator or Assistant Town AdministratorTown staff may make award decisions and execute agreements for awards of $10,000 or less. The Page 321 Document Title Policy 225 – Childcare Reserve Fund 04/12/2022 Revisions: 1 Town of Estes Park, Town Administrator’s Office Page 6 of 6 Town Board must make decisions and approve agreement for awards greater than $10,000. iii. The Town reserves the right to determine whether to disperse all funds prior to a project commencing, after a project is completed, or based on certain milestones. iv. Awards will be accompanied by an agreement from the Town that stipulates, at a minimum: a) If award amounts for capital projects are not spent within 12 months of the award date, the receiving entity or person will be required to return the funds to the Town, at the Town’s discretion. Extensions beyond 12 months may be granted depending on the project scope or other circumstances. b) Award recipients must provide childcare services for a minimum of 24 months following the project completion date or receipt of the last payment of funds from the Town; otherwise the receiving entity or person will be required to return the funds to the Town. Repayment of tap fee subsidies may be waived by the Town at the Town’s discretion. c) Entities receiving Town funding from the Town will be required to submit a report (or reports) to the Assistant Town Administrator at pre-determined intervals and upon completion of the project that details how funds were spent and the impact/outcome resulting from the use of funds. The report must also include and provides supporting documentation to confirm expenditure of funds. d) The Town may require additional stipulations on a case-by-case basis as deemed necessary. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 322 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 1 of 5 Effective Period: Until superseded Review Schedule: Annually Effective Date: October 13, 2020; Revised February 28, 2023 References: N/A ADMINISTRATION 225 CHILDCARE FUNDING GUIDELINES 1.PURPOSE This policy articulates the Town’s role related to childcare and provides guidelines for how available funds shall be expended and/or awarded. 2.PROBLEM STATEMENT The lack of childcare options in the Estes Valley, especially for infants and toddlers, creates significant challenges for families in the Estes Valley and for local organizations, including the Town, trying to recruit and retain employees. 3.PROCEDURE a.The Town’s Role The Town’s primary goal related to childcare is to create and sustain capacity for children in the Estes Valley, especially for infants and toddlers. The Town’s role in achieving this goal is to provide support for childcare providers in the form of financial contributions, incentives, policy changes, representation in collaborative efforts to address childcare capacity issues, serving as the applicant for grants or other financial assistance from other levels of government or agencies where the grantee must be a governmental entity, and advocacy where appropriate. b. Childcare Fund i.Establishment: There shall be a fund within the General Fund dedicated to creating additional capacity for children, especially infants and toddlers, in the Estes Valley. ii.Appropriations to the Childcare Fund: On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate to the Childcare Fund. The recommendation will be based on funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual Workforce and Childcare Funding Plan provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement). The Town Board may appropriate other funds to the Childcare Fund whenever and in whatever amount it deems appropriate. Attachment 2 Page 323 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 2 of 5 a) Other Revenues: In addition to the appropriations outlined above, other revenue sources for the Childcare Fund may include donations, proceeds from the sale or lease of public property, and grants or other financial assistance related to childcare related activities. iii. Qualification/Eligibility Criteria for Funding from Childcare Fund a) Entities or individuals receiving Town funds for childcare related purposes must: • Be a childcare provider that provides or intends to provide year-round childcare for at least four children between the ages of 0 and 4 who are unrelated to the caregiver OR an in-home provider who provides year- round care for at least three children between the ages of 0 and 4 who are unrelated to the caregiver; and • Own or lease a facility or home (or demonstrate intent to own or lease a facility or home) located within the Estes Park School District R-3 where childcare services are provided or will be provided after capital improvements are made; and • Be in compliance with state and local health and safety requirements, if applicable; or • Provide out-of-school programming, such as before- and after-care programs, for children in grades Pre-K through 5; or • Administer tuition assistance and/or scholarship programs for families with children in the care of providers in the Estes Valley. • Unlicensed providers must meet State guidelines for providing legally exempt care. b) Among entities or individuals who meet the qualification criteria outlined above, although the Town reserves the right to make any funding decisions it is entitled to, priority/preference will be given to applicants who: • Use Town funds to finance the design, construction, expansion, renovation or other improvements of facilities at which childcare services are provided in order to increase capacity. • Provide year-round childcare for children between the ages of 0 and 2.5. • Provide full day childcare for children between the ages of 0 and 2.5. • Can demonstrate ability to provide greatest number of new childcare spaces, especially for children between the ages of 0 and 2.5. • Are licensed by the State of Colorado to provide childcare services. • Are actively pursuing State licensure or demonstrate intent to pursue such. • Can demonstrate that financial contributions from the requesting entity or individual will supplement funding from the Town.. Page 324 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 3 of 5 • Can demonstrate how financial contributions from the Town will assist with addressing workforce challenges. iv. Childcare Fund Expenditures: a) The Childcare Fund will be the primary source of funds from the Town used to facilitate the creation of additional capacity for childcare or assist with addressing workforce challenges. b) Eligible expenditures from the Childcare Fund include the following: • Financing the design, construction, expansion, renovation or other improvements to facilities at which childcare services are provided or will be provided in order to: o increase capacity or if such improvements are required to retain existing capacity. o enhance the safety, well-being, and/or experience of children in the care of providers receiving funding (such expenditures may include things like fencing, fire suppression improvements, healthy food/snacks, playground equipment, etc.). o become a licensed provider. • Subsidizing tap fees for new construction or expansion of existing childcare facilities for facilities that qualify as a Day Care Center as defined in the Estes Park Development Code. • Purchasing property (land and/or buildings) to be used for a childcare facility. • Providing funding for tuition assistance or scholarships for childcare. • Providing funding for out-of-school programming, such as before- and after-care programs. • Providing financial assistance or subsidies to childcare providers that can be directly linked to addressing workforce challenges. The childcare provider, whether in-home or center based, must demonstrate how financial assistance from the Town will directly enable them to recruit and/or retain staff. Eligible workforce related expenditures include, but may not be limited to: o Subsidies to childcare providers to encourage them to start or stay in business in the Estes Valley, including for out-of-school time programs (i.e. recruitment and/or retention bonuses). o Subsidies to providers to help bridge the gap between what they can afford to pay staff and what is deemed by the Town to be a reasonable, living wage. o Subsidies to help pay or offset costs for benefits such as healthcare, retirement, and/or paid leave. Page 325 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 4 of 5 o Assistance with costs associated with licensing and/or staff training. o Assistance with costs associated with housing staff. o Assistance with costs associated with transportation needs of staff and/or children. c) Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. d) The Outside Entity Funding budget will be the source of Town funds for any other childcare expenditures, including Base Funding for the EVICS Family Resource Center, consistent with Finance Policy 671: Town Funding of Outside Entities. c. Process i. Funds from the Childcare Fund will be made available through either an application process (application attached) or direct subsidy from the Town at the Town’s discretion. a) Application process: Application materials must demonstrate need and how funds will be used in order to increase childcare capacity or retain existing capacity, or address workforce challenges. Town staff, in consultation with partnering agencies as appropriate, will review applications and recommend funding allocations based on the criteria outlined in this document. b) Direct subsidies: Should the Town determine, in its sole discretion, to provide direct subsidies to childcare providers, the amount of the subsidy will be based on the number of filled childcare slots. A higher dollar amount may be provided for slots filled by infants and/or toddlers, and the subsidy amount per slot will be prorated for those filled on a part-time basis. d. Funding and Requirements i. Awards and award amounts will be determined by the Town and will depend on availability of funds. ii. Town staff may make award decisions and execute agreements for awards of $10,000 or less. The Town Board must make decisions and approve agreement for awards greater than $10,000. iii. The Town reserves the right to determine whether to disperse all funds prior to a project commencing, after a project is completed, or based on certain milestones. iv. Awards will be accompanied by an agreement from the Town that stipulates, at a minimum: Page 326 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 5 of 5 a) If award amounts for capital projects are not spent within 12 months of the award date, the receiving entity or person will be required to return the funds to the Town, at the Town’s discretion. Extensions beyond 12 months may be granted depending on the project scope or other circumstances. b) Award recipients must provide childcare services for a minimum of 24 months following the project completion date or receipt of the last payment of funds from the Town; otherwise the receiving entity or person will be required to return the funds to the Town. Repayment of tap fee subsidies may be waived by the Town at the Town’s discretion. c) Entities receiving funding from the Town will be required to submit a report (or reports) to the Town at pre-determined intervals that details how funds were spent and the impact/outcome resulting from the use of funds. The report must also include supporting documentation to confirm expenditure of funds. d) The Town may require additional stipulations on a case-by-case basis as deemed necessary. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 327 POLICY 225 – CHILDCARE FUNDING GUIDELINES APPLICATION Page 1 of 2 Childcare Funding Application Funding Year: ______ Entity/Individual :______________________________________________________________________ Date of Establishment of Childcare Operations?:_____________________________________________ Contact Person:______________________________ Title:____________________________________ Phone:___________________________ E-mail:_____________________________________________ Address_____________________________________________________________________________ Dollar amount requested: $_________________ Please provide the following information to help us assess your or your entity’s eligibility and need. Responses should submitted as an attachment to this application form. 1.Does your childcare operation serve the Estes Valley? Y___ N___ 2.How many children in the Estes Valley (total and unduplicated) do you serve or expect to serve through your childcare program? What age group(s)? (100 words max) 3.Which category below best describes your need with respect to this application?: _____Tuition Assistance/Scholarships _____Purchase of real property (land and/or building(s)) _____Rental or utility assistance _____Upgrade(s) to existing property _____Purchase of equipment _____Assistance with workforce recruitment and/or retention _____Other – Explain____________________________________________________________ 4.Following up on the previous question, describe in detail how funds will be used if granted (200 words max). a.Attach your anticipated budget for the service, project, program, or other expenditure for which you are seeking financial assistance. Attachment 3 Page 328 POLICY 225 – CHILDCARE FUNDING GUIDELINES APPLICATION Page 2 of 2 5. How will you measure the success of the project or program for which funding is requested (200 words max)? 6. Who will be responsible for the administration of the project or program for which you are requesting funding (name, title, and entity)? 7. If you are requesting funds on behalf of an existing entity, please attach the most recent fiscal year-end financial statements reflecting your entity’s beginning and ending balances for the year. This requirement can be met by submitting one or more of the following: a. Most recent financial statements as approved by your board b. Most recent audited statement or review by an outside expert c. Most recently filed IRS Form 990 OR If you are requesting funds on behalf of yourself as an in-home or unlicensed childcare provider, please skip #7 and respond to #8, below. 8. Please list all anticipated funding sources for this project or program. Be sure to highlight any opportunities to leverage Town funds with external funds. I swear and affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. I understand that any funds awarded will be subject to certain expectations, outlined in an agreement, and that at a minimum: • funds awarded must be spent within twelve (12) months of the award date or they must be returned to the Town unless otherwise stated in the grant agreement; and • the entity receiving Town funds to facilitate childcare service offerings must provide the services outlined in this application for a minimum of 24 months from the award date or the funds must be returned to the Town unless otherwise stated in the grant agreement. _____________________________________________________________ Name and Signature of Requestor of Funds _____________________________________________________________ Name and Signature of Witness Page 329       Page 330 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: February 28, 2023 RE: Revised Policy 227 - Workforce and Attainable Housing Guidelines (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: Approve updates to Policy 227: Workforce and Attainable Housing Guidelines Present Situation: In light of the new revenue stream created by the passage of Ballot Measure 6E, as well as new information on housing needs and recommendations for how to meet those needs from the 2023 Housing Needs Assessment and Strategic Plan, the Town’s current policy related to workforce housing – Policy 227: Workforce Housing Guidelines –is in need of updates. The Town Board held a Study Session on February 14, 2023 to discuss proposed updates and now must take action to approve them. At the February 14 Study Session, there was a request to provide information from the 2023 Estes Valley Housing Needs Assessment and Strategic Plan that demonstrates existing and projected housing needs to assist with decision making at tonight’s meeting. The table below was included in the presentation when the Plan was presented to the Town Board (more detail is included in the full report): Page 331 Proposal: Staff proposes that the Town Board approve the updates as presented in the attached Policy 227: Workforce and Attainable Housing Guidelines. Advantages: • Workforce housing is an identified priority area in the Town Board’s Strategic Plan. Policy updates will help inform future financial decisions related to addressing workforce and attainable housing challenges. • Periodic review and discussion of policies provides staff with a clearer understanding of the intent and desires of the Town Board as circumstances change over time. Disadvantages: • None. Action Recommended: Approve updates to Policy 225: Childcare Funding Guidelines Finance/Resource Impact: Updating the policy will not have direct financial impacts. However, the updates will help inform future financial decisions related to addressing workforce and attainable housing challenges. Level of Public Interest High Housing Needs by Income *based on currentincome profile and current tenure. 5 Catch up : 1,220 units Keep up: 1,500 units Page 332 Sample Motion: I move for the approval/denial of the updates to Policy 227: Workforce and Attainable Housing Guidelines. Attachments: 1. Policy 227: Workforce and Attainable Housing Guidelines (updates redlined) 2. Policy 227: Workforce and Attainable Housing Guidelines (clean) Page 333 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 1 of 5 Effective Period: Until superseded Review Schedule: Annually Effective Date: December 8, 2020 References: EPDC Chapter 11 § 11.4, Finance Policy 671 ADMINISTRATION 227 Workforce and Attainable Housing Guidelines 1. PURPOSE This policy defines workforce and attainable housing for the Town’s purposes, articulates the Town’s workforce housing goals, articulates the Town’s role related to workforce housing, and establishes a funding mechanism to advance the Town’s workforce housing goals. 2. POLICY The shortage of workforce housing in the Estes Valley creates significant challenges for local businesses and other employers, including the Town of Estes Park, when it comes to attracting and retaining employees for both year-round and seasonal occupations. Town leadership has long acknowledged this issue and the need for development of a range of housing options that will be available and attainable for all members of the community. The Estes Park Development Code provides incentives in the form of density bonuses for developers that “provide a variety of attainable and workforce housing options for persons living and/or working in the Estes Valley.” The Town’s 2020 Strategic Plan includes an objective to establish Workforce Housing Guidelines. 3. PROCEDURE a. Definition of Workforce and Attainable Housing For the Town’s purposes, Workforce Housing is defined as housing within the Estes Park R-3 School District for people who work within the boundaries of the school district. Attainable housing is housing that is attainable for someone earning less than 175150% Area Median Income (further defined for renter- and owner-occupied units below). Thus, workforce and attainable housing opportunities created or facilitated by the Town shall be located within the school district and pricing should accommodate individuals and families making less than 175150% AMI. i. Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development. ii. Renter-Occupied Attainable Housing Units: Consistent with Estes Park Development Code Chapter 11, Section 11.4, "attainable housing units" and "workforce housing units" for renters shall mean the following: The image part with relationship ID rId9 was not found in the file. Attachment 1 Page 334 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 2 of 5 a) Housing units that are attainable to households earning 175150% of the Larimer County Area Median Income or below, adjusted for household size. b) To qualify as attainable rental units, housing costs (i.e., rent and utility expenses) must not exceed thirty percent (30%) of the maximum income for an imputed household size based on 175150% of the Larimer County Area Median Income. The imputed household size is equal to one and one-half (1.5) times the number of bedrooms in the unit. For example, rent on a two- bedroom unit would be equal to 30% of the monthly income limit of a three- person family; for a three-bedroom unit the rent should not exceed 30% of the monthly income of a four-and-one-half-person family—the midpoint of the range of a four- and five-person family. c) If the property owner does not pay all utility expenses, then a utility allowance, computed by the Estes Park Housing Authority, must be subtracted from the housing cost to determine the maximum rent. iii. Owner-Occupied Attainable Housing Units: Consistent with Estes Park Development Code Chapter 11, Section 11.4, "attainable housing units" and "workforce housing units" for unit owners shall mean the following: a) Housing units that are attainable to households earning 175150% of the Larimer County Area Median Income or below, adjusted for household size. b) To qualify as attainable units, housing costs must not exceed 40% of the 175150% Larimer County Area Median Income, adjusted for household size. b. Workforce and Attainable Housing Goals The Town’s goals associated with workforce and attainable housing, which should inform Town decisions related to development, are as follows:  Increase the availability of workforce and attainable housing within the boundaries of the school district.  Preserve or facilitate rehabilitation of existing workforce and attainable housing as opportunities arise.  Promote the construction of housing within the school district that is affordable to households with incomes at or below 175150% of the area-wide median.  Promote greater housing choices (including levels of affordability, as well as rental and ownership options) for households with incomes at or below 175150% of the area-wide median income within the school district, including those for year-round employees as well as seasonal employees.  Negotiate with developers, as necessary, to ensure that developments with housing units include workforce housing with a range of affordability for individuals or households earning between 30% and 175150% of AMI.  Assist local employers in reducing critical labor shortages of skilled and semi- skilled workers by providing housing that will be accessible to the worker’s places of business. Page 335 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 3 of 5  Work with Larimer County to further the Town’s workforce housing goals within the school district in areas that fall outside of Town limits. c. The Town’s Role The Town’s formal role with respect to workforce housing is to:  Support the Estes Park Housing Authority both financially and as an active partner and participant in its housing development and strategic planning efforts.  Advocate for development that includes workforce housing with a range of affordability for households with incomes at or below 175150% of the area-wide median income. For rentals, advocate, with a preference for housing that is affordable for those earning less than 30% AMI or between 680-8120% AMI.  Partner with private entities/developers to create workforce housing on Town- owned property (although the preferred approach is to work through the EPHA in these efforts).  Provide financial support for the development of workforce housing.  Periodically review the Development Code and make revisions as appropriate and feasible to encourage development of workforce housing.  Work with Larimer County to further the Town’s workforce housing goals within the school district in areas that fall outside of Town limits. d. Workforce and Attainable Housing Reserve Fund i. Establishment: The Town will create a new reserve There shall be a fund within the General Fund dedicated to advancing the workforce and attainable housing goals outlined above. ii. Appropriations to the Workforce and Attainable Housing ReserveFund: On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate to the Workforce and Attainable Housing Fund. The recommendation will be based on funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual Workforce and Childcare Funding Plan provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement). The Town Board may appropriate other funds to the Workforce and Attainable Housing Fund whenever and in whatever amount it deems appropriate. On an annual basis as part of the budget development process, Town staff will identify the dollar amount of sales tax revenue expected to be received in excess of 105% of sales tax revenue originally budgeted for the fiscal year (if applicable). The Board will consider appropriating all or a portion of these excess revenues to the Workforce Housing Reserve within the General Fund. The Town Board may appropriate funds to the Workforce Housing Reserve whenever and in whatever amount it deems appropriate. Page 336 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 4 of 5 a)iii. Other Revenues: In addition to the appropriations outlined above, other revenue sources for the Workforce and Attainable Housing Reserve Fund may include donations, clean and lien repayments, loan repayments, vacant property registration fees or property tax surcharges, proceeds from the sale or lease of public property, and grants related to workforce housing related activities. iii.iv. Workforce and Attainable Housing Reserve Fund Expenditures: a) The Workforce and Attainable Housing Reserve Fund will be the primary place where Town funds used to further Workforce workforce and attainable Hhousing goals are allocated and reserved for expenditure. Expenditures from the Workforce and Attainable Housing Reserve Fund will include, but are not limited to:  Acquisition of real property to be used for workforce or attainable housing  Construction of new housing  Redevelopment, rehabilitation, or repair of existing property to be used for workforce housing  Rental and/or Ddown payment assistance programs for Town staff or others  Purchase of deed restrictions  Subsidies for developments that offer workforce housing, including tap fee subsidies  Subsidies for creation of workforce or attainable housing, including accessory dwelling units  Pre-development activities, including needs assessments, strategic plans, or market analyses necessary to understand and prepare for developments that offer workforce housing b) Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. For example, if funds are transferred to the Estes Park Housing Authority for the stated purpose of property acquisition for a housing development or land-banking, the enabling contract/agreement will detail the decision making authority of the Housing Authority vis-à-vis the Town Board. b)c) Base Funding for the Estes Park Housing Authority, if approved by the Board during the annual budget development process, will remain in the Outside Entity Funding budget. The Housing Authority will remain eligible for funds consistent with Finance Policy 671: Town Funding of Outside Entities. Approved: Page 337 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 5 of 5 _____________________________ Wendy Koenig, Mayor _____________ Date Page 338 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 1 of 4 Effective Period: Until superseded Review Schedule: Annually Effective Date: December 8, 2020; revised February 28, 2023 References: EPDC Chapter 11 § 11.4, Finance Policy 671 ADMINISTRATION 227 Workforce and Attainable Housing Guidelines 1.PURPOSE This policy defines workforce and attainable housing for the Town’s purposes, articulates the Town’s workforce housing goals, articulates the Town’s role related to workforce housing, and establishes a funding mechanism to advance the Town’s workforce housing goals. 2. POLICY The shortage of workforce housing in the Estes Valley creates significant challenges for local businesses and other employers, including the Town of Estes Park, when it comes to attracting and retaining employees for both year-round and seasonal occupations. Town leadership has long acknowledged this issue and the need for development of a range of housing options that will be available and attainable for all members of the community. The Estes Park Development Code provides incentives in the form of density bonuses for developers that “provide a variety of attainable and workforce housing options for persons living and/or working in the Estes Valley.” The Town’s 2020 Strategic Plan includes an objective to establish Workforce Housing Guidelines. 3.PROCEDURE a.Definition of Workforce and Attainable Housing For the Town’s purposes, Workforce Housing is defined as housing within the Estes Park R-3 School District for people who work within the boundaries of the school district. Attainable housing is housing that is attainable for someone earning less than 150% Area Median Income (further defined for renter- and owner-occupied units below). Thus, workforce and attainable housing opportunities created or facilitated by the Town shall be located within the school district and pricing should accommodate individuals and families making less than 150% AMI. i.Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development. ii.Renter-Occupied Attainable Housing Units: Consistent with Estes Park Development Code Chapter 11, Section 11.4, "attainable housing units" and "workforce housing units" for renters shall mean the following: The image part with relationship ID rId8 was not found in the file. Attachment 2 Page 339 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 2 of 4 a) Housing units that are attainable to households earning 150% of the Larimer County Area Median Income or below, adjusted for household size. b) To qualify as attainable rental units, housing costs (i.e., rent and utility expenses) must not exceed thirty percent (30%) of the maximum income for an imputed household size based on 150% of the Larimer County Area Median Income. The imputed household size is equal to one and one-half (1.5) times the number of bedrooms in the unit. For example, rent on a two- bedroom unit would be equal to 30% of the monthly income limit of a three- person family; for a three-bedroom unit the rent should not exceed 30% of the monthly income of a four-and-one-half-person family—the midpoint of the range of a four- and five-person family. c) If the property owner does not pay all utility expenses, then a utility allowance, computed by the Estes Park Housing Authority, must be subtracted from the housing cost to determine the maximum rent. iii. Owner-Occupied Attainable Housing Units: Consistent with Estes Park Development Code Chapter 11, Section 11.4, "attainable housing units" and "workforce housing units" for unit owners shall mean the following: a) Housing units that are attainable to households earning 150% of the Larimer County Area Median Income or below, adjusted for household size. b) To qualify as attainable units, housing costs must not exceed 40% of the 150% Larimer County Area Median Income, adjusted for household size. b. Workforce and Attainable Housing Goals The Town’s goals associated with workforce and attainable housing, which should inform Town decisions related to development, are as follows: • Increase the availability of workforce and attainable housing within the boundaries of the school district. • Preserve or facilitate rehabilitation of existing workforce and attainable housing as opportunities arise. • Promote the construction of housing within the school district that is affordable to households with incomes at or below 150% of the area-wide median. • Promote greater housing choices (including levels of affordability, as well as rental and ownership options) for households with incomes at or below 150% of the area-wide median income within the school district, including those for year- round employees as well as seasonal employees. • Negotiate with developers, as necessary, to ensure that developments with housing units include workforce housing with a range of affordability for individuals or households earning between 30% and 150% of AMI. • Assist local employers in reducing critical labor shortages of skilled and semi- skilled workers by providing housing that will be accessible to the worker’s places of business. Page 340 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 3 of 4 • Work with Larimer County to further the Town’s workforce housing goals within the school district in areas that fall outside of Town limits. c. The Town’s Role The Town’s formal role with respect to workforce housing is to: • Support the Estes Park Housing Authority both financially and as an active partner and participant in its housing development and strategic planning efforts. • Advocate for development that includes workforce housing with a range of affordability for households with incomes at or below 150% of the area-wide median income. For rentals, advocate for housing that is affordable for those earning less than 30% AMI and between 80-120% AMI. • Partner with private entities/developers to create workforce housing on Town- owned property (although the preferred approach is to work through the EPHA in these efforts). • Provide financial support for the development of workforce housing. • Periodically review the Development Code and make revisions as appropriate and feasible to encourage development of workforce housing. • Work with Larimer County to further the Town’s workforce housing goals within the school district in areas that fall outside of Town limits. d. Workforce and Attainable Housing Fund i. Establishment There shall be a fund within the General Fund dedicated to advancing the workforce and attainable housing goals outlined above. ii. Appropriations to the Workforce and Attainable Housing Fund: On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate to the Workforce and Attainable Housing Fund. The recommendation will be based on funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual Workforce and Childcare Funding Plan provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement). The Town Board may appropriate other funds to the Workforce and Attainable Housing Fund whenever and in whatever amount it deems appropriate. iii. Other Revenues: In addition to the appropriations outlined above, other revenue sources for the Workforce and Attainable Housing Fund may include donations, clean and lien repayments, loan repayments, vacant property registration fees or property tax surcharges, proceeds from the sale or lease of public property, and grants related to workforce housing related activities. iv. Workforce and Attainable Housing Fund Expenditures: Page 341 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 4 of 4 a) The Workforce and Attainable Housing Fund will be the primary place where Town funds used to further workforce and attainable housing goals are allocated for expenditure. Expenditures from the Workforce and Attainable Housing Reserve Fund will include, but are not limited to: • Acquisition of real property to be used for workforce or attainable housing • Construction of new housing • Redevelopment, rehabilitation, or repair of existing property to be used for workforce housing • Rental and/or down payment assistance • Purchase of deed restrictions • Subsidies for developments that offer workforce housing, including tap fee subsidies • Subsidies for creation of workforce or attainable housing, including accessory dwelling units • Pre-development activities, including needs assessments, strategic plans, or market analyses necessary to understand and prepare for developments that offer workforce housing b) Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. For example, if funds are transferred to the Estes Park Housing Authority for the stated purpose of property acquisition for a housing development or land-banking, the enabling contract/agreement will detail the decision making authority of the Housing Authority vis-à-vis the Town Board. c) Base Funding for the Estes Park Housing Authority, if approved by the Board during the annual budget development process, will remain in the Outside Entity Funding budget. The Housing Authority will remain eligible for funds consistent with Finance Policy 671: Town Funding of Outside Entities. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 342 Document Title Policy 227 – Workforce Housing Guidelines 12/8/2020 Revisions: 0 Town of Estes Park, Town Administrator’s Office Page 5 of 5 _____________________________ Wendy Koenig, Mayor _____________ Date Page 343       Page 344 PUBLIC COMMENT RECEIVED ON 2/24/2023  Board of Trustees Public Comment Name: Dave Albee Stance on Item: Neutral Agenda Item Title: General Public Comment. Public Comment: NEW PARK? Near and outside of the Fish Hatchery Workforce housing project. The goal in the COMPREHENSIVE PLAN page 43 HS 2.B: is to acquire and build NEW PARKs. I saw a sign on the Fish Hatchery property and assumed that it was being re-zoned. The re-zoning was finished and approved 10- 22-2022. At that time, they re-zoned land to from A-1 ACCOMODATIONS to RM MULTI-FAMILY RESIDENTIAL. To the EAST of Fish Hatchery Road is the original historic fish hatchery and this can easily contain all 190 workforce housing units. The parcel to the WEST of Fish Hatchery Road is the Town owned old Water Treatment Facility and would be an ideal place for a SMALL PARK. This is next to the RIVER, the Hydro plant and at the end of the new FALL RIVER TRAIL. Without houses it will continue to be a wildlife path. 1. My concern is why are we giving up Town owned open space land on the west side of the Fish Hatchery Road for more MULTI-FAMILY houses? Temp solution, “split”, put West on Hold, East on Workforce. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 345       Page 346