HomeMy WebLinkAboutPACKET Town Board 2020-07-28 Prepared 07-17-2020
�Revised 07-23-2020
1
T��N o� E�ST ES I'AI�I�
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.
The Town of Estes Park will make reasonab/e accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call(970)577-4777. TDD available.
BOARD OF TRUSTEES —TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesdav, Julv 28. 2020
7:00 p.m.
Board Room — 170 MacGregor Avenue
Estes Park, CO 80517
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial
virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator
Machalek on May 8, 2020 and outlined below.
ADVANCED PUBLIC COMMENT
Options for the Public to Provide Public Input:
1. Bv Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
. The form must be submitted by 12:00 p.m.,
Tuesday,July 28,2020. All comments will be provided to the Board for consideration during the agenda
item and added to the final packet.
2. Bv Telephone Messaae: Members of the public may provide public comment or comment on a
specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday,
July 28,2020.All calls will be transcribed and provided to the Board for consideration during the agenda
item and added to the final packet.
PUBLIC PARTICIPATION DURING BOARD MEETING
Options for participation in the meeting will be available by call-in telephone option or online via Zoom
Webinar which will be moderated by the Town Clerk's Office.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number,
Enter the Meeting ID for the July 28, 2020 meeting: � : .• � �- � followed by the pound sign
(#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call
into the meeting prior to 7:00 p.m., if possible.You can also find this information for participating
by phone on the website at www.estes.org/boardsandmeetings by clicking on "Virtual Town
Board Meeting Participation".
Request to Speak: For public comment,the Mayor will ask attendees to indicate if they would
like to speak—phone participants will need to press*9 to"raise hand". Staff will be moderating
the Zoom session to ensure all participants have an opportunity to address the Board.
Once you are announced by phone:
• State your name and address for the record.
• DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
(Instructions continued on page 2,Agenda begins on page 2) Page 1
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https//zoom.us/j//98216902040 — Zoom Webinar ID: � � •� � i� �. The
Zoom Webinar link and instructions are also available at www.estes.orq/boardsandmeetinqs
by clicking on "Virtual Town Board Meeting Participation". Individuals participating in the Zoom
session should also watch the meeting through that site, and not via the website, due to the
streaming delay and possible audio interference.
Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting at 7:00 p.m.
Request to Speak: For public comments, the Mayor will ask attendees to click the "Raise
Hand" button to indicate you would like to speak at that time. Staff will moderate the Zoom
session to ensure all participants have an opportunity to address the Board.
• You will experience a short delay prior to re-connecting with the ability to speak.
• State your name and address for the record.
In order to participate,you must:
• Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
• Join the Zoom Webinar.
o The link can be found above.
• Click"Participate Virtually in the Regular Town Board Meeting of the Board of Trustees".
• DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48
hours of the meeting at the same location.
Documents to Share: If individuals wish to present a document or presentation to the Board,
material must be emailed by Monday, July 27, 2020 by 8:00 a.m. to the Town Clerk's office at
townclerk(a�estes.orq.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.orq/forms/TownBoardPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970)577-4777.All calls must be received by 8:00 a.m., Monday, July 27, 2020.
All comments received will be provided to the Board and included in the final packet material.
Oral Testimonv
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk(a�estes.org or calling (970)577-4777 by Monday, July 27, 2020 at 5:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to townclerk(a�estes.orq by 8:00
a.m. Monday, July 27, 2020 in order to be presented during the meeting. No other written
presentations or exhibits will be accepted during oral testimony by any member of the public.
Packet Material
The packet material can be accessed through the following link: Town Board Packet or under
the Town Board section at www.estes.orq/boardsandmeetinqs or you may request a paper
packet by emailing townclerk(cr�.estes.orq or calling (970)577-4777.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was page 2
prepared.
Prepared 07-17-2020
*Revised 07-23-2020
AGENDA
BOARD OF TRUSTEES—TOWN OF ESTES PARK
Tuesday. Julv 28. 2020
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING-IN CEREMONY FOR NEWLY-APPOINTED TRUSTEE SCOTT WEBERMEIER.
Municipal Judge Ablao.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS/LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT—POLICY 3.3. 3.12 AND 3.13.
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. Policy 3.3, 3.12 and 3.13 are
reported on each July.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated July 14,2020 and Town Board Study Session Minutes dated
July 14, 2020.
3. Board of Appeals Minutes dated August 29, 2019. (Acknowledgement only).
4. Family Advisory Minutes dated March 5, 2020. (Acknowledgement only).
5. Three Year Extension with Hays Companies, Inc., for Employee Benefit Services,
$29,000 annually—Pending Budget Appropriations.
6. Resolution 47-20 Approving the Second Amendment to the Intergovernmental
Agreement for the Funding and Coordination of a Joint Compensation Study between
Platte River Power Authority, Fort Collins, Longmont, Loveland and Estes Park.
7. Resolution 48-20 Water Supply Agreement with Gunter and Gloria Preuss of Saddle
Notch Ranch.
8. Resolution 49-20 Intergovernmental Agreement with Colorado Department of Human
Services authorizing participation in the Low-Income Energy Assistance Program
(LEAP).
9. Acceptance of Town Administrator Policy Governance Monitoring Report.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. LARIMER COUNTY OPEN LANDS ADVISORY BOARD UPDATE. Open Lands
Director Daylan Figgs.
To provide the Town Board with a quarterly update on the Advisory Board activities.
* REPORTS AND DISCUSSION ITEMS:
1. COVID-19 SAFETY EFFORTS AND OUTREACH. Town Administrator Machalek.
Discussion of safety and outreach efforts to date and any further effort the Town Board
would like staff to explore or pursue.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was page 3
prepared.
LIQUOR ITEMS:
1. NEW HOTEL & RESTAURANT LIQUOR LICENSE FOR BLACK CANYON
CATERING. INC.. DBA THE BOULDERS. 800 MACGREGOR AVENUE, SUITE 243
ESTES PARK, CO 80517. (Quasi-Judicial)Town Clerk Williamson.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town
Board Final Action.
1.ACTION ITEMS: Following items are quasi-judicial,see procedures for public comment.
A. RESOLUTION 50-20. AMENDED PLAT OF PORTIONS OF LOTS 6. 7. AND 8.
BLOCK 1, OF THE SECOND AMENDED PLAT, 215 PARK LANE, THOMAS
BECK, TW BECK ARCHITECTS OWNER/APPLICANT. (Quasi-Judicial) Planner
Woeber.
Review of an Amended Plat application,to rearrange internal lot lines involving lots
within a platted subdivision. No new lots or building sites would be created.
ACTION ITEMS:
1. RESOLUTION 51-20. 3RD AMENDED LAKEVIEW PLAZA CONDOMINIUMS. 1751
NORTH LAKE AVENUE 1A AND 1B, BRADFIELD PROPERTIES, LLC (GORDON
AND ANNIE SLACK)AND JESSIE M FINCH/OWNERS. Planner Woeber.
Approval of an amended condominium map, to revise a boundary within two existing
condominium units.
2. RESOLUTION 52-20 PEAK VIEW APARTMENTS WATER TAP FEE INSTALLMENT
LOAN AGREEMENT. Director Hudson.
Consider the proposed installment loan agreement with Estes Park Housing Authority
for the Peak View Apartments'water tap fees.
3. FEE WAIVER REQUEST. 1551 SOUTH SAINT VRAIN AVENUE. PEAK VIEW
APARTMENTS, BUILDING DIVISION FEES, ESTES PARK HOUSING AUTHORITY
EPHA . Director Hunt.
EPHA is requesting waiver of a percentage of building permit fees for this 26-unit
workforce housing project; waiver is estimated at approximately$18,975.
4. INTERVIEW COMMITTEE FOR THE BOARD OF APPEALS.Town Clerk Williamson.
REQUEST TO ENTER INTO EXECUTIVE SESSION:
For the purpose of determining positions relative to matters that may be subject to negotiations,
developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4}(e},
C.R.S. and for a conference with an attorney for the Board for the purposes of receiving legal
advice on specific legal questions-Section 24-6-402(4}(b}, C.RS. -Regarding the potential for
the Town to provide water service to the YMCA of the Rockies.
ADJOURN
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was page 4
prepared.
i
Y
T��N oF ESTES PARI�
Memo � � � • •
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: July 28, 2020
RE: Policy Governance Monitoring Report— Policies 3.3, 3.12, and 3.13
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER: Policy
QUASI-JUDICIAL ❑ YES � NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. In July of each year the Town
Administrator is required to report on Policies 3.3 (Financial Planning and Budgeting),
3.12 (Internal Operating Procedures), and 3.13 (Town Organizational Plan).
Policy 3.3 states:
"With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government."
Policy 3.12 states:
"With respect to internal operating procedures, the Town Administrator will
ensure that the Town has internal procedures to promote effective and efficient
Town operations."
Policy 3.13 states:
"With respect to internal organizational structure of the Town, the Town
Administrator will maintain a current organizational plan (organizational chart) of
the Town, in a graphical format including through the division level. The Town
Administrator will update the plan annually. The current plan shall be included in
the Comprehensive Annual Financial Report each year, and presented to the
Board of Trustees at the first regular meeting following the certification of the
results of each biennial election."
Page 5
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
�- -
Travis Machalek
Town Administrator
Page 6
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3. All policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Com liance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret "materially deviate"to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town's
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
Page 7
1. The 2020 adopted budget was prepared based on the Board's Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3. HTE budget reports for each department are available on request.
Report: I report compliance
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Com liance
Interpretation: I interpret this to mean that the Town Administrator's
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town's revenues and eXpenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town's Finance Director.
Compliance with the policy will be achieved when:
• Revenue projections are clear and projected and actual revenues are within
a 5-10%margin of error, barring any catastrophic events.
• Actual revenues are not less than projected,barring any catastrophic
events.
• The budget presented to the Board for adoption is in a format that
separates revenues, eXpenses, and capital expenditures.
• Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1. COVID-19 has created significant economic fallout that have altered our
projected revenues. We will continue to track our revised projections as
we move through this catastrophic event.
2. The 2020 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions as well as during budget amendment
discussions.
Page 8
Report: I report compliance. Revenue projections will continue to be impacted by
catastrophic events (COVID-19) and staff will continue to closely monitor
projected and actual revenues.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Com liance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted and amended budget includes expenditures for the year
exceeding revenues. This falls within the exception as a Board-approved
use of fund balance in reaction to the COVID-19 crisis.
Report: I report compliance.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Com liance
Interpretation: I interpret this to mean that the audited year-end unrestricted
fund balance in the General Fund does not drop below 25%unless otherwise
authorized by the Board. If the Board approves and adopts a budget that plans for
reducing the fund balance below the 25% level, I interpret this as being authorized
by the Board.
Compliance with the policy will be achieved when:
• The final CAFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Page 9
Evidence:
L The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund
balance at the end of 2019.
3. The adopted and amended 2020 budget anticipates a 20.7% General-Fund
fund balance at the end of 2020. This fund balance percentage was
approved by the Town Board with the adoption of the Apri12020 budget
amendment in response to the COVID-19 crisis and subsequently
amended June 23.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town's budget.
Status: Com liance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670—Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
• The final CAFR indicates a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
• The current cash reserves meet the criteria defined in Board Policy 670—
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund
balance at the end of 2019.
3. The adopted and amended 2020 budget anticipates a 20.7% General-Fund
fund balance at the end of 2020. This fund balance percentage was
approved by the Town Board with the adoption of the Apri12020 budget
amendment in response to the COVID-19 crisis and subsequently
amended June 23.
Page 10
4. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
5. The Town's budget contingency plan is established in Policy 670 (Section
3.b).
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Com liance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board's auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
L The 2018 Audit has been completed and the CAFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board's auditors.
2. The 2019 Audit continues with a target delivery date prior to August 31 st.
The auditors will be working remotely due to COVID-19.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Com liance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town's bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town's enterprise funds.
Compliance with the policy will be achieved when:
• I am in compliance with 3.3.5.
• Required bond coverage ratios are met.
Evidence:
1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
Page 11
2. Our current (December 31, 2019) bond-coverage ratio for Power and
Communications (694%) exceeds the required ratio of 125%.
3. Our current (December 31, 2019) bond-coverage ratio for Water (640%)
eXceeds the required ratio of 110%.
Report: I report compliance.
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Status: Com liance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
eXpansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Policy 3.12: With respect to internal operating procedures, the Town Administrator will
ensure that the Town has internal procedures to promote effective and efficient Town
operations.
Status: Com liance
Interpretation: I interpret this to mean that I maintain up-to-date internal policies
and procedures that control the day-to-day operations of the Town. These policies
are updated when necessary to reflect changing conditions and governing laws.
Compliance with the policy will be achieved when: No issues arise that go
unaddressed by internal policies and procedures and the Town is not put at risk
legally or financially due to the lack of adequate policies or procedures guiding
our actions.
Page 12
Evidence:
1. Town policies and procedures are up-to-date and available to all
employees on iTown.
2. Policies are reviewed on a regularly scheduled basis to ensure they remain
current and effective.
Report: I report compliance.
Policy 3.13: With respect to internal organizational structure of the Town, the Town
Administrator will maintain a current organizational plan (organizational chart) of the
Town, in a graphical format including through the division level. The Town Administrator
will update the plan annually. The current plan shall be included in the Comprehensive
Annual Financial Report each year, and presented to the Board of Trustees at the first
regular meeting following the certification of the results of each biennial election.
Status: Com liance
Interpretation: I interpret this to mean that I maintain a current organizational
chart that is included in the CAFR and presented to the Town Board after the
certification of the results of each biennial Town election.
Compliance with the policy will be achieved when:
• The organizational chart is printed in the CAFR.
• The organizational chart is presented to the Town Board at the first regular
meeting following the certification of the results of each biennial Town
election.
Evidence:
L The organizational chart was published as part of the 2018 CAFR and will
be included in the 2019 CAFR.
2. The organizational chart was presented to the Town Board at the first
regular meeting following the certification of the results of the last
biennial Town election.
Report: I report compliance.
Page 13
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Page 14
Town of Estes Park, Larimer County, Colorado, July 14, 2020
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 and Virtually in
said Town of Estes Park on the 14th day of July, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Cindy Younglund
Vacant
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Ad ' rator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: One Vacancy
Mayor Koenig called the meeting to order at 7: . an desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION — WAYNE NEW Mayor Ko resented a proclamation
honoring the service of Wayne News s Park unity and Town.
RESOLUTION OF REPECT—TRUSTE EN ayor Koenig recognized the
service of Trustee Ken Zor ring Ap rough une 2020.
AGENDA APPROV
Trustee MacAlpine ested C ent Item e removed and considered as an action
item. It was move seco ounglund)to approve the Agenda with
the removal of Con t an Action Item 1,and it passed unanimously.
PUBLIC
None.
T E COMMEN
Trust acAlpine an nced she would attend the Regional Government Recovery
Collabo meeting uly 16,2020 to discuss recovery from the pandemic. Attended
a League me ers presentation on Community Based Social Marketing focused
on behavior c d found the discussion would be applicable to the ongoing situation
related to mas earing. She requested the Board consider the Town's COVID
precautions as the number of infections and deaths continue to rise.
Trustee Cenac commented the Visit Estes Park Board (VEP) heard a Park update from
Kyle Patterson/RMNP Public Affairs Officer in which she stated the hiker shuttle would
not operate in 2020, Fall River road has opened, and visitors appear to be happy with the
reservation system. VEP has seen a lower overnight stay rate which would impact the
VEP 2021 budget.
Mayor Koenig stated she attended a recent Breckenridge virtual Town Board meeting in
which they considered a mask ordinance for their downtown corridor. Colorado
Association of Ski Towns (CAST) sent a letter to Governor Polis requesting a mask
ordinance. Aspen continues to consider methods to encourage visitors to wear masks
such as a mask monitor dressed up as a friendly clown or a mime.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated Larimer County Manager Linda Hoffman confirmed
the County Commissioners are not interested in reviewing the Land Use
Page 15
Board of Trustees—July 14,2020—Page 2
Intergovernmental Agreement at this time due to the difficulties with the current pandemic
and the need to have an open public process. The Commissioners are interested in
building relations with the new board.
He thanked the Estes Valley Fire Protection District, RMNP, and other mutual aid
agencies which responded to the fire on July 17, 2020 and prevented the fire from
growing. He also recognized the Power and Communication team for resolving an
underground outage quickly on Friday. He further recognized Parking and Transit
Manager Solesbee for her ongoing effort with the Estes Park Resiliency Collaborative.
Mayor Koenig requested the Board provide staff with feedback on further discussions
related to mask requirements. After discussion the Board consensus was to add a
discussion and report item to the July 28, 2020 meeting to address non-legislative
regulations to encourage mask wearing.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 23,2020 and T Board Study n Minutes
dated June 23, 2020.
3. Letter of Support for the Colorado Depa of Tra rtation Grant Application
(Revitalizing Main Streets).
4. Resolution 42-20, Approving th Application fo nt Funding to the Colorado
Department of Local Affairs f and Mine act Assistance Funds to
Develop the Land Use Compre si
5. Revised Policy 105—Agendas.
6. Resolution 43-20 Public ring date of July 28, 2020 for a New Hotel
& Restaurant or Lic e filed Black Canyon Catering, Inc., dba The
Boulders, 8 acGrego enue Sui 43, Estes Park, CO 80517.
7. Resolution 4 me o the Alianza Inc. Agreement to Provide
Cloud- sed Te e Services.
It oved eco (Koenig/Martchink) to approve the Consent Agenda
s 1-3 and 5- d it p d unanimously.
2. R TS AND DI SSION ITEMS: (Outside Entities).
1. ES AL INVESTMENT IN CHILDHOOD SUCCESS - INTRODUCTION
OF N UTIVE DIRECTOR. Former Executive Director Almond thanked
the Tow ard for their support over the years. She announced she stepped
down as of July 1, 2020. The EVICS Board hired Chris Douglas as the new
Executive Director. Chris Douglas/EVICS Director stated she recently moved to
Estes Park and looks forward to working with EVICS to successfully serve the
Estes Park community.
3. LIQUOR ITEMS:
1. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE FROM ROCKY
MOUNTAIN HOTEL PROPERTIES I, LLC DBA ESTES PARK RESORT &
HOTEL TO MONA LISA LLC DBA THE DUNRAVEN INN,1700 BIG THOMPSON
AVENUE, ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson
reviewed the application to transfer the Hotel and Restaurant liquor license
currently held by Rocky Mountain Hotel Properties I, LLC to Mona Lisa LLC. She
stated all paperwork and fees had been submitted. The applicant has successful
run the Dunraven Inn with a liquor license in the unincorporated Estes Valley and
has previously completed TIPS training. He has been operating under a temporary
permit since the beginning of June and would be expanding the business to serve
Page 16
Board of Trustees—July 14,2020—Page 3
breakfast, lunch and dinner at the hotel. It was moved and seconded
(Cenac/Martchink) to approve the transfer of the Hotel � Restaurant Liquor
License from Rocky Mountain Hotel Properties I, LLC dba Estes Park Resort
& Hotel to Mona Lisa LLC dba The Dunraven Inn, 1700 Big Thompson
Avenue, and it passed unanimously.
2. NEW BEER 8� WINE LIQUOR LICENSE FOR MOUNTAIN HOME CAFE, INC..
DBA MOUNTAIN HOME CAFE, 457 E. WONDERVIEW AVENUE C1, ESTES
PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson reviewed the
application for a new Beer and Wine liquor license. The applicant submitted a
concurrent application with the State. She stated all paperwork and fees were
submitted. The applicant plans to complete TIPS training after the summer
season. It was moved and seconded (Cenac/Bangs)to approve a Beer 8�Wine
Liquor License for Mountain Home Cafe Inc. dba Mounta' ome Cafe, 457
E.Wonderview Avenue C1, and it passed unanimously.
3. NEW BEER&WINE LIQUOR LICENSE FOR DISCO DGE. INC., DBA
DISCOVERY LODGE, 800 BIG THOMPSON A E S PARK, CO
80517. (Quasi-Judicial)Town Clerk Williamson r wed the app ' n for a new
Beer and Wine liquor license. The applicant itted a concurr plication
with the State. She stated all paperwork fees had been sub . The
applicant would complete TIPS training n six m s. It was m ed and
seconded (MacAlpine/Cenac) to appro eer ine Liquor License for
Discovery Lodge Inc. dba Discovery Lod ig Thompson Avenue, and
it passed unanimously.
4. NEW BEER & WINE LIQUO FOR C E MOUNTAIN LODGE
LLC, DBA COYOTE MOUNT LO 0 B HOMPSON AVENUE.
ESTES PARK, CO 80517. (Qua udic' rk Williamson reviewed the
application for a ne er and or licens . The applicant submitted a
concurrent applic e Stat e stated all paperwork and fees had been
submitted. T plica omplet ould complete TIPS training within six
months. It oved a seconde acAlpine/Cenac)to approve a Beer 8�
Wine Liqu ' ense o ain Lodge LLC dba Coyote Mountain
Lodge, 1340 0 , and it passed unanimously.
4. ACTI
NSENT I 4 - LUTION 42-20, APPROVING THE APPLICATION
OR GRANT DING TO THE COLORADO DEPARTMENT OF LOCAL
AIRS FOR ERGY AND MINERAL IMPACT ASSISTANCE FUNDS TO
LOP TH ND USE COMPREHENSIVE PLAN. Director Hunt reviewed
the utio pprove the submittal of a grant application for funds from the
Depa ocal Affairs (DOLA)Energy and Mineral Impact Assistance Funds
(EIAF)t port the completion of the Town's Comprehensive Plan process. The
funds wou d be utilized to hire a professional consulting firm to work directly with
Town staff and stakeholders to complete a new Comprehensive Plan last updated
over 24 years ago. To meet the minimum requirements of the DOLA grant process
the plan must include the following: 1) a three mile radius outside Town limits; 2)
identify risks and vulnerabilities from natural and human caused hazards and how
they would be addressed; 3)identify recommendations for land use code updates;
and demonstrate engagement with neighboring jurisdictions. Additionally, DOLA
expects the plan to result in intergovernmental agreements with neighboring
jurisdictions, addressing water supply and conservation measures. The Town
would address a planning area larger than the proposed three miles to fully
consider future expansion through annexation. The Larimer County
Commissioners would be engaged in the planning process and would need to
accept elements of the Comprehensive Plan impacting the unincorporated area of
the valley.
Board discussion has been summarized: concern with the degree of coordination
in the development of the plan and the participation of citizens in the
Page 17
Board of Trustees—July 14,2020—Page 4
unincorporated area; earlier Board discussions with the Commissioners confirmed
their participation in the process and funding was still up for discussion; and
questioned if the annexation area to be considered in the plan would include
rezoning of properties.
After further discussion, it was moved and seconded (Cenac/Martchink) to
approve Resolution 42-20 to submit the DOLA EIAF grant application to
develop the Comprehensive Plan, and it passed unanimously.
2. RESOLUTION 44-20 TO APPROVE INTERGOVERNMENTAL AGREEMENT
AND BILL OF SALE TO TRANSFER THE DANNELS FIRE STATION TO THE
ESTES VALLEY FIRE PROTECTION DISTRICT. Town Attorney Kramer stated
the voters approved the sale of the Dannels Fire Station to the Estes Valley Fire
Protection District during the regular Municipal Election on 7, 2020. The
resolution would approve an Intergovernmental Agreeme d Bill of Sale to
finalize the transfer and approve an Access and Mai nce Agreement to
provide access to Town communication facilities withi n. It was moved
and seconded (Younglund/Martchink)to approve lutio 20 to execute
and deliver the Deed and Bill of Sale from the T n of Estes o the Estes
Valley Fire Protection District for transfer e Dannels Fir ion, and
approve the Intergovernmental Agreem r Access and Mai nce to
Town Communication Facilities betw he To f Estes Park and the
Estes Valley Fire Protection District, a asse animously.
3. AMENDMENT ONE TO THE SAFEBUILT CO CT FOR BUILDING PERMIT
TECHNICIAN AND FEE OFF R TOWN- D BUILDING PROJECTS.
Director Hunt presented an a the con with SafeBuilt to provide
building safety services on b If o n t nclude Building Permit
Technician services for an incre fee 0%, and provide SafeBuilt
would charge the To 0% of th edule or Town-owned projects rather
than 100%. In J 0, the employed a Building Permit Technician
who has since gned. e Tow s unsuccessful at hiring a replacement
during the p eason f ilding, a e gap in service was not sustainable. It
was move seco n artchink)to approve the Professional
Services C t n e with SafeBuilt Colorado, LLC for
Buildin Safe ices for the calendar year 2020, and it passed
u
LICY 110 DEL TION OF CONTRACT SIGNATURE AUTHORITY.
own Attorney er presented a policy to address signatory authority within the
n for contrac nd includes a section on the"reserved authority"for items the
would a ve and execute. The policy would not impact the approval
pro s e shed in the purchasing policies. It was moved and seconded
(Martc Alpine)to approve Policy 1101, and it passed unanimously.
5. RESOLUTION 45-20 DECLARING A VACANCY ON THE ESTES PARK BOARD
OF TRUSTEES AND APPROVE THE PROCESS TO FILL THE VACANCY.Town
Clerk Williamson presented a resolution to formally accept the resignation of
Trustee Zornes and outline a process for filling the position. As a statutory
community,the Town Board must follow the guidelines outlined in C.R.S.31-4-303
Trustee to Fill Vacancy. The statute provides the Board with the authority to
appoint a replacement within 60 days of the vacancy or set and election. If the
Board fails to act within 60 days, the Board must set a special election as soon as
practical. Staff provided the Board with a proposed application process consisting
of an application and resume, a public interview conducted by the Board and a
vote of the Board to appoint an individual. As the Town held its regularly scheduled
Municipal Election on April 7, 2020, the Board may consider the appointment of
the fourth-place candidate in the election to fill the vacancy. Board discussion
followed with Mayor Koenig, Trustee MacAlpine and Trustee Younglund stating
support for the appointment of the fourth-place candidate. Mayor Pro Tem
Martchink stated support to schedule a special election to allow the voters to
determine who should complete the term held by Trustee Zornes. Trustees Bang
Page 18
Board of Trustees—July 14,2020—Page 5
and Cenac would support completing an the appointment process as outlined.
After further discussion, it was moved and seconded (Cenac/Bangs)to approve
Resolution 45-20, and it passed unanimously.
It was moved and seconded (Younglund/Bang) to extend the meeting past
10:00 p.m., and it passed unanimously.
A substitute motion was moved and seconded (Bangs/Cenac) to approve the
appointment process as outlined, and the motion failed with Mayor Pro Tem
Martchink, Trustees Bangs and Cenac voting "Yes" and Mayor Koenig, Trustees
MacAlpine and Younglund voting "No".
It was moved and seconded (Younglund/MacAlpine) to approve the
appointment of the fourth-place candidate, Scott Weber , and it passed
with Mayor Pro Tem Martchink and Trustee Cenac voting "
5. REPORTS AND DISCUSSION ITEMS:
1. OPEN CONTAINERS WITHIN THE TOW wn Administr Machalek
provided a staff recommendation to permit th sumption of alcoholi erages
in specific Town-owned parks between ours of m to 9 pm. o glass
containers would be permitted. He s the would continue to be
responsible for enforcing the open conta ithin town limits, and the
modification of the open container regulatio outlined would not create a
substantially different or diffic orcement e ment for the Police. The
enforcement workload has inc o the St ulations that allow take-
out drinks from liquor licensed bli A su was conducted of the
liquor licensed establishments to term' elaxing the open container
law would be benefic' to their b In gen al businesses responded the
modification as o Id be b cial to their business.
Board discu was he and su rized: the survey should have clarified
the modific would ' ual bring their own alcohol to the parks and
what impact ess; concern with the impact on staffing
related to enfo of the open containers; the potential of congregation in
p ivid ot maintaining social distancing; survey questions should
ore s � the container modification would benefit those businesses
at have bee ut do on premise consumption such as bars and taverns;
ot concerned public perception of drinking on the sidewalks downtown; the
nt of take-ou inks by the State is to take the alcohol home; the discussion
be conti to the fall; encouraging alcohol consumption outdoors would
be than ing indoors as it relates to COVID-19;and the majority of visitors
are s who would consume the take-out alcohol downtown on the
sidewal d parks.
The Board consensus was to bring the discussion back to the August 11, 2020
Board meeting with an addendum to the survey as a report and discussion item.
Whereupon Mayor Koenig adjourned the meeting at 11:04 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk
Page 19
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado July 14, 2020
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 and Virtually in said Town of Estes Park on the 14t" day of
July, 2020.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, and Younglund
Also Attending: Town Administrator Machalek, Assi own Administrator
Damweber, Town Attorney Kram ording Secretary
Beers
Absent: One Vacancy
Mayor Koenig called the meeting to order at 5:3 .
POLICE TRAINING DISCUSSION.
Chief Kufeld provided an overview of recruitment, of applicants and the hiring
process for the Police Department(P e PD requir licants complete Colorado
Police Standards Training (POST) t for the process. He stated the
hiring process is thorough, and the pa ives a good fit within the
department and for members to be a in ity. He stated training is a
priority for the department w' 3,300 al the pa ol training budget in 2020 per
officer. He noted officers end ad al training as required by the passage of
the recent Act. He st ere perish skills where training must be completed
annually. In Augus 5, the artment uired body worn cameras, which have
proven effective ften be ' on idence in cases, and holds the officers
and the public acc le ested feedback regarding enforcement of
the Larimer County m irement. Chief Kufeld stated the department has received
several c egar ace coverings which have been forwarded to the Larimer
Count th ent. dded Officers and the Code Enforcement Officer stay
info on the He epa t requirements and updates to provide visitors and
bu ses with inform n on how to adhere to the regulations.
IN-PE BOARD TINGS.
Town Ad ator halek stated due to the COVID-19 pandemic the Board has
been meetin . Public health orders would allow for the resumption of in-person
Town Board gs, to include attendance by the public. He stated staff would
recommend adhering to strict social distancing and face covering precautions if the
Board decided to hold in-person meetings. He reviewed three options including:
continue with virtual meetings, resume in-person meetings or hold hybrid meetings
which would combine virtual and in-person participation. Staff recommends either virtual
or in-person due to the additional staff required to hold a hybrid meeting. He stated staff
support to facilitate the meetings would increase in a hybrid situation and the interface
becomes more complicated in a hybrid situation. He requested Board feedback on
preference for holding virtual/in-person meetings. The Board consensus was to continue
holding virtual meetings.
TRUSTEE 8�ADMINSTRATOR COMMENTS 8�QUESTIONS.
Trustee Cenac requested clarification on policies or procedures for Proclamations, and
the addition of a Board discussion on the TABOR clause with the LOOP at a future
study session meeting. Staff stated a TABOR loop discussion is tentatively scheduled
for a September meeting. Additionally, she requested a discussion on ways to celebrate
Page 20
RECORD OF PROCEEDINGS
Town Board Study Session—July 14,2020—Page 2
women in history in conjunction with the centennial anniversary of Amendment 19
allowing women the right to vote. Town Administrator Machalek stated staff would
research options and provide an update to the Board.
FUTURE STUDY SESSION AGENDA ITEMS.
None.
There being no further business, Mayor Koenig adjourned the meeting at 6:16 p.m.
Bunny Victoria Beers, Recording Secretary
Page 21
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Page 22
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
August 29, 2019 Board Room, Estes Park Town Hall
Commission: Chair Joe Calvin, Amy Plummer, Brad Klein, Don Darling
Attending: Members Calvin, Plummer, Klein, Darling
Also Attending: Interim Chief Building Official Gary Rusu, Community Development Director
Randy Hunt, Recording Secretary Karin Swanlund
Absent: none
Chair Calvin called the meeting to order at 4:00 p.m. Board members introduced themselves and
provided their area of expertise.
APPROVAL OF AGENDA:
It was moved and seconded (Darling/Plummer) to approve the agenda as presented and the motion
passed 4-0.
CONSENT AGENDA
Minutes from May 9, 2019
It was moved and seconded (Plummer/Klein) to approve the minutes as presented and the motion
passed 4-0.
PUBLIC COMMENT:
None
PURPOSE OF MEETING
The Board of Appeals meets as needed regarding matters of the Town of Estes Park's Division of
Building Safety. They are not a decision-making board but act as a Recommending Body to the Town
Board. They assist with the adoption of the new International Building Codes and local amendments
to those codes.
DISCUSSION ON FUTURE STAFFING OF BUILDING DEPARTMENT
Director Hunt introduced Safe Built employee Gary Rusu, who has been acting as Chief Building
Official since May. Two subjects were discussed: Process Improvements and the Safe Built Contract.
CBO Rusu spoke on the new process of using Laserfiche for online inspection requests and the 2+
hours of time per day this saves over phoning in requests. Contractors are now given two hour time
frames for inspections. Digital submittals are now being required for new plans. These are forwarded
to the Firestone office for review. This ensures that new plans are ready to be placed in an electronic
file, eliminating the need for excess papers and future scanning of backlogged files.
Vacation Home Life Saftey inspections have been slow during the summer months due to it being the
busy season. The pace will be picking up and the plan for the remainder of 2019 is to get an additional
Safe Built Inspector, 40 hours per week, to do these through augmenting the current contract. Funds
will be diverted from the vacant staffing salaries.
Page 23
RECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
August 29, 2019 Board Room, Estes Park Town Hall
Input for moving forward in 2020 is being requested. There are two basic options: Traditional model
of hiring in-house employees, or a full-service contract with Safe Built. Permit processing software,
called Community Core, would come with the Safe Built contract, further helping to organize and
update the building department. Community Connect, a part of Community Core, is already being
used for plan review submittals. This software would be "live" and save time and frustration, making
processes more efficient. The building department needs stability, which Safe Built can provide.
Pricing for the contract is typically a percentage of building permit fees. This could require a fee
increase in the future. The Town will not approve a contract past 2020 unless there is a "dependant
on budget approval" clause. Safe Built, based in Loveland, has contracts in towns of all sizes with
Florida having the largest amount. Rotating inspectors should not be an issue. The CBO has authority
to overrule a plans examiner. A plan submittal checklist is being written for a smoother and faster
submittal process.
Making a decision requires a review of the Town Budget process with the Town Board making the final
decision.
MEMBER COMMENTS:
Darling praised the convenience of the new processes. Of his three-four inspections, the process has
been positive. Other comments: The electronic response with approval or corrections is helpful to
contractors. It is essential to have consistent people doing the inspections and plan reviews due to
the unique nature of Estes Park. Plan reviews done out of town are not customer friendly and can be
frustrating. Having someone available locally, in the office, is a benefit to contractors. These
processes and improvements are expected from a Building Department. Stability is paramount.
Decisions should not be made on a monetary basis. Maintaining the same individuals is valuable,
especially in a small town.
REPORTS:
Board Member Tony Shiaffo's seat is open for a new member, preferably a Plumbing specialist.
The State has authorized local governments to reclaim electrical inspections.
ICC attendance is available to Board of Appeals Members in March.
There is a tentative meeting set in September for the Board to meet with the Building Contractors.
There is a study session scheduled for October 22 for practical decision making. Hearing from the
community is important
There being no additional business, the meeting was adjourned at 5:35 p.m.
Joe Calvin, Chair
Karin Swanlund, Recording Secretary
Page 24
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, March 5, 2020
Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Room 202 of the Estes Park Town Hall,
on the 5'" day of March, 2020.
Present: Rachel Balduzzi
Laurie Dale Marshall
Karen Randinitis
Sue Strom
Nancy Almond
Jodi Roman
Michael Moon
Also Present:Ron Norris, Town Board Liaison
Jason Damweber, Assistant Town Administrator
Suzanna Simpson, Recording Secretary
Carlie Bangs, Trustee
Absent: Christy DeLorme
John Bryant
Guests: Claire Bouchard, United Way of Larimer County
Katherine Chu, Communities That Care/Partners Mentoring Youth
Brian Schaeffer, Crossroads Ministries
Kimberly Baker, Larimer County/Communities That Care
Chair Dale Marshall called the meeting to order at 3:32 p.m.
PUBLIC COMMENTS:
Katherine Chu announced that she is resigning from her position at Larimer
County/Communities That Care and joining Partners Mentoring Youth as the Prevention
Education Program Manager based in Fort Collins. Kimberly Baker is taking over
Communities That Care work in Estes Park on an interim basis. They are currently
working on an arrangement to have a nonprofit take over the work of Communities That
Care.
Member Randinitis announced that the caregiver program at the library is full with a
waitlist. One issue that she encountered is the lack of ASL interpreters in the area, both
the issue of availability and affordability. The board discussed different resources for this
accessibility barrier. Chair Dale Marshall recommends University of Colorado Boulder as
Page 25
RECORD OF PROCEEDINGS
Family Advisory Board — March 5, 2020 — Page 2
a resource and Member Balduzzi recommended reaching out to the National Park
Service.
TRUSTEE LIAISON REPORT
Trustee Norris reminded the board of the upcoming election and encouraged the
members to determine which candidates will best represent the needs of the Family
Advisory Board. He also wants to be sure that the Family Advisory Board has current
links and resources on COVID-19 developments. The Town is working with the Larimer
County Department of Health & Environment and Estes Park Health for education and
resources. Assistant Town Administrator Damweber added that staff completed a
tabletop exercise where different scenarios were presented. The Town has a Continuity
of Operations Plan (COOP) and department directors understand their roles and how to
communicate to staff. The COOP identifies which services are absolutely essential and
how they would be able to provide those services with reduced staff. Public safety will
continue to operate even if Town Hall is shut down, but non-essential to the event services
such as visitor services will not continue. Another potential impact to the town is sales tax
revenue. The discussion on fund balance allocation is postponed to see if there are any
impacts to revenue.
APPROVAL OF FEB MINUTES:
It was moved and seconded (Moon/Randinitis) to approve the February meeting minutes
and the motion passed unanimously.
CONNECTION OPPORTUNITIES
Chair Dale Marshall announced a candidate forum hosted by the Estes Chamber of
Commerce and the Estes Park Nonprofit Resource Center to be held March 18.
Vice Chair Balduzzi announced that the EP Education foundation is holding a Polar
Plunge on March 7 from 10 a.m. to noon at Trout Haven.
Member Almond announced that April 15 is Speak Up For Kids at the Larimer County
offices in Fort Collins. April 4 is the Be Ready Fair. In the past the Town has had a
presence there, as well as read a proclamation for the Month of the Young Child. She
would like to know if the Family Advisory Board has any recommendations for how the
Town could be represented if the proclamation is to be part of that event, also that this is
a good opportunity to get feedback from families. Chair Dale Marshall will be present to
represent the Family Advisory Board. Trustee Norris offered to read the proclamation.
Assistant Town Administrator Damweber will follow up with the Town Clerk's office and
get back with Member Almond.
Page 26
RECORD OF PROCEEDINGS
Family Advisory Board — March 5, 2020 — Page 3
An update was provided on the Boys & Girls Club that commitments for the $50,000
needed to continue operations was secured. There is a potential challenge in
communicating that the summer program is still happening. Assistant Town Administrator
Damweber commented that there is a need to look at the future of the program and find
a way to ensure its sustainability.
Assistant Town Administrator Damweber announced that the League of Women Voters
is holding a forum for mayoral candidates tonight, with a forum for trustee candidates next
week. Trustee Bangs shared that the Trail Gazette has published a Q&A with the
candidates.
Member Strom announced that the Kindergarden Round Up is May 2.
Member Almond added that EVICS does backpacks for kids enrolled in
preschool/childcare program and they are currently at 75
CONTINUUM OF CARE UPDATE:
Claire Bouchard and Brian Schaeffer presented an update on the Continuum of Care
(COC). This program was previously part of a large conglomeration of counties that
received all of the federal grant funds to help those who needed assistance with food,
shelter, or other resources. As of January, 2020, northern Colorado now has their own
COC, serving as a coordinated effort between agencies. There was discussion around
how data is collected for disbursements in Estes Park. The current count of indivudals
receiving assistance is approximately 12-15 on a year-round basis, but that number goes
up in the summer. Crossroads is best place to start if an individual needs assistance.
Brian explained that this model helps to reduce the amount of paperwork and increases
data collected on individuals who need assistance. Chair Dale Marshall asked if
anonymity is possible? Brian responded that it does limit the options for services if the
individual is not participating in a coordinated effort. Another benefit of the program is that
the family of a participating individual is also entered into the system. The monthly
meeting takes place the first Wednesday of every month from 11 a.m. to noon at
Crossroads.
CHILDCARE FUNDING:
Assistant Town Administrator Damweber shared with board that he is trying to get up to
speed on their goals and the work done to date. He is working on a childcare funding
policy and will bring draft to the board for review. The policy will contain two sections—
First, the Town has indicated interest in contributing to capital items such as facilities,
equipment, and grants. He then wants to create a second part of the policy accounting
for non-capital items that do not fall into Community Initiative Funding pool. The Boys &
Girls Club is an example.
Page 27
RECORD OF PROCEEDINGS
Family Advisory Board — March 5, 2020 — Page 4
Assistant Town Administrator then shared with the board that he was interested in
accelerating the conversation around goals and focus areas since the strategic planning
process for the Town will begin soon. It is important for the Family Advisory Board to
quickly decide on the top barriers to family success as stated in the focus area for 2019
and 2020 and make solid recommendations to the Town Board. He believes a good place
to start is recommending funding. He has looked at real property assets, but will need
advocacy for the Town Board to consider using these facilities to increase the capacity
for childcare. Trustee Bangs shared that the Transportation Advisory Board completes a
priority exercise in a matrix. She will share with Executive Assistant Simpson to distribute
to the Family Advisory Board. Member Moon expressed concern about the lack of
community awareness for the difficulties certain populations face to live and work here.
Member Roman added that while this is an issue, it might make more sense to start with
solid recommendations to the Town Board for action items that can be completed soon.
Trustee Bangs shared that the Transportation Advisory Board makes recommendations
such as new sidewalks or roundabouts, which are implemented and have a positive
impact on the community. Member Moon added that he believes awareness is more
important than funding at this time. Member Bryant stated that he believes the Town
Board acting on recommendations from the Family Advisory Board is a good way to raise
awareness. Chair Dale Marshall thanked Assistant Town Administrator Damweber for
moving the discussion forward and expressed the concern she has had about the focus
on awareness and data, and the difficulty of acting until awareness has been achieved.
She appreciates the direct approach from Assistant Town Administrator Damweber.
Discussion continued on the need for awareness versus making a funding
recommendation to the Town Board. The Family Advisory Board will call a special
meeting to complete the exercise on identifying barriers to family success and be ready
to firm up the recommendations at the April meeting. Executive Assistant Simpson will
schedule the meeting for Thursday, March 12 and confirm with the board. Trustee Norris
added that even though the April meeting will be his last, he is happy to continue assisting
the Family Advisory Board with advocacy.
OTHER BUSINESS:
Seeing no further business, the meeting was adjourned at 5:23 p.m.
NEXT MEETING
The next regular meeting of the Family Advisory Board will take place Thursday, April 2
at 3:30 p.m. in room 203 at Town Hall. There is a tentative special meeting scheduled for
Thursday, March 12 at 3:30 p.m. in room 203 at Town Hall.
Suzanna Simpson, Recording Secretary
Page 28
i
T��N o� ESTES PARr
Memo �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 28, 2020
RE: Three Year Extension with Hays Companies, Inc. for Employee Benefit
Services, $29,000 Annually— Pending Budget Appropriations
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
To continue the Town's relationship with Hays Companies, Inc. to provide employee
benefit services for an additional three years.
Present Situation:
The Town currently contracts with Hay Companies, Inc. to provide employee benefit
services, including medical, dental, vision, life insurance and other related services.
The Town entered into an agreement on July 1, 2015 for a five year agreement pending
budget appropriations.
The Town completed an RFP in 2015 to seek a strong strategic partner to assist the
Town with the benefits offered to the employees to ensure the Town remains
competitive. Over the past five years, Hays has gone above and beyond to assist the
Town in this effort and have proven to be an asset to the Town. Their partnership has
grown the benefit package offered to employees while carefully considering the impacts
to the Town budget. Hays has been an invaluable partner.
Proposal:
Staff proposes to forego an RFP process for this service and renew a three-year
contract at the current rate of $29,000 annually with Hays Companies, Inc. Staff has
developed an exceptional working relationship with the Hays team and finds
tremendous value in maintaining the current relationship.
Advantaqes:
• Continuity of operations.
• Staff time can be dedicated to other HR tasks if an RFP does not have to be
produced, submittals evaluated and interviews held of top brokers.
Page 29
Disadvantaaes:
• The Town may receive a lower cost proposal for this service from a competitor.
Action Recommended:
Staff recommends continuing the relationship with Hays Companies, Inc. for an
additional three years.
Finance/Resource Impact:
Cost would remain at current levels during the next three years at $29,000 annually.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny a contract with Hays Companies Inc. for employee benefit
services at a cost of$29,000 annually for three years.
Attachments:
1. Insurance Services Agreement
Page 30
INSURANCE SERVICES AGREEMENT
This Insurance Services Agreement ("Agreement") is made and entered into effective this 15t day
of July 2020, by and between Hays Companies, Inc. ("Company") and Town of Estes Park
("Client").
WHEREAS, the Client desires to retain the Company to perform certain insurance-related services
as set forth in this Agreement; and
WHEREAS, the Company is in the business of providing such services;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Services.
1.1 General. The Client hereby retains the Company, upon the terms and conditions set forth
herein, to provide the services set forth in this Agreement regarding the following lines of
Health and Welfare benefits:
Medical COBRA
Dental Long-Term Disability
Vision Employee Assistance Program (EAP)
Basic/Voluntary Life/AD&D
Flexible Spending Account(FSA)
1.2 Types of Services. The Company and/or its affiliates shall provide the following services to
the Client under this Agreement:
1. Review the Client's Employees Benefits Program, on a continuing basis to ensure that
those plans are compliant with federal requirements and their adequacy of benefits with
respect to other plans. Recommend alternative benefit designs or delivery systems as
dictated by emerging plan costs or benefit practices.
2. Review and reaffirm changes to the goals and objectives of the benefit design. Notify,
monitor and provides information on pending or new legislation including, but not limited to,
Patient Protection and Affordable Care Act and HIPPA and changes in tax laws. Consult
on benefit and funding trends that may affect the benefits program, applying assumptions to
various scenarios, often with only a few hours' notice. Advise Client of market and like
business benefit trends. Recommend appropriate action to be taken by the Client's
Employee Benefits Program.
3. Annually, provide a formal analysis and benchmark report of Client's Employee Benefits
Program in comparison to competitors.
4. Provide the Client's Employee Benefits Program with (1) writing plan modifications and new
plans (2) assisting in the amendment approval process (3) submitting written reports and
other documents as required by the Federal Government and (4) evaluate potential benefit
plan cost reductions.
5. Collect schedules from Client's TPA/carriers and prepare 5500 Forms for any and all health
and welfare programs.
6. Prepare/develop "Request for Proposal" for products necessary to implement the benefit
plans or for competitive analysis of marketplace costs to ensure Client receives the best
possible pricing.
1
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7. Manage the vendor renewal/selection process, including contract negotiations with the
third-party administrator (TPA) or insurance carrier.
8. Review contracts, plan documents, summary plan descriptions, insurance policies and
other documents for applicability, accuracy and consistency. Prepare and deliver necessary
reports to the Client's Employee Benefits Program.
9. Prepare alternative funding analysis and conduct actuarial analysis of claims reserves and
funds requirements as requested.
10. Provide any necessary actuarial services, including projecting funding needs for upcoming
fiscal year.
11. Maintain records of the financial and claims experience, condition, and progress of Client's
plans and provides quarterly reports.
12. Review all benefit services for technical accuracy.
13. Participate with Client when requested in communications and actions with the insurance
and healthcare reimbursement carriers; and with boards or other independent bodies.
14. Prepare the Client's Employees Benefit Program and wellness communication materials.
Provide print ready communication materials.
15. Conduct employee education meetings as requested.
16. Personal availability for meetings as required. Provide a backup service person that is
knowledgeable about the Employee Benefits Program.
17. Adjudication of specific claims when requested by Client.
18. Discuss and coordinate information with other consultants employed with Client when
requested.
19. Participate in appropriate audits of vendors, based on a statistically valid stratified random
sample that achieves a minimum 95% confidence level and prepare comprehensive and
detailed reports, and recommendations of the audit findings, review results with Client's
plan administrators. The audit will include, but not be limited to, the following:
o A detailed operation review of the third-party claim administrator, which includes, but
is not limited to,
• Claims payment system;
• Claims procedure and office work flow;
• Forms and communication process;
• Training programs and employee evaluation process,
• Exception processing;
• Cost containment procedures;
• Quality and quantity of procedural manuals provided to claims processing,
customer service, etc.
• Internal audit system;
• Mail receipt and tracking;
• Evaluation of the security of records and data;
• Evaluation of customer service, including communication of the Plans'
benefits, policies and procedures; and
• Security and override procedures relating to approval of claims and access
to records.
o A comprehensive, objective review of 100% of the received and processed claims to
determine whether the claims are adjudicated according to contractual performance
standards, appropriate benefits, and industry standards which includes, but is not
limited to,
• A statistically valid stratified random sample that achieves a minimum 95%
confidence level;
• On-site review of transactions processed by the third party claims
administrator, including the reprocessing of claims to evaluate the third party
claims administrators process and systems relating to such areas as:
2
Page 32
eligibility, coding, pricing including proper application of allowable charge
and discount arrangements, deductible accumulators, identification of
duplicate bills, application of Plan benefits, COB, medical necessity,
ineligible/eligible charges, compliance with the Plans' Master Plan
Document, timeliness of processing, interaction with other vendors, and file
documentation;
20. Provide liaison services between Client's Employee Benefits Program and other benefits
contractors, including coordination of reporting and assistance resolving claims.
21. Prepare the quarterly financial reports for the self-funded plan. Conduct quarterly meetings,
or more often if necessary, to review the financials, utilization and benefits design.
22. Manage annual open enrollment process with TPA/Carrier.
23. Prepare strategic plan for Client's Employee Benefits Program.
24. Provide ongoing customer support to address claims, billings, benefit, eligibility and other
service issues.
25. Perform special projects as requested by Client. For example:
• Develop and assist in implementation of new insurance plans.
• Assist in drafting, reviewing, issuing and evaluating requests for proposals and
invitations to bid.
• Advise Client in contract negotiations and renewals.
• Assist in developing the costs associated with various issues involving the benefit
plans.
• Assist with special employee communication projects, which may result from
legislative or regulatory changes.
• Prepare special reports showing claims experience.
26. Responsible for maintaining the confidentially of Client's records and data, which cannot be
sold, shared or otherwise disclosed to other companies or individuals without written
permission from Client's Employee Benefits Plan Officials.
27. Assist Client with the development of performance guarantees relating to vendors'
performance of services to the Client's Benefits Plan Administrator and evaluate the
performance of vendors.
28. Provide medical and dental management oversight including, but not limited to
precertification requirements, paid claims, prescription drug utilization and high cost
claims/stop loss.
29. Assist Client with wellness programs and provides continuing consultative services for the
development and improvement of Client's wellness program.
30. Provide recommendations on voluntary benefit plans.
1.3 Information. The Company shall make available to the Client upon its request documents
and information reasonably requested relating to the Client's account. The Client shall
provide to the Company all information reasonably requested by the Company to fulfill its
obligations under this Agreement. The Client shall report to the Company any material
changes in its exposures, loss or other relevant items which are pertinent to the provision of
services under this Agreement. The Company may rely on all information provided by the
Client and on all decisions made and approvals given by the Client about this Agreement.
The Company is under no obligation to verify the accuracy or completeness of the
information provided by the Client, and the Company shall have no liability or responsibility
for any inaccuracies in the information provided by the Client. The Company may supply
information provided by the Client to any insurance company or intermediary or employee
as necessary to fulfill its obligations under this Agreement but will otherwise take
reasonable steps to ensure the confidentiality of such information.
3
Page 33
1.4 Placement of Insurance. The Company is hereby authorized to assist the Client in
discussions and transactions with insurance companies, provided that the Company shall
not place any insurance coverage on behalf of the Client unless authorized by the Client to
do so. The parties acknowledge that the Company sells insurance and that the Client is
under no obligation to purchase any insurance through the Company and that the Company
does not have the authority to make binding commitments on behalf of any insurance
company. Upon request, the Company shall provide to the Client additional information
about its licensure status and the companies by which it is appointed to sell insurance.
1.5 Additional Available Services. The Company may be able to make available to the
Client, for an additional negotiated fee, additional services. The Client may consult with the
Company if it needs additional services.
2. Compensation. The Client shall pay to the Company the following negotiated fees, which the
parties agree are reasonable in relation to the services to be performed under this Agreement:
2.1 Fees. Company will perform its services on a fee basis. Client shall pay the Company an
annual fee of $29,000.00, payable monthly. Client shall remit payment to the Company
within thirty (30) days of receipt of each such invoice, if applicable. Annual fee will be
guaranteed not to increase until July 1, 2023.
2.2 Substantial Changes. If there are significant changes in the Client's operations which
materially affect the nature and scope of the Company's obligations under this Agreement,
the Company and the Client shall negotiate in good faith an appropriate modification of the
fees payable under this Agreement.
3. Term of Aqreement.
3.1 Duration. This Agreement shall remain in effect for three (3) years after the effective date
and may be extended for subsequent periods by mutual written agreement of the parties.
3.2 Termination. The Company or the Client may terminate this Agreement without cause at
any time upon thirty (30) days written notice. Either party may terminate this Agreement
without notice and for cause, which shall include a material breach of this Agreement,
including non-payment of fees, gross negligence, or illegal act by the other party. In the
event of an early termination of this Agreement, the Company's fee will be deemed earned
on a pro-rata basis except when policies of insurance have been substantially negotiated or
placed, in which event, the minimum earned fee shall be no less than 50% of annual fee
stated in paragraph 2.1.
4. Sources of Insurer Compensation. The Company may, whether related or unrelated to
the services provided under this Agreement, be compensated from insurance companies
in a variety of ways, including the following:
4.1 Regular Commissions. Insurance companies with which the Company places business
generally pay the Company commissions for the placement or renewal of policies. In most
cases, such commissions are calculated as a percentage of the premium paid to the
insurance company for a specific policy and are included in the Client's premium costs.
Occasionally the commission may be a fixed amount negotiated between the Company and
the insurance company.
4
Page 34
4.2 Contingent Commissions and Other Incentive Payments. Many of the insurers with
which the Company places business grant the Company the opportunity to receive
contingent commissions or supplemental income. Unlike regular commissions, contingent
commissions and supplemental income are not tied to a specific policy, but rather are
generally tied to various criteria relating to the overall business the Company places with
those insurers, typically measured on an annual basis. These contingent commissions and
supplemental income may be based on several factors relating to the business placed by
the Company with the insurance company, including growth in premium, loss ratios, total
written premium, premium volume, retention of business, profitability and/or other criteria.
In connection with the placement of insurance, the Company may also receive
compensation from intermediaries, such as wholesalers, other agencies and brokers, or
re-insurers. In addition, some insurance companies offer the Company other incentives or
payments, such as marketing or administrative support, promotional fees, educational
costs, and/or prizes, gifts, or awards (e.g. meals, trips, etc.). In some cases, the Company
may enter into relationships with an insurance company whereby the Company provides
the insurer with additional services for which the Company receives a fee, such as premium
finance contracts, policy or claims administration, or loss control services. In some cases,
the Company may own stock in an insurance company or reinsurance company.
4.3 Interest Income. In some cases, where the Client pays for insurance policies through the
Company, instead of by direct payment to the insurance company which issued the policy,
the Company may receive income from interest occurring on amounts held for payment to
insurers.
4.4 Additional Information Available. The Company will disclose to the Client upon its
request, to the extent reasonably possible, the actual or anticipated compensation the
Company receives in connection with the issuance or placement of insurance business on
behalf of the Client and will upon the Client's request provide additional information about
the Company's contingency fee and supplemental income arrangements with insurance
companies.
5. Miscellaneous.
5.1 Independent Contractor Status. This Agreement is one of an independent contractor
relationship and does not constitute any type of employment, partnership, joint venture, or
similar undertaking between the Company and Client.
5.2 Legal Responsibility. Neither party shall have liability for any failure or delay in
performance of its obligations under this Agreement because of circumstances beyond its
reasonable control, including, without limitation, acts of God, fires, floods, earthquakes, acts
of war or terrorism, civil disturbances, sabotage, etc. The Company shall not be responsible
for the solvency or claims payments or denials of any insurance company. The Company
shall not be responsible for the adequacy or effectiveness of any insurance policies or
programs arranged by another broker prior to the retention of the Company. Within four (4)
months after being retained by the Client, however, the Company shall review the Client's
existing insurance programs and policies and make recommendations to the Client
concerning its insurance programs. The Company shall not be liable for any special,
consequential, or punitive damages or for any lost profit or other economic loss in
connection with, or arising out of, services provided under this Agreement.
5
Page 35
5.3 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado without reference to its conflicts or choice of law
principles.
5.4 Entire Agreement. This Agreement constitutes the entire and complete understanding of
the parties with respect to the subject matter contained herein and supersedes all prior oral
or written agreements, understandings, and negotiations with respect to such matters. This
Agreement may be modified or amended only in a writing signed by the parties.
5.5 No Waiver. No failure or delay on the part of any party in exercising any of its rights,
powers, or remedies hereunder shall operate as a waiver thereof.
5.6 Assignments. This Agreement may not be assigned by either party without the prior
written consent of the other.
5.7 Severability. The invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed in all respects as
if the invalid or unenforceable provision had been omitted.
5.8 Taxpayer Bill of Rights (TABOR). All of the Client's financial obligations under this
Agreement are contingent upon appropriation, budgeting, and availability of specific funds
to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or
indirect multiple fiscal year financial obligation, a pledge of the Client's credit, or a payment
guarantee by the Client to the Company.
COMPANY: Hays Companies, Inc.
By:
its:
Print Name:
CLIENT: Town of Estes Park
By:
its:
Print Name:
6
Page 36
T�V�N �F E,STES PARI�
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten
Date: July 28, 2020
RE: Resolution 47-20 Approving the Second Amendment to the
Intergovernmental Agreement for the Funding and Coordination of a Joint
Compensation Study between Platte River Power Authority, Fort Collins,
Longmont, Loveland and Estes Park
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT X RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES �NO
Obiective:
Improve the quality of service by attracting and retaining staff with competitive wages.
Being good stewards of electric customer funding by consolidating common work with
Platte River Power Authority, Fort Collins, Longmont, and Loveland.
Present Situation:
In 2013 the four municipalities and PRPA collaborated on compensation studies to
determine current market wages for the electric industry. This helps the municipalities
and PRPA by staying competitive with wages which will help us attract and retain
qualified individuals with knowledge, skills, and abilities to enhance our mission of
providing high quality and reliable service.
Electric Power staff turn-over has been a systemic problem. Over the past 10 years, we
have only been able to hire two Journey Lineworkers. We have instead, hired
apprentice lineworkers, investing four to five years in training and approximately
$352,000 each for them to become Journey Lineworkers. Over that same period, 17 of
those apprentices left Estes Park.
The following images illustrate the 2019 movement of staff for the four municipalities
and the lost investment.
Page 37
Movement of �lectric Ops Staff—in 2019
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i� � � Xcel Energy�
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r�
City of Loveland
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tITY O F ���
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Mo�ement of Electric Ops Staff- 1 year
7atal Training Value 7ransferred af$ 1,144,Oa0*
_ - 5 z6a,aaa
$$$,��� ��l�y � Xcel Energy�
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�� $352,000 Value
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\ValEe}' J tangible output,plus
$ve,aoa value direct training costs
Proposal:
Staff proposes approval of the IGA.
Advantaqes:
• Help us to have more data for the Town's competitiveness with similar entities
• Minimal cost for a wage study is specific to the power and communications field
Page 38
Disadvantaqes:
• There is a cost to study; however, Electric Power staff turn-over has a larger cost
Action Recommended:
Staff recommends approving the IGA.
Finance/Resource Impact:
$875.69, budgeted
Level of Public Interest
Low
Sample Motion:
This will be on the consent agenda.
Should it be removed the following sample motion could be used.
I move to approve/deny Resolution 47-20.
Attachments:
1. Resolution 47-20
2. Intergovernmental Agreement
Page 39
ATTACHMENT 1
RESOLUTION 47-20
A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION
OF A JOINT COMPENSATION STUDY
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of consolidating work at Platte
River Power Authority, supporting operations at Fort Collins, Longmont, Loveland and
Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page 40
ATTACHMENT 2
SECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
FOR THE FUNDING AND COORDINATION OF A
JOINT COMPENSATION STUDY
This Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a
Joint Compensation Study("Amendment") is made and entered on the day of .
2020, by and between Platte River Power Authority, a Colorado political subdivision ("Platte River"),the
Town of Estes Park ("Estes Park"),the City of Fort Collins, a Colorado municipal corporation ("Fort
Collins"), the City of Longmont, a Colorado municipal corporation ("Longmont"), and the City of
Loveland, a Colorado municipal corporation ("Loveland"). The listed municipalities may be referred to
collectively as"Municipalities".
RECITALS
a. In order to attract and maintain employees with the unique skills necessary to manage and
operate retail electric distribution systems,the Municipalities previously recognized a
common need for reliable data reflecting the compensation levels offered by utilities with
whom the Municipalities compete for employees.
b. The parties entered into an Intergovernmental Agreement for the Funding and Coordination
of a Joint Compensation Study, dated April 11, 2013, and amended on November 20, 2017,
to combine resources for the preparation of a joint compensation study ("IGA").
c. The parties desire to amend the IGA to combine resources for the preparation of an
updated joint compensation study.
d. The results of an updated compensation study related to electric distribution utility systems
has no relevance to Platte River, but Platte River is willing to pay for one half the total cost
of the updated compensation study and to coordinate the performance of the updated
compensation study for the benefit of the Municipalities provided it is reimbursed for the
remaining balance of costs incurred in retaining a third-party consultant to conduct the
research.
AGREEMENT
1) Platte River agrees to pay for one half of the total cost of the updated compensation study and to
coordinate the performance of an updated joint compensation study for the benefit of the
Municipalities. Coordination will include activities undertaken in conjunction with the
Municipalities, including but not limited to, developing a mutually agreeable scope of work and
contracting with the consultant that will perform the joint compensation study update.
2) The Municipalities agree to reimburse Platte River for the remaining balance of amounts paid to the
consultant under the contract to perform the joint compensation study update,such amounts to be
calculated pursuant to EXHIBIT A, attached hereto, and replacing EXHIBIT A attached to the IGA.
Platte River will bill each of the Municipalities separately,with payment due twenty (20) days after
receipt of the billing.
3) Unless specifically amended by this Amendment, all terms and conditions of the IGA shall remain
the same.
Page 1 of 5
Page 41
4) This Amendment may be executed in counterparts, each of which shall be deemed to be an original
and all of which together shall constitute one original agreement.
5) If any term or provision of this Amendment shall be adjudicated to be invalid, illegal or
unenforceable,this Amendment shall be deemed amended to delete therefrom the term or
provision thus adjudicated to be invalid, illegal or unenforceable and the validity of the other terms
and provisions of this Amendment shall be not affected thereby.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment the day and year set forth
above.
PLATTE RIVER POWER AUTHORITY ATTEST:
By: By:
General Manager/CEO Secretary
APPROVED AS TO FORM:
By:
Deputy General Counsel
TOWN OF ESTES PARK,COLORADO ATTEST:
By: By:
Mayor Town Clerk
CITY OF FORT COLLINS, COLORADO ATTEST:
By: By:
City Manager City Clerk
APPROVED AS TO FORM:
By:
Deputy City Attorney
Page2of5
Page 42
CITY OF LOVELAND, COLORADO ATTEST:
By: By:
City Manager City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
CITY OF LONGMONT,COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM AND SUBSTANCE:
By:
Director of Longmont
Power& Communications
APPROVED AS TO FORM:
By:
Assistant City Attorney
PROOFREAD:
By:
Page 3 of 5
Page 43
EXHIBIT A
The actual costs of retaining an independent consultant to perform the updated Joint Compensation
Study will be split among Platte River and the Municipalities according to the following formula: 1) one
half of the actual costs will be paid by Platte River; and 2) one half of the actual costs will be apportioned
among the Municipalities in proportion to equity share of energy sales from Platte River to each
Municipality during 2018. The total of actual costs will not exceed $42,000.00 absent written
modification of this EXHIBIT A.
Attached is an example of the cost responsibility for Platte River and the Municipalities based on the
actual costs of the updated Joint Compensation Study being$42,000.00
Page 4 of 5
Page 44
PLATTE RIVER POWER AUTHORITY
2020 Compensation Study Allocation Shared with Municipalities
Costs Based on $42,000 Estimate
(Costs Share%z Platte River and %z Municipalities Based on Equity Share of 2018 MWh Sales)
Share of Equity Share Share of
Party First 2018 Energy of 2018 second Party
$21,000 Sales(MWh) Energy Sales $21,000 Share
I Platte River I $21,000.00 I - I - I $0.00 I $21,000.00 I
I Estes Park I $0.00 I 132,722,351 I 4.28% I $898.80 I $898.80 I
I Fort Collins I $0.00 I 1,545,583,315 I 48.06% I $10,092.60 I $10,092.60 I
I Longmont I $0.00 I 807,217,867I 26.10% I $5,481.00 I $5,481.00 I
I Loveland I $0.00 I 743,016,235I 21.56% I $4,527.60 I $4,527.60 I
Total $21,000 3,228,539,768 100% $21,000 $42,000
Page 5 of 5
Page 45
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Page 46
i
T��N o� ESTES PARr
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten, Attorney Kramer
Water Superintendent Eshelman
Date: 28 July, 2020
RE: Resolution 48-20 Water Supply Agreement with
Gunter and Gloria Preuss of Saddle Notch Ranch
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Support the environmental condition of rivers and the economic conditions of our
surrounding area by supplying replacement water.
Present Situation:
The State regulates the use of water to ensure the rivers are "kept whole." Most water
users must replace the water consumed and not returned to the stream or aquifer. A
Water Court-approved Augmentation Plan provides the ability to replace the consumed
water.
The Town has several agreements to provide replacement water, including; Glacier
View, the Continental Water Bank, Marys Lake Campground, Cheley Camp, and, most
recently, the Idlewild Water Users Association.
The augmentation plan for Saddle Notch Ranch requires 1 acre-foot of replacement
water each year. We have sufficient water rights to meet the Saddle Notch Ranch
obligations. The financial compensation is consistent with the market value of the water
and covers our administrative costs.
Proposal:
The Water Supply Agreement for Saddle Notch Ranch compensates the Water Division
$120,000 for one acre-foot of replacement water per year. The agreement's duration is
fifty-years with an option to extend it for an additional fifty years.
Page 47
Advantaqes:
• Replacement water keeps the river whole which supports the Town's mission be good
stewards of our natural setting
• Providing replacement water for augmentation plans preserves the property value of our
surrounding communities.
• The funds will help the Water Division with its $70 million backlog of capital replacement
projects.
Disadvantaqes:
• The agreement can last for 100 years; however, the original agreement was in perpetuity
which we did not agree with
• There will be associated expenses; however, the agreement compensates for those
expenses and, overall, has a net gain by monetizing a small portion of our water rights
with little to no risk
Action Recommended:
Staff recommends approval
Finance/Resource Impact:
Water Division revenue increase of $120,000
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the resolution
Attachments:
1. Resolution 48-20 Approving the Water Supply Agreement with Gunter and Gloria
Preuss of Saddle Notch Ranch
2. Water Supply Agreement (Executed by Preusses)
3. Escrow Agreement (Executed by Preusses)
Page 48
ATTACHMENT 1
RESOLUTION 48-20
APPROVING THE WATER SUPPLY AGREEMENT WITH GUNTER AND GLORIA
PREUSS OF SADDLE NOTCH RANCH
WHEREAS, the Town acting by and through its Water Activity Enterprise desires to
enter into the Water Supply Agreement to provide replacement water for the Saddle Notch
Ranch augmentation plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the Water Supply
Agreement in substantially the form now before the Board.
DATED this day of , 2020
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page 49
ATTACHMENT 2
WATER SUPPLY AGREEMENT
THIS WATER SUPPLY AGREEMENT, ("Agreement")is made and entered into
as of the day of July, 2020, by and between the TOWN OF ESTES PARK, a
Colorado a municipal corporation (the "Town"), and Gunter and Gloria Preuss (the
"Preusses"). The Town and the Preusses are jointly referred to herein as the ("Parties").
WITNESSETH:
WHEREAS,the Town is the owner of units of Windy Gap Project Water("Windy Gap
Water")as such units are defined in the Allotment Contract between the Municipal Subdistrict of
the Northern Colarado Water Conservancy District("'Municipal Subdistrict")and the Town. The
Town utilizes its Windy Gap Water as part of an augmentation and exchange plan decreed in
Case No. 97CW126, District Court,Water Division 1.
WHEREAS, the Preusses own the Saddle Notch Ranch ("Ranch") as legally
described on the attached Exhibit A. On the Ranch there are three ponds that are filled with
water from springs or surface water tributary to, ar part of, Saddle Notch Gulch which in
turn is tributary to Cottonwood Creek, a tributary of Dry Creek which is tributary to the Big
Thompson River.
WHEREAS, the Preusses are in need of supply water to replace or augment the
depletions to the Big Thompson River caused by the evaporation of water from the ponds
on the Ranch.
WHEREAS,pursuant to this Agreement,the Preusses seek to secure from the Town
a source of water to use as replacement ar augmentation water in an augmentation plan
("Augmentation Plan") to be filed in the District Court for Water Division 1, State of
Colorado ("Water Court").
WHEREAS, tbe Town is willing to provide up to one acre-foot annually of the
Town's reusable Windy Gap Water ("Windy Gap Effluent") plus transit losses to the
Preusses to be used as augmentation water ("Augmentation Water") in the Augmentation
Plan, in accordance with the terms and conditions of this Agreement. Transit losses to the
point of replacement (the confluence of the Big Thompson River and Dry Creek) will be
assessed by the District 4 Water Commissioner but the Town shall not be responsible far
more than one twentieth(0.05) of an acre foot annually.
WHEREAS, there is a possibility that prior to the Augmentation Plan being approved
by the Water Court, the Preusses will request the Town to release up to 1.05 acre feet of
Augmentation Water annually as part of a temporary administrative approval of a Substitute
Water Supply Plan ("SWSP") and the Parties desire to anticipate that contingency.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Town and the Preusses hereby agree as follows:
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Page 50
1. Term. The term of this Agreement shall be far fifty years commencing on the date
of the entry of a�nal unappealable decree by the Water Court approving the Augmentation
Plan("Initial Term"). The Preusses,their successors and assigns may extend the term of this
Agreement far one additional �fty year term (`Bxtended Term") by giving a written notice
of an extension ("Notice to Extend") to the Town within ninety (90) days before the
expiration of the Initial Term of the Agreement along with a payment of ten dollars ($10).
If the Town does not receive the Notice to Extend in a timely fashion during the Initial Term,
it shall provide a notice of expiration ("Notice of Expiration") to the Preusses and the
Preusses shall have thirty (30) days to provide a Notice of Extension to the Town ("Cure
Period"). If the Preusses fail to provide the Notice of Extension during the Cure Period,this
Agreement shall be terminated and the obligation to provide Augmentation Water to the Big
Thompson River will have ceased. If at any time during the Initial Term or the Extended
Term, the Town believes that the Preusses are not obligated to provide the Augmentation
Water to the Big Thompson River pursuant to the Augmentation Plan, the Town may give
notice to the Preusses and the Preusses shall have thirty (30) days to provide the Town with
a notice that the obligation remains ("Notice of Contest"). If the Preusses do not provide the
Notice of Contest, the Agreement shall be terminated. If the Preusses provide the Notice of
Contest, the Agreement shall continue in full force until the Preusses agree to a termination
or a final unappealable court order is entered determining that the Augmentation Plan is not
in effect and the obligation to provide Augmentation Water to the Big Thompson River has
ceased.
2. Release �f Augmentati�n Water. The Town agrees to release the Augmentation
Water to the Big Thompson River during the term of this Agreement. The Preusses shall
provide the Town an estimate of anticipated monthly Augmentation Water requirements,
and the Parties shall coordinate with each other and the District 4 Water Commissioner as
necessary concerning the amount and timing of the release of the Augmentation Water.
3. Use of Au�mentation Water. The Augmentation Water shall only be used pursuant
to the Augmentation Plan. The Augmentation Water shall not be sold, transferred,
exchanged, traded, or otherwise disposed of by the Preusses.
4. Delivery of and Accountin� for Au�mentation Water. The Town shall be
responsible far delivery of the Augmentation Water to the Big Thompson River in
accordance with the District 4 Water Commissioner's requests. The Town, if requested, shall
provide an accounting of the releases. The Preusses shall be responsible for any accounting
that is required to be filed pursuant to the Augmentation Plan.
5. C�nsiderati�n. Upon execution of this Agreement, the Preusses shall: 1. Deposit
thirty thousand dollars ($30,000) into an escrow account (the "Escrow Account"); and 2.
Pay to the Town two thousand �ve hundred dollars ($2,500) to reimburse the Town far its
administrative costs and attarneys' fees in entering into this Agreement. Within fifteen (15)
days after the entry of a final unappealable decree by the Water Court approving the
Augmentation Plan, the Escrow Agent shall release the funds in the Escrow Account
including any accrued interest to the Town and the Preusses shall pay to the Town by wire
transfer or certified funds ninety thousand dollars ($90,000). If within fifteen(15) days after
the entry of a final unappealable decree by the Water Court approving the Augmentation
Plan the Town has not received the ninety thousand dollars ($90,000) payment from the
2
Page 51
Preusses the Town shall have the right to terminate this Agreement after it has given notice
of intent to terminate to the Preusses or their assigns pursuant to Paragraph 7 below unless
the ninety thousand dollar($90,000)payment is received by the Town within the thirty (30)
day cure period. In the event of such a default by the Preusses, the Town shall be entitled to
retain the thirty thousand dollars ($30,000) and this Agreement shall be terminated. If no
final unappealable decree is entered by the Water Court approving the Augmentation Plan
on or before December 31, 2023, or if the Augmentation Plan is withdrawn or dismissed,
the Escrow Agent shall return the funds in the Escrow Account to the Preusses or their
assigns,and this Agreement shall terminate and be of no force or effect. The Escrow Account
shall be managed by Colorado Escrow and Title Services, Inc., (the "Escrow Agent")
pursuant to the terms of the Escrow Agreement attached to this Agreement. Unless and until
the Town receives the payments specified above, it shall be under no obligation to provide
or release any Augmentation Water. If the Agreement is terminated,the Town shall have no
obligation to provide ar release the Augmentation Water.
6. Releases Pursuant t� a SWSP. If the Town is requested by the Preusses to make
releases of Augmentation Water before the entry of a final unappealable decree by the Water
Court approving the Augmentation Plan, the Preusses shall make payment to the Town of
two thousand five hundred dollars ($2,500) far releases while the Augmentation Plan is
pending in the Water Court.
6. Costs and Char¢es.The Town shall be responsible for payment of all carriage,pumping,
and Bureau of Reclamation charges allocated and accrued to the Windy Gap Water. The Town
shall also be responsible for any firming ar collateralizing expenses, which it incurs as a result
of its firming the yield of its Windy Gap Water due, without limitation, to storage of water or
borrowing of Colorado Big Thompson Water.
7. Reme�3ies f�r Defanit. A default shall be deemed to have occurred if either party
breaches its obligations hereunder and fails to cure such breach within thirty(30) days of the
non-breaching party's written notice, specifying the breach. Waiver or failure to give notice
of a particular default ar defaults shall not be construed as condoning or acquiescing to any
continuing or subsequent default. In addition to other legal remedies available to it for a
default, including speci�c performance and damages.
8. Force Maieure. In the event the Town's performance under this Agreement is
prevented due to a Force Majeure Event (a "Force Majeure Event"), then the performance by
the Town shall be delayed until the Force Majeure Event allows the Town's performance,
provided that the Town must send written notice to the Preusses within twenty(20) days of the
occurrence of a Force Majeure Event. The term"Force Majeure Event"shall mean actual events
occurring beyond the reasonable control of the Town, notwithstanding diligent efforts, such as,
but not limited to,acts of God; severe and unusually adverse weather conditions; severe drought
or conditions existing in anticipation of a severe drought; delays in obtaining any necessary
governmental approvals or permits beyond normal process times; any delay, war, terrorism or
its after effects; fire or other casualty; strikes or work stoppages which prevent the Town from
performing its obligations under this Agreement.
3
Page 52
9. Recordation and Successors and Assi�ns. This Agreement shall be recorded in the real
estate records of Larimer County, Colorado and shall bind and benefit the heirs, successors and
assigns of the Preusses in the ownership of the Ranch as described in Exhibit A.
10. Entire A�rPPment. This Agreement constitutes the entire agreement between the
Parties and supersedes all other prior and contemporaneous agreements,representations, and
understandings ofthe Parties regarding the subject matter ofthis Agreement.No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing
by the Parties. No representations ar warranties whatever are made by any party to this
Agreement except as specifically set forth in this Agreement or in an instrument delivered
pursuant to this Agreement.
11. Full Authoritv.The undersigned represent that they have full authority to enter into this
Agreement on behalf of the respective Parties.
12. Enforcement. This Agreement shall be construed and governed in accordance with
the laws of the State of Colorado, and it shall be deemed performable in Larimer County,
Colorado. This Agreement may be enforced in an action for specific performance,injunctive
relief, ar damages in the District Court, Larimer County, Colorado.
13. Para¢ranh Headin¢s. The headings of the paragraphs of this Agreement are
inserted solely for the convenience of reference and are not a part of and are not intended to
govern, limit, or aid in the construction of any term or provisionherein.
14. No Third-Partv Beneticiaries. This Agreement is solely for the benefit of the
Preusses and the Town and no third party shall be entitled to the benefit or any of the
provisions of this Agreement.
15. (i�vernmental Tmmunitv Act. No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, by the Town of any of the notices,
requirements, immunities, rights, benefits, protections, limitations of liability, and other
provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and
under any other applicable law.
16. A�nr�nriati�n. To the extent this Agreement constitutes a multiple fiscal year debt
ar �nancial obligation of the Town, it shall be subject to annual appropriation pursuant to
the Town's annual budgeting process and Article X, Section 20 ofthe Colorado Constitution.
The Town shall have no obligation to continue this Agreement in any �scal year in which
no such appropriation ismade.
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Page 53
17. Notices. Any notices required or permitted to be given under this Agreement shall
be in writing and shall be delivered by United States certified mail, postage prepaid, or by
hand delivery, directed to the following addresses:
LESSEES: LESSOR:
Gunter Preuss The Town of Estes Park
4004 Medfard Drive, Attn: Town Administrator
Loveland, Colorado 80538 P.O. Box 1200
Estes Park, Colarado 80517
With a copy to:
Jeff Kahn
Lyons Gaddis
P.O. Box 978
Longmont, Colorado 80502-0978
If by overnight delivery or hand delivery:
515 Kimbark Street, 2"d Floar
Longmont, Colorado 80502
Any such notice shall be deemed to be effective on the earlier date of its actual receipt or the
third day after the same is deposited with the United States Postal Service. Either party, by
notice given as provided above, may change the person and/or the address to which future
notices are to be sent.
(Balance of page intentionally left blank)
5
Page 54
Preusses
Bv: �i�'"�-�—�-�-
Gunter Preuss
f
gl': ..rz..,. r� .f?
Gloe•ia Preuss�
STATE OF COLQRADO )
) ss.
COUNTY OF LAR�MER )
The foregoing instrumenf was acknowledged before�ne this _1„�,_day of � I�, �, l�1 , �020, by
Gunter Preuss and Gloria Preuss. J
M�commission expires �.GC V1 �'�', ��-y .
�
Witness my hand and official sea[. •
€cn��t�snvuita � ���
NOTARY PllBL1C-STA'fE OF'C�LORAl30 Notary Pubiic
N01"ARY ID 20i4402077b
` N,Y COMMl55lON EXPIRES l+MY 2A,202Z
s
Page 55
The Town of Estes Park
By: Wendy Koenig
Title: Mayor
ATTEST:
Jackie Williamson, Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of , 2020, by
Wendy Koenig, as Mayor of the Town of Estes Park, Colorado.
My commission expires .
Witness my hand and official seal.
Notary Public
7
Page 56
Exhibit A
Saddle Notch Ranch
Legal Description
Propertv Description (Saddle Notch Ranch Parcel 1):
That portion of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of
Larimer, State of Colorado, being more particularly described as follows;
The North Half of the Northwest Quarter of said Section 14,the Northwest Quarter of the Northeast
Quarter of said Section 14, the South Half of the Northeast Quarter of said Section 14, also that
portion of the South Half of said Section 14 described as follows; BEGINNING at the Center
corner of said Section 14; thence along the East-West Centerline of said Section 14, South
89°37'00" East 746.56 feet; thence departing said Centerline, South 13°50'16" West 538.90 feet;
thence North 84°19'00" West 390.72 feet; thence North 34°55' 15" West 492.17 feet; thence
North 31 °35'26" East 100.96 feet to the POINT OF BEGINNING;
EXCEPTING therefrom; that portion of the South Half of the Northeast Quarter of Section 14,
Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado,
containing 35. 15 acres, more or less, being more particularly described as follows;
Considering the South line of the Northeast Quarter of said Section 14 as bearing North 89°35'31"
West and with all bearings contained herein relative thereto;
BEGINNING at the Southeast corner of the Northeast Quarter of said Section 14; thence North
64°54'S7" West 2001.32 feet; thence North 234.51 feet; thence East 492.47 feet, more or less, to a
point on a line that bears South from the Northwest corner of Southeast Quarter of the Northeast
Quarter of said Section 14; thence North along said line to the Northwest corner of Southeast
Quarter of said Northeast Quarter; thence Easterly along the North line of the Southeast Quarter of
said Northeast Quarter to the Northeast corner of the Southeast Quarter of said Northeast Quarter;
thence Southerly along the East line of the Southeast Quarter of said Northeast Quarter to the
Southeast corner of the Northeast Quarter of said Section 14 and the POINT OF BEGINNING.
Pronertv Description (Saddle Notch Ranch Parcel2):
That portion of the South Half of the Northeast Quarter of Section 14, Township 5 North, Range
71 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described
as follows;
Considering the South line of the Northeast Quarter of said Section 14 as bearing North 89°35'31"
West and with all bearings contained herein relative thereto;
BEGINNING at the Southeast corner of the Northeast Quarter of said Section 14; thence North
64°54'S7" West 2001.32 feet; thence North 234.51 feet; thence East 492.47 feet, more or less, to a
Page 57
g
point on a line that bears South from the Northwest corner of Southeast Quarter of the Northeast
Quarter of said Section 14; thence North along said line to the Northwest corner of Southeast
Quarter of said Northeast Quarter; thence Easterly along the North line of the Southeast Quarter
of said Northeast Quarter to the Northeast corner of the Southeast Quarter of said Northeast
Quarter; thence Southerly along the East line of the Southeast Quarter of said Northeast Quarter
to the Southeast corner of the Northeast Quarter of said Section 14 and the POINT OF
BEGINNING.
The above described parcel contains 35.15 acres, more or less, and is subject to any existing
easements and/or rights of way of record.
Page 58
9
ATTACHMENT 3
ESCROW AGREEMENT
This Escrow Agreement ("Escrow Agreement") is made and entered into as of this day of
, 2020, by and between, Gunter and Gloria Preuss, individuals, whose mailing
address is 4004 Medford Drive, Loveland, Colorado 80538 (the "Preusses") and the town of Estes
Park a municipal corporation (the "Town"), and Colorado Escrow and Title Services, Inc., as
escrow agent("Escrow Agent").
Recitals
A. The Preusses and the Town are parties to that certain Water Supply Agreement dated
, 2020 ("Agreement"), pursuant to which the Town agreed to provide for use by
the Preusses up to 1.05 acre feet of augmentation water annually pursuant to the terms of the
Agreement.
B. In accordance with the Agreement, upon mutual execution of the Agreement, the
Preusses shall deposit thirty thousand dollars ($30,000) ("Escrow Deposit") with the Escrow Agent,
which Escrow Deposit shall either be released to the Town or to the Preusses as described in Section
3(a), below.
C. The parties now wish to enter into this Escrow Agreement to set forth the terms and
conditions upon which the Escrow Deposit will be deposited into escrow and disbursed by the
Escrow Agent.
A�reement
NOW, THEREFORE, in consideration of the recitals, which are incorporated herein, and for
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties covenant and agree as follows:
1. Definitions. All capitalized terms used but not defined in this Escrow Agreement
will have the meanings set forth for such terms in the Purchase Agreement.
2. Deposit of Escrowed Funds. Within three (3) days of mutual execution of the
Agreement, the Preusses will deposit with the Escrow Agent thirty thousand dollars ($30,000)
(`Bscrowed Funds") to be held in a non-interest bearing account pursuant to terms of this Escrow
Agreement and the Agreement.
3. Disbursement of Escrowed Funds.
(a) Disbursement to the Town. i. Upon receipt by the Escrow Agent of notice
from the Preusses of the entry of a final unappealable decree by the Water Court for the
Augmentation Plan as set forth in the Agreement, the Escrow Agent shall promptly disburse the
Escrowed Funds to the Town; or ii. Upon receipt by the Escrow Agent notice from the Town of the
entry of a final unappealable decree by the Water Court for the Augmentation Plan as
set forth in the Agreement and the passage of fifteen (15) days since the entry of the Augmentation
Decree became final and unappealable, the Escrow Agent shall provide a copy of that notice to the
Preusses and unless the Preusses provide a notice of objection to the Escrow Agent and the Town
within fifteen (15) days of receipt of the notice from the Escrow Agent, the Escrow Agent shall
release the Escrowed Funds to the Town.
(2�02�»>
Page 59
(b) Disbursement to the Preusses. In the event that the Escrow Agent receives
notice from the Preusses that they have withdrawn the application for approval of the Augmentation
Plan, or the Augmentation Plan has not been approved by the Water Court on or before December
31, 2023, or that the application for approval for the Augmentation Plan has been denied by the
Water Court, the Escrow Agent shall provide a copy of the notice to the Town and unless the Town
provides a notice of objection to the Escrow Agent and the Preusses within fifteen (15) days of
receipt of the notice from the Escrow Agent, the Escrow Agent shall release the Escrowed Funds to
the Preusses.
4. Closin�Fees. The Preusses shall pay the fees for services of the Escrow Agent.
5. Termination of Escrow. After the Escrow Agent has disbursed all of the Escrowed
Funds, then the escrow account shall be closed, this Agreement shall terminate, and the Escrow
Agent shall be released from all obligations under this Agreement. If the Escrow Agent has not
disbursed all of the Escrowed Funds in accordance with this Agreement on or before 5:00 P.M. on
January 31, 2024, the Escrow Agent shall deposit all of the Escrowed Funds with the District Court
of Larimer County, Colorado and proceed to close the escrow account.
6. Disputes. In the event of a dispute between the Preusses and the Town as to their
respective rights and interests hereunder, the Escrow Agent shall be entitled to hold the Escrowed
Funds until such dispute has been resolved by the Preusses and the Town, and the Escrow Agent
shall have been notified by instrument jointly signed by the Preusses and the Town or until such
dispute has been finally adjudicated by a court of competent jurisdiction. If the Escrow Agent
reasonably determines there is a dispute relating to this Agreement, and that as a consequence of such
dispute compliance with the terms of this Agreement will result in additional liability to it, the
Escrow Agent may deposit the Escrowed Funds and all documents delivered to the Escrow Agent
with the District Court of Larimer County, Colorado, interplead all of the interested parties in such
action, and thereafter be released from any further obligations with respect to these items other than
complying with any validly issued order of such Court. The parties hereby consent to the venue and
jurisdiction of such court.
7. Liabilitv of Escrow A�ent. The Escrow Agent hereby consents and agrees to all of
the provisions hereof, and agrees to accept, as Escrow Agent hereunder, all Escrowed Funds, and
agrees to hold and dispose of the Escrowed Funds in accordance with the terms and provisions
hereo£ It is agreed that the Escrow Agent shall have no obligation or liability hereunder except as a
depositary to retain the Escrowed Funds and to dispose of the same in accordance with the terms
hereof. The Escrow Agent has no duty or obligation to independently verify use of the disbursed
Escrowed Funds. The Escrow Agent shall be entitled to rely and act upon any written instrument
received by it, and if from a corporation or other entity, purporting to be executed by an officer,
member, manager or authorized representative thereof and shall not be required to inquire into the
authority of such officer, member, manager or representative or the correctness of the facts stated in
said instrument. By executing this Agreement, the Escrow Agent agrees to act in good faith in the
performance of any of its obligations and duties under this Agreement and shall incur no liability to
any person for its acts ar omissions hereunder, except for those acts or omissions which may result
from its gross negligence or willful misconduct. Upon disposition by the Escrow Agent of the
Escrowed Funds in accardance with the terms hereof, the Escrow Agent shall be fully and fmally
released and discharged from any and all duties, obligations, and liabilities hereunder.
2
Page 60
8. Severabilitv. Any provision of this Agreement which is declared by a court of
competent jurisdiction to be illegal, invalid, prohibited or unenforceable will be ineffective to the
extent of such illegality, invalidity,prohibition or unenforceability without invalidating the remaining
provisions hereof.
9. Notices. Any notice required or permitted to be sent pursuant to this Agreement shall
be in writing and shall be deemed received when personally delivered or three (3) days after having
been deposited in a U.S. Postal Service depository and sent by registered or certified mail, return
receipt requested, with all required postage prepaid, or one day after having been deposited with
Federal Express or another comparable national overnight delivery service with next-business-day
delivery service prepaid, or on the date and at the time shown on the e-mail message if sent by
electronic mail, and in any case, addressed to:
Preusses:
Gunter and Gloria Preuss
4004 Medford Drive
Loveland, Colorado 80538
with copy to:
Jeff Kahn
Lyons Gaddis
P.O. Box 978
Longmont, Colorado 80502
ikahn(cr�,lyons�addis.com
Town:
The Town of Estes Park
Attn: Town Administrator
P.O. Box 1200
Estes Park, Colorado 80517
ESCROW AGENT:
Colorado Escrow and Title Services, LLC
Attn: Kelley Abernathy
520 Main Street, Suite C
Longmont, Colorado 80501
KAbernathvn,coloescrow.com
10. Governin� Law. This Agreement shall be governed by the laws of Colorado, and
venue shall lie exclusively in Larimer County, Colorado.
11. Modification. This Agreement may only be modified or supplemented by an
instrument in writing executed by duly autharized representatives of the parties.
3
Page 61
12. Captions. All captions, headings, titles and numerical references are for convenience
only and shall have no effect on the interpretation of this Agreement.
13. Bindin�Effect. This Agreement will inure to the benefit of and be binding upon each
of the parties hereto and their respective successors and assigns.
14. Countert�arts. This Agreement may be executed in counterparts, each of which will
constitute an original, but all of which, when taken together, will constitute but one agreement.
Executed copies hereof may be delivered by telecopier, email or other electronic means and upon
receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals
are delivered thereafter.
The parties hereto have duly executed this Escrow Agreement as of the date first set forth above.
4
Page 62
PR�USS�S:
Gunter r s
Gloria Preuss �y
Y �i X�c:rt�C�(fi L J �l n�r��.-_.
TOWN:
Signature:
Nan�e:
Title:
�,�CROW AGENT:
COLORADO E�CROW A1�iD TITL� SERVICES,
: LLC
, Signature: .
Name:
Tit1e:
S
Page 63
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Page 64
i
Y
T��N oF ESTES PARI
Memo �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Director Hudson
Date: July 28, 2020
RE: Resolution 49-201GA with CO Dept of Human Services authorizing
participation in the Low-Income Energy Assistance Program (LEAP)
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Approve Resolution 49-20 authorizing the Mayor to sign the intergovernmental
agreement (IGA) to participate in the Low-Income Energy Assistance Program (LEAP)
for the next five winters beginning October 1, 2020 through September 30, 2025.
Present Situation:
The Colorado Department of Human Services (DHS) administers the national Low-
Income Energy Assistance Program (LEAP) within Colorado. Individuals apply for
benefits through DHS and once approved, they receive financial assistance to help
them pay for their winter heating bills. For our customers, that is the electric portion of
their bills. These funds are then distributed by DHS directly to the respective utility as
payment on behalf of the qualified and approved applicants.
Each utility must enter into the attached Low-Income Energy Assistance Program
(LEAP) Metered Fuel Vendor Agreement (LEAP agreement) to be eligible for these
payments to be sent directly to the utility. The Town's current agreement expires
September 30, 2020. To be able to receive assistance payments on behalf of our
qualified customers, we must renew the IGA and execute a new agreement for 2020-
2025.
Proposal:
The Town should enter into a new LEAP agreement for the period beginning October 1,
2020 through September 30, 2025.
Advantaqes:
This will allow continuation of the existing program for qualified individuals, helping our
low-income customers pay their winter heating bills at no cost to the Town.
Page 65
Disadvantaqes:
None.
Action Recommended:
Authorize the Mayor to sign the new LEAP agreement for 2020-2025.
Finance/Resource Impact:
This improves the Power and Communication Fund revenues by providing access to the
LEAP program to help pay for qualified customer's heating bills.
Level of Public Interest
This would be of high interest to impacted customers.
Sample Motion:
I move for the approval/denial of Resolution 49-20.
Attachments:
1. Resolution 49-20
2. Low-Income Energy Assistance Program (LEAP) Metered Fuel Vendor
Agreement
Page 66
ATTACHMENT 1
RESOLUTION 49-20
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR THE LOW-
INCOME ENERGY ASSISTANCE PROGRAM (LEAP)
WHEREAS, the Town of Estes Park desires to facilitate the continued
implementation of Colorado's Low-Income Energy Assistance Program (LEAP) to help
low-income residents of Estes Park meet their winter home heating costs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution, in substantially the form now before
the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page 67
ATTACHMENT 2
LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)
METERED FUEL VENDOR AGREEMENT
Agreement made by and between the State of Colorado, Department of Human Services (hereinafter
referred to as the State Department) and
Town of Estes Park
(hereinafter referred to as the Vendor).
Persons signing for the Vendor hereby swear and affirm that they are authorized to act on the Vendor's
behalf and acknowledge that the State is relying on their representations to that effect. By the signature
below,the Vendor acknowledges that it has read, understands, and agrees to this Agreement.
Wendy Koenig, Mayor
Vendor Representative Name Vendor Signature Date
WHEREAS, the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for home
energy assistance to eligible households; and
WHEREAS, the purpose of Colorado's Low-Income Energy Assistance Program (LEAP) is to help low-
income Coloradans meet their winter home heating costs; and
WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this
Act and to assure that funds available under this Act are used in accordance therewith,
NOW,therefore it is hereby mutually agreed:
A. Offer/Acceptance.This LEAP Metered Fuel Vendor Agreement ("Agreement") is between the
State Department and the Vendor.This Agreement is effective upon the Vendor's signature
and performance shall start on or after October 1, 2020.
B. The following definitions shall apply in the interpretation of this Agreement:
1. "County Department" means the County Department of Human/Social Services of a
particular county as designated by the State Department. For the purposes hereof,when
the County Department is so designated by the State Department,the Vendor may
consider, interact, and deal with such County Department as the authorized agent of the
State Department.
2. "Designee" means any County Department or contractor determining eligibility for the
program.
3. "Electronic Funds Transfer" (EFT) is the method used to pay LEAP assistance benefits.
4. "Eligibility Period" means there shall be one eligibility period for the Basic Low-Income
Energy Assistance Programs from November 1st through April 30th. If April 30th for a
particular calendar year falls on a holiday or weekend,then the eligibility period shall be
Page 1 of 7
Page 68
extended until midnight the next business day.This program is contingent upon the
continued availability of funds in accordance with 9 CCR 2503-7.
5. "Eligible Household" is a Household that has applied for and been approved for LEAP
assistance benefits and for whom the Vendor has been notified by the County
Department,the State Department, or its designee that payment will be made to the
Vendor on behalf of the Household.
6. "Estimated Home Heating Costs (EHHC)" are the amount of the heating costs incurred
during the previous heating season for the program applicant's address at the time of
application to be used as an estimate, or projection, of the anticipated heating costs for
the current heating season (November 1st through April 30th). Such estimated heating
costs shall not include payment arrearages, investigative charges, reconnection fees, or
other such charges not related to residential fuel prices and consumption levels. EHHC
may be provided if the Vendor has serviced the service address; it is not required that
the Household applying for LEAP assistance benefits lived at the service address during
the previous heating season.
7. "Good Faith Effort" is a documented attempt to reach Eligible Households through
phone contacts, written correspondence and/or personal visits.
8. "Heat Related Arrearage" means any past due amounts for the primary heating fuel
and/or supportive fuel.
9. "Home Heating Costs" are charges directly related to the primary heating source used in
a residential dwelling.
10. "Household" means any individual or group of individuals who are living together as one
economic unit for whom primary heating fuel is customarily purchased in common or
who make undesignated payments for heat in the form of rent.
11. "Non-Bulk Fuel" or"Metered Fuel" is an energy source for home heating which is
provided by a utility company and is regulated and metered by the utility company.
Normally, non-bulk fuel includes natural gas and electricity.
12. "Overpayment" means a Household received benefits in excess of the amount due to
that Household based on eligibility and payment determination in accordance with LEAP
rules.
13. "Primary Heating Fuel" is the main type of fuel used to provide heat within the dwelling.
14. "Primary Heating Source" is the primary heating system that provides heat to the
dwelling such as a furnace,wood burning stove or boiler.Temporary or portable heating
sources are not considered a primary heating source and,therefore, are not eligible for
LEAP assistance.
15. "Program Year" means from November 1st through April 30th for the Heating Fuel
Assistance Program. If April 30th for a particular calendar year falls on a holiday or
weekend,then the eligibility period shall be extended until midnight the next business
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day.This program is contingent upon the continued availability of funds in accordance
with 9 CCR 2503-7.
16. "Program Applicant" means a person or household that has applied for LEAP benefit
assistance.
17. "State Department" means the Colorado Department of Human Services, Low-Income
Energy Assistance Program or its designees.
18. "Supportive Fuel" means an energy source needed to operate the primary heating
system in a residential setting. For example, electricity may be a supportive fuel required
to operate a natural gas furnace.
19. "Tampering" or"Tampered Account" means unlawfully or unauthorized adjustment of
fuel to the Household by altering equipment such as a gas or electric meter.
C. The Vendor agrees to abide by the following provisions:
1. The Vendor shall notify the State Department at least 30 days prior to any change in
business ownership, name, address,Vendor contact information and banking
information.
2. The Vendor shall not treat a Household receiving assistance under the program
adversely because of such assistance.
3. The Vendor shall not discriminate, either in the cost of the goods supplied or the
services provided, against the Household on whose behalf payments are made.
4. The Vendor shall provide County Departments or their designees documented
Estimated Home Heating Costs for the period of November 1st through April 30th of the
previous year for any Household using their service.Such costs shall be based on
historical usage and such costs shall be provided to the County Department or its
designee within five (5) business days of the request. If the program applicant is without
heat, the Vendor shall provide Estimated Home Heating Costs within 24 hours of the
request. If the Vendor refuses to provide Estimated Home Heating Costs for a
Household,the County Department or it designee shall make any payments to the
Eligible Household instead of the Vendor, unless the Vendor documents that such data
are not available. The State Department reserves the right to audit Vendor estimating
procedures and to terminate the Vendor Agreement if estimates are found to be
inaccurate or inappropriate.
5. Upon notification from the County Department or its designee that an application has
been received for a Household pending service disruption,the Vendor shall not
terminate services to the Household for ten (10)working days or until the Vendor is
notified of the eligibility determination of the Household, whichever occurs first.
6. Upon receipt of LEAP assistance benefits from the State Department and on behalf of an
Eligible Household,the Vendor shall credit the Eligible Household's account promptly
and no later than ten (10) business days after a payment is received. Credit will be
reflected in the next normal billing.
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7. Upon notification by the County Department, State Department, or its designee or
discovery by the Vendor of incorrect payments or overpayments,the Vendor shall
reimburse those payments to the County Department or its designee within ten (10)
business days.The Vendor shall accompany all payments returned to the State
Department with the Vendor name,the Household's name,the Household account
number,the amount returned on behalf of the Household and the date and reason for
return by the Vendor. Checks returned to the State Department should be made out to
"State of Colorado." Checks returned to the County Department or its designee should
be made out per the County Department or designee's direction.
8. Once notified by the State Department,the County Department, or a designee
(notification may include the Vendor verifying approvals by accessing the LEAP system
website)that a Household has been approved for LEAP assistance benefits, the Vendor
shall:
i. Initiate, continue or restore service, whichever is applicable to the Eligible
Household, within 24 hours of notification and continue utility services for at
least sixty(60) days after such notification, unless:
1. the Eligible Household is in a pending shutoff situation and the Basic
LEAP program year benefit is an amount less than 25%of the
Household's arrearage, or
2. the Eligible Household is shut off and the Basic LEAP program year
benefit amount is less than 50%of the Household's arrearage, or
3. The Eligible Household pre-pays for its electric service. In this case, the
Vendor shall initiate, continue, or restore service, whichever is
applicable to the Eligible Household, within 24 hours of notification and
continue utility services until the LEAP assistance benefit has been
exhausted.
ii. If a LEAP assistance benefit is offered on an account that has been disconnected
due to tampering of gas or electric service,the Vendor shall restore service only
if the LEAP payment exceeds 70%of the past due amount. If a LEAP payment is
offered on a tampered account and it is for less than 70%of the past-due
amount, the Vendor reserves the right to not accept the LEAP assistance benefit
for purposes of restoring service. If payment is not accepted for reconnection,
the benefit will instead be provided to the Eligible Household as a direct client
pay.The Vendor may accept a LEAP payment that is less than 70%of the past
due amount but must as a condition of acceptance restore service and make
arrangements with the Household to pay any remaining balance.
iii. If the Vendor refuses to accept the LEAP program year benefit,the Vendor shall
notify the State or its designee within three (3) business days and send written
notice to the Eligible Household advising them the payment will not be accepted
and no holds/reconnection will be offered.The benefit shall be paid to the
Eligible Household as a direct client pay.
9. Death of a payee. If a LEAP program applicant dies and a benefit has been paid,the
Vendor shall make any remaining LEAP credit balance available to any other member of
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the LEAP program applicant Household for a period of 30 days. If the LEAP program
applicant is the only Household member,the Vendor shall maintain any credit balance
for a period of 30 days.The executor of the program applicant's estate may claim the
LEAP credit balance within this 30-day period. If the LEAP credit balance is not claimed
within 30 days' notice to the Vendor of the program applicant's death,the Vendor shall
notify the State Department and forward the credit balance to:
State LEAP Office
1120 Lincoln Street, Suite 1007
Denver, CO 80203
10. The Vendor shall maintain confidentiality of information provided by the State
Department, or its designee, about a Household's benefit in accordance with applicable
Federal and State Laws.
11. The Vendor shall return any payments that cannot be credited to an account within ten
(10) business days to the County Department, or its designee.
12. The Vendor shall allow all LEAP credit balances to remain on the client's account until
the LEAP assistance benefit is exhausted, unless the Household no longer uses the
originally approved Vendor.
13. When a Household no longer uses the originally approved Vendor,the Vendor shall
make a Good Faith Effort to locate the Household.
14. If the Household is located,the Vendor shall forward the LEAP credit balance directly to
the Household within ten (10) business days.
15. If the Household cannot be located within thirty(30) business days,the Vendor shall
keep the funds available for the Household for the remainder of the current state fiscal
year,which ends on June 30th. On July 15t,the Vendor shall forward any LEAP credit
balance to the State Department at 1120 Lincoln Street, Suite 1007, Denver, CO 80203.
These credits must be received by the State Department no later than July 10th. If a
client moves or no longer uses the originally approved Vendor after June 30th, the
Vendor shall forward any LEAP credit balance to the State Department on October 15t
These credits must be received by the State Department no later than October 10`n
16. Upon State Department request, or its designee's request,the Vendor must return LEAP
credit balances to the State Department within ten (10) business days of the request.
17. The Vendor shall accompany all payments returned to the State Department with a
notification showing the Vendor name,the Household's name,the Household's account
number,the amount returned on behalf of the Household and the date and reason for
return by the Vendor. Checks returned to the State Department must be made out to
"State of Colorado."
18. If the Vendor has sent the LEAP credit balance funds to the Household, and a recovery is
necessary,the County Department or its designee will recover from the Household, not
the Vendor.
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19. The Vendor shall report any financial fraud or abuse or misconduct in the administration
of LEAP to the State Department.The Vendor shall cooperate with all State
investigations of suspected fraud or abuse or misconduct.The Vendor may be
prosecuted under applicable Federal and State laws for false claims,statements or
documents or concealment of material fact.
20. All other requirements of Federal and State laws and regulations shall be adhered to.
21. The Vendor shall provide all customers subject to utility shutoff, who are financially
unable to purchase fuel, or who request a LEAP application to the HEAT HELP telephone
line (1-866-432-8435), or the State Department website at: colorado.gov/cdhs/leap.
22. The Vendor shall establish such fiscal control and fund accounting procedures as may be
necessary to assure the proper use and accounting of funds under this Agreement. All
records maintained by the Vendor relating to this Agreement shall be available on
reasonable notice for inspection, audit or other examination and copying, by State
Department representatives or their delegates. Such records shall show the amount of
home energy delivered to each Eligible Household,the amount of payments made for
home energy by such Eligible Households,the dollar value of credit received on behalf
of each Eligible Household,the balance of available benefits and energy costs, and all
documents and calculations in establishing the estimated Home Heating Costs. All
records shall be maintained for a period of three (3) years following the termination of
this Agreement. The State, or its designee, reserves the right to monitor the
implementation of this Agreement by the Vendor.
23. The Vendor shall provide a monthly reconciliation report to the State Department
verifying that each payment received on behalf of an Eligible Household is applied to the
appropriate account within two weeks of the State Department payroll dates.
24. The Vendor shall provide annual natural gas/electric billing and consumption data for
each Eligible Household who has resided at the same service address for the October 1
through September 30 reporting period, when applicable.
25. Non-compliance by the Vendor with any of the above assurances of this Agreement or
applicable law or regulations shall be grounds for immediate termination of this
Agreement. Such termination shall include termination of payments on behalf of
Eligible Households and immediate return of credit balances or refunds owed to the
State Department. Such termination is in addition to all other legal remedies available
to the State Department, including investigation or prosecution of fraud in connection
with this agreement.
26. All Vendors shall establish an account with a financial institution to receive payments via
direct deposit through electronic funds transfer(EFT).The Vendor shall inform the State
Department of any changes in banking information immediately upon the change.
27. All Vendors shall establish internet access to retrieve LEAP program applicant approval
information and LEAP assistance benefit payment data from the State LEAP system
website.
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28. LEAP assistance benefit payments shall not be made to the Vendor on behalf of an
Eligible Household if:
i. The Eligible Household does not pay the Vendor directly for its home heating
costs; or
ii. This Agreement has not been executed or has expired or been terminated; or
iii. The Eligible Household's Vendor cannot be determined or feasibly paid on
behalf of the Eligible Household.
29. By signature of this Agreement,the Vendor agrees to abide by the HIPAA Business
Associate Agreement, attached as Exhibit A.
D. The State Department shall itself or through the County Department, or its designee, as the
case may be:
1. Promptly advise the Vendor of the name, address, account number, if any, and amount
to credit to the account of each Eligible Household and provide the Vendor with a
password to retrieve payroll information from the LEAP system website;
2. Notify all Eligible Households of the amount of LEAP assistance benefits to be made on
their behalf to the Vendor;
3. Make timely payments to the Vendor for credit to Eligible Households for home energy
supplied in accordance with the terms of this Agreement; and
4. Promptly notify the Vendor of all pertinent changes in this program caused by changes
in applicable law, regulations, or technology.
E. General Provisions:
1. The term of this Agreement shall be October 1, 2020 (or upon signed approval of this
Agreement by the Vendor,whichever is later)through September 30, 2025.
2. This Agreement is subject to and contingent upon the continuing availability of federal
funds. If insufficient funds, as determined by the State Department, are available for
this program,the State Department may immediately terminate this Agreement.
3. This Agreement may be terminated by either party upon 30 days prior written notice to
the other party sent by certified or registered mail.
4. The Vendor may not assign this Agreement without the prior written consent of the
State Department.
5. The Vendor shall comply with all applicable Federal and State laws and regulations,
including confidentiality of all records, termination and restoration of home energy
service, and discrimination. The Vendor certifies that it has all licenses, insurance, and
so on required by law for the provision of services hereunder.
6. If a situation arises that is not clearly covered by the terms of this Agreement, the
Vendor shall seek guidance from the State Department.
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EX�IIBIT A - HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in
connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as
"Covered Entity" and the Contractor is referred to as `Business Associate". Unless the context clearly requires a
distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement.
1. PURPOSE
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance
with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as
amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted
under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5
(2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45
C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Priar to the
disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing
specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of
the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended.
2. DEFINITIONS
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary,
Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident,
Subcontractor,Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a. Business Associate. `Business Associate" shall have the same meaning as the term "business
associate"at 45 C.F.R. 160.103, and shall refer to Contractor.
b. Covered Entitv. "Covered Entity" shall have the same meaning as the term "covered entity" at 45
C.F.R. 160.103, and shall refer to the State.
c. Information Technolo�v and Information Securitv. "Information Technology" and "Information
Security" shall have the same meanings as the terms "information technology" and "information
security",respectively,in §24-37.5-102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
a. Permitted Uses and Disclosures.
i. Business Associate shall use and disclose PHI only to accomplish Business Associate's
obligations under the Contract.
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i. To the extent Business Associate carries out one ar more of Covered Entity's obligations
under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all
requirements of Subpart E that apply to Covered Entity in the performance of such obligation.
ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that:
A. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iii. Business Associate may provide Data Aggregation services relating to the Health Care
Operations of Covered Entity. Business Associate may de-identify any or all PHI created or
received by Business Associate under this Agreement, provided the de-identification
conforms to the requirements of the HIPAA Rules.
b. Minimum Necessarv. Business Associate, its Subcontractors and agents, shall access, use, and
disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in
accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not
limited to,45 C.F.R. 164.502(b) and 164.514(d).
c. Impermissible Uses and Disclosures.
i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written autharization of Covered Entity.
ii. Business Associate shall not share,use, disclose or make available any Covered Entity PHI in
any form via any medium with or to any person or entity beyond the boundaries or
jurisdiction of the United States without express written authorization from Covered Entity.
d. Business Associate's Subcontractors.
i. Business Associate sha11, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),
ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of
Subcontractors who have entered into any such agreement with Business Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of
any such agreements Business Associate has entered into with Subcontractors.
e. Access to Svstem. If Business Associate needs access to a Covered Entity Information Technology
system to comply with its obligations under the Contract or this Agreement, Business Associate shall
request, review, and comply with any and all policies applicable to Covered Entity regarding such
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system including, but not limited to, any policies promulgated by the Office of Information
Technology and available at http://oit.state.co.us/about/policies.
£ Access to PHL Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.524.
g. Amendment of PHI.
i. Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by
Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.526.
ii. Business Associate shall promptly forward to Covered Entity any request for amendment of
PHI that Business Associate receives directly from an Individual.
h. Accountin� Ri�hts. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for
Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R.
164.528.
i. Restrictions and Confidential Communications.
i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days
of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or
Disclosure of PHI or to send all communication of PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coardinate and prepare a timely response to the requesting Individual and provide direction to
Business Associate.
j. Governmental Access to Records. Business Associate shall make its facilities, internal practices,
books, recards, and other sources of information, including PHI, available to the Secretary for
purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
k. Audit, Inspection and Enforcement.
i. Business Associate shall obtain and update at least annually a written assessment performed
by an independent third party reasonably acceptable to Covered Entity, which evaluates the
Information Security of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon
request by Covered Entity, Business Associate shall provide to Covered Entity the eXecutive
summary of the assessment.
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ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered
Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If,
through audit or inspection, Covered Entity determines that Business Associate's conduct
would result in violation of the HIPAA Rules or is in violation of the Contract or this
Agreement, Business Associate shall promptly remedy any such violation and shall certify
completion of its remedy in writing to Covered Entity.
1. Appronriate Safe�uards.
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data required for
accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from
the PHL The provisions of this section shall be in force unless PHI is de-identified in
conformance to the requirements of the HIPAA Rules.
m. Safe�uard Durin�Transmission.
i. Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are
authorized and to prevent use or disclosure of PHI other than as provided for by this
Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other insecure or open
communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-
compliant encryption algorithm.
n. Reportin�of Improper Use or Disclosure and Notification of Breach.
i. Business Associate sha11, as soon as reasonably possible, but immediately after discovery of a
Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this
Agreement, including a Breach of Unsecured Protected Health Information as such notice is
required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103,
C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of
any Security Incident that does not constitute a Breach, notify Covered Entity of such
incident.
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iv. Business Associate shall have the burden of demonstrating that all notifications were made as
required, including evidence demonstrating the necessity of any delay.
o. Business Associate's Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including, without limitation,
notifications, and shall maintain insurance to cover:
A. loss of PHI data;
B. Breach notification requirements specified in HIPAA Rules and in §24-73-103,
C.R.S.; and
C. claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract
or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single
dollar limits, annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant
Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist
with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to
Business Associate of a Use ar Disclosure of PHI by Business Associate in violation of this
Agreement.
p. Subcontractors and Breaches.
i. Business Associate shall enter into a written agreement with each of its Subcontractors and
agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents and
Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
q. Data Ownership.
i. Business Associate acknowledges that Business Associate has no ownership rights with
respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered
Entity with any keys to decrypt information that the Business Association has encrypted and
maintains in encrypted form, or shall provide such information in unencrypted usable form.
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r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h,
above, for a period of six years.
4. OBLIGATIONS OF COVERED ENTITY
a. Safe�uards Durin� Transmission. Covered Entity sha11 be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and
security of PHI transmitted pursuant to this Agreement, in accordance with the standards and
requirements of the HIPAA Rules.
b. Notice of Chanees.
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered
Entity shall provide Business Associate with any changes in, or revocation of,permission to use
or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses
or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of
PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent
that it may affect Business Associate's permitted use or disclosure of PHI.
5. TERMINATION
a. Breach.
i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall
have the right, in the event of a breach by Business Associate of any provision of this
Agreement, to terminate immediately the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to
protect and preserve property in the possession of Business Associate in which Covered
Entity has an interest.
b. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate sha11 promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of
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Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible.
6. INJUNCTIVE RELIEF
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business
Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the
HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages
would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate
agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to
prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this
Agreement.
7. LIMITATION OF LIABILITY
Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under
this Agreement, which shall not be limited.
8. DISCLAIMER
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate
is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of
PHI.
9. CERTIFICATION
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information
Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business
Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity
determines that examination is necessary to certify that Business Associate's Information Security safeguards
comply with the HIPAA Rules or this Agreement.
10. AMENDMENT
a. Amendment to Complv with Law. The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of this
Agreement may be required to provide procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall take such action as is necessary to
implement the changes to the standards and requirements of HTPAA, the HIPAA Rules
and other applicable rules relating to the confidentialiry, integriry, availability and
security of PHI with respect to this Agreement.
ii. Business Associate shall provide to Covered Entity written assurance satisfactory to
Covered Entity that Business Associate shall adequately safeguard a11 PHI, and obtain
Page 7 of 9
HIPAA BAA
Revised August 2018
Page 81
written assurance satisfactory to Covered Entity from Business Associate's
Subcontractors and agents that they shall adequately safeguard all PHI.
iii. Upon the request of either Party, the other Party promptly sha11 negotiate in good faith the
terms of an amendment to the Contract embodying written assurances consistent with the
standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv. Covered Entity may tertninate this Agreement upon 30 days' prior written notice in the event
that:
A. Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
B. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI sufficient,
in Covered Entity's sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the
mutual written agreement of the Parties, without amendment of this Agreement. Any modified or
amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version
of the Appendix.
11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by
Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHL Upon
receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its
employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the
Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and
shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may
include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or
agents shall not be required to provide such assistance if Business Associate is a named adverse party.
12. INTERPRETATION AND ORDER OF PRECEDENCE
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the
HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall
control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate
agreement between the Parties.
13. SURVIVAL
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall
survive termination of this contract or this agreement and sha11 be enforceable by Covered Entity.
Page S of 9
HIPAA BAA
Revised August 2018
Page 82
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the
Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed
to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all
references to "Contract" or"Agreement" shall include this Appendix.
1. PURPOSE
This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as
"Reserved" shall be construed as setting forth no additional terms.
2. ADDITIONAL TERMS
a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i. Reserved.
b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business
Associate may disclose PHI for the following additional purposes:
i. Reserved.
c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of
Business Associate may receive PHI under the Agreement:
i. Reserved.
d. Definition of Receipt of PHL Business Associate's receipt of PHI under this Contract shall be
deemed to occur, and Business Associate's obligations under the Agreement shall commence, as
follows:
i. Reserved.
e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the
following additional restrictions on Business Associate's use and disclosure of PHI under the
Contract:
i. Reserved.
£ Additional Terms. Business Associate agrees to comply with the following additional terms under the
Agreement:
i. Reserved.
Page 9 of 9
HIPAA BAA
Revised August 2018
Page 83
2020-2025 APPROVED METERED FUEL VENDOR DATA INFORMATION
1. Enter the complete vendor/business name: Town of Estes Park
2. Enter the company FEIN (Federal Identification Number): 84-6000661
3. Enter the business mailing address (including zip code): PO Box 1200. Estes Park. CO 80517
4. Enter the names direct phone numbers and email addresses of at least two contacts for your business:
Name: Duane Hudson Email: dhudson@estes.org Phone: 970-577-3560
Name: Kim McEachern Email: KimMcEachern�estes.or� Phone: 970-577-3567
5. Enter the business fax number(s) for contact: 970-577-3573
6. Enter the LEAP Vendor Number (provided by the State LEAP Office): 75142
Please place a check by the Colorado counties which your business serves:
(01) Adams _ (17) Dolores _ (33) Lake _ (49) Pitkin _
(02) Alamosa _ (18) Douglas _ (34) La Plata _ (50) Prowers _
(03) Arapahoe _ (19) Eagle _ (35) Larimer X (51) Pueblo _
(04) Archuleta _ (20) Elbert _ (36) Las Animas _ (52) Rio Blanco _
(05) Baca _ (21) EI Paso _ (37) Lincoln _ (53) Rio Grande _
(06) Bent _ (22) Fremont _ (38) Logan _ (54) Routt _
(07) Boulder � (23) Garfield _ (39) Mesa _ (55) Saguache _
(08) Chaffee _ (24) Gilpin _ (40) Mineral _ (56) San Juan _
(09) Cheyenne _ (25) Grand _ (41) Moffat _ (57) San Miguel _
(10) Clear Creek _ (26) Gunnison _ (42) Montezuma _ (58) Sedgwick _
(11) Conejos _ (27) Hinsdale _ (43) Montrose _ (59) Summit _
(12) Costilla _ (28) Huerfano _ (44) Morgan _ (60) Teller _
(13) Crowley _ (29) Jackson _ (45) Otero _ (61) Washington _
(14) Custer _ (30) Jefferson _ (46) Ouray _ (62) Weld _
(15) Delta _ (31) Kiowa _ (47) Park _ (63) Yuma _
(16) Denver _ (32) Kit Carson _ (48) Phillips _ (80) Broomfield _
7. Please place a check by the type(s) of fuel service provided by your business:
Natural Gas: Electric: X
Page 84
7/29/2020
� - • � - � - • � ' � • -� �
July 28,2020
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LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES
1 1 •� . -
• Across entire system,including Hermit Park,we are
experiencing significant increases in visitation and
day use at our parks and open spaces.
• New timed entry/visitation restrictions at Rocky �
Mountain National Park may be a factor in our '�' .,o $ '
increased visitation at Hermit,along with COVID-19 '�` �
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travelers. ( � � �
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• For the first time ever,trailheads are hitting capacity � ��,��, � xv?':�
at Hermit Park. � "� ,„{t r �_-�
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• Campgrounds are extremely busy.Beginning July 1, �._f � ���,���'�
cabin camping at Hermit reopened. �, �'��� , "`�`�`
4�yy ' , , p �
• Staff has remained nimble.New COVID cleaning �,� �� ;' � � , � � , t4 � �, r,
protocols,online permits,curbside pick-up for � " ;�� ,'�j' �, y�+j�,y��-�;
herbicide sales. ���°���j�r �t� �.�,�'ti i 3 j"#� ,�{
• Actively working on a Department Strategic Plan. �Yf� "�A° r ,��` r ,`��'1
� _�E � �` � '� �.'�i'�
Page 85
7/29/2020
LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES
� • • -• � ' • ' •
• Partnered with Estes Valley Land Trust on potential Conservation
_ Easement(CE)partnerships on several properties.EVLT is leading
negotiations/conservation efforts.
• Committed$10,000 towards the completion of the Fall River Trail,
- ' which will connect downtown Estes Park to Rocky Mountain
� National Park along Fall River.
• Partnered with Estes Valley Land Trust and the town of Estes Park
� with$5,000 to help match a GOCO grant to fund the Estes Valley
Open Space and Recreation Plan which is currently underway.
,� ; �� • Land Stewardship staff(Enterprise group)have an annual contract
� � with Town of Estes to treat noxious weeds on town property.
Continuing to actively discuss ways in which the Town can bolster
� � � noxious weed compliance within city limits.
S :s ����s: Y • Manage high-priority weeds/sites in Canyon Lakes District through
'•�"::na,.=,r�,�,�...- a vegetation management contract with USFS.
• Contributed funds to the Estes Land Stewardship Association
���� ,�,,,�, :-',J ;�p�. . (ELSA)for the printing of weed booklets,which are tailored to
,�', the Estes Valley.
, v^. '�"�fi`� .,
LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES
' • �- •. - •� . -
• Continue to implement phases of the adopted , �
management plan.
• Completed capital improvements on-site including:
. Relocating two cabins into developed cabin �
zone; �
. Restoring the unneeded road that served the �
relocated cabins and doubled as the � ��
Homestead Meadows Trail; �� , �� � �g��'
a.:, �� �� h
. Relocated the Homestead Meadows Trail to a �� �°'�'"
more sustainable and single trail alignment; �.;�,�,��A'"� ` , "
. New outdoor education and day use area at ��� '`�
��"
A. �-'
the HermiYs Cabin E� � ;;;
• Increased popularity of the 8-mile trail system at the open �;G > �_
t #
space �� �. ._,�. .,_
Page 86
7/29/2020
LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES
� • ' ' 1 1
• NoCoPLACES 2050 is a collaborative that includes eight land management agencies
working to protect and conserve natural and cultural resources while providing equitable
access and a quality recreation experience for current and future generations.
• At stake-Population growth and demand for recreation,which is putting a strain on
natural resources,environment,forest,wildlife,outdoor experience.
• Agencies:Boulder County,Clear Creek County,Gilpin County,Larimer County,
Jefferson County,Rocky Mountain National Park-NPS,Arapahoe&Roosevelt National
Forest-USFS,and Colorado Parks and Wildlife.
• Core Topic Research(2020)followed by public outreach and engagement(2021)and
the development of principles and adaptive management guidelines.
• A long-term adaptive approach-30 years
• Your input is valuable-how you can get involved
#���
2(�50 `� �:,
www.nocoolaces2050.com � �� �
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LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES
1 • � � - t•
` ` g Visit our 2019 Annual Report at
�:;
.�"�•�P� � � '��3 www.larimer.orq/naturalresources/
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Page 87
7/29/2020
. �
Page 88
i
Y
T��N oF ESTES PARI�
Report • � � - - • -
To: Honorable Mayor Koenig ,
Board of Trustees
From: Kate Rusch, Public Information Officer
Jason Damweber, Assistant Town Administrator
Travis Machalek, Town Administrator
Date: July 28, 2020
RE: COVID-19 Safety Efforts and Outreach
Obiective:
To provide background information to the Board regarding actions the Town and Town
partners have taken to date regarding COVID safety efforts and outreach. The purpose
of this information is to facilitate a discussion about what additional efforts, if any, the
Town Board would like staff to explore or undertake.
Present Situation:
The Town of Estes Park is committed to following the guidelines of public health
agencies to help control the COVID-19 pandemic. Operational updates, messages from
government officials, and public health resources are provided on the Town's COVID-19
webpaqe, which is updated regularly, as well as via social media channels and email
lists.
At its July 14, 2020 meeting, the Board requested information on specific outward-facing
efforts and outreach spearheaded by the Town related to COVID safety. Such efforts
and outreach include:
• Administration of the Estes Valley Resiliency Collaborative (EVRC): This group —
comprised of Town staff, Visit Estes Park, the Estes Chamber of Commerce,
Estes Park Economic Development Corporation, Estes Area Lodging Association,
YMCA of the Rockies, Rocky Mountain National Park, Estes Park Nonprofit
Resource Center, the Estes Park Housing Authority, and the Estes Park School
District—was borne from the Town's Accelerated Recovery Team, convened at
the outset of the pandemic. The group's purpose is to ensure a collaborative
approach to recognizing and working to address community issues resulting from
COVID-19. It is worth noting that this group's organization and work has been
lauded at the County level as a model for recovery and resiliency efforts regionally.
• EVRC "Welcome Back" campaign, focused on wearing masks, maintaining
distance, and washing hands.
o Outdoor signage (see below for examples)
o Business flyers
Page 89
o Electronic campaign (social, email, websites)
� _ . . •
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Customers and employees must
�at�ea=�6feet� wear a cloth face covering or mask "
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Figure 1: EVRC Signage Figure 2: Original Regulatory Signage
• Development of the Estes Vallev Safe & Stronq Resiliencv Plan (EVRC)
• Town use of digital message signs: "Masks Required in Businesses and
Downtown", "Welcome Back — Please Wear a Mask and Keep Distance", "Keep
Your Distance, Wear a Mask, Wash Your Hands" (currently running).
• Police Department education and enforcement support for Larimer County mask
order, aligned with Larimer County enforcement and outbreak teams. (Larimer's
mask order enforcement team is ramping up operations again as of July 15.)
• Implementation of the "Embrace the Views" outdoor business expansion program
to promote outdoor gathering and distancing.
• Consideration of Open Container options for public spaces to promote outdoor
gathering and distancing (still under consideration).
• Consideration of Stay Healthy Streets proposal to expand pedestrian spaces
(tabled by the Board).
• Co-hosted two virtual Town Halls, the first focused on local businesses and the
second on broader community impacts.
• Hosted webinars open to the public on civility and emotional intelligence.
• Participation in regional collaborative groups including Larimer County Recovery
Collaborative (we are also represented on the Chair Board for this group),
Larimer County Business Communication Group, NoCo Strong for Business,
DOLA's COVID-19 Peer Roundtable, and others.
Page 90
• CSU wastewater testing program
o The Town, Estes Park Sanitation District, and Upper Thompson Sanitation
District are working on a collaborative effort with Colorado State
University, Metropolitan State University, and 15+ wastewater providers
throughout the front range to explore the concept of monitoring influent
(raw sewage) for the presence of COVID-19. International research has
shown that a person with COVID-19 or any virus will shed the virus weeks
ahead of symptoms being displayed. If this signal can be caught early on,
it could give public health officials a head start on preventing a significant
outbreak.
• Continued collaborative efforts with getting out County messaging locally
o "Keep NoCo Open" campaign to begin in coming weeks: the focus on this
messaging changed in an effort to encourage those less inclined to wear
masks to do so in order to keep people safe and businesses open (see
below for example). This new campaign will focus on seven messages:
■ Face covering — mask up!
■ Social distance
■ Know before you go
■ Sanitation - Hand washing
■ In doubt, Opt-out
■ Be kind Be patient
■ Support local - Keep us working and in business
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Page 91
Much of the conversation at the July 14 Town Board meeting revolved around mask
requirements and communicating these effectively. On July 16, Governor Polis issued a
state-wide mask requirement for public indoor spaces and while waiting outdoors for
certain transportation operations (with some limited exceptions). This executive order
has significantly changed the communication landscape in regard to mask
requirements. In a survey put out by the Estes Chamber of Commerce on July 17, 68%
of business respondents indicated a preference for the Town to stick with the governor's
guidance (32% were interested in a renewal of the Town's ordinance requiring masks
downtown). This survey remains open and staff will provide updated numbers at the
Town Board meeting on July 28.
Advantaqes:
• Ensuring clear and consistent messaging and information sharing will help inform
residents and visitors about precautions to take in order to keep themselves and
others safe and businesses open.
Disadvantaqes:
• With constantly changing regulations and messaging from other levels of
government, it is easy for people (including local government officials) to become
confused regarding mask-wearing requirements.
Action Recommended:
Consider safety efforts and outreach to date and provide guidance to staff regarding any
further efforts the Board would like to see staff explore or pursue.
Finance/Resource Impact:
The Town granted $380,000 for community relief efforts. Direct costs associated with
outreach and information sharing has been minimal, though the work has been
extremely time intensive for staff.
Level of Public Interest
High
Attachments:
N/A
Page 92
Letter provided by TAB
�
: � TES PARK
July 17, 2020
To: Honorable Mayor Koenig
Board of Trustees
From: Belle Morris, Chair, Transportation Advisory Board
RE: Stay Healthy Streets pilot implementation during October
Dear Honorable Mayor Koenig and Trustees,
The Transportation Advisory Board (TAB) recommends implementing a Stay Healthy Streets pilot
in early October to test the ability to provide additional physical distancing space for visitors,
business work force and residents when Downtown. The COVIDI9 pandemic is becoming a "new
normal" for a while; providing a tested infrastructure plan can assist with current and future
situations concerning the public health and safety.
Estes Park welcomes visitors, work force and residents into the Downtown year-round. To help
enhance the confidence of safety, an expansion of public sidewalks into the street lanes along
Elkhorn Ave will demonstrate the Town's priority to the public. Providing a pilot test during the
waning visitor season, will reflect some business owners concerns of access issues to stores during
the peak of tourism season. The Stay Healthy Streets is a program that encourages business
vitality and creating a welcoming environment for guests. TAB is sensitive to the concerns from
Downtown business owners; therefore, requests a post peak season test.
Tourism, especially during a world pandemic, is influenced by confidence in travel safety. "People
may make different decisions depending on how they balance the risks to personal and
community health with their social, emotional, and physical needs." Dr. Lisa Miller, former state
epidemiologist and currently a professor of epidemiology at the Colorado School of Public Health
stated on Larimer County's website. TAB, in a unanimous vote, recommends a full pilot test be
conducted so that residents,work force and visitors are able to balance the risks, and feel
confident Estes Park has a tested infrastructure plan to reduce the spread of COVIDI9 virus.
The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the
opportunity to provide our recommendation. It is our intention to provide our collaborative
decision, after a robust review of an issue.
Sincerely,
Belle Morr
Chair, Estes Park Transportation Advisory Board
Page 93
Letter provided by TAB
�
- T E S � P A 3 K
July 17, 2020
To: Honorable Mayor Koenig
Trustees
From: Belle Morris, Transportation Advisory Board, Chair
RE: Support for reinstating a local Mask Ordinance
Dear Honorable Mayor Koenig and Trustees,
The Transportation Advisory Board (TAB) requests your consideration for implementing a
Mask Ordinance in response to the increasing numbers of COVIDI9 cases in Estes Park and
Larimer County. The seasonal pedestrian traffic in the Downtown corridor is significant,
which contributes to the spread of the COVIDI9 pandemic.
The Colorado Department of Public Health and Environment has communicated the risk of
revoking the current Larimer County variance, if the COVIDI9 cases do not decrease. Larimer
County Public Health announcement requests communities to help with efforts in reducing risk
behaviors. The TAB encourages an Estes Park Mask Ordinance be part of a mitigation plan to
address the growing number of cases.
As a citizen group, with downtown business representation, we encourage your leadership
decisions to provide safe multi-modal options for residents, work force members and visitors.
Through robust discussion at our July meeting, TAB members expressed concern about
ramifications to business sales when our sidewalks and stores are not respecting the request to
wear face masks or coverings nor providing safe physical distancing. Several members
referenced personal encounters in stores as well as observing behaviors on downtown streets
where masks were not used or used improperly. One member reported a social media site
promoting National Parks, which had discussion about Estes Park specifically not being a safe
destination due to lack of facial masks and physical distancing.
At the July meeting,TAB voted 5 (support) to 2 (oppose) and 1 (abstain) for a full mask
ordinance. The opposing view referenced concern that TAB may be overreaching in our request
even though it pertains to pedestrian transportation. The abstaining vote was due to lack of full
information to make a judgement. As pedestrians, and users of the transportation network it is
our recommendation an ordinance be created and implemented as soon as possible.
The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the
opportunity to provide our recommendation. It is our intention to provide our collaborative
decision, after a robust review of an issue.
rely,
Belle Morris
Chair, Estes Park Transportation Advisory Board
Page 94
: • . • • • • •
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The Board of Trustees want to hear from members of the community. The following
form was created for public comment on any current agenda items.
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19
and provided for with the adoption of Ordinance 04-20 on March 18, 2020.
Click here to view the current Agenda.
Please enter your full name. (This information is required to ensure the Town keeps accurate records of
public comment.
Name* Dr William OShaughnessy
Public comment must be received by noon the day of the Town Board meeting.All comments will be compiled
for Board distribution prior to the meeting.
To provide public comment on an upcoming item please use the drop down below to select the
Agenda item title.
Stance on item:* C' For C' Against f Neutral
Agenda Item Title* COVID-19 Safety Efforts and Outreach.
IF you do not see the Agenda Rem Title please errail public corrrr2nt to tow nclerk@estes.org.
Public comment can be attached using the Upload button below or typed into the text box below.
File Upload Fles are lirrited to FL7For JFG.
25 NB lirrit.Video files cannot be saved to the final packet and rrust be transcribed before subrritting.
Page 95
Comments for the Lirrited to a rraxirrumof 1000 characters.
Board of Trustees:* I recommend closing down ALL vacation rentals. IN doing so ,we will be able to
more effectively mitigate local e�osure to possible infection and re-infection. MOst
Vacation rentals are operated by private homeowners who have houses within
residential communities.These communities are mostly retired folks with average
age demographic of 70-95.This age bracket is particularly susceptible to
e�osure. Many of the renters go outside the rental and walk and try to engage the
members of our community.ln addition from Texas told me quite openly that back in
Mach they had been infected with Covid 19 , but are deemed clear.We knowfor
certain now that antibodies for this particular virus seem to lessen over time thus
making the original infection possible to be re=introduced. Furthermore,we also
have an issue with Vacation rentals as generally these folks cook in .They go to
our only big grocery chain, Safeway and quite often you see a line. Infection is
almost certain
Please note, all information provided in this form is considered public record and will be included as permanent record
for the item which it references.
� )
Page 96
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:; �-.L�s �.�..��..':, :�.,���=�� _.11_� -.�� -
J�: t«,w� v�• � �° �e`� �� ��� � � '�� .
The Board of Trustees want to hear from members of the community. The following
form was created for general public comment or public comment on any current agenda
items.
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19
and provided for with the adoption of Ordinance 04-20 on March 18, 2020.
Click here to view the current Agenda.
Please enter your full name.(This information is required to ensure the Town keeps accurate records of public
comment.
Name* Barbara Ayres
Stance on item:* For Against Neutral
Public comment must be received by noon the day of the Town Board meeting. All comments will be
compiled for Board distribution prior to the meeting.
Agenda items are available the Wednesday prior to each Town Board meeting.To provide public
comment on an upcoming item please use the drop down below to select the Agenda item title.
Agenda Item Title* General Public Comment
If you do not see the Agenda Item Title please email public comment to townclerk@estes.org.
Public comment can be attached using the Upload button below or typed into the text box below.
File Upload Files are limited to PDF or JPG.
25 MB limit.Video files cannot be saved to the final packet and must be transcribed before submitting.
Page 97
Comments for the Limited to a maximum of 1000 characters.
Board of Trustees:* I feel like the town needs to do more to protect visitors and residents. I was in a
business today where two people waiting in line to order did not have on masks.
Every time I go out I see people in stores without masks. Last night I heard from a
friend who works at a store downtown,about the owners(who own 4-5 businesses
downtown)who don't care if people wear masks--and they don't want their
employees to do anything to enforce the ordinance. I doubt that they are alone in
their thinking and practice. Masks do not keep people out of stores as we have
seen--iYs just that some people will not wear them and they should not be welcomed
into businesses in our town. In places where there is a strong message, everyone
wears a mask--I recently spent time in the downtown of Buena Vista and people of
all ages wore their masks outside. I regularly watch videos from Breckenridge where
there is a mandatory mask ordinance for outside in the downtown--people wear
masks. Do more!!
Please note,all information provided in this form is considered public record and will be included as permanent record for
the item which it references.
� J
Page 98
i
T��N o� ESTES PARr
Memo �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 28, 2020
RE: Liquor Licensing: New Hotel & Restaurant Liquor License Application for
Black Canyon Catering Inc. dba The Boulders, 800 MacGregor Avenue,
Suite 243, Estes Park, Colorado
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER Liquor
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Approval of a new Hotel & Restaurant liquor license located at 800 MacGregor Avenue,
Suite 243, Estes Park, Colorado. Application filed by Black Canyon Catering Inc. dba
The Boulders.
Present Situation:
An application for a new Hotel & Restaurant liquor license was received by the Town
Clerk's office on June 29, 2020. All necessary paperwork and fees were submitted;
please see the attached Procedure for Hearing on Application — New Liquor License for
additional information. The applicant has filed a concurrent review application with the
Department of Revenue. The applicant is aware of the Town Board's Training for
Intervention Procedures (TIPS) requirement. Staff has not confirmed the status of the
TIPS training as of the writing of the is memo.
The licensees currently hold a liquor license at the location within a separate building by
Black Canyon Catering, Inc., dba The Homestead, formally the Twin Owls Steakhouse
location. This is a new wedding facility currently under construction on the property.
Proposal:
To present the application for the Town Board's review and consideration for a new
Hotel & Restaurant liquor license.
Advantaqes:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 99
Disadvantaqes:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Hotel & Restaurant liquor license.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Hotel & Restaurant liquor license is
$1,319.00. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the annual
renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor license
is $869.00.
Level of Public Interest
Low.
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Hotel & Restaurant liquor license
filed by Black Canyon Catering Inc. dba The Boulders be approved/denied.
Attachments:
1. Procedure for Hearing
2. Application
3. Individual History
4. Police Report
Page100
ATTACHMENT 1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1. MAYOR.
The next order of business will be the public hearing on the application of Black
Canyon Catering Inc. dba The Boulders for a new Hotel & Restaurant Liquor
License located at 800 MacGregor Avenue #243, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2. TOWN CLERK. Will present the application and confirm the following:
❑ The application was filed June 29, 2020.
❑ At a meeting of the Board of Trustees on July 14, 2020, the public hearing was
set for 7:00 p.m. on Tuesday, July 28, 2020.
❑ The neighborhood boundaries for the purpose of this application and hearing
were established to be 4.70 miles.
❑ The Town has received all necessary fees and hearing costs.
u The applicant is filing as a Corporation.
❑ The property is zoned A - Accommodations which allows this type of
business as a permitted use.
❑ The notice of hearing was published on Julv 17, 2020.
❑ The premises was posted on Julv 15, 2020.
�
Page101
❑ There is a police report with regard to the investigation of the applicant.
❑ Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
❑ There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
❑ The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
❑ The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
❑ The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
❑ Indicate that all evidence presented will be accepted as part of the record.
❑ Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
❑ Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
2
Page102
ATTACHMENT 2
bR8404(09/25/19) Colorado Liquor
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303)205-2300 Retail License Application
❑ New License �New-Concurrent ❑ Transfer of Ownership ❑ State Property Only
• All answers must be printed in black ink or typewritten
• Applicant must check the appropriate box(es)
• Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor
1. Applicant is applying as a/an ❑ Individual ❑ Limited Liability Company ❑ Association or Other
�Corporation ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC;if partnership,at least 2 partner's names;if corporation, name of corporation FEIN Number
. _ �, .
C C �UD�U L'i4�P�l,(.t'�r , /.(�C - - - -
2a. rade Name of Establighment(DBA) ' I State Sales Tax Number Business Telephone �
��.��e�� � . ...._ . _ _ . _ ��'�3��0
3. Address of Premises(specify exac location of premises,include suite/unit numbers)
-� �l�c��P�R �//2 . S����. z-�3
CitY � � County State ZIP Code
�S�Ps �i�21C L.4R��I��P �o � �.�1'�
4. Mailin Address (IVumber and Street City or To n State ZIP Code
�o� �I,4cr�,��o� �� �s�s �'�Qk � � �.�'��
�5. Email ddress
r�'n �./�1,��,�I. C��(
6. If the premises cu rently has a liquor or�er license,you must answer the following questions
Present Trade Name of�st��ishment(DBA) I Present State�nse Number Present Cla��f License I Presen;�xRir�tion Date
1(%/ i(l/� !r/ /v/
Section A ` Nonrefundable Application Fees Section B(Cont.) � Liquor License Fees
❑ Application Fee for New License............................................$1,550.00 ❑ Lodging 8 Entertainment-L&E(County) ...........................................$500.00
�Application Fee for New License w/Concurrent Review............$1,650.00 ❑ Manager Registration-H 8 R................................................................$75.00
❑ ApplicationFeeforTransfer...................................................$1,550.00 ❑ ManagerRegistration-Tavern...............................................................$75.00
Section B Liquor License Fees ❑ Manager Registration- Lodging&Entertainment................................$75.00
❑Add Optional Premises to H&R.........$100.00 X Total � Manager Registration- Campus Liquor Complex...............................$75.00
❑Add Related Facility to Resort Complex$75.00 X Total � Master File Location Fee........................$25.00 X Total
❑Add Sidewalk Service Area....................................................................$75.00 ❑ Master File Background......................$250.00 X Total
❑Arts License(City)................................................................................$308.75
❑ Optional Premises License(City)............................................: ...:.:.$50Q00
❑Arts License(County)..........................................................................$308.75 ❑ O tional Premises License Coun
P � tY)......................................: . :..$500.00
❑ Beer and Wine License(City)..............................................................$351.25 ❑ Racetradc License(City) . .:. $50Q 00
...........................................................
❑ Beer and Wine License(Counry)........................................................$43625 ❑ Racetradc License Coun ........ $50000
( tY)....................................................: .
❑ Brew Pub License(City) .................................................................... $750.00 ❑ Resort Com lex License C' • ........$500 00
P ( �Y)................................................: .
❑ Brew Pub License(County).................................................................$750.00 ❑ Resort Com lex License Coun
P � tY)..........................................:• ..:.....$500.00
❑ Campus Liquor Complex(City)...........................................................$500.00 ❑ Related Facil' -Cam us Li uor Com lex C'
�Y P q P � �Y)......................,....;$16000
❑ Campus Liquor Complex(County).....................................................$500.00 ❑ Related Facil' Cam us Li uor Com lex Coun
�tY- P q P ( H)............: ..:...$�saoo
❑ Campus Liquor Complex(State).........................................................$500.00 ❑ Related Facility-Campus Liquor Complex(State)................. ....:..$160 00
❑ Club License(City)...............................................................................$308.75 ❑ Retail Gamin Tavem License C' ..$50000
9 ( �Y)......................................: ..
❑ Club License(County) ........................................................................$308.75
❑ Retail Gaming Tavem License(County).................................:::•: .$500.00
❑ Distillery Pub License(City).................................................................$750.00 ❑ Retail Li uor Store License-Additional C' .........$227.50
q ( �Y).........................:•.
❑ D'stillery Pub License(County)...........................................................$750.00 ❑ Retail Li uor Store License-Additional Coun ........$312•50
q ( tY)...................:•.
Hotel and Restaurant License(City)...................................................$500.00 ❑ Retail Li uor Store Ci
q ( tY).......................................................................$227.50
❑ Hotel and Restaurant License(County) ............................................$500.00 ❑ Retail Li uor Store Coun
4 � tY).................................................................$312.50
❑ Hotel and Restaurant License w/one opt premises(City).................$600.00 ❑Tavern License Cit
( Y)..........................................................................$500.00
❑ Hotel and Restaurant License w/one opt premises(County)............$600.00 ❑Tavern License Count
� Y)....................................................................$500.00
❑ Liquor-Licensed Drugstore(City).......................................................$227.50 ❑ Vntners Restaurant License(City) $750.00
......................................................
❑ Liquor-Licensed Drugstore(County).................................................$312.50 ❑Vntners Restaurant License(County) $750.00
.................................................
❑ Lodging 8 Entertainment-L&E(City)................................................$500.00
Questions?Visit: www.colorado.gov/enforcementAiquorfor more information
Do not write in this space -For Department of Revenue use only
Liability Information
License Account Number I Liability Date I License Issued Through(Expiration Date) I Total
� A�no�nz
1
DR8404(09/25119) Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure.
All documents must be properly signed and correspond with the name of the applicant exactiv.All documents must be typed
or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are
nonrefundable. Questions?Visit: www.colorado.gov/enforcement/liquorfor more information
Items submitted, please check all appropriate boxes completed or documents submitted
I. A plicant information
� A. Applicant/Licensee identified
� B. State sales tax license number listed or applied for at time of application
� C. License type or other transaction identified
� D. Return originals to local authority (additional items may be required by the local licensing authority)
.� E. All sections of the application need to be completed
II. Diagram of the premises
� A. No larger than 8 1l2"X 11"
B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)
� C. Separate diagram for each floor(if multiple levels)
J7J D. Kitchen - identified if Hotel and Restaurant
� E. Bold/Outlined Licensed Premises
III. Proof of property possession (One Year Needed)
Deed in name of the applicant(or) (matching question#2) date stamped/filed with County Clerk
B. Lease in the name of the applicant(or) (matching question#2)
❑ C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant
❑ D. Other agreement if not deed or lease. (matching question#2)
IV. Background information (DR 8404-I) and financial documents
❑ A. Complete DR 8404-I for each principal (individuals with more than 10% ownership, officers, directors,
partners, members)
B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state
vendor. Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
IdentoGO—https://uenroll.identogo.com/
Phone: 844-539-5539 (toll-free)
IdentoGO FAQs: https://www.colorado.gov/pacific%bi�dentification-faqs
Colorado Fingerprinting—http://www.coloradofingerprinting.com
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/
Phone: 720-292-2722 Toll Free: 833-224-2227
❑ C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license
❑ D. List of all notes and loans (Copies to also be attached)
V. Sole proprietor/husband and wife partnership (if applicable)
�/�❑ A. Form DR 4679
i(/ ❑ B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
V�. Cqrporate applicant information (if applicable)
.�� A. Certificate of Incorporation
� B. Certificate of Good Standing
� C. Certificate ofAuthorization if foreign corporation (out of state applicants only)
VI1. Partnership applicant information (if applicable)
,I ❑ A. Partnership Agreement(general or limited).
u�❑ B. Certificate of Good Standing
VIII. Limited Liability Company applicant information (if applicable)
❑ A. Copy of articles of organization
'/ � B. Certificate of Good Standing
,V�❑ C. Copy of Operating Agreement(if applicable)
❑ D. Certificate ofAuthority if foreign LLC (out of state applicants only)
IX. Manager registration for Hotel and Restaurant, Tavern, Lodging 8� Entertainment, and Campus Liquor
�Co plex licenses when included with this application
A. $75.00 fee
� B. Individual History Record (DR 8404-I)
❑ C. If owner is managing, no fee required
Page104
2
' DR 8404(09/25/19)
Name IType of License IAccount Number �
7. Is the applicant(including any of the partners if a partnership;members or managers if a limited liability company;or officers, Yes No .
stockholders or directors if a corporation)or managers under the age of twenty-one years? . ❑ �
8. Has the applicant(including any of the partners if a partnership;members or managers if a limited liability company;or officers,
stockholders or directors if a corporation)or managers ever(in Colorado or any other state):
a.Been denied an alcohol beverage license? � �
b.Had an alcohol beverage license suspended or revoked? � ,�
c.Had interest in another entity that had an alcohol beverage license suspended or revoked? � �f
If you answered yes to 8a,b or c,explain in detail on a separate sheet.
9. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the ❑ ,�
preceding two years?If"yes",explain in detail.
10. Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of � �'
Colorado law,or the principal campus of any college,university or seminary?
or
Waiver by local ordinance? ❑ ❑
Other:
11. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1500 feet of another retail liquor license for off-premises ���
sales in a jurisdiction with a population of greater than(>)10,0000?NOTE:The distance shall be determined by a radius measurement
that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- ❑ ❑
way of the Licensed LLDS/RLS.
12. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3000 feet of another retail liquor license for off-premises ,//�
sales in a jurisdiction with a population of less than(<)10,0000?NOTE:The distance shall be determined by a radius measurement ,-��-�,/�
that begins at the principal doorvvay of the LLDS/RLS premises for which the application is being made and ends at the principal L1 ❑
doorway of the Licensed LLDS/RLS.
13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016? I��
r
13 b.Are you a Colorado resident? � �
14. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a �
Limited Liability Company;or officers,stockholders or directors if a corporation)?If�,identify he name of the bu�ine/f/���nY ❑
current financial interest in said business including any loans to or from a licensee. ��/ /'�
15. Does the applicant,as listed on line 2 of this application,have legal possession of the premises by ownership,�ase or other �' �
arrangement?
❑ Ownership �Lease ❑ Other(Explain in Detail)
a.If leased,list name of landlord and tenant,and date of expiration,exactly as they appear on the lease:
Landlord Tenant �Ex ires
�' �/ (.'O,I>�5 L�A-F:� CR�/�D�(/ C�eR/,liri- .�-�-o�ja
b.Is a percentag of alcohol sales included as compensation to the landlord? If ye�complete question 16. � �'�
c.Attach a diagram that designates the area to be licensed in black bold outline(including dimensions)which shows the bars,brewery,walls,
partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no largerthan 8 1/2"X 11".
16. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies)will loan orgive money,
inventory,furniture or equipment to or for use in this business;or who will receive money from this business?Attach a separate sheet if necessary.
Last Name I First Name Date of Birth FEIN or SSN Interest/Percentage
Last Name I First Name Date of Birth FEIN or SSN I Interest/Percentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement,by which any person(including
partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement
relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation.
17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: �
Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested.(See license fee chart)� f
18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from
the local governing body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or
other legal permissions.
I
19. Liquor Licensed Drugstore(LLDS)applicants,answer the following: ,///�
a.Is there a pharmacy,licensed by the Colorado Board of Pharmacy,located within the applicanYs LLDS premise? ����h`-I
If"yes"a copy of license must be attached.
��/ 1`_� f
Page 105
3
DR 8404(09125/19)
Name IType of License IAccount Number
20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation I
a.Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and not for pecuniar�{� ❑ ❑
b.Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely��i h � �
object of a patriotic or fraternal organization or society,but not for pecuniary gain?
c.How long has the club been incorporated? �
d.Has applicant occupied an establishment for three years(three years required)that was operated solely for the reasons stated above?� � �
21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: ///� � �
a.Has the applicant received or applied for a Federal Permit?(Copy of permit or application must be attached) i(/�
22. Campus Liquor Complex applicants answer the following: 1
a.Is the applicant an institution of higher education? ./ Yes No
�� ❑ ❑
b.Is the applicant a person who contracts with the institution of higher education to provide food services? � �
If"yes"please provide a copy of the contract with the institution of higher education to provide food services.
23. For all on-premises applicants.
a.Hotel and Restaurant,Lodging and Entertainment,Tavern License and Campus Liquor Complex,the Registered Manager must also submit an
Individual History Record
-DR 8404-I and fingerprint submitted to approved State Vendor through the Vendor's website.See application checklist,Section IV,for details.
b.For all Liquor Licensed Drugstores(LLDS)the Permitted Manager must also submit an Manager PermitApplication
-DR 8000 and fingerprints.
Last Name of Mana,�r���� I First Nam�M �ager
if G %Z'/'i K
24. Does this manager act as the manager of,or have a financial interest in,any other liquor licensed establishment in the State of � �'
Colorado?If yes,provide name,type of license and account number.
25. Related Facility-Campus Liquor Complex applicants answer the following: Yes No
a.Is the related facility located within the boundaries of the Campus Liquor Complex? �� ❑ ❑
If yes,please provide a map of the geographical location within the Campus Liquor Complex.
If no,this license type is not available for issues outside the geographical location of the Campus Liquor Complex.
b.Designated Manager for Related Facility-Campus Liquor Complex
Last Name of Manager �First Name of Manager
26. Tax Information. Yes No
a.Has the applicant,including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any � �
other person with a 10%or greater financial interest in the applicant,been found in final order of a tax agency to be delinquent in the
payment of any state or local taxes,penalties,or interest related to a business?
b.Has the applicant, including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any ❑ �
other person with a 10%or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section
44-3-503,C.R.S.?
27. If applicant is a corporation,partnership,association or limited liability company,applicant must list all Officers,Directors,General Partners,
and Managing Members. In addition,applicant must list any stockholders,partners,or members with ownership of 10%or more in the
appiicant.All persons listed below must also attach form DR 8404-I(Individual History Record),and make an appointment with an approved
State Vendor through their website.See application checklist,Section IV,for details.
Name Home Address,City 8�Stat DOB I Positio %O ned
C ,U.DQC'Gv � O C C� 0 C�l� ,�l �x �. -- . ; C I ��
Na e me ddr ss,City State DOB ��l�osition %Owned
/.0��� /7 o,P�//� .v,� , ' - ,
Name �Home Address,Cdy&State " I DOB Position %Owned
Name I Home Address,City&State I DOB Position %Owned
Name I Home Address,City&State I DOB I Position %Owned
'*If applicant is owned 100%by a parent company,please list the designated principal officer on above.
'*Corporations-the President,Vice-President,Secretary and Treasurer must be accounted for above(Include ownership percentage if applicable)
' If tot I ownership percentage disclosed here does not total 100%,applicant must check this box:
�Applicant a�rms that no individual other than these disclosed herein owns 10%or more of the applicant and does not have financial interest in a
prohibited liquor license pursuant to Article 3 or 5,C.R.S.
Page106
4
' DR 8404(09�25119]
Name �Type of License IAccount Number
Oath Of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my
knowledge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the
Colora�Liquor or Beer�ed�which affect my license.
Aut i d i ure���G i/ Pri ted Name and TitleCl` ' �r�("��� I(O t n(7"�OS�
;/ 1 1
- vv�-- Report and Approval of Local Licensing Authority (City/County)
Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application)
�I zsz lz�z� `�-f z-�, [�"z_o
The Local Licensing Authority HerebyAffirms that each person required to file DR 8404-I(Individual History Record)or a DR 8000(Manager Permit)has
been:
❑ Fingerprinted
❑ Subject to background investigation,including NCIC/CCIC check for outstanding warrants
That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with
and aware of, liquor code provisions affecting their class of license
(Check One)
❑ Date of inspection or anticipated date
❑ Will conduct inspection upon approval of state licensing authority
❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1,500 feet of another retail liquor license for off- Yes No
premises sales in a jurisdiction with a population of>10,0000? ❑ ❑
❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3,000 feet of another retail liquor license for off-
premises sales in a jurisdiction with a population of< 10,0000? � �
NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises
for which the application is being made and ends at the principal doonnray of the Licensed LLDS/RLS.
❑ Does the Liquor-Licensed Drugstore(LLDS)have at least twenty percent(20%)of the applicanYs gross annual income derived
from the sale of food,during the prior twelve(12)month period? � �
The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.We do
report that such license, if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,and will comply
with the provisions of Title 44,Article 4 or 3,C.R.S.,and Liquor Rules.Therefore,this application is approved.
Local Licensing Authority for ITelephone Number I ❑ Town,City
❑ Countv
Signature �Print �Title �Date
Signature I Print �Title Date
Page107
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ELEV.
� Liquor License
- Date:
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. � ATTACHMENT 3
• DR 8404-I(03 20 19]
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement D�vis+an
(303)205-2300
Individual History Record
To be completed by the following persons, as applicable:sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10%or more of the outstanding stock; managing members or officers of a limited liability company,
and members ov�ming 10% or more of the company; and any intended registered manager of Hotel and Restaurant,Tavern and
Lodging and Entertainment class of retail license
Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by"N/A".Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Pho Number Cellular N er
.�k c�,v�v,�/ c�-�e�i,��- �,�c I u�� ���..�''i. 2�6�
2.Yo r Full Name tlast f�rst, middle) 3 List any oth r names you have used
�c�4,�f�L cv , G�fA-R K, S`�P��2� I ,��A-
4.Mailing add����f d�fferent from r�sidence) Emya�il AddreSs �j
/V /�l�/� II/��h � (�// �/�t71:(/. ��
5. List curren4 residence address. Include any previous addresses within the last five years. (dttach separate sheet if necessary}
Street and Number � City,State,Zip I From I To
!�� C��(,C2GLo�Z C�t/ G��l,l>,Ue� . �X , �.��7z� �D�� � AR�C�,�'�
Previous I � / � I I
6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business � Address(Street, Number, City, State,Zip) I Position Held I From I To
Re�-�R�� I (aD�'� I PRPse�,'-�
I I I I
I I I
7. List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative I Relationship to You I Position Held I Name of Licensee
�) I� I I I
` I I
I
I I
8. Have you ever applied for, held,or had an interest in a Colorado Liquor or Beer License, or loaned money, •
furniture,fixtures, equipment or inventory to any licensee?(If yes, answer in detail.) �s .o
r� ���s�e�o G��P,��� � o�- /��1� -
�
9. Have you ever received a violation notice,suspension,or revocation for a liquor law violation, or have you �
applied for or been denied a liquor or beer license anywhere in the United States?(If yes, explain in detail.) �Yes o
Page111
OR 630a-i(03 20 19,
I 10 Have you ever been convicted of a crirne or received a suspended sentence,deferred sernence, or forfeited =- �
bad fer any offans�in crim!nai or mil�tary court or do you have any cnarges p�nding?(if yes, explain in detail) ' �"es �o
I �
I 11 Are you currentiy und=r probaiion (supervi;ed or unsuparvis2d), parole, or completing the reyuirements of a _ ,../
deferred sen?ence? (If yzs expia�n in de;ail.) Yc' �P�o
I • ---- /
� 12. Ha�e you ever had any profess:onal I�cense suspended, revoRad or d=ni�d?(If yes, explain in detaii l Yes �hlo �
Personal and Financial Information
Un'�as ot�en�;�se prov-o�d by la:v. tnc personai irformation requ:red in q,�asi�on�i3 v�il! b� tf�e!ed �5 con`�d=ntia' Th=personal
informaUo�ti r�yu�red in qu�siicn#13 is soleky for id?ntifica'tion puracses
f 138.C3's Gf Ri!t� �� Soc!pi S:cu�ity Numbar /i .Piace e*Eirth ; �� ^_
I _,� � ."1 �` �UQ��{'���iv ��1 f o U S C<<¢en 1C Yes 1_r:o I
� i
II`td-a::.r?��ed 5:3tc:`.ne'�ll� I f.�''I�i?t1 �J/� I[I Nam�0;D�SinCt CG�/,q I
f' i � I�'1` �
ih lJa:��.. P3L.,.(J�';�'?:cT:L'�'C8 i! Da:�c:r�_•�•�:�IC2�i0(i IF�nrLen G.eA.ers ISifa:+a� i'� n �
J ��,�n �V�IT IJ J �3 Car� ,�mc=_f�i ?e•ma^�ant Res�da. r_e Card N��ice�
n: � .c�fr-
f�c_�'E �" �.':=7' �' i^.� :." C r':=�.,:'�.f (J �i9���' C'C G�l�:= -� _G'�?f 5�1=E'S��il.7!�i�= a��
�� � rl I � � r� � r'��i;� - - - ✓ '�-; Y __���c.z;rw•r r ry_ c„e n�foer ard st_ �
' 1 � �kG' uf��. �,� t�Roc-v,;r i ( ��`�.���_ ... ,,� -.^_ —s:�,� T"k
�
14. �ir�2ncia (n:`�rr��a�i;n � .
a iot�,c ��'r�;:�,G;c��,��v�si,r�nl b_u��made by tr�o,����,ir,:��i�;i,, a_rpn;�r���. pa-tn��si�ip li;,uted ii?b��ity co�npany, other.
S /�, [���
� b List tha i�i��omuim:of tha personal �r:astri�ni I7lc� �•_by 1f1� j.2f5G�1�15!c� Ufi U!ies'.�on#2, in �ir��iJ5111@SS I�::IUd�ng any
1 /' /
I fi0fP5 (�STS CHS�� SE(/i�?S 0'EiU'FI?icfl; C�cf�Li1�CaD��r�, 5!G::k.�.iU''�_f185�5 OI fc�5 Cal� 5 (�
j ' If corporate investment only pl�ase skip to and complete section (dl
! " Saction b should refiect the total of sections c and e
'� F�c•�a=�=ta��s �`t�_;?::rsonal irr.2Si;r��nt d�;�nbed in 14b �iQU�IUSi c.r,GOU'lI for all of the sources of this inVc3?fT12�i
" .�:,�:-�a 5cp•�'zt3 shc�� i`%�cd�d) .
i T/pe: Cash. Services or Equipment � Account Type � Bank Name ; Amount
' ` _ _. _l._ �
�_ ___ �___. �
�--- ------------------'-- t -------- I — •— ---,------
' ( i
i I
� � � I
,^ �rov�de details of th�corporate inv�$!R1=•^�i ces�ribed in 14 (a).You mu;f 2ccouni for ali of the sources of this inie;im,ent. tAttach a
s2para;e sheet if needed) � �
Trpa: Cash,Sen;ices or Equipment Loans ; Account Type � Bank Name � Amount �
G��f ,r!l�- ;ch��<c�Cr I c��-s P I/�_ODo.�--
_ , ; i , ,
,
,
_ _ I ► I ; �
_ __�' i,`o���ti�n (.4!tach copies of ali notes or loans)
Name of Lender ( Address I Term � Security j Amount �
` I I I I '
! ! I I I
? f i i I
� �
, I � I
Oath of Applicant
_:�._� ��_•ce:+a'tv o�c�r�ury that this apol�cabon and ali attachments are true,correct. and comqleta to the best of mv knowledae.
'�5 I Pnnt � nature Titie I D te
;�«������ �l�K S N��4�II�I�u� I SecRP-�� ��-�
� � .
DR 8404-I(03 20 19}
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement D�vis+on
(303)205-2300
Individual History Record
To be completed by the following persons, as applicable:sole proprietors;general partners regardless of percentage ownership,and
limited partners owning 10°/a or more of the partnership;all principal o�cers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10%or more of the outstanding stock; managing members or officers of a limited liability company,
and members o�rming 10%or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice:This individual history record requires information that is necessary for the ficensing investigation or inquiry.A{I questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable,please indicate
so by"N/A".Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.N me of Business I Home Phon,e��mber �Cell-u�j�lumb r
I �� �a�D,� ��-�RI,��-- �,�� ;� r� o'.
2.Yo r Full Name(last,fitst,middle) 3.tist any ther names you have used
l��A-,vl��e� , /.�-uR� , �"�e � C'o��r,v�. s��ns. ��0�2 K
4.Mailing zddress(if�1��nt from residenc�e) Email Address � '
/U� I i n�c,�,�oRPLv�a ti r� � v,��. c��r
� 5. List current res�idence address. Include any previous addresses within the last five years. (Attach separafe sheet if necessary)
� Street and Number � City,State,Zip � From � To
Current
I 6�{d Lf Cf/4,�/c2G�m,Q l.�(/ I /r���1,�,�/e�; �; ��'�� I ��1� I PRPs��
�Previous I � I I ,
I 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
� Name of Employer or Business � Address (Street, Number, City,State,Zip) � Position Held � From � To
R�-�R�� I � I�Dl� 1�R�,��
! I I I
I I I I
� 7. List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative � Relationship to You I Position Held � Name of Licensee
�ll� I I I
� � � �
I I I I
I 4 I � ,
8.Nave you ever applied for,held,or had an interest in a Colorado Liquor or Beer License, or loaned money, �es ,•��o
furniture,fixtures,equipment or inventory to any licensee?(If yes, answer in detail.)
�;� {-�i�esE�°� G�c��� � �3-�a�1�
l 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you []Yes �No
� applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)
Page 113
.
DR fid�4-��J3 20 1S
I 10. Have you ever b=_en c�nvicted of a crima or received a suspand?d sentence, deferred sentence, or forfeit=d ,��
ba�i for any oftense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) �'Yes �No
I
I 11.Are you currant!y undar probation (supervised or un�upar:is�d), parole or compl2ting tha requiremznts o`a — �
deferred ser,lence� (If yes explain in detail.) i_Yes No
I -------- - - - --__--• —
� 12. Hav�you ever h3d any pr��essional license susperded re�:oked, or den�ed? (if yes, explain in d2tail.) (�`'res_ ��e �
Personal and Financial lnformation
Unlzss ethervvise provided by la4v, thz personal information r�quired in q;:eshon:13�vill bL t�zated as confidential.Th�personal
inforrr�ation required�n question�i 3 is solely for id�ntificaticn p�rposes
�3a Q=_te o�B��n 't So-�ej$e�utdv Numbzr Ic ^rlar�of Buth i I
_ ..� I , ' _ . . _ `�tz ( ! y,vCc,�v/L � i d u.s.c�c«�; �_� ���r�:
e.I�Na;urs,iz�; s`•.a'e v�her3� (f l`•Jne���/� ' Ig Nama ef D�s;r�Cp.�n
�l �I T
r.N;:���•aa'.�or Cer'Yi�a:d Nu�o�• !i D_Ea ot C r;�fcai�or, �i 1=a�A`a- G-:FP.�ens Re sV3[ior Ca�d NJroer f P_'.ranci�'t R�si,�=nw=Card f�l�r•�-
���- ' ,���- I� ,,�'� � .,_
!'I H�ioh' m :'Je�oh, �n Ha�Colo; i o Eye Co!or ;p G�rae� �a D:,yo�n9ve a cu-rant Gr:�:er's,L�cense:tD�li so.gi:�rumcer ard s:ate
I_h�"3 " ! /�'U ' (�Rv�i(/ � Gi�eC',v' � 1� ;uY�_ .;r�� � --_-- --s.,._ 7-?C
' '-
14. Fi�2rci21 Info�mat�on
a. iofal ur n"�c,r in�.estrr�nt being r�a�;� bf !n����.�iy��y cni�iy �.-QiY�J(3;i:;n, partnersh�p, I�rtitc7 iiabili;y compan}' ot��r
s /�,�•� '
b. List tne totai amount e';h� personal investmen!. rnade b�th=parson listed on q��e;tion R2. in t7is tusin�ss including any
n�t�s loans,cash s�rv�ce� or eq:r.pmant operat'ng capi�a! stocF;pu,cilaS?S 0�f?ES paid. � � '
' If corporate investrn�nt only plzase skip to and complete section (d)
" Saction b should reflect the total of sections c and e �
Ic Provide details of the personal mv�strr�nt described in 14�. You must acccunt for aA of the soures oi t��is investment
(N.ttach a separata sheet ii ne�ded)
� Type: Cash, Services or Equipment j Account Type � Bank Nartie � Amount
- � ____—- ( I
---- - •---- � �
� .. I ------�._—_...._._ I
—-�------- � _.� �
I ' � I
i �
� ,
I , �
Id. Provide datails of ths corporate investmen;described in 1� (a) 'You must account for all of the sources of this investm=nt. (Atta�h a
separate sheet if needed)
� Type:Cash,Services or Equipment j Loans � Account Type � Bank Name i Amount �
� �'.�l� I �/�� �l'�c�r,t��" � �'�S� � /�.G�D.`x� (
I r i_ _ _ � _ . ; _ . 1
I I � I i 1
�e. Loan Information (Attach copies of ali notes or loans) �
� Name of Lender � Address � Term � Security � Amount �
� I ! I i
� I f f I
I 1 I I I . j
I I I ! �
Oath of Appiicant
I declare under penalty of oerjury that this application and ail attachments are true. correct,and complete to the best of mv knowledQe
AY orizeo S�gnaty�eI,,, 'Prir.t Signat�r� Title �Data P �y'�,-,�
,�c: �/(� .t � �. �! �a����� h1�ia,�r�re<<� I ,�Res��e,vf' �O'o��a�/
DR 8404-I (08 10116�
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Drvision
{303)205-2300
Individual History Record
To be completed by the following persons,as applicable: sole proprietors;general partners regardless of percentage ownership, and
limited partners owning 10%or more of the partnership;all principal officers of a corporation, all directors of a corporation,and any
stockholder of a corporation owning 10%or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and
Lodging and Entertainment class of retail license
Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by"N/A".Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1. me of Business Home Phone Number Cqellular Number
�GtG� �Gn�lor� C�-�'2Cir�q I I ['0— (o`�pl- C�.S'�I
2.Your Full Name(last,first,middle) J I3.List any other names you have used
Nee.dh��. .m�.fk , ��M�s
4.Mailing address jif different from residence) Email Address
�G� �-�ti P i n �n.c .F5�-es �a!'k.C U �OS 1 l I �a r ki��es�. k Co n ci o�r.�o,v�
5. List current residence address. Include any previous addresses within the last�ve years. (AttacFi separate sheet if necessary)
Street and Number I City,State,Zip � From � To
Current
�0�3 ChGpi.. �nf. I�'-�-es �a��. . CG . ��OS'11 I��'Z��`� ��QSt..�
Previous ' '
3321 R a c�.�,.,ood L�.� So u-4-�. I ES-I•e.s ��r� , �.G, � G S I 1 I 3 �Z.� 11 I`r �L�l�i
6. List all employment within the last�ve years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business � Address(Street, Number, City,State,Zip) � Position Held � From � To
�esrPG,r�. Cor�dos I��.� d dr. ��a, E�s ��.C���S��IChe��'o�c;��-�..., I3���� I��ese,.-�
$�r��E Car.�lar �r�� IInc�IC��2��r.�CyO .��-�ct�c.-�.foScSi11 GGO � �Z�� I l�l�S�.�l-
I J 1 / ( I I
7. List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Narpe of Relative � Relationship to You � Position Held � Name of Licensee
�//� I I I
"V �' ` I I I
I I I
I I I
8. Have you ever applied for, held,or had an interest in a Colorado Liquor or Beer License, or loaned money, ��
furniture,fixtures, equipment or inventory to any licensee?(If yes, answer in detail.)
❑Yes Ly'No
9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you �,.,/
applied for or been denied a liquor or beer license anywhere in the United States?(If yes, explain in detail.) ❑Yes L�No
Paae 115
10. Have you ever been convicted of a crime or received a suspended sentence,deferred sentence, or forfeited
bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.) �Yes No
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a
deferred sentence? (If yes,explain in detail.) ❑Yes No
12. Have you ever had any professional license suspended, revoked,or denied?(If yes,explain in detail.) ❑Yes [✓7No
Personal and Financial Information �
Unless otherwise provided by law,the personal information required in question#13 wili be treated as confidential.The personal
information required in question#13 is solelv for identification purposes.
13a.Date of Birth I h �ocial Security Number c.Piace of Birth �,/
.- , . I�.�v�a��+cn ,'�j�x I d.U.S.Citizen LJ Yes ❑No
e.If Naturalized,state where I f.When ' I g. Name of District Court
h.Naturalization Certificate Number I i.Date of Certification Ij.If anAlien,GiveAlien's Registration Card Number I k.Permanent Residence Card Number
I.Height m.Weight n.Hair Color o.Eye Color p.Gender q.Race ,r�.D,�you have a current Driver's License/ID?If so,give number and state.
bj Z� 2.3 v I �fQt,.+n I�fcwn I r'1o,� I�11��� IL"lYes ❑No tate G�Iorqde
14. Financial Information.
a.Total puy��e price or investment being made by the applying entity,corporation, partnership, limited liability company, other.
$ �
b. List the�total amount of the personal investment , made by the person listed on question#2, in this business including any
notes, loans, cash,services or equipment,operating capital, stock purchases or fees paid.$�
*If corporate investment only please skip to and complete section (d)
`*Section b should reflect the total of sections c and e
c. Provide details of the personal investment described in 14b.You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Services or Equipment � Account Type � Bank Name � Amount
( I I
I I I
I I I
I I I
d. Provide details of the corporate investment described in 14(a).You must account for all of the sources of this investment. (Attach a
separate sheet if needed)
Type: Cash,Services or Equipment � Loans � Account Type � Bank Name ( Amount
I I I I
I I I I
I I I I
e. Loan Information(Attach copies of all notes or loans)
Name of Lender � Address � Term � Security � Amount
I I I I
I ( ( I
I I I I
I I I I
Oath of Applicant
I declare under oenaltv of�eriury that this aoolication and all attachments are true. correct.and comolete to the best of mv knowledoe.
Author'�zed Signa�ty�e Print Signature Title Date
�11n't'� 1 m �n� �P.��1�rr I�-hie,� Om rG-�o�s �f��� ���z�
L '
ATTACHMENT 4
�
- -��
TO�N oF ESTES P
July 14, 2020
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
RE: Black Canyon Catering Inc. da The Boulders
McAndrew, Mark Steven
McAndrew, Laura Jane
Needham, Mark James �,,_
Dear Ms. Williamson:
A check of the Estes Park Police Deparhnent local records on the above-named individuals was
conducted. These records date back in our system to October 2004. Mark Needham is listed as a
Field Contact Name in a Criminal Warning (Trespass) case in 2020 and was also Cited for a
Wildlife Protection Ordinance Violation in 2017. There are no other reports involving the business
or the individuals listed.
Sincerely,
/ � �t'��e'�
�
es Kuf ld
Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O.BOX 1287 ES'I'ES PARK,CO 80517 www.estes.org
�
Page117
Police Department 970-586-4000
Wes Kufeld,Chief of Police www.estes.org/pd
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Page 118
I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on REso�uTioN so-2o.AMENDED PLAT
OF PORTIONS OF LOTS 6, 7,AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT, 215 PARK LANE.
THOMAS BECK, TW BECK ARCHITECTS OWNER/APPLICANT.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
❑ Review any conditions for approval not in the staff report.
3. APPLICANT.
❑ The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
Page 119
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
❑ Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
Page120
i
��
T��N oF ESTES PARI
Memo • � • �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: July 28, 2020
RE: Resolution 50-20, Amended Plat of Portions of Lots 6, 7, and 8, Block 1, of the Second
Amended Plat of the Town of Estes Park, 215 Park Lane, Thomas Beck, TW Beck
Architects Owner/Applicant
(Mark all that apply)
� PUBLIC HEARING ❑ ORDINANCE � LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing and make a decision on an Amended Plat application, to rearrange internal lot
lines involving lots within a platted subdivision. No new lots or building sites would be created.
Note: The public hearing will be conducted electronically. Advance registration for testifying at the
public hearing is preferred to ensure an orderly hearing. Information for participation in the public
hearing will be provided in the published agenda, which will be available at
https://estespark.colorado.aov/boardsandmeetinas.
Present Situation:
The subject lots were originally created by the Second Amended Plat of the Town of Estes Park, platted
in 1908. Portions of three lots in this subdivision (Lots 6, 7, and 8, Block 1) comprise the subject
property. Each of the original lots was approximately 25 feet in width and 160 feet in depth. According
to Larimer County Assessor's records, a residence was established in 1906. This structure was built
over lot lines, apparently an acceptable practice at that time. The applicant now proposes that
structure, which is now a commercial building containing offices, to be entirely on proposed Lot 7A
(0.095 acre in size). The other proposed lot, Lot 6A, 0.074 acre in size, would have existing small
structures demolished. Plans are to then redevelop that lot, with the use being multi-family residential.
The property is zoned CD (Commercial Downtown). Residential uses are allowable as uses-by-right in
the CD (Downtown Commercial) Zone District.
Page121
Proposal:
Applicant requests approval of an amended plat to reconfigure existing lots into two lots, proposed to
be 0.075 and 0.095 acre in size.
Review Criteria:
Per the Estes Park Development Code (EPDC), Section 3.9 Subdivisions, Subsection 3.9.1.b., a
"Boundary Adjustment" involving lots in a platted subdivision is to be titled "Amended Plat." An
Amended Plat is considered, under Section 3.9, a type of"Minor Subdivision." Minor Subdivision
requires a recommendation by the Planning Commission and action by the governing body (Town
Board).
Aqencv Comments:
This request has been submitted to reviewing agency staff for consideration and comment. No
significant issues or concerns were expressed by reviewing agencies. Staff notes a development plan
is required to be submitted for review and approval, in order to develop proposed Lot 6A, per
discussion with the owner/applicant. Comments for the Amended Plat are mostly aimed at the future
development, and will be applicable at development plan and building permit stage of the process.
Advantaaes:
Enables the applicant to redevelop a downtown property, and to clean up a situation where structures
are built over lot lines.
Disadvantaaes:
None.
Action Recommended:
The Estes Valley Planning Commission unanimously recommended approval of the Amended Plat on
June 16, 2020, with the following findings and condition of approval:
Findinas
1. This proposal complies with applicable sections of the EPDC.
2. This request has been submitted to all applicable reviewing agency staff for consideration and
comment. No significant issues or concerns were expressed by reviewing staff relative to code
compliance or the provision of public services.
3. Noting the Second Amended Plat of the Town of Estes Park, as well as the subject property's
existing uses and structures, were in place long before the Estes Valley Comprehensive Plan
was drafted or adopted, staff finds the existing use, as well as the proposed future use of the
property is not inconsistent with the recommendations of the Comprehensive Plan.
4. Within sixty (60) days of the Board's approval of the Final Plat application, the developer shall
submit the plat for recording. If the plat is not submitted for recording within this sixty-day time
period, the approval shall automatically lapse and be null and void.
5. This is a Planning Commission recommendation to the Town Board.
Condition of Approval
1. Labeling for the subject lots shall be revised to clearly reflect the existing, current lots of record.
The plat with this revised labeling shall be submitted to the Community Development
Department to be included in the report and recommendation to the Town Board of Trustees.
Page122
Staff notes the applicant has complied with the Condition of Approval, above. Staff recommends
approval of the Amended Plat.
Finance/Resource Impact:
None
Level of Public Interest
Low.
Notice was published, and sent to adjacent property owners in accordance with the notice requirements
in the EPDC Section 3.15 General Notice Provisions.
Written comments will be posted to www.estes.orq/currentapplications .
Sample Motions:
I move that the Town Board of Trustees approve Resolution 50-20.
I move that the Town Board of Trustees deny Resolution 50-20, finding that [state findings for denial].
I move to continue the Park Suites Amended Plat, being Portions of Lots 6, 7, and 8, Block 1, Second
Amended Plat of the Town of Estes Park to the next regularly scheduled meeting. (State reasons for
continuance.)
Attachments:
1. Resolution No. 50-20
2. Vicinity Map
3. Statement of Intent
4. Application
5. Amended Plat
Page123
ATTACHMENT 1
RESOLUTION 50-20
A RESOLUTION APPROVING THE AMENDED PLAT OF PORTIONS OF LOTS 6, 7,
AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES
PARK COLORADO
WHEREAS, an application for an Amended Plat to rearrange internal lot lines
was filed by Thomas Beck, TW Beck Architects (owner/applicant); and
WHEREAS, the applicant requests rearrangement of internal lot lines for a
property described as Portions of Lots 6, 7, and 8, Block 1, Second Amended Plat of the
Town of Estes Park; and
WHEREAS, the Amended Plat reconfigures the subject lots into Lot 6A (0.074±
acre) and Lot 7A (0.095 acre), and does not create additional lots or building sites; and
WHEREAS, a public meeting was held before the Estes Valley Planning
Commission on June 16, 2020, at the conclusion of which the Planning Commission
voted to recommend approval of the Amended Plat with the following findings and
condition of approval:
Findinqs
1. This proposal complies with applicable sections of the EPDC.
2. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were expressed
by reviewing staff relative to code compliance or the provision of public services.
3. Noting the Second Amended Plat of the Town of Estes Park, as well as the
subject property's existing uses and structures, were in place long before the
Estes Valley Comprehensive Plan was drafted or adopted, staff finds the existing
use, as well as the proposed future use of the property is not inconsistent with
the recommendations of the Comprehensive Plan.
4. Within sixty (60) days of the Board's approval of the Final Plat application, the
developer shall submit the plat for recording. If the plat is not submitted for
recording within this sixty-day time period, the approval shall automatically lapse
and be null and void.
5. This is a Planning Commission recommendation to the Town Board.
Condition of Approval
1. Labeling for the subject lots shall be revised to clearly reflect the existing, current
lots of record. The plat with this revised labeling shall be submitted to the
Community Development Department to be included in the report and
recommendation to the Town Board of Trustees.
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on July 28, 2020 and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
Page124
WHEREAS, the Board of Trustees has reviewed and taken administrative notice
of the recommendation of the Planning Commission and the testimony, application,
evidence, documents submitted at the hearing, and the contents of the Community
Development Director's file; and
WHEREAS, the Board of Trustees finds the applicants have complied with the
applicable requirements of the Estes Park Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Park Suites Amended Plat, being Portions of Lots 6, 7, and 8, Block 1, Second
Amended Plat of the Town of Estes Park, is hereby approved.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page125
ATTACHMENT 2
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� Town of Estes Park Proiect Name: Park Suites �
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Proiect Descriation: Amended Plat 0 250 500 Created By:Jeff Woeber
ESTES PARK
Community Development Feet W E
C O L O R A D O Printed:6/9/2020 Pag�126
ATTACHMENT 3
TW P�EGK �►rchitects
�rchitecture
Planning & Interiors
Jeffrey Woeber, AICP
Senior Planner
Community Development Department
Town of Estes Park
April 14, 2020
Project Description: An amended plat for 215 Park Lane, Estes Park, CO 80517
Mr. Woeber,
To amend the plat to create a separate lot on the North, or rear portion of the existing lot to
build a multi-family housing building. The `CD' commercial downtown zoning would remain the same
on both lots. The old cabin apartment building and garage by the alley would be demolished as well as
the two storage sheds. The existing South/front log building will remain for `Mercantile' and office
use.
Sincerely, �� /__�
.� ..�, ,� i�, _
./ 1.� � �,i.r
Thoma�s"W�. Beck, AIA, NCARB
Page127
ATTACHMENT 4
ESTES PARK PLANNING
- DEPARTMENT
Submittal Date: f�' I '� -= :-�'i `� APPLICATION
.- . � .. _ . � • • :•
Pre-App Boundary Line Adjustment Condominium Map
I Development Plan ROW or Easement Vacation Preliminary Map
Special Review Street Name Change Time Final Map
Preliminary Subdivision Plat Rezoning Petition Supplemental Map
Final Subdivision Plat Annexation Request
� Minor Subdivision Plat Extension
� Amended Plat
- - . .
Project Name f�+#'� ��� �j��_�`-�
Project Description ,Y v,U P'�-i -- �t�r�t�t�L '��t �-��?�����`�-�Sl�'"s5���
� Project Address �.( �,� ����' �j; '��-+=��� ,� ����.
. f �
Legal Description ��'����; �L.cc%r� �;�; £ � l�T-� �-X.� �ft�-a����p�n,
Parcel ID# "_=�� � ` � l, �., - • ��e ,i 'r °4 •l= -z , -
�� '�.��
- . . .
Lot Size `� � ,'` �fi �' � �� re of is u�bance in Acres L % ��� , i�� -
I Existing Land Use ���,�`y l�� C,-�t����fi%�� ,✓�.F-�v�'�� ��t ��� -z�� -v�> ,
Proposed Land Use �C,���� �ti� �-�'i-�r� �-�, �/'P'Gt.`'�r �1CIG;�s�-'��� , �r`�"-f:,�
Existing Water Service �Town Well �ne OtheV(specify) ��-����✓'.r�`�"
Proposed Water Service �C'fown Well None Other(specify)
Existing Sanitary Sewer Service �EPSD UTSD Septic None
Proposed Sanitary Sewer Service xEPSD UTSD Septic
Is a sewer lift station required? Yes x�No
� Existing Gas Service �•Xcel Other None
Existing Zoning � � Proposed Zoning ���
Site Access (if not on public street) ��J�� �����'� ,�.���� ¢ �;�„�,� �e7�_
�.J ' -
Are there wetlands on the site? Yes �No
Site staking must be completed at the time application is submitted. Complete? Yes No
� . . _ . . .
Name of Primary Contact Person ���%f�C�� , _'�` —
Complete Mailing Address ��1 ���%X �"�� ��' ��'� ��v� ��� ,`�-'`��
Primary Contact Person is � Owner Applicant Consu�tanUEngineer
4- Application fee ` Digital Copies of plats/plans in TIFF or PDF format emailed to
�� tatement of intent planning@estes.org
2 copies(folded) of plat or plan
c.
'11"X 17" reduced copy of plat or plan Sign Purchase ($10)
Please review the Estes Park Development Code Appendix B for additional submittal requirements,which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report,wetlands report, and/or other additional information.
Town of Estes Park-�P.O.Box 1200� 170 MacGregor Avenue-E Estes Park,CO 80517
Community Development Department Phone:�970)577-3721 .c+ Fax:(970)586-0249 ¢ www.estes.org/CommunityDevelopment
Revised 2020.02.1 CP�9e 128
. . _ .
. �
Record Owner(s) � �'i%��-�='; i„��� }-�=,�'�
Mailing Address ��� �'��G, ���-� ����'�i�c� �� �7�`fi�
Phone J�� /�� �7 �J�� '"" ���� �
, _ _ ,
ICell Phone
Fax , � . r r !'�
Email �rY�J�4� '�"Li�l�t-�9���I��'C.'-�"� ,- l�l�?7
Applicant �.-:,�j�. �„���_;/
I Mailing Address I
Phone
Cell Phone
Fax
Email
ConsultanUEngineer��,'r''�i"C�-�,���' � �'���,�L� G��hlr� -lZ,x'�-�-c�{��_
Mailing Address ��� �'C� ��Z�C �j� � U
Phone }��'����(.?� , «'.
�e#flhone ��� ,���� =�"��� "T=
Fax � , � , �
Email L`�"lt�=/�i ."�.�,�✓C"fcc-7 �r��-�)�'�,���.�'��/yZ'-� . GFd''�
�. 1 / /
� �
APPLICATION FEES
For development within the Estes Park Town limits See the fee schedule included in your
application packet or view the fee schedule online at:
_
. , ..: __ . . �.:o , � ; ,, ..: : _ : _... _ . _. � _ ,�.
All requests for refunds must be made in writing. All fees are due at the time of submittal.
MINERAL RIGHT CERTIFICATION
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
Names:
Record Owner PLEASE PRINT: ��"J�,-��c� � � ��-��
AppIICBfIt PLEASE PR/NT: �� ��
Signatures:
Record Owner „�� /�'! �,,y���, Date ����� ����
/� .
Applicant G" `/, �7i,� ���� Date �` C� ��f_��
��i : � �z- u <--• � ,
Revised 2013.08.2�1.9e 129
APPLICANT CERTIFICATION
► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
► In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
► I acknowledge that 1 have obtained or have access to the EPDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
,,.,,.,,,� �stes �rr .n�:.,, .n„
► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC.
► I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
► I understand that a resubmittal fee will be charged if my application is incomplete.
► The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
► I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
► I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
Names:
Record Owner PLEASE PRINT: � t �(�i��'t�.��'-�. wv � ���'�F-�
APpIICBIIt PLEASE PRINT: ` � �L�n�.,�`� �J� , 'r��-��
Signatures:
Record Owner �- � , ; ��� Date �'�� �-��!'�
. f� ���
l'✓ -~�f—`+1
Applicant ��� ,�� , �/��7 Date ��7���
v � i . ,.
/'� �
Revised 2020.02.1 C�9e 130
TW P�EGK �►rchitects
�rchitecture
Planning & Interiors
Jeffrey Woeber, AICP
Senior Planner
Community Development Department
Town of Estes Park
April 14, 2020
Project Description: An amended plat for 215 Park Lane, Estes Park, CO 80517
Mr. Woeber,
To amend the plat to create a separate lot on the North, or rear portion of the existing lot to
build a multi-family housing building. The `CD' commercial downtown zoning would remain the same
on both lots. The old cabin apartment building and garage by the alley would be demolished as well as
the two storage sheds. The existing South/front log building will remain for `Mercantile' and office
use.
Sincerely, �� /__�
.� ..�, ,� i�, _
./ 1.� � �,i.r
Thoma�s"W�. Beck, AIA, NCARB
Page 131
ATTAC H M E N T 5
VICINITY MAP
OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK1, OFTHE SECOND AMENDED PLATOFTHETOWN OF ESTES PARK ' _
LOCATED IN THE NW 4 OF THE NE 4 OF SECTION 25, T. 5 N., R. 73 W., OF THE 6TH P.M., ��
COUNTY OF LARIMER, STATE OF COLORADO. �� �
.
� �yyonderv�e`�Ave ,.
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w wondervie,ro a.�N SCALE:1"=1,000'
� ,. 1:12,000
PROPERTY DESCR/PTION KNOW ALL MEN BY THESE PRESENTS:
(PER FIDELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT FILE#580-F0625475-383-JNB,Amendment No.2 DATED THE UNDERSIGNED DOES HEREBY AGREE AND CONSENT TO THIS PLATTING AND DO ALSO CONSENTS TO THE DEDICATION OF THE RIGHTS—OF—WAY AND EASEMENTS - cPe �
FEBRUARY 19,2019): DEPICTED HEREON FROM THEIR LIEN IN CONSIDERATION OF THE ACCEPTANCE OF THIS PLATTING. TOWN OF ; o�Qs�
AND BY THESE PRESENTS CAUSES THE SAME TO BE SURVEYED, PLATTED AND MAPPED AS SHOWN ON THIS AMENDED PLAT OF LOTS 6, 7, & A PORTION OF LOT 8 SUBJECT PROPERTY ESTE.S" PARK � ����� �
A portion of lots 6, 7 and 8, Block 1, Town of Estes Park, Larimer County, Colorado described as follows: OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK.
A portion of Lot 6, Block 1, Town of Estes Park, Colorado according to the Second Amended Plat thereof, THE ORIGINAL PLAT OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK WAS RECORDED AT RECEPTION N0. 114806, AND DEDICATED ON APRIL 7, 1908. ` "e `,J
and described as follows:
Beginning at a point on the Southerly line of said Lot 6, North 47'30'East 215.3 feet from the SW corner of a,�,„ " �- � �t�d,�
said Block 1, which SW corner of said Block 1 is marked by an iron spike in the pavement of Virginia Drive; OWNER: THOMAS W. BECK State of Colorado) a � � _ ��P
Thence North 17'30'West 160 feet to the Northerly line of said Lot 6; ;
Thence South 47'30'West along the Northerly line of said Lot 6, 22.1 feet to the NW corner of said Lot 6; )SS
Thence South 17'30"East 160 feet; a` �^�A>^�
Thence North 47'30'East along the Southerly line of said Lot 6 to the Point of Beginning; County of Larimer) �° 0 roF !tl�
ALSO, all of Lot 7 and Lot 8 Except that portion of Lot 8 conveyed by Deed in Book 802 at Page 256. The foregoing statement was acknowledged before me this � " ; ',�,�,e
County of Larimer, State of Colorado ______ day of , 20__. by THOMAS W. � �a. , "
BECK Witness my hand this official seal e �,,,.�d,� "'g""""
By: THOMAS W. BECK, BENEFICIARY ,�s` Yl'"'e¢ivf'm`"`9�"
SURVEYOR'S NOTES: �
R�V\ �.. ' J :�.. . 6a�v
` .. ,.......�,. �
Notary Public a ° � �
1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS OF THE DATE YOU FIRST DISCOVER "s � ' po
My Commission Expires: z „ ,
SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE CERTIFICATION DATE SHOWN HEREON. 3 �
N 17'31'13" W ,��,en�e ew�noac
2. THE LINEAL UNIT FOR THIS SURVEY IS THE U.S.SURVEY FOOT. � ) �� e,�A„e P,�«A�,
3. UNDERGROUND UTILITIES ARE ONLY SHOWN HEREON WHERE MARKS WERE VISIBLE AT THE TIME OF THE FIELD SURVEY. (159.99') ,, ,,,,,,
4. SURVEY DATA SHOWN IS AS OBSERVED DURING FIELD VISITS BETWEEN 4B/2020&4/14/2020. OTHER MINOR TEMPORARY IMPROVEMENT FEATURES AND LANDSCAPE FEATURES FOUND #4 REBAR WITH
YELLOW PLASTIC CAP
EXIST ON THE PROPERTY AND ARE NOT SHOWN HEREON. STAMPED "LS #6499" \
5. FIDELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT FILE#580-F0625475-383-JNB,Amendment No.2 DATED FEBRUARY 19,2019 WAS THE PRIMARY RESOURCE USED FOR � ,�
OWNERSHIP&ENCUMBRANCE RESEARCH. � OG�
6. ALL SURVEY RELATED TITLE COMMITMENT RELATED EXCEPTIONS THAT CAN BE SHOWN GRAPHICALLY ARE SHOWN HEREON. /� � ��'
7. THE SUBJECT PROPERTY DOES NOT FALL WITHIN A DESIGNATED FLOOD HAZARD AREA. � ��G��'g�
8. SUBJECT LOT AND ADJACENT LOT OWNERSHIP AND DEED REFERENCES ARE ACCORDING TO THE LARIMER COUNTY ASSESSOR ONLINE RECORDS ON 4/15/2020. \ � k QP' ��9
9. OTHER PRESCRIPTIVE EASEMENTS MAY EXIST. �5�4. ���
\ �,G�P�OD�j�
10. MEASURED ACREAGES AS SHOWN HEREON ARE NOT INCLUSIVE OF AREA CONTAINED WITHIN THE ADJACENT RIGHTS-OF WAY. I � � ���G� ��, �
� \ � �� Q��p.����� r' �
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BASIS OF BEAR/NGS STATEMENT: �� \ \� � F ��� l� J �
1. THE BEARINGS FOR THIS SURVEY ARE BASED ON THE SOUTH PROPERTY LINE BETWEEN THE FOUND NORTHWEST CORNER AND THE SOUTHWEST CORNER OF THE SUBJECT � \
PROPERTY,AS FULLY DESCRIBED HEREON,HAVING A BEARING OF SOUTH 17°22'01"EAST;WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. � \ \
\ \ \\ v t7
2. ALL MEASURED AND CALCULATED BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM,NORTH ZONE,DETERMINED BY GPS OBSERVATIONS. \ \ \\ \
�
TITLE COMMITMENT REVIEW NOTES \ \ � \
(PER F/DELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT FILE#580-F0625475-383-JNB,Amendment No.2 DATED FEBRUARY 19,2019): � \ \
(RESPONSES TO SURVEY RELATED ITEMS IN ITALICS) � \ \
�
1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or \ � � FOUND YELLOW PLASTIC
that may be asserted by persons in possession of the Land. \ � CAP STAMPED "LS #37946"
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. \ (N 1730' w, �so') � IN CONCRETE WALK
3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and � N i�'2i'4s" w, iso.�3' �
� S 17'21'49" E
complete land survey of the Land and not shown by Public Records. � s i�•2t'4s" E, �s.is'
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. � \ FOUND SMALL NAIL so.sa' �
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the \ WITH FLAG IN ASPHALT �
effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon N 79'42'25' W 0.13'
covered by this Commitment. � \ FROM SET MONUMENT\ \
6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. \ (DID NOT ACCEPT) � � _
NO SIGN OF WATER EXTRACTION OR EVIDENCE OF WATER RIGHTS, CURRENT OR HISTORIC, WAS SEEN DURING FIELD SURVEY EFFORT. � � � -o
7. All taxes and assessments, now or heretofore assessed, due or payable. \ � �
NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes � ��
NOT LAND SURVEY RELATED.. � � � r-���
8. Intentionally Deleted. � \ -o � � �in��'Z�
9. Deed restriction contained in Warranty Deed as follows: "no whitewater rafting by companies other than A1 wildwater for 6 years from the date of \ � � \ Z ��Z
closing"and the terms and conditions contained therein, as set forth below: � ����``�
Recording Date: May 14, 2018 � ��� � � '' �
Recording No.: Reception No. 20180028321 � N��� \ LOT 6A LOT 7A �� ��
THIS DOCUMENT IS NOT LAND SURVEY RELATED. \ \ ��'� � 3235.52 SQFT. Z 4149.83 SQFT. 2
10. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by improvement survey plat, Dated: April 13, ��o \ 0.074 ACRES � 0.095 ACRES �� � -
2018 Prepared by: Azimuth Surveying Inc. Matters shown: fence line does not coincide with westerly property line � \ �-' � W � 2 � �
ALL MATTERS IN THIS DOCUMENT HAVE BEEN ADDRESSED. THIS REFERENCED PLAT COULD NOT BE FOUND IN THE LARIMER COUNTY PUBLIC RECORDS. IT APPEARS � y � � � A� ��,-, \
THAT THE TWO NORTHERLY CORNERS SHOWN AS SET PER THIS REFERENCED PLAT WERE NEVER ESTABLISHED IN THE FIELD. � '� � s � f �''o. �
11. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. \ � �� m F \
NOT LAND SURVEY RELATED. � � � �`
� \ � ��'o a�' ��cJ' a" \�
\ \ � � � .
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SURVEYOR/CONTACT: TOWN BOARD APPROVAL: \\ � 2o P�'�"�� \ J �� o � w � a
\ � z `�
Terrain Land Surveying, LLC APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK \ � �
PO Box 364 THIS ____ DAY OF 20____. ALL DEDICATIONS ARE � \ _ _ _ _ _ _ _ — — — — — — — — — -- — — — — — — � �
Berthoud, CO 80513 HEREBY ACCEPTED ON BEHALF OF THE PUBLIC. THIS APPROVAL DOES � � � \
NOT CONSTITUTE ACCEPTANCE OF RESPONSIBILITY BY THE TOWN FOR \ \ � 5' SEWER AND PEDESTRIAN EASEMANT DEDICATED PER THIS PLAT � Z
CONSTRUCTION, REPAIR OR MAINTENANCE OF ANY STREETS, HIGHWAYS,
ON HSS AM�ENDED RPLAT-OF-WAY OR OTHER IMPROVEMENTS DESIGNATED \� \ �� N i�'22'oi" w, 59.39' BASIS OF BEARINGS N,��'22'oi" w, �oo.si' � \ ■—
�
1.24' S 17'22'01" E, 160.21' \ }
TOWN ENGINEER'S CERTIFICATE: � � \ �S „•30� E, ,so�>
� FOUND 8" CONCRETE CYLINDER
Approved by the Town Engineer of Estes Park, Colorado Ma or \ WITH 1.5" ALUMINUM CAP FOUND YELLOW PLASTIC W
this ____ day of , 20___. y \ STAMPED "PE & LS 532" CAP STAMPED "LS #37946" -
� \ IN CONCRETE WALK �
ATTEST: � � FOUND #4 REBAR WITH
� YELLOW PLASTIC CAP �
� (Printed Name�, Town Engineer STAMPED "PE & LS 532"
� � (DID NOT ACCEPT AS CORNER) _
� Town Clerk � � �
\ N
Q APPLICANT/OWNER: \ � � ����1
� Thomas Beck NOTICEOFAPPROVAL: \� � \ gP�GQp�'1�
215 Park Lane, Estes Park, CO 80517 � \ `0'�\���,�DcO p
0 APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT �
� TO ARTICLE 68 OF TITLE 24, C.R.S. AS AMENDED. � \ � � ���0��� Z
Q THE NEW LOTS CREATED BY THIS ACTION ARE SUBJECT TO THE SAME � ��, 5e '� ' , '
RESTRICTIONS, COVENANTS AND REGULATIONS AS SET FORTH IN THE PLAT � \ � � QEz����e a
OF RECORD OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK. � \ � l�
� \ \ o J
� � `'�'-
CLERK& RECORDER'S CERTIFICATE: � \ � Drawn �, � Reviewed aY � oate
Submitted to Larimer County Clerk & Recorder for recording on \ \� a`'K I A"'K I5�"�'9
y � AMK I AMK I 7/8/19
� this ____ da of 20____. �
O \� \
\ � \
\ �
� \ �
�� SURVEYOR'S CERTIFICATE: � �
ComDany Information
I, Adam M. Kelly, a duly registered professional land surveyor in the state of Colorado, do � FOUND #3\REBAR �
hereb certif that this lat of AMENDED PLAT OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK 1, (0.66' 0 FSET TeRRA�N �ANo suRVEv�Nc ��c
Y Y P P.o. eox #3aa
OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK was performed by me and � NORTHERLY ROM eeRrHouo, co
that this plat has been prepared in compliance with all applicable laws of the state of � PROPERTY L�{JE) 9�o-azo-osz�
Colorado at the time of this survey and with my control and is accurate to the best of my � \ FOUND #4 REBAR WITH LEGEND: oFF�ce@rERRA�N�ANosuRvevw�.coM
knowledge, information and belief. - ORANGE PLASTIC CAP www.rERRa�NsuRver�N�.coM
� � STAMPED LS #26974" PROPERTY LINE
� � FOUND #4 REBAR WITH Proiect Name
� � STAM ED LPETI& LS 532" ADJACENT NEIGHBORING PROPERTY LINE qr,eNoeo P�Ar: PoRrc suiTes
� PROPOSED PROPERTY LINE Tr+onAs eecrc
TW BecK ARCHirecrs
� \
RIGHT-OF-WAY/EASEMENT LINE
\ OVERHEAD UTILITY
P , - - - - -
� � � � 1.00� EDGE OF PAVEMENT Proiect I.ocation
\�n� � \ � 0 10' 20' - - - - - - - - -
�� �
///����i � � � � � � Qi FOUND MONUMENT(AS DESCRIBED) z�s PaRr �ANE
\��� \ � ESTES PARK, CO
SCALE: 1�� — ��� � SET 24"OF#4 REBAR WITH 1.5"ALUM.CAP LS#38631 aos n
P\ H —
I 8�ys��6'E (00.00) DEEDED OR PLATTED DIMENSIONS project Sheet
Adam M. Kelly 848� 00.00 MEASURED OR CALCULATED DIMENSIONS 2020012 �
I Date
I Colorado Registered Professional Land Surveyor #38631 JCO1e 7/8/2020
For and on behalf of Terrain Land Surveying, LLC OF 1
I �„ _ �o'
Page 132
I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on REso�uTioN 5�-20, 3RD AMENDED
LAKEVIEW PLAZA CONDOMINIUMS, 1751 NORTH LAKE AVENUE 1A AND 1B, BRADFIELD
PROPERTIES, LLC (GORDON AND ANNIE SLACK)AND JESSIE M FINCH/OWNERS.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
❑ Review any conditions for approval not in the staff report.
3. APPLICANT.
❑ The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
i
Page 133
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
❑ Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
Page134
i
Y
T��N oF ESTES PARI
Memo • � • �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: July 28, 2020
RE: Resolution 51-20, 3rd Amended Lakeview Plaza Condominiums, 1751 North
Lake Avenue 1A and 18, Bradfield Properties, LLC (Gordon and Annie S/ack)
and Jessie M. Finch, Owners
(Mark all that apply)
� PUBLIC HEARING ❑ ORDINANCE � LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing to consider an amended condominium map for compliance with the
Estes Park Development Code (EPDC).
Note: The public hearing will be conducted electronically. Advance registration for testifying at
the public hearing is preferred to ensure an orderly hearing. Information for participation in the
public hearing will be provided in the published agenda, which will be available at
https://estespark.colorado.aov/boardsandmeetinqs.
Present Situation:
Lakeview Plaza Condominiums was originally recorded in February 1999, at Reception No.
99014369 in the records of the Larimer County Clerk and Recorder. This created seven
condominium units. Subsequently, there were two amendments to that Condominium Map.
The (1St)Amended Lakeview Plaza Condominiums was recorded in December 2005, at
Reception No. 2005-0109615, which split Unit 1 into two units, Unit 1A and 1 B. The 2nd
Amended Lakeview Plaza Condominiums configured the attic area for Unit 1A to be above both
Unit 1A and 1B. This was recorded in January 2008, at Reception No. 2208002852. This 2nd
Amended Condominium Map also involved an access easement in the 1A attic area for"...the
benefit of Unit 1 B and the Lakeview Plaza Owner's Association." This is extremely
cumbersome from an ownership and legal perspective, and has been problematic for potential
sale of the units. The current owners have determined it would be simpler and clearer to have
the attic boundary over each respective unit, as is typical in condominiums such as these.
This request is to record an Amendment only to move the boundary line on the Condominium
Map for these two units. No physical change to the structure, utilities, access, drainage, etc. are
proposed through this Amendment.
Staff notes there is no specific, clearly defined process for review and approval of an Amended
Condominium Map in the EPDC. Previous Planning staff determined it was an administrative
Page135
type of review, and the 1St and 2nd Amended Lakeview Condominium Maps were not taken to
the Town Board. The applicant's representative and staff discussed this matter, and despite the
precedent of the first two amendments it was determined Town Board approval was preferable
to processing this 3rd Amended Lakeview Condominiums administratively under current Code.
Proposal:
The owner requests approval of the 3rd Amended Lakeview Plaza Condominiums Map. If
approved, the Amended Condominiums Map would be signed by the Mayor, then recorded.
Advantaae:
This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 "Standards
of Review" for subdivisions, and Section 10.5.H "Condominiums, Townhouses and Other Forms
of Airspace Ownership."
Disadvantaqes:
None identified.
Action Recommended:
Approval of the 3rd Amended Lakeview Plaza Condominiums Map.
Finance/Resource Impact:
N/A
Level of Public Interest
Low or nonexistent. Staff has received no inquiries regarding the proposed Amended
Condominium Map.
Sample Motion:
I move that the Town Board of Trustees approve Resolution 51-20.
I move that the Town Board of Trustees deny Resolution 51-20, finding that [state findings for
denial].
I move to continue the 3�d Amended Lakeview Plaza Condominiums Map to the next regularly
scheduled meeting. (State reasons for continuance.)
Attachments:
1. Resolution 51-20
2. Vicinity Map
3. Letter of Request
4. Condominium Map, 3�d Amended Lakeview Plaza Condominiums
5. Full Application: www.estes.ora/currentapplications
Page 136
ATTACHMENT 1
RESOLUTION 51-20
A RESOLUTION APPROVING THE PLAT FOR THE 3rd AMENDED LAKEVIEW PLAZA
CONDOMINIUMS, LOCATED ON LOT 1, AMENDED PLAT OF LOTS 2, 3 AND THE
WEST 50 FEET OF LOT 4, BLOCK 2, LONE PINE ACRES ADDITION TO THE TOWN
OF ESTES PARK, COLORADO
WHEREAS, an application was filed by Bradfield Properties, LLC (Gordon and
Annie Slack) and Jessie M. Finch (Owners), for an Amended Condominium Map to
move a boundary line, for that portion of the attic that is currently over Unit 1 B to
become part of 1 B, where currently it is part of Unit 1A; and
WHEREAS, the Amended Condominium Map only moves the boundary line for
the attic as described and no other revisions are proposed; and
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on July 28, 2020 and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board of Trustees has reviewed and taken administrative notice
of the testimony, application, evidence, documents submitted at the hearing, and the
contents of the Community Development Director's file; and
WHEREAS, the Board of Trustees finds the applicants have complied with the
applicable requirements of the Estes Park Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Plat for the 3rd Amended Lakeview Plaza Condominiums, located on Lot 1,
Amended Plat of Lots 2, 3 and the West 50 Feet of Lot 4, Block 2, Lone Pine Acres
Addition to the Town of Estes Park, is hereby approved.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page137
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� Proiect Name: 3rd Amended Lakeview Plaza �
, Town of Estes Park Condominiums o 500 ,,000 N
Communit Develo ment Proiect Description: Amended Condominium Map Created By:Jeff Woeber
E S T E S c n e K y p For Illustrative Purposes Only
Feet W E
C O L O R A D O Printed:7/9/2020 Pag�138
ATTACHMENT 3
Bradfield/Finch
Third Amendment to Lakeview Plaza Condominiums
Statement of Intent
June 9, 2020
SUBJECT ADDRESS OF OCCUPIED LAND:
Legal: Units 1A and 1B, of the Second Amended Lakeview Plaza Condominiums
Common Address: 1751 North Lake Avenue, Units 1A and 1B, Estes Park, CO. 80517
PROPERTY OWNERS: Bradfield Properties, LLC (Gordon and Annie Slack) and Jessie M. Finch
ZONING: EVDC Commercial Outlying1
The property owners wish to complete an adjustment to the existing Condominium Map
showing the boundary between Units 1A and 1B. The most recent plat for the property shows
the two units, known as Unit 1A and 1B adjacent to each other along a north-south axis;
however, the attic for Unit 1A extends to the north over Unit 1B. See Plat recorded at
Reception Number 20080002852,January 14, 2008 (attached for reference as Attachment 1,
hereto). Applicants/Owners propose to move the attic-level boundary between Units 1A and
1B so that the attic-level boundary corresponds to and is directly above the boundary on the
Main level. See Redrawn Plat, attached hereto as Attachment 2.
This has been reviewed by the Town of Estes Park. The Town Attorney and Director,
Community Development, agree that this meets the criteria of EVDC 3.9.D.5 (or its successor
equivalent). To the extent that there may have been a requirement of a neighborhood and
community meeting, that requirement has been waived. Concurrence by the appropriate
entity is requested.
Thank you for consideration of this application for amendment to Condominium Map.
1 It is assumed that EVDC zoning designations will continue into the near future.
Page 139
ATTAC H M E N T 4
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m �i
3RD AMENDED LAKEVIEW PLAZA CONDOMINIUMS �
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v,��s �u��" R � To Glen Haven Lot >, Amended Plat, o f Lots 2, 3 and the West 50 Feet, o f Lot 4, Block 2, z �
; °e � Lone Pzne Acres Addztzon to the Tozun o f Estes Park, Larzmer County, Colorado � z
� � w �
� � S UR VE YOR' S NO TES: DEDI CA TION.• � �
i e. � 1. ALL STRUCTURAL MEMBERS IN THE CONDOMINIUM UNITS ARE PART OF THE COMMON E�EMENTs. KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY, TO-WIT. o
U P� � 2. ACCESS TO THE UTILITY EASEMENTS ON THE SECOND FLOOR OF UNIT 1A FOR UNIT 16 AND THE LAKEVIEW PLAZA OWNERS �
Q oC� � � ASSOCIATION SHALL BE PROVIDED AND ACCESS SHALL BE USED IN A MANNER NECESSARY AND RESPECTFUL TO COMPLETE ANY CONDOMINIUM UNIT 1A AND 1B, AMENDED LAKEVIEW PLAZA CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 23, 2005 AT o
� ��5 � MAINTENANCE, REPAIRS, REPLACEMENTS OR REMOVAL OF SUCH UTILITIES. RECEPTION N0. 20050109615 AND AFFIDAVIT OF CORRECTION RECORDED MARCH 22, 2006 AT RECEPTION NO 2006020472 AND ACCORDING TO THE 2ND Q
wondervie � 4 3. ELEVATIONS ARE BASED ON THE UNITED STATES COAST AND GEODETIC SURVEY BENCHMARK U 329 AT THE TOP OF THE AMENDED LAKEVIEW PLAZA CONDOMINIUM MAP RECORDED JANUARY 14, 2008 AT RECEPTION NO. 20080002852 AND AS DEFINED AND DESCRIBED IN THE
w q�e '��` �e SOUTHEAST WINGWALL OF THE BRIDGE OVER DRY GULCH ROAD ON THE SOUTH SIDE OF HIGHWAY 34 WITH A PUBLISHED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LAKEVIEW PLAZA CONDOMINIUMS, RECORDED ON FEBRUARY 18, 1999 AT RECEPETION NO. o
��� �e ELEVATION OF 7451.61 FEEr. 99014370, AND THE FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR LAKEVIEW PLAZA CONDOMINIUMS RECORDED DECEMBER 23, 2005 AT N
Estes Park 4. ALL EXTERIOR WALLS AND WALLS BETWEEN UNITS ARE COMMON ELEMENTS, ALL INTERIOR WALLS AND STRUCTURAL ELEMENTS W �
WHICH ARE LOAD BEARING OR CONTAIN PLUMBING, ELECTRICAL WIRING, OR OTHER UTILITY LINES SERVING MORE THAN ONE RECEPTION N0. 20050109616 AND SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR LAKEVIEW PLAZA CONDOMINIUMS RECORDED JANUARY 14, Q o
Elkhorn Ave. S I T E UNIT ARE COMMON ELEMENTS. 2008 AT RECEPTION NO. 20080002853. SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND REGULATIONS OF SAID DECLARATION AND ANY
La ke Estes 5. ALL PARKING SPACES AND ACCESS DRIVEWAYS ARE COMMON ELEMENTS AND ARE SUBJECT TO THE RIGHT OF THE AND ALL AMENDMENTS AND SUPPLEMENTS THERETO. COUNTY OF LARIMER, STATE OF COLORADO. � �I
ASSOCIATION, THROUGH ITS BOARD OF DIRECTORS, TO ASSIGN AND RE-ASSIGN SAID PARKING SPACES TO OWNERS AS FURTHER o
TO Love I a n d DEFINED IN THE DECLARATION. HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN ON THIS MAP TO BE KNOWN AS THE 3RD AMENDED
• St. �/rp�n AV 6. ALL INTERIOR DIMENSIONS ARE TO THE FINISHED SURFACES OF THE FLOORS, CEILINGS, AND WALLS OR TO THE INTERIOR OF LAKEVIEW PLAZA CONDOMINIUMS AND DO HEREBY DEDICATE AND CONVEY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF ACCESS AND
II�Jq�� THE STEEL STRUCTURAL SURFACES WHERE FINISHES ARE NOT INSTALLED. THE FLOOR ON THE SECOND FLOOR IS PARTIALLY UTILITIES AS ARE LAID OUT AND DESIGNATED ON THIS MAP. ♦^
COVERED WITH PLYWOOD. THE MEASUREMENTS RELATIVE TO THE SECOND FLOOR ELEVATION ASSUME THE ENTIRE FLOOR IS V
ROad SURFACED WITH PLYWOOD. Z
� a 7. TRANSNATION TITLE INSURANCE COMPANY'S COMMITMENT N0. 61-0001843 C-2 WAS USED FOR THE LEGAL DESCRIPTION, UNIT lA �
> � EASEMENTS AND ENCUMBRANCES FOR THIS MAP. ��
8. THIS MAP IS THE THIRD AMENDMENT TO AN EXISTING CONDOMINIUM MAP. EACH AMENDMENT HAS BEEN FOR UNIT 1, 1A
a � AND 1 B. ONLY THE BOUNDARIES OF THE UNITS ARE SHOWN HEREON. W�
� 9. THE LINEAL UNIT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. ---------- ------------------ -------------------------- ���
� � 10. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS BY JOHN G. SLACK, AS MANAGER AND OWNER BY ANNIE L. M. SLACK, AS MANAGER AND OWNER ��
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY BRADFIELD PROPERTIES, LLC, BRADFIELD PROPERTIES, LLC, �
� � DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE CERTIFICATION SHOWN HEREON. N O I
U A COLORADO LIMITED LIABILITY COMPANY A COLORADO LIMITED LIABILITY COMPANY o�
� Q�
� � To �yo n s S UR VE YOR' S CER TIFI CA TE: STATE OF COLORADO > �o`�
)SS Z o 0
I, LONNIE A. SHELDON, BEING FIRST DULY SWORN ON HIS OATH, DEPOSES AND SAYS: THAT HE IS A REGISTERED LAND COUNTY OF LARIMER � �U o�
SURVEYOR UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS SURVEY DOES DEPICT A CONDOMINIUM MAP OF THE Y�
CONDOMINIUM PROPERTY AND WAS MADE BY HIM oR UNDER H�s DIRECT SUPERVISION AND RESPONSIBLE CHARGE; THAT THIS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ _ DAY OF _ _, 20___ BY JOHN G. SLACK AND ANNIE L. �x
MAP WAS MADE SUBSEQUENT TO SUBSTANTIAL COMPLETION OF UNITS 1A AND �B; THAT THE SURVEY WAS ACCURATELY M. SLACK, AS MANAGERS AND OWNERS OF BRADFIELD PROPERTIES, LLC A COLORADO LIMITED LIABILITY COMPANY. � ���
REPRESENTED ON THIS MAP; THAT THE STATEMENTS CONTAINED HEREON WERE READ BY HIM AND THE SAME ARE TRUE OF HIS �� Z
OWN KNOWLEDGE; AND THAT THIS MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209, C.R.S. / � ���-
WITNESS MY HAND AND OFFICIAL SEAL. /j� w
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MY COMMISSION EXPIRES __________________. ji j W w°�°
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42.65' � I 8.00' 43.15° LEGEND THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY OF ____________, 20___ BY JESSIE MARIE FINCH. ��� �,� Z
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� I WITNESS MY HAND AND OFFICIAL SEAL. ���� � � '
MY CO M M I SS 10 N EX P I R ES ------------------. ���
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� 9 I OF UNIT 1A, 1 B AND THE LAKEVIEW - - - - //��/
� T PLAZA OWNER'S ASSOCIATION. UNIT y - EASEMENTS (AS NOTED ON PLAN)
�� I 1A RESERVES THE RIGHT TO �
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MOVE THE UTILITIES AND EASEMENT NOTARY PUBLIC
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M M �! B OARD OF TR US TEES CER TIFI CA TE. \��
i UNI T / B COND OMINI UM PR OPER T Y.� APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,
I (PER MAP OF LAKEVIEW PLAZA CONDOMINIUMS) COLORADO BY A RESOLUTION ADOPTED ON THIS _____ DAY OF __________, 20___.
LOT 1, AMENDED PLAT OF LOTS 2, 3 AND THE WEST 50
' I FEET OF LOT 4, BLOCK 2, LONE PINE ACRES ADDITION TO •
THE TOWN OF ESTES PARK, SITUATE IN THE SOUTHWEST
0.40' . I 0.40' QUARTER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72
WEST OF THE 6th PRINCIPAL MERIDIAN, LARIMER COUNTY, TOWN CLERK MAYOR � �
8.00� 8.00' COLORADO. O
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I � LEINHOLDER 'S STATEMENT: � A
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� ri r � � in � r ^ THE UNDERSIGNED DOES HEREBY AGREE AND CONSENT TO THIS PLATTING AND DOES ALSO CONSENT TO THE DEDICATION OF THE RIGHTS-OF-WAY AND EASEMENTS DEPICTED HEREON O
0.40' 0.40' I rn FROM THEIR LEIN IN CONSIDERATION OF THE ACCEPTANCE OF SAID PLATTING. I ^'
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o COUNTY OF LARIMER) JAMES MILLER, PRESIDENT, FARMER'S BANK r,
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1 1.0 0' _ J I _ 1 5.0 0' _ _ _ J THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _____ DAY OF , 20___ BY JAMES MILLER, PRESIDENT, FARMER'S BANK. �
r N
I I �I ACCESS EASEMENT TO THE 2ND � �
I � FLOOR OF UNIT 1A AND 16 FOR THE
I BENEFIT OF UNIT 1 B AND THE NOTARY PUBLIC
I 4• � J LAKEVIEW PLAZA OWNER'S � w
� ASSOCIATION. UNIT 1A RESERVES THE MY COMMISSION EXPIRES ^
RIGHT TO CONSTRUCT, REPAIR, [�] O w
REPLACE OR MOVE THE ACCESS AND ���
ACCESS EASEMENT TO THE 2ND 2���� EASEMENT AS DESIRED SO LONG AS �� ��
I FLOOR OF UNIT 1A AND 16 FOR THE � I ACCESS THROUGH AN ALTERNATE � 7.30' � �
BENEFIT OF UNIT 1 B AND THE m �; r 7.50' � �
a, �o ROUTE IS MAINTAINED. o a, I
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a; �I ASSOCIATION. UNIT 1A RESERVES THE ai � °' I � UNI T �A __ I UNI T �B � ^
m NI RIGHT TO CONSTRUCT, REPAIR, a' I -- � 2.00' 1 1.15' � 2.00'
10.95' � �
REPLACE OR MOVE THE ACCESS AND
I EASEMENT AS DESIRED SO LONG AS
ACCESS THROUGH AN ALTERNATE I 1.05 TO TOP 1.25 TO TOP
ROUTE IS MAINTAINED. � 90, y _�I � OF PLYWOOD 2nd FLOOR ELEVATION = 7520.06' 0.90' � ��I � OF PLYWOOD � w
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I OF UNIT 1 B AND THE LAKEVIEW PLAZA � w M �
OWNER'S ASSOCIATION. UNIT 1A = r r �
34.00' I RESERVES THE RIGHT TO CONSTRUCT, ,,_________________________.___� N �
REPAIR, REPLACE OR MOVE THE ��������������������������������������������������������
I UTILITIES AND EASEMENT AS DESIRED DRAWN BY:
ARELMA NTAINED E UTILITY SERVICES 7 50 1 1.I15� UNI T �A UNI T �B 1 O I95 �•30_ JWC
I CHECKED BY:
98.50' 2nd FLOOR ELEVATION = 7520.26' L'�'S
y �I � � r 1.05' 2nd FLOOR ELEVATION = 7520.06' II i- + 24.00' + + = SCALE
0.90'
� , 1/8"=1'
I �� DATE:
f 2020-06-09
I 1.25�
� � 1.40' I 9.45� UNI T �1Z UNI T ,B SHEET
r 1.40' 42.65' L _ 1 1.00' _ O 1 st FLOOR ELEVATION = 7509.56'
� + 0.60' 97.70'
13.00' �cv 43.15' � I I I
} 44.65' . 44.65' } OF
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9st FLOOR 2rzd FLDOR SCALE: YB°° - ,°
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2020-04-24
Page140
T��N oF ESTES PARI
Memo - � - � � -
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director; Reuben Bergsten, Utilities Director;
Dan Kramer, Town Attorney; Steve Rusch, Utilities Coordinator
Date: July 28, 2020
RE: Resolution 52-20 Peak View Apartments Water Tap Fee Installment Loan
Agreement
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Approve the proposed installment loan agreement for water tap fees for the
development of the Peak View Apartments by the Estes Park Housing Authority.
Present Situation:
At the June 9t"Town Board Study Session, the Estes Park Housing Authority (EPHA)
requested financial assistance from the Town of Estes Park for the Peak View
Apartment project at 1551 South Saint Vrain Avenue. EPHA requested financial relief
or assistance with the water tap fee, the building permit fee and the plan review fee.
Town Board directed staff to review funding options and provide recommendations to
the Board for consideration.
Proposal:
Working with EPHA, staff have proposed the following for the water tap fees:
• $14,000 Water Tap Subsidy (currently budgeted in the General Fund)
• EPHA may make a cash payment for part of the tap fee, depending on final
contractor bids and the amount of their construction loan
• Amortize the Remaining Water Tap Fee (Maximum not to exceed amount of
$187,863)
0 14-year loan with annual payments at 1.75% interest
o Capitalized annually compounded interest for first three years
o Annual payments beginning in 2024
o Amortized over a 10-year period beginning in 2024
Page141
EPHA has asked that the Board approved loan be authorized up to a maximum of
$187,863 with the final amount to be determined at the time of closing. EPHA is in the
process of bidding out the construction and finalizing their financing package but it was
not completed in time for this agenda item. EPHA and Town staff have agreed to set
the loan amount and close this loan agreement by August 31, 2020.
The loan repayment is proposed to start in 2024. This allows time to complete project
construction and leasing of units prior to starting repayments. The interest accrued over
these initial years will be added to the principal balance and compounded annually.
Then the balance of the loan, including compounded interest, will be amortized over 10
years starting in 2024.
The following table presents the total Peak View Apartment Project assistance package
as proposed to EPHA, assuming a zero cash payment from EPHA for the tap fee:
Proposed Assistance-Peak View Apartment Project-EPHA
Total Fees& Balance Paid
Description Charges Fee Waiver GF Subsidy Loan by EPHA
Building Permit 18,825 9,413 - - 9,412
Cert of Occupancy 300 150 - - 150
Plan Review 9,412 9,412 - - -
Permit Adjustment Allowance 1,025 1,025 - - -
WaterTaps 201,863 - 14,000 187,863 -
Totals 231,425 20,000 14,000 187,863 9,562
.
Advantaqes:
• The Town will be providing financial support to a nonprofit who is building
workforce housing which aligns with the Board's strategic plan.
• The flexible funding arrangement allows EPHA to only borrow what is necessary,
reducing costs to the project for the benefit of EPHA and the entire community.
• The additional water customers will improve the water division's economy of
scale, which will benefit all customers.
• The water tap fees that fund reconstruction of our aging water infrastructure are
kept whole.
Disadvantaqes:
• We will not have immediate access to the loan amount for capital improvements;
however, long term funding is a small compromise to the benefit of additional
workforce housing.
Page142
Action Recommended:
Staff recommends approval of this agreement.
Finance/Resource Impact:
The impact is relatively minor. Interest income in the first three years will be deferred
until repayment begins in 2024. However, the interest rate charged on the proposed
loan is intended to offset lost investment income of the Town, thereby having a neutral
impact to the Town over the life of the loan.
Level of Public Interest
Low
Sample Motion:
I move to approve Resolution 52-20.
Attachments:
1. Resolution 52-20
2. Attachment A - Water Tap Fee Installment Agreement
Page143
ATTACHMENT 1
RESOLUTION 52-20
A RESOLUTION APPROVING AN AGREEMENT WITH THE ESTES PARK HOUSING
AUTHORITY FOR WATER FEES FOR THE PEAK VIEW APARTMENTS
WHEREAS, the Estes Park Housing Authority (EPHA) has requested, and the
Town of Estes Park desires to provide, credit and financing for the water fees associated
with the development of Peak View Apartments, in order to facilitate the construction of
workforce housing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement referenced
in the title of this resolution in substantially the form now before the Board. Prior to
execution, the Finance Director shall complete the incomplete fields in sections 2.3 and
2.4 of the agreement, as well as Exhibit B, the amortization table. This inserted
information shall reflect a loan principal of no more than $187,863, and that sum shall be
decreased by any amount EPHA elects to pay as a partial cash payment at the time of
execution. The date fields in section 2.4 shall reflect the anniversary dates of the effective
date of the agreement. The annual payment amount and amortization schedule shall
reflect a standard amortization schedule. The agreement must be entered no later than
August 31, 2020.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
��
Town Attorney
Page144
ATTACHMENT 2
n
�
TovC�N o� ESTEs PARi�
WATER FEES AGREEMENT
PEAK VIEW APARTMENTS
This AGREEMENT is entered into this day of , 20
between the Town of Estes Park, acting by and through its Water Activity Enterprise
("Town"), and the Estes Park Housing Authority ("Owner").
RECITALS
A. The Town operates and maintains a municipal water system (the "Town's
System") within the Town of Estes Park and surrounding areas.
B. Owner owns the property located at 1551 South Saint Vrain Avenue, more
fully described on Exhibit A attached hereto and incorporated herein by
reference (the "Property").
C. The Property is currently supplied with Town water. The proposed
improvements will require additional supply.
D. A building on the Property recently was demolished and is currently proposed
to be redeveloped. This new construction requires connection of all
improvements on the Property to the Town's System. The Town's System is
contiguous to the Property.
E. The cost for the Owner to connect to the Town's System includes the payment
of the Town's System development and water right fees ("Fees") for the
amount of water service required to serve the Property, which is a total of
$237,414.00. The Owner is also responsible for the cost to physically connect
the improvements to the Town's System.
F. The parties desire to set forth the terms and conditions of the connection of
the improvements on the Property to the Town's System.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein and the above Recitals, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
Section 1. Owner's Responsibilities
1.1 Owner agrees to connect to the Town's System pursuant to the ordinances, rules
and regulations of the Town.
1.2 Owner agrees to pay the sum of $237,414.00 for the Fees due to the Town for
Water Fees Agreement--Page 1 of 7
Page145
connection to the Town's System. The Fees shall be paid as provided in section 2
of this Agreement.
1.3 Owner shall be responsible for the physical connection to the Town's System for
the Property in accordance with the ordinances, rules and regulations of the Town.
The service line from the Town's water main to the Property shall remain the
property of the Owner and not become a part of the Town's System.
Section 2. Pavment of the Fees
2.1 The Town hereby agrees to provide a credit for the existing water service to the
Property as of May 31, 2020 in the amount of$35,551.00.
2.2 The Town hereby agrees to provide an economic development assistance
payment to the Owner in the amount of$14,000.00. The Town Board directs the
Finance Director to allocate these moneys from the Town's General Fund.
2.3 The Owner agrees to pay $ as a partial cash payment towards
the Fees.
2.4 The remaining portion of the Fees of$ shall be an obligation of the
Owner in the form of an installment loan bearing interest at 1.75% per annum, with
capitalized interest for the first three years and with annual compound interest, and
paid in annual payments of$ on or before of
each year beginning on , 2024. The annual payments are set
forth in Exhibit B attached hereto and incorporated herein by reference.
2.5 At any point during the term of this installment Agreement, by way of written
agreement, the two parties may modify or extend the installment due dates and
modify the amortization table as deemed appropriate. Such agreement for
modification of due dates may be entered by the Town Administrator on behalf of
the Town without further Town Board action, provided the final maturity date of the
installment loan is not extended. Extension of the final maturity date or
modification of other terms of this Agreement will require Town Board action and
approval.
2.6 If any annual payment of principal and interest is not made in full on or before its
due date, as may be amended from time to time per section 2.5 above, the
remaining balance of delinquent principal and accrued interest shall bear defaulting
interest at a charge of one and one-half percent (1.5%) per month on the amount
due until the annual payment, accrued interest, and defaulting interest is paid in
full. Also, the Town shall have the right to terminate water service to the Property
pursuant to the provisions of section 4 below.
Section 3. Securitv for Pavments
3.1 All water and connection charges, including this installment loan, shall be
charged against the Owner, shall be a lien upon the Property, and shall be a
Water Fees Agreement--Page 2 of 7
Page146
perpetual charge against the Property until paid in full. In the event said charges
shall not be paid when due, the Town Clerk shall certify such delinquent charges
to the County Treasurer and the charges shall be collected in the same manner
as though they were part of the taxes, pursuant to section 13.32.080 of the Estes
Park Municipal Code, as may be amended from time to time.
3.2 The Town agrees that upon payment in full of all Fees including accrued interest
and defaulting interest, that it shall release the lien on the Property.
3.3. The lien set forth in Section 3.1 in this Agreement shall be separate from any other
liens for any unpaid water service charges for water service to the Property. Any
lien for unpaid water service charges shall be as set forth in the Town's
ordinances, rules and regulations for water service.
Section 4. Default
4.1 In the event of any default by either party in the terms and conditions of this
Agreement, the non-defaulting party shall give the defaulting party thirty (30) days'
notice in writing of said default. If said default is not cured within said thirty (30) day
period, the non-defaulting party shall be entitled to begin legal proceedings,
including an action for specific perFormance and/or damages and all reasonable
attorney's fees and court costs incurred by the non-defaulting party. Upon default
of the Owner and failure to cure within the thirty (30) day period, the payment
schedule set forth in section 2.2 and Exhibit B shall accelerate, the balance of the
loan shall become immediately due and payable without further notice or demand,
and the balance shall bear defaulting interest at a charge of one and one-half
percent (1.5%) per month on the amount due until the annual payment, accrued
interest, and defaulting interest is paid in full.
4.2 In the event of any uncured default pursuant to the terms and conditions of this
Agreement, the Town shall additionally and cumulatively to section 4.1 have the
right to physically remove the water meters from the Property and terminate water
service to the Property. Owner understands and agrees that following termination
of service, restoration of water service to the Property will be subject to the terms
and conditions of the ordinances, rules and regulations of the Town.
Section 5 Special Provisions
5.1 Entire Aqreement. This Agreement contains the entire agreement of the parties
relating to the subject matter hereof and, except as provided herein, may not be
modified or amended except by written agreement of the parties.
5.2 Governinq Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. Venue for any legal action
relating to this Agreement shall be only in the District Court for Larimer County,
Colorado.
Water Fees Agreement--Page 3 of 7
Page147
5.3 Attornev's Fees. If any judicial proceedings hereafter are brought to enforce any of
the provisions hereof, the prevailing party shall be entitled to recover the costs of
such proceedings, including reasonable attorney's fees and reasonable expert
witness fees.
5.4 Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail,
addressed as follows:
The Town: Town of Estes Park
Attn: Finance Director
P O Box 1200
Estes Park, CO 80517
Owner: Estes Park Housing Authority
Attn: Executive Director
PO Box 1200
Estes Park, CO 80517
5.5 Assiqnment. Owner shall not assign its rights or delegate is duties under this
Agreement without prior written consent by the Town.
5.6 Severabilitv,. Whenever possible, each provision of this Agreement and any other
related document shall be interpreted in such manner as to be valid under
applicable law. If any provision of this Agreement shall be invalid or prohibited
under said applicable law, such provisions shall be ineffective to the extent of such
invalidity or prohibition without invalidating the remaining provisions of such
document.
Section 6. Recordinq and Filinq Covenants to Run With the Land
6.1 This Agreement shall be recorded in the real property records of Larimer County,
Colorado. The covenants and obligations herein shall run with the Property and
shall bind, and the benefit shall inure to, respectively the Owner and its successors
and assigns, the Town, its successors and assigns, and all subsequent owners of
the Property or any interest therein during the term of this Agreement. If ownership
of the Property is divided, all such owners shall be jointly and severally liable for the
fulfillment of all Owner's obligations under this Agreement.
Water Fees Agreement--Page 4 of 7
Page148
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first set forth above.
ESTES PARK HOUSING AUTHORITY
Executive Director Date
Title: Date
Title Date
TOWN OF ESTES PARK
Mayor Date
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Water Fees Agreement--Page 5 of 7
Page149
EXHIBIT A
Leqal Description
LOT CONSOLIDATION PLAT of PEAK VIEW APARTMENTS, EP (Parcel Number:
20180078952) (Former Parcels 1, 2, & 3)
Water Fees Agreement--Page 6 of 7
Page150
EXHIBIT B
Amortization Table to be attached to final agreement
Water Fees Agreement--Page 7 of 7
Page 151
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Page 152
i
Y
T��N oF ESTES PARI
Memo • � • �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Date: July 28, 2020
RE: Fee Waiver Request, 1551 South Saint Vrain Avenue, Peak View
Apartments, Building Division fees, Estes Park Housing Authority (EPHA)
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER Fee Waiver
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Determine if the fee waiver request complies with Town Board's adopted fee waiver
policy and take action on the request.
Present Situation:
The Estes Park Housing Authority (EPHA) owns property at 1551 South Saint Vrain
Avenue (Highway 7) in the Town of Estes Park. The property is approx. 1.605 acres in
size and is zoned RM (Multifamily Residential.)
EPHA in 2018 proposed the construction of a workforce housing development project,
Peak View Apartments, on this site. In January 2019, the Estes Valley Planning
Commission reviewed and approved a Development Plan for the project, which consists
of twenty-six (26) multifamily apartment units. The project was approved under Sec.
11.4 of the Estes Valley Development Code (EVDC) (now the Estes Park Development
Code, or EPDC), and is aimed at providing workforce housing for the community, with
covenants requiring workforce-member occupancy per Sec. 11.4.
Proposal:
The applicant is now at the building-permit stage. Pursuant to filing for building plan
review and obtaining permits, EPHA is requesting a fee waiver for building permit and
review fees.
The request letter from EPHA (Attachment 1) outlines the request and provides general
background information on the project. Building division has reviewed these figures and
confirmed that they are valid estimates, based on estimated valuation.
Page 153
This request is to waive 50 percent of the building-permit and certificate of occupancy
fees and 100 percent of the plan-review fees. The table on p. 2 of the EPHA letter
(Attachment 1) shows how these amounts are broken out by type of review and by
proposed building on the site. Staff calculates that the combined request as proposed
would result in waiving 66.5 percent of total building-related fees. (Note: The County
Use Tax cannot be waived by the Town for any project; however, EPHA is a tax-exempt
entity, and Town staff concurs that this tax does not apply to them, so it's shown
appropriately as "n/a".)
If granted as requested, the waived amount would come to $18,974.71. In keeping with
past practice, staff suggests the amount waived be slightly increased to the nearest
round number, in order to make bookkeeping a bit simpler and also to allow for minor
unforeseen contingencies. In this case, staff suggests a not-to-exceed waiver at
$20,000 (which provides for approx. 5 percent contingency.)
Building fee waivers in 2020 are somewhat more complicated due to our contract with
SAFEBuilt for plan-review and building-permit services. Staff appreciates that EPHA
has not requested a 100 percent waiver in all categories, as that would translate to a
larger direct payment to SAFEBuilt out of General Fund. Under this proposal the Town
will subsidize the EPHA project by paying SAFEBuilt a proportion of the cost that would
otherwise be charged to the applicant.
As the Board is aware, on July 14 a contract amendment with SAFEBuilt was approved
to provide for a 50 percent discount for Town-owned projects. Although EPHA is not a
department of Town government per se, they are closely allied to the Town in structure
and operations. SAFEBuilt has agreed to consider this fee request as meeting the
contract criteria for a Town project, and will discount the permit and plan-reviews fees
by 50 percent.
Assuming the waiver is approved as requested and there is no change in actual fee
amounts, we estimate the Town's payment to SAFEBuilt to be approx. $4,706.18 (= 50
percent of the plan-review fee.) This payment would come out of General Fund. For the
building-permit part of the fees, EPHA would pay $9,562.35 (= 50 percent of the total
building-permit + certificate of occupancy amount at $19,124.70). All of the $9,562.35
payment would be passed through to SAFEBuilt, since the 50 percent discount is equal
to the 50 percent waiver request.
The outcome of this arithmetic is that the Town's General Fund will subsidize the
project's building fees by $4,706.18. Staff would judge this amount to be a modest
contribution to further a worthwhile goal and project.
The Town would
Policy 402 (Fee Waiver Policy) adopted by the Town Board is attached. Staff concludes
that this request meets the policy's requirements for workforce housing.
Advantaqes:
Page 154
• Aligns with Town Board's policy of supporting essential community needs — in this
case, workforce housing development - through consideration of waiving fees
assessed by the Community Development Department.
• Proposed development includes twenty-six (26) workforce housing units to serve
employees in the Estes Valley.
Disadvantaqes:
Net cost to the Town General Fund at $4,706.18.
Action Recommended:
Because the requested fee waiver is greater than $3,000.00, Town Board is the
appropriate decision-making body for this request. Community Development
recommends approval of the building permit and plan review fee waiver request as
presented.
Finance/Resource Impact:
General Fund: 101-2300-322.10-00 Licenses and Permits — Buildinq
Up to $4,706.18 in net cost to the Town. Staff would add that, although difficult to
measure, completion of this project will add revenue to the Town by providing our
workforce housing, thus multiplying economic benefits in several categories.
Level of Public Interest
Low.
Sample Motion:
I move for the approval of the fee waiver request as presented, with a not-to-exceed
waiver authorization of$20,000.00 for the proposed project.
Attachments:
1. EPHA request letter (June 24, 2020)
2. Policy 402 — Fee Waiver
Page 155
ATTACHMENT 1
�stes Park
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E'� �:��°'��I I.. :°�� ;t;; .s��c :��,
Hous�ng Autho�zt�r
June 24, 2020
Direc�or Randy Hunt
Community Development Department
�70 MacGregor A�enue
Estes Park, CD 80517
Director Hunt,
The Estes Paric Nousing Autharity is respec�fully requesting your suppor# for b�ilding permit and
plan review fee wai�ers far the workforce housing development naened, Peak View Apartments
located at 1551 South Saint Vrain Avenue in Estes Park. The total amount af this wai�er request
is $ 18,974.71.
Estes Park Nausing Authority has pro�ided housing opportunities for the residents of the Estes
Valley for nearly two decades and are proud to ser�e the individual� and families of this
community. In partnership with the Town of Estes Park, the Housi�g Authority has created a
variety of hausing optians serving both �ental and home ownership. Currentfy we pro�ide
- Over 180 rental units senring thase at 60%Area Median Income
- For the most �ulnerable in our population, we offer rental assistance (Housing Choice
Vouchers/5ection 8)
- Twenty-nine affordable home ownership options serving those at 80% Area Median
Incame
- Down payment assistance and,
- Complete income quafifying for a �ariety of�home ownership and rental pragrams.
Our newest de�elopment, Peak View Apartments is targeting the current ha�sing gap in our
community, workforce housing. 7his de�elopment wili offer twenty-six 1-, 2-, and 3-bedraam
units and wili serve as the principal residence for those that are employed (or self-employed) for
an average of at least thirty hours per week an an annual basis within the boundaries of the �stes
Park Schaal District R-3. The requirements of this property ha�e been estab{ished and signed as
of March 4, 2019 through a Restrictive Covenant and Agreement with a term no ]ess than fifty
(50)years.
A rendering of the project de�eloped by our architect, Bas�.s Architecture + Design is included.
Our cantractor, Heat� Construction LLC., d6a 5aunders Meath has pro�ided the following
valuations. These�aluations pro�ided permit quotes ZO-EP-00230- through 20-EP-00232.
Pa e 156
363 E. Efkhorn Ave., Ste. 1 a�, PO. Box �200 • Estes Park, CO 80517 • (970) 591-2535 • �ax (970} ��1-2538
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I I NORTH BUILDINGISOUTH BUILDINGI STORAGE I TOTAL
I Permit Feesl $ 8,93D.25 � $ 8,977.70 � $ 9�.6.75 I $�.8,824J0
I Cert of Occupancyl $ 10�.Oa I $ 100.00 � $ 10D.00 � � 300.00
I Use Tax (�PHA exempt)I Y ��4�9Q I Y ;',�9�98 � �--3�99 � � ��,�w
I Plan Re�iewl $ 4,465.13 I $ 4,48$.$5 I $ 45$.3$ I $ 9,412.36
I Tota I I $ 13,495.38 I $ 13,566.55 I $1,475.13 I $28,537.06
Estes Park Housing Authority is requesting waiver of 50% of the Building Permit Fees and
Certifications af Occupancy ($9,562.35) and 100% of the plan re�iew fees ($9,412.36}. We are
a�ailable and prepared to pravide any additional informatian or answer any questions, to assist
in your consideratian of our request.
Respectfully,
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N omi M. Hawf
Executive Director
Pa e 157
363 E. Elkhorn Ave., Ste. 101, PO. 8ox 1200 • Estes Park, CO 80517 • (970) 591-2535 • Fax (970) 5��-2538
ATTACHMENT 2
�
Effective Period: Uritil Superseded -
Review Scheciule: Biennially-Summer �
�ffective Date: 4126l2018
References: NIA
COMMUNITY DEVELOPMENT
402
Fee Waiver
9. PURPOSE
To establish a un�form policy for waiver of Community Development fees i�
support of essential community needs.
2. POL[CY
It is the policy of the Town Board of Trustees to support essential commu�ity needs
such as attainabfe and workforce housing, ass9sted living, and health care services
through consideration of waiving in-house fees assessed by the Community
Development Depa�tment. The Estes Valley Comprehensive P�an is used as a guide
in identifying these commUnity needs.
3. PROCEDUR�
a. EEigible Entities
The follawing enti#ies may be exempted from some or all Community
Development Department fees, e.g., building permit fees, c�evefopment review
fees, and sign code fees {except for direct expenses incurred in outsourcing):
1) Public funded government construction {federal, state, county, local);
including tax districtslspecia! districts (e.g., hospital, library, parks and
recreation); or
2) Organizations providing low-income health and human senrices or
attainable or workforce housing.
b. Fee Waiver Criteria
The Fol�owing criteria will be used #o qualify low-ir�come heal#h and human services
or attainable or workforce housing proj�cts:
1) A critical service is being provided;
2) The permitted project or buildmg will serve or support a currently
underserved and needy segment of the community;
3) Th� �opulation being serrr�d is the gen�ral public and is not su�ject to
any pre- quali�cation other than a needs-based (attainability) quali�cation,
or (in the case of housing) a local employment (workforce) qualification;
Document Title Policy�402 Fee Waiver 4/26I20i8
Revisions: 2 Town of Estes Park, Community Development Page 1 of 3
Page158
4} Attait�able ar workforce housing is deed-restricted; or
5} In the case of housin�, a project �s eligible for the attainab#e or workforce
incentive criter�a in Sec 1�.4 of the Estes Vatley Deve�opmen# Code.
c. Fee Waiver Request
It is not the policy of the Town o� Estes Park #o routinely waive fees for
projects meeting �he above criteria. These projects may request exemption by
s�bmittal of a written request #o the Comm�nity Development Department. The
decision-malcir�g body wil� hear the request and may choose to w�ive some or
ai� fees based on the merits of reques#.
Waiver Request Decision-Making Body '
�$500 per project; or Cammunity Development Director
�$500 per attainable or workforce housing unit
�$500 and <$3,000 per project; or Community Development DirectoT,
�$5Q� and �$3,000 per attaina6le or workforce following review by Town
housing unit Administrator
�$3,000 per project; or �own Bo�rd
�$3,000 per atkainable or workforce housing
unit
Approved:
x�
1
Mayor
'�� I���
D te
Revised by Town Administrator 3/29/2018 per Ordinance 04-2018
Document Title Policy 402 Fe�Waiver 4/26/2018
Re�isions:2 Town of Estes Park, Cammur�ity Development �age 2 of 3
Page 159
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Page 160
i
Y
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 28, 2020
RE: Interview Committee for the Board of Appeals
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
To appoint Town Board members to the interview committee for the open position on
the Board of Appeals.
Present Situation:
The Estes Park Board of Appeals consists of five volunteer community members with
technical qualifications. The board currently has one vacancy, for a registered design
professional with plumbing engineering experience or a plumbing contractor with at
least ten years' experience, five of which shall have been in responsible charge of work.
The Town Clerk's Office has advertised the opening and currently has received one
application as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the Board position.
Advantaqes:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantaqes:
None.
Action Recommended:
To appoint two Trustees to the interview committee.
Page 161
Finance/Resource Impact:
None.
Level of Public Interest:
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees and to
the Board of Appeals interview panel.
Attachments:
None.
Page 162