HomeMy WebLinkAboutPACKET Town Board 2023-12-12NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
The 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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, December 12, 2023
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ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the 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
5:30 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
For a conference with an attorney for the Board for the purpose of receiving legal advice on
specific legal questions – Section 24-6-402(4}(b}, C.R.S. – Petitions for Initiated Ordinances
Regarding Development Applications and Noise.
REGULAR BUSINESS
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Prepared 12-01-2023
*Revised
Agenda Page 1 of 3 Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated November 28, 2023 and Town Board Study Session
Minutes dated November 28, 2023.
3.Transportation Advisory Board Minutes dated October 18, 2023 (acknowledgment
only).
4.Resolution 105-23 Professional Services Contract Extension with Ayres Associates for
Planning Consulting Services.
5.Resolution 106-23 Renew Professional Services Contract Amendment Five with
SAFEbuilt Colorado, LLC for 2024 Builiding Services.
6.Resolution 107-23 Officially Scheduling the Regular Municipal Election – April 2, 2024.
7.Resolution 108-23 Service Contract for High-Voltage Power Line Tree Trimming
Services with Adam’s Tree Service, First Year (2024) $376,396.80, Budgeted.
8.Request to Continue Resolution 99-23 Setting the Mill Levy for the 2024 Budget Year
to January 9, 2024.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1.ESTES PARK HEALTH UPDATE ON HOME HEALTH, HOSPICE, AND NON-
MEDICAL HOME CARE. Estes Park Health Chairman Batey and CEO Carda.
ACTION ITEMS:
1.ORDINANCE 13-23 AMENDING ESTES PARK MUNICIPAL CODE SECTION
2.20.010 COMPENSATION OF MAYOR, MAYOR PRO TEM, AND TRUSTEES.
Town Clerk Williamson.
To consider amending the compensation provided to newly elected officials in 2024
and codifying the process used to determine future increases.
2.RESOLUTION 109-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #6 TO THE
2023 BUDGET. Director Creamean.
To amend the 2023 budget for additional appropriations for increased purchased
power costs, replacement of two bucket trucks, an increase in estimated medical
claims, and other year-end adjustments.
3.ORDINANCE 14-23 AMENDING CHAPTER 10.06 OF THE ESTES PARK
MUNICIPAL CODE ON PAID PARKING. Supervisor Klein.
To change the date by which the Manager shall propose parking rates for the following
paid parking season from December 15th to March 15th of each subsequent year.
4.RESOLUTION 110-23 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING
AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT.
Manager Bangs.
Consider the expenditure of 6E funds to the Estes Valley Recreation & Park District to
support after school care.
5.ORDINANCE 15-23 AMENDING ESTES PARK MUNICIPAL CODE SECTION 2.04
REGARDING RESTRICTIONS ON CURRENT AND FORMER MEMBERS OF THE
BOARD OF TRUSTEES BEING EMPLOYED BY THE TOWN. Town Administrator
Machalek.
To consider an amendment to prohibit members of the Town Board from being
employed with the Town for one year from the end of their term on the Board.
Agenda continues on page 3.
Agenda Page 2 of 3
Page 2
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
REQUEST TO ENTER EXECUTIVE SESSION:
To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other
property of interest – Section 24-6-402(4}(a}, C.R.S., and for a conference with an attorney
for the Board for the purposes of receiving legal advice on specific legal questions - Section
24-6-402(4}(b}, C.R.S, and 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.R.S. – Potential real property purchase of 1230 Big
Thompson Avenue for relocation of the Police Department.
ADJOURN.
Town Board Meeting for December 26, 2023 Has Been Cancelled.
Agenda Page 3 of 3
Page 3
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Town of Estes Park, Larimer County, Colorado, November 28, 2023
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of
Estes Park on the 28th day of November, 2023.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Frank Lancaster
Barbara MacAlpine and
Patrick Martchink
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustees Kirby Hazelton and Cindy Younglund
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
UNITED STATES PERMANENT RESIDENT STATUS RECOGNITION.
The Mayor recognized Antonio Franco for obtaining permanent resident status in the
United States and congratulated him on the hard work and dedication necessary to attain
this achievement.
AGENDA APPROVAL.
It was moved and seconded (Martchink/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
John Guffey/Town citizen voiced his interest to participate in the community and stated
the opportunity for RMNP to present their work was a critical function of the Town. He
stated the Park School District Strategic Plan should include an aim to raise children to
understand and fully experience humanity with nature. He read a section of the Book of
Awakening related to giving thanks and the relationship between humans and mother
nature.
Kristine Poppitz/County resident stated petitions for a citizen initiated ordinance related
to development applications were approved as to form and were being circulated at the
Post Office.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: The Housing Authority Board
meet to discuss acquisition opportunities. American Rescue Plan Act (ARPA) funds from
Larimer County have been secured for the Fish Hatchery Project. Visit Estes Park (VEP)
scheduled Frozen Dead Guy Days for March 15-17, 2024, and as part of the Catch the
Glow season Frosty Beer Fest would be held December 9, 2023. International
City/County Managers Association held the Colorado Counties Conference, where
housing was a primary topic of discussion, including property tax concerns. The League
of Women Voters held a sustainability meeting to receive an overview from VEP and
Mobility Manager Solesbee on sustainability efforts. A Trustee Talk session was held and
topics included construction progress updates and timetables, the 2024 budget and open
discussion on local issues. The Town would hold a public meeting to review layout
concepts for each street in the Reclamation Neighborhood. Mayor Koenig stated the
Larimer County Behavior Health meeting would take place at the new facility in Fort
Collins. The Mayor wished the public happy holidays and reminded the public the
December 26, 2023 meeting would be cancelled.
TOWN ADMINISTRATOR REPORT.
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Board of Trustees – November 28, 2023 – Page 2
Town Administrator Machalek stated gratitude for the Water Division’s efforts during a
Thanksgiving day holiday leak incident on Panorama Circle.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 14, 2023, and Town Board Study Session
Minutes dated November 14, 2023.
3. Estes Park Planning Commission Minutes dated October 17, 2023
(acknowledgment only).
4. Consider the Acceptance of Art in Public Places Sculpture Donation – Book Loving
Betty.
Discussion ensued regarding the Consent Agenda Item #4. Trustee MacAlpine requested
clarification on the application process and why the application identified the art as not an
original piece. Supervisor Berg stated this application included the first manufactured
donation since the adoption of Policy 880 Public Art which defines public art as an original
creation. It was recommended staff review the policy for updates to remove the stipulation
for original pieces.
It was moved and seconded (Lancaster/MacAlpine) to approve the Consent Agenda,
and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ENVIRONMENTAL ASSESSMENT FOR RMNP’S DAY USE VISITOR ACCESS
PLAN. Mayor Koenig welcomed Superintendent Gary Ingram who requested
Board and community feedback on the Day Use Visitor Access Plan and
Environmental Assessment. Management Specialist and Public Affairs Officer
Kyle Patterson reviewed the National Park Service Mission, Organic Act and
RMNP history. The purpose and need for the Plan highlights included: To protect
and enhance the Park’s fundamental resources and values and achieve and
maintain desired conditions, and to address rapid growth. The primary issues the
Plan would address included: Natural and cultural resources, visitor experience,
staff and visitor safety, and facilities and operations. Management Specialist John
Hannon provided an overview of alternatives to meet the purpose and need of the
plan including existing strategies, options for no action and reverting back to pre-
2020 pilot management which would not meet the purpose and needs of the plan.
He reviewed common strategies and highlights to Alternatives B, C, and D. He
stated Bear Lake timed entry was identified in all alternatives being considered for
2024. Specialist Hannon reviewed the desired conditions zones which was
primarily comprised of 95% designated as Wilderness. He reviewed alternatives
and actions which were considered but dismissed, including stand-alone intelligent
transportation system, expanded infrastructure, multi-day reservations, and daily
reservations to the Bear Lake Road Corridor. National Visitor Use Management
Team (NVUMT) and National Parks Service Advisor to the Interagency Council
Rachel Collins provided an overview of the environmental analysis, how
alternatives vary and affect user use, access and experience and the affected
environmental consequences. She reviewed the current phase of the program
stating the comment period would be open through December 14, 2023 and
encouraged the public to provide comments for consideration. Board questions
have been summarized: The process for final adoption of the plan and by which
government agencies; how concessionaires fit into the permit system and future
permit considerations; changes to the commuter permit; whether other National
Parks provide considerations to surrounding residents; and an explanation of the
NVUMT was requested and how they participate in the plan development.
Discussion ensued regarding preferential treatment to honor locals which was not
being implemented in other National Park’s. The Park stated defining a local can
be difficult and added we all benefit from RMNP and would continue to find the
best solution for all. Gratitude was heard for the continued partnership between
the Town and RMNP.
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Board of Trustees – November 28, 2023 – Page 3
ACTION ITEMS:
1. ORDINANCE 12-23 TEMPORARY 6-MONTH MORATORIUM ON NEW BED
AND BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public
hearing. At the November 14, 2023 meeting staff presented updated regulations
and an ordinance for bed and breakfast licenses. The Board tabled the item to
allow more time to review options to update the definition and regulations in the
Estes Park Municipal Code. In addition, the Board requested an extension of a
previous 6-month moratorium approved on May 23, 2023 expiring on November
23, 2023. The Mayor closed the public hearing and it was moved and seconded
(Martchink/Lancaster) to approve Ordinance 12-23, and it passed unanimously.
2. POLICY 603 – UTILITY FEE AMORTIZATION. Director Creamean presented
Policy 603 – Utility Fee Amortization to support the essential community needs
with an option to amortize water system development and water rights fees over
time. The policy would support attainable and workforce housing, assisted living,
public-sector projects and health care services. The proposed policy would limit
eligible entities, developments and projects, and limit minimum project/fee amount
to be amortized. Staff recommended approval of Policy 603 and requested Board
consideration. Trustee MacAlpine requested clarification on the reasons the policy
was brought forward for consideration. Town Administrator Machalek stated the
policy would help keep costs down for important community projects and would be
low-risk. It was moved and seconded (Cenac/MacAlpine) to approve Policy 603
– Utility Fee Amortization with the inclusion of a reference to Policy
Governance, update the effective date and minor formatting corrections, and
it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. PROPERTY TAX UPDATE. Director Creamean presented property tax data to the
Board related to Senate Bill 23B-1 and the timeline for mill levy approval. Senate
Bill 23B-1 was approved during special session, exempts $55,000 from taxation
and lowers the residential assessment rate from 6.765% to 6.7%, and changes the
property tax calendars. He stated SB 23B-1 was similar to Proposition HH which
voters did not pass and would provide no changes to commercial assessments.
He reviewed the estimated impact of SB 23B-1 on the Town’s tax revenue and
scenarios for additional tax relief. Town Administrator Machalek stated any Town
changes to property tax would be applied to both residential and commercial
properties. Director Creamean stated House Bill 23B-1003 was also approved
during the special session to form a taskforce at the state level to identify
permanent and sustainable changes to property taxation statewide. Board
questions and comments have been summarized: Clarification on the estimated
amount for property revenues in 2024; clarification on the new property tax timeline
and Town requirements to set the mill levy; and other special districts in Estes Park
were encouraged to consider review of their mill levy. Board consensus was heard
to utilize 2022 assessment numbers plus new construction with enough margin for
modifications if necessary.
2. BOARD COMPENSATION FOR 2024. At the October 24, 2023 study session,
staff presented an option to codify Town Board compensation adjustments utilizing
the Consumer Price Index (CPI) for the previous two years using October figures.
The Board directed staff to research compensation figures for market communities.
Using the Colorado Municipal League compensation report staff identified the
Town appears in alignment with other market communities of similar size and
among other larger communities along the front range including Erie, Lafayette,
Loveland, and Superior. Staff recommended bringing forward a proposed
ordinance at the December 12, 2023 meeting to consider codifying the adjustment
to Board compensation using CPI. The salary adjustment would take effect for the
Board members elected at the April 2, 2024 regular municipal election. Trustee
Martchink recommended CPI for the Trustees, and increasing the compensation
for Mayor to $25,000 due to the level of commitment required by the position.
Mayor Koenig highlighted the value of benefits provided to elected officials and
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stated potential impacts for social security recipients if the compensation was
increased as suggested. Board discussion ensued regarding compensation
adjustments for employee pay families and setting compensation at a level which
encourages individuals to run for office. Board consensus was to bring forward an
ordinance to modify current Board salaries by CPI for 2024, to adjustment future
compensation using CPI, and to . review compensation data prior to the
implementation of CPI adjustments prior to each election.
Whereupon Mayor Koenig adjourned the meeting at 9:05 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado November 28, 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 28th day of November,
2023.
Board: Mayor Koenig, Trustees Cenac, Hazelton, Lancaster,
MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Trustees Lancaster, MacAlpine, and
Martchink
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Town Clerk
Williamson
Absent: Mayor Pro Tem Cenac, Trustees Hazelton and Younglund
Mayor Koenig called the meeting to order at 5:00 p.m.
GROWING WATER SMART OVERVIEW.
Deputy Town Administrator Damweber stated the Growing Water Smart program
provides Colorado communities a range of communication, public engagement,
planning, and policy implementation tools to understand their watershed health and
work towards achieving community resiliency goals. He stated a number of employees
attended a workshop to learn the more about the program and begin to develop
preliminary goals for the Town. Manager Wesley stated the Water division would
develop an updated water master plan, address water loss through water looping
projects, replacement of old pipes to decrease catastrophic breaks and leaks, and
utilize software to understand where water goes. Engineer Waters reviewed Public
Works efforts to address stormwater needs to ensure the health and resiliency of the
watershed. The Town has developed a stormwater master plan and begun to develop a
funding plan. The next step would be to develop a plan to address drainage issues
within the community. Community Development would rewrite the development code
with a focus on new requirements for applicants to design standards that incorporate
water efficient construction, review landscaping and associated maintenance
requirements, and update the plant list with a focus on drought-resistant, native, and
“firewise” or wildfire-resistant species. Trustee Martchink stated graywater recycling
and appliances have become more popular, and he would like a discussion of the item
during the development code rewrite for new development or retrofitting a home.
WATER DIVISION 101 AND WATER MASTER PLAN.
Director Bergsten stated the goal of the presentation was to provide the Board with an
overview of the Water division to outline current operations and issues of the division in
advance of the upcoming update to the water master plan. The division includes
administration, water quality lab, water plant operation, distribution, and capital projects
that provide water to customers inside and outside of town limits, with 5,600 service
connections, 120+ miles of water mains, 792 fire hydrants, 9 storage tanks, with 3.395
million gallons of treated water serving 7 pressure zones, and 12,000 water quality tests
per year. Manager Callahan reviewed water quality and laboratory services that sample
and test raw and treated water to support the water treatment, distribution, and
sampling for other local water systems. The Town’s raw water source comes from snow
melt that has a low alkalinity, high color during spring runoff impacts filter operations,
very cold water slows formation of flocs and impacts disinfection, high total organic
carbon (TOCs) forms disinfection by-products, taste and odor from organics and algae,
and the use of chemicals to manage the TCOs that causes wear on the membrane
system. Manager Wesley reviewed the water treatment plants including Mary’s Lake
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Town Board Study Session – November 28, 2023 – Page 2
which operates spring through summer and Glacier Creek plant which operates summer
through early spring. She outlined the challenges of each plant: 1) Mary’s Lake does not
have redundancy at full capacity, dependent on the Adam’s Tunnel for raw water, and
the quality of the raw water; and 2) Glacier Creek plant has met the useful life of the
structure and the equipment, limited utilities and poor communications, challenging
access, and seasonal water quality. Supervisor Lang reviewed water distribution and
storage that serves residential, commercial, construction, fire protection, bulk water,
storage for peak demand and fire flow, serves 5 private systems, with 5,000 utility
locates performed annually, and the need to move water to reduce water age and
improving water quality. The distribution system contains older galvanized or cast-iron
smaller diameter pipes which are not buried deep enough to prevent freezing, and the
system contains higher than typical pressures. Water distribution continues to address
dead ends, low winter demand resulting in increased water age, and federal and state
regulations to inventory service lines to identify lead lines within the system. The 2024
Master Plan would review the population and demand projections, reassess key water
assets, optimize the water system performance, define existing system capital
improvements, define capital improvement plan (CIP) to meet level-of-service for future
conditions, identify funding opportunities to support the CIP, and support the greater
economy through augmentation, water testing and development review.
2023 PAID PARKING PROGRAM YEAR-END REPORT.
Supervisor Klein presented an overview of the current parking program during 2023
which consisted of 150 days from May 26 – October 22 mirroring the RMNP timed entry
season. The 2023 operational improvements primarily focused on increased
communication to assist residents and guests due to heavy construction in the
downtown corridor and road closures. Other changes for 2023 included a transition to
pay stations to push/pull credit card readers in high-traffic areas to reduce the
processing time; increased the non-enforcement parking field team presence; issuance
of warnings in lieu of citations on October weekdays when parking was less full; and
updated pedestrian-level payment signage to direct customers to connect to local wi-fi
for an efficient mobile payment experience. Overall average occupancy, including the
parking structure and events complex parking lot, was up 2% compared to 2022 and flat
compared to 2021. The average occupancy for paid parking was 79%, free parking
62%, and 23% for the parking structure in 2023. The local parking permit increased
from 60 minutes to 120 minutes with no significant increase in utilization. Community
and customer input throughout the parking season included parking revenue task force,
presentations to partner agencies, translation of parking information into Spanish, Park-
n-Walk challenge, outreach to lodging partners, a new Library partnership, and an
annual permit survey. The program continues to develop with customer service
interactions trending positive/neutral; the available parking continues to be adequate
during the weekdays and weekends are consistently full; the program broke down in
early fall on specific Bond Park events in late August, September, and October; and
ridership on the shuttle system downtown dramatically increased. With the level of
construction disruption to continue in the downtown corridor in 2024, staff recommends
no significant change or expansion to the 2024 paid parking program.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Seasonal RV housing on commercial sites pilot program was added to the approved
unscheduled list. Trustee MacAlpine stated the Estes Park Planning Commission
requested a joint study session to discuss the development code updates.
There being no further business, Mayor Koenig adjourned the meeting at 6:31 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, October 18, 2023
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 18th day of
October, 2023.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal,
Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and
Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen
Attending: Chair Morris; Members Ferko, Gamble, Igel, and Slack; Director Muhonen;
Manager Solesbee; Supervisor Klein; Recording Secretary McDonald;
Jennifer Waters, Public Works Engineer; Paul Hornbeck, Community
Development; Gina Fox, Colorado Department of Transportation (CDOT);
Anthony Pratt, Kimley-Horn & Associates; Colleen DePasquale, Estes
Chamber of Commerce
Absent: Vice-Chair Ekeren, Member Bernal, Member Finley, Member Hanick
Chair Morris called the meeting to order at 12:07 p.m.
PUBLIC COMMENT
Chair Morris summarized the emailed public comment that was included in the packet,
which requests improvements at the CO 7 and Lexington Lane intersection.
Member Igel reported on public comments provided to him by his business customers
and fellow downtown business owners. Comments included that UPS services downtown
are being compromised due to poor planning and communication; that Estes Park has
changed so much in 40 years that it is no longer “nice” and feels more “like a city” now,
especially due to paid parking; and that Cleave Street development is not happening
according to what business owners were told by the Town. Manager Solesbee advised
that dialogue is currently happening with certain business owners regarding UPS delivery
challenges.
TRUSTEE LIAISON UPDATE
Trustee Martchink reported that an overview of the 2024 National Community Survey
would be presented at the October 24 Town Board meeting. TAB members were
encouraged to attend.
APPROVAL OF MINUTES DATED SEPTEMBER 20, 2023
It was moved and seconded (Slack/Gamble) to approve the September 20, 2023,
minutes with minor amendments, and it passed. Member Ferko abstained due to
absence from the September 20 meeting.
NAAPME OPPORTUNITY FOR MORAINE AVENUE TRAIL; US 34 & US 36 OVERLAY
PAVING
Gina Fox (CDOT R4 North Program) walked through her first presentation, “CDOT’s
Proposed and Upcoming Projects for US 34 and US 36.” Final Office Review (FOR) plans
for overlay are due October 31, with advertising to begin November 30 and the overlay
planned for June 1-September 1, 2024, during the warmer months. The scope of the
resurfacing project includes curb ramp repairs; ADA repairs; overall bicycle and
pedestrian safety considerations; and retaining wall construction along the Big Thompson
River west of Fun City, which is planned for February through May 15, 2024. The overlay
has a 20-year life expectancy.
Presenter Fox then explained the Nonattainment Area Air Pollution Mitigation Enterprise
(NAAPME) funds opportunity for the Moraine Avenue trail. She applied for $12m but has
not received an official follow-up. Member Ferko, a NAAPME Board Member, advised
that Estes Park is not in a nonattainment area and may not be eligible for NAAPME
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Transportation Advisory Board – October 18, 2023 – Page 2
funding. Resident engineers for local agencies can apply for Congestion Mitigation and
Air Quality (CMAQ) funds.
Discussion points for both presentations included the need for communication regarding
the overlay project’s impact on traffic control for Rocky Mountain National Park (RMNP)
and status of the floodplain submittal; the general inconvenience of CDOT adding to the
major construction projects already underway in the downtown artery, especially without
addressing other improvements that could encourage non-car transit; the preference for
night work in June and July to expedite the project; the deterioration of the US 34 bike
path; and how the TAB can promote Estes Park’s eligibility for Moraine Avenue trail
improvement funding.
CONSULTANT UPDATE ON MULTIMODAL TRANSPORTATION PLAN & TRANSIT
DEVELOPMENT PLAN
Manager Solesbee introduced consultant Anthony Pratt (Kimley-Horn and Associates)
and provided some context for this agenda item. The Multimodal Transportation Plan
(MTP) and Transit Development Plan (TDP) are separate plans on parallel development
and contracted through Kimley-Horn and Nelson\Nygaard Consulting Associates; overall
project planning should take 12 months and result in considerations for the 2025 Town
budget. With a 20-year outlook, the MTP is intended to build off transportation mode
strategies detailed in the Estes Forward comprehensive plan; the TDP is a five-year plan
to examine transit ridership, routes and service types, and technology methods. The
Steering Committee is in place, and the TAB is needed to provide input early in the
community outreach phase. Community engagement opportunities will take place now
through spring, with the draft plan expected in mid-summer 2024.
Presenter Pratt explained how the overall purpose of the MTP and TDP is captured in the
simplified project title of Estes Park 2045 Transportation Plan (EPTP). The term
“multimodal” in the title was indefinitely set aside in favor of using “for all modes, ages,
and abilities” in the tagline. An overview of the new project webpage highlighted the
multilingual features in development, and the issue mapping survey tool was
demonstrated; TAB members were given a promotional EPTP postcard with the survey
QR-code and asked to beta test the draft website and mapping tool before it goes
completely public. Survey results will be printed and posted online in English and Spanish.
Discussion points included suggestions for additional marker/comment types on the
mapping survey (“accessibility” and “big ideas”); adding the survey URL to the postcard;
considering the use of circles or wheels on the project webpage to reflect the plan’s
connectivity nature; how survey comments pertaining to county ownership would be
communicated to Larimer County; whether TAB members were opposed to the decision
to drop “multimodal” from the plan title; and project outreach events currently being
planned. Manager Solesbee invited members to email her if they learn of any community
events that would be appropriate opportunities for public engagement on the EPTP.
TAB MEETING TIME DISCUSSION
It was requested that this item be moved up from the official agenda time.
Chair Morris summarized the September 20 discussion of the TAB meeting time,
explaining that establishing a morning time frame had been agreed upon because it might
better accommodate the schedules of business owners.
Discussion points included the difficulty for many members and the general public in
attending the current midday meeting time; the basic pros and cons of an evening or
weekend meeting time; whether more attention could be drawn to the public comment
form on the website (Recording Secretary McDonald will add the form to the actual TAB
webpage); and why hybrid meetings (live with virtual option) are not offered. Director
Muhonen advised that the Town Board sets the meeting format protocol for Town boards
and committees, but that it may be possible for Town executive leadership to reopen the
discussion.
It was agreed that TAB members would be surveyed via email for their meeting time
preference.
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Transportation Advisory Board – October 18, 2023 – Page 3
PAID PARKING PROGRAM DISCUSSION
Supervisor Klein reported that the paid parking season closes on October 22, with signs
scheduled for removal on October 23. The parking structure has been full every weekend
in September and October, with “game-day” traffic demanding police and traffic control
staff. Complete utilization data will be processed and presented to the TAB on November
15.
Manager Solesbee explained that staff is seeking Town Board approval to amend the
reporting time frame for decisions to be made about the paid parking season. Now that
the Town’s fall events are essentially extending the peak season through late October, it
is no longer realistic to adequately analyze the paid parking season data, engage the
stakeholders, and propose meaningful changes for the following paid parking season by
December 31. Therefore, a March 1 reporting time for decisions will be proposed. It was
agreed that extending the decision-making period was beneficial because addressing
issues with the “one size fits all” approach for a parking season can be ineffective policy
when only “problem segments” occurring within a particular season need to be
addressed.
MOBILITY SERVICES
Due to time considerations, Manager Solesbee forfeited this agenda item but reported
that she just finished writing the request for proposals (RFP) for the Big Horn parking
structure design.
ENGINEERING & ADMINISTRATIVE UPDATES
Director Muhonen reported the Downtown Estes Loop (DEL) traffic pattern change. The
night work permit for Flatiron Constructors, Inc. (FCI) has been extended through
Memorial Day 2024. The Post Office retains 10 spaces on the lot’s west side for postal
carriers, but office customers must park in the Riverside lot. Public Works is in dialogue
with the postmaster regarding the offer to remove snow and create other
accommodations for patrons to navigate to the entrance. Repaving work on East
Riverside Drive and East Elkhorn Avenue should be complete before the downtown
Halloween event.
Traffic flow is smooth at the new US 36/Community Drive Roundabout (CDRBT). The
guard rail was incorrectly installed and will be fixed. Some signs will be relocated for better
visibility, and the street light poles are expected in late December. Landscaping work will
be completed by Memorial Day 2024. The new ranch water station opened near the ball
fields on Community Drive.
The Estes Park Sanitation District (EPSD) completed its infrastructure work for the Cleave
Street Improvements (CSI) and will add all-weather material on the trenches. The Town’s
Power & Communications Department has delayed their relocation project until early
December, and Engineer Bailey is confirming the time frame for underground utilities
relocation.
The US 34 Coalition met October 5 to hear about the US 34 Transportation Management
Organization (TMO) development progress. The TMO will be composed of private and
public members focused on the future of transportation options between Kersey and
Estes Park; Manager Solesbee will serve on the TMO Selection Committee. With CDOT
grant funding now in place, the RFP can be issued soon and the consultant selected by
January.
Discussion topics for all projects included the lack of adequate parking spaces for Post
Office customers, particularly for the Christmas season; the efficacy of FCI hearing public
comments about Post Office parking issues at the October 3 DEL Public Meeting; the
expectation of strong business participation for the October 31 Halloween event; and
whether increased signage or a flashing light at the new roundabout could encourage
some drivers to slow down. It was agreed that traffic behavior at the roundabout would
be better monitored after the permanent street lights are installed.
Page 13
Transportation Advisory Board – October 18, 2023 – Page 4
OTHER BUSINESS
There was brief discussion about how to secure the funding needed for the Moraine
Avenue trail improvements since NAAPME may not be possible.
There being no further business, Chair Morris adjourned the meeting at 2:17 p.m.
/s/Lani McDonald, Recording Secretary
Page 14
PUBLIC COMMENT RECEIVED ON 12/12/2023
Board of Trustees Public Comment
Name: joan hooper
Stance on Item: Neutral
Agenda Item Title: TAB Minutes dated October 18, 2023.
Public Comment:
Re: Moraine Ave Trail funding opportunity, deterioration of US34 bike path, and repaving/improvements
along the Big Thompson River west of Fun City, which is planned for February through May 15, 2024. It is
imperative that the town take this opportunity to improve bicycle and pedestrian safety along this route as
part of the project. Adding a sidewalk and bike lane through here is possible, highly desirable and the cost
would be much lower if it were incorporated into the repaving and improvements that are scheduled for
next spring.
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To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator/Acting Community
Development Director
Date: December 12, 2023
RE: Resolution 105-23 Professional Services Contract Extension with Ayres
Associates for Planning Consulting Services
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve a Professional Services Contract extension with Ayres Associates
Inc. for planning consulting services on behalf of the Town. The contract, which would
be the third and final extension permitted per the original extension agreement, would
be effective for all of CY 2024 and has a not-to-exceed cost of $100,000.
Present Situation:
Community Development staff have administered professional-services contracts for
on-demand planning consulting services for at least the past ten years. “On-demand” in
this context refers to the contractual ability for our staff to request the consultants
perform specific planning services, billable to the Town at hourly rates set in the
contract(s). A typical on-demand task would be reviewing and providing analysis and a
staff report on a specific development project - usually these are projects that do not
require extensive in-person services, such as presenting to Planning Commission.
Other assignments involve longer-range planning projects; for example, our consultants
have completed an examination of the economic ramifications of increased downtown
building height and an analysis and proposal of development review fees.
Ayres Associates, via their Fort Collins office, has fulfilled this role for Planning division
since the beginning of 2018. Ayres Associates were retained following a competitive
request-for-qualifications (RFQ) process. Staff have been very satisfied with their
Memo COMMUNITY DEVELOPMENT
Page 15
performance during this time, and we have renewed their contract each calendar year. If
the existing contract is extended, it would be the third and final extension permitted.
Proposal:
The current proposal is to approve (renew) the contract with Ayres Associates for CY
2024. The term is for one year: January 1, 2024 through Dec. 31, 2024. The not-to-
exceed amount is $100,000 for the year, with actual payments based on monthly
invoicing at hourly rates, per Attachment 4 (Estes Park Ayres Compensation 2024.)
These provisions are the same or similar to those in past years.
Advantages:
•Allows additional flexibility in staffing for development review and long-range
planning
•Continues a longstanding professional collaboration between the Town and a
competent consulting firm
Disadvantages:
•None identified at this time.
Action Recommended:
Staff recommends approval of the contract as drafted.
Finance/Resource Impact:
Not to exceed $100,000 during FY 2024.
Level of Public Interest
Low.
Sample Motions:
I move to approve/deny Resolution 105-23.
Attachments:
1.Resolution 105-23
2.Contract Extension No. 3
3. Exhibit A - Ayres Associates Compensation Schedule 2024
4.Contract Extension No. 2
5.2021 Contract for Professional Services Between the Town of Estes Park and
Ayres Associates Inc.
Page 16
RESOLUTION 105-23
APPROVING A PROFESSIONAL SERVICES CONTRACT EXTENSION WITH AYRES
ASSOCIATES FOR PLANNING CONSULTING SERVICES
WHEREAS, the Town Board desires to restate and extend the professional
services contract referenced in the title of this resolution for the purpose of continuity of
planning consulting services.
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 professional services
contract extension 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 17
PROFESSIONAL SERVICES CONTRACT
EXTENSION NO. 3
Contract for Professional Services between the Town of Estes Park and Ayres Associates Inc.
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Ayres Associates Inc. (Contractor), whose address is 3665 JFK Parkway, Building 2, Suite 100,
Fort Collins, Colorado, 80525-3152, make this Contract Extension this __________ day of
____________________, 2023, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town and Contractor entered into a Professional Services Contract on January 1,
2021 for on-call planning consulting services (Contract).
1.2 Section 25 of the Contract originally provided that the term would continue through
December 31, 2021, and provided for up to three (3) renewals for a period of one year
each, upon mutual agreement of the parties.
1.3 The Contract has been extended two times.
1.4 Town and Contractor desire to extend the Contract for an additional year.
2 EXTENSION: The term of the Contract is hereby extended for one additional year.
Exhibit A of the Contract is hereby replaced with the Exhibit A attached hereto ("C.-
Compensation-2024"). Contractor shall not incur expenses to the Town exceeding $100,000
in 2024 unless specifically approved in writing by the Town following approval by the
Town Board of Trustees.
3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force
and effect. All provisions of the Contract relating to the interpretation or application of the
Contract shall apply equally to this Contract Extension as though fully set forth herein. This
instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
Signature pages follow.
ATTACHMENT 2
Page 18
Page 2 of 3
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2023, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 19
Page 3 of 3
TOWN OF ESTES PARK
By:
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 20
Ayres Associates is comfortable working as on-call staff as demonstrated by other similar arrangements we
currently have in place. To help facilitate cost-efficient delivery of services, we've assigned three primary
planners to assist in work for Estes Park. Additionally, should the need arise for engineering services, we can also
provide more technical assistance at a moment's notice.
Staff Fee Schedule:
Senior Urban Planner -$160-$210/hour
Planner -$95-$135/hour
Landscape Architect/Engineer -$115-$195/hour
Administrative -$90/hour
Expenses:
We understand that team members may be called upon to present at study sessions, meetings, and hearings
before the Planning Commission, Board of Trustees, and Board of Commissioners. Our team will be billing out
of our Fort Collins office. Mileage will be charged at the current federal rate and lodging/
incidentals only with prior approval from the client for extended meetings or events stretching late into the
night.
Planning Services
Town of Estes Park
ATTACHMENT 3 Exhibit A
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ATTACHMENT 4
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ATTACHMENT 5
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To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator/Interim Community Development
Director
Date: December 12, 2023
RE: Resolution 106-23: Professional Services Contract Amendment with SAFEbuilt
Colorado, LLC, for Renewal of Building Safety Services Contract, 2024
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve a contract amendment renewing the Town’s existing Professional
Services Contract with SAFEbuilt Colorado, LLC for building safety services on behalf of the
Town. The amendment would exercise a renewal clause in the current Contract to extend the
Contract through CY 2024. Except for the renewed timeframe, the only other noteworthy
update to the existing Contract is a CPI increase for the hourly charges.
Present Situation:
Since early 2019, the Town and SAFEbuilt have had a contractual agreement for staffing the
Building Safety division in the Community Development Department and performing
operational services and responsibilities in the division on behalf of the Town and community.
This contract and the services performed pursuant to it have proven more than satisfactory
over three years. Both Town staff and SAFEbuilt personnel are pleased with the contract and
believe renewing it without material change is in all parties’ best interest.
Section 25 of the existing Contract reads as follows:
25.TERM: This Contract shall commence on January 1, 2020 and shall continue through
December 31, 2020 with the option of four (4) additional renewals, on an annual basis,
upon agreement of both parties.
Memo COMMUNITY DEVELOPMENT
Page 39
Proposal:
The contract section above provides the authority for SAFEbuilt and the Town to renew the
Contract for CY 2024. To ensure that all contract elements are including in a single, updated
document, the Town and SAFEbuilt propose that an amendment to the Contract be approved
that would exercise the fourth of the four renewal options in Sec. 25. Approving this
amendment will add it to the current Contract and leave all remaining provisions in effect.
The renewal amendment is Amendment Five to the Contract (Attachment 2.)
A copy of the full existing contract, including Amendment Four, is included (Attachment 3.)
Advantages:
•Continues a positive model for providing building-safety services to the Town and
community at a reasonable financial rate.
•Allows a currently mutually beneficial contractual relationship to continue.
Disadvantages:
•There is always an argument for providing Town services through a Town staffing and
resource model.
Action Recommended:
Staff recommends approval of the contract amendment as drafted.
Finance/Resource Impact:
Approximately budget neutral, based on estimated costs and revenue. Estimated building-
permit revenue in 2024 is approximately $637,000.
Level of Public Interest
Medium-to-high among contractors and builders; low among general public.
Sample Motions:
1.I move to approve/deny Resolution 106-23.
Attachments:
1. Resolution 106-23
2.Amendment Five / Professional Services Agreement between Town of Estes Park,
Colorado and SAFEbuilt Colorado, LLC
3.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt
Colorado, LLC (Original Contract)
4.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt
Colorado, LLC (Amendment Four)
Page 40
RESOLUTION 106-23
APPROVING AMENDMENT FIVE TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SAFEBUILT COLORADO LLC FOR BUILDING SAFETY
SERVICES
WHEREAS, the Town Board desires to enter into an amendment to renew the
professional services agreement referenced in the title of this resolution for the purpose
of providing building safety services; and
WHEREAS, this agreement provided for four one-year renewals of the contract,
of which this is the fourth; and
WHEREAS, the original agreement was approved by Town Board at its January
14, 2020 Town Board meeting, with an effective date of January 1, 2020; and
WHEREAS, on July 14, 2020 the Town Board approved Amendment One to the
agreement, adding a permit technician to the staffing arrangement and modifying the
fee schedule for Town-owned projects; and
WHEREAS, the first renewal of the agreement (Amendment Two) was approved
by Town Board at its January 12, 2021 meeting; and
WHEREAS, the second renewal (Amendment Three) was approved by the Town
Board at its December 14, 2021 meeting; and
WHEREAS, the third renewal (Amendment Four) was approved by the Town
Board at its December 13, 2022 meeting.
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, Amendment Five to the
SAFEbuilt Colorado LLC professional services agreement, as referenced in the title of
this resolution, in substantially the form now before the Board.
DATED this 12TH day of DECEMBER, 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
PAGE 41
AGREEMENT AMENDMENT Page 1 of 2
AMENDMENT FIVE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF ESTES PARK, COLORADO
AND SAFEbuilt COLORADO, LLC
This Amendment is entered into to amend the Professional Services Agreement previously entered into on January 01,
2020, by and between Town of Estes Park, Colorado, (Town) and SAFEbuilt Colorado, LLC, a wholly owned subsidiary of
SAFEbuilt, LLC, (Consultant). Town and Consultant shall be jointly referred to as the “Parties”.
Amendment Effective Date: Effective the 1st (first) day of the month following full execution by both Parties.
RECITALS AND REPRESENTATIONS
Town and Consultant entered into a Professional Services Agreement (Agreement), by which both Parties established
the terms and conditions for service delivery for the period of January 01, 2020 through December 31, 2020 with the
option of four (4) additional renewals, on an annual basis, upon agreement of both Parties; and
On July 15, 2020, Town and Consultant instituted Amendment One to the Agreement to add Permit Technician
services; and
On January 19, 2021, Parties instituted Amendment Two to the Agreement to exercise the first of four (4) renewal
options and extend the term of the Agreement through December 31, 2021; and
On December 14 2021, Parties instituted Amendment Three to the Agreement to exercise the second of four (4)
renewal options and extend the term of the Agreement through December 31, 2022; and
On December 13, 2022, Parties instituted Amendment Four to the Agreement to exercise the third of four (4)
renewal options and extend the term of the Agreement through December 31, 2023; and
Parties hereto now desire to amend the Agreement as set forth herein; and
NOW, THEREFORE
Agreement is hereby amended as set forth below:
A. Town and Consultant desire to exercise the fourth or four (4) renewal options provided for in Section 25. The
terms of Agreement shall be extended for an additional twelve (12) month period of January 01, 2024 through
December 31, 2024.
B. Agreement, Exhibit A, Section 6. Fee Schedule shall be replaced with and read in its entirety as follows:
6. Fee Schedule:
Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee
Schedule
Municipality will periodically review its Municipal Fee Schedule and valuation tables and consider
adjustment to reflect increases in the cost incurred by Consultant in providing Services
Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based
upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,
Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban
Consumers, referred to herein as the "CPI") from the previous calendar year, such increase, however,
not to exceed 4% per annum. The increase will become effective upon publication of the applicable
CPI data. If the index decreases, the rates listed shall remain unchanged.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
ATTACHMENT 2
Page 42
AGREEMENT AMENDMENT Page 2 of 2
Service Fee Schedule:
Inspection Service (permits issued prior to service start date) $75.00 per inspection
Inspection Service (permits issued after service start date) 100% of Municipal Permit Fee as established
by ordinance or resolution
Plan Review Services - excludes engineer review fees 100% of Municipal Plan Check Fee as
established by ordinance or resolution
Structural Engineering Plan Review $156.00 per hour – one (1) hour minimum
Building Official Services Included in percentage of fees above
Permit Technician Service Included in percentage of fees above
After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum
Non-Permitted Activity (by request only) $78.00 per hour – one (1) hour minimum
Investigative Services (by request only) $78.00 per hour – one (1) hour minimum
Town Owned Projects 50% of applicable Municipal fees as
established by ordinance or resolution
Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program
All other provisions of the original Agreement shall remain in effect, to the extent not modified by Amendment.
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.
November 27, 2023
Gary Amato, CAO Date
SAFEbuilt Colorado, LLC
TOWN OF ESTES PARK:
Mayor Date
ATTEST:
Town Clerk Date
APPROVED AS TO FORM
Town Attorney
Page 43
ATTACHMENT 3
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ATTACHMENT 4
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TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 12, 2023
RE: Resolution 107-23 Officially Scheduling the Regular Municipal Election –
April 2, 2024
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To officially set the next regular Municipal Election on April 2, 2024 per State Statute,
determine election method (poll vs. mail ballot) and identify the Town Clerk as the
Designated Election Official.
Present Situation:
The Municipal Election Code provides that all regular elections in statutory towns shall
be held on the first Tuesday of April in each even-numbered year. As a statutory town,
Estes Park must comply with the statues outlined in Title 31 Article 10.
In the past few elections, the Town has held mail ballot elections due the number of
permanent mail ballot voters and the higher turnout experienced (20-30% for poll vs 50-
60% for mail).
Proposal:
The Resolution would set the election for April 2, 2024 as a mail ballot election and designate
the Town Clerk as the Designated Election Official for the Town of Estes Park, thereby giving
authority to complete all aspects of the Municipal Election, including the appointment of
election judges. Electronic equipment would be rented from ES&S to count the ballots. ES&S
would also be used to set up the ballot layout for the printer.
Advantages:
Provides the Town Clerk the authority to perform all aspects of the election.
Disadvantages:
None.
Page 57
Action Recommended:
Approval of Resolution 107-23 setting the regular Municipal Election for April 2, 2024.
Finance/Resource Impact:
The cost is estimated at $35,000 in fixed costs budgeted for the election in the Town
Clerk fund. This does not include staff time.
Level of Public Interest
Low.
Sample Motion:
I move for the approval/denial of Resolution 107-23.
Attachments:
1. Resolution 107-23
Page 58
RESOLUTION 107-23
A RESOLUTION DIRECTING THE TOWN CLERK TO CONDUCT THE REGULAR
MUNICIPAL ELECTION, SCHEDULED FOR APRIL 2, 2024, AS A MAIL BALLOT
ELECTION AND AUTHORIZING THE TOWN CLERK TO APPOINT ELECTION
JUDGES
WHEREAS, by the ordinances of the Town of Estes Park and the statutes of the
State of Colorado, the 2nd day of April, 2024 is fixed as the time for a regular municipal
election to elect the Mayor and four (4) Trustees; and
WHEREAS, it is the duty of the Board of Trustees to provide for the holding of such
an election; and
WHEREAS, it is the decision of the Town Board by the adoption of this Resolution
to hold the regular municipal election of April 2, 2024 by mail ballot pursuant to the
provisions of sections 31-10-907 through 31-10-913, C.R.S.; and
WHEREAS, section 31-10-401, C.R.S., allows the Board of Trustees to delegate
to the Town Clerk, by resolution, the authority and responsibility to appoint the judges of
election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1.Pursuant to the provisions of sections 31-10-907 through 31-10-913, C.R.S. the
regular municipal election of April 2, 2024 shall be a mail ballot election.
2. The Town Clerk is hereby appointed as the designated election official for the
Town of Estes Park for the conduct of this mail ballot election.
3.There shall be one (1) precinct for this mail ballot election. The mail ballot location
for said precinct shall be the Estes Park Town Hall, 170 MacGregor Avenue, Estes
Park, Colorado 80517.
4.Pursuant to section 31-10-201(1)(b), C.R.S., to be eligible to vote in this regular
mail ballot election a person must be at least eighteen (18) years of age, a resident
of the town, and a resident of the State of Colorado for twenty-two (22) days
immediately preceding the election.
5.An electronic voting system shall be used in the election and the Town Clerk is
hereby authorized and directed to perform all acts and functions necessary for the
use of such electronic voting system as required by the laws of the State of
Colorado pertaining thereto.
6.Pursuant to section 31-10-401, C.R.S., the Town Clerk is hereby delegated the
authority and responsibility to appoint judges of the election at least fifteen (15)
days before the election day.
7. The judges of election shall receive for their services $15 per hour.
8. The Town Clerk shall establish the form of the regular mail election ballot.
9.The Town Clerk shall, at the expense of the Town, arrange for such materials and
supplies for such election as may be necessary.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
6.Pursuant to section 31-10-401, C.R.S., the Town Clerk is hereby delegated the
authority and responsibility to appoint judges of the election at least fifteen (15)
days before the election day.
7. The judges of election shall receive for their services $15 per hour.
8. The Town Clerk shall establish the form of the regular mail election ballot.
9.The Town Clerk shall, at the expense of the Town, arrange for such materials and
supplies for such election as may be necessary.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 60
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Joe Lockhart, Line Superintendent; Tyler Boles, Line Supervisor
Date: December 12, 2023
RE: Resolution 108-23 Service Contract For High-Voltage Power Line Tree
Trimming Services with Adam's Tree Service, $376,396.80, Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To ensure the safety and reliability of our electric service infrastructure, Power and
Communications requests approval to award the 2024-2028 Service Contract for high-
voltage power line tree trimming to Adam's Tree Service.
Present Situation:
Our current tree trimming contract expires at the end of 2023. Staff received two
responses to our Invitation for Bid (IFB). Adam’s Tree Service submitted the lowest
rates and continues to meet our needs as defined in the scope of work.
Adam’s Tree Service
2024: $361,920.00
2025: $367,348.80
2026: $372,840.00
2027 $378,456.00
2028: $384,134.40
Proposal:
We propose to accept the bid from Adam's Tree Service for the 2024-2028 Service
Contract for high-voltage power line tree trimming. The Town is very familiar with the
quality of Adam's Tree Service's work, having worked with them for the past five years.
Their work performance and cooperation have been consistently high quality and
reliable. As an established local business, they have significant local ties and support.
Their pricing is reasonable and consistent with our last contract. We are proposing to
approve the proposed annual amount bid plus an additional four percent for
contingencies.
Page 61
Advantages:
•Regular tree trimming around overhead high-voltage power lines enhances service
reliability, minimizes outages, and reduces fire hazards.
•Adam's Tree Service, a local business with a good reputation and a current Town business
license, reduces reactive calls from curious customers thanks to their familiarity with our
communities and experience communicating with our customers.
Disadvantages:
•While acknowledging the sacred and vital role of trees in our habitat and environment, it is
imperative to consider that tree trimming emerges as the most cost-effective near-term
solution for our community. Given the high cost of living in our area, raising electricity rates
to pursue alternative solutions would impose an additional financial burden on residents who
are already grappling to pay their electric bill to keep their homes heated and medical
devices running.
Action Recommended:
Staff recommends approval of the resolution approving the tree trimming service
agreement.
Finance/Resource Impact:
502-6301-540.25-32 – Power & Communications Distribution/Overhead
Maintenance/Tree Trimming Budget $376,396.80, included in the proposed 2024
budget
Level of Public Interest
High, Safety and reliability of service has always been of high interest of the public.
Sample Motion:
I move for the approval/denial of Resolution 108-23.
Attachments:
1.Resolution 108-23
2.Service Contract
Page 62
RESOLUTION 108-23
APPROVING A SERVICE CONTRACT FOR HIGH-VOLTAGE POWER LINE TREE
TRIMMING SERVICES WITH ADAM’S TREE SERVICE
WHEREAS, the Utilities Department issued an invitation for bids for high-voltage
power line tree trimming services for a five-year period to have one full-time, year-round
three-person crew to trim trees and foliage from and around high voltage (7,200/1,370
volts) power lines on both single phase and three phase primary lines between Estes
Park, Allenspark, Glen Haven and other areas as assigned within our service area; and
WHEREAS, the cost is included in the approved 2024 budget as an annually
reoccurring expense.
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 services contract with
Adam’s Tree Service 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 63
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
High Voltage Power Line Tree Trimming 2024 thru 2028
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Adam’s Tree Service (Contractor), a Colorado corporation, whose address is 3813 Dollar Lake
Dr., Estes Park, CO 80517, make this Contract this __________ day of ____________________,
2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Special Conditions of the Contract, if any:
i.Vegetation Management Procedures, dated October 25, 2018, containing 17 pages;
2.5 Notice of Award;
2.6 Exhibit A, Invitation for Bid, published September 6, 2023, containing 7 pages
(except that due to a change in state law, section 22 is hereby deleted), with the
following attachments:
i.Attachment 1, Project Specifications, containing 9 pages, published September 6,
2023;
2.7 Contractor’s Proposal, containing 9 pages, dated September 20, 2023; and
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Town of Estes Park Services Contract -- Page 2 of 10
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule in the Contractor’s
Proposal or as otherwise directed by Town.
5 PRICE: The Town will pay Contractor for the performance of this Contract hourly as
described in the Contractor’s Proposal, but not to exceed $376,396.80 for work performed in
2024 and, contingent on renewal as described in Section 21, not to exceed the following
amounts for each of the remaining years: $382,042.75 for 2025; $387,753.60 for 2026;
$393,594.24 for 2027; and $399,499.78 for 2028. This Contract does not create a multiple
fiscal year direct or indirect debt or other financial obligation. Each request for service shall
incur a concurrent debt for that request only. All financial obligations of the Town under
this Contract are contingent upon appropriation, budgeting, and availability of specific funds
to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than twice a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
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Town of Estes Park Services Contract -- Page 3 of 10
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
9 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Tyler Boles, Line Supervisor
Town of Estes Park, Utilities, PO Box 1200
Estes Park CO
CONTRACTOR:
Brian Schulthies, Adam’s Tree Service
Owner/Operator, 3813 Dollar Lake Drive,
Estes Park, CO 80517
10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Contractor follows the safety regulations issued by OSHA.
11 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required to have a business license which can be obtained from the Town Clerk’s Office.
12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.2 and 13.3 for two additional years. For any claims-made
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Town of Estes Park Services Contract -- Page 4 of 10
policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.2 General liability, with minimum limits for bodily injury and property damage
coverage of at least $1,000,000 per each person and $2,000,000 per each accident,
plus an additional amount adequate to pay related attorneys' fees and defense costs.
Coverage shall include bodily injury, property damage, personal injury, public
liability, and contractual liability.
13.3 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.4 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.5 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.6 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Line Supervisor
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
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Town of Estes Park Services Contract -- Page 5 of 10
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.7 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.8 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.9 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.10 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13.11 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
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Town of Estes Park Services Contract -- Page 6 of 10
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor’s and
subcontractors’ employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.
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Town of Estes Park Services Contract -- Page 7 of 10
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on January 1, 2024, and shall continue through
December 31, 2024 with the option of four additional renewals, on an annual basis,
upon agreement of both parties.
22 TERMINATION:
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
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Town of Estes Park Services Contract -- Page 8 of 10
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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Town of Estes Park Services Contract -- Page 9 of 10
CONTRACTOR
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2023, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Town of Estes Park Services Contract -- Page 10 of 10
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 73
Page 74
TOWN BOARD MEETING
December 12, 2023
Consent Agenda Item #8 Request to Continue
Resolution 99-23 Setting the Mill Levy for the
2024 Budget Year to January 9, 2024.
No packet material was provided for this
item.
Page 75
Page 76
TOWN BOARD MEETING
December 12, 2023
Report & Discussion Item #1 – Estes Park
Health Update on Home Health, Hospice, and
Non-Medical Home Care.
No packet material was provided for this
item.
Page 77
12/13/2023
1
1
Estes Park Health
Plans for Non-Medical Home Care,
Hospice, and Home Health Care
Past Actions, Current Status, Future Possibilities
Estes Park Town Board
December 12, 2023
2
Executive Summary
•In response to significant Covid-19-related financial challenges
that started in March 2020, EPH implemented Phase I (in Aug
2022) and Phase II (in Oct 2023) Strategic Actions to increase
revenues and reduce expenses while continuing to address our
community’s healthcare needs with excellent healthcare services
•Phase I Strategic Actions resulted in significant beneficial
financial impacts on EPH financial performance, but did not fully
reach financial targets
•In October 2023, Phase II Strategic Actions were implemented to
further increase revenues and decrease expenses to accomplish
EPH’s financial goal of at least break-even to a three percent
positive margin from Operations
1
2
12/13/2023
2
3
Executive Summay
•EPH Overall Goal:
•Provide access to excellent health care for our community for
years to come
•Actions to accomplish goal and basis of strategic planning:
•For EPH as a Critical Access Hospital, with our size, and our
location, how can EPH
•Address our community’s health care needs
•With services that are excellent quality, effective, efficient,
and financially viable
•OR, if EPH does not provide these services, have strong
trusted relationships with other excellent providers
4
Executive Summary
•Identifying and implementing financially feasible options to
ensure, to the degree possible, our community has access to
Non-Medical Home Care, Hospice Care, and Home Health Care
services has been on the Aug 2022 Phase I and Oct 2023 Phase II
strategic actions lists
•There are at least twenty (22) local Nonmedical Home Care
service providers other than Estes Park Health in our community
•There are four (4) licensed providers of Hospice Care at Home,
other than Estes Park Health, and at least one is currently
providing Hospice Care at Home services in our community
•Estes Park Health will continue to provide Inpatient Hospice care
3
4
12/13/2023
3
5
Executive Summary
•There are four (4) licensed providers of Home Health Care
services, other than Estes Park Health, and at least one is
currently providing Home Health Care services in our community
•Estes Park Health is currently negotiating with an organization to
provide access to Home Health Care and Hospice Care at Home
to our community
•Estes Park Health has prepared alternative plans to provide access
to Home Health Care and Hospice Care at Home services in the
event a third-party cannot be secured to deliver these services
6
Overview of Services
•Non-Medical Home Care
•Hospice Care
Hospice Care at Home
Inpatient Hospice Care
•Home Health Care
5
6
12/13/2023
4
7
Non-Medical Home Care Services
•Although most home care is provided by family, friends or
volunteers, there is a growing trend to hire paid individuals or
professionals to provide this care in the home.
•The hiring of care is prompted by a growing trend for traditional
caregivers to be employed full-time and unable to offer much
help or for family to live hundreds of miles away from the loved
one and find it difficult to offer hands-on long-distance care.
•These providers represent a rapidly growing trend to allow people
needing help with long term care to remain in their home or in the
community instead of going to a care facility.
8
Non-Medical Home Care Services
companionship light housekeeping changing linens
grooming and dressing meal preparation laundry and ironing
recreational activities respite for family caregivers organizing closets
incontinent care errands and shopping care of house plants
handyman services reading email or letters 24‐hour emergency response
teeth brushing overseeing home deliveries family counseling
medication reminders dealing with vendors phone call checks
bathing or showering transportation services and much more
7
8
12/13/2023
5
9
Non-Medical Home Care Services
All Valley Home Care ‐ Longmont Griswold Home Care ‐ Broomfield Right at Home ‐ Ft Collins
Alpine Pt Home Care ‐ Longmont Home Helpers Home Care ‐ Loveland Senior Helpers ‐ Ft Collins
Amada Senior Care ‐ Ft Collins Homewatch CareGivers ‐ Boulder Synergy Homecare ‐ Longmont
Angels of Care ‐ Ft Collins Homewell Senior Care ‐ Loveland Talem Home Care ‐ Ft Collins
Antonina Health Care ‐ Denver Interim Healthcare ‐ Ft Collins Touching Hearts at Home ‐ Westminster
Brightstar Care ‐ Loveland Nurse Next Door ‐ Thornton Visiting Angels of Loveland
Caring Senior Service ‐ Ft Collins PeopleCare of N CO ‐ Loveland
FirstLight Home Care ‐ Lafayette Professsional Home Health Care ‐ Longmont
10
Hospice Care at Home Services
•Hospice offers care and support that focuses on the quality of life
for people and their caregivers who are experiencing an
advanced, life-limiting illness. This type of care is most often
provided where patients live, whether it's at home, an assisted
living facility, or a nursing home. Hospice care uses a team of
health care providers who care for patients' medical, physical,
social, emotional, and spiritual needs.
•Hospices care for patients with terminal illnesses like cancer,
dementia, stroke, heart disease, and respiratory disease.
9
10
12/13/2023
6
11
Hospice Care at Home Services
•Depending on the illness or condition, the hospice team creates a
plan of care that can include some or all of these
Nursing care Prescription drugs for symptom control or pain relief
Hospice aide and homemaker services Dietary counseling
Social worker services Physical and occupational therapy
Medical equipment and supplies Speech‐language pathology services (like to help with swallowing)
Doctor/Physician Assistant services Grief and loss counseling
12
Licensed Hospice Care at Home Services
https://www.medicare.gov/care‐compare
Name Location Licensed
Avg Daily
Census
Bristol Hospice ‐ Noco Frederick CO 2007 76
Colorado Visiting Nurse Association Arvada CO 1992 35
Estes Park Health Hospice Estes Park CO 1989 6
Hospice of the Valley ‐ Central Phoenix AZ 1983 441
Pathways Hospice Ft Collins CO 1986 238
11
12
12/13/2023
7
13
Home Health Care Services
Home health care provides skilled, short-term services in-home.
These services are typically ordered by a doctor to help with
recovery following an inpatient hospital stay, rehabilitation, or a
stay at a facility providing skilled nursing care. In general, the goal
of home health care is to help you get better, regain your
independence, and be as self-sufficient as you can.
Definitions:
Nursing Care: Care given or supervised by registered nurses. Nurses
provide direct care; manage, observe, and evaluate a patient's care; and
teach the patient and his or her family caregiver.
Physical Therapy: Treatment of injury and disease by mechanical means,
like heat, light, exercise, and massage.
14
Home Health Care Services
Definitions:
Occupational Therapy: Services given to help you return to usual
activities (like bathing, preparing meals, and housekeeping) after illness
either on an inpatient or outpatient basis
Speech Therapy: Services to assist with problems involving speech,
language, and swallowing.
Medical Social Services: Services to help you with social and emotional
concerns related to your illness. This might include counseling or help in
finding resources in your community.
Home Health Aide: Services to help you with daily living activities (like
getting up, bathing, getting dressed, and making a meal.
13
14
12/13/2023
8
15
Licensed Home Health Care Services
https://www.medicare.gov/care‐compare
Name Location Licensed Quality Pt Survey
Accentcare Home Health of Mountain Valley Denver CO 2005 5 star 2 star
Care Options for Kids Denver CO 2009 NA NA
Enhabit Home Health Loveland CO 2012 4 star 3 star
Estes Park Health Home Health Care Estes Park CO 1985 2 star NA
Team Select Home Care of CO Aurora CO 2011 3.5 star 4 star
16
Questions, Answers
&
Discussion
15
16
Page 78
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 13-23 Amending Estes Park Municipal Code Section 2.20.010
Compensation of Mayor, Mayor Pro Tem, and Trustees.
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.
Suggested motion(s) are set forth in the staff report.
Page 79
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 80
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 12, 2023
RE: Ordinance 13-23 Amending Estes Park Municipal Code Section 2.20.010
Compensation of Mayor, Mayor Pro Tem and Trustees.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Review the Town Board compensation and determine if Board compensation should be
adjusted prior to the upcoming Municipal election on April 2, 2024, and consider
codifying Town Board compensation adjustments utilizing the Consumer Price Index
(CPI) for future adjustments prior to regular Municipal elections on even years.
Present Situation:
Prior to the past few elections, an extensive review of Board compensation has been
completed as requested by the Town Board since 2012. The last review was completed
in November 2021 and the Board approved an increase in Board salaries for members
newly elected in 2022: Mayor - $13,500, Mayor Pro Tem - 12,000, and $10,000 for
Trustees. The Board members elected in April 2022 received the new salaries.
During past discussions, the Board has commented on the need to review additional
data such as the market adjustments for the management pay family, annual merit
increases, and benefit increases over the last several years to determine if the current
salaries are keeping pace with the increased cost of living and benefits over the four-
year term of a Board member. The Board discussed options at study sessions held on
October 24, 2023 and November 28, 2023 and provided staff with direction. The Board
was further presented with the compensation data collected through CML for other
Boards and Councils from market communities. This information demonstrated the
Town is in alignment with other market communities of similar size and even in
alignment with larger communities along the front range such as Erie, Lafayette,
Loveland, and Superior.
Page 81
Proposal:
The proposed ordinance would adjust compensation for those elected in 2024 as
follows: Mayor - $15,000, Mayor Pro Tem: $12,800, and Trustees $11,100. The
compensation was adjusted using CPI from October 2021 – October 2023. The
ordinance would further adjust compensation in future election cycles using CPI.
Advantages:
•Board compensation would remain in line with market communities and provide
funding for family premiums for benefits.
Disadvantages:
•None.
Action Recommended:
Staff has prepared an Ordinance outlining the proposed increases and the future
adjustments to Board compensation which would occur prior to each regular Municipal
election.
Finance/Resource Impact:
Any increase in compensation may require adjustment to the Legislative budget.
Level of Public Interest:
Low.
Sample Motion
I move to approve/deny Ordinance 13-23
Attachment:
1.Ordinance 13-23
Page 82
ORDINANCE NO. 13-23
AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 2.20.010 ON THE
COMPENSATION OF THE MAYOR, MAYOR PRO TEM, AND TRUSTEES
WHEREAS, pursuant to the provisions of section 31-4-301(4), C.R.S., the Mayor
and Trustees shall receive such compensation as fixed by ordinance; and
WHEREAS, Section 2.20.010 of the Municipal Code provides for compensation of
the Mayor, the Mayor Pro Tem, and each Trustee; and
WHEREAS, the Board of Trustees has determined that it is necessary to amend
section 2.20.010 of the Municipal Code to increase the compensation for the Mayor, the
Mayor Pro Tem, and each Trustee.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 2.20.010 of the Municipal Code shall be amended, by adding
italicized material and deleting stricken material, to read as follows:
2.20.010 - Compensation of Mayor, Mayor Pro Tem and Trustees.
(1)In recognition of services rendered as Mayor, Mayor Pro Tem or
member of the Board of Trustees, the elected officials of the Town shall receive
compensation as set forth in this Section. During the budget process for each
even-numbered year, the Board of Trustees shall consider adjustment of the
amount of compensation set forth in this Section. As part of this review, the
Board of Trustees shall review compensation for elected officials provided by
comparable Colorado municipalities using appropriate sources, including but not
limited to the Colorado Municipal League. Any adjustment of compensation shall
be by ordinance.
(a) The Mayor shall receive as compensation for his or her services the sum of
thirteen fifteen thousand five hundred dollars ($15,000$13,500.00) per year
during each year of his or her term, payable in equal monthly bi-weekly
payments.
(b) The Mayor Pro Tem shall receive as compensation for his or her services the
sum of eleven twelve thousand five eight hundred dollars
($12,800$11,500.00) per year during each year of his or her term, payable in
equal monthly bi-weekly payments.
(c) Each Town Trustee shall receive as compensation for his or her services the
sum of ten eleven thousand one hundred dollars ($11,100$10,000.00) per
year during each year of his or her term, payable in equal monthly bi-weekly
payments.
Such sums shall apply to new terms of office beginning upon or after the effective
date of the most recently adopted version of this section. For terms beginning
prior, compensation shall be as established by the ordinance in effect at the
commencement of the term.
(2) Biennial updates. The amounts in subsection (1) above shall be
increased on the date of the regular municipal election in April 2026 and on the
date of the regular municipal election every two years thereafter by the rate of
inflation as calculated by the Town Clerk, based on the All Items Consumer Price
Index for All Urban Consumers (CPI-U) for the U.S. City Average ("Index"), as
published by the United States Bureau of Labor Statistics or successor federal
ATTACHMENT 1
Page 83
agency. The Town Clerk shall use the Index for October 2023 as a baseline and
update the fee biennially based on the Index as reported for October every two
years, rounding to the nearest one hundred dollars. The Town Clerk shall report
to the Board of Trustees on the planned increase prior to the January immediately
preceding each increase, and the report shall include a review of compensation
for elected officials provided by comparable Colorado municipalities using
appropriate sources, including but not limited to the Colorado Municipal League.
The Board of Trustees may alter the planned increases by ordinance before they
take effect; otherwise they will take effect as planned. The planned increases shall
apply only to new terms of office beginning upon or after their effective dates.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 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 84
FINANCE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeremy Creamean, Finance Director
Duane Hudson, ERP Manager
Date: December 12, 2023
RE: Resolution 109-23, Supplemental Budget Appropriations #6 to the 2023
Budget
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appropriate for an increase in purchased power costs, replacement of two bucket
trucks, an increase in estimated medical claims, and other final year-end adjustments.
Present Situation:
As each year progresses, needs are identified that have not been included in the
budget. This may include new capital projects, new grants, or operational needs that
have recently come to light. Such adjustments can also include reductions as projects
are reprioritized and operational needs change. Periodically, the budget needs to be
amended to address these needs and changes.
Proposal:
The following explains the most significant proposed changes by Fund. Additional items
may be described in the “Schedule of Budgeted Appropriation Changes” which is
included at the beginning of Attachment B.
Community Reinvestment Fund: Increase of $52,000
The increase of $52,000 is entirely due to anticipated increased costs for the street
sweeper currently in the budget. The amended budgeted cost for the sweeper is
$365,376. The street sweeper will be acquired through use of lease purchase financing
so the lease purchase proceeds (revenues) and the expenditure appropriations are both
increased by this same amount.
Community Recreation Center Fund: Increase of $100,000
The transfer to the Estes Valley Recreation and Parks District for the community center
is increased by $100,000, offset by an increase in sales tax revenues. This increase is
Page 85
to cover year end transfers in case sales tax revenues for the last few months of the
year come in stronger than anticipated.
Power and Communications Fund: Increase $1,950,000
Purchased power cost appropriations are increased by $1,100,000 due to volumetric
and pricing changes for purchased power. Repairs and maintenance have been
increased $50,000 to cover a routine maintenance contract that had been inadvertently
left out of the original budget. The final change for the Power and Communications
Fund is to appropriate $800,000 to purchase two bucket trucks. It was discovered that
delivery of new bucket trucks is almost two years in the future so staff needed to get the
order placed to get the truck delivered when needed.
Water Fund: Increase of $12,000
The towable air compressor ended up costing about $12,000 more than originally
budgeted.
Medical Insurance Fund: Increase of $600,000
This is an increase in the estimated medical claims for 2023, including the “Incurred But
Not Reported” claims (IBNR claims) expected to be received in Jan or Feb of 2024.
IBNR is the term of art that refers to medical claims incurred in one period but the
claims were not reported to the insurance processor until after the period end (not
reported). A claims liability is accrued at the end of each year for the estimated IBNR
claims.
Advantages:
The Town will be able to operate in compliance with statutory requirements regarding
municipal budget law.
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of the 2023 supplemental budget appropriation #6
resolution as mentioned above.
Finance/Resource Impact:
The General Fund reserve after these amendments is projected at 34.3% of 2023
operating expenditures.
Level of Public Interest
Public interest is expected to be low for these minor changes.
Sample Motion:
I move for the approval/denial of Resolution 109-23.
Attachments:
Attachment 1: Resolution 109-23 Supplemental Budget Appropriations # 6 to the 2023
Budget.
Attachment 2 LINK: Recaps of Proposed Budget Adjustments and Supporting
Documents
Page 86
RESOLUTION 109-23
SUPPLEMENTAL BUDGET APPROPRIATIONS # 6 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 $2,714,000 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 31,854,694 0 31,854,694
204 Community Reinvestment Fund 12,869,125 52,000 12,921,125
211 Conservation Trust Fund 83,000 0 83,000
220 Larimer County Open Space Fund 2,024,239 0 2,024,239
236 Emergency Response System Fund 65,245 0 65,245
238 Community Center Fund 1,181,301 100,000 1,281,301
244 Trails Fund 7,869,563 0 7,869,563
256 Parking Services Fund 1,191,215 0 1,191,215
260 Street Fund 6,913,725 0 6,913,725
270 Workforce Housing / Childcare Lodging
Tax 5,375,000 0 5,375,000
502 Power and Communications Fund 31,428,981 1,950,000 33,378,981
503 Water Fund 28,772,811 12,000 28,784,811
505 Workforce Housing Fund 500,000 0 500,000
606 Medical Insurance Fund 3,573,042 600,000 4,173,042
612 Fleet Maintenance Fund 1,575,166 0 1,575,166
625 Information Technology Fund 1,283,323 0 1,283,323
635 Vehicle Replacement Fund 485,053 0 485,053
645 Risk Management Fund 426,450 0 426,450
Total All Funds 137,471,933 2,714,000 140,185,933
DATED this ______ day of _____________, 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 87
Page 88
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 3.
Ordinance 14-23 Amending Chapter 10.06 of the Estes Park Municipal Code
on Paid Parking.
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.
Suggested motion(s) are set forth in the staff report.
Page 89
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 90
PUBLIC WORKS Memo
To: Honorable Mayor Wendy Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM, Parking & Transit Supervisor
Greg Muhonen, PE, Public Works Director
Date: December 12, 2023
RE: Ordinance 14-23 Amending Chapter 10.06 of the Estes Park Municipal
Code on Paid Parking
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER:
QUASI-JUDICIAL YES NO
Objective:
Ordinance 14-23 amends Chapter 10.06 of the Estes Park Municipal Code (EPMC),
Section 10.06.010(b), pertaining to Annual Rate Intent timing. The purpose of this
amendment is to change the date by which the Manager shall propose parking rates for
the following paid parking season from December 15 to March 15.
Present Situation:
When the paid parking program was implemented in 2021, the busiest summer month
for the program was July, and by early September (around Labor Day) parking activity
had started to wane. This allowed staff enough time to analyze the season’s data in late
September and conduct a series of year-end program presentations in October and
November to both the Transportation Advisory Board (TAB) and the Town Board. By
December, staff were ready to present the proposed rate intent for the following paid
parking season before December 15, as indicated in the existing EPMC language.
Over the past two years, the length of the summer guest season has expanded into the
fall with strong parking activity continuing into late October. In late 2022, staff
recommended adding another week to the 2023 paid parking program to better align
with the expanding guest season and to mirror Rocky Mountain National Park’s timed
entry permit program, both of which concluded this year on Sunday, October 22. Given
this shift in schedule, staff does not have sufficient time to adequately review the paid
parking program’s operational efficacy, analyze the season’s robust data set, visit with
the TAB, and then formulate the following year’s recommendations all by the date of
December 15.
Page 91
Proposal:
PW staff recommend amending Title 10 of the Estes Park Municipal Code (EPMC),
Section 10.06.010(b) Rate Intent as follows: “The Manager shall propose parking rates
for the following season to the Town Board by March 15 of each year” rather than the
current date of December 15. Staff believe that this adjustment will allow adequate time
for program analysis and stakeholder conversation and still allow time to effectively
prepare for the upcoming paid parking season.
The attached ordinance modifies Title 10 of the EPMC pertaining to Vehicles & Traffic.
Advantages:
•The proposed amendment continues the PW staff’s commitment to continuously
and actively requesting community input about the seasonal paid parking
program and responding in a timely, incremental, and prudent way.
Disadvantages:
•The shortened time between the rate proposal and the beginning of the following
year’s paid parking season provides less time for operational changes; however,
with the program heading into its fourth year in 2024, staff are now well-versed
on making annual adjustments in a timely manner.
Action Recommended:
Adoption of Ordinance 14-23 Amending Chapter 10.06 of the Estes Park Municipal
Code on Paid Parking.
Finance/Resource Impact:
There is no finance/resource impact for this item.
Level of Public Interest
Staff expects a low to moderate level of public interest on this proposed change. This
recommendation was shared with the TAB at their regular November meeting and a
letter in support of this change has been provided.
Sample Motion:
I move for the approval/denial of Ordinance 14-23.
Attachments:
1. Ordinance 14-23
2.Letter of Support – Transportation Advisory Board
Page 92
ORDINANCE NO. 14-23
AN ORDINANCE AMENDING CHAPTER 10.06 OF THE ESTES PARK
MUNICIPAL CODE ON PAID PARKING
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has
determined that it is in the best interest of the Town to amend a section of the Municipal
Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
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 10.06.010 of the Estes Park Municipal Code is hereby
amended, by adding underlined material and deleting stricken material, to read as
follows:
10.06.010 - Paid parking authorization and rates.
. . .
(b)Rate Intent: The Manager shall propose parking rates for the upcoming
season to the Town Board by March 15 of each year. . . .
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2023.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
ATTACHMENT 1
Page 93
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 94
Date: November 21, 2023
To: Honorable Mayor Koenig
Board of Trustees
From: Belle Morris, Chair, Town of Estes Park Transportation Advisory Board
RE: Letter of Support to Amend Estes Park Municipal Code on Paid Parking, Chapter 10.06
Dear Honorable Mayor Koenig and Trustees,
The Transportation Advisory Board (TAB) has actively participated in the development and
implementation of the Downtown Parking Management Plan. Throughout the implementation
process, adaptations and adjustments are required to effectively respond to dynamic needs or
conditions. Therefore, the TAB supports the Public Works staff recommendation to amend Title
10 of the Estes Park Municipal Code (EPMC), Section 10.06.010(b), which acknowledges the
expanding dates for the seasonal paid parking program and the corresponding need for more
time to process data effectively.
The TAB shares a vison for Downtown Estes Park that is focused on people and creating positive
experiences during their visit: a vision that values pedestrians, bicycles, and shuttles, and is not
defined by vehicles, traffic, and congestion. Implementing paid parking modifies driver
behavior; makes it easier to find parking; reduces congestion and pollution; and, finally, allows
a revenue source for parking inventory such as the new Big Horn parking structure. An
amended EPMC will contribute to the success of achieving this shared vision.
The TAB thanks The Honorable Mayor Wendy Koenig and Town Trustees for allowing the
opportunity to provide our recommendation. It is our intention to provide a collaborative
decision after the robust review of an issue.
Sincerely,
Belle Morris
Chair, Town of Estes Park Transportation Advisory Board
ATTACHMENT 2
Page 95
Page 96
ADMINISTRATION Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing & Childcare Manager
Date: December 12, 2023
RE: Resolution 110-23 6E Funding Expenditure for a Childcare Funding
Agreement with the Estes Valley Recreation and Park District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Staff is seeking approval to utilize 6E funds from the “Out-of-School” subcategory to
grant $17,000 to the Estes Valley Recreation and Park District.
Present Situation:
Out-of-school programming was prioritized as a subcategory of using 6E revenues in
the 2023 Funding Plan. This funding plan outlined the use of 6E funds to support out-of-
school programming defined as after and/or before school care, out-of-school days (like
Teacher Professional Development days), and summertime programs.
Funds in this subcategory are 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 are required to explain in their application how the funds will be used.
Proposal:
Funding for out-of-school programming is essential to supporting our workforce in the
Estes Valley. Programs such as Lil’ Bobcats Playtime Child Watch program provide
care after school for children four to six years-old, which is an underserved age group
for after school programming.
The Estes Valley Recreation and Park District has requested a $17,000 grant to
subsidize this program. EVRPD requests $12,000 to cover staff wages ($20/hour) and
$5,000 for equipment and supplies in order to expand their programming to seven days
a week. Currently, the programming is only offered two days a week.
Page 97
Advantages:
•Distribution of 6E funds to support out-of-school programming efforts as directed by the
voters when passing the 6E Ballot Initiative.
Disadvantages:
None.
Action Recommended:
Approval of the 6E Expenditure to the Estes Valley Recreation and Parks District.
Finance/Resource Impact:
$17,000 expended from the Childcare Lodging Tax Fund, account 101-1900-419.37-97
Level of Public Interest
None.
Sample Motion:
I move for the approval/denial of Resolution 110-23.
Attachments:
1.Resolution 110-23
2.Funding Agreement
3.LINK EVRPD Application and Financial Statement
Page 98
RESOLUTION 110-23
A RESOLUTION APPROVING A CHILDCARE FUNDING AGREEMENT WITH THE
ESTES VALLEY RECREATION AND PARK DISTRICT
WHEREAS, the Town Board wishes to enter a funding agreement referenced in
the title of this resolution for the purpose of providing financial support to the Estes Valley
Recreation and Park District and to address childcare workforce challenges described in
the 2023 Funding Plan for lodging tax revenues.
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 funding 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 99
`
CHILDCARE FUNDING AGREEMENT
Between the Town of Estes Park and the Estes Valley Recreation and Park
District
The Town of Estes Park, Colorado (Town), a Colorado municipal corporation, and the Estes
Valley Recreation and Park District (EVRPD), a body corporate and politic, hereby agree to the
following on this _______ day of _____________, 2023, for good and valuable consideration the
receipt of which is hereby acknowledged:
1. The Town will grant $17,000 to the EVRPD to provide financial support and to address
workforce challenges as described in the 2023 Funding Plan.
2. Funds received as this one-time subsidy must be used to contribute to the mission of the
Estes Valley Recreation and Park District mission to enrich lives with quality recreation,
by providing after school programming for children in the Estes Valley.
3.Of the $17,000 funds received by the EVRPD, $12,000 must be used to support wages of
staff providing oversight to the Lil’ Bobcats Playtime Child Watch program, while the
other $5,000 may be used on supplies and equipment as described in EVRPD’s
application for this subsidy (“Program”).4.The hourly wage for all Recipient’s teaching positions must be a minimum of$20/hour, not including benefits or bonuses.5.The hourly wage for all Recipient’s support staff, including aides andparaprofessionals, must be a minimum of $16/hour, not including benefits orbonuses.
6. At least one parent or guardian of each of the children served by the the Program must
work full-time (at least 30 hours per week) within the boundaries of the Estes Park R-3
School District.
7.The EVRPD agrees to use these funds only for the purposes described above. The
EVRPD shall keep full records of the use of these funds and compliance with the above
requirements and shall deliver them to the Town promptly upon request. EVRPD
acknowledges that, in addition to all other remedies the Town may pursue for EVRPD’s
breach of this agreement, EVRPD may become ineligible for future funds from the
Town.
8.The EVRPD shall provide a final report of expenditures to the Town by December 31,
2024.
ATTACHMENT 2
Page 100
9. The EVRPD must spend all funds provided under this Agreement within twelve (12)
months of its effective date or must return the funds to the Town.
10. The EVRPD must provide childcare service and staffing levels, as described in its
application for this subsidy, for a minimum of 24 months from the effective date of this
Agreement or the funds must be returned to the Town.
11. The EVRPD warrants that all of the information included in its application for this
subsidy, its attachments, its supplemental documents, and all other information
communicated to the Town to solicit its approval of this grant is true and correct.
12. This Agreement does not preclude the EVRPD from being eligible for additional funding
from the Town for the purposes of childcare. Such funding may be provided on an
application basis or through a direct subsidy program.
13. The Town finds that the use of these funds is for the public purpose of protecting the
economic and social vitality of the Town by supporting employment for residents of the
Town by expanding childcare options for working parents and guardians, thereby
allowing employees to continue to live and work locally, and ultimately to continue to
contribute to the Town’s tax base. The Town finds that this Agreement’s public purposes
are both significant and substantial, and justify the expenditure of the public funds. The
Town finds that the support of childcare operations both inside and in the immediate
vicinity of the Town and the boundaries of the Estes Park Local Marketing District
contributes to the public purposes described above, that the economy and society of the
entire Estes Valley is inextricably interconnected, and that supporting the families of the
Estes Valley is integral to supporting the economic and social vitality of the Town. The
Town also finds that the Town will receive adequate consideration for its financial
contribution to the Program in the form of the significant and substantial public benefits
described above. Finally, the Town finds that the activities funded by this Agreement
consitute development and operation of a program to support affordable workforce
childcare services.
14. This Agreement does not establish a partnership or joint venture between the Town and
the EVRPD. The EVRPD shall perform all activities under this agreement as an
independent entity, and not as an agent or employee of Town. No employee or official of
Town shall supervise the EVRPD or its agents or employees. The EVRPD shall exercise
no supervision over any employee or official of Town. The EVRPD and its agents and
employees shall not represent that they are an employee or agent of the Town in any
capacity. The EVRPD’s officers, employees and agents are not entitled to Workers'
Compensation benefits from the Town, and the EVRPD and its officers, employees
and agents are obligated to pay any applicable federal and state income tax on
money paid under this Agreement. Except as this Agreement expressly states, the
EVRPD shall, at its sole expense, supply all buildings, equipment and materials,
machinery, tools, superintendence, personnel, insurance and other accessories and
services necessary. This Agreement is not exclusive; subject the terms of this Agreement,
Town and the EVRPD may each contract with other parties.
Page 101
15. To the extent permitted by law, the EVRPD and its agents, principals, officers, partners,
employees, and subcontractors shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents from all claims, damages, losses,
liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees and the
value of the time of in-house counsel), of any nature, kind, or description by any third
party arising out of, caused by, or resulting from any activities under this Agreement.
16. The EVRPD will perform activities under this Agreement in strict compliance with
applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable
to work under this Agreement. The EVRPD shall protect and indemnify Town against
any claim or liability arising from or based on the violations of any such law, ordinance,
regulation, order, or decrees by itself or by its subcontractors, agents, or employees.
Town assumes no duty to ensure that the EVRPD follows the safety regulations issued by
OSHA. The EVRPD shall secure all permits and licenses, pay all charges, files, and taxes
and give all notices necessary and incidental to the lawful prosecution of its activities
under this Agreement.
17. The EVRPD shall maintain such insurance as necessary to cover such liability as may
arise from its activities under this Agreement, and shall provide evidence of such
coverage to the Town upon request.
18. This instrument forms a contract only when executed in writing by duly authorized
representatives of Town and the EVRPD. By their signatures on this document, the
signatories represent that they have actual authority to enter this Agreement for the
respective parties.
19. There are no other agreements on the same subject than expressly stated or incorporated
in this Agreement.
20. The laws of the State of Colorado shall govern enforcement and interpretation of this
Agreement. Venue and jurisdiction for any court action filed regarding this Agreement
shall be only in Larimer County, Colorado.
21. This Agreement does not create a multiple fiscal year direct or indirect debt or other
financial obligation. All financial obligations of the Town under this Agreement are
contingent upon appropriation, budgeting, and availability of specific funds to discharge
such obligations.
22. Only the Town and the EVRPD, as parties to this Agreement, shall have the right to bring
an action to enforce the respective rights and obligations under this Agreement. No other
third party shall have the right or standing to enforce the terms of this Agreement,
directly or by derivative action on behalf of either Party.
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23. This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
Parties, it being recognized that both the Town and the EVRPD have contributed
substantially and materially to the preparation of this Agreement.
24. The Parties warrant that they have taken all actions necessary or required by their own
procedures, bylaws, or applicable law, to authorize their respective signatories to sign this
Agreement for them and to bind them to its terms.
(Signature pages to follow.)
Page 103
Town of Estes Park
By: Date: ___________________
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 104
Estes Valley Recreation and Park District
By: Date: ___________________
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this ____ day of _______________,
2023, by , as of
______________________________. (If by natural person or persons, insert name or names; if
by person acting in representative or official capacity or as attorney-in-fact, insert name of
person as an executor, attorney-in-fact, or other capacity or description; if by officer of
corporation, insert name of such officer or officers as the President or other officers of such
corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 105
PUBLIC COMMENT RECEIVED ON 12/12/2023
Board of Trustees Public Comment
Name: joan hooper
Stance on Item: For
Agenda Item Title: Resolution 110-23.
Public Comment:
Affordable after-school child-care is game-changer for working parents. This proposal is precisely the intent
of 6E funding. Parks & Rec is equipped to provide this service, and the Rec Center adjacent to the grade
school has space that could be dedicated to this use.
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.
Out-of-School Funding
Carlie Bangs
Housing & Childcare Manager
Town of Estes Park
Town Board Meeting December 12, 2023
Approval to utilize 6E funds from the “out-of-
school” subcategory to grant $17,000 to the
Estes Park Recreation and Parks District.
Objective
Present Situation
●Lil’ Bobcats Playtime Child Watch program serves potty-trained 4-6
year-olds Programming is offered at the Cubz Den room at the
Community Center
●Free for local youth
●Staffing includes one teacher and one aide
●Serves 12 youth per session
●Six 6-week sessions throughout 2024
Policy 225: Childcare Funding Guidelines
●Estes Valley Recreation and Park District does not offer licensed childcare opportunities, rather
they have applied for funds as an out-of-school program (similar to Boys and Girls Club)
●This program is a one-year pilot program to test the expansion of an existing program
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.
Proposal
Town staff proposes that the Town Board
approve the expenditure of 6E funds to
the Estes Valley Recreation and Park
District.
Finance Impact
$17,000 expenditure from the Childcare
Lodging Tax that currently has $175,000
available in the “Out-of-School”
subcategory.
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 5.
Ordinance 15-23 Amending Estes Park Municipal Code Section 2.04
Regarding Restrictions on Current and Former Members of the Board of
Trustees being Employed by the Town.
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.
Suggested motion(s) are set forth in the staff report.
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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 108
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: December 12, 2023
RE: Ordinance 15-23 Amending Estes Park Municipal Code Section 2.04
Regarding Restrictions on Current and Former Members of the
Board of Trustees Being Employed by the Town
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Consider an amendment to the Estes Park Municipal Code to prohibit members of the
Town Board from being employed with the Town for one year from the end of their term
on the Board.
Present Situation:
Staff reviewed the codes and charters of our market communities to determine whether
or not these communities had a cooling-off period for former governing board members.
Staff attempted to make direct contact with market communities in cases where no code
or charter provision creating a cooling-off period was found.
Staff collected data from 30 of our 31 market communities. Of those communities, 33%
(10) had a cooling-off period for any employee position, 57% (17) had no cooling-off
period, and 10% (3) had a cooling-off period only for the City/Town Manager position.
Of the communities that had a cooling-off period of any kind (12), two had a six-month
period, five had a one-year period, four had a two-year period, and one prohibited
employment for any office which was created, or for which salary was increased, during
the time the governing board member was serving.
Proposal:
The attached proposed ordinance would amend the Municipal Code to prohibit any
former member of the Town Board, including the Mayor, from holding any compensated
appointed office of employment with the Town until one (1) year after the expiration of
the term for which the members was elected to the Town Board.
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Advantages:
•Addresses concerns about a member of the Town Board advocating for a
position, then applying for said position.
•Prevents a Board member from applying for a position for which they approved
the budget.
Disadvantages:
•The proposed ordinance would make it marginally harder for the Town to recruit
employees. Staff is unaware of any current Town employee who would not have
been eligible for employment based on the proposed restrictions, so the impact is
anticipated to be minimal and worth the benefit gained.
Action Recommended:
Staff recommends approval of the attached resolution.
Finance/Resource Impact:
N/A
Level of Public Interest
Medium
Sample Motion:
I move for the approval/denial of Ordinance 15-23.
Attachments:
1. Ordinance 15-23
2.Summary of Cooling-Off Period Research
Page 110
ORDINANCE NO. 15-23
AN ORDINANCE AMENDING CHAPTER 2.04 OF THE ESTES PARK MUNICIPAL
CODE REGARDING RESTRICTIONS ON CURRENT AND FORMER MEMBERS OF
THE BOARD OF TRUSTEES BEING EMPLOYED BY THE TOWN
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Chapter 2.04 of the Estes Park Municipal Code is hereby amended by
adding section 2.04.070, to read as follows:
2.04.070. - Employment by the Town of Current and Former Town Board Members
No member of the Board of Trustees, including the Mayor, shall be a salaried
employee of the Town during their term of office other than by compensation as a
member of the Board. Upon the conclusion of their service on the Board, no
departing member of the Board, including the Mayor, shall hold any compensated,
appointed office of employment with the Town until at least one year has lapsed.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 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
, 20XX, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 111
Community "Cooling-Off" Period?If Y, how long?If Y, where
Arvada Y 1 year Charter
Aspen Only for City Manager 1 year Charter
Avon Y 6 months Charter
Black Hawk Y N/A Charter
Boulder Y 6 months Municipal Code
Breckenridge N --
Broomfield N --
Durango N --
Erie Y 1 Year Charter
Firestone N --
Fort Collins Y 1 Year Charter
Greeley N --
Lafayette N --
Longmont N --
Louisville Y 2 Years Charter
Loveland N --
Mead N --
Northglenn N --
Snowmass Village N --
Steamboat Springs Only for City Manager 2 Years Charter
Superior Y 1 Year Municipal Code
Telluride N --
Thornton Y 2 years Charter
Vail N --
Westminster Y 2 Years Charter
Adams County N --
Boulder County N --
Larimer County N --
Pitkin County Y 1 Year Charter
Weld County N --
Summit County No Response/Code --
Cooling-Off Periods in Market Communities
ATTACHMENT 2
Page 112