HomeMy WebLinkAboutPACKET Town Board 2020-09-08 Prepared 08-28-2020
'Revised
1
1 `��rN aF EST F�S PAI��
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 reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call(970)577-4777. TDD available.
BOARD OF TRUSTEES —TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesdav, September 8, 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, September 8, 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,
September 8, 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 September 8, 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.orq/boardsandmeetinqs 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.
Page 1
(Instructions continued on page 2,Agenda begins on page 3)
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https://zoom.us/i/98216902040 — Zoom Webinar ID: Ft:r�i:z:1��4�Liu. The
Zoom Webinar link and instructions are also available at www.estes.ora/boardsandmeetinas
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.ora/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, September 7, 2020 by 8:00 a.m. to the Town
Clerk's office at townclerk(cr�estes.orq.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimonv
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, September 7, 2020.
Due to the holiday please leave a voicemail and your comment will be transcribed. 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.orq.or calling (970)577-4777 by Monday, September 7, 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(c�estes.orq.by 8:00
a.m. Monday, September 7, 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(c�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 08-28-2020
'Revised
AGENDA
BOARD OF TRUSTEES—TOWN OF ESTES PARK
Tuesday. September 8. 2020
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION—RECOGNITION OF DR. JAMES DURWARD.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS/ LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT—POLICY 3.8.
Policy 2.3 establishing reporting requirements for the Town Administrator under Policy
Governance. Policy 3.8 is reported on each September.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated August 25, 2020 and Town Board Study Session Minutes
dated August 25, 2020.
3. Estes Park Board of Adjustment Minutes dated August 4, 2020 (Acknowledgement
only).
4. Parks Advisory Board Minutes dated February 20, 2020 (Acknowledgement only).
5. Transportation Advisory Board Minutes dated May 12, 2020 and July 15, 2020
(Acknowledgement only).
6. Family Advisory Board Appointment of Chris Douglas for a term expiring April 30,
2023.
7. Acceptance of Town Administrator Policy Governance Monitoring Report.
ACTION ITEMS:
1. RESOLUTION 55-20 PURCHASE CONTRACT FOR THE THUMB OPEN SPACE.
Supervisor Berg.
Present the Purchase Contract for the Thumb Open Space acquisition.
2. PUBLIC HEARING -ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE:
Director Bergsten.
• Continued from August 25, 2020.
• Present the electric rate study results.
2. INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk's
office.
ADJOURN.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was Page 3
prepared.
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Page 4
i
Y
T��N oF ESTES PARI�
Memo � � � • •
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 8, 2020
RE: Policy Governance Monitoring Report— Policy 3.8
(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.
Reporting on Policy 3.8 — Compensation and Benefits is required in September of each
year.
Policy 3.8 states:
"With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not
cause or allow jeopardy to fiscal integrity."
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 5
Policy 3.8: With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not cause or
allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he
or she may not:
3.8.1: Change his or her own compensation and benefits
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that would
result in a personal financial benefit, including modifying my benefits, leave
provisions, or compensation in any way that is not defined in my employment
agreement or specifically approved by the Town Board.
Compliance with the policy will be achieved when: All of my compensation
and benefits remain as approved by the Board through either my employment
agreement or by specific action of the Town Board.
Evidence:
L The adopted budget and Comprehensive Annual Financial Report
document that I have not taken any action to change my own
compensation or benefits.
Report: I report compliance.
3.8.2: Promise or imply permanent or guaranteed employment
Status: Com liance
Interpretation: I interpret this to mean that I cannot make any statements to
current or potential employees that they can be assured of guaranteed employment
with the Town of Estes Park.
Compliance with the policy will be achieved when: I did not make any
comments, verbally or in writing to any employee that can be construed as
implying permanent or guaranteed employment.
Evidence:
1. Since this is a requirement NOT to do something, the evidence would be
for non-compliance (a substantiated allegation that such a promise or
implication was made). No such allegations have been raised with myself,
Human Resources or with the Town Board.
Report: I report compliance
Page 6
3.8.3: Establish current compensation and benefits which deviate materially for the
regional or professional market for the skills employed
Status: Com liance
Interpretation: I interpret this to mean we regularly compare our compensation
and benefits to the regional market. That market has been defined in Policy 301 as
adopted by the Board. The specifics of the market comparison process are defined
in Policy 301.
Compliance with the policy will be achieved when: I ensure we fully comply
the procedures and steps outlined in the Board adopted Policy 301 regarding
Classification and Compensation
Evidence:
L The compensation study, as prepared by the Town Compensation
Consultant under the supervision of Human Resources staff.
2. Published Compensation schedules and Classification plan which is
congruent with the results of the annual Compensation Study.
3. Specifics of the compensation model and most recent study are available
for inspection upon request.
Report: I report compliance.
3.8.4: Establish deferred or long-term compensation and benefits, without approval
of the Town Board.
Status: Com liance
Interpretation: I interpret this to mean that I cannot take any action that would
create or change any deferred or other long-term compensation for any employees
without specific Board approval.
Compliance with the policy will be achieved when: There have been no
changes to anyone's deferred or other long-term compensation or benefits without
Board approval.
Evidence:
1. The adopted budget and the Comprehensive Annual Financial Report
document that I have not taken any action to change any long-term
compensation or benefits without the prior approval of the Board.
Report: I report compliance.
Page 7
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Page 8
Town of Estes Park, Larimer County, Colorado, August 25, 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 25th day of August, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Admini or
Dan Kramer, Town Attorney
Reuben Bergsten, Utilities Director
Bunny Victoria Beers, Recording eta
Absent: Marie Cenac, Trustee
Mayor Koenig called the meeting to order at 7: . and siring to do s , recited
the Pledge of Allegiance.
PROCLAMATION - 100T" ANNIVERSARY OF PASSAGE OF THE 19r"
AMENDMENT. Mayor Koenig pres a proclam commemorating the 100t"
Anniversary of the passage of the 19 nt. Jean uire, member of the 100
Years Celebration of Women Task For tate ions ude: a 19�h Amendment
display at the Estes Valley Library, a ca ava ntown, and a free showing
of "On the Basis of Sex" a Reel M heater. he encouraged the public to
submit comments and st rating n of the Estes Valley for the 100 Years a
100 Women Project.
PROCLAMATIO ONSTI ayor Koenig presented a proclamation
recognizing Septem 7, ember 23, 2020 as Constitution Week.
AGEND L.
It wa ved eco (Bangs/Webermeier) to approve the Agenda as
pre d, and it pa una sly.
PUB OMMENTS.
Jim Ke own citiz oiced concerns regarding parking lot improvements for the
Stanley H arria ouse. He stated his property faces the parking lot where a fence
was propose rchitectural review. He requested the Board give a strong position
in favor of a fe etween the parking lot and homes at the site during the Technical
Review of the Carriage House.
TRUSTEE COMMENTS.
Trustee Bangs stated the Estes Park Non-Profit Resource Center held a meeting to
discuss childcare situations. She stated the Estes Park School District would begin the
2020 school year virtually and an in-person option when health officials determine in
person learning can commence.The Boys and Girls Club and YMCA of the Rockies have
spaces available for children ranging from Kindergarten through 6th Grade. She stated
the Estes Valley Childcare Collaborative would be providing more information to the Town
regarding childcare options when available. The Transportation Advisory Board met and
discussed the Electric Vehicle Plan. The Estes Valley Restorative Justice Partnership is
requesting feedback on their community, school and justice-based programming through
a survey which can be found on the website.
Mayor Pro Tem Martchink attended the Economic Development Corporation (EDC)
meeting where Tom Carosello was appointed to the Board of Directors and the EDC
Page 9
Board of Trustees—August 25,2020—Page 2
Sustaining Support program was formed to find alternative revenue sources outside of
the traditional funding mechanisms.
Trustee MacAlpine attended the Estes Park Planning Commission meeting on August 18,
2020 where increased building height in the Downtown Commercial (CD)zoning district
was discussed as addressed in the Downtown Plan approved in 2018. She stated the
plan has potential in terms of providing additional space for workforce housing and
encouraged the public to provide input to the Planning Commission and staff.
On behalf of Trustee Cenac, Liaison to Western Heritage, Mayor Koenig requested
feedback from Attorney Kramer regarding the Memorandum of Understanding (MOU)
with Western Heritage which renews automatically on September 1,2020 and requested
Board consideration in terminating the MOU. The Board requested more information
regarding transparency concerns mentioned by Trustee Cenac, the oming Western
Heritage Board election, and the need to clarify the role and rel hip between the
Town and Western Heritage. Attorney Kramer and Director Hi ontinue to work on
the Board's recommended edits to the MOU and would pres ate to the Board
at a future meeting. Town Administrator Machalek stated s can s le a review of
the MOU in the spring which the Board was in agr ent and to action on
terminating the MOU.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek attended the Lari ount artment of Public Health
and Environment conference call for an update -19. He stated cases are
showing a downward trend and health officials are se decrease in hospitalizations.
Estes Park Sanitation District and Up mpson San District have begun waste
water COVID testing by submitting sa ested in at CSU to develop trend
data. He encouraged the public contin o ta ions, aintain social distancing
and wear face coverings in public.
1. CONSENT AGEND
1. Bills.
2. Town Boar utes , 2020 and Town Board Study Session
Minutes dated , 2020.
3. E nin mission Minutes dated June 16,2020 and Study Session
tes da ly 2 , 0 (Acknowledgement only).
amily Adviso ard Minutes dated July 2, 2020 (Acknowledgement only).
It w oved an conded (Webermeier/Younglund) to approve the Consent
Agen d it p d unanimously.
ACTION ITEM
1. ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE. Mayor Koenig
opened the public meeting. Director Bergsten stated the initial public hearing on the
electric rate increase was brought forward to the Board on March 10,2020.The global
pandemic has resulted in a one-year delay in the proposed electric rate increases to
January 2021. The proposed rate increase balances costs and revenues and keeps
utilities in line with ever-increasing federal standards. Staff proposes an overall
revenue increase of 5.9% spread out over three years. He stated 91% of customers
fall into residential or small commercial class. Over a three-year period, the average
monthly increase would be approximately 2.2% for residential and 0.9% for small
commercial customers. He stated measures have been taken to reduce budgetary
impacts of COVID-19. Staff stated delinquencies grew after mitigation efforts were
issued by the Governor, prohibiting the charging of delinquency fees. Businesses are
starting back up and a number of businesses have attempted to make payments on
utility fees. Board comments have been summarized: Questioned which impacts
drove the decision to delay the rate increase to 2021; clarification on fund transfer
amounts to the General Fund; the historical increase in transfer amounts over the page 10
Board of Trustees—August 25,2020—Page 3
years; and what the impact to rates would be from a decrease in the transfer funds.
Staff continues to review transfer amounts from Utilities to the General Fund, stating
awareness of the growing proportion of the transfer funds. Town policy caps the
percentage of utility charges for service which could be transferred at 12%. It was
moved and seconded (Webermeier/Martchink)to continue the rate hearing to the
September 8, 2020 meeting, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 7:36 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Recording Secretary
Page 11
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado August 25, 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 25t" day of
August, 2020.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
MacAlpine, Webermeier, and Younglund
Also Attending: Town Administrator Machalek, Assi own Administrator
Damweber, Town Attorney Kram ording Secretary
Disney
Absent: Trustee Cenac
Mayor Koenig called the meeting to order at 5:1 .
OPEN SPACE AND OUTDOOR RECREATION
Executive Director Jeffrey Boring provided an overvi the Open Space and Outdoor
Recreation Plan. He stressed the i ' n of the p as not to be a regulatory
document, to define what makes th Iley spe e highlighted proactive
conservation efforts, financial implica o tion ations, land limitations,
public outreach and the planning proce The ed conservation effects on
workforce housing, financia upport fr t own, t sfer of development rights,
neighborhood recreation n for T fforts, and next steps.
FUTURE OF HUM SOUR MANA ENT—HR STRATEGIC PLAN.
Director Williams vided of t HR Strategic Plan which addresses key
areas of training a ev , g, selection and onboarding, retention,
engagement and com ion, compensation and benefits, and infrastructure. She
highlight nt s s provided by Human Resources, the strategic planning
proce ase ach plementation, and the structure of Human Resources.
The rd discusse 't inte s with departing employees, the options for Human
R ces structure, a he importance of Human Resources.
DISCU ON HO G TRUSTEE TALKS.
This item ove he September 8, 2020 Study Session.
TRUSTEE 8�A STRATOR COMMENTS 8�QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek provided the following schedule for upcoming Study
Session Agenda Items: September 8, 2020 Discussion on Holding Trustee Talks, Semi-
Annual Compliance Review of Governing Policy 1.10, Family Advisory Board
recommendations, and Childcare Funding Guidelines; September 22, 2020 Update on
Community Childcare Efforts and Revisit Fee Waiver & Subsidy Policies; October 13,
2020 Future Funding of Arts in Public Places Program; and October 27, 2020 Parking
Division Year in Review and Plans for 2021.
Trustee Younglund requested a discussion on adjusting the start time of Study Sessions
to allow more time for Board discussions during the meetings. It was determined staff
would adjust the agendas to allow for more discussion time.
Page 12
RECORD OF PROCEEDINGS
Town Board Study Session—August 25, 2020—Page 2
There being no further business, Mayor Koenig adjourned the meeting at 6:29 p.m.
Kimberly Disney, Recording Secretary
Page 13
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Town of Estes Park, Larimer County, Colorado, August 4, 2020
Minutes of a Regular meeting of the ESTES PARK BOARD OF
ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado.
Meeting held virtually in said Town of Estes Park on the 04 day of August,
2020.
Committee: Chair Jeff Moreau, Vice Chair, Wayne Newsom, Board
Member Joe Holtzman
Attending: Vice Chair Newsom, Board Member Holtzman, Community
Development Director Randy Hunt, Planner II Alex Bergeron,
Recording Secretary Karin Swanlund, Town Board Liaison
Barbara MacApline, Town Attorney Dan Kramer
Absent: Chair Moreau
Vice-Chair Newsom called the meeting to order at 9:00 a.m.
PUBLIC COMMENT.
None
APPROVALOFAGENDA
It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion
passed 2-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The
motion passed 2-0.
VARIANCE REQUEST, HABITAT FOR HUMANITY, 1730 RAVEN AVENUE.
Director Hunt reviewed the staff report and the applicants request for a variance to the
current density requirement in EPDC Sec. 4.3.C.4 Table 4-2 "Max. Net Density
(units/acre)" column, for the RM (Residential Multifamily) Zoning District. The table
permits a maximum of 8 units per acre; applicant requests a density of 25.5 units / acre.
Habitat for Humanity is proposing to build 6 units on this property, which would not
require a variance. In order to allow the lot split to happen, this variance is needed to
bring the current condominiums into compliance. Staff recommended approval of the
requested variance.
Board Comments: None, thanks to thorough review by Director Hunt.
Applicant Comment: Joe Coop, Van Horn Engineering, spoke on the history of the lot
and the confusion as to whether or not it was ever subdivided. Doing a minor
Page 15
RECORD OF PROCEEDINGS
Estes Park Board of Adjustment, August 4, 2020 — Page 2
subdivision will clean this up. Moving the lot line and building more parking will improve
the look and appeal of the entire complex.
Dave Emerson, Director of Habitat St. Vrain Valley, gave a presentation on how Habitat
serves and helps the community. The new homes will blend into the neighborhood
where they are being built. These homes will be deemed Affordable Housing
permanently, even when an owner sells. This particular property has been under
contract with the owners since 2011. The subdivision process will contain the elements
of green space, yards, fencing and other details.
Brenda Wyss, Habitat Home recipient, spoke on her experience with the program and
what it has meant to her and her family, stressing how grateful she is to partner with
Habitat for Humanity.
Craig Ellsworth, Habitat Board of Directors, spoke in favor or the project and reviewed
the need for affordable housing in the Estes Valley.
Public Comment: Gregory Parrack, 1747 Raven Avenue, stated concerns with children
not having enough green-space, parking problems and thinks that six houses is too many,
preferring three or four.
It was moved and seconded (Holtzman/Newsom)to approve the requested variance, with
findings and conclusions as outlined in the staff report, and specifically including the
following condition:
1. The Minor Subdivision, as substantially shown on the Preliminary Minor Plat of Lot
1, North Lake Subdivision, shall be approved and recorded within one (1)year from
August 4, 2020, or the variance shall be deemed null and void.
The motion passed 2-0.
REPORTS
There is one item on the agenda for the September 1 meeting.
There being no further business, Vice-Chair Newsom adjourned the meeting at 10:05
a.m.
Wayne Newsom, Vice-Chair
Karin Swanlund, Recording Secretary
Page 16
REC�R� O� PR�CEEDINGS
Town of Estes Park, Larimer Caunty, Calorado, February 20'", 2020
Minutes of a regular meeting of the Parks Ad�isory Baard of the Town of Estes Park,
Larimer County, CaEorado. Meeting held in Room �Q2 of Estes Park Tawn Hal1 an the
2a�n day of Fe�ruary 2��Q.
Present Merle Moore
Vicki Papineau
Ron Wil�o�ks
Rex Poggenpohl
Geaffrey Elfiot
Dewain Lockwood
Also
Present: Patrick Mart�hink,Town 6oard Liaisan
Brian Berg, Parks 5upervisor
Kevin Mc�achern, Public Works Operations Manager
Absen#:
Chair Merle Moore calfed the meetfng to order at 8:35 a.m.
PU6LIC C�MMENf:
Public in atte�dance were:
Cherie Martin, �Ciwanis President and Treasurer�Qr the League of Women Vofers
Liz Zornes, President of the League of Women Voters
ColEeen Ellingson, League of Women Voters
There was na public camment.
APPROVAL OF MINUTES
A motion was made and seconded {PapineaulLockwood}to appro�e the .January
meeting minutes and ali were in fa�or.
202U DEC�RATING UTILITY Bdx (DLJBI PR�GRAM
Parks Supervisar Brian 6erg informed the PAB that the large Cattonwood tree at
Ri�erside Parlc was remo�ed leaving�ery large gaod chunks af trees for patential
car�ing. He also reminded the group of the art display far the Dawntown Estes Laop
and that this material could�e used. Berg stated the Parks 5hop may be ahle to stare
fhe wood to keep it dry. Berg will check with a waad carver to determine the le�e!of
maisture needing main#ained. If properly prote�ted, it will last a long time, but
maintenance is �ritical.
Berg went on to ask the members if they were interested in cantinuing the pecorating
Utility Box�aUB}program in 2020.All members af the board agreed that this program
should continue until all boxes are completed. A member Y�as suggested the high
�isibility bax [ocated at Mc�anald's, but Berg's primary focus has been in the downtawn
�are. Berg requested other suggestions and Trustee Martchink recommended the
Wonderview{US 34y and MacGregor A�e. area where the new roundabout is heing
installed by CD�T.
Page 17
RECDRD OF PROCEEOINGS
Parks Ad�isory Board�February 2�,2D2fl--Page 2
�FFIC�R ELECTI0�15
Chair Maore opened the floor ta nominations for the annual PAB officer electians.
Member Poggenpohl naminated Merle Moare to continue as Chairperson and Member
Wilcacks seconded.
Member Lacicwaod nominated Rex Poggenpohl for CQ-Chairpersan and Mem�er
Papineau seconded.
A motiort was made and seconded �WiE�ocEcslElliaty to elect Merle Moore as
Chairperson and Rex Poggenpohl as Co-Chairpersan and a[I were in favor.
Moore expressed to the group that he's performed as a memher or Chairpersan of t�is
hoard for six years and plans ta resign at the er�d of the year. He'll keep the graup
informed of his intentions. There are many things goir�g on that he'd like ta see through
to the end,
AIPP APPLICATIDN--YARA[ B�MBING
Chair Moore introduced the recently recei�ed Art In Public Places application for the
2�2a Yarn Bom�ing. No cnmplicatians were reported in 2�9 9 with this e�ent. Supervisor
Berg's appro�al will still need required regarding the locations of the yarn faombing.A
mation was made and seconded to appro�e the application �Wil�o�kslPoggenpahlJ and
all were fn favor.
MR5 WALSH'S GAROEN AOVIS�RY CnMMITTEE LJPQATE
At the last meeting of the Mrs.Walsf�'s Garden Advisory Committee, there was a
dis�ussion a�out the Mauntain Heritage Festival taking pface April 24, 2�2�.There will
be more activities for children in 2�20. Maore requested PAB members valunteer ta
attend the festival and man the PA6 infarmation table. MWGAC will have mernbers
availadle at the festi�al at a table and Mernber Papineau will �e there representing the
Estes Land 5tewardship Assaciation at a table.
Moore informed the group that tY�e RFP for Mrs.Wa�sh's Garden Master Plan has been
published. oetailed drawings for the damaged waterfall and pond were re�eived. Six
firms responded and all proposals were reviewed and narrawed down to 2. The re�iew
team will interv3ew fhe two firms Friday, February 21. This RFP only targe#s the design
work on the waterfall and pond.A se�ond RFP wiil be published for construction,
potentially in 5eptember.All are hoping for c�nstru�tion ta o�cur this fali and planting
next spring.
HIS7QRIC WOMEN�F ESTES SLJBCOMMIT7E�UPDA7E
Mernber Wilcacks distributed a draft of Ftesaluiion for the Historic Women's Monumen#.
Wilco�ks received gaod infarmation, and wor�smithing,from Public Works Director
Greg Muhonen. One interesting item to nafe is that in 1920, when wamen's right to vote
was passed, it didn't include all wQmen. Women of�oior were not allowed for anather
50 years.
Wil�ocks requested PAB re�iew this document for appra�al to recommend presentation
to the Town Board for final appro�al. A mation was made and seconded to appra�e the
resalution go hefore the Town Board �WilcockslPoggenpohly and alE were in fa�or.The
item may be put on consent, knawing it can �e pulled for discussion by anyone at th�
meeting.A memher oi ihe public, Liz Zornes asked if she could pose a questlon. She
asked how this itern could gQ on the Consent Agenda if Trustees need to determine a
location for the sculpture. Trustee Martchink stated that once the resalution is passed by
the Town Board, it will be a staff decisian, along with the PAB, on the best location for
Page 18
RECDRD OF PROCEEOINGS
Parks Ad�risory B�ard—February 2�,2D2fl--Page 3
the art. Member Wil�acks was asked if he re�ommended supporters come to speak to
the itsm which was affirmed.
Member Eliiot asked if the fundraising efFort wau�d incfude the cost oi maintenance f�r
the scuipture which Wilcocks affirmed.
PR�P05ED ARTS A�VIS�RY C�MMITTEE
MembEr Poggenpahl distri�uted a draft proposal for an Arts Ad�isary Committee {AAC},
as a PAS subcomrnittee. He asked that all feedback be pra�ided to Member Wilcocks
and wouEd be discussed at the next regular PAB meeting. This is just a concept for
appro�a! as the full development af the cammittee ha�e nflt yet been finalized.
Poggenpohl suggested this be discussed with ofher cammunifies in order to pro�ide
�aluable information to fhe Town Board. Chair Moore stated he would meet wifh
Member Wilcocks and Tawn Administratar Machalek to express what is being
aftempted with the new committee. This cancept has grown to the point where there are
a couple different lanes this can take.
Poggenpohl stated that the Town has no Art�irector and PAB does not have specific
art expertise, which dictates the need far an AAC.A determination needs made by
Machaiek. Paggenpohl stated that after meeting with Machalek, the item needs to he
presented ta tfi�e Town Soard. Moare suggested it come back befare the PAB before
moving forward to the Town Board. MoQre requested the PAB take anather loak at the
document and pravide feedback at the next rneeting. Martchink stated he understands
how much wark has gone intQ this and he looks forward ta hearing what the other
Trustees have to say.
M�UAlTAIN HERITAGE FESTIVAL
Member Elliot stated that the 2020 MountaiR Heritage Festi�al planning is on schedule.
He expressed his excitemen#to ha�e additional parties from the school dis#rict in�ol�ed
this year.
�THER BUSINESS
Memher Wilcocks updated the group on information received regarding the �Ikhorn
Lodge development from the previous day's Transpartatior�Advisory Board {TABy
meeting.7he�on�eptual level of the development in�ludes autside site improvements.
This development will extend the sidewalks on south side to Mrs. Wafsh's Garden with
added�rosswafks. Martchink stated that this item was continued to a special planning
commission meeting to oc�ur on Fe�ruary 25 at 11:OD a.m. Martchink directed all to the
website for additionaf information on the development.
Wifh no other�usiness to dis�uss, a motion was made and secanded (Papineaul
Wil�acks}to adjourn the meeting at 9:26 a.m. and all were in fa�or,
Recording 5ecretary
Megan Van Haazer, Public Works
Page 19
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REC�RD OF PRDCEEQINGS
Tawrr of Esfes Park, Larimer Caunty, Colarado, May 9 2,2020
Minutes of a regular meeting of the Transportation Advisory Board of the Town af
Estes Park, Larimer County, Colarado. Meeting held virtually via Google Meet on the
'f 2`h day of May.2�20.
Present: Belle Morris
Gardon 51ack
Larry Gamble
Tom Street
Ron Wil�ocks
Janice Crow
LFnda Hanick
Scott Moulton
Also Present: Wendy Koenig, Mayar
Trustee Carlie Bangs,Town Board Liaisan
David Hook, �ngineering Manager
Greg Muhonen, Pubiic Worfc�irector
Megan Van Hoozer, Public Works Administrative Assistant
Ba rh Aye rs
Jahn Hannon
Teri Salerno
Lowell Rosenthal
Absent: Ann Finley
Chair Morris calle�the meeting to arder at 12:01 p.m.
PLJBLIC COMMEIVT
No ele�tronic submEssions of publi�comment were received prior ta the deadline.
APPROVAL OF MINUTES
A motion was made and seconded {SlacklHanick)to appro�e the February meeting
minutes and all were in favor. Gamhle abstained fram the vote as he was not a rnember
at the#ime of the February meeting.
Chair Morris introduced new member, Larry Gamble, tq the graup and standing
members introduced themsel�es. Member Gamble shared a quick snapshat of his
background. Gam�fe began in lan�scape ar�hitecture, and was then hired on with
RMNP. Gamhle re�ei�ed his Master's ❑egree in Regional Resources Planning for CSLJ.
Gamhle went on to work at the City af Loveland as a planner, which is where he first
met Director Muhonen. When a positian with RMNP was newly created, it fit him ta a
tee. Gamble continued to work for RMNP for the next 25 years and finlshed as Chief of
P�anning. Gam3�le is now retired and is looking forward ta working wifh e�eryone.
2U2n TRAN517 PROGRAM
Manager 5oles�ee introduced the presentation prepared for the May 26 Tawn Baard
study sessian.The presentation will highlight budget and logistical impacts due to the
COVf�-�9 pandemic and planned outreach. Solesbee requested feedback, ideas
andlor fnput from TAB prior to the sfudy sessian. The impfementation of transit service
has been delayed to July 1, 2Q2d. Daily ser�ice for all 5 routes will cantinue from July 't
through�ctober 4. Salesbee is negatiating a Flexible lease contract with Rocky
Mountain 7ransit Management as a safety meas�re due to the pandemi�.
Many public heaith safety measures will be implemented based on research af peer
communities and weekly cails with all transit agencies. 5maller buses will be used in page 21
Transportation Ad�isory Board—May 12,2020—Page 2
Estes allQwing for physical distancing. Estes Transit will pro�ide fa�e�o�erings, are
looking into dri�er prote�tion barriers,will practice daily fogging and antiba�terial wipes
to wipe down seating and areas.
Discussion of the value of transit will be addressed anotY�er tfine. TY�is wil!invof�e a
discussion abauf outreach and feed�ack,the different values �etween lacals and
guests, and will look at the enviranmental impact af shuttle service�ersus hundreds of
thausands of cars.
A ridership survey went out ta all and the Town has recei�ed wefl o�er a hundred
responses.Althaugh the survey is not yet closed, 5olesbee shared some preliminary
results.At this point, the sur�ey is�ery split 6etween "Not Likely at Afl" to ride publi�
fransit this year and "Very Likely"ta use puhli�transit.
Solesbee is looking at 1 Q riders per�ehi�Ee,with planning all alang the way. If 10 ri�ers
were picked up at one stop, na one else allowed to get an along the route. Solesbee
stated there will definitely he a�eratianal challenges, but t�e dri�er will ha�e ta pass
those waiting if tha#is what is deemed necessary.
Qne af the options being explored is providing shu#tle flexi�ility to run the fleet.
5olesbee is wQrking to strengthen existing cornmunity businesses to fill the gaps�i.e.
Via Mobility]. Member 51a�k asked if there's an ❑ptian for a �all and pick-up pragram.
5alesbee stated that on-demand rides may put the Town in competition with local
businesses w�ich is not and intent of this service. Member Moul#on confirmed w€th the
grqup thaf the shuttle ser�iGe is c�itically important to locals, especiaNy an the Hausing
Authority frant.
The plan far the 2Q20 Transit 5eason is to ha�e the shuttle pick-ups aGcur at the
parking structure, howe�er the RMNP Hiker 5huttle and CDOT's Bustang will continue
to use the Visitor Center parking lot.
P05TP�NEMENT�F PAIp PARKING
�oing to the Town Board thls e�ening is the resol�tion to suspend 202Q parking fees as
a result of the economic impact of COVID-19. Normal permits and citations are being
issued but not the"sfepped-up"�ersion. Enforcement of parking is primariiy the same
as last year. ❑ata will continue to be collected. Outreach regarding employee permits is
creatir�g inte+'est from business owners.
ELFCHORN AVE.1 MAIAI ST. CL�SURE POTENTIAL
A pilat program is being presented for COVIQ pr4tection ta test a Stay Healthy 5treets
Plan proposal. This is a conceptual idea for discussian. It is important to start the
dis�ussion as cities all o�er the world are de�ising ways to open up areas for citizens to
ma�e araund without the constriction af the downtawn sidewalks. The goal Is fo try and
help enable so�ial distan�ing.
Director Muhonen emphasized that this is just an idea that will not go anywhere if the
downtown mer�hants aren't supportive.This is up for discussion to help mitigate
exposure.The question is whether or not there is a need#o give people space while
walking downtawn. This may result in lines of patrons along the sidewalk, arnong the ice
cream eafers, and may result in further congestion. It's truly up to the merchants what
they feel is needed. There will be a conversation organized by the Chamber of
Cammerce at 11 a.m.Qn �riday with the merchants ta discuss ideas.
Chair Morris and Ca-Chair 5treet will create the document after discussions ha�e been
held with the merchants. Thfs may als❑ be discussed at the May 26 Town Board
meeting. Muhonen has made CaOT aware this discussion would be occurring.
Gamhle expressed concerns ahaut the location but stated it is a wonder�ul idea. He
wauld not recommend doing a pilot test at this location in the middle of the day.
Page 22
Transportation Ad�isory Board—May 12,2020—Page 3
Member Hanick stated fhat the MacGregor A�enue &INonderview{U.S. 34}are already
�IQsed. She stated fhat she will personally nQ longer be gaing downtawn as there is no
way to socially distance. I#was very busy o�er fhe past weekend and will anly worsen.
Moulton likes the�reativity of the draft plan. If safety measures are provided, he wou€d
encaurage thvse hesitant to come dawntown.
5treet reminded the group that if a piiot is to he dane, it would not start until after
Wonderview is apen. Muhanen agreed and stated the Wanderview�onstruction is
scheduled for comple#ion July 1. Street wants to see the pilot but wiihout impeding
travel to RMNP. RMNP's Jahn Hannan stated#hat all options of the RMNP reapening
are being explored and more will be ralled ouf at tonight's Tawn Board meetir�g.
Trustee Bangs s�ared her appreciation for the appraach being taken and getting
downEown merchants in�ol�ed. Muhonen confirmed that if tt�e mer�hants are not on
board with this pilo#program,the discussion wauld prohahly be puEled from the agenda.
Muf�onen requ�sted a posi#ian document from TAB—haw the members are fee€ing
about ihis.
Street made a motian that the TAB suppvrt Public Works �n fheir participation in the next
Town 6oard study session to present the basic ideas regarding implementatiQn of the
Safer 5treets program, as presented in the TAB pa�ket, �ontingent upan the support of
fhe business community.
Slack re�ommends the Town 8oard liaison, Carlie Bangs, can�ey to fhe Tawn 8aard
that this idea is under consideration hy the TA6. 6angs stated she plans to share this
information with the 7own Board tonight.
Co-Chair 5treet reiterated that the main goal af this program is to help the dvwntown
business�ommunity by attsmpting to increase sh�pping and eating#raffic, and�y
making the downtown en�ironment�ore in�iting and appealing.
5treef withdrew his motion.
PROJECT UPDATES (Enaineerina Manaaer Da�id Hook]
Fafl River Trai1 Extensian:
The Town now has a canstruction�ontract for a phase of the Falf F2i�er Trail a�ong Fish
Hatchery Rd. A preconstructian meeting was hekd last week and the TQwn is reviewing
the suhmittals. Hook is now awaiting confirmation af a �rm start date but anti�ipates iYl!
be sQmetime in June.
Srarral at Steamer Dr. &Hwv 34:
The design process continues to progress. Hook�as requested a study on how this
signal wifl impact areas on the other side of L�.S. 34.
REaUEST FOR LETTERS OF RECOMMENDATION
Muhonen stated that it would he helpful for the Town 8oard to hear from TAB via a
secand letter of suppQrt from this group on the safer streets pilat, if comfortable doing
so. Member Craw made a motian ta support autharizing a second letter of support he
sen#by TAB, to the Town Board.
With na other bus3ness ta dis�uss, Chair Morris adjourned the meeting at 'i:57 p.rn.
Recording Secretary
Megan Van Hoozer, Public Warks pepartment
Page 23
Town of Esfes Park, Larirner CounEy, C�larado, ,July 15, 2020
Minutes vf a Reg�lar meeting vf th� Transportation Ad�isory Bvard af the
T�wn af Estes Park, Larimer County, C�larado. Meeting held�irtualfy on the
15th day of July, 2020.
�ammittee: Belke Marris, Tom 5treet, Janice Craw, Ann Finiey, Larry
Gam�ie, Linda Hanick, Scott Moulton, Gordon Slack, Ron
Wilcocks
Atter�ding: 6elke Morris, Tom Street, Jani�e Crow, Ann Finley, Larry
Gamhfe, Linda Hanick, Scatt Maulton, Gordan Slack, Ron
Wilcacks, Ganeral Mgr. of The Car Park Matt Eisenl�erg,
Trustee Carlie 6angs, Pubfic Works Director Greg Muhonen
Atisent: Engineering Mgr. Oavid Hook
Chair Morris called the meeting to order at 12:Q3 p.m.
PUBLIC C�MMENT.
Na electronic submissions of puhlic comment were recei�ed prior ta the deadline.
ARPRDVAL DF MIHUTES
A motion was made and seconded {GamblelStrest}to appro�e the May meeting
minutes as carrected and a�l were in fa�or.
PR�JECT UPDATES: PARKING (Parkirra& Transif Mpr. Vanessa 5olesbee]
General Manager of The Car Park, Matt Eisenberg presented parking o�Gupancy
upda#es to the gro�p capturing data from Niemarial ❑ay weekend through the end oi
June.
Campared to 2�'I9, ocGupancy on all Town par€cing lots is dowr�. One thing fa keep in
mind that plays a part in the overall data shawn is that the Visitor Center, Town Hall and
the�.i�rary are not open and there is no Rocky Mountain National Park Hiker Shuttfe
operating. Member WiEcQcks requested timed snapshots as shown in years past.
Member Gamble suggested that the roundabaut proje�t at Ma�Gregor Ave. &
Wonderview(U.S. 34}may have alsa impacfed parking numbers (presentafion
a[tachedJ.
PR�JECT UPDATES: TRANSIT (Parkina& Transrt Mpr. Varressa Sales,bee}
Manager Soies�ee infQrmed the TAB that the visitor numbers are down this year and
the shuttle servfce is nearly empty an most rautes.Wilcacks suggested stopping all
shuttle services, �anking the dollars saved and apply to year-round service. 5olesbee
s#ated that stopping ser�ice is certainly an o�Eion being considered,while weighing
�onsiderations for tY�ose I�cals dependent on the transit service for in-town travel.
The Transit Di�ision is also preparing a Request for Proposal for the second Tawn-
owned electric trolley to go thraugh the�ampetiti�e bid process.
The Town of Estes Park is vne af a few organizatiQns that wii4�e participating in a data
project allowing trip planning thraugh GoQg[e Maps. This is at na cast#a the Town and
will be coming soan.
PR�JECT UPDATES: ENGINEERI�IG (Enarneerina Manaper�avid Hook]
Fatl River Trail Exter+sion:
The contra�tors are in town and have started staking and cfearing along the alignment
mo�ing eastward.
2�20 5treef�m�rovemerrt Proaram (STIP}:
Bath the chip seal program for 2�2D and the crack seal program for 2D2D are currently
Page 24
Transpvrtativn Ad�isory Board—July 15, 202D—Page 2
in the works and should be completed by next week.
3�d Street Traffic Calrr�inp:
A neighborhood meeting wi€I be held tonight. The firs#test of traffic calming will be to
close 3`� Street to through tra�c. Some cars have pulled anto the sidewalk to aUow
more room for two-way traffi�an the road. The test will start July 22, 2020. Another
neighborhood meeting will be held August 26 ta discuss the results of the testing. The
Water�i�ision will be perForming work in the area in September which may aliow the
opportunity for a potential street rebuild.
DE-SRIEF "STAY HEALTHY STREETS"
Chair Morris reminded the TAB that per direction in May regarding 5tay�€ealthy Streets
�SHS}, a plan was created. There was much concern o�er the idea af what would occur
in the dawntown core. Some merchants expressed �ancerns regarding adequate
access to t�eir�usinesses during the pandemic. Morris campifed a list of the feedback
on the 5HS Plan and sent the SWOT analysis to TAfi memhers East night. Curious
about t�oughts fram mem�ers about next steps.
Merr�ber Hanick informed the grou�that there is a significant amount of news an
Facebook about the tawns surrounding nationa[ parks and how safe they are. Nlember
Wilcocks stated that it is a negati�e for husinesses to nof be a masi�ed comrnunity.
Many peop€e will not shop, ❑r even �ome downtown, due to the numbers of individua€s
downtown that choose not ta wear a face�a�ering, and witho�t the SH5 pian there is
na social distancfng abilEty. This sends a message that we are clearly not safe as an
unmasked community. Wilcocks recommends Clea�e Street as an open road, so�ial
distancing praposa�. Member Gamhle agrees that the downtown layout is not ideai but
there is no�iabEe alternative at this time but there may�e a future�for this after the�E
Loop is constructed. Member Moufton recommended perfarming the SHS test during
the off-peal�season.
A motion was made ta have TAS write a letter of support fo#he Tawrs Poard stating that,
from a Transportation perspecti�e, if should be made mandatory that face coverings be
worn aiong the dawntown sidewafks as well as inside estabfishments. Fi�e members
were in fa�or,two were oppased and one member a�stained.
Hanick reminded the group tha#this letter isn't just for the tourists as we need to make it
a safe�ealthy place for residents as well,
Morris requested thaughts from TAB on a potentiai 5H5 pilot test in Dctoher. Memher
GarrEble asked Town Board Liaison Carlie Bangs, how far out from pilot would the Town
Board need TAB's input. 6angs stated that the idea was not to ha�e a pifot in the peak
season. Bangs suggested that, rather than a formal recornmendation, stafF caming ha�k
to the Town BQard for discussian. ❑lrectar Muhonen reminded the graup tha#the cost of
barricades has to be conquered. If looking at an October pilot there may be potential ta
utilize barricades fram the City of Lo�efand. Another option is to explare grant
opportunities. Prior to starting anything like this, Muhonen would like direcfion from the
Tawn Board. MuhQnen requested TAB thoughts by the end of August.
Moutlon made a motion to draft a letter for an operational test for forward-looking
implementation of SH5 and Member Hanick seconded.All were in favor.
Trustee 6angs thanked the group for meeting and#he discussions. Muhonen reminded
the group that Chair Morris and Ca-Chair Street put tremendous effart into the SHS
planning pro�ess.
There being no further husiness, Chair MQrris adjourned the meeting at 2:�� p.m.
Megan Van Hoazer, Recording 5ecretary
Page 25
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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: September 8, 2020
RE: Family Advisory Board Appointment
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
To consider the recommended appointment to the Family Advisory Board.
Present Situation:
Updated Family Advisory Board bylaws were approved by the Town Board on April 23,
2019 to change the membership requirements to 7-10 members, currently the board has
8 members. The Town Clerk's office received a request to consider the appointment of
the newly hired from the Estes Valley Investment in Childhood Success (EVICS) Director
Chris Douglas. The bylaws state in appointing the membership of the Family Advisory
Board, the Town Board will consider membership representation for key organizations
such as EVICS, the Housing Authority, the School District, and Families for Estes
(IV.C.2.)
Proposal:
Staff reviewed the appointment of the new EVICS Director with the current Board liaison
Trustee Younglund who agreed to bring the appointment forward for the Board's
consideration. The former EVICS Director Nancy Almond would remain a member of
the FAB with a term expiring in April 2021. This would ensure the current EVICS staff
has representation on the FAB, and would maintain the membership levels outlined in
the bylaws with 9 members. Staff would recommend foregoing the interview process
and appoint Chris Douglas.
Advantaqes:
Appointing one member would bring new perspectives to the current board.
Disadvantaqes:
If the appointment is not made, staff representation from EVICS would not be present
on the board.
Page 27
Action Recommended:
Appoint Chris Douglas to a term expiring April 30, 2023.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move approve/deny the appointment of Chris Douglas to the Family Advisory Board
for a term expiring April 30, 2023.
Attachments:
None.
Page 28
i
Y
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Date: September 8, 2020
RE: RESOLUTION 55-20 Purchase Contract for the Thumb Open Space
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Present the Purchase Contract for the Thumb Open Space acquisition.
Present Situation:
On December 10, 2019, the Town Board approved the GOCO grant application for
financial assistance to purchase land that is known as the Thumb Open Space. This
application was awarded to the Town on March 12, 2020. On April 28, 2020 the Town
Board voted to approve Resolution 24-20, the GOCO Grant Agreement for the Thumb
Open Space Grant Agreement.
Proposal:
Approve the Purchase Contract for the Thumb Open Space and allow staff to continue
with the GOCO Land Acquisition process.
Advantaqes:
• Approval will allow staff to finalize the GOCO Due Diligence Checklist and complete
the purchase of the Thumb Open Space.
• Approving this Purchase Contract comes with significant support from other
organizations including the Estes Valley Land Trust, The Access Fund and Rocky
Mountain Conservancy.
• There are many advantages for the Town acquiring and managing this land that
were outlined in the grant application presentation to the Board.
Page 29
Disadvantaqes:
• The GOCO Grant requires a cost share and there will be continued costs for the
management plan and future land maintenance.
Action Recommended:
Public Works staff seeks approval/denial of this Purchase Contract to continue the
acquisition process for the Thumb Open Space.
Finance/Resource Impact:
The anticipated costs of this acquisition and ongoing ownership were presented to the
Board with the proposed grant application. The Town contribution to the land acquisition
is proposed to be paid with Larimer County Open Lands funds ($171,700.00) and state
lottery Conservation Trust Funds ($70,000). Additionally, General Fund dollars
(approximately $6,900 from Streets and Parks Division operations) are proposed for
initial trailhead improvements. Costs for a management plan, parking lot enhancements,
signage and other items identified in a future management plan are not included and will
be identified and budgeted in the future. Ongoing maintenance expenses for the trails
are estimated to range from $1000 to $4500 (based on current assumptions), and will
be addressed in the annual budgeting process. The terms of a future management plan
may require additional funding from the Town.
Level of Public Interest
The level of interest from the neighboring property owners is high while the known
public interest from the broader community is moderate.
Sample Motion:
I move for the approval/denial of Resolution 55-20.
Attachments:
1. Resolution 55-20
2. Purchase Contract
3. GOCO Grant Agreement for the Thumb Open Space
4. GOCO Land Acquisitions Guidelines including the GOCO Due Diligence
Checklist
5. Thumb Open Space Grant Application, includinq proposed budqet for reveiw link
Page 30
Attachment 1
RESOLUTION 55-20
A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE
WITH PROSPECT MOUNTAIN, LLC, FOR THE PURCHASE OF THE THUMB OPEN
SPACE PROPERTY
WHEREAS, the Town desires to purchase the Thumb Open Space property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. 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.
The Board authorizes the Town Administrator or his designee to approve all further
documents and ancillary agreements as may be necessary to complete the purchase and
sale.
Section 2. The Board repeals all resolutions or parts of resolutions in conflict
with this resolution, but only to the extent of such inconsistency.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page 31
Attachment 2
_�
' PROS�ECT MOUNTAIN, LLC
, CONT.RACT TO BUY AND SELL REAL ESTATE
� CONTENTS
� 1. S.ELLER DEFINED......................................�.......................................,...................,,...,........... !
2. P.ROPERTY..................................................�............................................................................ 1
3. PURCHASE AND SALE................................................. ....................................................... 2
4. PRICE..........................................................................................:............................................ 2
� 5. CLOSING.................................................................................................................................2
�� 6. T1TLE INSUR.ANCE....................................................................:........................................... 2
7. T1TLE AND EXCEPTfONS.................................:....:............................................................. 3
S. ENCUMBRANCES.................................................................................................................. 3
� 9. CLOSING ADJUSTMENTS.................................................................................................... 3
� 14. POSSESSIQN................................................... ......................................................................4
11. DE�AULT..............................................................................................................................:4
12. SELLER'S WARRANTIES.................................................................................................... 4
� ]3. POLLUTI�N..................................................................:........................................................6
14. INDEMN�F1CAT.1 ON.......................................................:......................................................6
� 1 S. CASUALTY............................................................................................................................ 7
16. TERMiNATION...................................................................................................................... 7
17. R.EAL£STATE COMMISSION................................................�............................................. 7
78. PROPERTY TO REMAIN UNENCUMBERED.................................................................... 7
19. CONTRACT TO SU.RVIVE CL�SING................................................................................. 7
20. ADDITIONAL DOCUMENTS...............................................................................................7
� 21. GOV.ERNING LAW................................................................................................................ 7
22. CONSTRUCTION....................:.............................................................................................. 7
23. iNSPECT.ION .......................................................................................................................... 8
24. APP.RAISAL............................................................................................................................ 8
25. SUQDiVIS10N....................................:................................... .................................,............ 8
26. SELLER'S WARRANTIES SUBJECT TO PURCHASER`S ACTIONS............................... S
27. ADDITIONAL PROVISI�NS.............................. $
� �
i
� ! � SELLER DEFiNED. As used in this Contract, the term, Seller, includes,jointly and
���
severally, every person narrsed below as a Seller. Singular references to Seller include th�plural
i and plural references to Sellers include each individual Seller.
, 2 PROPERTY. T�e Property subject to this Contract is defined as the following described
real estate in fhe Caunty of Larim�r, Calorado, to wit:
Lot 13, Prospect Highlands Subdivision, a portion of Tract A, Prospect Estates
k �ddition to the Town af Estes Fark, Larimer County, Colorado, aeeording to the
t plat thereaf filed in t�e pffice ofthe Larimer County Recorder of Deeds on
t
i
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�
I
February 24, 1998, under Reception Number 98013581, also referred to as
assessor's parcel number 3536425013; and
Outlots A, B, C, Prospect Highlands Subdivision,a portion of Tract A, Prospect
Estates addition to the Town of Estes Park, all located in the SE '/4 of Section 36,
Township 5 N, Range 73 West of the 6`h P.M., County of Larimer, State of
Colorado, also referred to as assessor's parcel numbers 3536426001, 3536426002
and 3536427003; and
Outlot C, Prospect Mountain Subdivision, a P.U.D., First Filing, a portion of
Tract A, Prospect Estates Addition to the Town of Estes Park, County of Larimer,
State of Colorado,also referred to as assessor's parcel number 3536408003.
together with all easements and rights of way appurtenant to the Property, and all improvements
on the Property; together with:
any water, water rights,ditches and ditch rights, including shares in water and ditch companies
appurtenant to or used in connection with the Property;
together with any minerals of whatever kind or character in,under, and upon or that might be
produced from the Property(including any rights and royalties under any mineral leases).
3 PURCHASE AND SALE. Subject to the following provisions, the Town of Estes Park,
Colorado, a municipal corporation, (Purchaser), agrees to buy,and Seller agrees to sell, the
Property on the terms and conditions stated in this Contract.
4 PR10E. The purchase price shall be $600,000.00, payable by Town of Estes Park check
at closing.
4.1 The price includes payment for the following personal property:
None.
5 CLOSING. The parties shall close this Contract on December is`, 2020 or another date to
which the parties may agree. Purchaser shall set the hour and place of closing. Closing agent
shall place the earnest money and part payment in an interest-bearing escrow or trustee account
and shall pay the interest to Seller. Except as otherwise agreed,the Purchaser shall pay any
closing or escrow costs or fees, including costs of drafting the deed of conveyance, documentary
stamps and recordation.
6 TITLE 1NSURANCE. At least twenty (20) days before closing, Purchaser shall secure,
from a title insurer of Purchaser's choosing,and at Purchaser's sole expense (including any
necessary surveying expenses), a current ALTA owner's title insurance commitment for the
Property,accompanied by copies of all instruments and documents identified as creating
2
Page 32a
insurance exceptions(Title Documents), and a current Treasurer's Certificate of Taxes due on the
Property. The title insurer shall commit to delete from the policy its standard printed insurance
exceptions concerning interests or claims not of record; easements or encumbrances not of
record; unpatented mining claims, reservations or exceptions; liens for labor, service, or
materials not of record; details reflected by a survey and inspection of the Property; and defects
or encumbrances created or appearing of record after the title insurance commitment. Purchaser
shall give Seller written notice of unmerchantable title or of any other unsatisfactory title
condition shown by any new, revised or updated title insurance commitment or Title Documents
within 10 days after receiving the title insurance commitment and any referenced Title
Document, or by the closing date.
6.1 RIGHT TO CURE. If Purchaser gives notice of unmerchantable title or any other
unsatisfactory title conditi�n as provided above, Purchaser, at Purchaser's sole option,
may either terminate this Contract or require Seller to use reasonable efforts to correct
said unsatisfactory title condition(s) before the closing date. If Seller, after notice that
Purchaser requires it, fails to cure unsatisfactory title condition(s) by the closing date, this
Contract shall terminate, unless Seller receives Purchaser's written notice, by the closing
date, that Purchaser waives its objection, and elects to close this Contract. If Purchaser
terminates this Contract under this paragraph, Seller and closing agent shall promptly
refund all amounts paid by Purchaser toward the Purchase price, and the parties shall
have no further obligation or liability to each other. Purchaser may, at its sole option and
its sole expense, either purchase or decline the title insurance under this paragraph.
7 TITLE AND EXCEPTIONS. Except as stated in this Contract, Title shall be good and
merchantable in Seller. Subject to Purchaser's payment or tender, as above provided, and
Purchaser's compliance with the other terms of this Contract, Seller shall execute and deliver to
Purchaser a good and sufficient general warranty deed, in a form acceptable to the Purchaser by
the closing date, conveying the Property free and clear of all taxes and liens (including liens for
special improvements installed as of the date of Purchaser's signature on this Contract, whether
assessed or not) and other encumbrances, but subject to applicable building and zoning
regulations.
8 ENCUMBRANCES. Closing agent may use the proceeds of this transaction or any other
of Seller's funds to remove any encumbrance not permitted by this Contract at closing.
However, if the total obligations secured by liens or encumbrances exceed the purchase price,
then this Contract, at the election of Purchaser, shall become void and of no effect. Such election
shall release each party from their respective obligations to buy and sell, and Seller and closing
agent shall return to Purchaser all payments and other things of value given under this Contract.
9 CLOSING ADJUSTMENTS. The closing agent shall apportion general taxes for the
year of closing(based on the most recent levy and the most recent assessment)to date of
delivery of deed. Closing agent shall deduct from Seller's funds, and pay to the County Treasurer
under C.R.S. 39-3-132, Seller's prorated share, based on the prior year's taxes. The proration
3 Page 32b
I
�
� shall be a f nal settlement of taxes. Purchaser shall be responsible for any sales and use tax#hat
` may accrue because of this transaction. • .
' .
10 POSSESSION. Purchaser shall�take.possession of the Aroperty upon closing.
• 11 DEFAULT. Time is of the essence. lf any note or check given as eamest money or any
other payment due under this�Contract is not paid, honored or tendered when due, or if any party
fails to perform any other obligatian under this Contract, the parties shal] have the following
remedies: � � . �
11.1 IF PURCHASER DEFAULTS, then Purchaser shali forfeit to Seller all payments
and things af value given�inder this Gontract, including interest accrued on the escrowed
earnest money�and part payment;and both parties shall then:be.released from al� further
obligations under this Contract.� Such payments and�things of value forfeited are
LiQUIDATED DAMAGES and�not a penalty and, except as this Contract otherwise
expressfy states, are Seller's SOLE AND ONLY REMEDY for the Purchaser's failure to
perform under t}�is Contract, Seller expressly WAIVES THE REMEDIES Or SPECIFIC
' PERFORMANCE AND ADDITIONAL DAMAGES.
_ - , . . �
11.2 IF SELLER DEFAULTS, Purchaser may, in its sole discretion: (1) treat this
� Cantract as terminated, in which case Seller and c�osing agent shall return a11 payments
; and things of value given hereu�der(including>interest accrued on the escrowed earnest
� money and part pay�ner�t) to Purchaser and Purchaser may pursue and recover such
� damages as may be proper; {2) treat�this Contract.as in�full farc�and effect, in which case
Purchaser shall have the right to specific performance or damages, or bath; or(3) begin
. eminent,domain proceedings and claim fuli credit against any just compensation award
for any payments or things of value given under this Contract. jf the Purchaser pursues
eminent darinain, this Contract shall conclusi�ely establish good faith negotiatians
between the parties,.and Aurchaser's inability to obtain�the Property through such good
. faith ne�otiations. The entire just compensation far taking the subject property, including
any damages to any remainder of Seller's property, shall be the purchase price in this
Contract and, upon d�posit of that price, Purchaser shall have immediate possession of
the �roperty. , . �
� ,. . •
� 12 SELLER'S WARRANTIES. Except as this Contract otherwise expressly states, Seller
represents and warrants, as of SelFer's signature, and as of the closing date, that the following are
+ true and correct: ' �
{
� 12.1 AUTHORITY. Seller has the full right, power and authority to transfer and
' convey the Property, as provided in this Contract, ,and to-carry out Seller's obligations
� under this Contract and Seller,sif not a natural person, is a corporation,partnershi�,
� limited partnership, limited liability company or other entity validly existing and in good
• standing under the laws of the State of Colorado, and that Seller's signature below is fully
authorized anci binding upon Seller;
4
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_. — _ � • r r 'F ' R r _. .— � _. _— r� a . - } �' ' — " . _. ,
12.2 CONTRACT NOT PROHIBITED. Neither the execution of this Contract nor its
consummation constitutes , or will result in, any br�ach of any af the terms, conditions or
provisions of, or is a default under, any indenture, charter, bylaw, mortgage, loan
agreement, lien, lease, license,judgment, decree, order, instrument or other verbai or
written agreement, covenant or restriction to which Seller is a party or is subject or to
which the Property is subject;
12.3 TITLE. Seller has good and merchantabie title to the Property and all the assets,
properties, rights and interests pertaining to tt�e Property, free and clear of all liens and
encumbrances, except as provided herein, and there exist no restrictions on the right of
Seller to transfer the Property and to convey good title to Purchaser according to this
Contract;
12.4 DQCUMENTS. Every document, schedule, item and other infarma�ion Seller has
delivered or will deliver or make available to the Purchaser for inspection under this
Contract will be true, accurate and correct;
i2.5 NQ SPECIAL ASSESSMENTS. No spec�al assessments now burden or
encumber the Praperty and Seller knows of no special assessments currentty proposec3 for
the Praperty;
12.6 NO LEASES. Except as provided in tY�is Contract, na leases, tenancies or rentai
agreements cover any part of the Property, or Seller will lawfuiiy terminate any such
arrangements before the cIosing date provided in Ehis Contract;
12.7 NO EASEMENTS. Seller has not gran�eef or created, and has no knowledge of
any third par�ies who may have the right to claim or assert any easerttent, right-of-way or
claim of possession not shawrt of record, wh�ther by grant,prescription, adverse
possession or otherwise, as to any part of the Property;
12.$ NO LITIGATION. There is no litigation pending (or to Seller's knowledge
threatened) against or concerning any part of the Property; nor does Seller know of or
have reasonable grounds to know of any basis for any such action;
12.9 NO CONDEMNATION. Seller has no knowledge of any pending ar threatened
condemnation or eminent domain proceeding concerning any part of the Property, except
by Purchaser;
12.I0 NO VIOLATIONS OF LAW. Seller has recei�ed no notice of, and to the best of
Seller's knowledge, there are no violations of any laws, orders, regulations or
reguirements of any governmenta� autharity affecting any part of the Prop�rty;
5 Page 34
12.11 NO COVENANT VIOLATI4NS. Seller has received no notice of default or
breach under any covenant, condition,restriction,right-of-way or easement affecting any
portion af the Property; no such default or breach r�ow exists or will exist on the date of
closing; and no event has occurred and is continuing which,with or withaut notice or the
passage of tirne, will constitute such a default or breach.
13 POLLUTION. Seller warrants as follows:
13.1 NO LANDFILL. No part of the Property has ever been used as a land fill, and no
materials ha�e ever been stored or deposited upon the Property that would, under any
applicable governmental law or regulation require treatment of the Praperty ar remova] of
materials from the Property before use of the Praperty for any otherwise lawful purpose;
l 3.2 NO POLLUTION. (i}the Property is not contaminated with any hazardous
substance; {ii} Seller has not caused and will not cause, and to the best of SelIer's
knowledge, there has never accurred, the release of any hazardous substancE on the
Property; (iii)the Property is nat subject to any federal, state or local "superfund" lien,
proceedings, claim, liability or action, or the threat or likelihood thereof, for the cleanup,
removal, or remediation of any such hazardous substance; (iv)there is tto asbestos on the
Property,the Property coinplies with the requirements of the Occupational Health and
Safety Administration of the U.S. Department of Labor{OSHA) asbestos standards, and
Seller will, at least twenty days before closing,provide Purchaser al� records the OSHA
asbestos standards (29 C.F.R. Parts 1910, 1915, and 1926) require; {v)there is no
underground storage tank on tne Property; (vi) by acquiring the Property,Purchaser will
not incur ar be subject ta any "superfund' liability for the cleanup, removal or
remediation of any hazardous substance from the Property or any liability, cast, or
expense for the removal of any asbestos or underground storage tank from the Property.
The terms "hazardous substance", "re�ease" and"removal" shall have the same meaning
and defnitions as in 42 U.S.C. Section 9601;provided, however,that the tertn
"hazardpus substance" as used herein also shall include"hazardous waste", as defined in
42 U.S.C. Section 6903 and "Petroleum", as defined in 42 U.S.C. 6991. The term
"superfund" means the Comprehensive Environment Response, Compensation and
Liability Act, as amended, 42 U.S.C. Sec#ion 9601, et seq., as amended, and any similar
state statute or local ordinance applicable to the Property, and all rules and reguIations
prom�lgated, administered or enfarced by any governme�tal agency or authority. The
term "underground starage tank" shall have the same meaning and definitions as in 42
U.S.C. section 6991.
14 INDEMNIFICATION. Seller will indemnify, defend, and hold Purchaser harmless from
and against all claims, demands, liabilities, damages, suits, actions,judgments, fines,penalties,
lasses and expenses (including, without limitation, attorney fees)arising or resulting (directly or
indirectly) from the untruth or inaecuracy ofany representations or warranties or the b�each of
any co�enants or warranties.
6 Page 35
15 CASUALTY. In case of substantial damage to tne Property by fire, flood or casuaIty
between the date of this Contract and the date of closing, Purchaser may declare this Contract
void and of no further force ar effect; and the parties to this Contract shall be released from all
obligations under this Contract; and Seller and closing ager�t shall refund to Purchaser the fuli
amount paid ta Seller.
16 TERMINATIQN. Besides all ather rights and remedies of the Purchaser and Seller, as
stated in this Contract, Purchaser shali have the right to terminate this Contract, if any
representations ar warranties of Seller stated in this Cantract are not true and correct as of the
closing date.
17 REAL ESTATE C�MMISSION. Purchaser shall incur no real estate commission due
upon ciosing, or as a condition of closing.
18 PROPERTY TO REMAIN UNENCUMBERED. Seller wili not, while this Contract is
effective, encumber ar burden any part af the Property.
19 CONT.RACT TO SURVIVE CLOSING. Except such of the terms, conditions, covenants
and agreernents under this Contract which are, by their very nature, fully and complete(y
perfarmed upan the closing of the purchase and sale, all of th�terms, conditions, representations,
warranties, covenants and agreements stated in this Contract shall survive the c[osing and shall
continue, after closing, to be binding upon and inure to the benefit of the parties, their heirs,
successors and assigns.
20 ADDITI4NAL DOCUMENTS. The parties agree to execute any additional documents
necessary to carry o�t the purposes of this Co�tract, consistent with its terms, including but not
limited to assigr�ments af alI rents and royalties under any existing mineral or other leases. In
additior�,for any lease permitted under this Contract, Seller will furnish Purchaser, before
closing, with estoppel certificates from each tenant, verifying the terms of the lease,that the lease
is in good standing, and that neither party to the lease is in default.
21 G4VERNING LAW. The law of the State of Colorado shall govern interpretation,
construction and enforcenaent of this Contract. Venue shall lie only in Larimer County,
Colorado.
22 CONSTRUCTION. In this Contract, wards of the masculine gender include the feminine
and neuter gender and words of the neuter gender refer to any gender. Words �n the singuIar
include the plural and vice versa. This Contract shall be canstrued accarding to its fair meaning,
as if prepared by both parties, and not in favor of or against either party. This document and any
other documents incorporated by reference contain the entire understanding and agreernent
between the parties. There are no other terms, conditions, promises, understandings, statements
ar representations, expressed or implied, concerr�ing the subject of this Contract unless stated in
writing and si�ned by both parties.
� Page 36
23 INSPECTION. The Purchaser or any person I'urchaser designates may make inspections
of the physical condition ofthe Property and the impro�vements, at Purchaser's expense. Such
inspections may include, but are not limited to, inspections for appraisal and compliance with
environmental protection,pollution or land use laws, ordinances, rules, and reguiations and for
the disposal or existence, in or on the Property, of any pollution or hazardous substance. Such
inspections may include rEasonable sub-surface boring and excavation. If Purchaser gives
written notice of unsatisfactory conditian of the physical condition af the Property and any
improvements, as determined in Purchaser's sole discretion, by five days before closing, Seller
shall either cure such conditians, or this Contract sha�l then terminate. Upon such termination,
Seller and closing agent shall return to Purchaser all payments and things of value received
hereunder by Seller, including interes�accrued on the escrowed earnest money and part payment.
Purchaser is responsik�le and shall pay for any physical damage to the Property and the
improvernents as a result of such inspections.
24 APPRAISAL. Purchaser shall have the so�e aption and election to terminate this
Contract if the purchase price exceeds the �'roperty's valuation, as determined by an appraiser
engaged by Purchaser. This Contract shall terminate if Purchaser causes Seller to receive written
notice of termination and either a copy of such appraisal or a written statement from the
appraiser confirming valuation less than the purchase price by the closing date. In case of
termination under this paragraph, Seller and any closing agent shalj promptly return to Purchaser
all payments and things of value given under this Contract. .
25 SUBDIVISIDN. Purchaser shall seek and obtain, before closing, any subdivision
exemptions or other government approvals necessary for legal conveyance, according to this
ContracE and shall record the approved subdivisian plat or other approval documents according
to ]aw. Seller shall,at no additiona� expense to Sel�er, cooperate with the Purchaser in securing
such approvals, including,without limitatian, timely signing all applications, submittals, maps,
plats, �eeds nr other documents requiring Seller's signature. Purchaser may, at its sole option,
postpone the closing date specified above up to one hundred and eighty days after the date of ihe
last signature to this Contract, to obtain any such necessary exemptions or approvals. If it has
not secured necessary exemptions or approvals within that time, PurcY�aser may either terrninate
this Contract, or institute emineni domain for the Froperty and obtain a court order, claiming a
credit against any compe�sation award for any payments or things of value given under this
Contract.
2b SELLER'S WARRANTIES SUBJECT TO PURCHASER'S ACTIONS. Seller's
warranties are subject to any encumbrances, restrictions, and rights�o possession or exceptions
to title created by Purchaser.
27 ADDITIONAL PROVISIONS.NONE.
Signature pages to follow.
8 Page 37
Dated this day of 202a.
TOWN OF ESTES PARK, COLORADO
Mayor '�
ATTEST:
Town Clerk
APPR4VED AS T4 FORM:
Town Attorney
�:- �.,,�;.,,,�,_ ...rr,.Y,- -- �_-�,
� :� =��':.`;,;a::F�'.... s}� 1- • �'
� - -. _, :�;-__. � -_ " _ .�
9 Page 38
SELLER
Prospect Mountain, LLC
7Y .�h/
Cy ia A. Curry, Membe�
Seller's mailing address: 2501 N St, #101,Lincoln,NE 68510
Seller's social security or other tax iD #: SS-0707925
ACKNOWLEDGMENT
State af �)
t ) 55:
County
The foregoing instrument was acknowledged before rrie by Cvnthia A. Currv, a�ember �
� ��
on behalf of Prosnect Mo�ntain. LLC. a Nebraska limited liability carripany, this day of
�,�'�� . zo2a.
� U
Wimess my hand and official Seal.
M Commission ex ires /�Ul�►`LY �� , ��1—'�
Y p . i
. LJ .
�
�GEIIEML IiOTARY•Stab of NebrasW Not�y ublic �
8q@iCiA M WOOOARD
�Ay Corran,E�.�M+ns 20.2025
�� Page 39
Attachment 3
GRANT AGREEMENT
Project Name: Thumb Open Space
Project Completion Date: March 12, 2022
Great Outdoors Colorado
Contract No.: 20044
PARTIES TO AGREEMENT
Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1900 Grant Street, Suite 725
Denver, CO 80203
Telephone: (303) 226-4521
Contact name: Courtney Bennett
Grantee: Town of Estes Park, Parks Division
Address: 170 MacGregor Avenue, Estes Park 80517
Contact name: Travis Machalek
Telephone: 970-577-3705
Partner: Estes Valley Land Trust
Address: 1191 Woodstock Drive #5
Contact name: Jeffrey Boring
Telephone: 970-577-6837
Date: September 2, 2020
EXHIBITS
Exhibit A Project Summary
Exhibit B Resolution
Exhibit C Approved Budget
Exhibit D GOCO Due Diligence Checklist for Local Government Land Acquisitions—
Closing
Page l of 16
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Page 40
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or`Board") is a
political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which article appropriates a
portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those
proceeds in the state's parks, wildlife, open space, and recreational resources.
B. In 1994, GOCO created a statewide grant program pursuant to which eligible entities
could apply for grants for local government parks and outdoor recreation projects. Grantee listed
above ("Grantee") submitted a detailed project application ("Project Application") that
contemplates the acquisition of that certain real property described in the Project Application
("Property"). GOCO approved Grantee's Project Application, which is incorporated into this
Agreement by reference, on March 1, 2020, as described in GOCO's project summary ("Project
Summary"), attached and incorporated as Exhibit A, subject to the execution of a detailed grant
agreement. GOCO and Grantee each have on file a copy of the Project Application. The
acquisition described in the Project Application and Project Summary is referred to as the
"Proj ect."
C. The parties intend this agreement to be the detailed grant agreement required by GOCO
("Agreement").
AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
SECTION 1 —PROJECT
1. Incort�oration of Recitals. The Recitals set forth above are incorporated into this
Agreement.
2. Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in
accordance with the laws of Colarado and has full and lawful authority to enter into, and comply
with the terms of, this Agreement. Grantee's governing body has authorized entering into this
Agreement as evidenced by the resolution attached and incorporated as Exhibit B.
3. Grant and Proiect. GOCO awards to Grantee a grant in the amount not to exceed
$350,000.00 ("Grant"), subject to the terms and conditions set forth in this Agreement. The
Grant shall be used by Grantee solely to complete the Project as approved by GOCO. In the
event of a conflict between the Project Application and the Project Summary, the parties shall
resolve the conflict by mutual agreement.
Page 2 of 16
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Page 41
4. Proiect Scone. Grantee shall not materially modify the Project without the prior written
approval of the Executive Director of GOCO ("Executive Director") or the Executive Director's
designee, such approval to be in GOCO's sole discretion. Any material modification to the
Project undertaken without GOCO's prior written consent may be deemed a breach of this
Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee
determines with reasonable probability that the Project will not or cannot be completed as
approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to
seek a resolution before any funds are advanced.
5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely
fashion and consistent with this Agreement and GOCO's approvals related to the Project.
6. Approved Bud�et. Grantee has completed a detailed budget that reflects all anticipated
sources and uses of funds for the Project, including a detailed accounting of Grantee's
anticipated direct costs associated with the Project, a copy of which is attached and incorporated
as Exhibit C (`Budget"). Eligible costs are described in Paragraph 11 of this Agreement. The
Project Application contains a budget that may not match the approved version attached as
Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee. Where
discrepancies exist, the approved Budget in Exhibit C shall control until such time as GOCO
approves the final version.
7. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion
may waive certain conditions set forth in this Agreement. Anything else to the contrary
notwithstanding, the exercise by GOCO staff("Staff'), the Executive Director, or GOCO of any
right ar discretion reserved to them under this Agreement shall not be deemed a waiver.
Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other
requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing
waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in
writing executed by them. Additionally, any failure by the Staff, the Executive Directar, or
GOCO to take any actions as set forth in this Agreement shall have no legal effect on the
contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or
Agreement shall constitute a waiver in any other GOCO-funded project.
8. Property and Proiect Operation and Maintenance.
A. Following Grantee's acquisition of the Property, Grantee shall continue to own
and manage the Property for the purposes specified in the Project Application and Project
Summary.
B. GOCO shall not be liable for any cost of maintenance, management, ar operation
of the Project or the Property.
Page 3 of 16
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Page 42
C. Within 60 days of a reasonable request by the Board, Grantee will provide the
Board with adequate records reflecting the operating and maintenance costs of the Project and
provide the Board with such other information concerning the use of the Project by the public
and the impact of the Project.
9. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable
public access to the Project indefinitely. Grantee may temporarily close such public access for
construction, maintenance, emergency situations, or other reasonable purposes.
10. Future Fundin�. This Agreement and the Grant only apply to the purchase of the Property
specifically described in this Agreement. GOCO makes no representations regarding future
funding for future phases of the Project or any other properties, whether or not described in the
Project Application, Project Summary, or otherwise.
SECTION 2—GRANT PAYMENT
11. Eli�ible Costs. The following costs are eligible for reimbursement:
A. Purchase. The purchase price of the Property described in the Project Application
and Project Summary, which may not exceed the fair market value as established by an
appraisal.
B. Direct Costs. Costs directly associated with producing due diligence documents
needed for closing the transaction on the Project, including but not limited to expenses for a title
policy (including endorsements and other title company charges); an appraisal; Grantee's
contract or "outside" attorneys' fees; an environmental hazards assessment; development of a
management plan; a survey, if needed; and a geologist's mineral assessment, if needed.
12. Pavment of Grant.
A. Payment of the Grant is subject to the Project being completed with no material
modifications made, except as otherwise agreed to in advance by GOCO in accordance with this
Agreement. The Grant will not be increased,but GOCO may reduce the Grant if the Project
changes in any way that GOCO deems material. "Material modifications" may include, but are
not necessarily limited to, acquisition of a different property from that presented in the Project
Application; a reduction in acreage,purchase price, fair market value, or the total cost of the
Project unless GOCO approves adding ar substituting elements to the overall Project; or any
other variance from the Project as presented in the Project Application. It is the sole
responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO
strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to
make any such modifications, however seemingly minor, to the Project.
B. GOCO will release Grant funds in portions if the Project is completed in phases
(i.e., more than one transaction), according to GOCO's determination of how the proportionate
acreage, Project cost, and value relates to the overall Project and Grant.
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C. Payment of the Grant is also subject to GOCO's determination in its sole
discretion that it has received and has available sufficient net lottery proceeds to fund the Grant.
In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and
circumstances as it deems necessary or desirable, including but not limited to adequate reserves,
funding requirements, and/or commitments for other past, current, and future grants, and past,
current, and future GOCO operating expenses and budgetary needs.
13. Withdrawal of GOCO Fundin�; Termination of A�reement. Anything in this Agreement
to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to
withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant,
and/or to terminate this Agreement if GOCO determines in its sole discretion that:
A. Altered Expectations. Facts have arisen or situations have occurred that
fundamentally alter the expectations of the parties or make the purposes for the Project or the
Grant as approved by GOCO infeasible or impractical;
B. Material Project Changes. Material changes in the scope or nature of the Project
have occurred from that which was presented in the Project Application, approved by GOCO and
reflected in the Project Summary, without prior written approval of the Executive Director;
C. Inaccuracies. Any statement or representation made or information provided by
Grantee in the Project Application, this Agreement, or the due diligence materials is untrue,
inaccurate, ar incomplete in any material respect;
D. Due Diligence. The results of GOCO's review of the due diligence are not
acceptable to GOCO;
E. Conditions P�ecedent Not Fu�lled or Unsatisfactory. Any of the conditions
precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to
GOCO, in its sole discretion;
F. Delays. The Project will not or cannot be completed by the Completion Date or
any extensions granted, ar delays in the implementation of the Project have occurred that make
the Project impracticable in the Board's judgment;
G. Costs. The Project will not or cannot be completed within the Budget or any
approved modifications, or the total Project cost and/or Grantee's matching funding are reduced;
or
H. Disposal of Property. Grantee disposes of the Property, or title to or
encumbrances against the Property are or become such that the Property is or becomes
unavailable for public use, in which event Grantee shall make a proportionate refund to GOCO.
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SECTION 3 —CONDITIONS PRECEDENT
14. Completion Date. Grantee shall complete acquisition of the Property no later than March
12, 2022 ("Completion Date"), which is two years after the date of GOCO's approval of the
Project. Grantee may request an extension of the Completion Date in compliance with GOCO's
Ove�due Grants procedure, as may be amended from time to time by GOCO in its sole
discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event
this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants
procedure.
15. Conditions Precedent to Fundin�. Grantee acknowledges that any acquisition of the
Property prior to fulfillment of the terms and conditions of this Agreement and the disbursement
of funds by GOCO is undertaken at Grantee's sole risk and may cause a forfeiture of the Grant.
Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is
expressly conditioned upon Grantee's fulfillment of all terms and conditions of this Agreement
to GOCO's satisfaction in its sole discretion, including but not limited to the following:
A. Matching Funds. Matching funds in the minimum amount required by GOCO
policy or procedure and as set forth in the approved Budget, or as modified and approved in
compliance with GOCO's procedure for Modifications to Acreage and/or Budget for Land
Acquisitions Prior to Closing, must have been received by Grantee, or the status of efforts to
secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall
provide evidence of matching funds as GOCO may require in its reasonable discretion.
B. Due Diligence. The Staff shall conduct a due diligence review of the Project, the
results of which must be satisfactory to GOCO in its sole discretion. Grantee shall assist and
cooperate with the Staff in conducting the due diligence review and shall provide the Staff with
the information or documentation specified in the GOCO Due Diligence Checklist for Local
Government Land Acquisitions— Closing("Due Diligence Checklist"), as well as other
documentation and/or information the Staff shall reasonably request. The Due Diligence
Checklist is attached and incorporated as Exhibit D and may be amended from time to time by
GOCO in its sole discretion. Grantee shall have the duty to update all such documentation and
information as necessary to reflect material changes from the date it is originally provided to
GOCO. In its sole discretion, GOCO may terminate this Agreement and the Grant if Grantee
fails to provide any information or documentation promptly when requested by Staff or as
outlined in the Due Diligence Checklist and further detailed in the instructions for GOCO's grant
application and the Land Acquisition Procedures, which are incorporated by reference and may
be amended from time to time by GOCO in its sole discretion. In addition, Grantee must submit,
where necessary, written evidence that all permits and approvals required far Project completion
under applicable local, state, and federal laws and regulations have been obtained, as well as any
and all material revisions to the Budget.
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SECTION 4—OTHER PROVISIONS
16. Publicitv and Proiect Information. GOCO has the right and must be provided the
opportunity to use information gained from the Project; therefore, Grantee shall acknowledge
GOCO funding in all news releases and other publicity issued by Grantee concerning the Project.
If any events are planned in relationship to the Project, GOCO shall be acknowledged as a
contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in
advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing
access to the Property for publicity purposes, and providing photos or other imagery of the
Project from time to time, which GOCO reserves the right to use and duplicate in any print or
electronic publication or platform for publicity, illustration, advertising, web content, and other
purposes at any time without the need to seek pre-approval from Grantee. Grantee shall give
timely notice of the Project, its inauguration, significance, and completion to the local members
of the Colorado General Assembly and members of the board of county commissioners of the
county or counties in which the Project is located, as well as to other appropriate public officials.
At no time shall Grantee represent in any manner to the public or to any party that it is affiliated
with GOCO or acting on behalf of GOCO.
17. Si�na�e. Grantee shall erect one or more signs at a prominent location(s) on the Property
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will
provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples
of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any
permanent sign materially varying from the signs provided by GOCO. To obtain such approval,
Grantee shall submit to GOCO plans describing the number, design, placement, and wording of
signs and placards prior to completion of the Project. The Board may withhold payment pending
evidence of placement of permanent signage.
18. Liabilitv.
A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and
shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any
and all liabilities, claims, demands, damages, or costs (including reasonable attorneys' fees)
resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee waives any and all rights to any type of express or
implied indemnity or right of contribution from the State of Colorado, GOCO, its members,
officers, agents, or employees for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
B. No CGIA Waiver. No term or condition of this Agreement shall be construed or
interpreted as a waiver, either express or implied, of any of the immunities,rights, benefits or
protections provided to GOCO under the Colorado Governmental Immunity Act as amended or
as may be amended in the future (including without limitation any amendments to such statute,
or under any similar statute that is subsequently enacted) ("CGIA"). This provision may apply to
Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for
injuries to persons or property arising out of the negligence of GOCO, its members, officials,
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agents, and employees may be controlled and/or limited by the provisions of the CGIA. The
parties agree that no provision of this Agreement shall be construed in such a manner as to
reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents,
and employees.
C. Compliance with Regulatory Requirements and Federal and State Mandates.
Grantee assumes responsibility for compliance with all regulatory requirements in all applicable
areas, including but not limited to nondiscrimination; worker safety; local labor preferences;
preferred vendor programs; equal employment opportunity; use of competitive bidding;permits;
approvals; local, state, and federal regulations and environmental laws; and other similar
requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend,
and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for
any failure to comply with any such applicable requirements.
D. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry,physical
handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state,
or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination. Further, Grantee and
anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting
access and use of the Project.
19. Audits and Accountin�Records. Grantee shall maintain standard financial accounts,
documents, and recards relating to the acquisition, use, management, operation, and maintenance
of the Property. Grantee shall retain the accounts, documents, and records related to acquisition
of the Property far five years following the date of disbursement by GOCO of the Grant funds,
and they shall be subject to examination and audit by GOCO or its designated agent during this
period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles),
Grantee shall use reasonable and appropriate accounting systems in maintaining the required
records under this Agreement.
20. Chan�e of Use. If Grantee, in its reasonable discretion, determines a need for a change in
use of the Property acquired with the Grant, Grantee shall notify GOCO in writing of its
determination and request a change of use review ("Change of Use Notice and Request"). GOCO
will review the Change of Use Notice and Request in accordance with GOCO's procedure for
Change of Use for Land Acquisition Projects After Closing, as may be amended from time to
time by GOCO in its sole discretion. Within 60 days after submitting the Change of Use Notice
and Request, Grantee shall submit to GOCO all documentation required under the procedure far
Change of Use for Land Acquisition Projects After Closing and any additional documentation
requested by GOCO as a result of its receipt and review of the Change of Use Notice and
Request. GOCO in its sole discretion will determine whether to grant, deny, condition GOCO's
approval, or delay a decision on the Change of Use Notice and Request.
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21. Breach. In addition to other remedies available at law or in equity, in the event that
Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the
following non-exclusive remedies:
A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding,
terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO
grants, loans, or projects.
B. After Any Payment of Grant. GOCO reserves the right to seek specific
performance of Grantee's obligations under this Agreement, receive reimbursement in full of any
disbursements made under the Grant, and/or deny Grantee eligibility for participation in future
GOCO grants, loans, or projects.
In the event GOCO must pursue any remedy under this Agreement and is the substantially
prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of
collection.
22. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures
referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and
procedures or otherwise has access to the documents in connection with this Agreement and is
familiar with their requirements.
23. Miscellaneous Provisions.
A. Good Faith. Both parties have an obligation of good faith, including the
obligation to make timely communication of information that may reasonably be believed to be
of interest to the other party.
B. Assignment. Grantee may not assign its rights or delegate its obligations under
this Agreement without the express written consent of the Executive Director, who has the sole
discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the
assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations
under this Agreement.
C. Applicable Law. Colarado law applies to the interpretation and enfarcement of
this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state
courts of the City and County of Denver.
D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture,partnership, employer/employee, or other relationship between the parties other than
independent contracting parties. Except as permitted under the remedies provisions of this
Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the
name of the other party.
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E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right
to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer,
employee, or agent of GOCO or the State of Colorado.
F. Time is of the Essence. Time is of the essence in this Agreement.
G. Survival. The terms and conditions of this Agreement, including but not limited to
Grantee's obligations, shall survive the funding of the Grant and the acquisition of, and any
future conveyance of, the Property by Grantee.
H. Fax and Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be an original, but all of which when taken together shall
constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement
made electronically and transmitted electronically or by facsimile as if they were original
signatures.
L Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this
Agreement is intended only to cover the relative rights and obligations between GOCO and
Grantee and that no third-party beneficiaries are intended.
J. Notice. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give the other shall be in writing and either served personally
ar sent by first class mail,postage prepaid, to the addresses shown on Page 1 of this Agreement.
K. Construction; Severability. Each party has reviewed this Agreement, and
therefore any rules of construction requiring that ambiguities be resolved against a particular
party shall not be applicable in the construction and interpretation of this Agreement. If any
provision in this Agreement is found to be ambiguous, an interpretation consistent with the
purpose of this Agreement that would render the provision valid shall be favared over any
interpretation that would render it invalid. If any provision of this Agreement is declared void or
unenforceable, it shall be deemed severed from this Agreement, and the balance of this
Agreement shall otherwise remain in full force and effect.
L. Entire Ag�eement. Except as expressly provided, this Agreement constitutes the
entire agreement of the parties. No oral understanding or agreement not incorparated in this
Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless
made in writing and signed by the parties to this Agreement.
M. Termination of the Board. If Article XXVII of the Colorado Constitution, which
established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another
entity, the rights and obligations of GOCO under this Agreement shall be assigned to and
assumed by such other entity as provided by law, but, in the absence of such direction, by the
Colorado Department of Natural Resources or its successor.
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IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of .
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND Town of Estes Park, Parks Division
By: By:
Chris Castilian Title:
Executive Director
GOCO Program Staff: *NOTE* Signee should be the same
Route Grant Agreement to individual authorized to sign the grant
Executive Director for signature: agreement per Grantee's resolution
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EXHIBIT A
Proj ect Summary
Rank: 11 Overall Score: 88.59 GOCO Staff Score: 85.5 Reviewer Average: 91.67
Applicant: Town of Estes Park, Parks Division
Project Title: Thumb Open Space
County: Larimer
Log#: 20044
Funding Summarv: Applicant Funding $248,600
Partner(s) Funding $100,587
GOCO Grant Amount $350,000
Total Project Cost $699,187
Prolect Description:
Since the 1940s, the Thumb and Needle, two iconic rock features in Estes Park, have been a favorite
rock climbing and hiking destination. These features are located on private properry and legal access
was never secured. In 2019, the landowner agreed to se1165 acres, including the Thumb and Needle, for
a public park. A bargain sale, $220,000 below FMV, has been negotiated and the applicant has a signed
letter of intent to purchase the property by June 2020.
Staff and Peer Reviewer Comments:
Over the years, social trails, or informal biking and walking trails,have been developed on the property.
Hikers and climbers are trespassing onto private property and illegal dumping and camping also occur
on the property. The project will enhance existing facilities, including doubling the length of the trail
system. The current trail has evolved over the years but was not professionally installed and is not
maintained. Repairs are needed to prevent erosion and improve hiker safety. Public ownership, frequent
patrolling, fencing, and signage will prevent these destructive activities from occurring.
The need for additional park space in Estes Park is clear. The town serves as a gateway to Rocky
Mountain National Park(RMNP) which is the third most visited national park and hosted 4.6 million
visitors in 2018. Parking at RNIl�TP trailheads is typically at capacity by 6:30 AM. In 2018, 702,255 cars
entered RMNP through the Beaver Meadows Entrance. That is up from 418,171 in 2013. In just five
years, the number of visitors to local hiking and climbing areas increased by 67%. Securing existing
hiking and climbing areas is needed to meet this growing demand.
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Implementation would happen quickly after closing on the fee title acquisition. All improvements are
planned for summer 2020 and a soft opening of the Thumb Open Space could be scheduled in late 2020.
The Town has agreed to improve the existing trailhead and install parking boulders to designate parking
spots and prevent parking in sensitive or dangerous areas. They will also work with the Planning
Committee to develop a trail kiosk and monument sign. The Access Fund(Boulder) and Rocky
Mountain Conservancy (Estes Park), two environmental non-profit organizations, have dedicated a total
of 11 weeks of their Youth Corps to repair existing trail and build new trail and climbing staging areas.
These crews are dedicated to the 2020 summer.
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EXHIBIT B
Resolution
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EXHIBIT C
Approved Budget
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EXHIBIT D
GOCO DUE DILIGENCE CHECKLIST FOR
LOCAL GOVERNMENT LAND ACQUISITIONS — CLOSING
This document applies only to projects to acquire land for a developetl parks and recreation purpose.
Please see GOCO's current Land Acquisition Procedures for a detailed description of these
documents and why GOCO requires them. (Note that GOCO does not require conservation easements
on land that will be used for a park and outdoor recreation purpose.)
These documents are required rip or to the disbursement of GOCO's funds:
Submit no later than 60 Days After Grant Award
1) Signed Grant Agreement
2) Resolution of Authority to execute Grant Agreement
Submit at least 90 Days Before Closing
3) Appraisal Guidelines signed by grantee and appraiser
4) Signed Purchase or Option Agreement
5) Title Commitment and related documents
Submit at least 60 Days Before Closing
6) Survey (if necessary)
7) Environmental Site Assessment
8) Mineral Assessment(if any mineral interests are held by a third party)
Submit at least 14 Days Before Closing
9) Signage Form completed by Grantee
10) Final Qualified Appraisal (approved by GOCO's reviewer with no outstanding issues)
11) Final Budget
12) Draft Warranty Deed
13) Resolution authorizing Grantee to accept property interest(or other proof of authorization)
14) Draft Buyer's Settlement Statement
15) Wire Transfer Instructions
May be Submitted After Closing
16) Land Management Plan
NOTE: If you provide these documents in a timely fashion, GOCO will make every effort to meet your
anticipated closing date. Please recognize that GOCO must approve all due diligence for your project at
least two days prior to closing, because GOCO has to request the wire transfer from the state treasurer's
office the day before closing. We are also reviewing due diligence for other grants, so delays in providing
this information to GOCO may prevent GOCO from approving the due diligence in time to present GOCO
funds at closing.
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Attachment 4
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Land Acquisition Procedures
Due Diligence Requirements
for GOCO-Funded Land Acquisitions
Note Regarding Tax Benefits:
A GOCO grant carries with it no representations or warranties regarding the availability of
federal and/or state tax benefits. GOCO's participation in a transaction indicates only that the
transaction meets GOCO's standards and should not be interpreted as a representation that the
transaction meets standards imposed by any other organization (including but not limited to a
government agency or other third-party funder).
Page 1 Page 56
Purpose
The purpose of this document is to provide guidance and instructions for completing a land
acquisition with GOCO funding. GOCO may fund the acquisition of a conservation easement
interest and/or a fee title interest in a property through any of its constitutional purposes. If a
grant application requesting funding for a fee title acquisition through an open space program
does not indicate an intent to grant a conservation easement over the acquired property,
GOCO will require one. The entity holding the conservation easement interest must differ from
the entity holding the fee title interest, and the conservation easement must be in place prior
to or concurrent with GOCO's release of funds. GOCO cannot hold interests in real property. If
awarded a grant, the grantee must sign GOCO's standard Grant Agreement accepting GOCO's
policies, procedures, and requirements.
Please reference these Land Acquisition Procedures throughout the course of the GOCO grant
process. Other documents that contain information for the due diligence process are available
at http://www.�oco.or�/�rantees/administration-forms and include: 1) due diligence checklists
including timelines; 2) Sample Resolution; 3) Budget Form; 4) Model Conservation Easement; 5)
Appraisal Guidelines; 6) Request for Indirect Costs Form; and 7) the Competitive Grant Program
Procedures.
Pay particular attention to the project deadlines and materials, reports, documents, etc., that
the grantee must submit to GOCO at particular times before GOCO will release funds.
Note:The due diligence requirements discussed in this document represent the minimum for
compliance with GOCO policies and procedures. Each real estate transaction is unique and
may involve components not discussed here. GOCO reserves the right to review documents
related to any and all components of a transaction whether or not the documents are
discussed in these Land Acquisition Procedures or elsewhere.
GOCO may revise or update these Land Acquisition Procedures at any time to correct errors,
for clarification, and to reflect GOCO Board policies, procedures, conditions or requirements,
or for other reasons GOCO believes will best accomplish its mission. Please read these
procedures carefully and contact Michele Frishman (mfrishman��oco.or�) or Courtney
Bennett (cbennett��oco.or�) with any questions regarding these due diligence
requirements.
Issued:August 2018
Page 2 Page 57
TABLE OF CONTENTS
Due Dili�ence Requirements
Submit no later than 60 Days After Grant Award
1) Signed Grant Agreement
2) Resolution authorizing grantee to execute Grant Agreement
Submit at least 90 Days Before Closin�
3) Appraisal Guidelines signed by grantee and appraiser*
4) Signed Purchase or Option Agreement*
5) Title Commitment and related documents
6) Water rights due diligence demonstration
Submit at least 60 Days Before Closin�
7) Draft Conservation Easement
8) Survey(if necessary)
9) Environmental Site Assessment
10) Geologist's Mineral Assessment
11) For Transaction Costs grants only: Final Qualified Appraisal (will receive GOCO staff
review for factual accuracy)
Submit at least 14 Days Before Closin�
12)Signage Form signed by grantee
13) Final Qualified Appraisal and Review(must receive a positive review from GOCO's
reviewer with no outstanding issues)*
14) Final Project Budget (marked "Final")
15) Wire Transfer Instructions, Draft Buyer's Settlement Statement, and Closing
Documents (including final draft of Warranty Deed(s) for fee title acquisitions)
16) Resolution authorizing grantee to accept property interest (or other proof of
authorization)
17) Baseline Documentation Report
Post-Closin�/Post-Fundin� Requirements
18) Land Management Plan, if necessary (provide to GOCO within one year of
closing/reimbursement)
*Not required for Transaction Costs grants.
Note: GOCO's participation in most transactions entails wiring funds to a closing; therefore,
these Land Acquisition Procedures and the deadlines above generally cover that scenario.
Upon request, GOCO may reimburse the grantee after closing, in which case the due diligence
requirements vary slightly. Please refer to the due diligence checklists at
http://www.�oco.or�/�rantees/administration-forms for all applicable deadlines.
Page 3 Page 58
DUE DILIGENCE REQUIREMENTS
Every grantee must provide certain due diligence documentation to GOCO for review and
approval before GOCO will disburse any project funds. Due diligence documentation includes all
of the items discussed in this guidance and may include additional information that GOCO
determines to be relevant to the project.These requirements and GOCO's related questions are
intended to minimize the risks associated with land transactions for both GOCO and its
grantees. It is the grantee's responsibility to answer all of GOCO's questions about the project
adequately and in a timely manner for GOCO to release funds for the scheduled closing or
reimbursement. While GOCO will do everything within its power to meet closing deadlines, we
reserve the right to request documentation at any time in the event that an item has been
overlooked or is otherwise missing from the project file. The required documentation and
related project deadlines are described in detail below. Please submit all documents
electronically unless requested otherwise.
Note: If the grantee's approved project is a part of a phased conservation easement
acquisition where GOCO's language will attach to previously closed phases in an amended
and restated conservation easement, GOCO will need to review all of the due diligence
documents associated with all previous transactions including all items listed in these Land
Acquisition Procedures.Those due diligence items must be satisfactory to GOCO before
GOCO will release project funds.
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Submit No Later Than 60 Days After Grant Award
1. Signed Grant Agreement
Following the grant award, GOCO will provide the grantee with a template form of the Grant
Agreement for review. The grantee must respond to GOCO with any requested changes within
the given deadline; GOCO will determine in its sole discretion whether to include the requested
changes in the final agreement. GOCO will provide the grantee with the final Grant Agreement
for execution via electronic signature system. The grantee must sign and return the Grant
Agreement via GOCO's electronic signature system. At that point, GOCO will sign the Grant
Agreement, and the grantee will receive a copy of the fully executed Grant Agreement via
GOCO's electronic signature system.
2. Resolution Authorizing Grantee to Execute the Grant Agreement
Provide GOCO with a resolution authorizing the grantee to execute the Grant Agreement.The
adopted resolution must contain at least those elements included in GOCO's Sample Resolution
available at http://www.�oco.or�/�rantees/administration-forms.
Submit At Least 90 Days Before Closin�
3. Signed Appraisal Guidelines (not required for Transaction Costs grants)
GOCO will provide the grantee with the Appraisal Guidelines, also available at
http://www.�oco.or�/�rantees/administration-forms. The grantee and the contract appraiser
for the project must sign the Appraisal Guidelines and return them to GOCO.
4. Signed Purchase or Option Agreement (not required for Transaction Costs grants)
Provide GOCO with a copy of a signed purchase or option agreement including all exhibits. If
the original agreement is modified in any way, the grantee must provide GOCO all amendments
and other relevant documents prior to closing. The terms of the agreement should be
consistent with the goals of the project stated in the application to GOCO. The grantee must
also provide the contract appraiser with a copy of the agreement in order to comply with the
Appraisal Guidelines.
If there are any material differences between the purchase or option agreement and the
project details presented in the application and approved by GOCO (e.g., change in the acreage
to be protected, purchase price, or fair market value of the property, etc.), the grantee may be
asked to provide a narrative description of those changes to GOCO pursuant to GOCO's
procedure for Modifications to Acreage and/or Budget for Land Acquisitions Prior to Closing.
Page 5 Page 60
5. Title Commitment and Related Documents
Title insurance protects the policyholder from any loss sustained due to defects in title and is
available for both fee title and conservation easement purchases. With the application, the
grantee must provide GOCO with a copy of an ALTA form commitment for title insurance and
copies of all documents referenced in the Schedule A list of requirements and Schedule B list
of exceptions to title that are specific to the property covered in the application (available
from the title insurance company). It is important to provide any updates to the commitment
and associated documents to GOCO as early as possible as they could reveal issues that must be
resolved prior to closing or reimbursement, and they could delay the project if not submitted in
a timely manner.
GOCO requires title insurance coverage for all conservation easement and fee acquisitions,
including conservation easements granted at the time of a GOCO-funded fee acquisition. The
title insurance must insure the property interest in an amount at least equal to the purchase
price; however, GOCO suggests insuring up to the appraised fair market value. In a fee
acquisition, the title insurance must insure the entity with the final vested interest in the fee.
For phased projects, GOCO requires a title commitment and title policy for each phase of the
project; please note that amended and restated easements may extinguish title policies that
were issued for earlier phases of the project.
GOCO will require the title company to remove standard exceptions relating to survey matters
(if an adequate survey has been performed, acceptable to the title company), mechanics' liens,
existing leases or tenancies, gap protection, real property taxes due and payable prior to the
current year, special district taxes arising prior to the date of closing, and unrecorded mineral
reservations or patents. In addition, if the grantee will pay less than fair market value for the
property, GOCO will request that the title company remove exclusion 3(e) from coverage
related to paying value for the property. GOCO will not approve the project for funding if an
exception to title is unacceptable to GOCO.
Grantees must disclose to GOCO information about any encumbrances, including reserved
rights, liens, or other outstanding property interests, and any proposed future uses of the
property that may be inconsistent with the purposes of the project. All existing restrictions on
the property that are inconsistent with the purposes of the project must be discharged,
released, or subordinated to the conservation easement. For example, if a mortgage
encumbers the property, it must be paid off at closing or be subordinated to the conservation
easement; if a restrictive covenant encumbers the property, GOCO will require that the
covenant be subordinated to the conservation easement to the extent that it is inconsistent
with the easement; if a first right of refusal to purchase an interest in the property exists, a
waiver must be obtained. As with other due diligence requirements, if the condition of title is
not satisfactory to GOCO, GOCO will not fund the project.
If the title commitment shows a lack of legal access to the property, GOCO will require grantee
to establish legal access to the property before GOCO will release funds for closing. In the case
where the title company takes exception to legal access where the only feasible access is across
lands owned by the United States, grantee must demonstrate any of the following:
Page 6 Page 61
1) That the property is physically accessible from a public roadway via a road owned and
maintained by the United States and managed by a federal agency;
2) The landowner established a legal right of way as authorized under the Federal Land
Policy and Management Act (FLPMA) of 1976;
3) The landowner established reciprocal rights of way between the landowner and a
federal agency;
4) The landowner created a long-term (30 years or greater in length) access permit issued
by a federal agency with an opportunity to renew upon mutual agreement of the
parties; or
5) An authorized representative of a federal agency issued a letter authorizing the
landowner to cross the lands of the United States for casual use.
If seeking reimbursement for a project for which a title policy currently exists or is forthcoming,
GOCO may require the title company to issue an endorsement removing or modifying any title
exceptions that fail to meet GOCO's requirements. In addition, for reimbursements that occur
more than six months after closing, GOCO requires an updated policy (or commitment,
depending on the title company's requirements) to reveal any new title issues that possibly
emerged since closing.
6. Demonstration of Water Rights Due Diligence
If the conservation easement will encumber water rights, provide GOCO with a letter or memo
that summarizes the water rights involved in the transaction using the following guidance.
GOCO recommends addressing the questions and considerations listed below (including
attaching the necessary supporting documentation) as comprehensively as possible to fulfill
GOCO's water rights due diligence requirement. It is unlikely that all of the questions below will
apply to each situation. Upon review, GOCO may require the grantee to provide additional
explanation or a more thorough response to certain questions before issuing funding pursuant
to a grant award.
If the conservation easement will not encumber water rights, provide GOCO with a letter or
memo stating that no water rights are associated with the property (if appropriate) and
explaining why water rights are not essential to the preservation and protection of the
conservation values. Describe the actions you took to make this determination.
Please contact GOCO staff for additional guidance if the proposed conservation easement will
encumber less than the full allocation of water or water rights associated with the property.
General Information
• Please list all water resources associated with the property.
• Which of the conservation values require water? Are the water rights associated with
the property sufficient to support the conservation values protected in the easement?
• Who did you interview about the water used on the property? What other sources did
you use to gather information on the water rights? Confirm that the water rights are
owned by the landowner and are being used in accordance with the decrees and that
Page 7 Page 62
the water rights are not abandoned or in danger of being abandoned. Discuss findings
and any issues.
• Is there a mortgage or deed of trust on the property? If the mortgage covers the water
in addition to the land, confirm that the lien holder has agreed to subordinate the
mortgage, including the water, to the conservation easement. Does the mortgage
restrict the grantor's ability to encumber the land or water rights?
• Describe any outstanding ownership issues (gaps in the chain of title, encumbrances,
etc.) and how your organization plans to address them.
• Describe your organization's findings regarding the extent of actual historical use of and
the physical and legal reliability of the water rights.
• Briefly describe your organization's plan for monitoring the encumbered water rights.
Surface Water
• Provide:
o the name of each ditch or reservoir,
o the decreed amount of water and the average amount of water (in AF or cfs)
from each ditch or reservoir that has historically been used on the land,
o the number and location of the irrigated acres (this can be provided on a map),
and
o whether the ditch or reservoir is part of an incorporated ditch or reservoir
company. If so, provide the name of the company and the number of shares
owned by the landowner. Have you acquired and reviewed the articles of
incorporation and bylaws of the ditch or reservoir companies?
• If the ditch or reservoir has not been incorporated, how is it managed?
• Are any water rights delivered under a contract? Have the parties to the contract been
notified?
Wells
• List each well permit number or registration number.
• If the water rights have been adjudicated, list the case number and water division.
• Are any of the wells included in an augmentation plan? If so, discuss.
• Have you notified the State and Division Engineers of your organization's ownership
interest in the encumbered well?
Other Sources of Water
• List other decreed sources of water used on the property not already discussed
(including springs, waste water, stock ponds, etc.).
• List sources of water on the property that are not associated with a right, contract,
permit or shares (including seeps, wetlands, waste water, subirrigation, springs, stock
ponds, ditches, etc.).
Conditional Water Rights (rights that have a priority date but have yet to be perfected)
• For any water right associated with the property that is conditional, provide the case
number in which the water right was first adjudicated and any subsequent decrees
associated with the right.
Page s Page 63
Post-Closing
• Confirm that the easement has been recorded in the county in which the water right is
diverted and the counties in which the water is used.
• Confirm the stock certificate has been reissued to provide notice of the conservation
easement.
• For a conditional right, provide a copy of the notice you provided the water division in
which the water right is located of your organization's interest in the right.
Su��ested Documentation
• Decrees (Only the following pages are necessary: the page of the decree listing the case
number and date of the decree's issuance, the introductory pages with findings
applicable to all water rights adjudicated in that proceeding, all pages that mention the
offered right, the conclusions of law (if any), the page of the decree containing the
judge's signature)
• Well permits, if applicable
• Stock certificates, if applicable
• Contracts for water, if applicable
• Confirmation you have reviewed Jurisdictional Dam inspection reports, if applicable
• Map or photograph with actual locations of all water features and structures, including
but not limited to ditches, headgates, laterals, pipelines, wells, reservoirs, and ponds, as
well as boundaries of irrigated acreage with crop type (preferably on a current aerial
photo or USGS topo map)
• Current and historical aerial photographs, if available
• Water title report/opinion, if one was created
• Engineering report(s)/opinion(s), if available
• Proof that the ditch or reservoir company was informed the water was to be
encumbered
Submit At Least 60 Days Before Closin�
7. Draft Conservation Easement
If a grant application requesting funding for a fee title acquisition through an open space
program does not indicate an intent to grant a conservation easement over the acquired
property, GOCO will require one. The entity holding the conservation easement interest must
differ from the entity holding the fee title interest, and the conservation easement must be in
place prior to or concurrent with GOCO's release of funds. Regardless of whether acquiring fee
title to the property or a conservation easement over the property, certain critical GOCO
language must appear in the conservation easement. It is important to provide the contract
appraiser with a draft of the conservation easement so that the appraiser can evaluate the
effect of the restrictions on the value of the conservation easement. Consider the following
guidelines when drafting and negotiating the conservation easement:
• GOCO must review and approve the terms of the conservation easement before
releasing funds to ensure that it protects the conservation values of the property,
Page 9 Page 64
provides protection comparable to GOCO's Model Conservation Easement, and is
consistent with the grant application.
• Involve GOCO staff in the early stages of drafting and negotiating the conservation
easement. For all changes proposed to GOCO's Model Conservation Easement,
available at http://www.�oco.or�/�rantees/administration-forms, please send staff
a redlined or "track changes" copy of the modified document.
• If circumstances require closing on the transaction prior to GOCO's complete review
of all due diligence, GOCO may provide funds through reimbursement. In this
circumstance, GOCO's language might not appear in the initial recorded
conservation easement, in which case the grantee shall record an amendment to the
recorded conservation easement that contains GOCO's language and is approved by
GOCO, after GOCO's review and approval of all the due diligence materials. Should
extenuating circumstances prohibit structuring the transaction in this manner,
please contact GOCO immediately.
• The draft easement must adequately describe the property and specify in detail all
of the conservation values protected by the conservation easement consistent with
the application (rather than merely providing a general recital of the overall values).
If water is essential to the conservation values of the property, the easement should
tie sufficient water rights to the land to ensure preservation of those values.
• The development or reserved rights in the draft easement should mirror the
development or reserved rights set forth in the application. GOCO must approve any
increase in the number or size of reserved rights, and any increase could result in a
reduction or rescission of the grant award.
8. Survey of the Property
GOCO requires a survey only when the existing legal description is insufficient, such as when
title insurance cannot be obtained, boundary disputes with neighbors exist, and/or the nature
of the deal will restructure the underlying property configurations.
9. Environmental Site Assessment
All grantees, including those requesting reimbursement for a completed transaction, shall
provide an appropriate environmental site assessment that discloses any contamination, unsafe
conditions, potential clean-up costs, potential liability to the purchaser, i.e., recognized
environmental conditions (RECs) or potential environmental concerns (PECs), on the property
and concludes whether the presence of any hazards would preclude any uses described in the
grant application. Contamination can result from prior on-site or off-site land uses or existing
conditions, including but not limited to agricultural operations, underground storage tanks,
abandoned drums, asbestos in buildings, or from mining and timber operations.
GOCO requires a Phase I Environmental Site Assessment, unless GOCO provides prior express
permission to use a different assessment such as a Transaction Screen Process (which shall
comply with the most recent ASTM E1528 standard for such reports) or similar assessment (for
example, GOCO may exempt from this requirement a property historically used exclusively for
agricultural purposes with no infrastructure or fueling areas). A qualified Environmental
Page 10 Page 65
Professional (as defined in the most recent ASTM E1527 standard or ASTM E2247 standard)
shall perform all Phase I Environmental Site Assessments, which may necessitate contracting
with an environmental consulting firm if no Environmental Professional exists on the grantee's
staff. GOCO prefers that a qualified Environmental Professional also prepare any Transaction
Screen Processes.
At a minimum, the final written report should include:
• A statement describing the educational qualifications and experience of the person
performing the assessment and his/her employer's standards, policies, or procedures
for conducting environmental site assessments;
• A summary of investigation into past and present uses of the property and any
hazardous substances, drums, odors, pits, stained soil, etc.;
• A review of public records of state and federal lists of contaminated and potentially
contaminated properties;
• A summary of interviews with landowners, occupants, and local government officials,
including solicitation of comments from and/or review of records of appropriate state,
county, and municipal health/environmental officials about known contamination at the
site;
• A professional opinion about the presence or absence of RECs or PECs (based in part
upon a personal inspection of the property) and a conclusion as to the impact of such
conditions or concerns; and
• No disclaimers or other limiting conditions that would prevent GOCO from relying on
the environmental assessment.
GOCO will require an update of an environmental assessment dated more than one year before
closing. In most cases, this update can take the form of a letter from someone familiar with the
property stating that the condition of the property remains unchanged from that described in
the environmental assessment and dated to the most recent observation.
Because the environmental assessment is intended as a diagnostic tool that may require
additional work, it is important to order the assessment as far in advance as is practicable,
keeping in mind the one-year requirement referenced above. GOCO recommends allowing
sufficient time to address any issues disclosed or recommendations provided in the
environmental assessment. If the environmental assessment reveals no contamination, RECs,
or PECs and does not recommend any remediation/clean-up of other conditions, then the
assessment is acceptable as is. The following examples illustrate situations that require
additional attention and could delay the project if not properly addressed:
1. If the environmental assessment recommends remediation/clean-up of certain
"housekeeping" conditions that do not rise to the level of an REC or PEC, GOCO will
require the grantee to either implement those recommendations prior to closing or to
submit a plan for addressing the recommendations within a reasonable time after
closing.
2. If the environmental assessment indicates contamination or the existence of RECs or
PECs and recommends remediation/clean-up, please contact GOCO immediately to
discuss the recommendations and the next steps. In some cases, the grantee must
Page 11 Page 66
address these recommendations before distribution of GOCO funds. In most cases, the
grantee shall develop and provide GOCO with the following:
a. A remediation plan, certified by a qualified environmental engineer or
environmental agency, to reasonably protect the public health and environment;
b. The estimated cost of funding and schedule for implementation of the plan; and
c. A description of the source of fundin�for implementation.
3. If the environmental assessment indicates contamination or the existence of a REC or
PEC but does not recommend further action, GOCO requires the grantee to work with
the landowner to develop a plan and timeline to address the condition, which the
grantee must submit to GOCO before GOCO will disburse funds.
4. If the environmental assessment recommends further testing or a Phase II
Environmental Site Assessment, the grantee must submit the results of any further
analyses and any planned or completed remediation before GOCO will disburse funds.
Note: Please contact GOCO with any questions about the conclusions and recommendations of
the environmental site assessment.
10. Geologist's Mineral Assessment
If mineral rights are held by a third party (as revealed by the title commitment—do not rely
upon the seller's assurances that the seller owns all the minerals), GOCO requires a professional
geologist's report certifying that the probability of mining those minerals by any surface
method is "so remote as to be negligible." This letter confirms that there is a minimum
potential risk of adverse impacts to the surface of the property and protects GOCO's
investment in the project. If the report fails to determine remoteness for some portion of the
property, GOCO may require the grantee to exclude this area from the conservation easement,
and GOCO may reduce its award amount accordingly. If the report fails to determine
remoteness for the entire property, GOCO cannot participate in the project and will
deauthorize the grant. If the mineral assessment is not satisfactory to GOCO, GOCO will not
fund the project. When a fee title acquisition is funded through a local government grant
program and a conservation easement is not required, the grantee must still submit a mineral
assessment meeting the requirements above. Please contact GOCO with any questions about
these requirements.
In addition to surface mining potential, the mineral assessment should address the potential for
developing any oil and gas resources. If oil and/or gas resources exist under the property and
there are no leases or permits in existence, GOCO will require specific language in the
conservation easement requiring the easement holder to take part in the future negotiation of
any lease or surface use agreement by the landowner. If the oil and/or gas resources are
currently leased or permitted, GOCO may require a separate assessment of the resources and
the lease or permit documents to determine the likelihood of mining. GOCO will evaluate these
situations on a case-by-case basis to determine if there are adequate measures in place to
protect the conservation values if mining were to occur.
If any evidence of present or historic mining exists on any portion of the property, please
contact GOCO immediately. In some instances, it may be necessary to extinguish an active
Page 12 Page 67
mining permit or obtain an acreage release, particularly for past or present gravel mining,
before GOCO can distribute funds. GOCO will require a copy of any permits and any leases or
other documents associated with the permits as well as a demonstration that mining cannot
resume on the property. If mining is currently occurring on the property or the area that has
been mined cannot be released from the permit, GOCO may require this area to be excluded
from the conservation easement, and GOCO may reduce its award amount accordingly.
Based upon the findings disclosed in the mineral assessment, GOCO may require further
investigation on a case-by-case basis.
GOCO will require an update, prepared by the contracted professional, of a mineral assessment
dated more than one year prior to closing.
11. Final Qualified Appraisal (This section applies to Transaction Costs grants only.)
GOCO staff will review the appraisal for consistency with the grant application and the
conservation easement.
GOCO requires that the appraisal is dated effective within one year of the closing date.
Submit At Least 14 Days Before Closin,�
12. Signage Form
Signage is an important means of communicating the investment of GOCO/Lottery proceeds,
which are public funds, throughout Colorado. Therefore, the grantee shall erect one or more
signs visible from the nearest public roadway, or from an alternative location approved by
GOCO, identifying the project to the public. The signage shall be erected unless GOCO approves
a waiver requested by the grantee. Please see an example of the signs GOCO provides free of
charge on the Signage Request Form at�oco.or�/si�na�e. The number and placement of the
signs, as well as any requests for different design or wording, shall be submitted to GOCO for
review and written approval prior to their placement. For approved custom signs, GOCO will
provide reproducible samples of its logo to the grantee for the signs and requires it be
incorporated into the signs.
GOCO will provide the grantee with the Signage Form, by which the grantee acknowledges
these signage requirements, and the grantee must sign and return it to GOCO. After processing
the Signage Form, GOCO will provide grantee with the requested number of standard signs for
the project unless the landowner and grantee wish to design and post a custom sign. Please
contact GOCO's Director of Communications to discuss design and signage questions.
13. Final Qualified Appraisal (This section does not apply to Transaction Costs grants.)
By board policy, GOCO will not participate in projects where a seller or grantor has received or
will receive consideration greater than the fair market value of the interest conveyed, as
established by an appraisal prepared in compliance with USPAP and other applicable standards.
Page 13 Page 68
All appraisals must also comply with the Appraisal Guidelines, which GOCO provides with the
Grant Agreement for review and acceptance by both the grantee and the contract appraiser.
In order to provide review appraisers adequate time to review the appraisal, GOCO will not
wire grant funds until it has received a signed report from its reviewer indicating that the
appraisal complies with all applicable standards and is reliable for GOCO's funding purposes. If
the transaction closes without an appraisal review, as is the case with most reimbursements,
GOCO will assign a review appraiser to evaluate the completed appraisal. The review appraiser
must issue a positive review before GOCO will release funding. In some cases, the contract
appraiser may need to reissue an appraisal in order to address concerns raised by the review
appraiser. To avoid this scenario, GOCO advises that the grantee work to resolve any appraisal
issues prior to closing the transaction.
GOCO requires that the appraisal is dated effective within one year of the closing date.
14. Final Project Budget
Grantees must submit an updated project budget reflecting any changes between the approved
budget (attached to the Grant Agreement) and actual final costs/funding sources. If GOCO
approved any indirect costs, which are not eligible costs for Transaction Costs grants, such as
staff time, general overhead, etc. at the application stage, specifically identify those costs in the
budget and proceed under GOCO's Funding Parameters procedures as described in GOCO's
Competitive Grant Program Procedures, available at
http://www.�oco.or�/�rantees/administration-forms. The budget must identify the sources
and amounts necessary to complete the project, and it must delineate the uses of all funds
used for the project. The grantee must submit the final budget, clearly marked and identified as
final, using the GOCO budget form.
15. Wire Transfer Instructions, Draft Buyer's Settlement Statement, and Closing
Documents
To ensure the availability of GOCO funds at closing, provide GOCO with a draft buyer's
settlement statement, wiring instructions, and copies of any other documents to be signed at
closing at least 14 days prior to the scheduled closing date, but as early as possible to allow for
any necessary changes. GOCO cannot wire funds until it has reviewed and approved the draft
buyer's settlement statement and other documents to be signed at closing. In the case of
reimbursements, GOCO must first review and approve the executed settlement statement from
the closing. The buyer's settlement statement must contain a line item for GOCO funding as a
credit to the buyer, as well as a specific breakdown of the amount of GOCO funds applied to
the purchase price, transaction costs, and stewardship endowment (as applicable).
For fee title acquisitions, the grantee also must submit a final draft of the deed for review and
approval. GOCO prefers a warranty deed or a special warranty deed but will accept a bargain
and sale deed in certain circumstances. A quit claim deed is not acceptable for the transfer of
fee title. A quit claim deed is acceptable for transfers of property rights other than the fee title
(such as water rights).
Page 14 Page 69
Unless GOCO delivers its funds to the title company's escrow account in advance, GOCO will
initiate the wire transfer the day before closing by instructing the State Treasurer's office to
wire funds to the title company's account on the day of closing. Due to potential delays on the
part of the State Treasurer's office that are completely beyond GOCO's control, funds may not
arrive in the account until 11:00 a.m. Therefore, it is best to establish a closing time after
11:00 a.m.
Based on the completion of all the foregoing requirements, GOCO will send a closing instruction
letter to the title company, with copies to the grantee and project partners, in advance of the
scheduled closing. GOCO's closing instructions will specifically reference GOCO's investment
and interests in the transaction and may not address the interests of other parties. For some
projects, the grantee may wish to draft closing instructions that reference these other interests
and associated requirements. Before GOCO will authorize disbursement of its funds, it requires
the title company to sign and return GOCO's closing instructions indicating the title company's
willingness and ability to adhere to the requirements.
In certain cases, including but not limited to closings for which another funder's wire date has
yet to be determined, GOCO in its discretion may send funds in advance of the scheduled
closing date to the title company's escrow account. GOCO's closing instructions will specify how
and when the funds are to be returned to GOCO in the event the closing does not occur by a
certain date. GOCO funds may sit in escrow for no longer than 30 calendar days.
If the parties elect not to close with a title company, thereby removing GOCO's ability to send a
closing instruction letter to the title company, the grantee must provide a copy of the title
policy, the recorded conservation easement, and a copy of the invoice or other proof of
payment of matching funds. GOCO must approve these documents and may require
endorsements to the title policy prior to GOCO disbursing funds. When a title company is not
used, GOCO will not send funds to an escrow account.
16. Resolution Authorizing Grantee to Accept Property Interest
In advance of closing, each entity that will accept a property interest must submit a resolution
(or other proof of authorization) from its board or decision-making body exhibiting that the
entity has the authority to accept the property interest.
17. Baseline Documentation Report
The grantee must submit a report that provides an assessment of the resource values and
existing conditions on the property encumbered by the conservation easement at the time of
conveyance. This report, referred to as a baseline report, present conditions report, baseline
documentation report, or similarly titled document, shall comply with current industry
standards. The grantee and the landowner shall acknowledge the existing condition of the
property by signing the report. GOCO may require an update of a baseline documentation
report dated more than one year before closing.
Page 15 Page 70
POST-CLOSING�POST-FUNDING REQUIREMENTS
GOCO requires grantees to submit the following documentation after closing:
1. Recorded Conservation Easement and Warranty Deed (for fee acquisitions)
2. Recorded Conservation Easement (for easement-only acquisitions)
3. Signed Buyer's Settlement Statement
4. Signed and recorded copies of all documents executed at closing
5. Title Policy (with all objectionable title exceptions removed)
6. Signed Baseline Documentation Report/Acknowledgement
7. Land Management Plan, if necessary
8. Evidence of signage installation, if necessary
18. Land Management Plan
When appropriate, the grantee and/or the landowner must develop a Land Management Plan
that specifically identifies how the landowner will manage the property consistent with the
uses or restrictions of the project and the preservation of the conservation values (as described
in the project application and/or conservation easement), when such details are not
appropriate for inclusion in the conservation easement. As a general matter, GOCO will not
require a Land Management Plan for purely agricultural properties with a demonstrated history
of appropriate management. GOCO may require a Land Management Plan to address: (1)
particular issues that, in GOCO's judgment, require more management detail than is included in
the conservation easement; (2) when and where public access is appropriate for publicly owned
properties (including trail location, design, construction and identification of amenities, etc.);
(3) long-term clean-up recommendations identified in the environmental report. The
conservation easement must explicitly reference the Land Management Plan, if required. GOCO
would prefer but does not require a complete, signed Land Management Plan prior to closing
but will require its submission no later than one year from the date of closing.
At a minimum, the Land Management Plan should address: 1) management objectives to
protect the conservation values of the property, including any special management needs, such
as weed or soil erosion control to minimize adverse impacts on adjacent properties; 2) a
timeframe for implementation of the plan; 3) projection of maintenance/management costs;
and 4) an explanation of how the landowner intends to cover the maintenance/management
costs.
Additional funders, such as Colorado Parks and Wildlife or the Natural Resources Conservation
Service, often require a land management plan. In most cases, that management plan will fulfill
GOCO requirements.
At least every five years the landowner must review and/or update any required Land
Management Plan.
Page 16 Page 71
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Page 72
I
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 2.
ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the proposed electric rate increase.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
3. PUBLIC COMMENT.
� 1 Any person will be given an opportunity to address the Board concerning the
Ordinance. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the item.
❑ Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
� Request Board consider a motion.
5. BOARD DISCUSSION.
❑ Discussion by the Board.
Page 73
6. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
7. DISCUSSION ON THE MOTION.
❑ Discussion by the Board on the motion.
8. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
Page 74
i
Y
T��N oF ESTES PARI
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Director Bergsten
Director Hudson
Superintendent Lockhart
NewGen Strategies & Solutions, Consultant
Date: September 8, 2020
RE: Ordinance 11-20 Proposed Electric Rate Increase
(Mark all that apply)
� PUBLIC HEARING � ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
To provide reliable electric service for our customers by funding operations,
maintenance and capital improvements.
Present Situation:
The global pandemic has resulted in a one-year delay in the proposed electric rate
increases. To limit negative financial impacts Power and Communications has stopped
capital improvement projects and cut back on staff training, street light maintenance,
and a number of other activities. This is not sustainable.
The public can view on-demand, a complete presentation of the rate study given at the
March 10, 2020 Board Meeting. The following link to this on-demand video is titled
"Town of Estes Park Board Meeting - March 10, 2020 Part 1" and begins 23 minutes
into the meeting: Click Here: https://estesgovtv.viebit.com/plaver.php?hash=EXC30ATrLIQq
The Town's public electric utility is a cost-based entity that relies solely on user fees to
operate. Costs and revenues must be balanced in order to maintain operations and
keep utilities in line with ever-increasing federal standards. We are proposing an
overall revenue increase of 5.9% spread out over three years.
The study also ensures equitable rates among customer classes, so that one customer
class does not subsidize another. Residential customers make up 70%, and small
Page 75
commercial (aka commercial) make up 22% of our customers. The following tables
show the proposed rate impacts:
Average Increase
Residential Manthly Bill 2023 Overall 3-Year Increase Manthly � Annual
kWh�Ma 2Q19/2020 -�{}2�- $ % $ °/o
4D0 $ 67.9Q $ 72.83 $ 4.94 7.3% $ 1.65 2.4%
5a0 $ 79.20 $ 84.79 $ 5.60 7.1% $ 1.87 2.3%
600 $ 90.49 $ 96.75 $ 6.25 6.9% $ 2.08 Z.3%
700 $ 101.79 $ 108.71 $ 6.91 6.8% $ 2.30 2.2%
800 $ 113.09 $ 120.5� $ 7.57 6.7% $ 2.52 �.�%
900 $ 124.39 $ 132.52 $ 8.23 6.6% $ 2.74 2.2%
5mall Auerage increase
Commer�ial Monthly Bill 2p23 ��erall 3-Year increase Monthly � Annual
kWh�Mo 2019/2020 ��3-�-�- $ % $ %
25a $ 62.74 $ f3.27 $ �.53 a.8% $ 0.18 D.3%
75� $ 121.49 $ 123.81 $ 2.32 1.9% $ �.77 D.6%
1,�5� $ 1$�.23 $ 1$4.35 $ 4.12 2.3% $ 1.37 D.$%
1,75� $ 23$.9$ $ 244.$9 $ 5.91 2.5% $ 1.97 D.$I'a
2,25� $ 297.72 $ 3�5.43 $ 7.71 2.5% $ 2.57 D.9%
2�7JV � �J11.47 $ JlJJ.77 $ �.JU L.7�6 $ J.17 U.��6
�,��� $ 4is.z1 $ 42�.s� $ 11.�a z.�io $ �.�� o.�ra
The study includes charges for customers who opt out of smart metering. This is a new
charge to cover the cost of physically going to those customers' premise to manually
read their meters.
Hard copies of the study and proposed rate sheet are located at the Municipal building
and library for the public to review. They are also on our website. The Study has been
marked up in red to indicate the proposed implementation delay of one year.
Proposal:
Staff proposes implementing the rate increases January 2021.
Advantaqes:
• Maintain adequate financial strength required to operate the enterprise
• Meet our bond covenants obligations
• Fund project required to improve reliability, quality and safety of our system
Disadvantaqes:
Higher cost of electricity; however, our daily need for electricity requires reliable, safe
electricity.
Page 76
Action Recommended:
Staff recommends proposes continuation of this public meeting to September 8, 2020.
Finance/Resource Impact:
Over three years electric revenues will increase 5.9%
Level of Public Interest
High, increases to utility rates will touch every Power and Communications customer
Sample Motion:
I move for the approval/denial of Ordinance 11-20 Proposed Electric Rate Increase.
Attachments:
1. Ordinance 11-20
2. Rate Sheet
3. Rate Study Link
4. Revised Presentation
Page 77
Attachment 1
ORDINANCE NO. 11-20
AN ORDINANCE AMENDING THE
POWER & COMMUNICATIONS RATE SCHEDULES
OF THE TOWN OF ESTES PARK, COLORADO
WHEREAS, the Board of Trustees has determined that it is necessary to amend
the Electric Rate Schedules of the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: That the Town of Estes Park, Colorado Electric Rate Schedules shall
be amended to read as set forth on Exhibit A.
Section 2: These rate schedules will take effect the first full billing period in
January, 2021.
Section 3: This Ordinance shall be enforced thirty (30) days after its adoption and
publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2020.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
Page 78
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2020 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2020, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
Page 79
TOWN OF ESTES PARK COLORADO
, �
PROPOSED Electric Rate Summar 2020-2023 Public Meetin 8/25/2020 ' ; r ' ` I� " ° " rc
Y � 9 � � . � RA � �
On-Peak Off-Peak Standard
Customer Energy Energy Demand Rate for
Customer Rate Class Year�`� Charge Consumption Purchase Power Consumption Charge May thru
$IMonth Charge Rider$IkWh Charge $/kW August
$IkWh $/kWh $/kWh
RESIDENTIAL�i � 2020 � $22.70 � $0.1095 � $0.00349 � --- � --- � ---
Jan 2021 � $23.47 � $0.1119 � $0.00000 I --- f --- f ---
Available to all residential customers and residential 2022 � $24.23 � $0.1144 � TBD i I �
customers with electric heat up to 25,000 kWh annually.
2023 � $25.00 � $0.1168 � TBD � --- I --- � ---
RESIDENTIAL DEMAND�'� � 2020 � $26.10 � $0.0654 � $0.00349 � --- � $13.60 � --- �
Available to existing customers on this rate,Seotember � Jan 2021 � $26.90 � $0.0645 � $0.00000 1 --- 1 $13.60 � ---
throuah Aoril. All other times the Residential energy � 2022 � $27.70 � $0.0636 � TBD � --- � $13.60 � --- �
charge would apply. 2023 � $28.50 � $0.0627 � TBD � --- � $13.60 � --- �
RESIDENTIALENERGYTIME-OF-DAY� � 2020 � $26.10 � $0.1520 � $0.00349 ! $0.0760 � --- ! --- �
Jan 2021 � $26.90 � $0.1566 � $0.00000 � $0.0806 f --- � ---
Available to all residential customers using electric Z�ZZ fi � ---
thermal storage heat. � $27•70 � $0.1612 � TBD � $0.0852
2023 � $28.50 � $0.1658 � TBD j $0.0898 t --- t ---
RESIDENTIAL ENERGY BASIC TIME-OF-DAY�'� � 2020 � $26.10 � $0.1345 � $0.00349 � $0.1077 � --- � $0.1095
Available to all residential customers not using electric � .lan 2021 � $26.90 � $0.1470 � $0.00000 j $0.1038 ] --- ] $0.1119
thermal storage heat.These rates apply Seotember � 2022 � $27.70 � $0.1595 � TBD ! $0.0998 ] --- � $0.1144 I
throuqh April.Standard rates apply May through August.� 2023 � $28.50 � $0.1719 � TBD ! $0.0959 1 --- � $0.1168 �
SMALL COMMERCIAL�'� � 2020 � $33.37 � $0.1140 � $0.00349 � --- ] --- ] ---
Jan 2021 � $33.25 � $0.1154 � $0.00000 ] --- � --- � ---
Available to all commercial customers with demands of 2022 � $33.12 � $0.1169 � TBD � � �
35 kW or less.
2023 � $33.00 � $0.1183 � TBD I --- f --- f ---
SMALL COMMERCIAL ENERGY TIME-OF-DAY�'� � 2020 � $36.77 � $0.1615 � $0.00349 � $0.0708 � --- � ---
Jan 2021 � $36.51 � $0.1526 � $0.00000 [ $0.0763 1 --- 1 ---
Available to all commercial customers using electric 2022
thermal storage heat with demands of 35 kW or less � $36.26 � $0.1438 � TBD I $0.0818 I I
2023 � $36.00 � $0.1349 � TBD I $0.0872 1 --- I --- �
LARGE COMMERCIALi'� � 2020 � $45.23 � $0.0625 � $0.00349 � --- � $14.80 � --- �
Jan 2021 � $45.49 � $0.0633 � $0.00000 � --- � $15.87 � ---
Available to all commercial customers with demands 2022 � ---
exceeding 35 kW � $45.74 � $0.0640 � TBD � � $16.93
2023 � $46.00 � $0.0648 � TBD � --- � $18.00 � ---
LARGECOMMERICIALTIME-OF-DAY�'f � 2020 � $53.18 � $0.0820 � $0.00349 � $0.0445 ] $17.45 � ---
� Jan 2021 � $53.79 � $0.0848 � $0.00000 $0.0461 � $18.30 � ___
Available to all commercial customers with demands 2�22
exceeding 35 kW � $54.39 � $0.0876 � TBD l $0.0478 � $19.15 �
� 2023 � $55.00 � $0.0904 � TBD i $0.0495 i $20.00 � --- �
OUTDOOR AREA LIGHTING � 2020 � $36.49 I --- I --- I --- � --- I ---
Jan 2021 � $36.49 � --- I --- i --- 1 --- I ---
Available for lighting outdoor private areas 2022 � $36.49 � --- � "' I "' � "' � "'
2023 � $36.49 � --- � --- � --- � --- � ---
RENEWABLE ENERGY CHARGE�'� � 2020 � --- � $0.0275 � $0.00000 � --- � --- � ---
Jan 2021 � --- � $0.0275 � ] --- � --- � ---
Voluntary participation available to all classes;charge Zp22 � ___ � $0.0275 I fi --- f --- f
per 100 kWh block
zoz3 I --- I $o 02�5 I 1 --- i --- i ---
MIINIrIP�I RATF� � 2020 � $0.00 � $0.1171 � $0.00349 � --- � --- � ---
Jan 2021 � $s.00 � $0.1149 � $o.00000 I --- I --- [ ---
Available for electricity use on municipal property 2022 � $18.00 � $0.1128 � TBD i --- I --- f ---
2023 � $27.00 � $0.1106 � TBD � --- j --- � ---
TOWN OF ESTES PARK COLORADO
, �
PROPOSED Electric Rate Summar 2020-2022 Public Meetin 8/25/2020 ' ` r ` ` I� " " '� rc
Y , 9 � � . :� � ,: � �;
RMNP ADMINISTRATIVE HOUSING � 2020 � $22.70 � $0.0690 � N/A � --- � --- � --- �
Available to Rocky Mountain National Park residences Jan 2021 � $22.70 � $0.0690 � N/A � --- f --- f ---
having an alternate power source delivered to Estes 2022 � $22.70 � $0.0690 � N/A � --- fi --- fi ---
Park's distribution system 2023 � $22.70 � $0.0690 � N/A � � �
RMNP SMALL ADMINISTRATIVE � 2020 � $33.37 � $0.0456 � N/A � --- � --- � ---
Available to RMNP administrative accounts having an Jan 2021 � $33.37 � $0.0456 � N/A I --- 1 --- I ---
alternate power source delivered to Estes Park's 2022 � $33.37 � $0.0456 � N/A I --- I --- f ---
distribution system with demands of 35kW or less 2023 � $33.37 � $0.0456 � N/A � --- ] --- �
RMNP LARGE ADMINISTRATIVE � 2020 � $45.23 $0.0185 � N/A � --- � $12.50 � --- �
Available to RMNP administrative accounts having an Jan 2021 � $45.23 = $0.0185 � N/A ! --- � $12.50 � --- �
alternate power source delivered to Estes Park's 2022 � $45.23 � $0.0185 � N/A � --- � $12.50 � --- �
distribution system with demands exceeding 35kW 2023 � $45.23 � $0.0185 � N/A [ --- � $12.50 � --- �
NOTES:
Fees for other work performed, such as service upgrades or line extensions, the developer or customer must pay for work performed.
Payment must be made before the work is scheduled. The payment covers the cost of labor, materials, equipment, and overhead.
(1)Purchase Power Rider is a pass-through of wholesale increases from PRPA; TBD for years 2021-2023
(2)The 2023 rates remain in effective until new rates are adopted by the Town Board.
Residential Enerqv Time-of-Datr available onlv for residential customers using electric thermal stora4e heat:
OFF-PEAK for Residential Time-of-Day Customers: 1:00 pm to 3 pm and 10:00 pm to 6:00 am
weekdays and all day on weekends and holidays(New Years Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day)
ON-PEAK for Residential Time-of-Day Customers: 6:00 am to 1:00 pm and 3:00 pm to 10:00 pm
weekdays
Residential Enerav"Basic"Time-of-Da�r,is available for every residential customer except as stated above.
These rates apply onlv September thru Aqril (for May thru August, the standard Residential rate applies):
OFF-PEAK for Residential "Basic"Time-of-Day Customers: 7:00 pm to 4:00 pm the following day and all day weekends and the
following holidays: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Years Day
ON-PEAK for Residential"Basic"Time-of-Day Customers: 4:00 pm to 7:00 pm weekdays
Smart Meter/Advanced Meterina Infrastructure Opt-Out Fees- One Time Enrollment Fee of$75 and monthly fee of$20
Avoided Cost paid to Net Meter Customers = $0.0175, the wholesale cost of energy minus$0.01 for administrative costs
Updated 05-21-2020
Attachment 3
TOWN BOARD MEETING
August 25, 2020
Action Item 1. Ordinance 11-20 Proposed
Electric Rate Increase.
Attachment 3 — Electric Rate Studv can be
accessed bv clickin� here. v
Page 82
Attachment 4
, �, ,;' ��-
� �� � �
�; , �,u,�,��i�is �. ..,
_='li ' - � a �
.. , .� �k1 � .�
i' -
1 1 1
� ' • • • � ' � � • •
• • � • � � � � � • �
�l.
�&Salutinns
EStES pAR1C
C O LO RA�O E(ONOMI(S SiRAiEGY SiACEHOi�ER1 S�SihINA6�LIiY nxn�i _ �:',li•�i��.•ii�-
Average Ir�crease
Residential Monthly Bill 2023 O�erall 3-Year Increase Manthly � Annual
kWh�Ma 2019/2020 Z-02� $ % $ %
40a $ fi7.90 $ 72.83 $ 4.94 7.3°/0 $ 7..65 2.4°/a
500 $ 79.20 $ $4.79 $ 5.6a 7.1°/0 $ 1.87 2.3%
60d $ 9D.49 $ 95.75 $ 6.25 6.9°� $ 2.08 2.3%
7QD $ 101.79 $ 108.71 $ 5.91 6.8°/0 $ 2.3� �.2°/
800 $ 113.�9 $ 120.66 $ 7.57 6.7% $ 2.52 2.2°/a
90Q $ 124.39 $ 132.62 $ 8.23 5.6°� $ 2.74 2.2%
Small A�erage Increase
Commercial Monthly Bill 2023 a�erall 3-Year Increase Monthly � Annual
kWh/Mv Z019/2020 2fl��' $ °/❑ $ %
Z50 $ 62.74 $ 63.27 $ Q.$3 Q.S% $ 0.1$ fl.3%
750 $ 121.49 $ 123.8I $ Z.32 1.9% $ 0.77 �.6%
1,250 $ 18�.23 $ 184.35 $ 4.12 2.3% $ 1.37 fl.8%
1,750 $ 238.98 $ 244.89 $ 5.91 2.5% $ 1.97 0.8%
7,Z5� $ 297.,72 $ 345.43 $ 7.71 2.6% $ 2.57 0.9°/a
2,750 $ 356.47 $ 355.97 $ 9.5❑ 2.7% $ 3.17 Q.9%
3,25❑ $ 415.�1 $ 4Z6.51 $ 11.30 2.7% $ 3.77 fl.9%
Page 83
Cost of Service and Rate Design Overview
Rates In Three Steps
Framework and guide for COS,financial and rate related decisions for
(vision,goals,metrics,etc.)
Revenue Requirement
Identify cost to operate utility to determine rate revenue required to
keep utility financially solvent.
Cost of Service(COS)
Determine cost to provide electric serve to different customer classes,
identifying the fixed and variable cost components.
Rate Design
Use the COS results,rate strategy and policies to guide rate design.
Rates must fully recover all costs.
NEWGEN STRATEGIES AND SOLUTIONS,LLC 3
Cost of Service and Rate Design Overview
Desired Outcomes
. . •
: � • • .
� • • • �
• • �
� . • •
• — • — •
� • • • • '
. • .
• • • . • •
� • • � •
NEWGEN STRATEGIES AND SOLUTIONS,LLC 4
. • ' i �
� • . • ' . � ' • �
_ �
Revenue Requirement
Determination
Cost Allocation
Rate Design
. . .
• • . • � . � ' • � '
� � � � � �• � � . •
• Revenue Requirement (RR) equals the
revenue that must be generated from
electric rates
— Total system operating costs less other
sources of revenue, example, interest income
— Initially expressed one amount then divided
out to each customer class
. . .
Page 85
� � I � I . � •
� , � � � � , � �
P&C Financials were used as the basis to forecast future RR
Financial Forecasting
• 10 year projection Operating Expenses/Revenue
• Predicts utility financials �,,,,,:a,���,ve, _5,,,,;es&Be�e,;,,
•Revenues _�hP,oPe�a���gE����s�ooe�a���gRe�e��e
•Expenses s'°°
•Capital Improvement Projects(CIP) �SZso _ .
•Bond financing and payments SZo� -r'� � ' ���
•Cash reserve requirements ,,� �����������
•Etc. >.
• Enables scenario analyses which ,_
helps us understand the impact on „
electric rates(example, if a project is '°" �01e '°�" �°�° '°'� '°�� '°�� '°'a �°�` '°'� �°�'
bond financed vs using cash reserves)
I
. . .
• • . • � . � � • � '
� • � � � •
• Test Year RR is a projection of costs based on
changes (adjustments) in the cost of doing
business
— Adjustments
• Known and Measurable
• Prudent
• Reasonable and Necessary
P&C Financials Adjustments
Dist.Engineering Known/measurable _ � _
Dist.Labor + Inflation/escalation � � ,,�
Dist.Materials Load growth(development) �
Capital Projects •� • ' • '
. . .
Page 86
Cost of Service and Rate Design Overview
Steps in the Rate Design Process
STEP 1 �eterminethe revenue '-•
�- - . •
• . •
� •
NEWGEN STRATEGIES AND SOLUTIONS,LLC 9
Cost of Service and Rate Design Overview
Step 2 Functions
. �j�, ;
.,�.;?�:�� ��� �' .
_ ;
.S' '
9
'� �
*la
� � •
• • • �� �
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,
E
ti..
J
F
NEWGEN STRATEGIES AND SOLUTIONS,LLC 10
. • ' i
• • � • � � � ' • �
- • �
Platte River Power Authority � ■ �
(PRPA) � : P�o�S�o„o�
"Generation" &"Transmission° � Pow..�.��,,om�e.=
, , o,< ._-. ._ .
�� o���,.,,: �� �
,.a
5�bs�a _ _- —�
� ��slr b�l��on
Subclol�en
Town of Estes Park v .vvE,,, ;.� ..� ,�:,.. _'='` o��,: ;;, ,;
k..:�;mr�s�..:i.• i•sr-�.
Power& Communications -—
(P&C): {�
Q�,'•iFIiJTI�?�v
"Distribution" & �
"Customer Service" �
�
% �-�''�
� / o �
. . .
• • . • ' . � - . • -
� � � � - . • . • . • •
• The generation function is � ��'�
responsible for producing ,4, ��E
energy and meeting the , :��
maximum customer demand ` ```� '
- The power plant portfolio is �_���'�-- '�'��'� � ��
sized to meet the maximum
�
demand requirements of the
system(PRPA) t ,�
- Energy is produced by wind, � � �
:•.�
solar and burning fuel to meet
customer demand over time �. `
• Electricity is transmitted to the �
Town through transmission - �-� :
lines '�'
,k ,�`- ,
;,,.f� �
.+k
� • •
Page 88
• � � • � � � ' • �
• � � . � • • •
• The distribution function T _ 's,,�
��
distributes electricity �� r_.���alr, 9
_, ���. } , ,
from the substation to �'��:';�� � v� ' , ����
,._ , r .;��,
customers �- - � ` ,� � �'�"�I'�
� r
— Tree trimming `-�-�' �'"��'�
— Respond to outages � �
.- r
— Street light maintenance -`� r`,��
��
— Billing ;,,. . �� ; _ � ' � , -
�> .� �� �:� I�
{ � 26 15
�
� • •
� 1 I , I . � � •
� � I . � � • �
• - - - Revenue Requirement
Determination
I . � Cost Allocation
Rate Design
. . .
Page 89
• � � • � � � ' • �
' • • . . •
• •
. . . .
Production: Demand-related
Energy-related
Transmission: Demand-related
Direct Assignments
Distribution: Demand-related
Customer-related
Direct Assignments
Customer Service: Utility Billing,
Customer questions
. . .
• • � • � � � ' • � '
' • • . . •
• Fixed or Variable costs
— Fixed costs vary with capacity additions
• Examples: labor expense & depreciation
• Demand-related and customer-related costs are
fixed
— Variable costs vary with energy consumed,
delivered, or purchased
• Example: energy component of PRPA's wholesale
rate
• Energy-related costs are variable
. . .
Page 90
Cost of Service and Rate Design Overview
Steps in the Rate Design Process
STEP 1 �etermine the rev ' -•
requirements of th �_ _ �
Unbundle costs by functio
STEP 2 and services(production,
transmission,distribution,etc.�
. • •
� .
NEWGEN STRATEGIES AND SOLUTIONS,LLC 17
Cost of Service and Rate Design Overview
Step 4 Twelve (12) L&P Rate Classes
- - .- �
- . • �
' �- �- •
•- •
' - �- • • �
�- � • �
' - �- - � :. • ��• ' - • •
• � ' • •
. •-
� •. ' -
Customer Classes are grouped by similar size,consumption,
requirements,and characteristics
NEWGEN STRATEGIES AND SOLUTIONS,LLC 18
. • ' �
• • � • � � � ' • �
• � • . � • .
• Cost of service differentials
— Different load characteristics
• Large Commercial (example Water Plants)
• T-Shirt shops
• Residential
— Different service voltages
— Metering (the YMCA is on one primary meter)
— Customer service requirements (net meters)
— Other
. . .
• • . • ' . � - • • -
• '
. • . . •
Cost of Service vs. Rate Making
Cost accounting,allocate utility Used to incentivize specific
costs with use,classification behavior,example, net metering.
Rates do not have to match COS,
but industry practice is to align
rates with COS
Utility Functions:
Power Supply Transmission Distribution Customer
(Demand and (Demand (Demand and (Customer
Energy Components) Customer Components)
Components) Components)
. . . �
Page 92
• • � • � � � ' • �
� • ' . � • ' • . . • � . '
• Legislative and regulatory compliance
• Conservation/DSM (Behavior Modification)
• Distributed Generation
- Traditional
- Renewables (roof top solar)
• Revenue stability
• Alignment with cost of service
• Simplicity
• Other
. . .
Averagelncrease
Residential Monthly Bill 2023 O�erall 3-Year Increase Manthly � Annual
kWh�Ma 2019/2020 Z-02� $ % $ %
40a $ fi7.90 $ 72.83 $ 4.94 7.3°/0 $ 7..65 2.4°/a
500 $ 79.20 $ $4.79 $ 5.6a 7.1°/0 $ 1.87 2.3%
60d $ 9D.49 $ 95.75 $ 6.25 6.9°� $ 2.08 2.3%
7QD $ 101.79 $ 108.71 $ 5.91 6.8°/0 $ 2.3� �.2°/
800 $ 113.�9 $ 120.66 $ 7.57 6.7% $ 2.52 2.2°/a
90Q $ 124.39 $ 132.62 $ 8.23 5.6°� $ 2.74 2.2%
Small A�erage Increase
Commercial Monthly Bill 2023 a�erall 3-Year Increase Monthly � Annual
kWh/Mv Z019/2020 2fl��' $ °/❑ $ %
Z50 $ 62.74 $ 63.27 $ Q.$3 Q.S% $ 0.1$ fl.3%
750 $ 121.49 $ 123.8I $ Z.32 1.9% $ 0.77 �.6%
1,250 $ 18�.23 $ 184.35 $ 4.12 2.3% $ 1.37 fl.8%
1,750 $ 238.98 $ 244.89 $ 5.91 2.5% $ 1.97 0.8%
7,Z5� $ 297.,72 $ 345.43 $ 7.71 2.6% $ 2.57 0.9°/a
2,750 $ 356.47 $ 355.97 $ 9.5❑ 2.7% $ 3.17 Q.9%
3,25❑ $ 415.�1 $ 4Z6.51 $ 11.30 2.7% $ 3.77 fl.9%
Page 93
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Page 94
Public Comment Received 09-08-2020
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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 agenda items.
The Town Board of Trustees will participate in meetings 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.
Regular meetings of the Town Board are held on the second and fourth Tuesdays of each
month at 7 p.m. Agendas and the agenda item list below will be posted the Wednesday prior to
each meeting.
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* Connie Phipps
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* Ordinance 11-20.
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 95
Comments for the Limited to a maximum of 1000 characters.
Board of Trustees:* Increasing the base rate for electrical service is not warranted as the Light and
Power Fund transferred$1,772,928 PROFIT/REVENUE to the general fund.
Customers have no control to reap savings by making their homes and appliances
more efficient. Estes Park will have the highest base rate fee in Colorado!WHY?
This additional income will be transferred to the general fund to be used for other
purposes;the expense of salaries,equipment, meters,transformers,street lights,
overhead lines,customer service lines,etc.are already removed from the
$7,554,806 revenue/income.We know there will be an increase per kWh come
January as well as the water rate fee increase(2nd year)--customers do not need
a 3rd increase in utility rates.
VOTE NO and reject this higher fixed rate charge!
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 96
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: September 8, 2020
RE: Interview Committee for the Parks Advisory Board
(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 Parks of Advisory Board.
Present Situation:
The Parks Advisory Board consists of seven volunteer community members. The board
currently has one vacancy for a term expiring December 31, 2020. The Town Clerk's
Office has advertised the opening and currently has received two applications 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.
Finance/Resource Impact:
None.
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Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees and to
the Parks Advisory Board interview panel.
Attachments:
None.
Page 98