HomeMy WebLinkAboutPACKET Town Board 2013-12-10
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 10, 2013
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PRESENTATION: Lions Club Concession Rent.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 26, 2013, and Town Board Study Session
Minutes dated November 26, 2013.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee – November 21,
2013.
4. Estes Valley Board of Adjustment Minutes dated November 5, 2013.
(acknowledgement only).
5. Intergovernmental Agreement with Estes Valley Library District for Town Services.
6. Intergovernmental Agreement with Estes Park Local Marketing District.
7. Resolution #39-13 Terminating the Town Administrator’s Authority to Enter into
certain Intergovernmental and/or Mutual Aid Agreements for Recovery from the
Flood.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for
Town Board Final Action.
Prepared 12/2/13
*Revised – 12/4/13
** Revised – 12/10/13
**
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
1. ACTION ITEM:
A. PRELIMINARY SUBDIVISION PLAT, Mountain River Townhomes, Metes &
Bounds parcel, 650 Moraine Avenue; Dallman Construction/Applicant.
3. ACTION ITEMS:
1. RESOLUTION #35-13 – 2013 SUPPLEMENTAL BUDGET APPROPRIATIONS.
Finance Officer McFarland.
2. PUBLIC HEARING – 2014 BUDGET – ADOPTION. Finance Officer McFarland.
A. Highway User’s Trust Fund.
B. Resolution #36-13 - Setting the Mill Levy.
C. Resolution #37-13 - Adopting the 2014 Budget.
D. Resolution #38-13 - Appropriating Sums of Money.
3. INTERGOVERNMENTAL AGREEMENT FOR PERMANENT REPAIRS TO FISH
CREEK CORRIDOR. Attorney White
4. REPORTS AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE.
Director Zurn.
2. DOWNTOWN WIRELESS SERVICES. Manager Fraundorf.
3. SUNGARD UPDATE. Manager Fraundorf.
4. THE NEIGHBORHOOD SUBDIVISION DEED RESTRICTION UPDATE. Director
Chilcott.
5. CODE COMPLIANCE REPORT. Code Enforcement Officer/Planner I Kleisler.
6. DELAY TO MASTER PLAN FOR THE WATER DEPARTMENT. Director Bergsten.
5. ADJOURN.
MEETING CANCELLATION NOTICE:
The Town Board meeting scheduled December 24, 2013 has been cancelled.
*
**
Town of Estes Park, Larimer County, Colorado, November 26, 2013
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 26th day of November, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Cynthia Deats, Deputy Town Clerk
Absent: Trustee Elrod
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION – 25TH ANNUAL CATCH THE GLOW PARADE.
Mayor Pinkham read a proclamation recognizing the 25th Annual Catch the Glow
Parade as the start of the holiday season in Estes Park and encouraged the community
and visitors to attend the event on the Friday following Thanksgiving.
PUBLIC COMMENT.
Diane Muno, Town resident, business owner, and President of Estes Valley Partners for
Commerce (EVPC) said, as a retailer, she is happy to have the support of the
community and of the Trustees. She noted that, due to the September Flood, area
business owners suffered a huge financial hit and asked that the Trustees support Visit
Estes Park in their continuing efforts to market the area. On behalf of EVPC she read a
letter that was sent out to the business community and the EVPC membership following
the Special Town Board Meeting held on November 12th. The letter expressed
disappointment in the Board’s decision and lack of support for the Anschutz Wellness
Center. It pointed out that in normal times it is challenging to maintain a business in
Estes Park and stated that post-flood the lack of support for this economic development
opportunity from elected officials is disheartening. She said the letter, and comments
received from the business community will be forwarded on to the Board.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson attended a portion of the TIPS training that was held on Friday,
November 15th and said he gained an appreciation for the difficulties liquor license
holders face. He reported that at the last Transportation Advisory Committee (TAC)
meeting the Committee discussed working proactively with Public Works staff to
implement ideas from the Transportation Visioning Committee (TVC) report; meeting on
a monthly, rather than quarterly basis; and received an update from Director Zurn
related to the cost of the flood’s impact on roads and trails. Trustee Ericson announced
that the monthly meeting of the Community Development / Community Services
Committee scheduled for December 19, 2013, has been cancelled.
Mayor Pro Tem Blackhurst wished the community a Happy Thanksgiving.
Trustee Koenig said the Western Heritage organization met and elected Jo Adams, Rick
Life, and Mark Purdy to their Board of Directors, with Howell Wright continuing as
president. The Sister Cities program will be celebrating its 10th anniversary in 2014.
She said Mayor Pinkham will be contacting officials in Monteverde, Costa Rica, to
gauge the level of interest in continuing the relationship.
Board of Trustees – November 26, 2013 – Page 2
Mayor Pinkham stated that the Board will be holding a Special Meeting on Thursday,
December 5, 2013, at 4:30 p.m. in the Town Board room to hear a revised proposal
from representatives of the Estes Park Medical Center and the Stanley Hotel related to
the Anschutz Wellness Center. He also noted that Highway 7 between Allenspark and
Lyons was reopened earlier today.
TOWN ADMINISTRATOR REPORT.
1. Town Administrator Lancaster, along with other managers and mayors of
municipalities affected by the flood, will meet on Thursday, December 5th in
Lyons with a representative of the Department of Housing and Urban
Development to discuss housing needs related to the flood and ways in which
the federal government can assist.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 12, 2013, Town Board Special Meeting
Minutes dated November 12, 2013, Town Board Study Session Minutes
dated November 12, 2013 and Town Board Budget Study Session Minutes
dated October 25 and November 1, 2013.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities, Public Works Committee – November 14, 2013.
4. Estes Valley Planning Commission Minutes dated October 15, 2013.
(acknowledgement only).
5. Technical Review Committee Minutes dated September 3, 2013
(acknowledgement only).
6. Transportation Advisory Committee Minutes dated August 21, 2013
(acknowledgement only).
It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda
Items, and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #4 - Stonebridge Estates
Condominiums, Lot 3, Stonebridge Estates Subdivision, 1165 Fish
Creek Road; Kingswood Homes, Applicant.
B. AMENDED PLAT, Portion of Lot 138, Al Fresco Place Addition, and Lot
1 Burgess Resubdivision, 471 & 441 MacGregor Avenue; Blake
Robertson and Estate of Harriet Burgess, Applicant.
It was moved and seconded (Norris/Koenig) to approve the Consent Agenda
subject to the findings and recommendations of the Estes Valley Planning
Commission, and it passed unanimously.
3. LIQUOR ITEMS:
1. STIPULATION AGREEMENT - BIG HORN RESTAURANT, INC., DBA BIG
HORN RESTAURANT, 401 W. ELKHORN AVENUE, BEER & WINE LIQUOR
LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of the Big Horn Restaurant served an underage operative. The Big
Horn Restaurant operated under the ownership of Sid and Laura Brown for 15
Board of Trustees – November 26, 2013 – Page 3
years without a previous violation. This violation occurred a few days prior to
the business being sold to new owners who have filed an application with the
Town Clerk’s office to transfer the license. Transfer of the license cannot occur
until the penalty for the violation has been served. A stipulation agreement for
a first-offense penalty of a 21-day suspension with five days served and 16
days held in abeyance for one year was entered into by the licensee and will be
served from December 1 through December 5, 2013. Once the suspension is
served, the transfer of the license can occur and the days held in abeyance will
not be attached to the new license. It was moved and seconded
(Koenig/Phipps) to approve the stipulation agreement with Big Horn
Restaurant, Inc., dba Big Horn Restaurant, and it passed unanimously.
2. STIPULATION AGREEMENT - CABLES ESTES, LLC, DBA CABLES PUB &
GRILL, 451 S. ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR
LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of Cables Pub & Grill served an underage operative. Town Clerk
Williamson stated that the liquor license for this location was issued on January
7, 2013. A stipulation agreement was entered into by the licensee for a first
offense penalty of a 21-day suspension with five days served from December 1
through December 5, 2013, and 16 days held in abeyance for a period of one
year beginning November 26, 2013. The licensee has attended TIPS training
and continues to provide TIPS training for employees. Keith Johnson, Cables
Estes, LLC, approached the Board to request a change to the suspension
dates, proposing the suspension be served from December 24 through
December 28, 2013. He said it is his intention to close down during the five day
suspension because it is not economically feasible to remain open while unable
to serve alcohol. He stated that the employee who committed the violation was
no longer employed by Cables and said that he did not want to further penalize
his remaining staff just ahead of the holidays and added that if this suspension
was to be served prior to the flood, he would not be asking for this change.
Mayor Pro Tem Blackhurst said he is not in favor of changing the dates served
and stated that the penalty is not designed to be convenient. Trustee Ericson
requested that the other licensees in attendance at the meeting have the
opportunity to comment on the change to the suspension dates. Town Clerk
Williamson noted that a change in a suspension dates would affect the ability to
transfer the license at the Big Horn Restaurant. Mayor Pinkham asked that the
Board consider each business individually rather than taking comments from
the other licensees. It was moved and seconded (Koenig/Phipps) to approve
the stipulation agreement with Cables Estes, LLC dba Cables Pub & Grill
with the suspension dates amended to December 24 through December
28, 2013, and it passed unanimously.
3. STIPULATION AGREEMENT - HESS ENTERPRISES INC., DBA HUNTERS
CHOP HOUSE, 1690 BIG THOMPSON AVENUE, HOTEL & RESTAURANT
LIQUOR LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of Hunters Chop House served an underage operative. Town Clerk
Williamson stated that the liquor license for this location was issued in January
2009. A violation occurred at Hunters Chop House in 2011 and was handled
administratively by the State. The licensee paid a fine in lieu of suspension for
that offense. A stipulation agreement was entered into by the licensee for a
penalty of a 21-day suspension with five days served from December 1 through
December 5, 2013, and 16 days held in abeyance for a period of one year
beginning November 26, 2013. The licensee is planning to send staff to a TIPS
training that is scheduled for Friday, December 13, 2013, and stated that the
suspension dates are acceptable. It was moved and seconded
(Koenig/Norris) to approve the stipulation agreement with Hess
Enterprises, Inc., dba Hunters Chop House, and it passed unanimously.
Board of Trustees – November 26, 2013 – Page 4
4. STIPULATION AGREEMENT - NICKY'S RESTAURANT & LOUNGE LTD.,
DBA NICKY'S RESTAURANT & LOUNGE, 1350 FALL RIVER ROAD,
HOTEL & RESTAURANT LIQUOR LICENSE.
A compliance check was conducted on August 21, 2013, at which time an
employee of Nicky’s Restaurant & Lounge served an underage operative.
Town Clerk Williamson stated that the liquor license at Nicky’s has been in
force since 1976 with one previous violation occurring in the 1990s. A
stipulation agreement was entered into by the licensee for a first offense
penalty of a 21-day suspension with five days served from December 1 through
December 5, 2013, and 16 days held in abeyance for a period of one year
beginning November 26, 2013. Nick Kane, licensee, stated that the suspension
dates were acceptable and said members of his staff attended a TIPS training
that was held on November 15, 2013. He added that he has held a liquor
license since 1968 when it was first issued by Larimer County. It was moved
and seconded (Blackhurst/Phipps) to approve the stipulation agreement
with Nicky’s Restaurant & Lounge, LTD, dba Nicky’s Restaurant &
Lounge, and it passed unanimously.
5. TRANSFER OF OWNERSHIP – BIG HORN RESTAURANT INC., DBA BIG
HORN RESTAURANT, TO EP BIG HORN RESTAURANT INC. DBA BIG
HORN RESTAURANT, 401 W. ELKHORN AVENUE, BEER & WINE LIQUOR
LICENSE.
The Clerk’s office received an application to transfer the existing Beer & Wine
liquor license at the Big Horn Restaurant to the new owners of the business,
Michael and Daniela Kingston applying as EP Big Horn Restaurant, Inc. The
business is currently operating on a temporary permit under the existing
license. The new owners understand that the penalty for the violation that
occurred on August 21, 2013, must be served prior to the transfer being
finalized and have agreed to serve the suspension from December 1 through
December 5, 2013. The applicants, as well as four members of their staff
attended TIPS training on November 15, 2013. It was moved and seconded
(Norris/Blackhurst) to approve the transfer application for a Beer & Wine
license filed by EP Big Horn Restaurant, Inc., dba Big Horn Restaurant,
and it passed unanimously.
4. ACTION ITEMS:
1. ESTES VALLEY LIBRARY BOARD APPOINTMENTS.
Appointments to the Estes Valley Public Library District (EVPLD) Board are
joint appointments that require the approval of both the Town of Estes Park and
Larimer County. EVPLD is nominating Debra Dullaghan to fill a vacancy on the
Board, and is nominating Peter Plaut for reappointment to the Board. If
approved both would serve four year terms beginning on January 1, 2014, and
ending on December 31, 2017. It was moved and seconded (Koenig/Ericson)
to approve the reappointment of Peter Plaut and the appointment of
Debra Dullaghan to the Estes Valley Public Library District Board for a
four-year term beginning January 1, 2014, expiring December 31, 2017,
and it passed unanimously. Approval of the appointments by the Board of
County Commissioners was previously received.
2. PUBLIC HEARING – 2014 BUDGET.
Finance Officer McFarland presented the proposed budget for 2014. He stated
that the 2014 budget has 12 funds and approximately $43,000,000 in
expenditures. He noted that financial goals have changed since the September
flood event resulting in adjustments to the budget and changes to budgetary
strategies in the short-term. Financial goals for 2014 include maintaining a
General Fund balance of at least 20% through 2014; continuing to work on
capital projects that support infrastructure needs or promote economic vitality;
continuing to retain and utilize Internal Service Fund balances for capital
replacement purchases; and maintaining healthy ratios in the Enterprise Funds
while providing services to the public, and servicing capital projects and debt.
Board of Trustees – November 26, 2013 – Page 5
He reported that due to the flood, sales tax revenues are lower than projected,
and estimated the loss of sales tax revenue from September 2013 through
spring 2014 at $1.6 million, which was the figure used by staff when creating a
conservative 2014 budget. However, with the highways opening earlier than
expected, the losses may not be as extreme. He noted that flood-related
expenditures have affected over 1,000 financial statement line items thus far
and said the Federal Emergency Management Agency (FEMA) has been
guiding staff through the cost recovery process. He said $375,000 of eligible
expenses related to emergency and debris removal have been submitted and
will be paid at a rate of 87.5%, with $306,000 expected to be reimbursable to
the Town; and at this time, recoverable costs through CIRSA are expected to
be approximately $180,000. However, additional claims and requests for
reimbursement will continue to be filed. Expenses related to the rock crusher
project in Lake Estes may be as high as $900,000. The Town’s goal is to cover
the costs of the project by providing materials to private and public entities. He
noted costs related to flood recovery in the Fish Creek area are unknown, as
well as PERA costs that may occur in 2014 associated with a reclassification of
employees. He said staff will keep a close eye on these expenses and revisit
the budget as the year progresses.
Three positions are expected to be filled in 2014: planner, police officer, and
dispatcher. Hiring for vacant positions, including the Assistant Town
Administrator position, will be suspended until a mid-year review of the budget.
An approximate 4% increase to salaries has been budgeted for 2014 based on
the results of the 2013 Classification and Compensation Study; no merit raises
are budgeted for 2014. The increase to insurance benefit costs is 5% over
2013. Transfers from the General Fund include $1.7 million to Community
Services for support of the Museum, Senior Center, Events, and the MPEC;
$1.235 million to the Community Reinvestment Fund; subsidies to the Fire
District, Estes Park Housing Authority, Economic Development Council, and
Community Service Grants. A $100,000 grant to the Local Marketing District
(LMD) will be added to the 2014 budget following a recent request by the
organization for assistance from the Town to help offset the financial impact of
the September flood event on the LMD.
Community Reinvestment Funds will be utilized for ongoing capital projects and
street maintenance. Also, in 2014 the first payment on the $6 million
Certificates of Participation (COPs) for the construction of the MPEC will be due
in an amount of $518,000 from the Community Reinvestment Fund. Utilities
has budgeted $4.1 million for capital projects in 2014 consisting primarily of
flood-related repairs, as well as upgrades and server consolidation in the IT
division.
Finance Officer McFarland said capital projects in the General Fund are
primarily in the area of the Police Department (PD) in 2014, and PD staff
commented on an addition to the 2014 budget. An expenditure of $75,000 was
discussed during the budget sessions, however, an additional $300,000 has
been added to cover the cost of a radio console upgrade to 800 MHz.
Commander Rose said that as a member of the Northern Colorado Regional
Communication Network (NCRCN), and in partnership with the Front Range
Communications Consortium (FRCC), the equipment can be obtained at a
lower cost with additional savings realized if system installation is performed
concurrently with installation of the system in Fort Collins. Staff is proposing
that a lease purchase agreement be executed for the equipment with
installation in February 2014, and no payments due until January of 2015. The
2014 budget will reflect a $300,000 asset, and a $300,000 expense to offset it,
with the actual expenditure occurring in 2015. Town Administrator Lancaster
stated that this purchase would provide the Town with some independence
from the State and the ability to support its own emergency services. He added
that there are no pre-payment penalties associated with the lease agreement
so depending upon future financial circumstances, the lease could be paid off
early without penalty.
Board of Trustees – November 26, 2013 – Page 6
Comments are summarized: the subsidy to the Fire District is 7% of sales tax;
the intent of the percentage was the funds to the Fire District would rise and fall
with the fortunes of the Town; will the Fire District receive 7% of the sales tax
generated by the new MPEC?; a discussion with the Fire District is needed in
early 2014; cost for repairs to Community Drive which has been badly damaged
due to heavy equipment during flood recovery will be reimbursed by the
Federal Highway Administration; street maintenance funds are being banked
for the Dry Gulch project that is estimated to cost $1.2 million; propose staff
consider conference center upgrades for final budget; the conference center
will be marketed along with the MPEC; have staff compile a top 10 list of capital
projects that can be considered if funds become available; first priority is to
bring fund balance back up to pre-flood level; and revisit the budget quarterly
during 2014.
It was moved and seconded (Norris/Koenig) to continue the Public Hearing
and Board Action until December 10, 2013, and it passed unanimously.
3. INTERGOVERNMENTAL AGREEMENT (IGA) FOR PERMANENT REPAIRS
TO FISH CREEK CORRIDOR. IGA not ready for Town Board action.
Town Administrator Lancaster noted that the IGA for permanent repairs to Fish
Creek is a work in progress and that concerns raised by Upper Thompson
Sanitation District are currently being addressed. The IGA will move forward to
the Board once the agreement is finalized.
4. ORDINANCE #16-13 – SETTING THE COMPENSATION OF THE
MUNICIPAL COURT JUDGE, ASSISTANT MUNICIPAL COURT JUDGE,
AND THE MUNICIPAL COURT CLERK PURSUANT TO SECTION 2.24.030
OF THE MUNICIPAL CODE.
Town Clerk Williamson stated that in past years compensation for municipal
court staff has been set every other year with 5% increases to the salaries for
both the Judge and the Clerk, however, a review of state statute indicated that
salaries must be set annually. Ordinance #16-13 proposes a 2.5% increase to
the Judge and Clerk salaries for the year 2014. The compensation for the
Assistant Municipal Court Judge is paid on a per court session basis, and
remains unchanged for 2014, at a rate of $150 per session. Staff recommends
that job descriptions for the Judge and Court Clerk be created and the number
of hours worked be recorded during 2014 to allow the compensation for these
positions to be reviewed based on market. With this market information, the
salaries will be re-evaluated for 2015. Attorney White read Ordinance #16-13
into the record. It was moved and seconded (Norris/Blackhurst) for the
approval of Ordinance #16-13, and it passed unanimously.
5. REVISED 2014 OBJECTIVES.
In August 2013, the Board’s Objectives for 2014 were formally approved. Due
to changes in circumstances resulting from the September 2013 flood event,
revisions were made to the “one-year time frame” objectives. The changes are
consistent with adjustments made to the original 2014 budget and were
previously discussed at a recent Town Board study session. Projects such as
the Sign Code Revision and Bond Park Development that were removed from
the original budget, were also removed from the list of objectives, while flood-
related repairs and restoration, and moving forward with a sales tax initiative on
the April ballot were added. It was moved and seconded (Blackhurst/Ericson)
to approve the revised 2014 Board of Trustees Objectives as presented,
and it passed unanimously.
5. REPORTS AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE.
Director Zurn reported that the stall barn and MPEC projects continue to go
well. The fire protection, HVAC, and electrical systems are well underway in
Board of Trustees – November 26, 2013 – Page 7
the stall barn structure; heaters are roughed in and gas meters are being set.
The windy weather has caused some delays on the MPEC project and dictates
the tasks that can be undertaken by the steel erector. Work on utilities and
underground infrastructure continue at the MPEC. He noted that the
underdrain was a good addition to the project because groundwater is close to
the surface following the September rain event. A topping-out ceremony for the
MPEC is scheduled for Wednesday, December 4, 2013.
2. FLOODPLAIN RECOVERY UPDATE.
Director Chilcott updated the Board on non-regulatory work associated with
flood recovery and restoration. It has become evident that river/stream
restoration is going to be complicated and costly and, in some cases, property
owners are going to need to collaborate on a plan for restoration. Since FEMA
does not pay for river/stream restoration work, the Town can play a role in
helping property owners with the cost of restoration by obtaining funds to bring
in hydrologic experts who can present technical and design options that will
result in a restored river. The Town can also facilitate meetings when needed.
Community Development staff has applied for grant funds through the Colorado
Water Conservation Board (CWCB) to produce a master plan for Fall River and
will make application for monies for a master plan for the Fish Creek corridor
after December 6th. Director Chilcott said the Town of Estes Park was one of
four applicants for CWCB funds and said she is hoping to hear if funding will be
available for this purpose by the end of the year. The Town is now a sponsor
for the Natural Resource Conservation Service (NRCS). Four staff members of
NRCS made onsite visits to Fall River, Fish Creek, Fox Creek and North Fork
and have put together maps of areas where they can help with immediate bank
stabilization through the Emergency Watershed Protection Program and help
with up to 75% of the cost in prioritized areas. The Town will continue to look
for resources to assist with the impact of recovery and restoration costs to
private property owners within the Estes Valley.
Whereupon Mayor Pinkham adjourned the meeting at 9:28 p.m.
William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado November 26, 2013
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 26th day of November,
2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Ericson,
Koenig, Norris and Phipps
Also Attending: Town Administrator Lancaster, Town Attorney White and
Town Clerk Williamson
Absent: Trustee Elrod
Mayor Pinkham called the meeting to order at 5:02 p.m.
TRUSTEE COMMENTS & QUESTIONS. None.
FUTURE STUDY SESSION AGENDA ITEMS
Mayor Pinkham stated a Special Town Board meeting would be held on Thursday,
December 5, 2013 at 4:30 p.m. in the Board Room to hear a presentation from the
Hospital District on a new plan to develop a Wellness Center on Lot 4, Stanley Historic
District (SHD). The Board would enter into an Executive Session following the
presentation to discuss negotiations of a potential new contract for the purchase of Lot
4, SHD. If the Board chooses to entertain a new proposal and revised contract, the
Board would discuss the next steps and the potential of an additional Special Town
Board meeting on Tuesday, December 17, 2013. Staff requested the Board send in any
questions or concerns each member had with the previous contract presented at the
November 12, 2013 meeting.
Trustee Koenig requested staff bring forward a review of what properties in the valley
can be open space and to educate the citizens that not all undeveloped properties are
eligible for open space. Administrator Lancaster suggested staff begin by bringing
forward a map of commercial and industrial zoned properties in the valley to better
understand their location, number and uses. The Board was in favor of the discussion
with the addition of A, A-1 and CD zoned properties.
Administrator Lancaster clarified the discussion on the Community Survey would take
place in February, and a discussion on municipal court fees and the potential of
increasing them would be added to the December 10th study session.
VISIT ESTES PARK UPDATE ON MARKETING EFFORTS.
Peggy Campbell/Local Marketing District (LMD) President and CEO stated the LMD has
experienced a severe revenue shortfall since the flood and anticipates an ongoing
reduction in the collection of the 2% accommodation tax. A reduction in marketing
means a reduction in the collection of Town, County and State sales tax as well as a
much longer economic recovery. The district requested taxing partners such as the
Town and the County provide funding to help tourism recover more quickly in Estes
Park; i.e. $100,000 from Town, $15,000 from County and a possible grant from the
State. The marketing district receives 96% of its revenue from the lodging sector and
does not receive any revenue from day visitors, retail sales, restaurants or grocery
sales. The district anticipates a reduction in revenue of $600,000 in 2014 compared to
2012. A number of grants have been applied for and denied such as an SBA loan,
Community Services grant, FEMA, and temporary help from Larimer County Workforce.
Town Board Study Session – November 26, 2013 – Page 2
Other grants are pending including Northern Colorado Community Foundation Grant,
Economic Development Administration Grant, Colorado Office of Economic
Development and International Trade Grant and have requested funding from other
regional partners. The Estes Park valley continues to suffer from an image of
devastating destruction from the recent flooding, and therefore, it was stated the
economy would take longer to recover from the misperceptions without the proper
marketing effort. Destination marketing has been and continues to be a net generator
of revenue and profit. It is estimated that a $100,000 investment by the Town would
yield a $450,000 in revenue for the Town.
Brooke Burnham/LMD Director of Public Relations & Communications stated the LMD
can restore the tourism economy of Estes Park through effective destination marketing,
including an effective, integrated marketing campaign; and a collaborative partnership
approach with event planning and promoting and working in conjunction with regional
cities and DMOs. The marketing effort would include both short-term (phase I) and
long-term (phase II) goals to drive visitation during both the winter/spring months and
the summer visitation using creative marketing methods and social media. Adequate
marketing funding would be needed to continue the efforts in recovering the local
economy, including the award of grant funding, grant pledges and in-kind support, new
events to market, long term loans, and funding from partners.
After further discussion by the Board, the consensus was to add $100,000 in funding for
the LMD to the 2014 budget to help with the marketing of the community during 2014.
SUNGARD UPDATE.
IT Manager Fraundorf provided an update on the migration to OneSolution, stating it
had been postponed due to the modules not being completed by the company.
Therefore, the Town has moved away from the migration and would continue with the
maintenance only contract for HTE, the financial software used by the Town. The
decision was driven by the recent moves by HR to Paylocity to outsource payroll
services and Community Development’s move to Energov in 2014 for planning and
building permit processing. The only item left to address with OneSolution would have
been financial processes, which continues to be provided through HTE software. The
Town would move to the latest upgrade for HTE that would provide new reporting tools.
At the December 10th Board meeting, staff would provide the Board with a full report on
the history of the project, funds expended on the project, and the value of the items
received from Sungard to date. A discussion ensued on the need to set aside funds for
new software in the event the current software is no longer supported or cannot
complete the necessary requirements governed by the GASB.
SISTER CITIES AGREEMENT.
Mayor Pinkham stated the Sister Cities organization was initiated in 2001 by former
Mayor Baudek. An ad hoc committee was formed to identify a sister city community
that would be aligned with Estes Park. In 2004, the Town formalized a relationship with
Monte Verde, Costa Rica as its official sister city. In 2014, the 10th anniversary of the
sister city relationship would be celebrated. It was suggested both parties re-evaluate
how the relationship benefits each and whether or not to continue the sister city
partnership. The Board discussed the benefits to the Town related to the school district,
exchanges with students and other organizations, environmental issues, and the
ongoing relationship with the National Parks in both communities. Regardless of the
communities interest in continuing the sister city relationship, the National Parks could
continue their own exchanges. After further discussion, the consensus of the Board
was to reach out to the Monte Verde officials to determine their interest in continuing
and renewing the relationship.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, November 21, 2013
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
21st day of November, 2013.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Finance Officer McFarland, Manager Salerno, Special Event
Coordinator Jacobson, Code Compliance Officer/Planner
Kleisler, CBO Birchfield, and Deputy Town Clerk Deats
Absent: Town Administrator Lancaster, Directors Chilcott and
Winslow
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Visitor Center Quarterly Report – Manager Salerno reported that traffic during
July and August of 2013 was up 19% over the same period in 2012. However,
the decrease in traffic after the flood was so significant that totals for the third
quarter ended up 5.59% lower than the same period in 2012. She noted that the
number of telephone calls received in September increased over last year, and
noted that calls were received from people all over the country wanting to check
on the well-being of the Estes Park community and businesses after the flood.
She noted that retail sales at the Visitor Center are also down and that sales
projections for 2013 will not be met.
November/December Fairgrounds & Events Report – Special Event Coordinator
Jacobson said several new events have been scheduled during the holiday
season, in addition to the traditional holiday events. Upcoming events include:
the Lighting Ceremony on November 23rd, the Catch the Glow Parade on
November 29th, Family Fun Holiday Weekend December 6th-8th, Dasher 5K and
Tinsel Tavern Tour on December 14th, Last Minute Holiday Shop-A-Thon on
December 20th-22nd, and a New Year’s Eve Celebration on December 31st.
These new events have been planned in collaboration with the Town of Estes
Park, the Estes Area Lodging Association, Visit Estes Park, the Wedding
Association, and local business leaders. She noted that local heroes who served
or made a difference during the flood, as well as Colorado Department of
Transportation (CDOT) road crews, will be recognized during the Lighting
Ceremony this year. It was also reported that the November 21st opening of the
ice rink has been delayed. Public Works staff is working to meet a new proposed
opening date of November 29th.
Verbal Updates –
o Budget – Finance Officer McFarland said budget reports are scheduled to
be available on Friday, November 22nd.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Code Compliance Program Update – Code Compliance Officer Kleisler reported
Community Development / Community Services – November 21, 2013 – Page 2
on the process that is being utilized to design policies, establish daily operations,
and create a Code Compliance Program. A mission statement was created and
an effective code compliance program was defined using input from community
meetings. He said six code compliance issues that were identified by the
community during outreach programs have been designated as high priority and
will be addressed by staff on a proactive basis. They are:
Animals (to ensure safe animal-human interactions)
Dark Sky Lighting (to address light pollution)
Noxious Weeds (management of noxious weeds in the Estes Valley)
Vacation Home Rentals (ensure they are operating in a manner
consistent with local codes)
Junk Accumulation
Wildfire Mitigation
Staff will continue with community outreach and education and will provide a
Code Compliance Report to the Committee on a regular basis, either monthly or
quarterly. The Committee requested that Code Compliance Officer Kleisler bring
this information forward to the full Town Board at an upcoming Town Board
meeting. In addition, the Committee asked that a discussion of the municipal
court fine schedule, both in general and as it relates to code compliance
enforcement, be added to a future Town Board Study Session agenda.
Courtyard Shops Update – Staff has been working with the owner of the
Courtyard to address life safety concerns at the property. Progress slowed this
summer when the general contractor and the property owner had a parting of the
ways. A meeting was held on November 14, 2013, to communicate the Town’s
position, at which time the owner was notified that work on the required sprinkler
system must begin by January 1, 2014, and a portion of the sprinkler system
must be operational by May 1, 2014, or the Town will initiate an eviction process
for the 12 residential units located on the property. Town staff is working in
conjunction with Fire Marshal Robinson and the Estes Valley Fire Protection
District on this matter.
Flood Recovery Update: Floodplain Management and Stream/River Corridor
Protection –
o Floodplain regulations adopted at the November 12, 2013, Town Board
meeting brought the Town into compliance with new state regulations. In
addition, a temporary ordinance was passed that will allow construction to
take place on properties adjacent to drainages. CBO Birchfield and Planner
Kleisler inspected properties at the Stone Bridge Estates development on
Fish Creek Road and determined that all but one unit will be able to continue
or commence construction and be in compliance with the new regulations.
One unit in the development is severely damaged and will likely be
demolished; the owners of the unit are undecided whether or not to rebuild.
CBO Birchfield stated that staff is working with property owners and
engineers along Fall River and Fish Creek.
o Community Development staff has applied for two separate grants for a
master planning process in the Fall River area. One was to the Community
Foundation of North Carolina for $50,000, and the second was to the
Colorado Water Conservation Board for $50,000 - $70,000. The funds would
be used to hire a consultant and coordinate a master planning process in the
Fall River Corridor with a goal of having the master plan completed by April
2014, with critical safety steps taken prior to the spring runoff. The master
plan would address how to minimize the impact of future flooding on homes
and businesses, business disruption and resulting economic loss, and steps
to restore Fall River’s ecological health.
o The Town has expressed interest in becoming a sponsor in the Natural
Resources Conservation Service (NCRS) Emergency Watershed Program.
The Town would administer the program which provides state and/or federal
money, typically at a 75%/25% split, to property owners rebuilding after a
flood. If approved, staff will contact property owners who could potentially
benefit from this type of program.
Community Development / Community Services – November 21, 2013 – Page 3
o Town Administrator Lancaster, Director Chilcott, and CBO Birchfield will
attend a flood recovery symposium in Loveland on November 22, 2013,
hosted by the Colorado Division of Homeland Security and Emergency
Management.
o Code compliance complaints have been received related to work being done
in the floodways without permits, or work that exceeds the scope of the
permit. Staff is proactively addressing these issues. CBO Birchfield said
approximately a dozen properties are still red-tagged, with the majority of the
properties located in the Fall River corridor.
MISCELLANEOUS. Chair Ericson said that recent conversations with local business
owners indicate that the flood negatively affected their September business, however,
October and November have met their expectations. He noted that the opening of
Highway 34 later today should promote more daytrips to Estes from Front Range
communities. He encouraged participation in the Tree Lighting festivities to be held in
George Hix Riverside Plaza on Saturday, November 23, 2013.
There being no further business, Chair Ericson adjourned the meeting at 8:55 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
November 5, 2013, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair Bob McCreery, Members John Lynch,
Wayne Newsom, and Pete Smith; Alternate Member Chris Christian
Attending: Members Newsom, Smith and Lynch
Also Attending: Senior Planner Shirk, Planner Kleisler, Recording Secretary Thompson
Absent: Members McCreery and Moreau
Member Lynch called the meeting to order at 9:00 a.m. He stated two members, Moreau
and McCreery, were not in attendance; however, three members constituted a quorum.
He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were three people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the September 10, 2013 meeting.
It was moved and seconded (Newsom/Smith) to approve the Consent Agenda as
presented and the motion passed unanimously.
3. LOT 9, STANLEY HEIGHTS SUBDIVISION, 1081 West Lane
Planner Kleisler reviewed the staff report. This is a request for a variance from the
EVDC Section 4.3, Table 4-2, which requires buildings and accessory structures be
setback a minimum of 50 feet from the side property line in the RE–Rural Estate zone
district. The applicant requests to encroach approximately 15 feet into the side setback to
construct an above-grade deck. The proposed deck would connect to an existing side deck
and measure approximately 20 feet by 43 feet. The property is located in unincorporated
Larimer County.
Planner Kleisler stated the application was routed to affected agencies and adjacent
property owners. There were no significant concerns concerning this request. We received
a comment in support of the variance from an adjacent property owner.
Staff Findings
1. In determining whether special circumstances or conditions exist:
a. Staff did not find that special circumstances or conditions exist relating to lot shape
and size. The home is not located within the side setback. According to the Larimer
County Tax Assessor, this single-family home was built in 1963, and 50 foot
setbacks have been required since the 1963 Larimer County Zoning Resolution
was enacted.
b. The lot size and dimensions are generally in line with the standards and intent of
the RE–Rural Estate zone district. Planner Kleisler stated the current lot size is
compliant with the RE zone district, and the shape of the lot is not out of character.
However, the home is very close to the side property line, and that was taken into
consideration with this variance request. If the deck was placed outside of the
setback on the other side of the house, there would potentially be substantial loss
of vegetation.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
November 5, 2013
2. In determining practical difficulty:
a. Staff found the residential use may continue without the approval of the variance,
and the variance was not substantial.
b. The essential character of the neighborhood would not be substantially altered with
the approval of this variance.
c. Adjoining properties would not suffer a substantial detriment as a result of this
variance. The nearest property is a residential dwelling approximately 192 feet to
the southwest, as measured from the edge of the proposed deck.
d. The variance would not adversely affect the delivery of public services.
e. The current property owner purchased the property in 1993, after the adoption of
the 50 foot side setback requirement. Planner Kleisler stated a deck could be
constructed at grade without a variance request. Because the applicant is
requesting to construct an above-grade deck, the variance request is necessary.
3. Staff found the proposed variance represented the least deviation from the regulations
that would afford relief, and the alternative of shortening the proposed deck would
impact the practical usability of the space. The only alternative appears to be an at-
grade patio or deck, or a substantial change in the design of the current proposal.
4. Staff found they could determine compliance with the variance without an official
setback certificate.
Staff recommended approval of the variance, with conditions listed below.
Public Comment
Steve Lane/applicant stated the home is tucked into the corner near the setback. He stated
the existing deck extends approximately three feet within the setback. The applicant
desires to have the deck at the same floor level as the living room, which puts it above
grade and requires the variance.
Conditions
1. Compliance with the approved site plan
2. All new exterior lighting comply with EVDC Section 7.9.
It was moved and seconded (Smith/Newsom) to approve the variance request for Lot
9, Stanley Heights Subdivision, to allow encroachment of approximately 15 feet into
the side setback to construct a proposed deck and the motion passed 3-0 with two
absent.
4. REPORTS
1. Expired Variances
Senior Planner Shirk reported the approved variance for the proposed EPIC
Performing Arts Center expired in October. The approved variance for O’Reilly Auto
Parts has also expired. He stated an amendment to the Estes Valley Development
Code will be heard by the Planning Commission, Town Board, and County
Commissioners to require development applications be heard by those boards prior to
being heard by the Board of Adjustment. Staff will keep the Board updated as to the
progress of the proposed amendment.
2. Parking Facility
Planner Shirk reported the proposed parking facility would likely require variances for
setback and height. There has been some neighbor concern about the lighting. He
stated the bulbs will need to be completely hidden to comply with the development
code. He clarified the proposed garage would be two covered levels and one open
upper deck. There would be some lighting between the structure and the visitor center,
as well as lighting for the shuttle buses. The police department expressed some
concern about vehicle break-ins, and is working to lessen those possibilities.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
November 5, 2013
3. Estes Park Medical Center North Parking Lot Expansion Project
Planner Shirk reported the hospital has submitted an application for additional parking
lot on the north side of their campus. The applicant has been working on this proposal
for 6-8 months. Development includes use of some hospital-owned homes on Stanley
Circle Drive for ambulance service parking and on-call physician use. The proposal is
to create an outlot from the back yards of the homes on Stanley Circle Drive to create
their parking lots. This will create a nonconforming lot size for that zone district. This
minimum lot size will come before the Board of Adjustment, as well as two other
possible variance requests for setback and maximum lot coverage. The application will
come to the Board of Adjustment in the next few months.
4. Member Newsom complimented Planner Kleisler on the exceptional work he has done
with graphics on his staff reports.
There being no other business, the meeting was adjourned at 9:25 a.m.
___________________________________
John Lynch, Interim Chair
__________________________________
Karen Thompson, Recording Secretary
Finance & Administrative
Services Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Jackie Williamson, Town Clerk
Date: December 9, 2013
RE: Intergovernmental Agreement with Estes Valley Public Library District for
Town Services
Objective:
To update the IGA with the Estes Valley Public Library District to reflect current
practices and fees for service.
Present Situation:
The Town of Estes Park (Town) and the Estes Valley Public Library District (District)
annually renew an IGA for services provided by the Town to the District. The
agreement renews automatically if there are no changes (other than inflationary cost
increases).
Proposal:
For 2014, the IGA would be updated to reflect service changes, including:
1. The Town will no longer provide payroll / human resource services to the District
effective January 1, 2014. The Town would continue to provide accounting services
and benefit administration as described in “Exhibit A”. In prior years, the fees to the
District have been internally (Town) apportioned at approximately 1/3 for payroll /
human resources, and 2/3 for accounting. As such, the costs for 2014 will be
approximately 2/3 of 2013, with an annual 3% increase for future years.
2. The new IGA would accurately outline how the Town administers benefits for the
District. The Town would maintain enrollment for all benefits provided (medical,
dental, vision, EAP, health club, flex plans, etc.) and bill the District monthly for all
premiums, including a 3% service fee on the medical insurance premiums. The IGA
also identifies a timeframe for the District to choose benefits provided to their staff
annually. This would ensure accurate open enrollment information is provided to the
District’s employees.
Advantages:
To formalize the services provided to the District and the fees to be paid to the Town for
conducting the services.
Liquor Licensing & Violation Guidelines
2
Disadvantages:
None.
Action Recommended:
Approve the new IGA between the Town and the District.
Budget:
Revenues collected for services rendered in each department.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the IGA between the Town of Estes Park and the Estes Valley
Public Library District.
Attachments:
Intergovernmental Agreement
-1-
INTERGOVERNMENTAL A G R E E M E N T
THIS AGREEMENT effective the 1st day of January, 2014, by and between the
TOWN OF ESTES PARK, a Municipal Corporation, hereinafter referred to as the
(“Town”) and the Estes Valley Public Library District, a quasi-municipal corporation
and political subdivision in the State of Colorado, hereinafter referred to as the
(“District”).
WHEREAS, the Town operates a finance office and administrative services
office; and
WHEREAS, the District desires to contract with the Town for certain accounting
services and benefits administration; and
WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate
or contract with one another to provide functions and services lawfully authorized to the
individual entity; and
WHEREAS, pursuant to the applicable statutes of the State of Colorado the
parties are authorized to enter into this Intergovernmental Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE
COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. The Town shall provide accounting services and benefits administration to
the District as said services are more fully set forth on Exhibit “A” attached hereto and
incorporated herein by reference.
a) District Employee Benefit Plans. To the extent permitted by law and the
terms of third party provider agreements, the Town shall allow District
employees to be covered for all current Town benefits.
The District shall have the option to select the individual Town
benefit plans in which its employees shall be covered. This selection shall
be on an annual basis with the District providing the Town its selection of
benefit plans on or before November 1 of each year to be effective
January 1 of the next year. The selection of individual benefit plans shall
be subject to the written approval of the Town, which approval shall not be
unreasonably withheld.
The parties agree that no retirement benefit plans for District
employees are provided by the Town to the District in this Agreement.
-2-
District employees shall only mean employees of the District and
not members of the District’s governing board.
In administering the benefit plans for the District, the Town pays the
appropriate sums for District employees to its third party providers at the
beginning of each calendar month. The Town will invoice the District for
those payments. The District agrees to reimburse the Town for those
payments within thirty (30) days of receipt of the reimbursement invoice
from the Town. It is specifically understood by the District, that in the
event that the reimbursement payment is not made to the Town within
said thirty (30) day period, the Town shall have the right to provide the
District with a twenty (20) day notice of its intent to terminate District
employees from participation in the applicable benefit plans. If the District
does not pay the reimbursement amount within said twenty (20) day notice
period, the Town shall have the right to immediately terminate participation
of the District employees from all benefit plans administered by the Town
for the District pursuant to the terms of this Agreement.
The District understands and agrees that the Town shall not be
responsible for any human resource/personnel matters as part of its
benefit administration. Neither the District nor its employees shall seek
advice or counsel from the Town with regard to any human
resource/personnel issues concerning District employees. The District
specifically waives any claim against the Town and any individual
employee, consultant, agent, or volunteer of the Town for any act or
omission in the performance or non-performance of its benefit
administration for District employees.
2. The District shall pay to the Town for the services on Exhibit A the sum of
$1,323.00 per month, plus 3% of the medical insurance premiums as a benefits
administrative fee per month to be billed separately. The sum is payable on the first day
of each calendar month from the effective date of this Agreement. The monthly
payment of $1,323.00 shall be increased by 3% compounded annually on January 1 of
each successive year.
3. The District shall provide the necessary financial and billing information
necessary to allow the Town to perform the services set forth on Exhibit “A”.
4. The parties understand and agree that the information provided from the
District to the Town shall be used by the Town only in the services to be provided in this
Agreement. The Town hereby agrees not to provide any portion of said information to
any third party without the express written consent of the District. The parties
understand and agree that both the District and the Town are subject to the applicable
provisions of Article 72 of Title 24, C.R.S., commonly known as the Public Records Law.
In the event the Town receives a request for information received from the District or the
requested information is a product of the Town’s services pursuant to this Agreement,
-3-
the Town shall inform the District of the request. The District shall consult with the
Town immediately to determine whether or not the request shall be honored under the
applicable terms and conditions of the Public Records law. The parties agree that the
Town shall comply with any order of any Court requiring release of information.
5. This Agreement shall be for the period from the effective date hereof
through December 31, 2014. This Agreement shall automatically renew for additional
one-year periods commencing January 1 of each year unless terminated by either party
hereto. Either party may terminate this Agreement by giving thirty (30) days notice of
termination in writing to the other party. The District shall pay the Town all payments
due through the date of termination.
6. This Agreement contains the entire agreement between the parties and
may be amended by the parties only in writing.
7. The District is not an agent or employee of the Town and the Town is not
an agent or employee of the District for any of the terms, conditions or services provided
under the terms of this Agreement.
8. The Town and the District will provide each other with prompt notice of
any claim, lien, suit, demand or action for damages, injuries to persons, including death,
property damage, including loss of use arising our of or resulting from performance
under this Agreement, and in the event of a claim or action which is filed, each party
may employ attorneys of its own choosing to prepare and defend the claim or action on
its behalf.
9. All notices, demands or other documents required or desired to be given,
made or sent to either party, under this Agreement shall be in writing, shall be deemed
effective upon mailing or personal delivery. If mailed, said notice shall be mailed,
postage prepaid registered as follows:
Town of Estes Park
Town Administrator
P O Box 1200
Estes Park, CO 80517
Estes Valley Public Library District
Executive Director
P O Box 1687
Estes Park, CO 80517
12. This Agreement shall be construed in accordance with the laws of the State
of Colorado, and venue for any civil action with respect thereto shall be proper only in
Larimer County, Colorado.
-4-
13. The parties to this Agreement understand and agree that the parties are
relying on, and do not waive or intend to waive, by any provisions of this Agreement, the
monetary limitations or terms (presently $350,000.00 per person and $990,000.00 per
occurrence) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101, et. Seq., C.R.S., as from time to time
amended or otherwise available to the parties or any of their officers, agents or
employees.
14. This Agreement shall be binding upon the successors and assigns of the
parties hereto. This Agreement may not be assigned by either party hereto without the
prior written consent of the other party.
15. The parties understand and agree that the sums necessary to pay for the
services herein shall be subject to the annual budgetary process of the District. The
financial obligation of the District shall not be a multi-year financial obligation under
Article X, Section 20 of the Colorado Constitution. The District shall have the right to
terminate this Agreement in the event that the District’s governing body fails to
appropriate monies sufficient for the continued performance of this Agreement.
16. In the event of default under this Agreement by either party except as
provided in Section 5 herein, the non-defaulting party shall give the defaulting party
written notice of said default. The defaulting party shall have thirty (30) days to cure
such default. In the event the defaulting party does not cure the default, the non-
defaulting party shall be entitled to all remedies available by law or equity, including
reasonable attorney’s fees and costs incurred by the non-defaulting party due to said
default.
TOWN OF ESTES PARK,
BY: ________________________________
Mayor
ATTEST:
____________________________________
Town Clerk
Estes Valley Public Library District
BY: ________________________________
Title:
-5-
EXHIBIT A
Scope of Services
1) General Accounting Functions:
Processing of cash receipts
Investment accounting
Cash management assistance
General journal entry
Monthly financial reporting
Annual budget entry
Assist with annual audit by independent auditors
Accounts Payable:
Processing of payments to vendors
1099 reporting and issuance
2) District Employee Benefits Functions:
Town Benefit plan: (medical, dental, vision, EAP, health club, flex plans, etc.).
Administering benefits
Administrative Services Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: December 9, 2013
RE: Intergovernmental Agreement with Estes Park Local Marketing District
Objective:
To update the IGA with the Local Marketing District to reflect current practices and fees for
service.
Present Situation:
The Town of Estes Park (Town) and the Local Marketing District (District) annually renew
an IGA between the Town and the District outlining the relationship and services provided.
Proposal:
For 2014, the IGA would be updated to reflect current dates and to more accurately reflect the
administration of LMD employee benefits by the Town’s Administrative Services department,
including maintaining enrollment in benefits, the monthly billing for benefit premiums, 3%
administrative fee on medical insurance premiums, timeframe for electing benefits, etc.
Advantages:
To formalize the services provided to the District and the fees to be paid to the Town for
conducting benefits administration.
Disadvantages: None.
Action Recommended:
Approve the new IGA between the Town and the District.
Budget:
Revenues collected for services rendered by the Administrative Services department.
Level of Public Interest: Low
Sample Motion:
I move to approve/deny the IGA between the Town of Estes Park and the Estes Park Local
Marketing District.
Attachments:
Intergovernmental Agreement
1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ESTES PARK LOCAL
MARKETING DISTRICT AND THE TOWN OF ESTES PARK
THIS INTERGOVERNMENTAL AGREEMENT by and between the Estes Park
Local Marketing District (also known as Visit Estes Park), a Colorado Local Marketing District,
hereinafter referred to as the “LMD” and the TOWN OF ESTES PARK, COLORADO, a
Colorado statutory town, hereinafter referred to as “The Town”, is effective the 1st day of
January, 2014.
WITNESSETH:
WHEREAS, the LMD is a local marketing district organized to provide the services set
forth in Section 29-25-111 (1)(e)(I)(A), (B) and (C), C.R.S.; and
WHEREAS, the LMD was created pursuant to the provisions of Section 29-25-101 et
seq. C.R.S. and the Intergovernmental Agreement dated August 26, 2008 and all amendments
thereto between the Town and the Board of County Commissioners, Larimer County; and
WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the
State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMD and the
Town to enter into mutually binding and enforceable agreements, including agreements
addressing the subject matter of this Agreement; and
WHEREAS, the Town and the LMD have determined that it is in the best interest of
both entities to accomplish the efficient provision of marketing and promotional services as set
forth in the Operating Plan by the terms of this Intergovernmental Agreement.
NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN
THE PARTIES AS FOLLOWS:
1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct,
and those recitals are hereby incorporated into this Agreement.
2. Effective Date. The Agreement shall be effective January 1, 20132014.
3. LMD Employees Benefits Plan. To the extent permitted by law and the terms of
third party provider agreements, the Town shall allow LMD employees to be covered for
all current Town benefits (medical, dental, vision, EAP, health club, flex plans, etc.).
The LMD shall have the option to select the individual Town benefit plans in which its
employees shall be covered. This selection shall be on an annual basis with the LMD
providing the Town its selection of benefit plans concurrent with the Town’s open
enrollment period of each year to be effective January 1 of the next year. The selection
of individual benefit plans shall be subject to the written approval of the Town, which
approval shall not be unreasonably withheld.
2
The parties agree that no retirement benefit plans for LMD employees are provided by
the Town to the LMD in this Agreement.
LMD employees shall only mean employees of the LMD and not members of the
LMD’s governing board.
The LMD shall pay to the Town an administrative fee equal to three percent
(3%) of the monthly cost of medical insurance premiums for the LMD employees.
In administering the benefit plans for the LMD, the Town shall pay the appropriate
sums for covered LMD employees to its third party providers at the beginning of each
calendar month. The Town will invoice the LMD for those payments. The LMD agrees
to reimburse the Town for those payments, plus the 3% administrative fee, within thirty
(30) days of receipt of the reimbursement invoice from the Town. It is specifically
understood by the LMD, that in the event that the reimbursement payment and the
administrative fee is not made to the Town within said thirty (30) day period, the Town
shall have the right to provide the LMD with a twenty (20) day notice of its intent to
terminate LMD employees from participation in the applicable benefit plans. If the
LMD does not pay the reimbursement amount and fee within the twenty (20) day notice
period, the Town shall have the right to immediately terminate participation of the LMD
employees from all benefit plans administered by the Town for the LMD pursuant to the
terms of this Agreement.
The LMD understands and agrees that the Town shall not be responsible for any human
resource/personnel matters as part of its benefit administration. Neither the LMD nor
its employees shall seek advice or counsel from the Town with regard to any human
resource/personnel issues concerning LMD employees. The LMD specifically waives
any claim against the Town and any individual employee, consultant, agent, or volunteer
of the Town for any act or omission in the performance or non-performance of its
benefit administration for LMD employees. In the event that any third party, including
any employee, agent or volunteer of the LMD, makes any claim, demand, lawsuit, or
takes any other action against the Town for an act or omission in performing its benefit
administration, the LMD agrees to indemnify and hold harmless the Town, its officers,
agents, volunteers and employees from and against any and all liability for any and all
claims, liens, suits, demands, actions for damages, including court costs and reasonable
attorney’s fees, arising out of or resulting from acts or omissions of the Town in the
benefit administration for LMD employees.
3.4. Destination Leadership. To facilitate effective and efficient marketing operations and
destination development, which are mutually beneficial to both parties, periodic meetings
of two LMD Board members, two Town Board members, the LMD’s President & CEO
or designee and the Town Administrator or designee shall take place . The purpose of
the meetings is to open up communication channels between the LMD and the Town
for the mutual goal of advancing the destination for tourism and the economic vitality of
the community.
3
4.5. Service Level Agreement. The parties agree to meet and negotiate in good faith during
the first calendar quarter of 2013 for the purposes of reaching an agreement regarding
the minimum level of service to visitors at the Visitors Center, including without
limitation such topics as staffing, hours of operation, Call Center operations, training on
delivering the new Estes Park brand promise, and other topics of mutual concern to the
parties.
5.6. Advertising Products. As Estes Park’s official destination marketing organization the
LMD has been responsible for launching and managing advertising programs for local
stakeholder businesses such as VisitEstesPark.com web listings, leads, brochure rack
display in the Visitor Center, etc. This includes research, new product development,
promotion, sales, servicing, fulfillment, invoicing, and collections. Should advertising sale
opportunities become present through the shuttle system, which is a service provided by
the Town of Estes Park, the Town if it so chooses, may sell advertising to local
stakeholder businesses. The Town will advise the LMD of the intent, and agrees that all
advertisers must be located within the Marketing District boundaries. Any deviation to
this must be approved by the LMD Board of Directors.
6.7. Photography. The LMD shall have authority to use all photographs collected, archived
and created by the Town of Estes Park prior to January 1, 2010 for uses related to
marketing and promotion and the LMD shall retain possession of said photographs for
those purposes. However, the Town of Estes Park shall have the ability to use and retain
possession of said photographs at their discretion. The LMD understands and agrees
that the use of any of the photographs may be subject to a copyright, trademark or other
restriction by the original owner/photographer of such photographs.
7.8. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that
the Town’s audit requires the inclusion of the LMD as part of the audit, the LMD shall
pay for the cost of the LMD’s portion of the Town’s audit expense.
8.9. Effective Date and Termination.
a. This Intergovernmental Agreement shall take effect on January 1, 20143, and shall
remain in full force and effect unless terminated earlier by mutual agreement of the
parties or as provided in subsection c. below. The parties agree that they shall review
the terms and conditions of this Agreement annually in anticipation of the
preparation of the annual Operating Plan by the LMD.
b. If, through any cause, either party fails to fulfill its obligations under this Agreement
in a timely and proper manner, violates any provision of this Agreement, or violates
any applicable law, the non-breaching party shall give the breaching party written
notice of said breach. The breaching party shall have thirty (30) days to correct the
breach. If the breaching party fails to correct the breach within said thirty (30) day
period, the non-breaching party shall have the right to terminate this Agreement for
cause.
4
c. Either party may terminate this Agreement upon ninety (90) days written notice prior
to the end of any calendar year. Said termination shall be effective as of the last day
of the applicable calendar year. If the Town terminates this Agreement, the Town
shall, to the extent permitted by law and the terms of its agreement(s) with third party
providers, allow the LMD to purchase Town benefits for the Employees through
2013for an additional 180 days following the date of termination, as stated in Section
3.
9.10. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year
obligation pursuant to the Colorado Constitution, Article X, Section 20.
Notwithstanding any other provision of this Agreement, either Party’s obligations
under this Agreement are subject to annual appropriation by the Party. Any failure of
a Party to annually to appropriate adequate monies to finance the Party’s obligations
under this Agreement shall terminate this Agreement at such time as such then-
existing appropriations are depleted. Written notice shall be given by the non-
appropriating Party promptly to the other Party of the failure to appropriate adequate
monies.
10.11. Notices. All notices or other communication hereunder shall be deemed given
when personally delivered or after the lapse of five (5) business days following mailing by
certified mail, postage prepaid, address as follows:
ESTES PARK LOCAL MARKETING DISTRICT
Attn: Chairperson
Post Office Box 4426
Estes Park, CO 80517
TOWN OF ESTES PARK
Attn: Town Administrator
Post Office Box 1200
Estes Park, CO 80517
11. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement
as separate and independent entities and shall maintain such status throughout the term
of this Intergovernmental Agreement.
12. Governmental Immunity. Nothing contained herein shall be construed as a waiver or
modification of the rights afforded to the LMD and/or the Town under the Colorado
Governmental Immunity Act and subsequent amendments thereto.
13. Governing Law in Effect. This Intergovernmental Agreement shall be governed by
and construed under the laws of the State of Colorado.
5
14. Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer
County, Colorado.
15. Entire Agreement of the Parties. The recitals contained herein represent the entire
agreement of the Parties, and shall be binding upon the parties hereto and their
successors.
16. Amendment. No amendment or other modification of this Intergovernmental
Agreement shall be valid unless pursuant to a written instrument signed by both parties.
17. Assignment. The benefits and burdens under this Intergovernmental Agreement may
not be assigned by either party without the written consent of the other.
IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental
Agreement to be executed.
ESTES PARK LOCAL MARKETING
DISTRICT
By: _______________________________
Chairperson
ATTEST:
__________________________
TOWN OF ESTES PARK
By: _______________________________
Mayor
ATTEST:
____________________________
Town Clerk
1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE ESTES PARK LOCAL
MARKETING DISTRICT AND THE TOWN OF ESTES PARK
THIS INTERGOVERNMENTAL AGREEMENT by and between the Estes Park
Local Marketing District (also known as Visit Estes Park), a Colorado Local Marketing District,
hereinafter referred to as the “LMD” and the TOWN OF ESTES PARK, COLORADO, a
Colorado statutory town, hereinafter referred to as “The Town”, is effective the 1st day of
January, 2014.
WITNESSETH:
WHEREAS, the LMD is a local marketing district organized to provide the services set
forth in Section 29-25-111 (1)(e)(I)(A), (B) and (C), C.R.S.; and
WHEREAS, the LMD was created pursuant to the provisions of Section 29-25-101 et
seq. C.R.S. and the Intergovernmental Agreement dated August 26, 2008 and all amendments
thereto between the Town and the Board of County Commissioners, Larimer County; and
WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the
State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMD and the
Town to enter into mutually binding and enforceable agreements, including agreements
addressing the subject matter of this Agreement; and
WHEREAS, the Town and the LMD have determined that it is in the best interest of
both entities to accomplish the efficient provision of marketing and promotional services as set
forth in the Operating Plan by the terms of this Intergovernmental Agreement.
NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN
THE PARTIES AS FOLLOWS:
1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct,
and those recitals are hereby incorporated into this Agreement.
2. Effective Date. The Agreement shall be effective January 1, 2014.
3. LMD Employees Benefits Plan. To the extent permitted by law and the terms of
third party provider agreements, the Town shall allow LMD employees to be covered for
all current Town benefits (medical, dental, vision, EAP, health club, flex plans, etc.).
The LMD shall have the option to select the individual Town benefit plans in which its
employees shall be covered. This selection shall be on an annual basis with the LMD
providing the Town its selection of benefit plans concurrent with the Town’s open
enrollment period of each year to be effective January 1 of the next year. The selection
of individual benefit plans shall be subject to the written approval of the Town, which
approval shall not be unreasonably withheld.
2
The parties agree that no retirement benefit plans for LMD employees are provided by
the Town to the LMD in this Agreement.
LMD employees shall only mean employees of the LMD and not members of the
LMD’s governing board.
The LMD shall pay to the Town an administrative fee equal to three percent
(3%) of the monthly cost of medical insurance premiums for the LMD employees.
In administering the benefit plans for the LMD, the Town shall pay the appropriate
sums for covered LMD employees to its third party providers at the beginning of each
calendar month. The Town will invoice the LMD for those payments. The LMD agrees
to reimburse the Town for those payments, plus the 3% administrative fee, within thirty
(30) days of receipt of the reimbursement invoice from the Town. It is specifically
understood by the LMD, that in the event that the reimbursement payment and the
administrative fee is not made to the Town within said thirty (30) day period, the Town
shall have the right to provide the LMD with a twenty (20) day notice of its intent to
terminate LMD employees from participation in the applicable benefit plans. If the
LMD does not pay the reimbursement amount and fee within the twenty (20) day notice
period, the Town shall have the right to immediately terminate participation of the LMD
employees from all benefit plans administered by the Town for the LMD pursuant to the
terms of this Agreement.
The LMD understands and agrees that the Town shall not be responsible for any human
resource/personnel matters as part of its benefit administration. Neither the LMD nor
its employees shall seek advice or counsel from the Town with regard to any human
resource/personnel issues concerning LMD employees. The LMD specifically waives
any claim against the Town and any individual employee, consultant, agent, or volunteer
of the Town for any act or omission in the performance or non-performance of its
benefit administration for LMD employees. In the event that any third party, including
any employee, agent or volunteer of the LMD, makes any claim, demand, lawsuit, or
takes any other action against the Town for an act or omission in performing its benefit
administration, the LMD agrees to indemnify and hold harmless the Town, its officers,
agents, volunteers and employees from and against any and all liability for any and all
claims, liens, suits, demands, actions for damages, including court costs and reasonable
attorney’s fees, arising out of or resulting from acts or omissions of the Town in the
benefit administration for LMD employees.
4. Destination Leadership. To facilitate effective and efficient marketing operations and
destination development, which are mutually beneficial to both parties, periodic meetings
of two LMD Board members, two Town Board members, the LMD’s President & CEO
or designee and the Town Administrator or designee shall take place . The purpose of
the meetings is to open up communication channels between the LMD and the Town
for the mutual goal of advancing the destination for tourism and the economic vitality of
the community.
3
5. Service Level Agreement. The parties agree to meet and negotiate in good faith for the
purposes of reaching an agreement regarding the minimum level of service to visitors at
the Visitors Center, including without limitation such topics as staffing, hours of
operation, Call Center operations, training on delivering the new Estes Park brand
promise, and other topics of mutual concern to the parties.
6. Advertising Products. As Estes Park’s official destination marketing organization the
LMD has been responsible for launching and managing advertising programs for local
stakeholder businesses such as VisitEstesPark.com web listings, leads, brochure rack
display in the Visitor Center, etc. This includes research, new product development,
promotion, sales, servicing, fulfillment, invoicing, and collections. Should advertising sale
opportunities become present through the shuttle system, which is a service provided by
the Town of Estes Park, the Town if it so chooses, may sell advertising to local
businesses. The Town will advise the LMD of the intent, and agrees that all advertisers
must be located within the Marketing District boundaries. Any deviation to this must be
approved by the LMD Board of Directors.
7. Photography. The LMD shall have authority to use all photographs collected, archived
and created by the Town of Estes Park prior to January 1, 2010 for uses related to
marketing and promotion and the LMD shall retain possession of said photographs for
those purposes. However, the Town of Estes Park shall have the ability to use and retain
possession of said photographs at their discretion. The LMD understands and agrees
that the use of any of the photographs may be subject to a copyright, trademark or other
restriction by the original owner/photographer of such photographs.
8. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that
the Town’s audit requires the inclusion of the LMD as part of the audit, the LMD shall
pay for the cost of the LMD’s portion of the Town’s audit expense.
9. Effective Date and Termination.
a. This Intergovernmental Agreement shall take effect on January 1, 2014, and shall
remain in full force and effect unless terminated earlier by mutual agreement of the
parties or as provided in subsection c. below. The parties agree that they shall review
the terms and conditions of this Agreement annually in anticipation of the
preparation of the annual Operating Plan by the LMD.
b. If, through any cause, either party fails to fulfill its obligations under this Agreement
in a timely and proper manner, violates any provision of this Agreement, or violates
any applicable law, the non-breaching party shall give the breaching party written
notice of said breach. The breaching party shall have thirty (30) days to correct the
breach. If the breaching party fails to correct the breach within said thirty (30) day
period, the non-breaching party shall have the right to terminate this Agreement for
cause.
4
c. Either party may terminate this Agreement upon ninety (90) days written notice prior
to the end of any calendar year. Said termination shall be effective as of the last day
of the applicable calendar year. If the Town terminates this Agreement, the Town
shall, to the extent permitted by law and the terms of its agreement(s) with third party
providers, allow the LMD to purchase Town benefits for the Employees for an
additional 180 days following the date of termination, as stated in Section 3.
10. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year
obligation pursuant to the Colorado Constitution, Article X, Section 20.
Notwithstanding any other provision of this Agreement, either Party’s obligations
under this Agreement are subject to annual appropriation by the Party. Any failure of
a Party to annually to appropriate adequate monies to finance the Party’s obligations
under this Agreement shall terminate this Agreement at such time as such then-
existing appropriations are depleted. Written notice shall be given by the non-
appropriating Party promptly to the other Party of the failure to appropriate adequate
monies.
11. Notices. All notices or other communication hereunder shall be deemed given when
personally delivered or after the lapse of five (5) business days following mailing by
certified mail, postage prepaid, address as follows:
ESTES PARK LOCAL MARKETING DISTRICT
Attn: Chairperson
Post Office Box 4426
Estes Park, CO 80517
TOWN OF ESTES PARK
Attn: Town Administrator
Post Office Box 1200
Estes Park, CO 80517
11. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement
as separate and independent entities and shall maintain such status throughout the term
of this Intergovernmental Agreement.
12. Governmental Immunity. Nothing contained herein shall be construed as a waiver or
modification of the rights afforded to the LMD and/or the Town under the Colorado
Governmental Immunity Act and subsequent amendments thereto.
13. Governing Law in Effect. This Intergovernmental Agreement shall be governed by
and construed under the laws of the State of Colorado.
14. Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer
County, Colorado.
5
15. Entire Agreement of the Parties. The recitals contained herein represent the entire
agreement of the Parties, and shall be binding upon the parties hereto and their
successors.
16. Amendment. No amendment or other modification of this Intergovernmental
Agreement shall be valid unless pursuant to a written instrument signed by both parties.
17. Assignment. The benefits and burdens under this Intergovernmental Agreement may
not be assigned by either party without the written consent of the other.
IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental
Agreement to be executed.
ESTES PARK LOCAL MARKETING
DISTRICT
By: _______________________________
Chairperson
ATTEST:
__________________________
TOWN OF ESTES PARK
By: _______________________________
Mayor
ATTEST:
____________________________
Town Clerk
RESOLUTION 39-13
OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
TERMINATING THE TOWN ADMINISTRATOR’S AUTHORITY TO
ENTER INTO CERTAIN INTERGOVERNMENTAL
AND/OR MUTUAL AID AGREEMENTS FOR RECOVERY
FROM THE FLOOD
WHEREAS, on September 12, 2013, in order to undertake emergency measures
to protect the life, health, safety and property of the citizens of the Town and persons
conducting business therein, and in order to attempt to minimize the loss of human life
and the preservation of property, the Town Administrator proclaimed a “local
emergency” in accordance with applicable Colorado Statutes, and
WHEREAS, on October 8, 2013, the Town Board approved Resolution 29-13
terminating the local emergency effective October 9, 2013; and
WHEREAS, Resolution 29-13 provided the Town Administrator with certain
emergency powers, including the execution of certain documents including, but not
limited to, intergovernmental and/or mutual aid agreements in order to provide
necessary equipment, personnel, services and resources to continue to provide
necessary emergency measures to protect the life, health, safety and property of the
citizens of the Town and Town facilities; and
WHEREAS, the Board of Trustees has determined that it is no longer necessary
for the Town Administrator to have the authority to execute intergovernmental and/or
mutual aid agreements, and any other documents relating to recovery from the Flood of
2013 as authorized in Resolution 29-13.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK as follows:
Section 1. The authority of the Town Administrator to execute
intergovernmental and/or mutual aid agreements, and any other documents for the
purpose of the acquisition and provision of resources necessary to continue to preserve
life and property within the Town of Estes Park, the service areas of the Town’s Water
and Light and Power systems, and provide for services and resources, including
materials, for access and repair of Town roads and any other resources necessary to
protect Town facilities as authorized in Resolution 29-13 is terminated.
Passed and adopted at the regular meeting of the Board of Trustees of the Town
of Estes Park this ___day of December, 2013.
_________________________________
Mayor
ATTEST:
_____________________________
Town Clerk
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Dave Shirk, Senior Planner
Phil Kleisler, Planner I
Date: December 10, 2013
RE: Preliminary Subdivision Plat, Mountain River Townhomes, 650 Moraine
Avenue, Dallman Construction/Applicant
Objective:
Review of a preliminary townhouse plat to allow the development of 26 freestanding
residential/accommodations units.
Present Situation:
Property is the former Telemark
property, located at 650 Moraine
Avenue within the Town of Estes
Park. Most cabins were built in the
early 1930’s and are currently
unoccupied. Utilities to the cabins
have been abandoned.
The property is zoned A
Accommodations, which allows both
residential and accommodations
uses.
Proposal:
The proposal includes a development plan that describes the layout and use of the
property, and a preliminary subdivision plat that describes lots for commonly owned
areas such as roads and stormwater ponds, and lots for individually owned townhouses.
The site would be developed with 26 freestanding units. The site layout would provide
for the extension of Park River Place. The road would connect to the existing Park
River Place on the east side of the property, and would extend through the site, aligning
with Cedar Ridge Circle on Moraine Avenue.
The Planning Commission was the decision-making body for the development plan.
The Planning Commission was the recommending-body for the plat, with final decision
made by the Town Board.
On Tuesday November 19, 2013, the Estes Valley Planning Commission held a public
meeting to discuss the Mountain River Development Plan and Preliminary Subdivision
Plat. At that time, the Planning Commission found:
1. The development plan, if revised per recommended conditions, will comply with
applicable standards set forth in the EVDC, as outlined in the staff report and
Findings of Compliance dated November 13 2013. This finding excludes requested
modifications and waivers (sidewalk width, landscaping)
2. The development plan is consistent with the policies, goals and objectives of the
Comprehensive Plan.
3. The Planning Commission is the Decision-Making Body for the development plan,
and the Recommending-Body for the subdivision; the recommendation is to the
Town Board of the Town of Estes Park.
4. In accordance with Section 3.2.D, a revised application shall be a condition
precedent to placing the application on the Board agenda. This means a revised
application demonstrating compliance with conditions must be submitted before the
application can move forward to the Town Board, but no later than 30 days after
Planning Commission meeting date.
Advantages:
• Compliance with the Estes Valley Development Code and Comprehensive Plan.
• Infill development of 26 freestanding units.
• Expanded tax base and increased permit fee revenue.
Disadvantages:
• Decreased open space and wildlife habitat.
Action Recommended:
The Planning Commission recommends APPROVAL of the proposed Mountain River
Development Plan and Preliminary Subdivision Plat CONDITIONAL TO:
1. Weed mitigation shall be initiated prior to site disturbance to the extent necessary to
prevent weed migration to nearby properties. Mitigation plan shall be finalized with
construction plans.
2. Variance approval for fire turn-around lane.
3. Landscaping on east side shall be designed to maximize elk migration and shall be
coordinated with the existing fence system.
4. HOA declarations shall be modified to address wildlife considerations, as outlined in
the staff report.
5. The subdivision shall be modified to include Base Flood Elevation information.
6. Compliance with the following affected agency comments:
a. Water Division dated 11/14/2013
b. Fire District dated November 14, 2013
c. Community Development dated November 13, 2014
d. Upper Thompson Sanitation District dated November 14, 2013
e. Public Works presented at Planning Commission meeting on November 17 2013.
Note on status of conditions:
• Conditions one, three, and five have been completed.
o Condition four will be met prior to plat recordation.
o Variance application for fire turn-around scheduled for January 7.
o Condition six applies to construction documents.
Budget:
N/A
Level of Public Interest:
Moderate.
Community Development received comments from adjoining property owners and the
Planning Commission received public comment during the November hearing.
Primary concerns relate to traffic impact on Moraine Avenue, additional traffic through
the Park River West development, and wildlife habitat.
Sample Motion:
I move to Approve (Deny) the Preliminary Subdivision Plat application with
the conditions recommended by the Estes Valley Planning Commission.
1I1TOWNOFESTESPATUçInter-OfficeMemorandumTo:CommunityDevelopmentFrom:JeffBoles,CliffTedderandSteveRuschDate:1111412013Re:PlanReview:MountainRiverTheWaterDivisionhasthefollowingPlanReviewcommentsfortheaboveapplication:Theprojectisnotyetapprovedforconstruction;thefollowinginformationisrequiredandmustbeapprovedbytheWaterDivisionpriortoconstructioninstallationandissuanceofanybuildingpermits.1)ThepropertyisnotincludedintheNorthernColoradoWaterConservancyDistrict(NCWCD)ortheMunicipalSubdistrictoftheNorthernWaterConservancyDistrict.Thepropertymustbeincludedinbothpriortoanycustomerbeingservedwater,Itis,howevernotedthatthisprocessiscurrentlyunderway.2)ConstructionDrawingsarerequiredandmustbesubmittedforreview,approvalandsignaturesbytheUtilitiesDirectororhisdesignatedrepresentative.NoinstallationofanyprojectinfrastructureisalloweduntiltheConstructionDrawingshavebeensigned.AllwatermainlinesandeasementsmustbedeededtotheTownofEstesPark.AlongwiththesubmissionoftheconstructiondrawingsprovidethecontactinformationofthefirmorpersonactingasUtilityConstructionInspectorfortheproject.3)Constructiondrawingsmustinclude:•Planandprofiletoshowpotentialconflictsbetweenwaterandotherutilitiesincludingculverts,aswellastodetermineadditionalrequirementssuchastheneedforairrelief,etc.4)Untilprofilesareshown,itisassumedandthereforerequiredthatairreliefmustbeinstalledandshownonthedrawingsatthehighpointsofbothofthenewtapsonthenorthernportionoftheproperty.
.1jTOWNOFESTESPARIçInter-OfficeMemorandum5)Backflowpreventiondeviceswillberequiredatallirrigationlocations,contacttheCross-ConnectionControlSpecialistat970-577-3625todiscussandreviewtherequirementsrelatingtopotentialhazardsontheproperty.6)Theexisting2”waterservicemustbeabandonedatthetapandverifiedbyarepresentativeoftheWaterDepartment.Contact970-577-3622whenreadytoverifydisconnect.
Date;November14,2013ProjectIdentification:MountainRiverTownhomesa.k.a.TelemarkLocation:650MoraineAve.Referral:MountainRiverTownhomesDevelopmentPlan(DP2013-03FinalReview)TheEstesValleyFireProtectionDistricthasreviewedthesubmittedmaterialdescribingtheproposedprojectreferencedabove,andaroveswiththefollowingconditions:TheFireDistrictwillfieldverify“NoParkingFireLane”signageperthefollowing:1.FireapparatusaccessroadsshallbepermanentlysignedandIormarked“NOPARKINGFIRELANE”inaccordancewithmunicipalsign/trafficstandards.A.Accessroadslessthan26feetwideshallbemarkedasfirelanesonbothsidesoftheroad.B.Accessroadsatleast26feetwidebutlessthan32feetwideshallhaveatleastonesideoftheroadmarkedasafirelane.C.Accessroadsatleast32feetwideneednothavefirelanemarkings.AllconstructionandprocessesshallbeinaccordancewiththeprovisionsoftheInternationalFireCode(2009Edition)andtheInternationalBuildingCode(2009Edition).Nothinginthisreviewisintendedtoauthorizeorapproveanyaspectofthisprojectthatdoesnotstrictlycomplywithallapplicablecodesandstandards.AnychangemadetotheplanswillrequireadditionalreviewandcommentsbytheEstesValleyFireProtectionDistrict.Ifyouhaveanyquestionspleasefeelfreetocontactme.Sincerely,MarcW.RobinsonFireMarshal970-577-3689mrobinsonestesvalIere.orqPLANREVIEWCOMMENTS901N.SaintVramAvenue•EstesPark,CO80517•P-970-577-0900•F-970-577-0923
MemoTo:From:DaveShirk,SeniorPlannerDate:November13,2013RE:ITOWNOFESTESPARTçCommunityDevelopmentJeffMoreau(DailmanConstruction),ApplicantVanHornEngineering(JoeC)CodeAnalysis:MountainRiverTownhomesPreliminaryPlatandDevelopmentPlanCommunityDevelopmentStafffindstheOctober31,2013submittaldoesnotcomplywiththeEstesValleyDevelopmentCode.Staffrecommendsapprovalofthedevelopmentplanandpreliminaryplat,withconditionstoaddresstheremainingpointofnon-compliance.DevelopmentCodeAnalysis:ThiswrittenanalysisincludesonlythoseEVDCprovisionsthatapplytothisdevelopmentproposal,andreflectsonlyCommunityDevelopmentcomments.ThisanalysisisbasedontheOctober312013submittal:I.Complieswith:1)§1.9.CDensityCalculations.2)§4.4.BPermittedUses:HouseholdLiving;High-IntensityAccommodations3)§4.4.0DensityandDimensionalStandards:setbacksandlotcoverage4)§4.4.CDensityandDimensionalStandards:Buildingheight.5)§4.4.D.3VehicularAccessandCirculationRequirements.>NumberofcurbcutsminimizedOff-streetparkingnotlocatedwithinrequiredfrontsetbackareaMinormodificationapprovedfor:Arterialaccesspointsatleast250-feetapart,andnon-arterialaccesspointsatleast150-feetfromintersection.6)§4.4.D.4PedestrianAmenitiesandLinkageRequirementProvisionshallbemadeinthedesignofdevelopmentsforinterconnectionswithexistingorplannedstreetsandpedestrian,bikewayortrailsystemsonadjoiningproperties.>Provisionshallbemadeinthedesignofalldevelopmentsfornonvehicularcirculationsystems,includingbutnotlimitedtosidewalks,pathwaysandbikeways.Ifalotabutsanarterialstreet,sidewalksshallbeprovidedtoprovidepublicaccessandconnectiontoadjacentproperties.Theminimumwidthofthesidewalkshallbe8feet,Thelocationofthesidewalkonapropertywillbedeterminedonacase-by-casebasistoaccountfor,amongotherthings,uniquenaturalfeaturesandexistingsidewalklocationonadjoiningproperties;accordingly,insomeinstances,thesidewalkmaybelocatedoutsideofanexistingright-of-way.7)§7.2.BGradingStandards.§7.2.B.8Detention/StormwaterFacilities.8)§7.2.DLimitsofDisturbance.9)§7.5.D.2.bExistingPlantMaterials.10)§7.4PublicTrailsandPrivateOpenAreas.11)§7.4.F2Trails.Dedicationoflandshallbeaminimumof25feet.Page1
12)§7.5.D.2.aUseofNativeofAdaptivePlantMaterials.Notenoughinformationprovided.Includegrassseedmix.13)§7.5.D.2.cSpeciesMix.Requiresgreaterspeciesvariationwithgreateramountoftrees.14)7.5.lTechnicalLandscapeRequirements,regardingprotectionfromdamagefromvehiclesandwildlife.15)§7.5.F.2.cServiceAreas.Requiresground-mountedmechanicalequipmentbescreened.Providelandscapingfortransformers(requiresclearanceapprovalfromLightandpower.16)§7.5.F.2.b(4)PropertyAbuttingNonarterialStreets(landscaping)17)§7.5.F.2.b(5)(b)NonarterialStreetFrontage.18)§7.5.JMaintenanceRequirements.19)§7.6.GPreservationofVegetation.20)§7.9ExteriorLighting21)7.10OperationalPerformanceStandards(trashenclosurelocations)22)§7.110ff-StreetParkingandLoading.Numberofparkingspaces(2perdwellingunit)LocationBackingProhibited.Requiresvehiclescanexitwithoutbackingintopublicstreets.AccesstoParkingAreasregardingdrivewayopening.ParkingStallDimensions.23)7.12.DSewageDisposal24)7.12.EWater25)7.12.GFireProtection26)7.12.IElectricity27)§7.13OutdoorStorageAreas,ActivitiesandMechanicalEquipment.Regardingpaintingofconduits.28)§10.4.ALots,regardinglotdimensionsandconfiguration.29)§10.5.A.3.Off-SiteUtilitiesandServices.30)§10.4.BAccess,regardingcompliancewithTransportationrequirements(noturnlanerequired)31)§10.5.A.7.ReservedStripsProhibited.Allrights-of-wayshallbeplattedtothepropertyline.32)§10.5.0.2.VehicularAccessandCirculationRequirements33)§10.5.0.1StreetDesign.34)§10.5.D.3Design/Specifications.35)§10.5.BCompliancewithZoningRequirements.36)10.5.D.1.a,regardinglinkagetoadjacenthike/biketrails.37)§10.5.E.2.ElectricandStreetLightingSystems38)10.5.E.4.UndergroundUtilities39)§10.5.E.7.WaterSystems40)§10.5.E.8.FireSafetyStandards41)10.5.FPrivateOpenAreasandTrails42)10.5.GVegetationProtection.43)AppD.ll.lCurbandGutter.44)App.D.ll.F.3Grade(streetintersections)45)App.D.ll.GVerticalAlignment46)App.D.II.JStreetDedication47)App.D.lI.MStreetPavingandSigns,requiringManualofUniformTrafficControlDevicesapprovedsigns48)App.D.lIl.AAccesstoPublicStreets49)App.D.lll.B.2BackingProhibited50)App.D.lIl.B.5LimitsonNumberofDrivewayCurbCutsb.minimizednumberofcurbcutse.directaccessontoarterialstreetsminimizedPage2
f.complieswithTable4-7VehicularAccessandCirculationRequirements51)AppD.ll.B.1.a;regardingright-of-waywidth.52)AppD.ll.B.1.a;regardingstreetwidth.53)AppD.ll.F.2SightDistance.54)AppD.IV.1Intersections.55)AppD.IV.2.brequiringdrivewaysserving20+spacestohave100feetofsightvisibility.56)AppD.V.2.aTrails.25-footeasementrequired.57)AppD.llI..B.6.crequiresmaintenanceagreementforshareddriveways.Noneprovided.58)AppD.II..F.1Radius(StreetIntersection).Local/Arterial=30footSub-Iocal/local=20footWaiverrequestedinordertocomplywithfireaccess59)AppD.Ill.B.1SafeAccessRequired.60)App.D.Ill.B.6SharedDrivewaysShareddrivewaysarestronglyencouraged>Drivewaymayprovideaccessfornotmorethan120vehicletripsperday61)AppD.lll.B.7DrivewayOpeningRequirements.62)AppDill.B.9.brequiresdrivewaysserving20+parkingspacestobedesignedtomeetstandardsofapublicstreet(modificationapprovedfornocurb/gutterandwidthofprivatedriveways)63)AppD.lll.B.9.c,requiring20-footlongdrivewayaprons.II.Doesnotcomplywith:1)§7.5.F.2.b(6)NoDevelopment/nStreetFrontageBufferArea.RequireseitherplanrevisionorvariancefromBoardofAdjustment.2)DVIIFloodProtection.Revisepreliminaryplattoaccuratelydepictfloodplain.Constructionplansmustaddressthefollowing:1)§4.4.D.4PedestrianAmenitiesandLinkageRequirement.ThewesterntrailconnectionshallbeextendednorthtoParkRiverLane.2)§7.2.BGradingStandards.3)7.2.CRestorationofDisturbedAreas4)7.2.D.3LimitsofDisturbance—DevelopmentStandardsandGuidelinesregardingareasofstockpilingmaterialsduringconstructionactivity.5)7.9Exteriorlighting6)§7.12.FDrainage/WaterQualityManagement.Describevegetationforthestormwaterdetentionfacilities.EnsurecompliancewithDenverareaBMP.7)§7.13OutdoorStorageAreas,ActivitiesandMechanicalEquipment.Trashenclosurematerials,colorsanddesignofscreeningwallsorfencesshallconformtothoseusedaspredominantmaterialsandcolorsofthebuildings.Ifsuchareasaretobecovered,thenthecoveringshallconformtothoseusedaspredominantmaterialsandcolorsonthebuilding.8)§10.5.E.1;phasingplanneedstoaccountforservicelineinstallationpriortopavingstreet,includingwaterandsewerservicelines.9)§10.5.E.3SanitarySewerSystems.SeeUTSDcomments.Provideaccess.10)10.5.G.2RestorationofDisturbedRoadsideAreas.11)AppD.Il.B.2.c.,regardingbikelaneonarterialstreet.12)AppD.lll.B.5.c,requiresaccesspermitfromCDOT.13)AppendixDIII.B.10DrivewayConstructionStandards.Page3
14)AppendixD.VSidewalks,PedestrianConnectionsandTrails15)AppendixD.VlErosionControl16)AppendixD.VilFloodProtection17)AppendixD.VlllTreeandVegetationProtectionDuringConstructionandGradingActivities18)AppendixDIXOtherRequirements,regardingconstructionplanapproval,qualitycontrol,etc.19)Signs:“NoParkingFireLane”signs,addresssigns(perpendiculartoroad,reflectivematerials),streetsignsandpavementmarkings(includingcross-walks),“PrivateDrive—NoOutlet”signs,and“WildlifeCrossing”signsforMoraineAvenue.20)Roadsidedelineators.21)Postalclusterboxdesign.22)Minimizationofconstructionimpactsasoutlinedinthewildlifereport.23)Weedmanagementplan.Page4
0P.O.Box568•EstesPaiiCo80517Ph:970-586.4544•Fax:970-586-1049www.uNovember14,2013DaveShirk,PlannerIITownofEstesParkP.O.Box1200EstesPark,CO80517Re:MountainRiverTownhomes10-31-13RevisionDearDave:TheUpperThompsonSanilationDisfrictsubmitsthefollowingcommentsfortheabovereferencedproperty:GeneralComments:1.Thesubjectpropertyiswithin400ft.oftheDistrict’ssewersystem,requiringanextensionofthecollectionmain.Theapplicantshallprovidedrawingsshowingthelocationoftheproposedsewermainextension.ThesewersystemextensionshallbedesignedandconstructedinaccordancewithUpperThompsonSanitationDistrictRulesandRegulations,2.PlanstoconstructthesewersystemextensionwillrequireDistrictreviewandapprovalinaccordancewithSection6ofRulesandRegulations.Therequirementsforplanning.easements.preliminarydesign,finaldesign,construction.as-builts.andmaintenancetbrthesanitarysewerextensionareprovidedinSection6oftheRulesandRegulations.AdditionalwastewatercollectionsystemspecificationsforusewiththesanitarysewersystemextensionareprovidedinAppendixCoftheRulesandRegulations.3.PrivatelateralsewersshallbeconstructedinaccordancewithAppendixBLateralSewerSpecificationsof’theDistrict’sRulesandRegulations.Pleaseincludeinfbrniationregardingtheprivatelateralsewerwiththesewersystemextensionsubmittal,EinironmengalProtectionThroughWastewaterCollectionandTreatmeta
4.Districtpersonnelwilldetermineplantinvestmentfeesdue.Plantinvestmentandpermitfeesareduebeforeconnectionismadetothecollectionsystem.5.Constructionplansthatarenotsignedbytheengineerwillnotbeconsideredasofficialconstructionplans.6.AWarrantyAgreementandanApplicationforAcceptanceofthecollectionmainmustbesignedbeforetheDistrictwillallowaconnectiontothesystem.7.TheDistrictwillrequireadedicated20footeasementexclusivetothemainlineportionpriortoconnectionandacceptanceofthemainline.8.TheDistrictwillnotallowtheplacementofanylandscaping(especiallytrees)andtheimpoundingofwaterontheeasement.FencingoranyotherstructuresoneasementmusthedesignedinawaytoallowtheaccessofDistrictvehiclestomaintainthecollectionline.SpecificComments:1.UpperThompsonSanitationDistricthasnoobjectiontotherelocationofthemiddlelegofthesewermain.Ifyouhaveanyquestionsorneedfurtherassistance,pleasedonothesitatetocontactus.Respectfully.ToddKrulaLinesSuperintendentUpperThompsonSanitationDistrictEnvironmentalProtectionThrough‘atewaterCollectionandTreiuinens
MemoTo:.TOWN01ESTESPARKPUBLICWORKSDaveShirkFrom:august19,2013Date:RE:Transportation:KevinAsh,PE,PublicWorksCivilEngineerScottZurn,PE,DirectorofPublicWorksMountainRiverTownhomesDevelopmentPlan/PlatDave—PublicWorksrecommendsapprovalofthesubmittedMountainRiverTownhomesDevelopmentPIanIPIat.Weofferthefollowingconditions:1.ApplicanthascreatedtwoprivateroadwaysthatdonotmeetcurrentTownstandards.ParkRiverPlacewillbetheonlyroadwaythattheTownwillownandmaintain.2.PublicsidewalksshouldmeetADArequirements.PublicWorkswillcontinuetoworkwiththeapplicantthroughconstructionplanstofinalizeasidewalkdesignthatmeetstheintentoftherequirement.3.ApplicantisrequiredtosubmitandgetapprovalofFinalConstructionPlansbeforeconstructionofanytransportationrelatedinfrastructure.Drainage:1.SurfacedrainagefromandbetweenlotsdonotmeetTowndrainagerequirements.ApplicanthasaddedlanguagetotheDevelopmentPlanthatstates“Alltownhomelotsshallbeavailabletoconveyon-siteandoff-sitedrainagefromthissubdivisionthroughtheirlotstoParkRiverPlaceortotheBigThompsonRiver.DrainagethroughthetownhomelotsshallnotbetheresponsibilityoftheTown’.2.ApplicantisrequiredtosubmitandgetapprovalofFinalConstructionPlansbeforeconstructionofanystormdrainagerelatedinfrastructure.
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Printed: 12/4/2013Created By: Phil Kleisler
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Project Name:
Project Description:
Petitioner(s):
Preliminary Subdivision Plat, MountainRiver TownhomesDevelopment of 26 freestanding residential/accomodations units.
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Printed: 12/4/2013Created By: Phil Kleisler
Town Boundary
Parcels-Larimer
Zoning
Project Site
Project Name:
Project Description:
Petitioner(s):
Preliminary Subdivision Plat, Mountain
River Townhomes
Development of 26 freestanding
residential/accomodations units.
Dallman Construction/Applicant
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Intergovernmental Agreement for Repair of the Fish Creek Corridor
Town Attorney Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Greg White, Town Attorney
Date: December 9, 2013
RE: Intergovernmental Agreement for Repair of the Fish Creek Corridor
Objective:
Enter into an Intergovernmental Agreement (“IGA”) with Larimer County, Upper
Thompson Sanitation District (“UTSD”), and the Estes Valley Recreation and Park
District (“EVRPD”) for the reconstruction of the Fish Creek Corridor damaged in the
2013 Flood.
Present Situation:
The 2013 Flood severely damaged the Fish Creek Corridor in the Estes Valley including
extreme erosion, channel migration and complete destruction of a portion of Fish Creek
Road, related connector roads, recreation path, and utilities near and under the road.
The four parties to the IGA all sustained damage to their infrastructure in the 2013
Flood. Damaged portions of Fish Creek Road are located within the Town, within the
County, and in places, within both jurisdictions. The UTSD wastewater main is located
within the Fish Creek Road right-of-way and in private easements in the Fish Creek
corridor. The EVRPD trail also is located within the Fish Creek Road right-of-way and
separate easements. The Town’s water and light and power distribution facilities are
also located within the road right-of-way. The parties determined that it was best for all
parties to enter into an IGA designating Larimer County as the lead entity for the
permanent restoration of the Fish Creek Corridor.
Coordination of design and reconstruction by all parties having infrastructure in the Fish
Creek Corridor is necessary in order to provide an interconnected design and repair
which will provide less delay and cost. Also, the coordination of design and construction
activities will facilitate each individual party’s ability to determine its individual cost of
repair and restoration of its infrastructure and facilitate reimbursement from appropriate
Federal and State agencies for the cost of design and construction.
Proposal:
The IGA is divided into two parts as follows:
1. Design. The IGA provides for the County, in cooperation and collaboration with
the other entities, to issue a Request for Proposal for a design consultant to
produce design documents, including construction plans and specifications,
coordinate permitting and coordinate easements for all the repair and restoration
Intergovernmental Agreement for Repair of the Fish Creek Corridor 2
work required within the Fish Creek Corridor. All entities will provide input on the
Request for Proposal through its representative(s) on the Technical Advisory
Committee.
The parties have agreed that they shall be responsible for a certain percentage
of the design consultant cost. This percentage is based upon each individual
party’s estimation of its damage in the Fish Creek Corridor.
2. Construction. Following receipt of the design from the selected design
consultant, the parties agree to review the design and move forward to Phase II
and the hiring of a General Contractor. Final cost of each entity’s share of the
Fish Creek Corridor project will be determined following final design and a
determination by each party as to which components of the design are each
party’s responsibility.
Advantages:
A collaborative effort among the four entities to repair and restore the Fish Creek
Corridor and the infrastructure of each individual party in the Fish Creek Corridor.
Provides that Larimer County shall be the contracting entity for both the design work
and construction work on the project which simplifies the contracting and
management of the design and construction.
Collaboration by the four entities decreases the individual cost of design and
construction of the project and allows the project to move forward in a
comprehensive effort rather than each individual party designing and constructing its
infrastructure in the Fish Creek Corridor.
Allows each individual entity to determine and be reimbursed by appropriate Federal
and State agencies for its portion of the costs of the project. The design will provide
individual cost components of reconstruction work for each individual entity’s
infrastructure in the Fish Creek Corridor.
Disadvantages:
None
Action Recommended:
Approve the Intergovernmental Agreement for repair of the Fish Creek Corridor.
Budget:
The Town’s estimated costs will be provided at the Town Board Meeting.
Level of Public Interest
The community interest is high.
Sample Motion:
I move to approve/deny the Intergovernmental Agreement for Repair of the Fish Creek
Corridor.
DRAFT #5, 11/26/2013, gaw
INTERGOVERNMENTAL AGREEMENT
FOR REPAIR OF THE FISH CREEK CORRIDOR
This Agreement is effective on this ______ day of _______________, 2013 between the
Board of County Commissioners of Larimer County (“County”), the Town of Estes Park
(“Town”), the Upper Thompson Sanitation District (“UTSD”), and Estes Valley Recreation
and Park District (“EVRPD”) (collectively the “Parties”).
WITNESSETH:
WHEREAS, the Parties each have certain resources and infrastructure that from time
to time are impacted by natural and human-caused events that threaten public property,
health, safety and welfare, and the environment; and
WHEREAS, it is essential that communities and entities work together to share and
provide resources to one another during critical periods in emergencies when resources
become scarce, as such resources are necessary to preserve life and property; and
WHEREAS, when one community provides such assistance to the other, it supports
the ideology of the "whole community" as emphasized by the Federal Emergency
Management Agency ("FEMA"), and also builds a partnership that may provide a
reciprocal benefit in the event of future emergencies; and
WHEREAS, it is necessary and desirable that an appropriate agreement be
executed for the exchange of such mutual aid; and
WHEREAS, Sections 29-1-203 and 24-33.5-713, Colorado Revised Statutes,
authorize the Parties to enter into agreements for mutual cooperation regarding public
infrastructure re-development and the furnishing of mutual aid; and
WHEREAS, as a result of recent severe and historically unprecedented flooding in
Northern Colorado (“2013 Flood”), Colorado Governor John Hickenlooper has declared a
disaster emergency in Larimer County, Colorado; and both the Town of Estes Park and
Larimer County have declared local disasters pursuant to the applicable provision of the
Colorado Revised Statutes; and
WHEREAS, President Obama has also issued a disaster declaration for Boulder,
Adams, Larimer and Weld counties, and ordered federal disaster relief be available to the
fullest extent possible under existing law; and
WHEREAS, UTSD has declared a local emergency pursuant to such declarations
related to the 2013 Flood; and
WHEREAS, the 2013 Flood severely damaged the Fish Creek Corridor in the Estes
Valley in the area shown on Exhibit A attached hereto, including extreme erosion, channel
migration, and complete destruction of portions of Fish Creek Road and the related connector
2
roads, recreational path, and utilities running near and under the roadway (collectively, the
“Fish Creek Corridor”); and
WHEREAS, Fish Creek Road is a Rural Major Collector road, various sections of
which traverse the Town and/or County, such that the Town and County have jurisdiction
over and are responsible for various portions of the connector road; and
WHEREAS, Fish Creek Road and some of the connector roads are “Federally
Designated Highways” and subject to the reimbursement requirements of the Federal
Highway Administration (FHWA); and
WHEREAS, the Fish Creek Road Corridor connector roads traverse the Town and/or
County, such that the Town and County have mutual jurisdiction over and are responsible for
various portions of the road; and
WHEREAS, there are various utilities in and around the Fish Creek Corridor ,
including water lines and electrical lines maintained by the Town and sanitation lines
maintained by UTSD; and
WHEREAS, there are various sanitation lines maintained by UTSD that are located
in private easements along the Fish Creek Corridor; and
WHEREAS, the Fish Creek Corridor water and sanitation lines are subject to the
reimbursement requirements of the Federal Emergency Management Agency (FEMA); and
WHEREAS, UTSD has installed temporary piping and connections that will require
removal during completion of the permanent improvements along the Fish Creek Corridor;
and
WHEREAS, EVRPD has constructed and maintains a public recreation path that
travels proximate to Fish Creek and Fish Creek Road; and
WHEREAS, the Town has constructed and maintains paved public recreation paths
and bridge(s) that travel proximate to Fish Creek and Fish Creek Road; and
WHEREAS, the 2013 flood caused major changes to Fish Creek including, but not
limited to, migration of the channel, erosion of the stream bank, and widening of the stream
corridor; and
WHEREAS, a restored Fish Creek will promote, preserve and enhance the important
hydrologic, biological, ecological, aesthetic, recreational and educational functions to
residents and visitors to Estes Park; and
WHEREAS, the public infrastructure maintained by the Parties is interconnected
such that design and repair efforts by each of the Parties individually would cause more
3
delay, and would be more complex and expensive than if the Parties collaborate and make
repairs as a single project; and
WHEREAS, the restoration of public infrastructure of Fish Creek will require review
and approval pursuant to applicable environmental regulations; and
WHEREAS, in order to protect and restore the public infrastructure in and around the
Fish Creek Corridor, and in furtherance of public safety and welfare, it is necessary for the
Parties to cooperate and contract together for the design and reconstruction of the Fish Creek
Corridor, including the public utilities and public recreation path that exist in and around the
Fish Creek Road right of way, connector road rights-of-way, private easements, and assist in
the master planning and restoration of Fish Creek (the “Fish Creek Project”); and
WHEREAS, the Parties desire to cooperate and enter into this Agreement outlining
their respective duties and responsibilities for such design, reconstruction, and funding of the
Fish Creek Project.
NOW, THEREFORE, in consideration of the promises, conditions and covenants set
forth herein the Parties mutually agree as follows:
I. PURPOSE
a. The purpose of this Agreement is to outline the duties and responsibilities of
the Parties and establish a mutually agreed upon course of action for the
permanent design, repair, and funding of public infrastructure, and the Fish
Creek waterway as necessary, the Fish Creek Project. The Parties
acknowledge that temporary measures required by the 2013 Flood may have
already been undertaken by each or any of the Parties, and this Agreement is
not intended to create a process for joint design or construction of such
temporary measures already undertaken in response to the declaration of
emergency.
b. The Parties agree that the County will act as the primary manager of the Fish
Creek Project on behalf of all Parties. As such, the County shall act as primary
point of contact for any contractor(s) or consultant(s) hired by the Parties and
shall serve as the primary point of receipt of invoices and other materials
related to the Fish Creek Project. However, the Parties shall each and all make
decisions related to the Fish Creek Project, as defined in this Agreement.
II. COLLABORATION
a. The Parties acknowledge that communication and collaboration among them
will be required for the successful completion of the work undertaken pursuant
to this Agreement. To that end, the Parties will form a Technical Advisory
Committee (“TAC”) composed of at least one and not more than three
4
representatives selected and appointed by each Party. TAC shall consult with
and assist the County in managing the design, construction, and funding work
to be completed pursuant to this Agreement, and carry out other
responsibilities assigned herein.
b. TAC shall have frequent, regular project coordination meetings and anticipates
that such meetings will occur on at least a monthly basis either in person or by
telephone conference means.
c. TAC representatives shall use best efforts to mutually resolve disagreements
about scope of design, construction, funding, or other matters. If resolution
cannot be achieved, TAC shall collectively request assistance from the County
Manager, Town Administrator, UTSD Manager and EVRPD Manager
(collectively “Administrators”). The Administrators shall each have one vote
in any matter requiring resolution, and shall resolve the disagreement by
majority vote of the Administrators or determine a method to be used to
achieve final resolution if one cannot be reached by simple majority vote of the
Administrators.
d. TAC will periodically inform the public about the design and construction
work and promote the goals of such work.
e. The County agrees to include TAC on project related correspondence and
make all predesign, design, financial, cost accounting reports, and other project
related documentation available for inspection by any Party.
III. PHASE I - DESIGN WORK
a. REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ)
i. The County shall prepare a Request For Qualifications (“RFQ”) for a
consultant to prepare design documents, including construction plans
and specifications, coordinate permitting, and coordinate easements for
all of the repair and restoration work required within the Fish Creek
Corridor (“Design Consultant”). The County shall complete the initial
draft of the RFQ within ten (10) days following execution of this
Agreement by all Parties. Each Party shall provide the County with
information and details regarding the scope of work under the
jurisdiction of that Party as soon as is practicable, given the need for
the County to include all Parties’ materials in the RFQ. The Parties
agree the County shall use its existing RFQ process, which is intended
to comply with government contracting requirements.
5
ii. The County will distribute the draft RFQ to the members of TAC for
review and comment. TAC will review and provide comments to the
County about the RFQ within ten (10) days following receipt.
iii. The County will post the RFQ for a period of three weeks. Upon
closure, the County shall compile and forward all proposals to TAC for
review and consideration.
iv. TAC will collectively select the Design Consultant within twenty-one
(21) days following the closing day for submittal of RFQs. County will
formally award the job to the Design Consultant consistent with
existing County processes, and prepare a contract for the work. The
County shall forward a draft design contract to TAC for review and
approval. Upon approval by TAC, the County will present the design
contract to the Design Consultant for execution. The County will
execute the design contract on behalf of and for the benefit of all the
Parties.
v. The 50% draft, 90% draft, and final design documents will be
submitted to the Federal Emergency Management Agency (FEMA), the
Federal Highway Administration (FHWA), the Natural Resources
Conservation Service (NRCS), and/or the State of Colorado for review
of anticipated reimbursement to each Party. The County will make
adjustments to the design as requested by the Parties to address the
reimbursement requirements of the Federal and State agencies noted
above.
b. AREAS OF RESPONSIBILITY
i. The Parties acknowledge that their jurisdictions in the Fish Creek
Corridor overlap such that it may be difficult or impossible to identify
with absolute certainty each Party’s area of responsibility. This
uncertainty is even more pronounced at this time given that the scope
and design of repairs is not complete.
ii. Nonetheless, the Parties have reviewed available damage assessments
and considered their respective areas of jurisdiction, and agree to the
following estimated percentages of responsibility for the design and
repair work to be completed in the Fish Creek Corridor pursuant to this
Agreement accurately reflect their percent of responsibility:
1. County %
2. Town %
3. UTSD %
4. EVRPD %
6
iii. Following receipt of the completed Phase I design, the Parties agree to
define the scope of work completely in a document to be attached to
this Agreement as Exhibit B, which shall fix and describe the work to
be performed related to each Party’s jurisdiction, along with an
estimated cost breakdown for each Party. The Exhibit B shall serve as
the basis for formalizing a more complete estimate of the percentage of
responsibility each Party shall bear for the Fish Creek Project in Phase
II.
c. PAYMENT TERMS
i. The contract with the Design Consultant shall provide that invoices will
be submitted to the County for payment within 60 days of receipt.
Upon receipt by the County, the County will distribute the invoice to
the other Parties through their respective TAC representatives.
ii. Within 30 days of receiving an invoice, each Party shall submit
payment to the County in an amount equal to its percentage of
responsibility as established in Section III(b)(ii) above. Following
receipt of these payments from the Parties, the County will pay the
invoice in full. If any Party fails to submit its percentage of expenses,
the County shall immediately notify all Parties and convene a meeting
of the TAC to resolve the non-payment.
iii. The Parties will be seeking reimbursement from the Federal Emergency
Management Agency (FEMA), the Federal Highway Administration
(FHWA), the Natural Resources Conservation Service (NRCS), and/or
the State of Colorado as authorized pursuant to the above referenced
disaster declarations. Each Party is responsible for submitting and
processing any such claims it may have with these federal and state
entities. Any disaster relief funds collected by any Party shall be the
sole responsibility and shall be accounted for solely by the receiving
entity.
iv. The County will provide a detailed cost breakdown for work completed
by the Design Consultant and other costs for use with each Party’s
reimbursement submittal within 10 days of each request by each Party.
d. FUNDING AFFIRMATION
i. The information necessary to determine each Party’s funding
responsibility for Phase II of the Fish Creek Project will only be
available following receipt of the Phase I design. Accordingly, each
7
Party shall, within thirty (30) days of the finalization of Exhibit B,
affirm its continuing agreement to continue its participation in Phase II
of the Fish Creek Project including, but not limited to, its responsibility
for funding its portion of the Fish Creek Project as set forth on Exhibit
B. Said affirmation of the individual Party’s continuing responsibility
for Phase II shall be forwarded to the Administrators.
IV. PHASE II - REPAIR AND RECONSTRUCTION WORK
a. REQUEST FOR PROPOSAL
i. Following completion of the design work set forth in Section III above,
the County shall prepare Bid documents including construction plans
and specifications for a general contractor (“General Contractor”) for
all repair and reconstruction required of the Fish Creek Project. The
County shall complete the initial draft of the bid documents within
twenty (20) days following receipt of the final design documents. Each
Party shall provide the County with information and details regarding
the scope of work under the jurisdiction of that Party. The Parties
agree the County shall use its existing RFP process.
ii. The County will distribute the draft bid documents to the members of
TAC for review and comment. TAC will review and provide
comments to the County about the bid documents within twenty (20)
days following receipt.
iii. The County will post the request for bids for a period of three weeks.
Upon closure, the County shall compile and forward all bids to TAC
for review and consideration.
iv. TAC will collectively determine whether or not to award the contract to
the lowest qualified bidder within ten (10) days following the closing
day for submittal of bid opening. The County will formally award the
job to such contractor (“Construction Contractor”) consistent with
existing County processes, and prepare a contract for the work.
v. The construction contract will be submitted to the Federal Emergency
Management Agency (FEMA), the Federal Highway Administration
(FHWA), the Natural Resources Conservation Service (NRCS), and/or
the State of Colorado for review of anticipated reimbursement to each
Party. The County will make adjustments to the design as requested by
the Parties to address the reimbursement requirements of the Federal
agencies noted above.
8
vi. The County shall forward a draft construction contract, along with a
draft Exhibit B outlining the specific services to be provided and
providing the updated percentage of responsibility levels of each Party
for the Fish Creek Project, to TAC for review and approval. Upon
approval by TAC, the County will present the contact to the General
Contractor for execution. The County will execute the construction
contract on behalf and for the benefit of all the Parties.
b. AREAS OF RESPONSIBILITY
i. To the extent necessary, the Parties agree to adjust the cost of
responsibility established in Section III(b)(ii) to the actual costs agreed
upon by all Parties and formalized in Exhibit B.
c. PAYMENT TERMS
i. The contract with the General Contractor shall provide that invoices
submitted to the County will require payment within 60 days of receipt.
Upon receipt by the County, the County will distribute the detailed
invoice to the other Parties through their respective TAC
representatives.
ii. Within 30 days of receiving an invoice, each party shall submit
payment to the County in an amount equal to its actual cost of
responsibility as established in Section III(b)(ii) above or pursuant to an
addendum thereto. Following receipt of these payments from the
Parties, the County will pay the invoice in full. The Parties agree to the
dispute resolution procedures in Section III.c.ii. of this Agreement if
any Party fails to pay.
iii. The Parties will be seeking reimbursement from the Federal Emergency
Management Agency (FEMA), the Federal Highway Administration
(FHWA), the Natural Resources Conservation Service (NRCS), and/or
the State of Colorado as authorized pursuant to the above referenced
disaster declarations. Each Party is responsible for submitting and
processing any such claims it may have with these federal and state
entities. The Parties agree that any disaster relief funds collected by any
Party shall be the sole responsibility and shall be solely accounted for
by the receiving entity.
iv. The County will provide a detailed cost breakdown for work completed
by get General Contractor and other costs for use with each Party’s
reimbursement submittal within 10 days of each request by each Party.
9
V. LIABILITY OF PARTIES
a. Each Party, on behalf of itself, its officers, directors, members, employees,
agents, and representatives, agrees it will be responsible for any claims,
damages or liabilities caused by such Party’s wrongful or negligent acts.
b. The Parties mutually release and waive all claims against the other for
compensation for any loss, cost, damage, expense, personal injury, death,
claim, or other liability arising out of the performance of this Agreement
except as expressly stated in payment provisions set forth in Sections III(c) and
IV(c) herein.
c. Notwithstanding any other provision to the contrary, nothing herein shall
constitute a waiver, express or implied, of any of the immunities, rights,
benefits, protection, or other provisions of the Colorado Governmental
Immunity Act (“CGIA”), CRS §24-10-101, et seq., or the Federal Tort Claims
Act (“FTCA”) 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
amended nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a
party to this Intergovernmental Agreement.
d. Any contract documents shall require adequate insurance and bonds, if
applicable, to be maintained by the consultant(s) and contractor(s) performing
the work related to the Fish Creek Project. The Parties shall look to the
contractor(s) and consultant(s) to defend and indemnity each and all of the
Parties against any claim, loss, suit or damage caused by the work performed
pursuant to their respective contract.
VI. MISCELLANEOUS PROVISIONS
a. This Agreement shall remain in effect until all design and construction work is
completed and obligations of the Parties are complete. This Agreement shall
be effective on the date first written above. The Parties acknowledge that time
is of the essence in this and all related contracts to complete the Fish Creek
Project for the benefit of the Parties, the inhabitants and visitors to the areas
impacted by the 2013 Flood. To the extent dispute resolution may be required
by any provision in this Agreement, the Parties agree to the most efficient
means to resolve such dispute, including injunctive and other temporary relief.
b. This Agreement is the complete integration of all understandings between the
Parties. Modifications may be proposed by any party and shall become
effective upon written approval by all Parties.
10
c. This Agreement shall be interpreted, construed and governed by the laws of
Colorado and such laws of the United States as may be applicable. In the
event of any litigation over the interpretation or application of any of the terms
or provisions of this Agreement, the Parties agree that litigation shall be
conducted in the State of Colorado and venue will be in Larimer County.
d. If any provision of this Agreement is held invalid, the other provisions shall
not be affected thereby.
e. In performing any work or assistance under this Agreement, the Parties and
their respective agents, employees, and volunteers, are acting as separate
entities.
f. All financial obligations of the Parties beyond the current fiscal year are
subject to funds being budgeted and appropriated.
g. No party may assign the responsibilities or benefits of this Agreement to any
other person or entity without prior written consent from all Parties.
VII. AUTHORIZING SIGNATURES
Board of County Commissioners of Larimer County
By: Dated:
Board Chair
ATTEST:
Town of Estes Park
By: Dated:
XX
ATTEST:
11
Upper Thompson Sanitation District
By: Dated:
XX
ATTEST:
Estes Valley Recreation and Park District
By: Dated:
XX
ATTEST:
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: December 10, 2013
RE: Multi-Purpose Event Center & Stall Barn Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Stall Barn
project at the Stanley Fairgrounds.
Present Situation:
Due to weather conditions, progress on the project has slowed; however, the following
items continue to be ongoing for the Stall Barn. Perimeter exterior man doors are being
installed and mechanical and electrical systems continue to be underway.
MPEC structural steel framing is now about 80% complete, but has slowed due to
weather conditions. The underground exterior civil site continues as weather permits.
The topping out celebration of the MPEC has been delayed due to weather and will be
rescheduled in early January, which is expected to be balmy. The gas service into the
stall barn is complete.
Budget:
Community Reinvestment Fund $5,682,050. The project remains within budget.
Level of Public Interest
This is a project that has a very high level of interest.
Utilities Department Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Alan Fraundorf, IT Manager
Date: December 10, 2013
RE: Downtown Wireless Services
Objective:
To provide an update on public wireless internet service in the downtown corridor.
Present Situation:
Throughout discussions with an Economic Development Council member, we have
been examining various methods to leverage utilization of the area’s fiber optic network
to the benefit of our residents and guests. One of those methods was to enable free, or
nearly free, wireless internet service in the downtown corridor.
Today the Town cannot directly provide internet service without a public vote (Senate
Bill 05-152, 2005). There are several local wireless businesses in Estes Park today,
some of whom utilize the aforementioned fiber network via arrangements with the Town,
PRPA, and/or Level 3. There is currently basic, free wireless internet access at Town
Hall and the Visitor Center courtesy of Baja Broadband. This signal does not reach far
outside those buildings.
The Town is in a position to enable local internet providers by providing access to Town
facilities or conduit, e.g. Town building roofs, power poles or conduit. Recently the Town
was contacted by a local internet provider who requested permission to place an
antenna on top of Town Hall, primarily to have a public internet signal in Bond Park.
If the Board concurs with this direction, the Town’s IT Department could facilitate local
internet service providers in providing this service to the downtown corridor. This may
or may not require investment by the Town - or income to the Town.
Providing easy internet access for 2-3 million guests and residents along Elkhorn
Avenue would be a significant attraction, while supporting our local internet company(s).
There are some caveats to consider if the Board concurs with this direction:
A private business could install this system today (public Elkhorn wireless)
without any assistance or concurrence from the Town government.
Some Elkhorn businesses use their own wireless network as a customer
attraction.
Some Elkhorn businesses might find a new public wireless signal/arrangement
less expensive than their existing internet service.
If several local providers would like to setup this service, and all require some
Town investment, the Town could be in an awkward position to deny all requests,
or choose one.
Utilities Department Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Alan Fraundorf, IT Manager
Date: December 10, 2013
RE: SunGard Project Update
Background:
In early 2011, the Town approved moving forward with replacement of the existing
financial system (SunGard HTE/Navaline) to the current SunGard product, OneSolution.
The planned upgrade would allow increased productivity and work efficiency in many
areas, including much improved business process automation, payroll handling, budget
preparation, and permit processing.
SunGard’s offer was to reduce the annual maintenance costs from $53,000/year to
$26,000/year during the transition to OneSolution. The total cost of ownership over five
years was projected to be less than continuing the same path with the existing systems.
The following is a recap of significant activities regarding this project:
July 2010 – Town staff discussions with several software vendors.
November 2010 – Contract signed with SunGard.
February 2011 – Town acquired new servers to use with SunGard OneSolution
product ($54,000).
March 2011 – Town staff worked with SunGard for initial business analysis,
primarily around Community Development.
Fall/Winter 2011 – Community Development staff began working with SunGard
to understand the new tool and configuration aspects.
February 2012 – Significant impacts to the other Town departments were
identified. The need for a different project manager to guide the efforts was
identified.
March 2012 – Town department heads were appraised of the overall project
impacts and needs.
March 2012 – Kickoff meeting with 20 Town staff to begin identifying all business
processes within the Town.
April 2012 through Summer 2013 – A majority of Town business processes and
forms were documented.
2013 – The Town became aware of Larimer County’s effort to replace their
community development/permit system. We investigated joining in the County’s
agreement.
Summer/Fall 2013 – Paylocity was implemented for the Town payroll, replacing
the SunGard HTE payroll module.
The contract signed in 2010 stated the Town would buy servers and assign a project
manager to lead the efforts. We had projected the total software costs to be essentially
the same, over five years, as remaining with the existing software.
One of the driving forces of moving to OneSolution was to alleviate an ongoing
significant problem in Community Development with their permitting software (PTWin).
This software application has been discontinued for years and fails routinely. SunGard
had suggested the permitting component in OneSolution could be implemented first.
Upon analysis of the way the OneSolution permit component functions, Town staff
identified it was not feasible due to impacts on the rest of the Town’s departments (from
data ownership and validation to financial implications).
In March 2012, the effort was restarted. Representatives from every department were
assigned, and a complete business process analysis began. An experienced project
manager was employed to implement the Town-wide solution.
Recap: Why Were We Doing This?
The underlying technology is 15-20 years old.
We would reduce the sneaker-net traffic for staff and customers with business
process improvements and automation.
We would have improved tools to manage the business effectively.
We would be able to provide superior customer service for our customers,
visitors and staff.
We would be able to leverage the talents of the staff and minimize low-value
activities.
There would be much better inquiry and reporting tools available.
The existing permitting system is breaking routinely.
Current Plan (December 2013):
Postpone, indefinitely, the upgrade to OneSolution.
Change the arrangement with SunGard to be maintenance only on the
HTE/Navaline system.
Rationale:
The Town staff believed that all OneSolution modules needed to run our
business would be production grade in 2012-13. That was not the case.
Utility Billing would not be complete until late 2014.
HR desired/needed to go to a self-service mode in 2013. The Town decided to
outsource this function to Paylocity.
Community Development will leverage Larimer County’s research and software
assessment and become a user of their new system, EnerGov.
This basically leaves the core financials in HTE/Navaline. Finance has little
motivation to change.
Related Factors:
The Project Manager has left.
He documented a vast majority of Town business processes (who does what) –
all of which would have to be done regardless of the future of the financial
system.
Improvements were made to several business processes and he identified
additional policies needed. Major improvements were implemented in Community
Development including development of a Code Compliance database.
The existing software environment has been modified to provide increased
reliability.
We will still migrate to the current version of HTE and still migrate to the new
reporting tool (Cognos BI).
There were not any wasted expenditures as these efforts were required and the
changes improved our situation.
These developments addressed some original reasons to migrate to OneSolution:
Replacing PTWin (permit tracking in ComDev) (use the County’s system).
Retrieving data from HTE will be easier (use Cognos BI).
Having a modern-day payroll system (Paylocity).
This scenario does not address:
HTE is old and the hardware is relatively expensive to replace (but inexpensive
to repair).
Many staff wish there was a better annual budget process.
Sungard Costs/Learnings:
$54k in servers – they will be re-purposed (4 x $13,500 in 3/1/2011).
Staff time in many departments – some wasted.
Project Manager costs -- $45k in 2012 and $38k in 2013.
Documenting business processes resulted in straightening the pipes, especially
in Community Development.
Lessons Learned:
Don’t buy vaporware.
Have contracts which are succinct, with hard deliverables, timelines and
penalties.
Vendors will over-promise on things they don’t have. We need to vet and have
some control over promises.
Carefully vet the contract with assistance from people experienced in this type of
project.
We should set money aside for a future new financial system (IT Fund balance).
Expenditures Related To SunGard 2010-2013:
Description Cost Note
2010 HTE Maintenance $ 53,252 Reference only
2011 Four (4) Servers $ 53,417 These will be re-purposed
2011 “Contingency” $29,000 Paid – Not used to date
2011 Contract Provision $10,000 Not Paid – Invoiced 6/2011
2012 “Contingency” $29,000 Not Paid – Invoiced 6/2013
2013 “Contingency” $29,000 Not Paid – Invoiced 6/2013
2011 HTE Maintenance $ 26,000 Reduced per contract
2011 Contract Signing $ 34,400
2012 Com Dev Training $ 3,563
2012 HTE Maintenance $ 26,000
2013 HTE Maintenance $ 26,000
PM-Don Widrig 2012-2013 $ 82,570
Total $198,533 Costs Expended (three
years) on OneSolution
Null Alternative $159,756 Three years of maintenance
@ $53,252
Differential $ 38,777
Value Received:
Documented business processes ($50k)
Improved business processes ($10k)
Developed Code Compliance Tracking System – in use today ($10k)
Approximately $70,000 in value received.
Expectation Missed:
Implementation of a modern ERP solution with automated business processes and
improved customer services.
COMMUNITY
DEVELOPMENT Memo
To: Town Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Date: December 10, 2013
RE: The Neighborhood Subdivision Deed Restriction Update
Objective:
Update the Trustees on recommended revisions to The Neighborhood attainable
housing program.
Present Situation:
The Neighborhood subdivision is located off Dry Gulch Road. It contains 32 single-
family residential R-1 zoned lots and two commercial O-Office zoned lots.
Of the 32 single-family lots, 17 are designated as attainable to households earning
100% or less of Larimer County Area Median Income. As dwellings are constructed and
sold the deed restriction, signed by the Mayor and the buyer, is recorded. Lots are deed
restricted for 30 years, not 20 years as stated in the November 12th report. The attached
map shows the status of development (units constructed, under construction, deed
restricted . . . ). One deed-restricted unit has resold and another deed-restricted unit is
for sale.
This is the only Town ‘managed’ attainable housing program in the Estes Valley. The
Town has a Professional Service Agreement with the Estes Park Housing Authority to
perform income qualifications. Town Community Development staff track attainable lots,
require the deed restrictions be recorded, and coordinate with the Housing Authority to
ensure income qualifications are completed.
Proposal:
Amend the deed restrictions and Professional Services Agreement to address
described below. A draft of the amended deed restriction and Professional Services
Agreement will be brought to the Town Board for consideration in January.
Advantages:
Below are advantages of the current Neighborhood Attainable Housing Program.
The attainable housing program ensures that 17 properties are attainable to
households earning 100% of less of median income.
This is the only single-family residential subdivision construction in 10+ years with a
lot size, design, and price that is targeted towards first time home-buyers and limited
to year-round residents.
Disadvantages:
Current program disadvantages.
There are no provisions for buyer counseling about the deed restriction.
If buyers improve the property, at resale they hope to recoup the investment with an
increased sale price. This in turn limits the buyer pool. Buyers’ income must be
sufficient to qualify for a mortgage, but not so high as to exceed 100% of Larimer
County Area Median Income. In one case staff is aware of this limited the buyer pool
to households earning between $60,000 and $65,000 approximately.
Since this is a non-subsidized program there is no soft-second mortgage to incentive
buyers to purchase a deed-restricted lot and to de-incentivize sellers from breaking
the deed restriction.
Action Recommended:
At the November 12th Town Board Study Session, staff outlined a few options for
revising The Neighborhood Attainable Housing Program. Staff has finalized our
recommended changes to the program following a December 5th meeting with Paul
Kochevar, the developer of the subdivision.
Staff recommends the following.
1) Revise the deed restrictions with property owner agreement to:
a. Increase the income limit from 100% of Larimer County median income to
150% as recommended by the Housing Authority; and
b. Require buyer counseling.
2) Revise the Professional Services Agreement between the Town and Housing
Authority to include buyer counseling and/or verification that buyer counseling has
been obtained, e.g. from a HUD certified counseling program.
Originally staff and the Housing Authority also recommended including resale provisions
similar to the Vista Ridge resale provisions. However, Vista Ridge is subsidized and the
developer Paul Kochevar is concerned that adding these provisions to a non-subsidized
program will negatively impact resale. The developer, private property owners, and
Town need to mutually agree on program changes.
Finally, the Staff and the Town Attorney have reviewed the Development Agreement
between the Town and Developer and found that no changes are needed; the
Development Agreement states the number of units that must be attainable, but does
not specify the attainable income limit.
Budget:
Staff time TBD.
Level of Public Interest
High from impacted property owners.
Phase II - B lock 1
East S ideWest S ide
Phase I - B lock 2
Lot 1Lot 1
Lot 8
Lot 7
Lot 22
Lot 4 Lot 2Lot 5 Lot 3Lot 6
Lot 9 Lot 8Lot 7Lot 5Lot 6Lot 2Lot 4Lot 3Lot 11 Lot 14Lot 10 Lot 13Lot 12
Lot 21Lot 20Lot 19Lot 18Lot 15ALot 17ALot 16BLot 16ALot 15BWILDFIRE RD
RED TAIL HAWK DR
CRABAPPLE LN0 75 150Feet
1 in = 150 ft ±Town o f Estes ParkCommunity Development
Printed: 12/6/2013Created By: Phil Kleisler
Town Boundary
Parcels-Larimer
Hom e Built
Covenant Recorded
Under C onstruction
Designated Attainable
The Neighborhood Subdivision
LAKE ESTES
Vicinity Ma p
Site
Page 1 of 5
To: Town Board of Trustees
Town Administrator Lancaster
From: Phil Kleisler, Planner I/Code Compliance Officer
Alison Chilcott, Community Development Director
Date: December 10, 2013
RE: Code Compliance Update
Objective:
Report to Town Board on key code compliance activities undertaken by staff during the last six
months.
Present Situation:
I. Building a New Service
The Town of Estes Park hired a full-time Code Compliance Officer/Planner in March 2013.
The goal in establishing this position was to create a community-centric code compliance
program that focuses on education, outreach and enforcement, while also contributing to the
growing need for planning responsibilities.
Community Input:
During the spring of 2013 the Town held a series of community meetings to receive feedback
on code compliance priorities. These meetings were well attended and the participants
provided valuable feedback. Following these sessions Community Development staff visited
with numerous groups to gain additional feedback.
Based on what we heard, the Code Compliance Program’s mission statement is:
To contribute to the safety, aesthetics, and quality of life in the Estes Valley by ensuring
compliance with adopted codes in a fair and comprehensive manner. Mission focus is
on achieving voluntary compliance through cooperative efforts between code officials
and citizens.
Community Development
Memo
Page 2 of 5
An effective code compliance program:
Partners with the community to advance the goals of the program.
Maintains a high level of consistency, reliability and proper follow-through.
Contributes to the Town’s high quality of life by prioritizing safety as a key concern and
addressing issues related to aesthetics.
Includes education, outreach and enforcement.
The highest priorities should include:
Animals: Work with the community and animal control to ensure safe animal -human
interactions.
Dark Sky Lighting: Address light pollution, including the past, current and future
violations.
Noxious Weeds: Create a multi-faceted approach to the management of noxious weeds
in the Estes Valley.
Vacation Rental Homes: Take measures to ensure that vacation home s are operating in
a manner consistent with our local codes.
Junk Accumulation: Seek to decrease junk and trash accumulation on residential and
commercial properties.
Wildfire Mitigation: Partner with other organizations to strengthen fire mitigation and
prevention in the Estes Valley.
Policy and Procedures
Following these outreach sessions, staff began drafting policies and procedures for the code
compliance program. We have been operating on a draft policy during the few months, with
the final policy being completed this month. The policy was routed to the Colorado Association
of Code Enforcement Officials for feedback prior to being adopted by the Town.
Staff are also taking proactive measures to address the highest community priorities (listed
above). To that end, program procedures are being drafted that outline steps staff will take to
proactively address certain issues. A draft copy of the junk accumulation procedures are
attached to this report as an example.
New Technology and Workflows
Community Development staff worked with Don Widrig to create a database program for code
compliance activities. The new database allows staff to create and track code cases, and
quickly generate official correspondence as needed. Various office management systems
were also established to effectively coordinate daily operations.
Page 3 of 5
II. Outreach and Education
Weeds
Noxious weeds are an increasing problem
in the Estes Valley. If not controlled, these
invasive plants can dominate the landscape
and permanently damage natural plant
communities and ecosystems.
In an effort to continue the battle against
noxious weeds, the Town coordinated the
first annual community weed pull day on
June 15, 2013. This event was a
partnership among the Town, Rocky
Mountain National Park, Estes Land
Stewardship Association, Association for
Responsible Development and Larimer
County. The clean-up area was a highly
visible space along High Drive, close to the
Rocky Mountain National Park south entrance. In addition to raising awareness of invasive
plants in the Estes Valley, participants helped control the spread of weeds to the National Park
and the Woodland Heights area.
Following the community weed pull day, staff met with the Estes Land Stewardship Association
to development a weed prioritization map. The new map will be used for staff’s proactive
enforcement efforts.
Presentations
During the first six months of the code compliance program, staff made the following
presentations:
Association for Responsible Development: overview of community input and code compliance
procedures;
Estes Land Stewardship Association: program overview;
Board of Realtors: priorities of their membership and sign code overview.
Town Bugle Newsletter: Summary of community meetings.
III. Enforcement
Dashboard Summary
The attached dashboard report summarizes key indicators for the months of July through
November, 2013. As the summary indicates, code compliance cases substantially decreased
during September (due to the flood). Following the September flood, code compliance
activities focused almost entirely on flood-related cases. The types of complaints remain
varied, with most relating to junk accumulation, weeds and sign code cases. The number of
Town employees, partners and volunteers
during the community weed pull event.
Page 4 of 5
sign code cases was relatively high in September due to staff proactively seeking compliance
in the commercial downtown area.
Enforcement Actions
If possible, staff strives to resolve code compliance matters prior to taking any enforcement
actions. There are generally three enforcement steps taken when a resolution in not reached
in a timely matter:
1. Notice of Request: a letter allowing property owners and/or tenants 15 days to come
into compliance.
2. Notice of Violation: notice sent via certified mail stating the alleged violation, along with
applicable evidence. Such notices may be appealed through a Colorado court of
competent jurisdiction.
3. Summons to Municipal Court: states the alleged violation and court date.
From July through October, the Community Development Department issued 40 letters of
request and 23 notices of violation. Two (2) summonses to Municipal Court were issued: one
for screening of a trash receptacle along Big Thompson Avenue, and another for screening of
equipment and vehicles along Moraine Avenue.
Vacation Home Rentals
Staff have taken proactive steps to ensure that vacation home rentals are licensed with the
Town and operative in a matter consistent with applicable codes. To that end, staff have
reviewed online listings of vacation home rentals and are making contact with those not
licensed with the Town or not in compliance with Town codes. We have identified and are in
the process of contacting approximately 50 vacation home rentals that are believed to be non-
compliant.
Proposal:
Report only. No action needed at this time.
Advantages:
N/A
Disadvantages:
N/A
Action Recommended:
Report only. No action needed at this time.
Budget:
N/A
Level of Public Interest:
Moderate
Page 5 of 5
Sample Motion:
N/A
Town of Estes Park Code Compliance
Summary Report: July - November, 2013
Number of Cases Received Over Time Cases Opened/Closed
General Updates Cases by Category
Mission Statement:
To contribute to the safety, aesthetics, and quality of life in
the Estes Valley by attaining compliance with adopted codes.
Education/Outreach
Introduction to Estes Park Lodging Association
Special meeting with the Bear Task Force
Met with ELSA representative to create a weed priority map
Organize a community weed pull day
Presentations: ARD, ELSA, Board of Realtors
Enforcement
While the Town strives to achieve voluntary compliance
with local codes, enforcement actions are still necessary in
some cases.
Current Case Backlog 139
Official Correspondence
Courtesy Letter of Request 40
Notice of Violation 23
Summons 2
11
25
6
4
7
0
5
10
15
20
25
30
Jul-13 Aug-13 Sep-13 Oct-13 Nov-13
Business
License, 6
Signs, 10
Exterior
Lighting, 1
Junk/Trash,
14
Weeds, 6 Work w/o
Permit, 1
Private
Matter, 2
Vacation
Home, 2
Misc. Land
Use, 4
Other, 5
Flood-
Related, 4
July Aug Sept Oct Nov
Closed (5)(17)(6)(11)(15)
Opened 11 25 6 4 7
Net Cases Open
(Closed)6 8 0 (7)(8)
(25)
(20)
(15)
(10)
(5)
0
5
10
15
20
25
Contact: Phil Kleisler
Code Compliance Officer/Planner I
pkleisler@estes.org
Junk Accumulation
PROACTIVE ENFORCEMENT PROCESS
Revised November 2013
PROCESS SUMMARY:
1. Applicable Legislation
2. Education/Outreach
3. Calendar of Proactive Field Inspections, Investigations and Enforcement
4. Abatement
5. Follow up
6. Close case
PROCESS DETAIL:
1. Applicable Legislation
• Estes Park Municipal Code
o Chapter 8.04 General Disturbances
• Larimer County Rubbish Ordinance
o Ordinance No. 042120080-001—Ordinance Concerning Accumulation and
o Removal of Rubbish (“Rubbish Ordinance”)1 together with amendments 2.
2. Education/Outreach
• Press Release: early March
• Grant: determine availability by January
• Proactively communicate to homeowner associations and other interested groups
3. Calendar of Proactive Field Inspection, Investigation and Enforcement
• Early March
- Determine routes and timeline to proactively identify non-compliant
properties.
- Prepare materials for field visits (door hangers, educational handouts).
- Review applicable legislation (Section 1 above).
1 Effective May 24, 2008 (30 days after publication on 4/24/2008 of the Rubbish Ordinance approved by the Board of County
Commissioners on April 21, 2008).
2 2008 amendment re appeal process effective 12/21/2008.
1
• March – May
- Proactive Enforcement Routes:
o Along major corridors and select streets (see zone maps):
March: Zone 1, 2
April: Zone 3, 4, 5
May: 6, 7
o High visibility areas and large quantities of junk will be the highest
priority.
- General Proactive Enforcement Procedures
o Reconfirm that all materials and routes are prepared.
o Visually inspect and photo document the properties along routes
from public right-of-ways.
o Contact properties in violation via:
Verbal warning;
Leave door hanger if the property owner or tenant is not
available;
If only tenant is contacted, notice shall also be sent to
property owner.
o Log the address in the Code Compliance Database (“Database”) for
follow-up after the established deadline to come into compliance.
o If the address has been previously warned, the officer will take
photos and decide the follow up. Options include:
Issuance of Notice of Violation;
Issue summons to Municipal Court;
Further contact with responsible parties as necessary.
o When possible, multiple abatement procedures will be implemented
in bulk at the end of each month.
4. Abatement
• Examples of situations where abatement would be an appropriate method to
mitigate the hazard may include properties where the trash and/or junk hazards
build up dangerously:
Vacant properties with out of state owners;
Properties where the residents and/or owners are unavailable for
personal service of summonses and refuse to pick up summonses
sent by certified mail;
Repeat offenders;
High pedestrian neighborhoods, where a doorhanger, letter and/or
Notice of Violation have not achieved compliance.
2
The Downtown Commercial District.
• Trash/Junk Removal Contract
The code compliance officer will maintain an exterior contract with a
trash/junk removal contractor.
Officers will take photos of properties in violation that are put on the
list for the contractor to clear.
The contractor will generally clear the property within 24 hours of
receiving the list.
The contractor will take photos of the property before and after
clearing and provide those to the code compliance officer.
The contractor will provide an itemized bill to the Enforcement
Officer which separates the charges for each property.
The Community Development Department will bill the owner or
landlord of the property for the charges.
When the payment is received, the code compliance case will be
closed with the notation of payment. The applicable policies for
billing and receiving payment will be followed.
If payment is not received within 30 days after the owner of such
property is notified, the Town shall certify the charge or assessment
to the County Treasurer, to be placed by him or her upon the tax list
for the current year and collected in the same manner as other taxes
are collected, with a 10% penalty to defray the cost of collecting.
• Code Compliance Database
• All properties in violation that received a warning will be entered into
the Database. Warnings include a door hanger being left at the
property, a letter being mailed to the landlord, or a phone call or
personal contact with the tenant or landlord.
• Documentation of the findings during the investigation (information
gathered as a result of the site inspection and all interviews) will be entered
into the Database.
• If a warning letter is sent to the responsible party, it will be attached to the
case. That activity will be documented in the Database. The letter will detail
the requirements for bringing the property into compliance.
• Photos should be attached to the case.
• Summonses
• All summonses shall be documented in the Database. The code compliance
officer will consult with the Town Attorney when such cases must be heard in
Municipal Court.
3
• Keeping a Case Open:
• Cases on properties that have been cleared should stay open until the
payment for services has been received.
• Re-inspections may be necessary on some cases. Officers will look at the
history of the property, the tenants, the cooperation level of the tenants
and/or landlord, history of owners/managers etc. to determine if a property
should be actively re-inspected.
5. Follow up:
• If a complainant requests information about the case, the person will be
contacted after the initial inspection is completed and when enforcement action
is taken, as time allows. Resources will focus first on responding to complaints,
communicating with code violators and taking enforcement action necessary to
achieve compliance.
6. Close Case:
• Letter(s) of compliance shall be sent to all persons with a legal interest in the
property, electronically filed and noted in the Datebase.
4
E HI
G
H
W
A
Y
3
6
W HIG
H
W
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3
4
BEAR LAKE RDFALL RIVER
R
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HIGHWA
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3
6
HIGHWAY 7DEVILS GULCH RDS SAINT VRAIN AVEHIGHWAY 66MORAINE AVETRAIL
R
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BIG T
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P
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TUNNEL RDW ELKHO
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PEAK VIEW DR
W WOND
E
R
V
I
E
W
A
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EMACGREGOR AVELAKE ESTES
MARYS LAKE
LILY LAKE
This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.85 1.7Miles±Town of Estes ParkCommunity Development
Junk AccumulationInspection Zones
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
LAKE ESTES
Fall River
Big Thompson
RiverBlack Canyon CreekBig Thompson River
Fall Ri
v
e
r
Big Thompson River
W
E
L
K
H
O
R
N
A
V
E BIG HORN DRW WO
N
D
E
R
V
I
E
W
A
V
E
MORAINE AVEMACGREGOR AVEROCKRIDGE RDCHAPIN
LNCRAGS DRDAVIS ST
HIGH ST STANLEY AVEBIG THOMPSON AVESTEAMER DR
E ELKHORN
A
V
E
E RIVERSIDE DRN S
A
I
N
T
V
R
A
I
N
A
V
E
VALLEY RD
FIR AVEELM AVESOUTH LN
CLEAVE ST
BIRCH AVEE WONDERVIEW AVE
FAR VIEW DRMOCCASIN CIRCLE DR
JAMES
S
T
OLD RANG
E
R
D
R
JUNIPER LNASPEN AVERIVERSIDE DRSTA
N
L
E
Y
C
I
R
C
L
E
D
R
COURTNEY LNLOTT STMOONRID
GE RD
PROSPECT AVEFALL R
IVER
LNSPRUCE DRIVY LNCOLUMBINE AVEHIGHLAND LN
VIRGINIA DR SUMMIT
DRCHIQUITA LNVI
S
T
A
L
N
DRIFTWOOD AVEPANORAMA CIRPARK LNFAR VIEW LN
SUNNY LN FINDLEY CTBOYD LN
W RIVERSIDE DRPARK VIEW LNDUNRAVEN STFILBEY CTOV
E
R
L
O
O
K
C
T
MUMMY LN
COMANCHE ST
IVY ST
FAWN LNPECK LN
VIR
G
I
N
I
A
D
R
This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.1 0.2Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 1
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
LAKE ESTESFall RiverBlack
C
a
n
y
o
n
C
r
e
e
k
Big Thompson RiverFall RiverFall River DEVILS GULCH RDDRY GULCH RDBIG T
H
O
M
P
S
O
N
A
V
EGEM LAKE TRLLORY LN
NOTAIAH RDW
E
L
K
H
O
R
N
A
V
E MCGRAW RANCH RDN SAINT VRAIN AV
E
ELM RDMORAINE AVECLARA DR
E H
I
G
H
W
A
Y
3
6EAST LNROCKRIDGE RDMACGREGOR LNBIG H
O
R
N
D
R WEST LNMANFORD AVEMACGR
EGOR
AV
E
HIGH D
R
STAN
L
E
Y
A
V
E4TH STBIRCH AVECRAGS DR MALL RDRAVE
N
A
V
E
NORTH LN
GRAVES AVE
PINE LN
WILDFIRE RD PUMA DR3RD STFALL RIVER DROTIS LNRIDGE RD
JUNIPER LNBELLEVUE DR
RAVEN C
I
R
JOE
L
E
S
T
E
S
D
R
FIR AVEVI
S
T
A
L
N
JAMES STHIGH PINE DR
PIONEER LN
LOTT STRED TAIL HAWK DR
1ST STThis draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.4 0.8Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 2
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
LAKE ESTES
MARYS LAKE Fish CreekBig Thompson River
Fall
R
i
v
e
r
Fish CreekFall Ri
v
e
r
FISH CREEK RDS SAINT VRAIN AVEE H
I
G
H
W
A
Y
3
6
MARYS LAKE
RDMORAINE AVEELM RD
N SAINT VRAIN AV
E
HERMIT PARK RDPEAK VIEW DRRIVERSIDE DRCURRY L
NROCKRIDGE RDCARRIAGE DRUTE LNWINDHAM DR
SCOTT AVE
MANFORD AVE
W PEAK VIEW DRJ
U
N
I
P
E
R
D
R
ARAPAHO RDSTAN
L
E
Y
A
V
E
LONG VIEW DRLARKSPUR AVEPA
W
N
E
E
D
R
BRODIE AVE4TH STHILL
RDBIRCH AVECRAGS DR
JOHNSEN
L
NASPEN AVEDEVON DR
W WONDERVIEW AVE
MALL RDDAVIS ST
BROOK DRSTRONG AVETWIN DRHIGH ST
FLOWER LNMEADOW LNPINE MEADOW DRGRAVES AVE
AVALON DRAXMINSTER LNDANDIE WAYOLD RANG
E
R
D
R
3RD STSPRUCE AVEKERR RDJUNIPER LNBELLEVUE DR
ACACIA DR
INDIAN TRL LONGS DRWILLOW LN
WINDHAM C
T2ND STTALL PINES DRGRIFFITH CT BAILEY LNBIG T
H
O
M
P
S
O
N
A
V
E
BLU
E
B
I
R
D
L
N
SPRING ST
UPLANDS CIRCEDAR LNJAMES STLLOYD LN
PINE KNOLL DR
SILVER TREE LNP
O
W
E
R
P
L
A
N
T LOTT STMOONRID
GE RDHONDIUS CIRSHAD CT
LEXINGTON LN
PROSPECT AVE
PINEWOOD LN 1ST STHIGHLAND LN
DUNRAVEN ST
VIRGINIA DR
DARCY DR
CHER
O
K
E
E
C
T PARK LNRIVERSIDE LNFAR VIEW LN
MATTHEW CIR
BOYD LN
BEACH LN
6TH GREEN LN
IVY ST
This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.25 0.5Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 3
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
MARYS LAKE
LILY LAKE Fish CreekAspen BrookEast Fork Fish CreekA
s
p
e
n
B
r
o
o
k
Ea
s
t
F
o
r
k
F
i
s
h
C
r
e
e
kFish CreekHIGHWAY 7FISH CREEK RD S SAINT VRAIN AVEM
A
R
Y
S
L
A
K
E
R
D
CARRIAGE DRLI
T
T
L
E
V
A
L
L
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Y
R
D
JA
C
O
B
R
D
UTE LN
SCOTT AVE
ARAPAHO RDEAGLEC
L
IFF
DR
CLIFF RD
LONG VIEW DRLARKSPUR AVEPA
W
N
E
E
D
R
ROCKWOOD LNEIGER TRLW PEAK VIEW DRKIOWA DR WILDWOOD
DRPONDEROSA AVERAMBLING DRLAKESHORE DRSERENITY LNSPRUCE AVEASPEN DRKERR RD
DOLLAR LAKE DR
ACACIA D
R
INDIAN TRL
LONGS DR
S
T
A
R
W
A
Y
BLU
E
B
I
R
D
L
N
SANBORN DRUPLANDS CIRMEEKER DR
SHAD CT
PINEWOOD LN
BAKER DRL
A
KO
T
A
C
T
This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.3 0.6Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 4
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
MARYS LAKE
Beaver Brook
Big Thompson River
A
s
p
e
n
B
r
o
o
k
Fish CreekWind River
Glacier Creek
B
u
c
k
C
r
e
e
k
Wind RiverAspen BrookGlacier CreekBEAR LAKE RD HIGHWAY 66M
A
R
Y
S
L
A
K
E
R
D
HIGHWAY 7TUNNEL RDHIGHWAY 36
CLIFF RD
MORAINE AVE RIVERSIDE DRS SAINT VRAIN AVEUTE LN
GRIFFITH CT
W PEAK VIEW DRARAPAHO RDEAGLEC
L
IFF
DR
CARING LN
MILLS
D
R
UPPER BROADVIEW
FISH CREEK RDEIGER TRLHI
L
L
RD
KIOWA DR
CURRY LN
MESA DRNIMBUS DR STRONG AVEMEADOW LNCHIEFS HEAD RD
JEEP TRLTERRACE LNCUMULUS DR
KERR RD
INDIAN TRL
CLIFF LN
HIGH DR LLOYD LN
GLACIER VIEW LN
SILVER TREE LNFAMILY LNSHAD CT
BAKER DRL
A
KO
T
A
C
TRIVERSIDE LNMIND ST SPUR LNThis draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.3 0.6Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 5
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
MARYS LAKE
LAKE ESTES
Big Thompson RiverBeave
r
B
r
o
o
k
B
u
c
k
C
r
e
e
k
Fall River
As
p
e
n
B
r
o
o
kGlacier CreekBig Thompson River
B
u
c
k
C
r
e
e
k
Fall
R
i
v
e
r
HIGH D
R
HIGHWAY 66MORAINE AVEHIGHWAY
3
6
MARYS LAKE
RDELM RDS SAINT VRAIN AVECLIFF RD
PEAK VIEW DRRIVERSIDE DRCURRY L
NROCKRIDGE RDUT
E
L
N
UPPER HIGH DR
GRIFFITH CT
W PEAK VIEW DREAGLE CLIFF RD
JUN
I
PER
DR
MILLS
D
R
STAN
L
E
Y
A
V
E
ARAPAHO RDPA
W
N
E
E
D
RTANAGER RDLARKSPUR AVEHILL RDBIRCH AVECARRIAGE DRCRAGS DR
ASPEN AVEDEVON DR
DAVIS ST
STRONG AVETWIN DRHIGH ST
MEADOW LNAXMINSTER LNCHIEFS HEAD RD 3RD STE ELKHORN
A
V
E
SPRUCE AVEE RIVERSIDE DRLONG VIEW DRKERR RDJUNIPER LNPINE MEADOW DRLAUREL LNINDIAN TRL LONGS DRMINERAL RD FIR AVE2ND STNOBLE L
N
TALL PINES DRCLIFF LNVISTA VIEWBLUEBIRD LN
SPRING ST
PONDEROSA DR
LLOYD LN
GLACIER VIEW LN IVY LNCHICKADEE LNSILVER TREE LNPO
W
E
R
P
L
A
N
T LOTT STMOONRID
GE RDHONDIUS CIRSHAD CT
MIDDLE BROADVIEW
PROSPECT AVE
PINEWOOD LN 1ST STGIANT TRACK RD
HIGHLAND LN
DARCY DR
CHER
O
K
E
E
C
T
PAWNEE LNRIVERSIDE LNSUTTON LN
BOYD LN
MORGAN ST
SPUR LNPECK LN
CONCORD LN
This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.2 0.4Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 6
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
Fall River
Bla
c
k
C
a
n
y
o
n
C
r
e
e
k
B
u
c
k
C
r
e
e
k
Big Thompson River
Bi
g
H
o
r
n
C
r
e
e
k
Fall River
Fall River
FAL
L
R
I
V
E
R
R
D
W
E
L
K
H
O
R
N
A
V
E
W WO
N
D
E
R
V
I
E
W
A
V
E
ELM RD
FISH HATCHERY
R
D
MACGREGOR LNMACGREGOR AVEMORAINE AVEDAVID D
R
ROCKRIDGE RDCHAPIN LNHIGH
W
A
Y
3
6
CRAGS DR
DAVIS ST
UPPER HIGH DRFALL RIVER DRE RIVERSIDE DRFALL R
IVER
LNDEVILS GULCH RDHOMESTEA
D
L
N
NOBLE L
NFALL RIVER CTCLEAVE ST
SLEE
P
Y
H
O
L
L
O
W
R
D
JAMES STIVY LNJUNIPER LNLOTT STMOONRID
GE RD
TANAGER R
D
VIRGINIA DRFAR VIEW LN
BOYD LN
FILBEY CTThis draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, the town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 0.2 0.4Miles±Town of Estes ParkCommunity Development
Junk AccumulationZone 7
Printed: 7/24/2013Created By: Phil Kleisler
Legend
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
Utilities Department Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Steve McFarland, Finance Officer
Date: December 10, 2013
RE: Delay to Master Plan for the Water Department
Objective:
To inform the Board of the delay in awarding the Water Department Master Plan.
Present Situation:
The Water Department is not in a position to award the Master Plan to a vendor. The
2014 budget does not include the line item for this expenditure.
Proposal:
Finance Officer McFarland and I are recommending we roll the funds back into fund
balance and amend the 2014 budget in 2014 to accommodate this capital expenditure.
Advantages:
This will allow time to discuss the Master Plan approach to be taken with each of the
three pre-qualified engineering firms.
Disadvantages:
Delay in generating the Water Master Plan.
Action Recommended:
None at this time.
Budget:
The 2014 budget will be amended in 2014 during the annual Supplemental Budget
Appropriation Resolution brought forward each December.