HomeMy WebLinkAboutPACKET Town Board 2021-01-12The 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
Tuesday, January 12, 2021
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. By Public Comment Form: Members of the public may provide written public comment on a
specific agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, January 12, 2021. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
2. By Telephone Message: 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,
January 12, 2021. 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, 833-548-0276 (toll-free)
Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be
available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to
7:00 p.m., if possible. You can also find this information for participating by phone on the
website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting
Participation”.
Request to Speak: For public comment, the Mayor will ask attendees to indicate if they
would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be
moderating the Zoom session to ensure all participants have an opportunity to address the
Board.
Once you are announced by phone:
State your name and address for the record.
DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
Prepared 12-30-2020
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The
Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings
by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the
Zoom session should also watch the meeting through that site, and not via the website, due
to the streaming delay and possible audio interference.
Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting at 7:00 p.m.
Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise
Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom
session to ensure all participants have an opportunity to address the Board.
You will experience a short delay prior to re-connecting with the ability to speak.
State your name and address for the record.
In order to participate, you must:
Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
Join the Zoom Webinar.
o The link can be found above.
Click “Participate Virtually in the Regular Town Board Meeting of the Board of
Trustees”.
DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48
hours of the meeting at the same location.
Documents to Share: If individuals wish to present a document or presentation to the
Board, material must be emailed by Monday, January 11, 2021 by 8:00 a.m. to the Town
Clerk’s office at townclerk@estes.org.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.org/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, January 11, 2021.
All comments received will be provided to the Board and included in the final packet material.
Oral Testimony
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk@estes.org or calling (970) 577-4777 by Monday, January 11, 2021 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@estes.org by 8:00
a.m. Monday, January 11, 2021 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.org/boardsandmeetings or you may request a paper
packet by emailing townclerk@estes.org or calling (970) 577-4777.
Page 2
AGENDA
BOARD OF TRUSTEES – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Special Town Board Minutes dated December 3, 2020 and Town Board Minutes dated
December 8, 2020 and Town Board Study Session Minutes dated December 8, 2020.
3. Parks Advisory Board minutes dated November 19, 2020 (acknowledgement only).
4. Transportation Advisory Board minutes dated November 18, 2020 (acknowledgement
only).
5. Resolution 01-21 Public Posting Area Designation.
6. Resolution 02-21 Correcting Clerical Errors in Resolution 71-20 – Establishing 2021
Parking Fees.
7. Resolution 03-21 Approving a Waiver and Release Agreement with the Colorado
Economic Development Commission, City of Loveland, Town of Windsor, and Larimer
County and the Northern Colorado Regional Tourism Authority.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 01-21 AMENDING CHAPTERS 2, 3, 10 AND 13 OF THE ESTES
PARK DEVELOPMENT CODE REGARDING MINOR ADJUSTMENTS AND
SUBDIVISIONS. Planner Woeber.
Proposed amendment to the Estes Park Development Code to add a "Minor
Adjustment" process and other related revisions.
ACTION ITEMS:
1. RESOLUTION 04-21 PROFESSIONAL SERVICES CONTRACT AMENDMENT TWO
WITH SAFEBUILT COLORADO, LLC, FOR RENEWAL OF BUILDING SAFETY
SERVICES CONTRACT, 2021. Director Hunt.
To renew existing SAFEBuilt contract for Building division staff and services for the
2021 calendar year with no changes in scope and compensation.
Prepared 12-30-2020
Page 3
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. APPOINT AUDIT FIRM FOR YEAR ENDED DECEMBER 31, 2020 WITH FOUR
OPTIONAL ANNUAL RENEWALS. Director Hudson.
To formally appoint a new audit firm to perform the Town's audit for the year ended
December 31, 2020.
3. RESOLUTION 05-21 FOR CDOT INTERGOVERNMENTAL AGREEMENT FOR
MULTIMODAL OPTIONS FUND AND TRANSPORTATION ALTERNATIVE
PROGRAM FUNDS FOR FALL RIVER TRAIL. Grant Specialist Crosser.
To secure grant funding in excess of $1.4 million for the construction of the Fall River
Trail in 2023.
4. REVISE POLICY 671 – TOWN FUNDING OF OUTSIDE ENTITIES. Assistant Town
Administrator Damweber.
Consider revisions to Policy 671 - Town Funding of Outside Entities.
5. 2021 LINEWORKER PAYSCALE. Director Williamson.
To consider a modified 2021 Lineworker payscale to address current recruitment and
retention issues.
6. ORDINANCE 02-21 TEMPORARILY EXTEND BUSINESS LICENSE RENEWAL
DEADLINE TO JUNE 30, 2021 AND TO WAIVE CERTAIN LIQUOR LICENSE FEES
UNTIL DECEMBER 8, 2021. Town Clerk Williamson.
Consider extension of the due date for business license fees with the exception of
VHRs and waiver of liquor license fees to be in line with State Bulletin 20-27.
ADJOURN.
Page 4
Town of Estes Park, Larimer County, Colorado, December 3, 2020
Minutes of a Special 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 3rd day of December, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 12:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
ACTION ITEMS:
1. 2021 VISIT ESTES PARK (VEP) OPERATING PLAN AMENDMENT. Town
Administrator Machalek provided an update regarding the VEP Operating Plan, letter
from VEP Chair Gibson, and addendum, referred to as Appendix A in the operating
plan. Chair Gibson provided background on the Larimer County Commissioners’
request for the addendum to provide analytics on expenses and a letter outlining the
CEO recruiting process. The Board discussed the recruitment of CEO, cooperation
between the VEP Board and staff on reqruitment and marketing of the position, and
providing more information to the public regarding VEP operations. It was moved and
seconded (Younglund/Webermeier) to approve the 2021 Visit Estes Park
Operating Plan, addendum, and letter, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 12:16 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary DRAFTPage 5
Town of Estes Park, Larimer County, Colorado, December 8, 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 8th day of December, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: Carlie Bangs, Trustee
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION.
Mayor Koenig read a proclamation recognizing Brad Fitch for his years of entertainment
as Cowboy Brad.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Cenac) to approve the Agenda as
presented, and it passed unanimously.
PUBLIC COMMENTS.
Georgia LeBon/Town citizen requested the Board assist the local businesses impacted
by COVID-19 and the recent move back to a shutdown of local businesses such as indoor
seating at restaurants. She urged for an action plan to assist businesses, form an alliance
with other local entities to develop marketing plans, consider a holiday on fees such as
business licensing and utilities, and develop a small business relief fund.
Donna Carlson/Estes Chamber of Commerce Executive Director thanked the Board for
the previous funding to businesses during the first shutdown earlier this year. The
shutdown has been burdensome with the rules set by the State recently on the operating
guidelines. The Chamber has developed a petition signed by 92 businesses and
presented to the State to try to increase the business operating environment.
Jenna MacGregor/Town citizen and owner/operator of the Reel Mountain Theater, Park
Theater & Cafe, and The Slab and Arcade. She requested assistance from the Town to
help businesses suffering during the pandemic, especially those that are not able to
operate such as theaters. She stated businesses need help developing creative solutions
and a waiver of business license and liquor license fees. She commented businesses
would benefit if resources available to businesses were located in one location/website.
TRUSTEE COMMENTS.
Trustee Younglund commented the Community Family Advisory Board (CFAB) met last
week and requested clarification on what the Board would like included in a report on the
current childcare situation. She indicated she directed the CFAB to provided details on
what COVID has brought to the childcare situation: have we lost providers, gained
providers, decreased need with parents at home and schooling children. The CFAB
would continue reviewing the needs assessment. DRAFTPage 6
Board of Trustees – December 8, 2020 – Page 2
Trustee Webermeier stated the Local Marketing District/Visit Estes Park Board approved
the 2021 Operating Plan which would be submitted to the State. The entities 2021 budget
would be approved at their next meeting. A consultant would be engaged to facilitate a
national search for a new CEO with Abi Huebner named the interim CEO. The position
would be filled sometime during March 2021.
Mayor Pro Tem Martchink thanked those providing public comment and for offering
recommendations on how to address the issues and concerns raised by the business
community.
Trustee Cenac commented the Park Advisory Board has been working on a new waterfall
within Mrs. Walsh’s Garden. The Board would bring forward a proposal to form an Arts
Committee.
Mayor Koenig commented the Northern Colorado Regional Tourism Authority agreement
to develop projects needs to be extended to move the projects forward. An updated
agreement would be forthcoming. Platte River Power Authority (PRPA) would meet to
discuss possible relief to the PRPA communities.
TOWN ADMINISTRATOR REPORT.
The Estes Valley Resiliency Collaborative, a group administered by the Town and headed
by Vanessa Solesbee/Parking and Transit Manager, has met weekly with the EDC and
the Chamber to address concerns of the business community. The group recognizes
some business categories have seen more impacted than others, and have continued to
explore methods to supplement the federal and state relief. The Town would discuss
central tools and support for businesses.
Administrator Machalek recognized staff which have gone above and beyond this past
year during the COVID pandemic and the fire incidences, including Vanessa Solesbee,
Jason Damweber, Kate Rusch, Suzanna Simpson, Emily Lizotte, Corey Pass, Eric Rose,
Jon Landkamer and the COVID wastewater delivery team.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 24, 2020.
3. Parks Advisory Board Minutes dated September 17, 2020 (acknowledgment only).
4. Transportation Advisory Board Minutes dated October 21, 2020 (acknowledgment
only).
5. Letter of Support for FEMA Project Scoping Grant Application.
6. Resolution 72-20 Amending the Intergovernmental Agreement with CDOT for
Federal Transit Administration CARES Act funding to support 2020 and 2021
Estes Transit Administration and Operating Expenses.
7. Auditor Selection Committee Appointment.
8. Local Marketing District Board Reappointment of Marie Cenac for a term expiring
April 26, 2022.
It was moved and seconded (Webermeier/Martchink) to approve the Consent
Agenda, and it passed unanimously.
2. LIQUOR ITEMS:
1. NEW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY MISE EN PLACE
CONSULTING LLC DBA STELLA'S PLACE, 207 PARK LANE, ESTES PARK,
CO. Mayor Koenig opened the public hearing. Town Clerk Williamson reviewed
the application for the new Hotel and Restaurant liquor license, stating all
paperwork and fees have been submitted. Robert and Joanne Corey/owners have
completed TIPS training in 2017 with the opening of Seasoned – An American
Bistro which is located next to the new establishment. The Mayor closed the public DRAFTPage 7
Board of Trustees – December 8, 2020 – Page 3
hearing. Mayor Koenig closed the public hearing and it was moved and
seconded (Cenac/Webermeier) to approve the Hotel & Restaurant Liquor
License Application for Mise En Place Consulting LLC dba Stella’s Place, 207
Park Lane, and it passed unanimously.
3. ACTION ITEMS:
1. RESOLUTION 73-20 SUPPLEMENTAL BUDGET APPROPRIATIONS #10.
Director Hudson presented the Resolution to amend the 2020 budget to increase
the General fund to incorporate the $50,000 grant funds awarded the Town to
purchase heaters, fuel for heaters, lighting, canopies, seat warmers, signage etc.
to assist local businesses during the winter months impacted by the COVID
restrictions. The Community Center fund would be amended to reflect an increase
in revenues and transfer of $15,347 to the Estes Valley Recreation and Park
District. It was moved and seconded (Webermeier/Younglund) to approve
Resolution #73-20 Supplemental Budget Appropriation to the 2020 Budget,
and it passed unanimously.
2. CAPITAL IMPROVEMENTS PLAN 2021-2025. Director Hudson presented the
2021-2025 Capital Improvement Plan (CIP) outlining projects and funding needs.
The approval of the CIP does not provide spending authority or directly allocate
any resources to the projects. The document provides guidance to the Board, staff
and the citizens on upcoming projects and funding needs. It was moved and
seconded (Younglund/Webermeier) to approve the 2021-2025 Capital
Improvement Plan, and it passed unanimously.
3. POLICY 227 - WORKFORCE HOUSING GUIDELINES. Assistant Town
Administrator Damweber reviewed the policy and stated the proposed policy would
provide Workforce Housing guidelines to define workforce housing for the Town’s
purposes; articulate the Town’s workforce housing goals; articulate the Town’s role
related to workforce housing; and establish a funding mechanism to advance the
Town’s workforce housing goals.
Bob Leavitt/County resident stated the definition of workforce should remain in the
Development Code and not in a separate policy. He stated concern with a
disconnect on the AMI requirements in the Development Code of 150% and the
proposed policy of 175%. The mention of ADUs in the policy would put the Town
Board on the record of supporting such units in the future.
Anne Morris/County resident stated concern with the Town Board considering a
policy on workforce housing during the ongoing pandemic and recovery from the
recent fires. She recommended the policy discussion be delayed until such time
the public could participate in the discussion and the AMI formula has been further
vetted.
Board discussion was heard on issues related to the inclusion of the ADUs in the
policy and its impact on further Board discussions or decisions related to the units
or workforce housing, the proposed AMI percentage, and the discrepancy between
the policy and Development Code.
After further discussion, it was moved and seconded (Webermeier/Martchink) to
approve Policy 227 – Workforce Housing Guidelines with alterations to 3.c.
fifth bullet to remove everything after the semicolon and to 3.d.ii to add to
the end of the first sentence “of budgeted sales tax revenues”, and it passed
unanimously.
4. CLOSURE OF TOWN OFFICES ON DECEMBER 31, 2020. Town Administrator
Machalek proposed the Board authorize the Town Administrator to close all Town
offices on December 31, 2020 to recognize the efforts put forth by the Town
employees during the challenging year addressing COVID related impacts. Jenna
MacGregor/Town citizen supports an additional day off for staff but would
recommend a day other than New Year’s Eve to ensure the public has access to DRAFTPage 8
Board of Trustees – December 8, 2020 – Page 4
staff on that day. It was moved and seconded (Cenac/MacAlpine) to approve
the closure of Town offices on December 31, 2020, and it passed unanimously.
5. REPORTS AND DISCUSSION ITEMS:
1. RECRUITMENT AND RETENTION OF JOURNEY LINEWORKERS. Director
Williamson stated the Town has experienced difficulties in recruiting and retaining
Lineworkers due in large part to the Town’s pay structure. Superintendent
Lockhart reviewed a presentation outlining the difficulties the other Platte River
Power Authority communities of Fort Collins, Longmont and Loveland have also
experienced with recruiting and retaining staff. He noted the larger Rural Electric
Authorities and Excel Energy tend to have higher wages and an industry standard
pay plan in which each Lineworker makes the same wage regardless of years of
experience. In the last ten (10) years the Town has trained 17 apprentices and
two (2) remain. The Town has advertised for over a year with few qualified
applications received for the Lineworker position. The cost to train an apprentice
through the four (4) year process is approximately $88,000. Staff would
recommend the Town consider moving to an industry standard pay plan which
would pay Lineworkers at a competitive wage at the top of the range after 6 months
of earning their Journey Lineworker status rather than the current pay range. Staff
would bring forward a new pay range for the Board’s consideration at the January
12, 2021 meeting.
6. REQUEST TO ENTER INTO EXECUTIVE SESSION:
It was moved and seconded (Webermeier/Martchink) to entering into Executive
Session for a conference with an attorney for the Board for the purposes of
receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS.
and for the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or instructing
negotiators - Section 24-6-402(4}(e}, C.RS. – Regarding the Downtown Estes
Loop, and it passed unanimously.
Mayor Koenig recessed the meeting at 9:32 p.m. The Board entered executive
session at 9:45 p.m. and concluded the executive session at 11:05 p.m.
Mayor Koenig reconvened the regular meeting at 11:10 p.m.
Whereupon Mayor Koenig adjourned the meeting at 11:11 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 9
Town of Estes Park, Larimer County, Colorado December 8, 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 8th day of
December, 2020.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Cenac
MacAlpine, Webermeier, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer and Recording Secretary
Disney
Absent: Trustee Bangs
Mayor Koenig called the meeting to order at 5:15 p.m.
DOWNTOWN ESTES LOOP QUARTERLY UPDATE.
Director Muhonen presented the Downtown Estes Loop quarterly update, and the
Technical Advisory Committee (TAC). TAC provided progress updates on Right-of-Way
(ROW) acquisitions, the Conditional Letter of Map Revisions, budget, schedule, and the
Memorandum of Agreement with Central Federal Lands Highway Division. TAC
proposed continuing work on design and ROW acquisition efforts, finalizing hydraulic
analysis, and utility relocations through the remainder of 2020, bidding the construction
work in the last quarter of 2021. Additionally, Town staff has been evaluating two
alternative FEMA grant opportunities to potentially fund Phase 2 improvements as
defined in the Downtown Estes Loop environmental assessment.
The Board discussed the temporary parking which has taken place in the location of
previously acquired ROW acquisitions, the delay on inclusion of TABOR clause,
clarification on the CLOMR, changes to the project timeline from original estimates, and
the Town’s role and timeline of ROW acquisitions.
POLICY 671 – TOWN FUNDING OF OUTSIDE ENTITIES REVISIONS.
Assistant Town Administrator Damweber provided background on Policy 671 and the
expressed interest of the Town Board in reassessing the eligibility criteria for Town
funding of outside entities, specifically regarding Community Initiative Funding. He
sought the Board’s input on amending Policy 671 to make other taxing districts and
organizations that support taxing districts and organizations which require membership
dues ineligible for Community Initiative Funding.
The Board discussed differences between taxing districts and organizations that require
membership dues, the number of organizations which could be affected by adjusting
eligibility, issues with excluding entities based on revenue streams, application eligibility
not being a guarantee of funding, organizations which have a direct connection and
support of taxing district entities, inability to predict funding needs of taxing districts in
the future, communication and feedback with entities which could be affected by
changes to eligibility, and ability of entities to request funding during other times of the
year for needs which arise. The Board directed staff to bring forward Policy 671
revisions to exclude taxing entities and entities whose sole purpose would be the
support of a single taxing district entity. DRAFTPage 10
Town Board Study Session – December 8, 2020 – Page 2
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
Trustee Younglund requested the Board provide further direction to the Community and
Family Advisory Board (CFAB). Tt was determined Trustee Younglund and Town
Administrator Machalek would confirm CFAB’s questions and will bring back to board if
more information is needed.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule the Review
of Electric Vehicle Infrastructure and Readiness Plan for January 26, 2021 and the
Discussion of Commercial Enterprises in Residential Zones be added to approved
unscheduled items with a tentative date of January 12, 2021 or early February 2021.
There being no further business, Mayor Koenig adjourned the meeting at 6:22 p.m.
Kimberly Disney, Recording Secretary DRAFTPage 11
Page 12
Town of Estes Park, Larimer County, Colorado, November 19, 2020
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said
Town of Estes Park on the 19th day of November, 2020.
Committee: Merle Moore, Chair, Rex Poggenpohl Vice Chair, Geoffrey
Elliot, Dewain Lockwood, Vicki Papineau, Ron Wilcocks
Attending: Merle Moore, Rex Poggenpohl, Geoffrey Elliot, Dewain
Lockwood, Vicki Papineau, Kevin McEachern, Greg
Muhonen, Megan Van Hoozer
Absent: Ron Wilcocks
Chair Moore called the meeting to order at 8:30 a.m.
PUBLIC COMMENT
No public comment.
Chair Moore introduction the PAB’s newly appointed member, Kirby Nelson-Hazelton.
She introduced herself and shared her connection to Estes Park and all PAB members
introduced themselves.
APPROVAL OF MINUTES
A motion was made and seconded (Papineau/Lockwood) to approve the September
meeting minutes and all were in favor.
MRS. WALSH’S GARDEN COMMITTEE UPDATE
Chair Moore shared that at the last meeting of the committee, he received the final Mrs.
Walsh’s Garden (MWG) Master Plan from Aloe Terra. The 30% design plans for the
restoration of both the waterfall and pond damaged by the 2013 flood. Supervisor Berg
will use these design plans in a design/build project. Berg has physical copies of these
design plans at the Parks Division office. If want to look at the plans in more detail, please
Supervisor Berg.
The MWG Master Plan is intended to guide MWG’s development for the next 10 years.
The Committee is hoping for the waterfall/pond completion in 2021. The water features
include planting pockets within. The RFP will be created soon for the construction of these
elements. Muhonen suggested confirming with staff that it is in the existing budget. Staff
is able to authorize up to $50K in MWG expenditures.
Member Papineau stressed the importance of the liaison role with MWGAC moving
forward. Chair Moore has been faithfully serving this need but has announced his
resignation from the PAB after the December 2020 meeting. Moore stated he will remain
on the Committee so he would be willing to continue bringing updates to the PAB.
Poggenpohl made a motion to have Moore be the MWG Committee advisor and
consultant to the PAB. Papineau seconded the motion and all were in favor.
Member Elliot recommended this agenda item remain at the top to allow Moore to leave
after his reports should he choose. The PAB agreed.
ESTES PARK WOMEN’S MONUMENT COMMITTEE UPDATE
Chair Moore provided an update of the Monument Committee’s Minutes of November 5,
2020 received from Member Wilcocks. Moore stated the Committee is looking for
fundraising ideas which will continue at the December 3, 2020 Committee meeting. Once
the committee makes final determinations, the recommendation will be passed to the PAB
and the PAB will recommend approval to the Town Board. The Town Board has already
approved two different sites. One is located at Bond Park and the other near the parking
lot at Riverside Drive and Elkhorn Avenue.
Page 13
Parks Advisory Board – November 19, 2020 – Page 2
AIPP TOWN BOARD STUDY SESSION UPDATE
Member Poggenpohl, after checking Arts Master Plans in other communities, provided a
15-20 minute update to the Town Board Trustees in a recent study session. The Trustees
were very interested and understood the dilemma of attracting grants and/or donors
without the key piece being a formalized Arts Master Plan. The Trustees expressed that
they’re in favor of pursuing, but not spending money. It was recommended Poggehpohl
speak with universities to see if they have interest in helping create this Master Plan.
Town Administrator Machalek and Poggenpohl will send a written request for participation
to graduate students. A motion was made and seconded (Poggenpohl/Papineau) to
approve Chair Moore sign a letter with Machalek and all were in favor.
Poggenpohl discussed establishing a subcommittee to the PAB for art and aesthetic
review. Machalek stated he was not in favor of creation of a subcommittee for this
purpose. He was, however in favor of the art community in Estes Park participate in
decisions relative to art. Prior to forming any type of subcommittee, Machalek requested
it be brought back in front of the Town Board sharing why PAB isn’t sufficient to serve in
this capacity.
Poggenpohl stated that the original concept was to have someone with applicable
expertise outline the maintenance plan for all art. At this point maintenance of art is only
defined for bronze sculptures. There are a variety of mediums of art with no maintenance
plan ever established. Member Wilcocks has expressed he may have opportunity to join
with the arts community (in addition to PAB) to get some of the maintenance needs figured
out.
Moore stated that Wilcocks indicated that he understands the individuals working on that
project may very well co-mingle with PAB in an advisory capacity – in its evolution and is
wondering if it would need to be an Arts Advisory Board. Trustee Liaison Cenac shared
that the direction from the Town Board was that, once justified, present as a sub-advisory
committee to the PAB with members of the art community.
Poggenpohl stated that he should have something for PAB to review and agree upon
within the next couple weeks. He is attempting to get responses for the end of year to get
on agenda for the next semester. If the window is missed, there will likely be no assistance
from schools until Fall 2021. Moore asked that Poggenpohl put together whitepaper and
bring back to PAB in December, for presentation to the Town Board in January 2021.
DRAFT PAB POSITION DESCRIPTION
Merle introduced a draft PAB Position Description to members for review, suggested
changes and approval for future recruitment. After reviewing a motion was made and
seconded (Lockwood/Elliot) and all were in favor.
PROJECT UPDATES (Public Works Director, Greg Muhonen)
Downtown Estes Loop
Director Muhonen shared drawings for the Downtown Estes Loop and discussed needed
adjustments. An independent peer reviewer was hired and the recommendations are now
reflected.
Muhonen asked the PAB if they wanted to view the detailed plant listings or if they’re
comfortable with the Parks Division making sound decisions. PAB would like an
opportunity to review the plans as the project progresses.
Muhonen also referenced the roundabout central island, reminding the group of the
original plan for a stone wall with “Estes Park” engraved. Muhonen requested a change
of the design due to the probability that people would stop and take a picture with that
sign as is so frequently done on US 36. Poggenpohl expressed his agreements with the
changes. Muhonen shared a conceptual image with the group.
Muhonen proceeded to discuss the originally planned enhanced concrete crosswalks.
Muhonen will be recommending moving the planned crosswalk on Moraine Ave. further
to the North to better accommodate the pedestrians crossing from the West side of Page 14
Parks Advisory Board – November 19, 2020 – Page 3
Moraine Ave. and will save two diagonal parking spaces. He will propose to utilize
thermoplastic rather than enhanced concrete except where the Riverwalk crosses
roadways. This will assist with cost savings as the project continues to get more
expensive. Moore stressed the need for flashing beacons due to the busy area. Muhonen
agreed and will look for that in the final plans.
Muhonen continued reviewing other modifications to Riverwalk and landscape. He shared
that the new bridges will have more capacity but there’s no guarantee it will prevent the
Post Office parking lot from flooding at extremely high water. He stated the crosswalk
near the Riverside Restroom will be synchronized with the intersection pedestrian
crossing to improve traffic flow.
CDOT is also pushing back on the decorative concrete in the intersection of Elkhorn
Ave. (US-36) and Riverside Dr. The existing proposal shows the decorative concrete in
an ‘X’ shape to allow for the Barnes Dance. Muhonen will propose a compromise to
have the standard thermoplastic added in that form to show pedestrians they can cross
any direction.
Due to the work with the new floodplain, a KLOMR will need submitted. It then takes 9-
12 months for approval. Since the project can’t begin until after approval, and all
easements are required (30) to be completed. This phase is just beginning so it is
anticipated construction will not begin until 2022/2023.
Downtown Wayfinding
The original conception of this project was to put signs at select Riverwalk locations
providing key destinations. The project is now on track to provide parking signage for
the paid parking program. This is all that will be done regarding downtown wayfinding in
2021. Paid parking is on track to begin in 2021 pending approval on November 24, 2020
at the Town Board meeting. Beginning in 2022, the Town will continue to work toward a
full wayfinding plan which will be brought back to the PAB for review.
Elkhorn Lodge Development
Muhonen stated all the work related to the Elkhorn Lodge Development is all being
done by a private developer, clarifying this is not a Town project. Chair Moore asked if
the development plans have finally been approved. Muhonen indicated that the
approvals have made it through the Town Board but the developer and Town are still
working through final construction plans. There was a requirement to extend their
landscape plan and install a new 10’ sidewalk for connectivity. The developer will be
adding a crosswalk for pedestrian safety. Their guest traffic will then be able to walk to
Mrs. Walsh’s Garden and cross the road safely continuing to the downtown area.
Chair Moore asked Muhonen who is responsible for follow-up to new construction
landscape plans. He stated that the landscaping at Dollar General is terrible and it
appears the landscape contractor messed up. Poggenpohl indicated that no one goes
back to check. The development code does not require follow through at that level, but
only to confirm the plantings have occurred. He stated the Town needs to be stricter.
Poggenpohl suggested meeting with Community Development Director, Randy Hunt.
Muhonen shared there is simply a lack of staff to perform this type of post-inspection.
OTHER BUSINESS
Moore stated that, for the December meeting, the Estes Valley Land Trust (EVLT)
plaque inventory will be discussed. He asked members to review the document before
the December meeting to discuss what a template may look like.
Moore also asked the group to review the AIPP Guidelines and be ready to make any
needed updates at the December meeting.
Moore shared photos of historic signage purchased by the Estes Park Museum as
informational.
Page 15
Parks Advisory Board – November 19, 2020 – Page 4
There being no further business, a motion was made and seconded
(Poggenpohl/Hazelton) to adjourn the meeting and all were in favor. Chair Moore
adjourned the meeting at 9:51 a.m.
Megan Van Hoozer, Recording Secretary
Page 16
Town of Estes Park, Larimer County, Colorado, November 18, 2020
Minutes of a Regular meeting of the Transportation Advisory Board of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually on the
18th day of November 2020.
Committee: Belle Morris, Tom Street, Janice Crow, Ann Finley, Larry
Gamble, Linda Hanick, Scott Moulton, Gordon Slack, Ron
Wilcocks
Attending: Belle Morris, Tom Street, Janice Crow, Ann Finley, Larry
Gamble, Linda Hanick, Scott Moulton, Gordon Slack, Trustee
Carlie Bangs, Public Works Director Greg Muhonen, Parking
& Transit Mgr. Vanessa Solesbee
Absent: Ron Wilcocks
Chair Morris called the meeting to order at 12:03 p.m.
PUBLIC COMMENT
No electronic submissions of public comment were received prior to the deadline and no
public was in attendance.
APPROVAL OF MINUTES
A motion was made and seconded (Gamble/Slack) to approve the October meeting
minutes and all were in favor.
SIDEWALK / TRAIL INVENTORY (Chair, Belle Morris)
Chair Morris introduced the concept of defining a separate task force or subcommittee
to discuss the specific focus of the data collection of needed work on sidewalks and
trails, beginning around the schools. Referencing a plan put together in February
regarding trail needs, she stated there is a good start on the downtown trails. Member
Moulton created a spreadsheet allowing the documentation and categorization of
identified improvement needs.
The suggestion is to utilize the Safe Routes to School (SRTS) overlay, starting from the
school and establishing a one-mile radius to determine safety. The key is to identify
deficient, crumbling, or otherwise degraded areas along the sidewalks and trails;
provide associated locations; and identify a ranking each by importance of the areas.
Once the one-mile radius is complete, the group will then evaluate the two-mile area,
while continuing to repeat the process and establish a basis for potential future SRTS
grants, as well as making recommendations to the Town Board. This will also serve
issues of connectivity and is in-line with the Estes Valley Master Trails Plan, established
as a guiding document.
Member Gamble stated that he’d spent some time on the internet after the last TAB
meeting and found a tremendous amount of information on SRTS with tons of resources
available – guides, checklists for parents/students, etc. to help define safe routes.
Gamble suggested not reinventing the wheel and utilizing the established methods
provided. He also suggested a small group be defined to view what is readily available
and how to make this process more streamlined.
Finley suggested, if a small group is created, that the information found be brought back
to the TAB for discussion and additional TAB direction. Morris stated she wants to
define a formal subcommittee to document infrastructure. With the Brodie Avenue
SRTS being the leading need, the champion of the subcommittee would work with
Public Works on education and outreach in addition to infrastructure needs. She stated
there needs to be a defined order and structure to this initiative.
Muhonen said it could also be a potential task force, a subset of TAB with or without
public participation. Morris added that the student/staff encouragement and education Page 17
Transportation Advisory Board – November 18, 2020 – Page 2
are a requirement of the SRTS grant. Morris said that one or two TAB members may be
able to work alongside Public Works in the Brodie and Graves Avenue areas to see how
it works. The findings could then be reported back to the TAB, rather than having subset
of existing TAB members.
Gamble stated that in his research, a number of communities have utilized consultants
to get started. This is a big process and is more of a community undertaking and he
understands that Public Works may not have the capacity to champion this focused
effort on their own. To do it well, it requires a significant amount of effort. He suggested
that the TAB could encourage someone in the community to champion this effort that
could be more heavily involved.
Member Slack stated that the current Chair to the successor organization for Families
for Estes may be willing to take this on as a project and should be contacted. Morris
suggested she would step up since the work is in the school area and she has a good
grasp of the Graves Ave. project and what TAB is doing. Trustee Liaison Bangs stated
that may be a good start as the organization is involved with the education foundation
as arm of the school district.
Manager Solesbee knows an individual that would like to be more involved in the
community as well. The woman has a tremendous amount of experience with SRTS
and has the time available. If desired, Solesbee would be happy to connect her with
Chair Morris for work on the Graves Ave. project. Chair Morris accepted the offer.
Muhonen stated that Grant Specialist Crosser shared that she also has a citizen that
would be interested in participating in the process. Morris stated again that she would
like to see a task force be formed.
The TAB Members that would join the task force are Members Finley, Gamble, Hanick
and Chair Morris. Finley stated she’d like to start with looking at the information found
by Gamble. Gamble asked members of Public Works if this is something the Town
Board would have to approve. Muhonen shared an example of a task force created by
one PAB member, Ron Wilcocks, as a subcommittee to the PAB. That subcommittee
only had one advisory board member so it was not considered a public meeting for the
PAB. It was run entirely by the subcommittee and Wilcocks reports back to the PAB.
Either way it is a separate meeting track and generally contains interested citizens from
the community.
The individuals that will be reviewing the information discovered by Gamble are
Moulton, Morris, Hanick, Finley and Gamble. Once a meeting time is identified the
Public Works Administrative Assistant will be notified for needed advertisement of the
public meeting.
PROJECT / ADMINISTRATION UPDATES (Public Works Director Greg Muhonen)
Director Muhonen provided updates to the TAB on ongoing work and/or discussions
since the last meeting.
Downtown Estes Loop: Muhonen shared with the TAB, an updated engineering drawing
showing a crossing at Davis Street on Moraine Ave. To add that crossing, it will take two
diagonal parking spaces. He suggested recommending a change to that design by
moving the crossing to the South and freeing up two parking spaces. He further stated
that this change would help those traveling on the West side of the road. Gamble
agreed and sees no fatal flaws while servicing the pedestrians better. Members Crow,
Finley and Hanick agree. Muhonen will move forward with the recommendation and will
confirm with the design team of Central Federal Lands (CFL) about including a rapid
flashing beacon at that location.
Another comment to the CFL project manager that Muhonen would like to address is
the previous discussion about enhanced concrete material. The continued uptick in cost
continues to be a threat. Muhonen would like to recommend that rather than use this
material in all crosswalks, that they just be used in areas identifying the Riverwalk. The
enhanced concrete material is basically just fancier and costs more. He would like to Page 18
Transportation Advisory Board – November 18, 2020 – Page 3
propose using traditional crosswalks for the cost savings. CDOT is pushing back on
some other areas of decorative concrete. The change would not propose a safety
reduction for pedestrians.
The area of pushback is at the intersection of Elkhorn Ave. (US-36) and Riverside Dr.
The existing proposal shows the decorative concrete in an ‘X’ shape to allow for the
Barnes Dance. Muhonen’s proposal would be to have the standard thermoplastic be
added in that form to show pedestrians they can cross any direction.
Gamble doesn’t recommend putting up a fight about how the crosswalk is identified in
the intersection, as long as it is identified. Morris disagrees and thinks it will pose a
safety hazard for Community Service Officers. Muhonen will be offering the
thermoplastic crosswalk inlays as a compromise to the decorative concrete.
Community Drive Roundabout: Muhonen shared that there will be a meeting tomorrow
and that he will share the final design in a public way. He will plan to have special
presentation at a future TAB meeting.
3rd Street Traffic Calming: The contractor has come up to Estes Park and performed
striping on 3rd St., North Ct. and South Ct. for the new traffic concept in the reclamation
neighborhood.
PROJECT UPDATES (Parking & Transit Mgr. Vanessa Solesbee)
Parking:
Manager Solesbee shared with the TAB that staff will be presenting a resolution on
November 24, 2020 at the Town Board Meeting to establish 2021 parking fees. She
thanked the TAB for the letter of support submitted for this item. Solesbee and The Car
Park’s General Manager, Matt Eisenberg are already planning for 2021. They’re
planning robust outreach and communication efforts with both locals and visitors. If the
Town Board approves the resolution, the outreach will start with residential and
employer/employee permits. Communication will then be targeted to guests and visitors.
The Downtown Wayfinding project will be resuming under Engineering Manager Hook.
The initial phase of the project is directed to paid parking. Solesbee would like to come
back and share the final designs for the parking signage. She also plans to provide an
update on items being discussed with the Police Department. These items are related to
parking ordinance updates, code changes, and escalated enforcement if needed.
Chair Morris has heard that some communities have provided an option for those
individuals with high parking fees. In lieu of payments, they have accepted canned food
items or other forms of community service. Solesbee stated she will investigate different
options. Solesbee stated that there will be no graduated fine structure due to lack of
effectiveness per research found.
Chair Morris asked if, along Graves Ave. for example, construction vehicles are
permitted to park on the side of the road. She asked what the Town has in place so they
can’t just park their vehicles and equipment along the road. Solesbee stated she will be
visiting with the Police Department next month and this goes into a larger conversation
about on-street parking and how to better manage those areas.
Transit:
Solesbee reported that there is a lot going on in the Transit world. The winter pilot
service begins today. She thanked those that helped get the word out. A map will be
going on the website to show what the new service will offer. Solesbee has received lots
of positive feedback but looks forward to seeing what ridership is like.
Solesbee is submitting two award projects related to the electric trolley. Both awards are
very competitive but worth our time. She invited the TAB, if so inclined, to provide a
letter of support as part of the nominations. Would like TAB’s permission to have Belle
write a letter. The TAB was supportive of this letter being written.
Page 19
Transportation Advisory Board – November 18, 2020 – Page 4
The Town Board approved the contract for the Town’s 2nd electric trolley last week. The
new trolley should be delivered by May 2021 and will be coming from the same vendor.
Other big project is possible because of a bus facility grant from CDOT. The project is
likely to get kicked off in the spring and will be managed by the Town’s Facilities
Manager. Completion is anticipated to be in the Fall of 2021.
The Shuttle Committee will be meeting in early December. Solesbee will update the
TAB and the next regularly scheduled TAB meeting.
Member Moulton shared information received regarding the winter pilot program
schedule. The primary comment was that it is too bad the pilot is not scheduled to run
early in the morning. Solesbee shared that one reason for the schedule is that she had
worked with school officials on when students may need access. Another reason is that
the electric aspect of the trolley may operate better, in the winter, in the afternoon and
would reduce the potential for cancellation during the colder weather.
The Electric Vehicle (EV) Plan will be ready and delivered to by the end of November.
Once the documents is nearly finalized, she will share it with the TAB, post it on the
Town website, and share with stakeholder groups to gather feedback throughout
December. The project manager, Sarah, will come to December meeting. At the end of
January the plan will be presented at the Town Board Study Session, with hopes to
finalize the plan at the February 8, 2021 Town Board Meeting.
OTHER BUSINESS (Chair, Belle Morris)
There being no further business, Chair Morris adjourned the meeting at 1:27 p.m.
Megan Van Hoozer, Recording Secretary
Page 20
RESOLUTION 01-21
PUBLIC POSTING AREA DESIGNATION
WHEREAS, Section 26-6-402(2)(c) of the “Colorado Sunshine Act of 1972” as
amended, requires a municipality to designate a public place to post notices of its
meetings; and
WHEREAS, House Bill 19-1087 amended Section 26-6-402(2)(c) to transition
from posting physical notices of public meetings in physical locations to posting notices
on a website, social media account, or other official online presence; and
WHEREAS, the Town designates www.estes.org/boardsandmeetings of the
Town’s website as the public place for Posting Notices of Town Meetings through this
Resolution 01-21; and
WHEREAS, admittance to Town Hall remains limited due to COVID-19; and
WHEREAS, in the event of an internet outage, the Town designates the main
entrance to Town Hall as the Public Place for Posting Notices of Town Meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the page www.estes.org/boardsandmeetings of the Town’s website is
hereby designated as the Public Place for Posting Notices of Town Meetings. In the
event the Town is unable to post a notice online in exigent or emergency circumstances
such as a power outage or an interruption in internet service that prevents the public
from accessing the notice online, notices may be posted at the main entrance of Town
Hall, located at 170 MacGregor Avenue, Estes Park, Colorado.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
REVISED 01-08-2021
Page 21
Page 22
PUBLIC WORKS Memo
To: Honorable Mayor Wendy Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, CAPP, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: January 12, 2021
RE: Resolution 02-21 Correcting Clerical Errors in Resolution 71-20
Establishing 2021 Parking Fees
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Adoption of Resolution 02-21 Correcting Clerical Errors in Resolution 71-20.
Present Situation:
The Town Board unanimously approved Resolution 71-20 Establishing 2021 Parking
Fees at their regular meeting on November 24, 2020. During this meeting, Public Works
staff were asked to clarify/confirm the following:
1. The total number of spaces reserved without fee for persons with disabilities (Resolution
Item #4); and
2. The increases made to the total number of spaces reserved for civil access to the Post
Office, Town Hall and Library (Resolution Item #5) were reflected in the overall totals
represented in the totals for all parking areas (Resolution Item #3).
Staff did not have the information needed to confirm the numbers during the meeting, so
the Resolution was passed as presented and staff indicated that they would follow up
after confirming the two items in question.
Public Works staff have determined that the following minor updates to the adopted
Resolution need to be made:
1. Resolution Item #4: Increase the total number of spaces reserved without fee for
persons with disabilities from 27 to 28.
2. Resolution Item #3:
• Decrease the total number of seasonal paid parking stalls from 703 to 682.
• Decrease the number of seasonal paid parking stalls in the Town Hall parking
area from 240 to 224. Page 23
• Decrease the number of seasonal paid parking stalls in the Post Office from 91 to
86.
While these changes do not change the intent of Resolution 71-20, Public Works staff
thought it important to follow up with the Town Board and amend Resolution 71-20 so
that it accurately reflects what will be implemented in the field in summer 2021.
Proposal:
Public Works staff recommend approval of Resolution 02-21 Correcting Clerical Errors
in Resolution 71-20.
Advantages:
• This resolution provides for continued transparent communication with the Town
Board and community regarding the plan to resume implementation of seasonal
paid parking in 2021.
Disadvantages:
• No disadvantages identified for amending a resolution to reflect the most
accurate and up to date information that staff has available.
Action Recommended:
PW staff recommends the Town Board adopt Resolution 02-21 Correcting Clerical
Errors in Resolution 71-20.
Finance/Resource Impact:
Resuming implementation of seasonal paid parking in 2021 will require a future budget
supplement to cover a one-time capital investment of $127,000, $373,719 in annual
operating funds, and $48,000 in annual management fees totaling $548,719 in new
program-related costs for 2021. These additional implementation costs are projected to
be fully offset/covered by new parking revenue (gross revenue estimated at $792,000),
with an estimated net revenue of $243,481. The expense and revenue projections have
been updated to reflect the resolution updates outlined in this memo and are based on a
conservative 55% average occupancy. Both revenue estimates and cost projections
were prepared by the Town’s professional parking operator, The Car Park, and have
been vetted by Public Works staff. The Car Park’s proposed 2021 budget to implement
seasonal paid parking is available upon request.
Level of Public Interest
While Staff generally expects a high level of public interest in any activity related to the
implementation of seasonal paid parking, interest in this minor amendment is low.
Sample Motion:
I move for the approval/denial of Resolution 02-21.
Attachments:
1. Resolution 02-20 Correcting Clerical Errors in Resolution 71-20.
2. Resolution 71-20 Establishing 2021 Parking Fees
Page 24
RESOLUTION 02-21
CORRECTING CLERICAL ERRORS IN RESOLUTION 71-20
WHEREAS, the Board of Trustees of the Town of Estes Park on November 24,
2020 adopted Resolution 71-20 Setting Paid Parking Fees For 2021, Establishing Parking
Permit Fees, and Adopting Parking Permit Rules and Regulations; and
WHEREAS, Resolution 71-20 contained clerical errors to be corrected herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: Section 3 of Resolution 71-20 is amended by the addition of underlined
material and the deletion of stricken material, to read as follows:
Daily parking fees shall be collected for 682703 parking stalls (312% of 2,174
total stalls available system-wide and 678% of the 1,022 stalls located in the
downtown core) in eight public parking lots as follows: the Town Hall parking lot
(22440 of 281 stalls), East Riverside parking lot (41 of 44 stalls), Riverside
parking lot (91 of 94 stalls), Wiest parking lot (132 of 141 stalls), Post Office
parking lot (8691 of 99 stalls), Tregent parking lot (16 of 17 stalls), Virginia
parking lot (19 of 20 stalls) and Bond Park parking areas (73 of 76 stalls). The
Parking & Transit Manager shall determine which specific stalls within these lots
shall be designated as paid parking stalls, consistent with these totals, and shall
ensure that they are conspicuously so designated.
Section 2: Section 4 of Resolution 71-20 is amended by the addition of underlined
material and the deletion of stricken material, to read as follows:
Daily parking fees shall not apply to the 287 stalls marked for disabled persons in
these parking lots: Town Hall (10 stalls), Post Office (4 stalls), Bond Park (3
stalls), Tregent (1 stall), Wiest (4 stalls), Riverside (2 stalls), Virginia (1 stall) and
E. Riverside (3 stalls).
Section 3: 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 , 2021.
ATTACHMENT 1
Page 25
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 26
ATTACHMENT 2
Page 27
Page 28
Page 29
Page 30
Town Attorney’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Dan Kramer, Town Attorney
Date: January 12, 2021
RE: Resolution 03-21 Approving a Waiver and Release Agreement with the
Colorado Economic Development Commission, City of Loveland, Town of
Windsor, Larimer County, and the Northern Colorado Regional Tourism
Authority
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve an agreement the Colorado Attorney General’s Office has identified as
necessary in order to restructure state financing for the Stanley Film Center.
Present Situation:
In 2015, the Colorado Economic Development Commission approved state funding
under the Regional Tourism Act for a package of development projects in northern
Colorado. One of these projects is the Stanley Film Center, a proposed auditorium and
related attractions on the Stanley campus. The Stanley’s share of the approved funding
is capped at about $46 million.
The Stanley has requested an extension of its deadline to commence substantial work
on the project, an extension of the financing term from 30 to 40 years, and the ability to
shift the financing entity for the Film Center project from the Northern Colorado Regional
Tourism Authority to another body. The State is willing to accommodate these
requests, but is first requiring the Town and the other local governments involved to
agree not to sue the State regarding the approval.
The Town’s role in these affairs was as the applicant for the funding under the Regional
Tourism Act. The Town does not manage the money and is not accountable for the
project.
Proposal:
Approve the Waiver and Release Agreement as drafted by the State.
Page 31
Advantages:
Continued potential for a significant state-funded economic development project in the
Town.
Disadvantages:
Forgo the opportunity to challenge the state approval in court. However, the Town
would be supporting the approval.
Action Recommended:
Approve the agreement.
Finance/Resource Impact:
No direct impact to Town finances, but indirect positive impact to the Town’s economy
and tax revenue estimated in the many millions of dollars over many years.
Level of Public Interest
The Stanley Film Center is probably of high interest, but this procedural step is probably
of low interest.
Sample Motion:
I move for the approval of Resolution 03-21.
Attachments:
1. Resolution 03-21 Approving a Waiver and Release Agreement with the Colorado
Economic Development Commission, City of Loveland, Town of Windsor,
Larimer County, and the Northern Colorado Regional Tourism Authority
2. Waiver and Release Agreement
3. Exhibit A to Agreement: Resolution No. 4 of the Colorado Economic
Development Commission (can be linked)
4. Exhibit B to Agreement: Motion for Consideration by the Colorado Economic
Development Commission
Page 32
RESOLUTION 03-21
APPROVING A WAIVER AND RELEASE AGREEMENT WITH THE COLORADO
ECONOMIC DEVELOPMENT COMMISSION, CITY OF LOVELAND, TOWN OF
WINDSOR, LARIMER COUNTY, AND THE NORTHERN COLORADO REGIONAL
TOURISM AUTHORITY
WHEREAS, the Town Board wishes to enter a waiver and release agreement
referenced in the title of this resolution for the purpose of structuring Regional Tourism
Act funding for the Stanley Film Center.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the waiver and release
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 33
Page 1 of 12
WAIVER AND RELEASE AGREEMENT
This Waiver and Release Agreement (“Agreement”) is entered into between the State of
Colorado, acting by and through the Colorado Economic Development Commission
Commission”), the City of Loveland, Town of Windsor, Town of Estes Park, and Larimer
County (collectively, the “Local Governments”), and the Northern Colorado Regional Tourism
Authority (“NCRTA”). Throughout this Agreement, the Commission, Local Governments, and
NCRTA also are referred to collectively as the “Parties,” and individually as a “Party.”
RECITALS
WHEREAS, pursuant to C.R.S. § 24-3-101, the Commission is an agency of the State of
Colorado;
WHEREAS, the City of Loveland is a home rule municipality and Colorado municipal
corporation and, with respect to the application and award described below, is authorized to act by
and through its City Manager; and
WHEREAS, the Town of Windsor is a home rule municipality and Colorado municipal
corporation and, with respect to the application and award described below, is authorized to act by
and through its Mayor; and
WHEREAS, the Town of Estes Park is a statutory town and Colorado municipal
corporation and, with respect to the application and award described below, is authorized to act by
and through its Mayor; and
WHEREAS, Larimer County is a political subdivision of the State of Colorado and, with
respect to the application and award described below, is authorized to act by and through its County
Manager; and
WHEREAS, NCRTA is a body corporate and politic of the State of Colorado established
pursuant to Part 3 of Article 46 of Title 24, C.R.S., and is authorized to act by and through its
Board; and
WHEREAS, the Commission is responsible for reviewing and approving local government
applications for awards of state sales tax increment revenue to support regional tourism projects
under the Colorado Regional Tourism Act, §§ 24- 46-301, through 24- 46-310, C.R.S. (2020)
RTA” or “Act”); and
WHEREAS, by application dated February 17, 2015, the Local Governments, acting by
and through their jointly created 501(c)(3) nonprofit, Go NoCO, sought a state sales tax increment
revenue award under the Act to support a regional tourism project known as the “Go NoCO
Project” (“ Project”), which is comprised of four elements known as the Stanley Film Center, the
PeliGrande Resort & Windsor Conference Center, the Indoor Waterpark Resort of the Rockies,
and the U.S. Whitewater Adventure Park (collectively, the “Project Elements”); and
ATTACHMENT 2
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WHEREAS, after determining that the proposed Project materially met each of the criteria
for approval set forth in C.R.S. 24-46-304(3) of the Act, the Commission voted to approve an
award of state sales tax increment revenue for the Project on November 12, 2015, and authorized
NCRTA to act as the Financing Entity for the Project; and
WHEREAS, C.R.S. §§ 24-46-305(3) and (4) of the Act required that, upon approval of an
application submitted by a local government pursuant to the Act, the Commission shall adopt a
written resolution specifying: (a) the local government that has been approved to undertake a
regional tourism project; (b) the area of the regional tourism zone; (c) whether the Commission
has authorized the creation of a regional tourism authority; (d) the percentage of state sales tax
increment revenue that will be dedicated to the regional tourism project; and (e) any conditions of
approval imposed by the Commission and incorporated in writing into the Commission’s
resolution of approval; and
WHEREAS, on December 22, 2015, the Commission adopted Resolution No. 4
governing the award of state sales tax increment revenue to the Project, including a Minimum
Element Allocation Percentage dedicated to each Project Element, during the Financing Term of
thirty (30) years from November 12, 2015; and
WHEREAS, the Parties intend that all capitalized words and terms contained in, but not
expressly defined by, this Agreement, including these recitals, shall have the same meanings as
those defined by the Act and/or Resolution No. 4, as previously amended by the motion carried
by the Commission on August 31, 2020, collectively attached hereto as Exhibit A, and
collectively referred to hereinafter as “Resolution No. 4, as previously amended”; and
WHEREAS, C.R.S. § 24-46-309(2) of the Act and Resolution No. 4, as previously
amended, require substantial work toward the goals specified in the application and the
Commission’s conditions of approval for each individual Project Element to commence within
five years of November 12, 2015, subject to a one-year extension of the commencement deadline
by the Commission upon a showing of good cause for the delay; and
WHEREAS, if substantial work toward the goals specified in the application and the
Commission’s conditions of approval for each remaining Project Element does not commence
by November 12, 2020, then C.R.S. § 24-46-309(2) of the Act and Resolution No. 4, as
previously amended, provide that the Commission may revoke or modify its approval of the
Financing Entity or the remaining Project Element(s); and
WHEREAS, C.R.S. § 24-46-309(2) of the Act requires that, if substantial work toward
the goals specified in the application and the Commission’s conditions of approval in Resolution
No. 4, as previously amended, for each remaining Project Element does not commence within
any one-year extension granted by the Commission, then the Commission shall revoke approval
of the Project Element(s); and
WHEREAS, in a letter dated August 27, 2020 sent to Office of Economic Development
International Trade (“OEDIT”) staff by Martin Lind, the sponsor/developer for the PeliGrande
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Resort & Windsor Conference Center Project Element, notified the Commission that his
company would no longer be pursuing development of the Project Element; and
WHERAS, neither the Town of Windsor, Mr. Lind, nor the NCRTA submitted a written
request to the Commission before November 12, 2020 seeking an extension of the
commencement of substantial work deadline and proposing permissible modifications to the
PeliGrande Resort & Windsor Conference Center Project Element for the Commission’s
consideration; and
WHEREAS, the Commission is inclined to revoke its approval of the PeliGrande Resort
Windsor Conference Center Project Element as authorized under C.R.S. § 24-46-309(2) of
the Act and Resolution No. 4, as previously amended; and
WHEREAS, at the request of the NCRTA and Local Governments, the Commission
adopted a motion at its August 31, 2020 meeting modifying the Project by combining the Indoor
Waterpark Resort of the Rockies and the U.S. Whitewater Adventure Park Project Elements into
a single, integrated Project Element known as the “Loveland Whitewater Adventure Park &
Resort” and making certain amendments to the original Resolution No. 4; and
WHEREAS, in a writing dated October 15, 2020 that was submitted to the Commission
on behalf of the City of Loveland and the Town of Estes Park and expressly supported by all four
Local Governments, the NCRTA requested a one-year extension of the November 12, 2020
commencement of substantial work deadline for only the Loveland Whitewater Adventure Park
Resort and the Stanley Film Center Project Elements to November 12, 2021; and
WHEREAS, the City of Loveland, Town of Estes Park, and NCRTA also jointly
requested that the Commission consider modifying the Project and making certain additional
amendments to Resolution No. 4, as previously amended on August 31, 2020, specifically
relating to the percentage of state sales tax increment revenue dedicated to the Project, the length
of the Financing Term, and several of the existing terms and conditions of approval concerning
payment of the total cumulative dollar limit of $86,119, 375.00; and
WHEREAS, the Commission is inclined to grant a one-year extension of the November
12, 2020 commencement of substantial work deadline for only the Loveland Whitewater
Adventure Park & Resort and the Stanley Film Center Project Elements, and to make some, but
not all, of the requested modifications referenced in the immediately preceding recital, and
anticipates voting on whether to do so at its next regular meeting on January 21, 2021; and
WHEREAS, assuming the Commission grants such an extension and approves certain
modifications at its January 21, 2021 meeting, the Town of Estes Park has indicated that, after
that date but before the November 12, 2021 commencement of substantial work deadline, it may
request that the Commission modify its approval of the NCRTA as the Financing Entity for the
Stanley Film Center Project Element and instead approve another entity to serve as the Financing
Entity for the Stanley Film Center Project Element; and
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WHEREAS, the Commission is inclined to approve such a request by the Town of Estes
Park to modify the Financing Entity for the Stanley Film Center Project Element provided that
the NCRTA consents in writing to the modification at the time the request is made; and
WHEREAS, one or more of the Local Governments and/or the NCRTA may in the future
assert administrative, state, and/or federal causes of action, at law or in equity, related to their
respective interests under the Act and/or Resolution No. 4, as previously and hereafter amended
by adoption of the motion attached hereto as Exhibit B, against the State of Colorado, including,
without limitation, the Commission, OEDIT, the Colorado Department of Revenue, the Governor
and/or his Office, Colorado Risk Management, and all current and former commissioners,
employees, officials, agents, and attorneys of each of those entities (collectively referred to
hereinafter as, “the State”); and
WHEREAS, the Parties wish to avoid the expense and vagaries of litigation and, in
exchange for the Commission granting a one-year extension of the November 12, 2020
commencement of substantial work deadline for only the Loveland Whitewater Adventure Park &
Resort and the Stanley Film Center Project Elements, approving only some requested modifications
to the Project, and making certain amendments to Resolution No. 4 that are specifically described
in the motion attached hereto as Exhibit B, the Local Governments and NCRTA are willing to
waive and release all rights, claims, and remedies against the State for any act or omission arising
out of or relating to the Commission’s interpretation and implementation of the Act , including its
powers and duties thereunder, and its later adoption of a written amended Resolution No. 4, as
previously amended on August 31, 2020 and hereafter amended in conformity with the motion
attached hereto as Exhibit B (collectively referred to hereinafter as, “Amended Resolution No. 4”),
on the terms set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual and unilateral undertakings,
covenants, obligations, promises, and warranties of the Parties, the legal sufficiency of which is
hereby acknowledged, the Parties agree as follows:
OBLIGATIONS OF LOCAL GOVERNMENTS AND NCRTA
RELATING TO THE PROJECT
1. WAIVER. In all respects relating specifically to the State’s actions in granting a
one-year extension of the November 12, 2020 commencement of substantial work deadline for only
the Loveland Whitewater Adventure Park & Resort and the Stanley Film Center Project Elements,
approving only some requested modifications to the Project, and making the amendments to
Resolution No. 4 set forth in the motion attached hereto as Exhibit B, the Local Governments and
NCRTA, including the respective officials, employees, successors, agents, and assigns of each,
each hereby waives and relinquishes all rights, claims, and remedies, which it has, or may have, at
law or in equity, against the State, including, without limiting the generality of the foregoing, for
any act or omission arising out of or relating to the Commission’s interpretation and
implementation of the Act, including its powers and duties thereunder, and its later adoption of
Amended Resolution No. 4. Specifically, but not by way of limitation, the Local Governments
and NCRTA each waives the right to seek specific performance against the State as a remedy for
any of the following claims:
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Any claim under C.R.S. §§
24-46-301, through -310,
as currently enacted or
subsequently amended.
Any claim arising under
any State statute, such as
C.R.S. §§ 24-4-101,
through -108.
Any claim arising under
any State rule of civil
procedure, such as
C.R.C.P. 106.
Any claim seeking
declaratory, injunctive, or
other equitable relief.
Any claim in tort, contract,
or for violation of the
covenant of good faith and
fair dealing.
Any other claim of any
type whatsoever, arising
out of federal law, the
common law of any State,
any State statute, any local
law, or any administrative
procedure or rule.
2. RELEASE. In all respects relating specifically to the State’s actions in granting a
one-year extension of the November 12, 2020 commencement of substantial work deadline for only
the Loveland Whitewater Adventure Park & Resort and the Stanley Film Center Project Elements,
approving only some requested modifications to the Project, and making the amendments to
Resolution No. 4 set forth in the motion attached hereto as Exhibit B, the Local Governments and
NCRTA, including the respective officials, employees, successors, agents, and assigns of each,
each hereby releases the State from any and all claims, causes of action, liabilities, expenses and/or
damages which the Local Governments and NCRTA may have or assert against the State as a
result of any acts by the State which occurred before or after the effective date of this Agreement,
or omissions by the State to perform acts which should have been performed before or after the
effective date of this Agreement, including, without limiting the generality of the foregoing, any
act or omission arising out of or relating to the Commission’s interpretation and implementation
of the Act, including its powers and duties thereunder, and its later adoption of Amended
Resolution No. 4. Specifically, but not by way of limitation, the Local Governments and NCRTA
each releases the following claims:
Any claim under C.R.S. §§
24-46-301, through -310,
as currently enacted or
subsequently amended.
Any claim arising under
any State statute, such as
C.R.S. §§ 24-4-101,
through -108.
Any claim arising under
any State rule of civil
procedure, such as
C.R.C.P. 106.
Any claim seeking
declaratory, injunctive, or
other equitable relief.
Any claim in tort, contract,
or for violation of the
covenant of good faith and
fair dealing.
Any other claim of any
type whatsoever, arising
out of federal law, the
common law of any State,
any State statute, any local
law, or any administrative
procedure or rule.
3. COVENANT NOT TO SUE. In all respects relating specifically to the State’s
actions in granting a one-year extension of the November 12, 2020 commencement of substantial
work deadline for only the Loveland Whitewater Adventure Park & Resort and the Stanley Film
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Center Project Elements, approving only some requested modifications to the Project, and making
the amendments to Resolution No. 4 set forth in the motion attached hereto as Exhibit B, the Local
Governments and NCRTA each further agrees and covenants that it has not and will not sue, or
assert any administrative, state, or federal cause of action, at law or in equity, whether before a
court of law or an administrative agency, against the State for any claims, causes of action,
liabilities, expenses and/or damages arising out of any acts by any of them which occurred before
or after the effective date of this Agreement, or omissions by any of the State to perform acts which
should have been performed before or after the effective date of this Agreement, including, without
limiting the generality of the foregoing, any act or omission arising out of or relating to the
Commission’s interpretation and implementation of the Act, including its powers and duties
thereunder, and its later adoption of Amended Resolution No. 4.
4. SOLE OWNER OF CLAIMS. In all respects relating specifically to the State’s
actions in granting a one-year extension of the November 12, 2020 commencement of substantial
work deadline for only the Loveland Whitewater Adventure Park & Resort and the Stanley Film
Center Project Elements, approving only some requested modifications to the Project, and making
the amendments to Resolution No. 4 set forth in the motion attached hereto as Exhibit B, the Local
Governments and NCRTA each represents and agrees that it is the sole owner of its respective
claims purported to be released hereby, that it has not assigned or transferred any such claim
against the State to any third party before the effective date of this Agreement, and that it will not
assign or transfer any such claim against the State to any third party after the effective date of this
Agreement. The Local Governments and NCRTA each further represents and warrants that no
third party is subrogated to its interest in those claims released hereby, including but not limited to
insurers, parent companies or subsidiaries subrogated by reason of payment of costs or expenses,
or, if any third party has been subrogated to its interest in such claims, the interest of any subrogee
has been settled, compromised and extinguished. To the extent permitted by law, the Local
Governments and NCRTA each agrees to defend and indemnify the State from such claims
released hereby and hold the State harmless against such claims if held by any assignee or
subrogee.
5. OPEN RECORDS ACT AND OTHER RELEASES PROVIDED BY LAW. The
Local Governments and NCRTA each understands and agrees that upon a valid request made
pursuant to applicable open records laws, including, without limitation, the provisions of the
Colorado Open Records Act, § 24-72-101, et seq., C.R.S. (2019), as presently enacted or
subsequently amended, the State is obligated to provide the requesting person a copy of this
Agreement. The Local Governments and NCRTA each agrees that it will not hold the State liable
for any public disclosure of this Agreement in compliance with applicable law.
6. ATTEST AND ACKNOWLEDGMENT OF AMENDED RESOLUTION NO. 4.
After this Agreement has been fully executed by all Parties, the Commission has approved the
motion attached hereto as Exhibit B at its January 21, 2021 meeting, and the Commission has
adopted Amended Resolution No. 4 nunc pro tunc at a later meeting, the Local Governments and
NCRTA each agree that their respective authorized signatories will execute the “ATTEST AND
ACKNOWLEDGEMENT” portions of Amended Resolution No. 4 without delay.
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OBLIGATIONS OF THE STATE OF COLORADO
7. ADOPTION OF AMENDED RESOLUTION NO. 4. After this Agreement has
been fully executed by all Parties, the Commission will approve the motion attached hereto as
Exhibit B at its January 21, 2021 meeting, and adopt Amended Resolution No. 4 nunc pro tunc at
a later meeting.
GENERAL PROVISIONS
8. NO ADMISSION OF LIABILITY. By entering into this Agreement, the Parties
do not admit to any impropriety, wrongdoing, or liability of any kind whatsoever, but are entering
into this Agreement in compromise of any claims, causes of action, liabilities, expenses and/or
damages arising out of any acts which occurred before the effective date of this Agreement, or
omissions which should have been performed before the effective date of this Agreement,
including, without limiting the generality of the foregoing, any act or omission arising out of or
relating to the Commission’s interpretation and implementation of the Act, including its powers
and duties thereunder, and its later adoption of Amended Resolution No. 4. The Parties agree that
this Agreement does not constitute evidence of, or an admission of any liability, omission, or
wrongdoing of any kind by the Parties. This Agreement shall not be offered or received into
evidence or otherwise filed or lodged in any proceeding against a Party except as may be necessary
to prove and enforce its terms.
9. INTEGRATION. The Parties understand, acknowledge and agree that this
Agreement constitutes the entire agreement of the Parties regarding the subject matter and
transactions referred to herein. The Parties understand, acknowledge and agree that the terms of
this Agreement are contractual in nature and not mere recitals. As such, the Parties understand,
acknowledge and agree that this Agreement is fully integrated and supersedes all previous oral or
written agreements of the Parties.
10. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding
upon, the successors, assigns, and heirs of the Parties.
11. NO THIRD PARTY BENEFICIARY RIGHTS. No person or entity not a Party to
this Agreement is an intended beneficiary of this Agreement, and no person or entity not a Party
to this Agreement shall have any right to enforce any term of this Agreement.
12. GOVERNING LAW. This Agreement is entered into in the State of Colorado, and
shall be governed by the laws of the State of Colorado.
13. HEADINGS. The headings used in this Agreement are for the convenience of the
Parties only. As such, these headings shall not have any legal effect whatsoever or, in any other
way alter or modify the meaning or interpretation of the substantive terms of this Agreement.
14. ADDITIONAL ASSURANCES. This Agreement is intended to be self-operative.
Notwithstanding the foregoing, the Parties agree that, at the reasonable request of the other party,
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Page 8 of 12
they shall execute any further documents or instruments reasonably necessary to effectuate the
transactions contemplated by this Agreement, including specifically Amended Resolution No. 4.
15. SEVERABILITY. If any provision of this Agreement is declared unenforceable
by a court of competent jurisdiction, then the remaining provisions of this Agreement shall
continue to be binding upon the Parties.
16. COSTS. The Parties agree that each Party shall bear its own costs and attorney
fees, if any.
17. EXECUTION IN COUNTERPARTS OR BY FACSIMILE. This Agreement may
be executed in counterparts or with signatures obtained via facsimile or email transmission, each
of which shall have full force and effect upon execution by all Parties to this Agreement.
18. VALIDITY/EFFECTIVE DATE. This Agreement shall not be deemed valid until
it has been signed by the Commission’s Chair at the direction of a majority of a quorum of
commissioners. The effective date of this Agreement is the date that it is signed by the
Commission’s Chair at the direction of a majority of a quorum of commissioners.
19. WARRANTIES. The Parties expressly warrant that they have carefully and
completely read the terms of this Agreement. The Parties expressly warrant that they have had the
opportunity to consult with legal counsel before executing this Agreement, that they fully
understand the terms of this Agreement, and that they enter into this Agreement knowingly and
voluntarily, and without coercion, duress or undue influence. The Parties expressly warrant that
their respective signatories each has full authority to act in signing this Agreement. The Parties
expressly acknowledge that they believe the terms of this Agreement are appropriate to reach a
full and final resolution of this matter. The Parties expressly understand and agree that the signing
of this Agreement shall be forever binding, and no rescission, modification or release of the Parties
from the terms of this Agreement will be made for mistake or any other reason. The Parties
represent that they are legally competent to execute this Agreement and accept full responsibility
and assume the risk of any mistake of fact as to any damages, losses, or injuries, whether disclosed
or undisclosed, sustained as a result of any act or omission arising out of or relating to the
Commission’s interpretation and implementation of the Act, including its powers and duties
thereunder, and its later adoption of Amended Resolution No. 4, any claim brought or which could
have been brought, or any other matter between the Parties occurring up to the effective date of
this Agreement. The Parties further warrant and acknowledge that no promise or inducement has
been offered except as set forth herein and that this Agreement was executed by them without
reliance upon any statement or representation by the persons or Parties released or their
representatives concerning the nature or extent of any damages or any legal liability therefore. The
Parties acknowledge that entering into this Agreement is not an admission by any Party of any
wrongful or improper action, but rather reflects the Parties’ mutual desire to resolve this matter
amicably and without additional expense or litigation.
20. AMENDMENT. This Agreement may not be amended except in a writing setting
forth such amendment and executed by all Parties.
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21. ENFORCEABILITY. The Parties expressly acknowledge that this Agreement
shall be governed by the laws of the State of Colorado and shall be enforceable in accordance with
its terms only in Colorado state courts of competent jurisdiction. Court jurisdiction and venue for
any disputes arising out of this Agreement shall exclusively be in the Denver District Court for
Colorado’s Second Judicial District.
CAUTION: THIS IS A RELEASE. READ BEFORE SIGNING.
WHEREFORE, the Parties agree to and do accept the terms of this Agreement.
Remainder of page intentionally left blank]
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CITY OF LOVELAND, COLORADO
DATE By: Stephen C. Adams, City Manager
ATTEST:
By: Hannah Hill, Acting City Clerk
APPROVED AS TO FORM:
By: Moses Garcia, City Attorney
TOWN OF ESTES PARK,
COLORADO
DATE By: Wendy Koenig, Mayor
ATTEST: _______________________
By: Jackie Williamson, Town Clerk
APPROVED AS TO FORM:
By: Dan Kramer, Town Attorney
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TOWN OF WINDSOR, COLORADO
DATE By: Paul Rennemeyer, Mayor
ATTEST: _______________________
By: Karen Frawley, Town Clerk
APPROVED AS TO FORM:
By: Ian D. McCargar, Town Attorney
LARIMER COUNTY, COLORADO
DATE By: Linda Hoffman, County Manager
ATTEST: _______________________
By: Angela Myers, County Clerk
APPROVED AS TO FORM:
By: William Ressue, County Attorney
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NORTHERN COLORADO
REGIONAL TOURISM AUTHORITY
DATE By: John Fogle, Board Chair
ATTEST:
By: Tiffany Villavicencio, Board Secretary
COLORADO ECONOMIC
DEVELOPMENT COMMISSION
DATE By: Carrie Schiff, Chair
Page 45
TOWN BOARD MEETING
January 12, 2021
Consent Item 7.
Resolution 03-21 Approving a Waiver and
Release Agreement with the Colorado Economic
Development Commission, City of Loveland,
Town of Windsor, and Larimer County and the
Northern Colorado Regional Tourism
Authority.
Attachment 3 – Exhibit A link
Page 46
RESOLUTION NO. 4
RESOLUTION BY THE COLORADO ECONOMIC DEVELOPMENT
COMMISSION CONCERNING THE REGIONAL TOURISM ACT AWARD TO
THE CITY OF LOVELAND, TOWN OF WINDSOR, TOWN OF ESTES PARK,
AND LARIMER COUNTY FOR THE “GO NOCO PROJECT”
WHEREAS, the Colorado Economic Development Commission (the “Commission”) is
charged with the responsibility for the review and approval of local government applications
requesting the dedication of new state sales tax revenue to support regional tourism projects
pursuant to the Colorado Regional Tourism Act, Part 3 of Article 46, Title 24, C.R.S. (the
Act”); and
WHEREAS, by application dated February 17, 2015[ (the “Application”), the City of
Loveland, Town of Windsor, Town of Estes Park, and Larimer County, acting by and through
their jointly created 501(c)(3) non-profit, Go NoCO (collectively, the “Applicants”), requested
the dedication of such state sales tax revenue to support a regional tourism project generally
referred to as the “Go NoCO Project,” and as more specifically described below in this
Resolution No. 4; and
WHEREAS, the Application materially met each of the following criteria as set forth in
C.R.S. § 24-46-304(3) of the Act: (a) the project is of an extraordinary and unique nature and is
reasonably anticipated to contribute significantly to economic development and tourism in the
state and the communities where the project is located; (b) the project is reasonably anticipated
to result in a substantial increase in out-of-state tourism; (c) a significant portion of the sales tax
revenue generated by the project is reasonably anticipated to be attributable to transactions with
nonresidents of the requested regional tourism zone; and (d) the applicant has provided reliable
economic data demonstrating that, in the absence of state sales tax increment revenue, the project
is not reasonably anticipated to be developed within the foreseeable future; and
WHEREAS, following review by the state’s third party analyst, review of the
recommendations provided by the Executive Director the Colorado Economic Development
Commission, and after conducting a public hearing as required by the Act, a majority of the
Commissioners participating in the review of the Application voted to approve an award of state
sales tax increment revenue to the Go NoCO Project on November 12, 2015; and
WHEREAS, on December 10, 2015, the Commission voted to set the percentage of state
sales tax increment revenue dedicated to the Go NoCO Project at a value that, in the best
estimation of the Commission, will result in only the net new revenue likely created by the
project and related development being dedicated to the financing entity as required by C.R.S. §
24-46-305(3)(d) of the Act; and
WHEREAS, C.R.S. §§ 24-46-305(3 – 4) and 24-46-303(6 – 7) of the Act require the
Commission to adopt a resolution specifying: (a) the local government that has been approved to
undertake a regional tourism project; (b) the area of the regional tourism zone; (c) whether the
Commission has authorized the creation of a regional tourism authority; (d) the total cumulative
dollar amount and percentage of state sales tax increment revenue that will be dedicated to the
EXHIBIT A
EXHIBIT A
1
REGIONAL TOURISM ACT TERMS AND CONDITIONS AND FINANCING
RECOMMENDATION LETTER FROM THE OFFICE OF ECONOMIC DEVELOPMENT AND
INTERNATIONAL TRADE (“OEDIT”)
BY EXECUTIVE DIRECTOR, FIONA ARNOLD, TO THE ECONOMIC DEVELOPMENT
COMMISSION (“Commission” or “EDC”)
December 4, 2015
This letter is a follow-up to my November 9, 2015, letter recommending that the EDC approve the Go NoCO
Regional Tourism Act (“RTA”) application subject to certain conditions. As required by C.R.S. § 24-46-305, I
am completing my responsibility to recommend “that the Commission approve or deny the application, or
approve the application with conditions.” This letter contains additional conditions that I am strongly
recommending the EDC apply to the Go NoCO approval to include in the final written resolution and protect
the State’s interests.
APPLICANT: City of Loveland, Town of Windsor, Town of Estes Park, and Larimer County (collectively
operating and referred to as “Go NoCO” or “Applicant”).
PROJECT NAME: Go NoCO (“Project”).
PROJECT DESCRIPTION: The Go NoCO Project has four distinct elements intended to create a tourism
destination in northern Colorado, as summarized in the table below.
Element
Name
Description Size Cost Target
Opening
Stanley
Film
Center
Located on the grounds of the Stanley Hotel in the Town
of Estes Park, this non-profit dedicated to celebrating the
horror film genre will include, as described in the
application, a “world class” 500-seat film auditorium, 45-
seat VIP theater, 300-seat and 50-seat outdoor
amphitheaters, horror film museum and discovery center
that will exhibit “crown-jewel” genre artifacts, a film
archive (notably the “world’s largest horror film
archive”), a green screen and Foley sound stage
interactive experience, classroom and seminar space, film
production spaces including editing facilities and a sound
stage, and retail concessions.
43,350 SF
building
9,700
outdoor SF
24.5M 2018
PeliGrande
Resort &
Windsor
Conference
Center
Set at an expansive lakefront development in the Town of
Windsor, this would be northern Colorado’s only 4-star
resort (300 rooms) and conference center (58,500 SF of
ballroom/meeting space). It will be adjacent to Pelican
Lakes Golf course in Water Valley and near the planned
Raindance National Golf course. The PGA Champions
tour has pledged to bring an event to Raindance
immediately following completion of the golf course if
the PeliGrande is built, and a second-in-the-nation
destination Boat House Restaurant (similar to the one in
Orlando) will be a part of the resort.
309,514 SF
building
109.9M 2018
Indoor
Waterpark
Resort of
the
Rockies**
Located in the City of Loveland, as described in the
application, this will be an immersive “first of its kind,”
new generation,” family-friendly indoor and outdoor
waterpark (75,000 SF indoor/55,000 SF outdoor) and
hotel (300 themed guestrooms), along with a family
entertainment center and meeting space.
449,495 SF
building
138.3M 2018
EXHIBIT A
2
U.S.
Whitewater
Adventure
Park**
Located in the City of Loveland and adjacent to the
proposed indoor waterpark hotel. This would be one of
only four whitewater parks of its kind in the U.S. and
would include the following features: a design to Olympic
standards, 2,200 linear feet pumped water whitewater
channel with class 1-6 rapids, adventure tubing, lazy river,
plus dry sports amenities such as rock climbing, ropes
courses, canyoneering, zip lines, retail concessions, and
group event space.
20 Acre
whitewater
system
34,000 SF
of buildings
60.9M 2018
TOTAL PROJECT COSTS ACROSS ALL ELEMENTS $333,763,000
From a water conservation perspective, the Applicant has stated that the developers are designing the Whitewater Park and Waterpark Resort utilizing the most recent
advancements in water conservation technology. They're also using low flow valves and shower heads. Based on prior Water Park Resort and Adventure Park
experience in the eastern United States, it is estimated that 95 percent of the water provided to these two elements will be reused.
I. STATUTORILY REQUIRED TERMS AND CONDITONS
A. Appendix 1 at the end of this letter provides a list of terms and conditions that the statute proscribes be
determined by the EDC (C.R.S. §§ 24-46-303(3) and 24-46-305(3)(a) to (d)). Where relevant, the
Applicant’s request and the Third Party Analyst’s (“TPA”) recommendations are both listed. The final
TPA report is provided as Attachment 1 to this letter.
B. The TPA and the Applicant have both provided detailed information supporting their respective
opinions, in writing and through a thorough public process, as to the total state sales tax incremental
revenue that would be generated from the project. The EDC, having approved the project, now has the
discretion to determine the appropriate percentage of sales tax revenue and the total cumulative dollar
cap of incremental revenue that will be diverted to this Project.
C. Pursuant to C.R.S. § 24-46-305, “the commission shall not approve any project that, if approved, would
likely create a state sales tax revenue dedication of more than fifty million dollars to all regional tourism
projects in any given year.” OEDIT staff has reviewed the projected cash flows of all approved RTA
projects including Denver and Go NoCO, and even if the Denver and Go NoCO projects both receive
their full requested amounts, it is unlikely that all regional tourism projects would collectively receive
more than fifty million dollars in state sales tax revenues in any given year.
II. RECOMMENDED TERMS, CONDITIONS AND GUARDRAILS
A. STANLEY FILM CENTER
As I described in my previous recommendation to approve letter, the Stanley Film Center (“SFC”) is a start-
up non-profit that will require the development of continuous, ongoing, changing and very high quality
content and programming that is not inherent in the physical attributes of the facility in order to draw in net
new out of state visitors. Furthermore, because the center does not yet have an endowment, operating funds
or own any film archives or “crown jewel artifacts” which are critical to its success, it is important that the
EDC develop substantial guardrails and conditions for this element. This will help to ensure the assumed
net new tourism benefits to the state are achieved over the anticipated 30-year period.
The SFC will submit an annual affirmation to the Commission no later than March 31 of each year that the
SFC is being operated in the manner set forth in the approved application, such as:
Operating a horror genre museum with rotating and permanent exhibits of “crown jewel artifacts”
and interactive film-related experiences;
Hosting classes, seminars, and workshops related to film and the horror genre;
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Maintaining the “world’s largest archive of horror films;” and
Hosting regular film screenings, festivals, and special events related to the horror genre.
At the request of OEDIT or the EDC, the SFC shall provide additional information supporting the
affirmation.
Before RTA funds or bond proceeds supported by RTA funds (“RTA Funds”) can be used to
reimburse Eligible Costs (defined below) for the SFC, apart from debt service and financing costs or
minor administrative expenses incurred by the Financing Entity, the following requirements must be
met:
The non-profit entity that will operate the SFC will be created and the Board of Directors established
with at least 9, but no more than 12, voting members.
o All but one member must be independent from the Stanley Hotel and Grand Heritage Hotel
Group and their employees, owners and family members.
o They shall be experienced film school or film industry professionals.
o One voting board member shall be appointed by the OEDIT Film Commissioner and one
voting Board member shall be appointed by the OEDIT Executive Director.
Prior to their finalization, the EDC must review and approve the governing documents of the SFC
501c(3) to ensure they comply with the EDC resolution, the RTA statute, and the information provided
by the SFC in the RTA application.
The SFC must own the building where the film center will operate. The Stanley Hotel or the entity
that owns the Stanley Hotel (referred to as “the Stanley Hotel”) and the SFC must execute a 99 year
assignable ground lease to provide the SFC rights to the land where the film center building is situated
for $1.00 per year.
o This lease may also include access to the outdoor facilities (500-seat outdoor amphitheater
and 75-seat outdoor amphitheater) which were included in the SFC application proposal and
are part of the SFC operations.
o Furthermore, the EDC will have final approval in assigning the lease if the SFC no longer
operates the building.
o The lease cannot restrict the method or hours of operation of the SFC or patrons ’ access to
parking.
o Prior to execution, this lease is subject to review and approval by the EDC and the final
executed lease must be provided to the EDC.
If the ground lease does not include the two outdoor amphitheaters included in the SFC application
proposal, the Stanley Hotel must sign a minimum 30-year lease or similar agreement with the SFC,
giving the SFC first priority to use these facilities for $1.00 per year with the right to admissions
revenue for SFC events held in these facilities. Prior to execution, this lease is subject to review and
approval by the EDC and the final executed lease must be provided to the EDC.
Based on commitments made by the Applicant during the application process, the Stanley Hotel must
sign a long-term lease (at least 10 years) with the SFC that includes the following:
o Debt service: The Stanley Hotel will be responsible for servicing private debt incurred to
finance the up-front costs of the SFC, thus leaving the SFC with no debt obligation.
o Utilities: The Stanley Hotel shall negotiate a payment to the SFC which shall be at least
249,000 per year with a growth factor built in to cover utilities. Note that according to the
Applicant’s pro-forma for the SFC, the utilities cost was projected to be $249,000 per year
and the administrative and general expenses will be $686,000 per year in 2018.
o In turn, the lease may allow the Stanley Hotel to operate and receive revenue from the
restaurant and retail concessions and provide catering to the Stanley Film Center.
o The lease must also require the Stanley Hotel to provide in-kind maintenance, landscaping
and parking for the SFC facilities.
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o Prior to execution, this lease is subject to review and approval by the EDC and the final
executed lease must be provided to the EDC.
All non-SFC revenue generating activities held at the SFC building, apart from retail concessions,
restaurant, food service and catering, require arms length agreements and fair market value payments
to the SFC.
The Stanley Hotel will maintain the SFC facilities in excellent condition. In additional to providing
in-kind ongoing maintenance services to the SFC as described above, the Stanley Hotel will also
provide an appropriate contribution each year into a capital maintenance reserve account dedicated to
the SFC. This account is intended to fund periodic capital maintenance costs at the SFC. Such
amount shall be no less than $200,000 per year with a growth factor built in and is separate from and
additional to the lease payment from the Stanley Hotel to the SFC described above. The Applicant’s
pro-forma shows capital maintenance reserve costs starting at $226,000 per year and increasing to
more than $400,000 per year in 2020. This maintenance contribution must be documented in a written
agreement. Prior to execution, this agreement is subject to review and approval by the EDC and the
final executed agreement must be provided to the EDC.
The Stanley Hotel must sign an agreement to provide in-kind digital marketing and social media
services to the SFC. The final executed document must be provided to the EDC.
Per commitments made by the Applicant, the Stanley Hotel must relocate existing infrastructure
including but not limited to sewer, water, electricity, roads, and sidewalks) needed to allow the
construction of the SFC indoor and outdoor facilities. These expenses are not considered Eligible
Improvements (defined below) or Eligible Costs (C.R.S. § 24-46-303(4)) for reimbursement from the
RTA funds and must be funded by the Stanley Hotel.
The independent Board of the SFC must develop a business plan for their archive department to
demonstrate how they will create the “largest horror movie archive in the world.” At a minimum , this
plan needs to determine how many films the archive must obtain in order to be considered the world’s
largest horror film archive, provide a timeline for how long it will take to acquire the these films, and
include memorandums of understanding with at least five film organizations, societies, festivals,
collectors, studios or similar entities who will provide the SFC access to their collections for making
digital archival copies. Examples of targeted organizations include, but are not limited to, the
European Federation of Fantastic Film Festivals, the Luxemburg Cinémathèque, the Korean Film
Archives, the Latin American Film Market, INCAA (Argentine National Film Board), The Swiss
Cinematheque, AGFA (American Genre Film Association), international consultants Annick Mahnert
and Tom Davia and others.
The SFC must sign a contract or purchase order to acquire or establish a long term lease of at least 10
years for digital conversion and server equipment needed to establish an archive. Such equipment
shall be professional and archival grade such as Lasergraphics 5K scanner and an Editshare central
server along with an Ensemble Media Server for compression and distribution of film or similar
caliber equipment. The servers must contain enough storage capacity to hold the world’s largest film
archive. Prior to execution, this agreement is subject to review and approval by the EDC and the final
executed document must be provided to the EDC.
The Applicant stated that “an endowment fund (to be fund[ed] through philanthropic donations) will
also be established to help assist with future archival acquisitions as necessary.” As part of the film
archive business plan, the independent Board of the SFC must determine the size of the endowment
needed, including the amount needed to begin operations, and provide this to the EDC along with a
fundraising timeline and strategy to obtain the archival endowment. The endowment must be kept in a
separate account from other SFC endowments, capital and operational funds. The SFC shall annually
provide documentation of this endowment to the EDC via bank statements on March 31 for the
preceding calendar year.
The SFC museum will exhibit “crown jewel artifacts” from the horror film genre including permanent
exhibits and some rotating exhibits to stay current with trends in the horror genre and to maximize the
entertainment and education value to visitors and participants. The SFC must sign binding agreements
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with the owners of materials for at least 5 different rotating exhibits which will be displayed at the
SFC during its first two years of operations. Such exhibits may include Charlie Adlard ’s “Walking
Dead” art collection, Clive Barker’s (Seraphim Films) “Clive Barker: Dreams and Nightmares,” Rich
Baker’s “Special Effects in the Horror Genre,” a Spectrevision exhibit, Alfred Hitchcock’s Psycho and
suspense, Kaiju Tsunami or other exhibits of a similar, very high caliber quality and strong level of
appeal to genre fans. The executed agreements shall be provided to the EDC.
Additionally, the Applicant has stated that “an endowment (to be funded through philanthropic
donations) will be established to provide funding for extraordinary exhibits/events and to help ensure
the maintenance of ongoing exhibits.” As such, the Applicant must create a strategic exhibit plan. As
part of the exhibit plan, the independent Board of the SFC must determine the size of the endowment
needed, including the amount needed to begin operations, and provide this to the EDC along with a
fundraising timeline and strategy to obtain the exhibit endowment. This endowment must be kept in a
separate account from other SFC endowments, capital and operational funds. The SFC shall annually
provide documentation of this endowment to the EDC via bank statements on March 31 for the
preceding calendar year.
The SFC shall pledge in a written document to the EDC to maintain at least 8,000 SF of museum
exhibit space that is fully programmed on a continual and ongoing basis and open to visitors.
The Applicant has stated that the SFC will require an estimated annual operating budget of $7.35M per
year, of which 7% will come from “donations and annual fundraising,” which equals $515,000 dollars
per year. In addition to the archive and exhibit endowments required herein and operating and
maintenance contributions provided by the Stanley Hotel, the SFC must raise at least $300,000 in
philanthropic cash contributions to have on hand for the first year’s operating budget. The Applicant
shall provide evidence of this to the EDC via bank statements.
The SFC shall sign a binding agreement with an accredited film school or film department in an
accredited school in or out of Colorado (known as “Higher Education Partner” or “HEP”) to begin
offering master classes, seminars, workshops and other teaching offerings. Such offerings may also
include a film school preparatory program, horror literature workshops, film technology education and
other related subjects. Such offerings must be contracted to begin within 1 year of the SFC opening.
The offerings must include classes which provide transferable credits toward degree programs at
institutions of higher education including “Januarymester” and “Maymester” courses. The agreement
must divide the responsibilities and revenue streams between the Stanley Film Center and the HEP
which is planning the curriculum. This executed agreement shall be provided to the EDC.
The TPA that reviewed the Go NoCO application noted that the Stanley Film Center is relying heavily
on state funding to cover a large share of total element costs (40%). The TPA recommended that a
feasible construction financing [and business] plan” needs to be completed. This plan should
consider the potential addition of a philanthropic capital campaign typically associated with non-profit
fundraising or other sponsor equity contributions. Such a construction financing and business plan
should be created and provided to the EDC. This plan should include and incorporate the archive and
exhibit plans listed above.
The SFC must have closed on financing and funding for at least 90% of its construction and furniture,
fixtures, and equipment (FF&E) budget through any combination of RTA funds, a private
philanthropical capital campaign and debt payable from the Film Center’s operating results (including
any required loan guarantees). The executed financing documents must be provided to the EDC.
The Stanley Hotel must sign an agreement with the SFC to provide housing for students taking classes
or working at the SFC. Such housing shall be available within 1 year of the SFC opening.
The SFC must submit architectural plans and a letter from their architect certifying that they are
building the SFC to the required specifications described in the final written resolution and
summarized below.
The Stanley Hotel, Stanley Film Center and other participating parties must sign an agreement which
structures how the Stanley Film Festival and the Stanley Horror Film Awards (a.k.a. “The Stanleys”)
will be owned and operated. The Stanley Hotel must sign a lease or similar agreement with the entity
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that runs the Stanley Film Festival to make available Stanley Hotel owned venues and (such as the
Concert Hall, MacGregor Ballroom, and Stanley Pavilion auditorium) on its property to maximize
visitation and participation in the film festival.
In addition to the Stanley Film Festival, the SFC shall program a regular and ongoing series of film
screenings of horror and related genre films. These shall include film openings, sneak peeks,
previews, and rare and exclusive screenings with bonus programming. The SFC shall submit to the
EDC a film programming schedule for the first 6 months of its operations.
To the extent the SFC has a funding deficit, I encourage SFC to consider adding a public improvement fee
on admissions, food and retail at the center and to hold a capital campaign to help fund operating and/or
capital expenses.
B. PELIGRANDE
The PeliGrande shall have finishes, amenities and service provided to a 4-star resort standard and shall be
located on the site in the Water Valley development in Windsor as proposed by the Applicant.
Before RTA Funds can be used to reimburse Eligible Costs for the PeliGrande, apart from debt
service and financing costs or minor administrative expenses incurred by the Financing Entity, the
following requirements must be met:
The PeliGrande shall have a minimum 9,000 square foot signature destination The Boathouse
Restaurant built into the resort open and operating. The Boathouse Restaurant at the PeliGrande will
feature the same amenities and caliber of finishes and food, in a smaller footprint, that are included at
the Orlando location as listed below [minimum numerical requirements listed in brackets]
o “spectacular nautically-themed rooms,”
o “floating artwork: dream boats from the 30’s, 40’s & 50’s, “[5 to 10 boats],”
o guided tours aboard an Italian Water Taxi, [at least 1 taxi], and
o guided tours on vintage restored original 1960s Amphicars [2 to 4 cars].
At the time The Boathouse Restaurant opens at the PeliGrande, there cannot be more than four The
Boathouse Restaurants open in the United States (including the one at the PeliGrande) and there
cannot be one within a four hundred mile radius of the PeliGrande. If these requirements are not met,
the PeliGrande construction costs will not be eligible for reimbursement with RTA funds.
The Raindance Golf Course as designed by Fred Funk, and with all needed facilities and amenities to
host a PGA Champions Tour event, shall have closed on final financing and have all needed funds for
construction and operation available. The financing documents shall be provided to the EDC for
review and confirmation of closing.
The PGA must sign a “Definitive Agreement,” as described in the draft “Binding Letter Agreement”
submitted as part of the Go NoCO application materials, to host a Champions Tour event at the
PeliGrande once a year for at least 10 years. This agreement may allow for the event to be temporarily
held at the Pelican Lakes Golf and Country Club while the Raindance club is under construction.
Additionally, such agreement must designate the PeliGrande as the official host hotel of the
tournament.
The PeliGrande developer must submit architectural plans and a letter from the architect certifying that
they are building the hotel to the required specifications described in the final written resolution and
summarized below.
The developer of the PeliGrande must establish a self-imposed public improvement fee (“PIF”) to help
finance the development. Based on the data provided by the Applicant, the PIF shall be at least 2% on
all on-site food and beverage and retail sales and 7% on all lodging sales. The executed document
establishing this PIF must be submitted to the EDC.
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The Town of Windsor must provide an executed binding written document to the EDC that pledges to
the financing of this element all of the municipal sales and property taxes generated on-site by the
PeliGrande.
C. WHITEWATER PARK
The Whitewater Park (“WWP”) must be built to Olympic standards with the facilities capable of
hosting national and international elite level competitions.
The WWP must have at least 2,200 linear feet of pumped whitewater channels with class 1 to 4 rapids.
The WWP must have other facilities and amenities as described below.
The WWP Park must support whitewater sports such as rafting, kayaking, stand up paddle boarding
and river wave surfing.
Before RTA Funds can be used to reimburse Eligible Costs for the WWP, apart from debt service and
financing costs or minor administrative expenses incurred by the Financing Entity, the following
requirements must be met:
The Whitewater Park developer must submit architectural and site plans and a letter from their
architect certifying that they are building the park to the required specifications described in the final
written resolution and summarized below.
The developer of the WWP must establish a self-imposed PIF to help finance the development. Based
on the data provided by the Applicant, the PIF shall be at least 2% on all on-site food and beverage
and retail sales and 7.8% on all admissions and rentals. The executed binding document establishing
this PIF must be submitted to the EDC.
The City of Loveland must provide an executed binding written document to the EDC that pledges to
the financing of this element all of the municipal sales taxes generated on-site by the WWP.
D. WATERPARK RESORT
This will be an immersive “first of its kind,” “next generation,” branded, family-friendly indoor/outdoor
waterpark with substantial differentiation from existing waterpark resort hotel models in that it targets a
broader age range from families with young children to older children.
Before RTA Funds can be used to reimburse Eligible Costs expense for the Waterpark Resort
WPR”), apart from debt service and financing costs or minor administrative expense incurred by
the Financing Entity, the following requirements must be met:
The WWP with all the amenities and design elements summarized in this document and described in
the EDC’s final written resolution shall have closed on final financing and have all needed funds for
construction and operation available. This is subject to verification and confirmation by the EDC.
The WPR shall be located immediately adjacent to the site where the WWP is being constructed and
rights of way must be provided which will allow visitors to walk between the two facilities.
The WPR developer must submit architectural plans and a letter from their architect certifying that
they are building the park to the required specifications described in the final written resolution and
summarized below.
The WPR developer must submit a finalized, detailed list of slides, rides and programs that the
developers will build at the Waterpark Resort to target older children and which are not included in
competing parks that target families with younger children. This list must be reviewed and approved
by the EDC and any changes prior to the WPR opening must be approved by the EDC.
The developer of the WPR must establish a self-imposed public improvement fee (PIF) to help finance
the development. Based on the data provided by the Applicant the PIF shall be at least 2% on all on-
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site food and beverage and retail sales and 5% on all lodging sales. The executed binding document
establishing this PIF must be submitted to the EDC.
The City of Loveland must provide an executed binding written document to the EDC that pledges to
the financing of this element all of the municipal sales and property taxes generated on-site by the
WPR.
The City of Loveland must also enter into a joint destination marketing agreement with the WPR
under which at least one-third of City lodging tax revenues generated on-site at the WPR are provided
to the WPR for marketing services.
III. ADDITIONAL FINANCIAL AND TAX TERMS AND CONDITIONS
A. Go NoCO shall submit a list of businesses in the Regional Tourism Zone to the Department of Revenue
DOR”) on or before the date this award becomes effective, and subsequently every month beginning
with, and through, the term of the Commission Resolution, including but not limited to:
1) The Colorado Business Account Number and site number;
2) Company name;
3) Trade name or d/b/a;
4) Location address;
5) Start date;
6) Description of whether it is an existing, new, or closed account;
7) Description of whether it is a new location in the zone or moved out of the zone; and
8) Other information required by DOR.
B. Before any RTA Funds can be used on any Project Element, per the governance structure discussed in
the Go NoCO Application, the City of Loveland, Town of Windsor, Town of Estes Park, and Larimer
County (collectively operating and referred to as “Go NoCO”) must create a Northern Colorado
Regional Tourism Authority (NCRTA) per the requirements in C.R.S. § 24-46-306 and as further
defined in the Commission’s forthcoming written resolution.
C. Before any RTA Funds can be used on any Project Element apart from necessary administrative
expenses for NCRTA, NCRTA must sign intergovernmental or inter-organizational agreements
delineating the relationships and decision-making authority between: NCRTA and the SFC Non-Profit,
and the developers of the PeliGrande, WWP and WPR and the Town of Windsor, Town of Estes Park,
City of Loveland and Larimer County.
D. The State of Colorado accepts the Applicant’s contention that the four Go NoCO Project Elements
Stanley Film Center, PeliGrande Resort & Windsor Conference Center, Indoor Waterpark Resort of the
Rockies, and the U.S. Whitewater Adventure park) have synergies with each other and that the state has
a strong interest in incentivizing the completion of all four Project Elements to maximize the overall
beneficial economic impact of the Go NoCO program in Colorado. As such, the NCRTA must allocate
a minimum proportion of the RTA funds to each of these Project Elements (“Minimum Element
Allocation Percents” or “MEAPs”). The amount of the MEAPs and the rules surrounding them shall be
further defined in the written resolution and are intended to be similar to the terms of the EDC’s
Resolution Number 3 for the Colorado Springs City for Champions Project with changes as needed
based on the specifics of this Project.
E. Before any RTA Funds can be used on any Project Element apart from necessary administrative
expenses for NCRTA, NCRTA must develop and present to the EDC a detailed timeline of key
milestones for development activities and completion dates for all of the Project Elements.
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F. Procurement: The Applicant must follow applicable state, federal and local procurement laws.
However, in all circumstances contracts for more than $25,000 must be awarded using RFI/RFQ/RFP
processes with bidding information posted on a public website.
G. As a condition precedent to paying or reimbursing any entity for any Eligible Costs, the Financing
Entity shall obtain relevant certifications from an independent engineer, CPA, and/or Financial Advisor
with similar requirements as included in the Colorado Springs RTA written EDC Resolution (attached as
Attachment 3).
H. Pursuant to C.R.S. § 24-46-303(5), the specific authorized Eligible Improvements are listed below:
All the following facilities are REQUIRED COMPONENTS and must be included as part of the
finished Project.
1) STANLEY FILM CENTER*
Required Components:
UPPER LEVEL
Public lobby and concessions: 5,000 gross square feet
500 seat Auditorium/Theater: 5,000 gross square feet
Theater support: 2,000 gross square feet
Film Museum and Discovery Center: Minimum 8,000 gross SF
Gift shop: 1,000 gross square feet
UPPER LEVEL TOTAL: 21,000 gross square feet*
LOWER LEVEL
Restaurant, lounge and private dining: 5,850 gross square feet
Kitchen and support: 2,300 gross square feet
Event Center: 4,000 gross square feet
Video editing studio: 700 gross square feet
Sound editing studio: 500 gross square feet
Sound Stage: 3,000 gross square feet
Event center support: 300 gross square feet
Film archive & Special Events: 1,600 gross square feet
Museum storage: 2,300 gross square feet
Building support: 1,800 gross square feet
LOWER LEVEL TOTAL: 22,350 gross square feet*
TOTAL MINIUMUM BUILDING AREA: 43,350 gross square feet*
OUTDOOR
Outdoor Amphitheatre 1 (500 seat): 8,200 gross square feet
Outdoor Amphitheatre 2 (75 seat): 1,500 gross square feet
OUTDOOR TOTAL: 9,700 gross square feet*
Additional Required Components:
Auditorium and Theaters
500-seat auditorium**
AV recording and broadcast capabilities
Venue for premieres, film festivals and award ceremonies
45-seat VIP Theater/Private Screening Room **
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500 and 75-seat outdoor amphitheaters**
Venues for “Film Under the Stars”
includes all necessary film screening equipment such as projection, audio, display.
13,000 SF Film Archive and Discovery Center
World’s largest horror film archive and equipment as described earlier in the resolution to make
and store digital copies of films
Rotating interactive displays and exhibits of original props, international posters, memorabilia,
and films
Interactive tours, games and experiences
Green Screen and Foley Sound Stage Experience – put yourself in a film
Creative Production, Learning and Workshop Spaces
3,000 SF sound stage
4,000 SF of classroom, event and workshop space
1,200 SF film and editing suites
Discovery Center Support
150 - seat specialty restaurant
Lobby and Concessions
Stanley Film Center Gift Shop
2) PELIGRANDE RESORT & WINDSOR CONFERENCE CENTER*
Required Components:
Ballroom #1: 15,000 gross square feet
Ballroom #2: 8,000 gross square feet
Meeting Rooms: 21,200 gross square feet
Board Rooms 800 gross square feet
Function Space: 13,500 gross square feet
Subtotal Meeting & Function : 58,500 gross square feet
TOTAL MINIUMUM HOTEL SPACE 309,514 gross square feet*
NOTE before the final EDC written resolution, Go NoCO will need to supply a detailed
breakdown of all hotel component square footage.
Additional Required Components:
300 resort hotel rooms and suites
2 full-service restaurants (including The Boathouse Restaurant meeting all requirements
specified above). The tenant improvements and fixtures and equipment associated with creating
The Boathouse Restaurant are not Eligible Improvements.
Upscale lounge
Luxury spa
Fitness center
58,500 SQ of ballroom, meeting & pre-function space
Business center
Gift shop
Retail services
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3) INDOOR WATERPARK RESORT OF THE ROCKIES*
Required Components:
Floor Below Garage
Pool Equipment Room(s): 6,160 gross square feet
Ground Floor
Linen Storage & Laundry Room: 4,270 gross square feet
General Storage: 2,440 gross square feet
Employee Break & Restrooms: 2,130 gross square feet
Personnel & Administration: 3,360 gross square feet
Security Office: 660 gross square feet
Receiving Office & Secretary Office: 300 gross square feet
Receiving: 1,260 gross square feet
HVAC: 870 gross square feet
Maintenance: 1,540 gross square feet
Restrooms: 2,040 gross square feet
Kitchen of Confectionary/Snack Bar: 4,510 gross square feet
Circulation: 8,358 gross square feet
Fitness Room: 810 gross square feet
Party Room: 1,940 gross square feet
Waterpark F&B Support: 860 gross square feet
Snack Bar: 2,210 gross square feet
Family Day Play: 18,910 gross square feet
IWP Restroom & Lockers: 2,590 gross square feet
Life Guard, Chemical, First Aid: 440 gross square feet
Indoor Waterpark: 75,000 gross square feet
Total Ground Floor & Below Garage: 140,658 gross square feet*
First Floor
HVAC Mezzanine: 6,160 gross square feet
Kitchen for Family Dining: 4,660 gross square feet
Administration & Call Center: 2,910 gross square feet
Circulation: 5,231 gross square feet
Front Desk: 520 gross square feet
Cart Storage & Valet: 880 gross square feet
Restrooms: 1,040 gross square feet
Confectionary: 1,330 gross square feet
Spa: 3,000 gross square feet
Lobby, Living Room, Public Space: 13,550 gross square feet
Restaurant & Support: 7,400 gross square feet
Restrooms: 1,550 gross square feet
Coat Room & Pre-function: 3,040 gross square feet
Conference Storage: 690 gross square feet
Meeting Rooms: 32,060 gross square feet
Board Room(s): 2,780 gross square feet
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Hotel
Ground Floor: 36,706 gross square feet
First Floor: 36,706 gross square feet
Second Floor: 36,706 gross square feet
Third Floor: 36,706 gross square feet
Fourth Floor: 36,706 gross square feet
Fifth Floor: 36,706 gross square feet
Total First Floor & Hotel 308,837 gross square feet*
Total Minimum Gross Building Area 449,495 gross square feet*
Additional Required Components:
75,000 SF Minimum Indoor Waterpark
55,000 SF Minimum Outdoor Waterpark
20,000 SF Family Entertainment Center including bowling, indoor miniature golf, laser tag, and
video arcade
330 hotel rooms
3,000 SF Spa
250 seat, 7,500 SF restaurant/lounge
40,000 SF Meeting Space
3,000+ SF Retail space
4) U.S. WHITEWATER ADVENTURE PARK*
Required Components:
20-acre artificial whitewater river system
Zip lines & high ropes course
Obstacle courses
A canopy tour
Climbing wall
Children’s play area
Team building area
Restaurant
Retail shops
Amphitheater
Multi-purpose event space
Outdoor structures
Since detailed architectural plans have not yet been finalized, a precise square foot calculation for
each Element and Component of the Project and the Eligible Improvements within the Project is not
available as of this writing. Further investigation of site issues, infrastructure planning, building design,
and changes in construction cost are among the many factors that could cause material differences in
the gross square footage numbers set forth above. However, the total completed space for each of the
four Project Elements and components that include the word “minimum” above may not be less than the
minimum gross square feet outlined above.
EXHIBIT A
13
IV. SUBSTANTIAL PROGRESS
Pursuant to C.R.S. § 24-46-305(4), the Commission imposes the following conditions:
A. Applicant (in conjunction with its partners) must submit a written plan detailing Project milestones and a
graduated plan by March 16, 2016, including but not limited to, the following milestones for which
evidence of completion to be submitted to the Commission:
1) Letter of intent from the Applicant and its partners stating plan to move forward with the approved
Regional Tourism Project.
2) Detailed financing commitments, including but not limited to, philanthropic gifts, equity investors,
debt instruments, local tax increment, and local sales tax.
3) Timeline for necessary land acquisition.
4) Engineering/Architectural plans.
5) Construction permits.
6) Construction timeline.
B. The Financing Entity must submit Quarterly Reports detailing the progress on the Project and the
Applicant, the Financing Entity, and partners, as needed, must be available to participate in Quarterly
Meetings with OEDIT to discuss progress on the Project to begin in the 1st quarter after the
Commission’s effective date of approval.
C. Twice a year, the Applicant, the Financing Entity, and relevant Project Element partners must participate
in meetings with the Commission to discuss progress on the Project to begin in 1st half year after the
Commission’s effective date of approval.
V. ADDITIONAL TERMS AND CONDITIONS
Shall be included similar to what were included in previous RTA Board Resolutions with additions and
changes as needed to accommodate the unique circumstances of this Project.
VI. SUBSTANTIAL WORK
Pursuant to C.R.S. § 24-46-309, the Commission imposes the following conditions:
A. Applicant must commence substantial work on each individual approved element of the Project pursuant
to C.R.S. § 24-46-309(1)-(3) within five years of the date of the approval of the Project by the
Commission or the Commission may revoke or modify its approval of that element and reduce the
amount of the RTA award by the MEAP associated with that element.
VII. FINAL COMPLETION DATE
A. Each approved element must be fully completed and placed in service within 10 years of the
Commission’s Approval of the RTA Project. If this does not occur the element is subject to revocation
or modification which may reduce the amount of the RTA ward by the MEAP associated with that
element.
EXHIBIT A
14
VIII. AUDIT AND ACCOUNTABILITY
A. Pursuant to C.R.S § 24-46-308(1), the Financing Entity shall submit annual reports detailing:
1) the total amount of state sales tax increment revenue that the Regional Tourism Project has
collected;
2) how it has been spent;
3) projected revenue for the remainder of the dedication period;
4) a summary of the status of construction of the Eligible Improvements; and
5) other information requested by the EDC or OEDIT.
B. Pursuant to C.R.S. § 24-46-305(4), annual reports shall include an economic analysis that assesses the
actual overall effectiveness of the Regional Tourism Project to date including:
1) the number of net new jobs directly created by the Project in each category as defined by the
Colorado Department of Labor and Employment and the wages and health benefits for jobs in each
category;
2) the market impact;
3) regional and in-state competition;
4) attraction of out-of-state tourists;
5) the fiscal impact to local governments within and adjacent to the Regional Tourism Zone;
6) the return to the state on its investment;
7) information on all tax expenditures for regional tourism economic development during the prior
fiscal year; and
8) in the event that the Applicant, Financing Entity or other local entities use property tax revenue to
finance any element of the Project, Applicant must present an analysis of the impact to local school
districts and the percentage of the total program that the state is required to fund.
C. Pursuant to C.R.S. § 24-46-308(2), annual independent audits of Applicant’s financial status and
confirmation that sales tax increment revenue is being used only for Eligible Costs shall be submitted by
the Financing Entity.
D. Pursuant to C.R.S § 24-46-308(3), if the audit finds that state sales tax increment revenue has been used
for unauthorized purposes, the financing entity shall be liable for the repayment of this revenue. There
are various ways the repayment may be made.
E. Additional terms and conditions should be included similar to what were included in previous RTA
Board Resolutions with changes as needed to accommodate the unique circumstances of this Project.
EXHIBIT A
15
APPENDIX 1: STATUTORILY REQUIRED TERMS AND CONDITONS.
Term Location in Statute Applicant Request
TPA Analysis)
The local government that has been
approved to undertake a regional tourism
project”
C.R.S. § 24-46-305(3)(a) City of Loveland, Town of Windsor,
Town of Estes Park, and Larimer
County
The area of the regional tourism zone” C.R.S. § 24-46-305(3)(b) See Applicant’s Regional Tourism
Zone map in Attachment 2
Whether the Commission has authorized
the creation of a regional tourism authority”
C.R.S. § 24-46-305(3)(c) The Applicant has requested
permission to create the Northern
Colorado Regional Tourism Authority
to serve as the Financing Entity for the
Project
The total cumulative dollar amount….of
the state sales tax incremental revenue that
will be dedicated to the regional tourism
project” [i.e. the “cap”]
C.R.S. § 24-46-305(3)(d) Applicant: $86,119,375
TPA: $61,644,489)
The total cumulative dollar amount and
percentage of state sales tax increment
revenue that can be dedicated to
the…project shall not exceed the third party
analysts calculation...by more than 50%;
Except that the commission ..[may exceed]
third-party’s calculations by more than fifty
percent by a unanimous vote of all members
of the commission”
C.R.S. § 24-46-305(3)(d) 92,466,733
The….percentage of the state sales tax
incremental revenue that will be dedicated
to the regional tourism project”
C.R.S. § 24-46-305(3)(d) Applicant: 20.48%
TPA: 15.79%)
Financing entity [Financing Entity] means
the entity designated by the commission in
connection with its approval of a regional
tourism project to receive and utilize state
sales tax increment revenue.”
C.R.S. § 24-46-303(6) The Applicant requested that the
Northern Colorado Regional Tourism
Authority (NCRTA) shall serve as the
Financing Entity.
Financing Term’ …the aggregate period
authorized by the commission…within
which the financing entity is authorized to
receive and utilize state sales tax increment
revenue…”
C.R.S. § 24-46-303(7) In line with the Applicant’s request,
payments shall occur for 30 years from
the effective date of the Commission
award ending in 2045.
EXHIBIT A
16
Stanley Film Center contribution to dollar
cap
Applicant: $46,399,582
TPA: $28,504,409)
PeliGrande contribution to dollar cap Applicant: $12,991,003
TPA: $12,598,260)
Whitewater Park contribution to dollar cap Applicant: $4,706,140
TPA: $3,959,364)
Waterpark Resort contribution to dollar cap Applicant: $22,022,650
TPA: $16,582,457)
Stanley Film Center contribution to percent Applicant: 15.19%
TPA: 9.60%)
PeliGrande contribution to percent Applicant: 4.41%
TPA: 4.29%)
Whitewater Park contribution to percent Applicant: 1.66%
TPA: 1.48%)
Waterpark Resort contribution to percent Applicant: 7.41%
TPA: 5.67%)
EXHIBIT A
17
ATTACHMENT 1: FINAL THIRD PARTY ANALYST REPORT
EXHIBIT A
Revised Final Report
Third Party Analyst Evaluation:
Go NoCO RTA Application
Prepared for:
Colorado Office of State Planning and Budgeting
Prepared by:
Economic & Planning Systems, Inc.
October 30, 2015
EPS #143071
Attachment 1
Table of Contents
1.INTRODUCTION AND SUMMARY OF FINDINGS .................................................................. 1
Introduction ............................................................................................................. 1
Approach ................................................................................................................. 3
Scope of Work .......................................................................................................... 4
Summary of Findings ................................................................................................ 5
Financial Need ........................................................................................................ 11
2.PROPOSED TOURISM PROJECT ................................................................................. 13
Project Description .................................................................................................. 13
PeliGrande Resort and Windsor Conference Center ...................................................... 13
Indoor Waterpark Resort of the Rockies ..................................................................... 20
U.S. Whitewater Adventure Park ............................................................................... 25
Stanley Film Center ................................................................................................. 29
Total Visitors and Taxable Sales ................................................................................ 35
Project Phasing ....................................................................................................... 35
Total Cost and RTA Funding Requests ........................................................................ 35
3.PELIGRANDE RESORT ANALYSIS .............................................................................. 38
Net New Visitors ..................................................................................................... 38
Tax Increment Analysis ........................................................................................... 42
4.INDOOR WATERPARK RESORT OF THE ROCKIES ANALYSIS ................................................. 47
Net New Visitors ..................................................................................................... 47
Tax Increment Analysis ........................................................................................... 50
5.U.S. WHITEWATER ADVENTURE PARK ANALYSIS ........................................................... 53
Net New Visitors ..................................................................................................... 53
Tax Increment Analysis ........................................................................................... 55
6.STANLEY FILM CENTER ANALYSIS ............................................................................. 58
Influences on Visitor Forecasts ................................................................................. 58
Third Party Analyst Visitor Forecast ........................................................................... 65
Tax Increment Analysis ........................................................................................... 69
7.FINANCIAL NEED ................................................................................................ 72
Financial Need Criteria ............................................................................................. 72
PeliGrande Resort and Windsor Conference Center ...................................................... 73
Indoor Waterpark Resort of the Rockies ..................................................................... 75
U.S. Whitewater Adventure Park ............................................................................... 76
Stanley Film Center ................................................................................................. 77
Attachment 1
8.FISCAL AND ECONOMIC IMPACTS ............................................................................. 79
Construction Employment ........................................................................................ 79
Ongoing Operations Employment .............................................................................. 80
Other Impacts ........................................................................................................ 81
School Impacts ....................................................................................................... 82
Attachment 1
List of Tables
Table 1 Go NoCO Proposed Tourism Projects Overview ..................................................... 6
Table 2 Comparison of Applicant and TPA Visitor Estimates ............................................... 8
Table 3 Comparison of Applicant and TPA Net New Sales Tax Estimates ............................. 9
Table 4 Comparison of Total Tax Increment for All Projects ............................................. 10
Table 5 Go NoCO Proposed Tourism Projects Overview ................................................... 13
Table 6 PeliGrande Resort Visitor Estimates (Applicant) .................................................. 15
Table 7 PeliGrande Resort Taxable Sales & Eligible Increment Estimates .......................... 17
Table 8 PeliGrande Resort Development Costs .............................................................. 18
Table 9 PeliGrande Resort Funding Sources .................................................................. 19
Table 10 Indoor Waterpark Resort Development Program ................................................ 20
Table 11 Indoor Waterpark Resort Visitor Estimates (Applicant) ........................................ 21
Table 12 Indoor Waterpark Resort Taxable Sales & Eligible Increment Estimates ................. 22
Table 13 Indoor Waterpark Resort Development Costs ..................................................... 23
Table 14 Indoor Waterpark Resort Funding Sources ......................................................... 24
Table 15 U.S. Whitewater Adventure Park Visitor Estimates (Applicant) ............................. 25
Table 16 U.S. Whitewater Adventure Park Taxable Sales and Eligible Increment Estimates ... 26
Table 17 U.S. Whitewater Adventure Park Development Costs .......................................... 27
Table 18 U.S. Whitewater Adventure Park Funding Sources .............................................. 28
Table 19 Stanley Hotel Ghost Tour Attendance ................................................................ 29
Table 20 Stanley Film Center Program ........................................................................... 30
Table 21 Stanley Film Center Attendance (Applicant) ....................................................... 31
Table 22 Stanley Film Center Net New Visitor Days (Applicant) ......................................... 32
Table 23 Stanley Film Center Net New Sales Tax (Applicant) ............................................ 33
Table 24 Stanley Film Center Project Cost ...................................................................... 34
Table 25 Stanley Film Center Financing Plan ................................................................... 34
Table 26 Go NoCO Total Visitation (Applicant) ................................................................. 35
Table 27 Go NoCO Project Phasing ................................................................................ 35
Table 28 Go NoCO Project Costs, All Projects .................................................................. 36
Table 29 Go NoCO Total RTA Funding Request ................................................................ 37
Table 30 PeliGrande Resort Visitor Estimates (Applicant) .................................................. 38
Table 31 Comparable Golf Tournament Attendance ......................................................... 39
Attachment 1
Table 32 PeliGrande Resort Net New Adjustment ............................................................. 40
Table 33 PeliGrande Resort Spending Assumptions .......................................................... 41
Table 34 Base Sales Tax Forecast, 2015-2045 ................................................................ 43
Table 35 PeliGrande Sales Tax Increment Contribution to RTZ .......................................... 45
Table 36 PeliGrande Resort Estimated Net New Sales Tax ................................................ 46
Table 37 Indoor Waterpark Resort Visitor Estimates (Applicant) ........................................ 47
Table 38 Indoor Waterpark Resort Net New Adjustment ................................................... 48
Table 39 Indoor Waterpark Resort Spending Assumptions ................................................ 49
Table 40 Indoor Waterpark Contribution to RTZ Tax Increment ......................................... 51
Table 41 Indoor Waterpark Net New Sales Tax ............................................................... 52
Table 42 U.S. Whitewater Adventure Park Visitor Estimates (Applicant) ............................. 53
Table 43 U.S. Whitewater Adventure Park Spending Assumptions (Applicant) ..................... 54
Table 44 Whitewater Adventure Park Resort Contribution to RTZ Increment ....................... 56
Table 45 U.S Whitewater Adventure Park Net New Sales Tax ............................................ 57
Table 46 Horror Film Market Share of Top 100 Films, 2012-2015 (YTD) ............................. 59
Table 47 Market Share by Film Genre 1995-2015 (YTD) ................................................... 60
Table 48 Cultural Museum and Film Center Facilities ........................................................ 61
Table 49 Adjusted Stanley Film Center Stabilized Attendance and Visitor Days .................... 65
Table 50 Adjusted Stanley Film Center Visitor Forecast .................................................... 67
Table 51 Stanley Film Center Out of State and Net New Visitor Forecast ............................ 68
Table 52 Stanley Film Center Contribution to RTZ Increment ............................................ 70
Table 53 Stanley Film Center Net New Sales Tax ............................................................. 71
Table 54 Summary of Financial Performance by Project ................................................... 74
Table 55 Direct Construction Jobs Impact ....................................................................... 79
Table 56 Direct, Indirect, and Induced Construction Jobs ................................................. 80
Table 57 Ongoing Operations Employment Impacts ......................................................... 80
Table 58 Payroll and Personal Income Tax ...................................................................... 81
Attachment 1
List of Figures
Figure 1 Go NoCO Proposed Tourism Projects Locations ................................................... 14
Figure 2 Horror Film Releases, 1930-2007 ..................................................................... 58
Figure 3 Estes Park Sales Tax Collections by Month, 2014 ............................................... 64
Attachment 1
Economic & Planning Systems, Inc. 1 143071-Go NoCO Report_10-29-15.docx
1. INTRODUCTION AND SUMMARY OF FINDINGS
This report evaluates the revised Application submitted to the Colorado Office of Economic
Development and International Trade (OEDIT) by Go NoCO, a private 501(c)(3) nonprofit
corporation formed by the City of Loveland, Town of Windsor, Town of Estes Park, and Larimer
County, Colorado for state funding under the Regional Tourism Act. Economic & Planning
Systems (EPS) was contracted by the State of Colorado Governor’s Office of State Planning and
Budgeting (OSPB) to serve as the Third Party Analyst (TPA) to provide an independent review of
the Project including the required estimates of:
The total tax increment expected to be generated within the Regional Tourism Zone (RTZ);
The maximum portion of the total RTZ tax increment that the project would be eligible to
receive;
A determination that the requested RTA funding is needed to enable the project to be
feasibly built (financial need); and
The fiscal and economic impacts of the project to the State of Colorado.
Introduction
The Regional Tourism Act (24-46-300 C.R.S.) promotes diversification of the state’s economic
base by providing a financing mechanism for attracting, constructing and operating large-scale
regional tourism projects that will attract significant investment and revenue from outside the
state, as stated in the 2014/15 OEDIT Application Guidelines. Tourism or entertainment facilities
include but are not limited to museums, stadiums, arenas, major sports facilities, performing
arts theaters, theme or amusement parks, conference centers or resort hotels or other similar
venues that draw a significant number of regional, national or international patrons. The Act and
Guidelines identify several criteria projects need to meet to be eligible for funding:
Projects are of an extraordinary and unique nature,
Are anticipated to result in a substantial increase in out-of-state tourism,
Generate a significant portion of their sales tax revenue from transactions with nonresidents
of the state. An exception to this requirement may apply if a significant portion of the sales
tax revenue generated by the project is reasonably anticipated to be attributable to residents
of the state but the revenue would otherwise leave the state due to a lack of a similar project
or facility in the state, and
The local government must provide reliable economic data demonstrating that in the absence
of state sales tax increment revenue, the project is not reasonably anticipated to be
developed within the foreseeable future.
The Economic Development Commission (EDC) can approve up to two projects per year for three
years through the RTA and shall not approve any project that would create a state sales tax
revenue dedication of more than $50 million to all projects in any given year. Project financing
entities for approved projects shall receive a percentage of annual state sales tax increment
revenue to a defined maximum dollar total above a baseline revenue amount set by the EDC to
be used to finance eligible costs for the project.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 2 Revised Final Report
Regional Tourism Zone
Section 24-46-303 (11) defines a “Regional Tourism Zone” (RTZ) as:
the geographic area defined by the Commission as part of an approved regional
tourism project. A regional tourism zone shall not extend into the territorial
boundaries of any local government except for the local government that is
requesting the designation of the regional tourism zone. A regional tourism zone
may be limited to portions of a local government and may include noncontiguous
tracts or parcels of property.”
An RTZ may be larger than the specific boundaries of a project and may be non-contiguous, but
may not extend beyond the jurisdictional boundary of the local government (City or County)
requesting RTZ designation.
Eligible Tax Increment
Under the state statute, there is a distinction between the total tax increment generated within a
RTZ and the portion of the increment that is eligible to be dedicated to a project. A project can
receive only the portion of the tax increment that represents new revenue to the state, as opposed
to new revenue to the RTZ or local jurisdiction. Section 24-46-305 (3)(d) indicates that a project
is only eligible to receive the portion of the RTZ tax increment that is “net new” to the state:
The percentage of the State sales tax increment revenue that will be dedicated to
the regional tourism project. Such percentage shall be set at a value that in the
best estimation of the Commission will result in only the net new revenue likely
created by the Project and related development being dedicated to the Financing
Entity and shall exclude any sales tax revenue the State would likely have
received without the Project and development.”
The above language requires the TPA to determine how much of the RTZ tax increment is net
new to the state, and to exclude from any funding award any sales tax the state would have
received without the project. This requires the TPA to exclude any sales tax increment resulting
from competition with existing tourism attractions (cannibalization) regardless of whether it
occurs in the RTZ or not. Due to cannibalization and competition impacts, a project may
generate substantial positive local economic impacts, but have less of a positive impact at the
state level due to the redistribution of economic activity within the state.
Page 8 of the 2014/15 RTA Application Guidelines provides additional clarification on the
determination of net new sales tax revenue. It states that revenue from residents of the zone
will be subject to the highest standards of scrutiny”. It also adds direction on the treatment of
other revenue growth in the RTZ. Other revenues that will not be available to the project include
sales tax from “unrelated new projects in or near the zone”, and “general improvements in
economic or demographic conditions or changes in trends”. Indirect and induced economic
impacts are therefore not included in the eligible tax increment revenues.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 3 Revised Final Report
Approach
EPS has estimated the total RTZ tax increment, the portion expected to be net new to the state
of Colorado, and the financial need for RTA funding for each proposed Project. The following
points on statutory guidance and interpretation were verified with OSPB and OEDIT.
Net New Revenue – The role of the TPA is to determine the eligible tax increment revenues
over the 30-year period of eligibility. In order for tax increment revenue to be net new to the
state, the revenue must be derived from out-of-state visitors who would not otherwise have
come to Colorado. It is possible, however, for a project to generate net new revenue by
capturing spending from Colorado residents who may have traveled to another state to
engage in a recreation or tourism/entertainment activity. Without this demonstration of
spending “leakage”, spending from Colorado residents within an RTZ is a redistribution of
spending and associated tax revenues that would have occurred elsewhere within the State
of Colorado with or without the project. The “net new” tax increment must also take into
account competition that the proposed project will create and any resulting “cannibalization”
of existing state revenues.
Statewide Economic Impacts – There is a distinction between economic activity that is net
new to a local jurisdiction and net new to the State of Colorado. It is a reality in economic
development that municipalities within the same region or state are often competing for the
same economic development opportunities. A gain of economic activity in one community or
facility can result in a decline in another community. The net impact to the state in this case
is often minimal to zero unless new dollars and new jobs are being imported from outside
Colorado. Projects that introduce competition with existing facilities or businesses without
bringing in substantial new dollars from outside Colorado, or relocate existing uses, will not
result in significant statewide benefits although their local benefit may be significant.
Percentage of RTZ Tax Increment – The role of the TPA is also to determine the
percentage of state sales tax revenues a project may be eligible to receive in a year. This
calculation requires an estimate of the dollar amount of sales tax generated by a project in
its RTZ as well as the dollar amount estimated to be net new. Since revenue projections
involve inherent uncertainties, the state would be exposing itself to the potential of providing
funding in excess of what is generated by a project. A project is only eligible to receive a
percentage of the revenue generated in the RTZ which will vary according to the performance
and timing of the project.
Construction Use Tax – The RTA Legislation does not allow for the inclusion of state
construction use tax in the eligible tax increment.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 4 Revised Final Report
Scope of Work
The report includes the following chapters following this Introduction and Summary of Findings:
Proposed Tourism Project – A summary of the proposed development project, timing,
estimated visitation, and available state tax increment revenues as presented in the
submitted RTA Application.
PeliGrande Resort Analysis - The TPA’s evaluation of the PeliGrande Project element
including: total, out of state, and net new visitors and spending; an estimate of the total
state sales tax generated by the Project in the RTZ; and the net new state sales tax revenues
and percentage of incremental state sales tax revenues that the Project is eligible to receive.
Indoor Waterpark Resort of the Rockies Analysis - The TPA’s evaluation of the Indoor
Waterpark of the Rockies Project element including: total, out of state, and net new visitors
and spending; an estimate of the total state sales tax generated by the Project in the RTZ;
and the net new state sales tax revenues and percentage of incremental state sales tax
revenues that the Project is eligible to receive.
U.S. Whitewater Adventure Park Analysis - The TPA’s evaluation of the U.S. Whitewater
Adventure Park Project element including: total, out of state, and net new visitors and
spending; an estimate of the total state sales tax generated by the Project in the RTZ; and
the net new state sales tax revenues and percentage of incremental state sales tax revenues
that the Project is eligible to receive.
Stanley Film Center Analysis - The TPA’s evaluation of the Stanley Film Center Project
element including: total, out of state, and net new visitors and spending; an estimate of the
total state sales tax generated by the Project in the RTZ; and the net new state sales tax
revenues and percentage of incremental state sales tax revenues that the Project is eligible
to receive.
Financial Need – An analysis of the financial need for state tax increment financing
addressing the stipulation that “but for” the state’s investment, the Project could not be built
in the foreseeable future.
Fiscal and Economic Impacts – The estimated fiscal and economic impacts of the Project
to the state as well as any extraordinary fiscal impacts to the sponsoring jurisdiction.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 5 Revised Final Report
Summary of Findings
Proposed Project
Go NoCO is a private 501(c)(3) nonprofit corporation formed by the City of Loveland, Town of
Windsor, Town of Estes Park, and Larimer County. Go NoCO’s proposed development program
contains four elements summarized below and in Table 1.
PeliGrande Resort and Windsor Conference Center - A proposed 300-room hotel and
conference center in Windsor. It is envisioned to be Northern Colorado’s only four star golf
resort hotel and conference center, and described as comparable in quality and market
appeal to the Broadmoor Resort in Colorado Springs. Currently no resorts of this quality exist
in the Northern Colorado market area. The resort will be located on a 10-acre site in Water
Valley, an existing resort-style lakefront golf community in the Town of Windsor
approximately six miles east of I-25.
Indoor Waterpark Resort of the Rockies - The Indoor Waterpark Resort of the Rockies is
a proposed 330-room hotel property to be built in the City of Loveland on Fairgrounds Avenue
north of the existing Budweiser Events Center. Included in the complex is a 75,000 square
foot indoor water park, 55,000 square foot outdoor water park, 20,000 square foot family
entertainment center featuring mini-golf and laser tag, 40,000 square foot of meeting and
conference space, 3,000 square foot of retail, a 3,000 square foot spa, and 7,400 square foot
restaurant and lounge.
U.S. Whitewater Adventure Park - The U.S. Whitewater Adventure Park is proposed for a
site north of the existing Budweiser Events Center adjacent to the Indoor Waterpark Resort
of the Rockies. The main attraction is a 20-acre artificial whitewater river system designed to
Olympic standards, allowing the facility to host U.S. Olympic Trials and other national and
international events as well as accommodating beginner and intermediate paddlers.
Numerous other outdoor activities are a part of the development such as a whitewater rescue
training center, climbing wall, zip line, obstacle course, canopy tour, canyoneering attraction,
and children’s’ play area.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 6 Revised Final Report
Stanley Film Center – The Stanley Film Center is proposed to be developed in partnership
with the owners of the historic Stanley Hotel with programming support from the Colorado
Film School and notable film industry contributors. This 42,750 square foot theater and
museum facility would a home of the horror film genre. It would include an 11,000 square
foot museum and gallery and four film theaters of varying sizes. Programming would include
expanding the existing Stanley Film Festival and on-going film screenings and related events.
Table 1
Go NoCO Proposed Tourism Projects Overview
Net New Visitors
A comparison of the Applicant’s and the TPA’s estimates of total, out-of-state, and net new out-
of-state visitors is provided below (Table 2). A summary of the major adjustments follows:
PeliGrande Resort – The Applicant’s estimates of total, out-of-state, and net new visitors to
the Hotel were judged to be reasonable. The Applicant had estimated that 46.5 percent of
the out-of-state visitors would be net new to the state, which we agree is an appropriate
estimate for a resort hotel that competes with other properties in the state. The only
adjustment made was a 15 percent reduction in food and beverage and retail spending
assumed to be captured in the RTZ, which equates to 93.8 percent of spending including
lodging. By definition, 100 percent of lodging stays would be in the RTZ for this Project
component.
Indoor Waterpark – The Applicant’s visitor forecast was based on a 71 percent annual
hotel occupancy rate which we judged to be reasonable for this location based on the
information provided. The resulting annual visitor estimates of 299,320 and 56.8 percent
from outside Colorado were not adjusted. While we consider that Applicant’s estimate of 88.9
percent net new visitors to be aggressive; we do recognize the unique nature of the Project
and its potential to entice visitors to stay an extra day in Colorado, and the potential to draw
people from surrounding states. We have estimated that 75 percent of out-of-state visitors
would be net new as this Project may not be the primary purposed for a trip to Colorado for
some percentage of visitors.
Whitewater Adventure Park – No adjustments to visitor levels were made. Other spending
adjustments were made, however, to reduce the assumed spending capture in the RTZ from
100 percent to 85 percent.
Facility Location Description
PeliGrande Resort & Windsor Conference Center Windsor 300 room resort hotel and conference center
Indoor Waterpark Resort of the Rockies Loveland, north of The Ranch 75,000 sq. ft. indoor water park, 330 room hotel
U.S. Whitewater Adventure Park Loveland, north of The Ranch 20 acre whitewater park, outdoor adventure facilities
Stanley Hotel Auditorium Stanley Hotel, Estes Park 42,750 sq. ft. film center, museum, and theatres
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Program081015version2.xlsx]1-Prog
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 7 Revised Final Report
Stanley Film Center –The Applicant’s estimate of out-of-state visitors was adjusted for
general meeting, and concert and entertainment events from 79.5 percent out of state to 50
percent out of state. Net new visitors were adjusted from 87.1 percent to 50 percent for
general meetings, concerts and entertainment as well. Overnight stays (visitor days) by
museum guests were adjusted down from 1.0 per attendee to 0.25 per attendee.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 9 Revised Final Report
Net New Sales Tax and Eligible Tax Increment
The forecasts of the total tax increment in Go NoCO RTZ and net new sales tax increment are
shown below in Table 3 and Table 4 and compared the TPA analysis. As noted above, the
major differences are due to lower spending estimates for day visitors by the TPA, our reductions
in spending captured in the RTZ, and adjustments to net new and overnight stays for ancillary
uses of Stanley Film Center.
Table 3
Comparison of Applicant and TPA Net New Sales Tax Estimates
Project Applicant
Third Party
Analyst
PeliGrande Resort & Windsor Conference Center
RTZ Increment
Natural Tax Increment $253,548,134 $253,548,134
Project Tax Increment $41,119,569 $39,876,445
Total RTZ Increment $294,667,703 $293,424,579
Net New Sales Tax
PeliGrande Net New Tax Increment $12,991,003 $12,598,260
of RTZ Increment 4.41%4.29%
Indoor Waterpark Resort of the Rockies
RTZ Increment
Natural Tax Increment $253,548,134 $253,548,134
Project Tax Increment $43,596,690 $38,899,816
Total Increment $297,144,824 $292,447,950
Net New Sales Tax
Net New Tax Increment $22,022,650 $16,582,457
of RTZ Increment 7.41%5.67%
US Whitewater Adventure Park
RTZ Increment
Natural Tax Increment $253,548,134 $253,548,134
Project Tax Increment $30,468,329 $14,646,199
Total Increment $284,016,463 $268,194,333
Net New Sales Tax
Net New Tax Increment $4,706,140 $3,959,364
of RTZ Increment 1.66%1.48%
Stanley Film Center
RTZ Increment
Natural Tax Increment $253,548,134 $253,548,134
Project Tax Increment $51,813,138 $43,466,116
Total Increment $305,361,272 $297,014,250
Net New Sales Tax
Net New Tax Increment $46,399,582 $28,504,409
of RTZ Increment 15.19%9.60%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Summary 10-2-2015.xlsx]Increment Comparison
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 10 Revised Final Report
In total, the Applicant is requesting $86.1 million over 30 years, or 20.48 percent of the RTZ tax
increment as forecasted in its Application (Table 4). Our analysis calculates that the eligible net
new sales tax is $61.6 million over 30 years, equivalent to 15.79 percent of the cumulative 30
year tax increment forecast in this report.
Table 4
Comparison of Total Tax Increment for All Projects
All Projects Applicant
Third Party
Analyst
RTZ Increment
Natural Tax Increment $253,548,134 $253,548,134
Project Tax Increment $166,997,727 $136,888,576
Total RTZ Increment $420,545,861 $390,436,710
Net New Sales Tax $86,119,375 $61,644,489
of RTZ Increment 20.48%15.79%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Summary 10-2-2015.xlsx]Total
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 11 Revised Final Report
Financial Need
RTA funding is intended to act as gap financing for projects in which there is a financial hurdle
that is impeding development; it is not intended to function as a grant program nor is it intended
to be the primary source of funding. In order to demonstrate financial need, it needs to be
shown that “but for” requested state funding the project cannot be feasibly developed. The
financial criteria also require the applicant to demonstrate some degree of "project readiness" so
that there is an assurance that any state funding that is committed will go to a project that is
defined and approved based on the application, and does not substantially change after funding
is granted. The RTA Statute requires the Applicant to “provide reliable economic data
demonstrating that in the absence of state sales tax increment revenue, the Project is not
reasonably anticipated to be developed in the foreseeable future.” The Applicant has
demonstrated financial need for each project component as summarized below.
PeliGrande Resort and Windsor Conference Center
The financing gap for the PeliGrande is attributed to two primary factors. First, the hotel would
be built to standards and at a cost above what the Northern Colorado market currently supports.
The cost per room is estimated at $366,600, compared to a cost of $150,000 to $200,000 for
mid-range limited service hotels that are more common in the surrounding market area. Second,
the Applicant’s analysis of room rates recommends an average room rate of $247 per night
based on competitive rates in the surrounding market area, which is not high enough to generate
a return on investment at the proposed construction cost and quality.
Indoor Waterpark Resort of the Rockies
The cost of the Waterpark Resort is $138.3 million, or $419,000 per room including the water
park feature. Similar to the PeliGrande, the development costs require a room rate above what
the local market supports. The RTA funds, pooled with local sales tax incentives and a public
improvement fee generate a sufficient financial return for the project to proceed.
U.S. Whitewater Adventure Park
The Whitewater Adventure park cost is estimated at $61 million, including $10.5 million in land
costs amounting to 17 percent of the total cost. RTA funds are estimated by the Applicant to
contribute $1.0 million in financing proceeds, a minor amount of the funding and financing needs
at 1.7 percent of project cost. Renegotiating with the land owner to reduce the land costs by
1.0 million or more would have the same and potentially greater impact than RTA funds. The
financial need for this Project is in our judgement due in part to high land costs.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 12 Revised Final Report
Stanley Film Center
The Stanley Film Center meets the test of financial need, however the financing plan relies
heavily on state RTA funding in place of contributions from other project partners. The project
cost is $24.5 million. The financing supported by the requested RTA funds amounts to nearly 40
percent of the project cost or $9.7 million. The Applicant has not raised any philanthropic support
from the film industry, Film Center Board members, or the broader Estes Park community. The
Stanley Hotel, which will directly benefit from activities held in the Film Center, will likely have to
provide loan guarantees but the financing plan does not include substantial equity from the
Stanley Hotel or related entities.
The Project is unique and potentially a significant tourism draw, however the concept is also
risky and unproven. We recommend that any RTA award for this Project element be contingent
on the completion of a comprehensive business plan, a feasible construction financing program,
and specific benchmarks regarding the programming and development of film and media events
that are truly capable of attracting out-of-state destination visitors.
Attachment 1
Economic & Planning Systems, Inc. 13 143071-Go NoCO Report_10-29-15.docx
2. PROPOSED TOURISM PROJECT
This chapter summarizes the Go NoCO Project Application including the development program,
timing and phasing, construction costs, and use of RTA funds. It also includes a summary of the
Applicant’s economic analysis and visitation and state sales tax increment estimates.
Project Description
Go NoCO’s development program contains four elements summarized below and in Table 5.
PeliGrande Resort and Windsor Conference Center
Indoor Waterpark Resort of the Rockies
U.S. Whitewater Adventure Park
Stanley Film Center
Table 5
Go NoCO Proposed Tourism Projects Overview
PeliGrande Resort and Windsor Conference Center
The PeliGrande Resort and Windsor Conference Center is a proposed 300-room hotel and
conference center in Windsor. The development plan calls for two restaurants, upscale lounge,
luxury spa, 58,500 square feet of meeting and conference space, and an event island for
weddings and other functions. It is envisioned as Northern Colorado’s only four star golf resort
and conference center and described as comparable in quality and market appeal to the
Broadmoor Resort in Colorado Springs. Currently no resorts of this quality exist in the Northern
Colorado market area. The resort will be located on a 10-acre site in Water Valley, an existing
resort-style lakefront golf community in the Town of Windsor approximately six miles east of I-25.
Facility Location Description
PeliGrande Resort & Windsor Conference Center Windsor 300 room resort hotel and conference center
Indoor Waterpark Resort of the Rockies Loveland, north of The Ranch 75,000 sq. ft. indoor water park, 330 room hotel
U.S. Whitewater Adventure Park Loveland, north of The Ranch 20 acre whitewater park, outdoor adventure facilities
Stanley Hotel Auditorium Stanley Hotel, Estes Park 42,750 sq. ft. film center, museum, and theatres
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Program 081015version2.xlsx]1-Prog
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 14 Revised Final Report
Figure 1
Go NoCO Proposed Tourism Projects Locations
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 15 Revised Final Report
Visitation Estimates
In the stabilized operating year, estimated to be 2021, the $110 million resort and conference
center hotel is estimated to attract nearly 146,000 visitors accounting for 81,000 room nights, as
shown in Table 6. Of the 145,854 visitors, just over two-thirds are projected to be from outside
Colorado with 46,080 or 31.6 percent of the total (46.5 percent of out-of-state visitors)
estimated to be net new to the state.
Table 6
PeliGrande Resort Visitor Estimates (Applicant)
The developer of the proposed PeliGrande Resort has secured a commitment from the
Professional Golf Association (PGA) to host a Champions Tour event at a new Fred Funk designed
Raindance National Golf Course. Although Raindance is not a part of the RTA request and will be
funded separately, the development of the hotel property is integral to the PGA commitment.
This tournament would be Colorado’s only long-term PGA sponsored event and is projected to
attract 32,500 attendees generating approximately 16,000 annual room nights. Additionally,
strategic relationships will be set up with local and regional outdoor amenities including activities
such as boating, hiking, horseback riding, shooting, climbing, and mountain biking.
According to the Applicant, the primary existing hotel/conference competitors for the PeliGrande
Resort Conference Center in the Northern Colorado market are the Hilton and Marriott in Fort
Collins and the Embassy Suites in Loveland. Secondary competitors are identified as higher end
properties outside of the immediate market and include the Broadmoor in Colorado Springs and
the Grand Hyatt, Westin, Four Seasons, and Brown Palace in Denver.
Component
Room
Nights
Visitor
Days Pct. Visitors Pct. Visitors
Pct. Of
Total
1.80
Commercial 4,000 7,203 67.9% 4,890 46.5% 2,276 31.6%
Meeting & Group 49,000 88,233 67.9% 59,908 46.5% 27,876 31.6%
Golf Travelers 16,000 28,811 67.9% 19,562 46.5% 9,102 31.6%
Leisure 12,000 21,608 67.9%14,671 46.5%6,827 31.6%
Total 81,000 145,854 67.9%99,032 46.5%46,080 31.6%
Source: GoNoCO Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program09-26-2015.xlsx]2-Visitors
Out of State Net New Out of State
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 16 Revised Final Report
Taxable Sales Estimates
The PeliGrande Resort and Windsor Conference Center is forecast by the Applicant to generate
approximately $1.4 billion in visitor spending over the 30 year tax increment period from 2016
through 2045, as shown in Table 7. Out-of-state visitors are estimated to account for just over
two-thirds of the total spending at $962.7 million. Net new spending is estimated at $447.9
million which is 46.5 percent of out-of-state spending. These spending projections equate to a
Project tax increment of $41.1 million with $12.9 million in net new sales tax generated by out-
of-state visitors. The net new sales tax equates to 4.41 percent of the total tax increment
forecasted in the RTZ (natural growth of the base plus project increment). Note that the Applicant
does not include any spending impacts from the prospective PGA event in its funding request.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 18 Revised Final Report
Funding Request
Table 8 shows the Applicant’s projected development costs for the PeliGrande Hotel and
Conference Center. Land costs for the 10-acre site are $6.53 million or approximately $15.00 per
square foot of land. Total hard costs total 76 percent (including land), with 15 percent for soft
costs and a 9 percent contingency. In total, the Project is expected to cost approximately $110
million to construct which equates to nearly $367,000 per room or $355 per square foot.
Table 8
PeliGrande Resort Development Costs
Description Total Cost % Total
Per
Room
Per Sq. Ft.
of Bldg.
Soft Costs
Permits and Fees $700,000 0.6% $2,333 $2.26
Finance $0 0.0% $0 $0.00
Pre-Opening Expenses (Marketing, Staffing, etc.)$1,750,000 1.6%$5,833 $5.65
Capital Maintenance and Reserves $1,000,000 0.9%$3,333 $3.23
Other Soft Costs $13,264,389 12.1%$44,215 $42.86
Subtotal Soft Costs $16,714,389 15.2%$55,715 $54.00
Hard Costs
Parking $7,541,150 6.9%$25,137 $24.36
Land ($15.00/sq. ft. of land)$6,534,000 5.9%$21,780 $21.11
Construction $56,601,265 51.5%$188,671 $182.87
FF&E $11,750,000 10.7%$39,167 $37.96
Field and Sport Equipment $0 0.0% $0 $0.00
IT Systems $850,000 0.8%$2,833 $2.75
Subtotal Hard Costs $83,276,415 75.7%$277,588 $269.06
Contingency $9,999,080 9.1%$33,330 $32.31
Contingency % (of Hard Costs)12.0%---12.0%12.0%
Total Facility Cost $109,989,884 100.0%$366,633 $355.36
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program 09-26-2015.xlsx]11-All CostsPG
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 19 Revised Final Report
Table 9 shows the expected funding sources for the PeliGrande Resort and Conference Center.
Private debt and equity are currently assumed at $83 million or 76 percent. Public sector
funding, including local sales tax sharing and public improvement fees, will cover slightly more
than 21 percent of the Project costs. The remainder, 3 percent, will be funded by the bond
proceeds from RTA funding.
Table 9
PeliGrande Resort Funding Sources
Description Amount
Private Debt $58,000,000
Private Equity $25,000,000
Net Bond Proceeds
Local TIF $3,907,471
Public Improvement Fees $19,444,583
Participant Facility Fees $0
Developer Contribution/Guarantee $359,321
RTA Funding (Bond Amount) $3,277,625
Total $109,989,000
Funding Source Allocation
Private Funding 75.8%
Public Sector Funding 21.2%
RTA Funding (Bond Amount)3.0%
Total 100.0%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Program 071515.xlsx]12-Funding Sources
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 20 Revised Final Report
Indoor Waterpark Resort of the Rockies
The Indoor Waterpark Resort of the Rockies is a proposed 330-room hotel property to be built in
the City of Loveland on Fairgrounds Avenue north of the existing Budweiser Events Center.
Included in the complex is a 75,000 square foot indoor waterpark, 55,000 square foot outdoor
waterpark, 20,000 square foot family entertainment center featuring mini-golf and laser tag,
40,000 square foot of meeting and conference space, 3,000 square foot of retail, a 3,000 square
foot spa, and 7,400 square foot restaurant and lounge as shown in Table 10.
Table 10
Indoor Waterpark Resort Development Program
The property is expected to be comparable in scale, quality, and market position to a Great Wolf
Lodge Resort. The Indoor Waterpark Resort of the Rockies management team previously worked
for Great Wolf Resorts, the owner-operators of 13 properties across the country in locations such
as the Poconos, PA; Williamsburg, VA; and Wisconsin Dells, WI. The business model ties together
waterpark and hotel admission and creates a comprehensive resort experience by complementing
this with specialty restaurants, arcades, spas, fitness rooms, and children’s play areas.
Component Size
Hotel 330 rooms
Indoor Waterpark 75,000 sq. ft.
Outdoor Waterpark 55,000 sq. ft.
Family Entertainment Center 20,000 sq. ft.
Meeting Conference Space 40,000 sq. ft.
Retail 3,000 sq. ft.
Spa 3,000 sq. ft.
Restaurant/Lounge 7,400 sq. ft.
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Indoor Waterpark Program 081015.xlsx]IWP-Prog
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 21 Revised Final Report
Visitation Estimates
The Project is projected to attract nearly 300,000 visitors annually at stabilization in 2021.
Families will make up a majority of the guests and as a result the facility has a high average
occupancy figure of 3.5 persons per room. Out-of-state visitors are estimated to be 170,128 or
56.8 percent of the total. Of these, 151,200 or 50.5 percent are projected to be net new (60
percent of induced room nights).
Table 11
Indoor Waterpark Resort Visitor Estimates (Applicant)
Taxable Sales Estimates
Table 12 shows that over the 30-year increment period, the Indoor Waterpark Resort of the
Rockies is projected to generate over $1.5 billion in new spending. Of this total, $854.5 million or
57 percent is projected to be generated by out-of-state visitors. The Applicant estimates that
759.4 million or 89 percent of the out-of-state spending will be net new to the state. This
equates to $22.0 million in net new sales tax which is the RTA funding request. It is equivalent to
7.41 percent of the tax increment forecasted in the RTZ.
Project
Room
Nights
Visitor
DaysPct.
Visitor
DaysPct.
Visitor
Days
Pct. Of
Total
3.50/room
Indoor Waterpark Resort of the Rockies 85,520 299,320 56.8% 170,128 88.9% 151,200 50.5%
Source: GoNoCO Application; Economic & Planning Systems
Out of State Net New Out of State
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 23 Revised Final Report
Funding Request
Projected development costs for the Indoor Waterpark Resort of the Rockies total $138.3 million
as shown in Table 13. Construction, land, parking and furniture, fixtures and equipment
comprise $112.6 million (81.4 percent) of the cost and the Project has a built in 7 percent
contingency of $9.7 million. Approximately $16 million or 11.6 percent of the total will be
devoted to finance and pre-opening expenses such as marketing and staffing in addition to other
soft costs. The costs per room and per square foot, $419,000 and $308 respectively, are about
15 percent higher than that of PeliGrande. This is due to the added construction costs associated
with the waterpark.
Table 13
Indoor Waterpark Resort Development Costs
Description Total Cost % Total
Cost Per
Room
Cost Per
Sq. Ft.
Soft Costs
Permits and Fees $0 0.0% $0 $0.00
Finance $5,500,000 4.0% $16,667 $12.24
Pre-Opening Expenses (Marketing, Staffing, etc.)$1,900,000 1.4%$5,758 $4.23
Capital Maintenance and Reserves $0 0.0%$0 $0.00
Other Soft Costs $8,595,000 6.2%$26,045 $19.12
Subtotal Soft Costs $15,995,000 11.6%$48,470 $35.58
Hard Costs
Parking $4,000,000 2.9%$12,121 $8.90
Land $6,500,000 4.7%$19,697 $14.46
Construction $92,500,000 66.9%$280,303 $205.79
FF&E $9,630,000 7.0%$29,182 $21.42
Field and Sport Equipment $0 0.0% $0 $0.00
IT Systems $0 0.0%$0 $0.00
Subtotal Hard Costs $112,630,000 81.4%$341,303 $250.57
Contingency $9,705,000 7.0%$29,409 $21.59
Contingency % (of Hard Costs)8.6%---8.6%8.6%
Total Facility Cost $138,330,000 100.0%$419,182 $307.75
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Indoor Waterpark 09-23-2015.xlsx]11-All Costs WP
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 24 Revised Final Report
The expected funding sources for the Indoor Waterpark Resort are shown in Table 14. Nearly 80
percent of the $138.3 million needed to develop this Project is expected to come from private
debt and equity. In addition to the $107.9 million in private funding, local public funding in the
form of TIF and public improvement fees make up 17 percent of the total, or $23.6 million. The
final 4.4 percent is the financing amount estimated to be supported by the proposed $22 million
in RTA funds over the 30 year financing period.
Table 14
Indoor Waterpark Resort Funding Sources
Description Amount Percent
Private Funding
Private Debt $75,565,000 54.6%
Private Equity $32,335,000 23.4%
Subtotal $107,900,000 78.0%
Net Bond Proceeds
Local TIF $8,835,218 6.4%
Public Improvement Fees $14,815,864 10.7%
Developer Contribution/Guarantee $648,275 0.5%
RTA Funding (Bond Amount)$6,130,642 4.4%
Subtotal $30,430,000 22.0%
Total Sources $138,330,000 100.0%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Indoor Waterpark 09-23-2015.xlsx]12-Funding Sources
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 25 Revised Final Report
U.S. Whitewater Adventure Park
The U.S. Whitewater Adventure Park is proposed for a site north of “The Ranch”, the Larimer
County Fairgrounds Complex in Loveland, adjacent to the Indoor Waterpark Resort of the
Rockies. The main attraction is a 20-acre artificial whitewater river system designed to Olympic
standards, allowing the facility to host U.S. Olympic Trials and other national and international
events as well as accommodating beginner and intermediate paddlers. Numerous other outdoor
activities are a part of the development such as a whitewater rescue training center, climbing
wall, zip line, obstacle course, canopy tour, canyoneering attraction, and children’s play area.
Supporting features include a restaurant, retail shops, amphitheater, and event space. Currently
there are only a handful of comparable facilities in the country, namely the U.S. National
Whitewater Center in Asheville, NC and the planned Riversport project in Oklahoma City’s
Boathouse District.
Visitation Estimates
The $61 million Project element, which would be highly visible along I-25 near the existing
Budweiser Events Center, is projected to attract nearly 400,000 annual visitors. Only about 8
percent are projected to be net new to the state as it is assumed that many of the visitors would
have been coming to Colorado to paddle on the state’s rivers or participate in other outdoor
activities (Table 15). Attendees will have whitewater and dry-sport passes to choose from and
visitation will also be driven by races and events, private functions, concerts and festivals,
private and group instruction, and youth team activities and camps.
Table 15
U.S. Whitewater Adventure Park Visitor Estimates (Applicant)
Taxable Sales Estimates
Spending from overnight visitors totals $342.2 million from 2016 through 2045 (Table 16).
Spending from out-of-state overnight visitors comprises just over 63 percent of the spending. An
estimated 75 percent of the out-of-state overnight visitors are estimated to be net new to
Colorado, spending $162.3 million and generating $4.7 million in net new sales tax to the state
which is the funding request for this Project element, or 1.66 percent of the tax increment.
Component
Room
Nights
Visitor
Days Pct. Visitors Pct. Visitors
Pct. Of
Total
U.S. Whitewater Adventure Park 43,930 397,920 10.5% 41,640 75.0% 31,230 7.8%
Source: GoNoCO Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Whitewater Program081015.xlsx]2-Visitors
Out of State Net New Out of State
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 27 Revised Final Report
Funding Request
Total development costs totaling $61 million for the U.S. Whitewater Adventure Park are shown
by category in Table 17. As with the hotel projects, the land, fixtures and construction of the
facility make up a large majority of the total; $50.3 million, or 82.5 percent of the cost, is
dedicated to these parts of the Project. Marketing, staffing, and other soft costs comprise 6.7
percent of the total budget or $4.1 million. Land acquisition is a significant cost item at $10.5
million for the 30-acre site or $8 per square foot. There is also $6.6 million or 13.1 percent of
hard costs allocated to contingencies.
Table 17
U.S. Whitewater Adventure Park Development Costs
Description Total Cost % Total
Cost
Per Ac.
Soft Costs
Permits and Fees $0 0.0%$0
Finance $0 0.0%$0
Pre-Opening Expenses (Marketing, Staffing, etc.) $482,669 0.8% $24,133
Capital Maintenance and Reserves $0 0.0%$0
Other Soft Costs $3,581,306 5.9% $179,065
Subtotal Soft Costs $4,063,975 6.7%$203,199
Hard Costs
Parking $0 0.0%$0
Land $10,454,000 17.1% $522,700
Construction $38,613,486 63.3% $1,930,674
FF&E $1,254,539 2.1% $62,727
Field and Sport Equipment $0 0.0%$0
IT Systems $0 0.0%$0
Subtotal Hard Costs $50,322,025 82.5% $2,516,101
Contingency $6,590,000 10.8% $329,500
Contingency % (of Soft Costs)13.1%---13.1%
Total Facility Cost $60,976,000 100.0% $3,048,800
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Whitewater Program 081015.xlsx]11-All Costs WWP
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 28 Revised Final Report
Table 18 shows the Applicant’s planned funding sources for the U.S. Whitewater Adventure
Park. Of the $61 million in development costs, approximately $49 million will come from private
debt and equity accounting for 80.6 percent of the total. Local TIF and public improvement fees
of $10.8 million will fund 17.8 percent of the Project and RTA bond proceeds estimated at $1.0
million will cover the remaining 1.7 percent of Project costs.
Table 18
U.S. Whitewater Adventure Park Funding Sources
Description Amount
Private Debt $39,231,200
Private Equity $9,807,800
Net Bond Proceeds
Local TIF $816,729
Public Improvement Fees $10,022,275
Participant Facility Fees $0
Developer Contribution/Guarantee $85,667
RTA Funding (Bond Amount) $1,012,329
Total $60,976,000
Funding Source Allocation
Private Funding 80.6%
Public Sector Funding 17.8%
RTA Funding (Bond Amount)1.7%
Total 100.0%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Program 071515.xlsx]12-Funding Sources
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 29 Revised Final Report
Stanley Film Center
The 140-room Stanley Hotel is an iconic historic hotel in Estes Park and is perhaps best known as
the inspiration for the classic horror film, The Shining. The Stanley Hotel is owned and operated by
Grand Heritage Hotel Group, who specializes in owning, operating, and acquiring and repositioning
unique or niche hotel and resort properties in the U.S., Europe, and Central America. Estes Park
is the gateway to Rocky Mountain National Park, which had 3.4 million visitors in 2014.
The Shining (1980) was based on a Stephen King novel of the same name, starring Jack
Nicholson and directed by Stanley Kubrick. Stephen King had stayed in Room 217 and awoke
from a nightmare which gave him the inspiration for the book. The exterior shots of the hotel in
the movie are actually the Timberline Lodge in Mount Hood, Oregon and much of the interior
portions of the movie were filmed in a studio in England. Nevertheless, the Stanley Hotel is
known for and has been successful in marketing its close connection to The Shining. The Stanley
Hotel reportedly has approximately 400,000 drop-by visitors per year, and hosts 60,000 to
80,000 people per year on one-hour ghost tours (Table 19). It was also used as a filming
location in the 1994 film Dumb and Dumber.
Table 19
Stanley Hotel Ghost Tour Attendance
The four day Stanley Film Festival is hosted at the Stanley Hotel and had paid attendance of
2,142 in 2015 and was founded in 2013 in partnership with the Denver Film Society. The Film
Festival was held in the Stanley Concert Hall, Park Theatre, and Reel Mountain Theatre. Many
screenings were reported to be sold out in 2015, generating a need for a larger venue.
The proposed RTA Project is an 11,000 square foot museum (gallery and exhibit area), state-of-
the-art movie theaters, supporting food and beverage, and a 1,200 square foot museum shop
Table 20). The museum is proposed to have the world’s largest horror film archive and rotating
displays and exhibits of original movie props, posters, memorabilia, and classic horror films. The
Center would contain: a 500 seat main theater, a 300 seat outdoor theater, a small 50 seat
outdoor theater, and a VIP theater of approximately 50 seats. The Film Discovery and Archive
Center (museum) would consist of 8,000 square feet of gallery space and 3,000 square feet of
special exhibit space. There would also be 4,000 square feet of meeting rooms, plus video and
sound editing studios for special classes and other meetings.
Year
Tour Tickets
Sold
2011 59,951
2012 74,163
2013 63,869
2014 72,025
YTD 2015 65,342
Source: Stanley Hotel
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 30 Revised Final Report
The Stanley Film Center has been described by the developer as “the permanent home of the
horror film genre”. It is proposed as a partnership between the Stanley Hotel and Colorado Film
School. An MOU between the Colorado Film School and the Stanley Film Center outlines the
types of programs, exhibits, and events which they will collaborate to develop. The Applicant has
received numerous letters of support and interest from film industry professionals and other film
festivals and film archives.
Table 20
Stanley Film Center Program
Description Amount Units
Theater
Main Theater 500 Seats
Outdoor Theater 300 Seats
Outdoor Theater 2 50 Seats
VIP Theater 45-50 Seats
Film Discovery and Archive
Galleries 8,000 Sq. Ft.
Archive/Special Exhibit Area 3,000 Sq. Ft.
Meeting Rooms 4,000 Sq. Ft.
Video Editing 700 Sq. Ft.
Sound Editing 500 Sq. Ft.
Theatre and Discovery Center Support
Restaurant 150 Seats
Museum Shop 1,200 Sq. Ft.
Concession Area 60 Seats
Private Dining 50 Seats
Lounge 40 Seats
Source: GoNoCO Application
H:\143071-Colorado RTA Evaluation\M odels\[143071-Stanley Program.xlsx]1-Program
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 31 Revised Final Report
Visitation Estimates
The Applicant builds an attendance estimate based on average attendance per event multiplied
by the number of days of operation for each event including museum visits, film screenings, and
other special events. Museum attendance is estimated at 400 per day and 144,000 per year
Table 21). The Film screenings would consist of cult classic films, regular showings of The
Shining, and new releases. The Film Festival would also be extended from 4.5 to 6 days. In total,
film screenings are projected to be 400 per year by 2021, the stabilized operating year for the
Project. Annual attendance to film screenings is estimated at 73,250 per year. Other center
attendance would come from theater rentals and meetings, at 75 events per year each. Concerts
and other entertainment shows are estimated at 25 events per year. Fifteen days of social
events and awards (including the Stanley Film Festival) are estimated. Finally, the Applicant
estimates 50 annual Master Classes with horror film industry experts in fields such as sound and
video production/editing, makeup, special effects, writing, and production. These Master Classes
are described as college credit courses offered for a three to four week period in January and
May. This allows college students enrolled at other institutions to earn credit for one class offered
during a period when they are on vacation. Some colleges have modified their schedules to allow
for this option by modifying the nine-month school year to a 4-4-1 or 4-1-4 semester system.
Total annual attendance is projected by the Applicant to be 259,375 which equates to 280,500
visitor days after applying a factor for the length of stay attributed to the attraction. Overnight
visitor days, the major spending driver in the RTA analytical framework, are estimated at
263,400 per year after adjusting for a small proportion of people who do not stay overnight to
visit the attraction.
Table 21
Stanley Film Center Attendance (Applicant)
Venue
Operation Days
or Events
Average
Attendance
Annual
Attendance
Nights
Stayed
Visitor
Days
Percent
Lodgers
Overnight
Visitor Days
Museum 360 400/day 144,000 1.00 144,000 95.0% 136,800
Film Screenings
Large Hall 200 250/event 50,000 1.00 50,000 95.0% 47,500
Half Hall 75 185/event 13,875 1.25 17,344 95.0% 16,477
Small Halls 125 75/event 9,375 1.25 11,719 95.0% 11,133
Subtotal 400 73,250 79,063 75,109
Other Events
Theater Rentals 75 275/event 20,625 1.50 30,938 95.0% 29,391
Meetings 75 40/event 3,000 1.50 4,500 95.0%4,275
Concerts and Entertainment 25 400/event 10,000 1.00 10,000 95.0%9,500
Awards and Social Events 15 450/event 6,750 1.00 6,750 50.0%3,375
Master Classes 50 35/event 1,750 3.00 5,250 95.0%4,988
Subtotal 240 42,125 57,438 51,528
Total 1,000 259,375 280,500 263,438
Source: GoNoCO Application
H:\143071-Colorado RTA Evaluation\M odels\[143071-Stanley Program 10-26-2015.xlsx]2-Attendance
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 32 Revised Final Report
Of the 263,438 overnight visitor days, the Applicant estimates that 79.5 percent of those
captured in the RTZ will come from outside Colorado and that 87.1 percent will be net new to the
State (Table 22). The total blended adjustment of 79.5 out-of-state and 87.1 percent net new is
69.3 percent when combined, which is derived from an estimate of the room nights that can be
captured in Estes Park considering the size of the Town’s bed base and the new demand
resulting from the film center. The Applicant forecasts 182,600 annual net new visitor days upon
project stabilization in 2021.
Table 22
Stanley Film Center Net New Visitor Days (Applicant)
Taxable Sales Estimates and Funding Request
The funding request for the Stanley Film Center is $46.4 million over 30 years (Table 23).
Overnight visitors are estimated to generate $68.1 million in spending in 2021, the stabilized
year, and day visitors generate another $1.1 million in annual spending. After adjusting for
spending captured in the RTZ (87 percent), and net new spending (90 percent), the resulting net
new state sales tax totals $46.4 million over 30 years with 2.5 percent annual inflation. This is
equivalent to 15.19 percent of the forecasted sales tax in the Go NoCO RTZ. The requested
funding amount is estimated to support $9.7 million in financing which is equal to nearly 40
percent of the Project cost.
Venue Overnight #
Overnight
Out of
State %
Overnight
Out of
State #
Overnight
In State
Net New Out
of State %
Net New Out
of State #
Museum 136,800 79.54% 108,817 27,983 87.1% 94,826
Film - Large Hall 47,500 79.54% 37,784 9,716 87.1% 32,926
Film - Half Hall 16,477 79.54% 13,106 3,370 87.1% 11,421
Film - Small Hall 11,133 79.54% 8,856 2,277 87.1% 7,717
Theatre Rentals 29,391 79.54% 23,379 6,012 87.1% 20,373
Meetings 4,275 79.54% 3,401 874 87.1% 2,963
Concerts & Entertainment 9,500 79.54% 7,557 1,943 87.1% 6,585
Awards, Social Events, & Meetings 3,375 79.54% 2,685 690 87.1% 2,339
Master Classes 4,988 79.54%3,967 1,020 87.1%3,457
Total 263,438 79.54% 209,551 53,887 87.1% 182,607
Source: Anderson Analytics
H:\143071-Colorado RTA Evaluation\Models\[143071-Stanley Program 10-26-2015.xlsx]MA
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 34 Revised Final Report
Project Cost and Financing Plan
The Stanley Film Center construction budget is $24.5 million, or $572 per square foot for the
42,750 square foot facility (Table 24). The 2.5-acre site is proposed to be donated by the
Stanley Hotel and is valued at $2.0 million which is equal to $18 per square foot. The building
hard cost is $447 per square foot. Soft costs and contingency are budgeted at 10 percent of hard
costs, or $47 per square foot. Furniture, fixtures, and equipment (FF&E) are budgeted at another
32 per square foot.
Table 24
Stanley Film Center Project Cost
The Project would be financed with a conventional loan by the RTA Project entity, estimated at
11.1 million or 45.5 percent of the Project cost (Table 25). Bond proceeds from the requested
46.4 million in RTA funds are estimated at $9.7 million and comprise 39.8 percent of the Project
cost. A developer guarantee would likely be needed on a portion of the bond debt service,
estimated at $1.6 million. No equity contributions from non-profit fundraising, Stanley Film
Center Board member contributions, or Grand Heritage Hotels are included in the financing plan.
Grand Heritage or a related entity would likely have to provide loan guarantees on any debt,
however. No local funding or financing from the Town of Estes Park is included due to Town
budget constraints related to flood recovery.
Table 25
Stanley Film Center Financing Plan
Item Cost Per Sq. Ft.
42,750
Land [1]$2,000,000 $47
Buildings 19,100,000 447
Soft Costs and Contingency 2,000,000 47
FF&E 1,368,000 32
Total $24,468,000 $572
1] Per square foot cost is per square foot of building area.
Source: GoNoCO Application
H:\143071-Colorado RTA Evaluation\Models\[143071-Stanley Program.xlsx]Costs
Source Amount Percent
Donations $2,000,000 8.2%
Non-Profit Debt 11,130,000 45.5%
RTA Bonds 9,730,011 39.8%
Developer Contribution 1,607,989 6.6%
Total $24,468,000 100.0%
Source: GoNoCO Application
H:\143071-Colorado RTA Evaluation\Models\[143071-Stanley Program.xlsx]Costs
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 35 Revised Final Report
Total Visitors and Taxable Sales
The Applicant’s estimates of total visitors are shown by Project element in Table 26. A total of
1.11 million annual visitors are forecast by the Applicant with 520,351 out-of-state visitors. Of
the out-of-state visitors, 411,000 or just under 80 percent estimated as net new (NNOSV).
Table 26
Go NoCO Total Visitation (Applicant)
Project Phasing
All four components of the Go NoCO application have an expected Project approval date of
January 2016 and a construction period of 24 to 30 months (Table 27). The Indoor Waterpark
Resort of the Rockies and the U.S. Whitewater Adventure Park are each projected to open in
January of 2018. The PeliGrande Resort and Windsor Conference Center has a projected opening
date of July 2018, and the Stanley Film Center has an estimated opening date of July 1, 2018.
Table 27
Go NoCO Project Phasing
Total Cost and RTA Funding Requests
The total Project development costs of the four components evaluated is $333.8 million as shown
in Table 28. The total requested tax increment derived from net new out-of-state visitor
spending totals $86.1 million over the 30-year time period which is 20.48 percent of the total as
shown in Table 29.
Facility
Year of
Stabilization
Total
Visitors
Out Of
State
Out of
State % NNOSV NNOSV
Peligrande Resort & Windsor Conference Center 2021 145,854 67.9% 99,032 46.5% 46,080
Indoor Waterpark Resort of the Rockies 2021 299,320 56.8% 170,128 88.9% 151,200
U.S. Whitewater Adventure Park 2020 397,920 10.5% 41,640 75.0% 31,230
Stanley Film Center [1]2021 263,438 79.5%209,551 87.1%182,607
Total 1,106,532 47.0% 520,351 79.0% 411,117
1] Overnight visitor days. Total visitor days are 280,500 per year.
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Summary 10-2-2015.xlsx]Sheet1
Project Component 2018
Peligrande Resort & Windsor Conference Center
Indoor Waterpark Resort of the Rockies
U.S. Whitewater Adventure Park
Stanley Film Center
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Summary 09-23-2015.xlsx]Phasing
2016 2017
30 Months;Opening July2018
24 Months;Opening Jan.2018
30 Months;Opening July 2018
24 Months;Opening Jan.2018
Attachment 1
Economic & Planning Systems, Inc. 38 143071-Go NoCO Report_10-29-15.docx
3. PELIGRANDE RESORT ANALYSIS
This chapter presents the TPA’s independent evaluation of the Applicant’s total estimates of total
and net new out-of-state visitors and the associated spending and state sales tax projections for
the PeliGrande Hotel and Windsor Conference Center. It also provides the TPA estimate of the
net new sales tax eligible to be dedicated to the Project from 2016 through 2045.
Net New Visitors
The Applicant has estimated that 67.9 percent of PeliGrande’s 145,854 annual visitor days will
come from outside Colorado (Table 30). Visitors drawn by the Raindance golf course are
estimated to support 16,000 room nights, equating to 28,800 annual visitor days. The remaining
117,000 visitor days are attributed to other business and leisure travel generated by the resort.
Visitors who are net new to the state are estimated by the Applicant at with 46.5 percent of the
out-of-state visitors, or 46,080 per year which equates to 31.6 percent of total annual visitors.
Table 30
PeliGrande Resort Visitor Estimates (Applicant)
Component
Room
Nights
Visitor
Days Pct. Visitors Pct. Visitors
Pct. Of
Total
1.80
Commercial 4,000 7,203 67.9% 4,890 46.5% 2,276 31.6%
Meeting & Group 49,000 88,233 67.9% 59,908 46.5% 27,876 31.6%
Golf Travelers 16,000 28,811 67.9% 19,562 46.5% 9,102 31.6%
Leisure 12,000 21,608 67.9%14,671 46.5%6,827 31.6%
Total 81,000 145,854 67.9%99,032 46.5%46,080 31.6%
Source: GoNoCO Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program09-26-2015.xlsx]2-Visitors
Out of State Net New Out of State
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 39 Revised Final Report
The PeliGrande developer has received a commitment from the PGA to host a Champions Tour
event once the Fred Funk designed Raindance National Golf Club has been completed. The Applicant
is not requesting any credit for spending and sales tax attributed specifically to the PGA Tour
event. The only visitor spending attributed to the golf course is shown above as part of the hotel.
The golf course is therefore an amenity which helps to drive room nights in the PeliGrande hotel.
This PGA tour would be the state’s only annual PGA event (based on a letter of commitment).
Attendance figures from other golf tournaments provided by the Applicant are shown below in
Table 31. The Mississippi Gulf Resort Classic is the only Champion’s Tour event listed, and had
attendance of 35,000 with 22 percent from outside Mississippi. The other events are either not
comparable or are located in larger market areas. The Applicant’s attendance estimate of 32,500
is lower than the one PGA Champions Tour event shown and is therefore judged to be a
reasonable estimate.
Table 31
Comparable Golf Tournament Attendance
Tournament Location Year
Total
Attendance
Out of State
Attendance
WMPO Phoenix, AZ 2012 518,062 29.8%
US Open San Diego, CA 2008 295,429 21.2%
PGA Championship Sheboygan, WI 2005 94,470 32.8%
Toshiba Classic Newport Beach, CA 2007 85,000 20.0%
Players Championship Ponte Vedra, FL 2005 72,000 44.0%
American Express Championship San Francisco, CA 2005 47,000 17.0%
Mississi ppi Gulf Resort Classic [1]Biloxi, MS 2011 35,000 22.0%
Champions Tour Average 60,000 20.6%
1] A Champions Tour event
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-GoNoCo Program 081015.xlsx]TournamentComps
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 40 Revised Final Report
While the PeliGrande will be Northern Colorado’s only four star resort and conference center,
meeting and group business travel is highly competitive. Some of PeliGrande’s business will most
likely come as a result of cannibalization from other properties in the state. Colorado has
numerous high end hotel, conference centers, and golf courses including The Broadmoor in
Colorado Springs, and others in mountain areas such as Vail, Beaver Creek, and Aspen. The
Applicant’s analysis already includes a 46.5 percent net new factor, assuming that the remainder
of the hotel business would come from competition with other existing properties in the state
Table 32). This net new estimate, while aggressive, is judged to be within the parameters of
reasonableness; therefore no further adjustments have been made.
Table 32
PeliGrande Resort Net New Adjustment
Criteria Comments Adjustment
Initial Total 100%
Uniqueness and Competition - Applicant's adjustment
recognizes potential competition
with other high-end resorts and
conference centers in the state.
53.5%
Relocation of Existing Use within Colorado -N/A 0%
Primary Destination / Reason for Trip -No adjustment 0%
Ability to Capture Spending/Tourism Leakage
from Colorado Residents
No adjustment 0%
Net New Factor 46.5%
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program 09-1-2015.xlsx]14-Resort Net New
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 41 Revised Final Report
The Applicant’s spending assumptions for the PeliGrande are shown in Table 33. Daily spending
of $273 per overnight visitor was deemed reasonable due to the high-end nature of the
PeliGrande Resort. The Applicant’s figures were presented in 2021 dollars to project hotel
operating revenues at Project stabilization in 2021 and are adjusted back to 2015 dollars for the
purposes of spending and sales tax projections. We also adjusted the proportion of spending
estimated to be captured within the RTZ. Since the resort hotel is the destination, 100 percent of
lodging spending attributed to the PeliGrande would be captured in the RTZ. However, we
believe that less than 100 percent of retail and food and beverage spending would occur in the
zone, such as Fort Collins and other nearby communities or attractions outside the Go NoCO
RTZ. We have adjusted retail and food and beverage spending to 85 percent capture, resulting in
an overall average spending capture rate of 94 percent as shown below.
Table 33
PeliGrande Resort Spending Assumptions
Description
Applicant
Spending
Estimate
Applicant
Spending
Estimate
TPA Estimated
Spending
Captured
in RTZ
Captured
Spending
2021 $2015 $2015 $
Lodging Spending
Lodging Room Rate $286.92 $247.41
Persons Per Room 1.8 1.8
Total Lodging Spending Per Overnight Visitor $159.40 $137.45 100.0% $137.45
Other Overnight Visitor Spending
On-Site Food & Beverage $76.51 $65.97
On-Site Retail/Other $23.29 $20.08
Off-Site Food & Beverage $0.00 $0.00
Off-Site Retail $13.87 $11.96
Off-Site Recreational $0.00 $0.00
Total Other Spending Per Overnight Visitor $113.67 $98.02 85.0% $83.31
Total Spending Per Overnight Visitor $273.07 $235.47 93.8% $220.76
Note: Assumes 2.5% inflation
Source: GoNoCo Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program 09-1-2015.xlsx]Spending
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 42 Revised Final Report
Tax Increment Analysis
In order to calculate the incremental sales tax that a project is eligible to receive, the base sales
tax must be established. A project is only eligible to receive the net new incremental sales tax
above the base it generates within the RTZ. Other incremental sales tax revenue growth not
attributable to a project cannot be directed to a project. The RTA allows an applicant to define
RTZ boundaries beyond project boundaries, and can encompass an entire jurisdiction, or multiple
jurisdictions if there are multiple jurisdiction sponsors to an application. Broadly defined RTZs,
such as the zone proposed in the Go NoCO Application, contain a large share of the total retail
and lodging development in the region. These zones will therefore experience sales tax growth
from general economic activity and the ‘natural growth’ of the community. The eligible tax
increment is only what is generated by the increase in tourism activity from the project itself
over the natural growth of the base.
Base Sales Tax
The 2015 Base Sales Tax within the Go NoCO RTZ is $7.51 million. OSPB prepared a forecast of
the sales tax growth in the RTZ to establish the natural growth of the sales tax base above the
2015 base year from 2016 through 2045 (Table 34) and defined the growth rate for the
Application at 4.5 percent. The natural tax increment above the 2015 base resulting from the
growth of the base at 4.5 percent per year over the 2015 through 2045 time period is estimated
at $253.5 million.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 43 Revised Final Report
Table 34
Base Sales Tax Forecast, 2015-2045
Year
Base
Sales Tax
Natural
Tax Increment
4.5% Growth Rate
2015 $7,512,006 $0
2016 7,850,046 338,040
2017 8,203,298 691,292
2018 8,572,447 1,060,441
2019 8,958,207 1,446,201
2020 9,361,326 1,849,320
2021 9,782,586 2,270,580
2022 10,222,802 2,710,796
2023 10,682,828 3,170,822
2024 11,163,555 3,651,550
2025 11,665,915 4,153,910
2026 12,190,882 4,678,876
2027 12,739,471 5,227,465
2028 13,312,747 5,800,742
2029 13,911,821 6,399,815
2030 14,537,853 7,025,847
2031 15,192,056 7,680,051
2032 15,875,699 8,363,693
2033 16,590,105 9,078,100
2034 17,336,660 9,824,654
2035 18,116,810 10,604,804
2036 18,932,066 11,420,060
2037 19,784,009 12,272,003
2038 20,674,290 13,162,284
2039 21,604,633 14,092,627
2040 22,576,841 15,064,835
2041 23,592,799 16,080,793
2042 24,654,475 17,142,469
2043 25,763,926 18,251,921
2044 26,923,303 19,411,297
2045 28,134,852 20,622,846
Total Natural Tax Increment $253,548,134
Source: GoNoCO Application, Colorado OSPB, Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-PeliGrande Program09-26-2015.xlsx]13-RTZ BaseVert
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 44 Revised Final Report
The eligible tax increment for the Project is calculated using the methodology described below
and presented in the sections which follow.
Total RTZ Tax Increment – The total tax increment in the RTZ with the PeliGrande Project
is calculated as the natural growth of the base (without the Project) plus the new sales tax in
the RTZ from the Project, comprised of all new spending in the zone from in-state and out-
of-state visitors. The cumulative 30 year tax impact of the Project is added to the natural
growth tax increment to get the total RTZ tax increment.
Net New Sales Tax – The cumulative 30 year sales tax estimated to be net new to the state
is divided by the total RTZ tax increment to calculate the percentage of the total tax
increment that the Project is eligible to receive.
Project Contribution to RTZ Increment
The total tax increment generated by the PeliGrande is estimated from the total room nights,
visitor days, and resulting spending captured in the RTZ. In a stabilized operating year, the hotel
is forecast to generate 145,854 annual visitor days. With spending of $235.47 per person per
day (2015 dollars), and 93.8 percent spending capture, the hotel supports $32.2 million in
annual spending in the stabilized year (2021) and $934,000 in annual sales tax in the RTZ. In
2015 dollars, the total tax increment for the hotel is $25.96 million and $39.9 million with 2.5
percent annual inflation (Table 35).
Net New Sales Tax
The natural growth of the base is estimated at $253.5 million. Adding the Project tax increment
gives a total RTZ tax increment forecast of $293.4 million (Table 36). The net new sales tax is
divided by this amount to calculate the percentage of the tax increment the Project is eligible to
receive.
In calculating the net new sales tax, we use the Applicant’s estimates of 67.9 out-of-state
overnight visitors, and 46.5 percent net new estimate. The only adjustment is to account for a
modest amount of retail and food and beverage spending that may occur outside the RTZ, as
hotel visitors from outside Colorado will likely want to visit other areas outside the Loveland RTZ
such as Fort Collins and other areas of Larimer County.
Of the 145,854 hotel visitors, 67.9 percent are estimated to be from out of state and 46.5
percent are estimated to be net new equating to 46,080 annual net new visitor days. With
average daily spending of $235 per person, the net new sales tax totals to $8.2 million over 30
years in 2015 dollars. With inflation, total net new sales tax is $12.6 million or
4.29 percent of the RTA tax increment over 30 years.
Attachment 1
Economic & Planning Systems, Inc. 47 143071-Go NoCO Report_10-29-15.docx
4. INDOOR WATERPARK RESORT OF THE ROCKIES ANALYSIS
This chapter presents the TPA’s independent evaluation of the Applicant’s total estimates of total
and net new out-of-state visitors and the associated spending and state sales tax projections for
the Indoor Waterpark Resort of the Rockies. It also provides the TPA estimate of the net new
sales tax eligible to be dedicated to the Project over the 30 year 2016 through 2045 time period.
Net New Visitors
As shown in Table 37, the Indoor Waterpark Resort of the Rockies is projected by the Applicant
to draw 299,320 annual visitors, 56.8 percent (170,128) of which will be from outside Colorado.
Of the out-of-state visitors, 88.9 percent or 151,200 are estimated to be net new to the state.
The estimate of 299,320 visitor days is based on an annual occupancy forecast for the hotel of
71 percent at stabilization in 2021. The 330 room hotel would generate 85,520 room nights at
71 percent occupancy, and 299,320 annual visitor days at an average of 3.5 people per room.
Since these hotels are family oriented, they tend to have a larger number of occupants per room
than traditional hotels.
Table 37
Indoor Waterpark Resort Visitor Estimates (Applicant)
The Applicant had access to proprietary zip code data from similar water park hotels which was
used as a base for its out- of-state visitor numbers. While some of the comparables were located
close to nearby state borders, we do not have a strong reason to dispute the estimate of 56.8
percent out-of-state visitors. In Colorado, these could be comprised of Colorado tourists who
were extending their trip by a day or two to visit the Waterpark Hotel, or visitors from nearby
Wyoming and Nebraska.
Project
Room
Nights
Visitor
DaysPct.
Visitor
DaysPct.
Visitor
Days
Pct. Of
Total
3.50/room
Indoor Waterpark Resort of the Rockies 85,520 299,320 56.8% 170,128 88.9% 151,200 50.5%
Source: GoNoCO Application; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-Indoor Waterpark 09-23-2015.xlsx]4.1-Visitors
Out of State Net New Out of State
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 48 Final Report
The Applicant also reviewed confidential data from other water park hotels, and considered the
supply and demand trends in Northern Colorado in developing its occupancy forecast. The
Applicant has forecasted the annual occupancy at 71 percent. Upon reviewing the data provided,
we judged this to be a reasonable estimate for the Loveland and Northern Colorado market.
The Applicant estimates that 88.9 percent of out-of-state visitor days will be net new to the state
60 percent of induced room nights). We feel that this estimate is aggressive considering other
attractions in Northern Colorado such as Rocky Mountain National Park, Estes Park, Fort Collins,
and many other surrounding recreation and natural areas. However, we recognize that the
Project may be unique enough to entice some visitors to stay an extra day to visit the waterpark,
and may draw some new visitors from adjacent states. We have made a -25 percent adjustment
to net new out-of-state visitors to account for the likelihood that in our opinion the Waterpark
Hotel will not be the primary reason for a trip to Colorado for a portion of visitors (Table 38).
Table 38
Indoor Waterpark Resort Net New Adjustment
Criteria Comments Adjustment
Initial Total 100%
Uniqueness and Competition - Unique water park facility in the
Intermountain West.
0%
Relocation of Existing Use within Colorado - N/A 0%
Primary Destination / Reason for Trip - May not be primary reason for visit for all
visitors.
25%
Ability to Capture Spending/Tourism Leakage
from Colorado Residents
No adjustment 0%
Net New Factor 75.0%
Source: GoNoCo Application; Economic & Planning Systems
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The Applicant’s daily spending assumptions are shown in Table 39 and total $128.62 per person
per day in 2021 dollars (year of stabilization) and $110.90 in 2015 dollars. The room rate of
288 includes admission to the waterpark which is valued at approximately $20-$25 admission
fee per person. A majority of other overnight visitor spending is assumed to be captured at the
resort with approximately 25 percent spent on off-site—but not necessarily outside the RTZ—
retail purchases. To account for some expected spending leakage outside the RTZ and for
consistency with other TPA analyses, we have applied an 85 percent spending capture rate to
retail and food and beverage spending; total captured spending in the RTZ equates to 94.6
percent in this analysis. Since the waterpark is only accessible to hotel guests, day visitor
spending is not a consideration and is not estimated.
Table 39
Indoor Waterpark Resort Spending Assumptions
Description
Applicant
Spending
Estimate
Applicant
Spending
Estimate
TPA Estimated
Spending
Captured
in RTZ
Captured
Spending
2021 $2015 $2015 $
Lodging Spending
Lodging Room Rate $288.35 $248.64
Persons Per Room 3.5 3.5
Total Lodging Spending Per Overnight Visitor $82.39 $71.04 100.0% $71.04
Other Overnight Visitor Spending
On-Site Food & Beverage $21.29 $18.36
On-Site Retail/Other $11.07 $9.55
Off-Site Food & Beverage $0.00 $0.00
Off-Site Retail $13.87 $11.96
Off-Site Recreational $0.00 $0.00
Total Other Spending Per Overnight Visitor $46.23 $39.86 85.0% $33.88
Total Spending Per Overnight Visitor $128.62 $110.90 94.6% $104.93
Day Visitor Spending Assumptions $0.00 $0.00
Note: Assumes 2.5% inflation
Source: GoNoCo Application; Economic & Planning Systems
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Economic & Planning Systems, Inc. 50 Final Report
Tax Increment Analysis
The tax increment for the Waterpark Hotel is calculated in the same manner as the PeliGrande.
The starting point is the natural tax increment from the growth of the base. Next, the incremental
sales tax from all spending sources is added to the base. Lastly, the 30 year total net new sales
tax is divided by the 30 year total tax increment to calculate the eligible percentage.
Project Contribution to RTZ Increment
For the Waterpark Hotel, the Project’s contribution to the total tax increment is comprised of all
spending and resulting sales tax attracted to the RTZ by the Project. At stabilization in 2021, the
Project attracts 299,320 annual visitors (Table 40). With average spending of $110.90 per day
and 94.6 percent spending capture, the Project attracts $31.4 million in spending to the RTZ.
The resulting state sales tax is $910,800 from 2021 onward (2015 dollars). Over the 30 years
from 2016 through 2045, the total tax increment from the Project, from all in- and out-of-state
spending sources, is $25.3 million in 2015 dollars, and $38.9 million with inflation.
Net New Sales Tax
The natural tax increment resulting from the growth of the base at 4.5 percent per year over the
2015 through 2045 time period is estimated at $253.5 million (Table 41). The Project tax
increment is $38.9 million, and the total tax increment forecast in the RTZ resulting from the
Waterpark Hotel is $292.4 million. The net new state sales tax is divided by this amount to
calculate the eligible percentage of the tax increment that can be directed to the Project.
The 299,320 total visitors from 2021 onward are multiplied by 56.8 percent to calculate out-of-
state visitors, and then by 75 percent to calculate net new out-of-state visitors. From 2021
onward, we have estimated that the Project will draw 127,600 net new visitors to Colorado. With
daily spending of $110.90 per day and 94.6 percent of spending made in the RTZ, there is
13.4 million of net new spending and $388,250 of net new sales tax per year (2015 dollars).
The 30 year total net new sales tax is estimated at $16.6 million with inflation of 2.5
percent per year. This equates to 5.67 percent of the RTZ tax increment above the base.
Attachment 1
Economic & Planning Systems, Inc. 53 143071-Go NoCO Report_10-29-15.docx
5. U.S. WHITEWATER ADVENTURE PARK ANALYSIS
This chapter presents the TPA’s independent evaluation of the Applicant’s total estimates of total
and net new out-of-state visitors and the associated spending and state sales tax projections for
the U.S. Whitewater Adventure Park. It also provides the TPA estimate of the net new sales tax
eligible to be dedicated to the Project over the 30 year 2016 through 2045 time period.
Net New Visitors
The U.S. Whitewater Adventure Park is estimated to attract 397,920 annual visitors. This facility
will have a large local user base with only 10.5 percent of visitors from out of state. Of the out-
of-state visitors, 75 percent or just over 31,000 are projected to be net new as the Applicant
implies that a portion of the clientele will also be coming to Colorado for other outdoor activities
including paddling on the state’s many rivers (Table 42). EPS considers these to be reasonable
estimates and thus no adjustments have been made to out-of-state or net new visitors.
Table 42
U.S. Whitewater Adventure Park Visitor Estimates (Applicant)
Component
Visitor
Days Pct. Visitors Pct.Visitors
Pct. Of
Total
U.S. Whitewater Adventure Park 397,920 10.5% 41,640 75.0% 31,230 7.8%
Source: GoNoCO Application; Economic & Planning Systems
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Out of State Net New Out of State
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Economic & Planning Systems, Inc. 54 Revised Final Report
The spending assumptions for the U.S. Whitewater Adventure Park are shown in Table 43. Total
spending of $137 per overnight visitor was deemed reasonable and no adjustments were made
other than to deflate the 2020 spending figure (stabilized year) to 2015 dollars. The day visitor
spending assumption of $70.69 is considered to be high, however. The Applicant cites
Longwoods Travel and Tourism Research as a basis for this figure. After reviewing the 2014
Travel Year Longwoods Report, it was determined that this data pertains to out-of-state day
visitors while the U.S. Whitewater Adventure Park will be drawing a mostly local clientele. As
such, the day visitor spending was adjusted down to $15 per day per person. In addition, an 85
percent capture rate is applied to overnight visitor spending in the RTZ, as not all visitors to the
Whitewater Park can be assumed to lodge in the RTZ, and for consistency with other TPA analyses.
Table 43
U.S. Whitewater Adventure Park Spending Assumptions (Applicant)
Description
Applicant
Spending
Estimate
Applicant
Spending
Estimate
Estimated
Spending
Captured
Captured
Spending
2020 $2015 $2015 $
Lodging Spending
Lodging Room Rate $141.45 $121.97
Persons Per Room 1.5 1.5
Total Lodging Spending Per Overnight Visitor $94.30 $81.31 85.0% $69.12
Other Overnight Visitor Spending
On-Site Food & Beverage $5.28 $4.55
On-Site Retail/Other $3.54 $3.05
Off-Site Food & Beverage $19.82 $17.09
Off-Site Retail $13.87 $11.96
Off-Site Recreational $0.00 $0.00
Total Other Spending Per Overnight Visitor $42.51 $36.66 85.0% $31.16
Total Spending Per Overnight Visitor $136.81 $117.97 85.0% $100.28
Day Visitor Spending Assumptions
On-Site Food & Beverage $5.28 $4.55
On-Site Retail/Other $3.54 $3.05
Off-Site Food & Beverage $24.44 $21.07
Off-Site Retail $22.92 $19.76
Off-Site Recreational $14.51 $12.51
Total Spending Per Day Visitor $70.69 $60.96 --- $15.00
Note: Assumes 2.5% inflation
Source: GoNoCo Application; Economic & Planning Systems
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Tax Increment Analysis
Project Contribution to RTZ Increment
The Whitewater Park’s contribution to the total tax increment is comprised of all spending and
resulting sales tax attracted to the RTZ by the Project. At stabilization in 2020, the Project
attracts 397,920 annual visitors based on the Applicant’s estimates (Table 44). With average
spending of $117.97 per day and 85 percent spending capture in the RTZ for overnight visitors,
the Project attracts $11.6 million in spending to the RTZ. The resulting state sales tax is
336,000 per year from 2019 onward (2015 dollars). Over the 30 years from 2016 through
2045, the total tax increment from the Project, from all in- and out-of-state spending sources, is
9.62 million in 2015 dollars, and $14.6 million with 2.5 percent annual inflation.
Net New Sales Tax
The natural tax increment resulting from the growth of the base at 4.5 percent per year over the
2015 through 2045 time period is estimated at $253.5 million (Table 45). The Project tax
increment is $14.6 million over the 30 year funding period, and the total tax increment forecast in
the RTZ resulting from the Whitewater Park is $268.2 million. The net new state sales tax over 30
years is divided by this amount to calculate the eligible percentage of the tax increment that can
be directed to the Project.
To calculate net new out-of-state visitors, the 397,920 total visitors at stabilization in 2021 are
multiplied by 10.5 percent to calculate out-of-state overnight visitors, and then by 75 percent to
calculate net new out-of-state visitors. With daily spending of $117.97 per day and 85 percent of
spending made in the RTZ, there is $3.1 million of net new spending and $90,800 of net new
sales tax per year (2015 dollars). The 30 year total net new sales tax is estimated at $3.96
million with inflation of 2.5 percent per year. This equates to 1.48 percent of the RTZ
tax increment above the base.
Attachment 1
Economic & Planning Systems, Inc. 58 143071-Go NoCO Report_10-29-15.docx
6. STANLEY FILM CENTER ANALYSIS
This chapter presents the TPA’s independent evaluation of the Applicant’s total estimates of total
and net new out-of-state visitors and the associated spending and state sales tax projections for
the Stanley Film Center. It also provides the TPA estimate of the net new sales tax eligible to be
dedicated to the Project over the 30 year 2016 through 2045 time period.
Influences on Visitor Forecasts
The success of the Stanley Film Center will depend on multiple factors both internal and external
to the project.
Horror Film Genre – The Horror film and TV genre has grown exponentially in recent years
Figure 2). While it represents a small portion of the overall film market, it has a dedicated
cult” following. From 2012 through 2015 (YTD), horror film market share of the top 100
films ranged from three to 13 percent (Table 46).
Figure 2
Horror Film Releases, 1930-2007
Source: http://www.popmatters.com/column/horror-cinema-by-the-numbers/
Attachment 1
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Table 46
Horror Film Market Share of Top 100 Films, 2012-2015 (YTD)
Market Share by Film Genre 1995-2015 – The average market share for the past 20
years is 4.5 percent (Table 47). Horror films and TV have grown in popularity due to
uncertainty around global trends and threats such as terrorism and prolonged wars, the
Great Recession, and climate change and the related sustainability of the human race.
Popular entertainment preferences therefore shift according to global events and sentiment.
Although impossible to predict, the Horror Film genre may continue to grow, or alternately
could decline in popularity in coming years.
Potential to tap into other Film and Popular Culture Markets – If the Horror Film Genre
declines, the Film Center may need to adapt to bring in films from other popular genres
and/or other events to sustain the level of attendance and net new spending projected by the
Applicant. The Applicant has noted potential crossover genres such as fantasy (e.g. Game of
Thrones, The Hobbit) and Sci Fi that would be highly compatible with large national and
international audiences that could be brought to Colorado. The Applicant has also indicated
that references to “horror” were specifically left out of the Film Center name to allow for
future flexibility in programming.
Quality of the Experience/Project Execution – With any museum, other cultural center,
or entertainment venue, the quality of the exhibits and events ultimately has the greatest
influence on attendance and the ability to draw new people into a market. The Stanley Film
Center is at a very early stage in its development and it is hard to predict based on the
information presented how successful the programming will be. While the Applicant is
pursuing collection and exhibit commitments, and is proposing a state of the art theatre
facility, nothing (with any proposed project) is certain until it is complete and operating.
Continued brand recognition of the Stanley Hotel and The Shining – The Shining was
released in 1980, 35 years ago. While it still has a strong cult following, the popularity of the
film and the strength of the association with the Stanley Hotel may decline over time. This
could affect the strength of the brand and its ability to reach to U.S. markets outside
Colorado and international markets as it does today. As noted, the Film Center would need to
continue to adapt to changing market trends.
Ability to sustain and refresh the experience – Successful museums and cultural centers
continually update their rotating exhibits and collections to have relevance with popular
culture, current events, or historic themes with resurging popularity. The Film Center will
need to engage or have on staff top tier museum and cultural experts or consultants to aid in
the continual curation and marketing of the overall experience.
2012 2013 2014 2015 (YTD)
Horror films in Top 100 11 8 6 12
Horror Film Revenue $574,472,763 $664,208,834 $282,144,918 $998,230,429
Total Top 100 Revenue $10,034,865,654 $10,059,687,522 $9,584,804,025 $7,641,417,956
Horror Film Market Share 5.72%6.60%2.94%13.06%
Source: boxofficemojo.com; Economic & Planning Systems
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Table 47
Market Share by Film Genre 1995-2015 (YTD)
Stanley Hotel Brand
Although it was noted above that there is the potential for a decline in the broad name
recognition and association between the Stanley Hotel and The Shining, the Stanley Hotel still
enjoys strong and far reaching name or brand recognition. The Go NoCO project team prepared
a press release announcing the planned Stanley Film Center. Within one week of the press
release, nearly 300 news and popular culture publications had picked up the story. Major media
brands that carried the story included CNN, CNBC, MTV, Bloomberg, and the BBC.
Rank Genre Movies Total Box Office Tickets Share
1 Comedy 2,159 $40,970,506,993 6,480,601,588 22.18%
2 Adventure 640 $39,750,211,259 6,001,093,383 21.52%
3 Action 742 $33,116,412,659 5,126,977,723 17.93%
4 Drama 4,008 $31,065,221,622 5,013,091,899 16.82%
5 Thriller/Sus pense 794 $15,881,818,088 2,440,943,570 8.60%
6 Romantic Comedy 500 $9,235,576,060 1,513,279,033 5.00%
7 Horror 440 $8,297,455,719 1,306,026,987 4.49%
8 Documentary 1,618 $1,922,552,372 300,837,037 1.04%
9 Musical 132 $1,902,424,514 287,891,205 1.03%
10 Black Comedy 139 $1,169,228,969 176,092,503 0.63%
11 Western 50 $810,631,670 118,540,899 0.44%
12 Concert/Performance 52 $355,145,994 49,262,409 0.19%
13 Multiple Genres 25 $17,634,411 2,278,270 0.01%
14 Reality 4 $582,635 69,657 0.00%
Source: http://www .the-numbers.com/market/genres
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Comparable Facilities
The Applicant (nor the Third Party Analyst) has not been able to identify any directly comparable
film centers, museums, or cultural attractions upon which to base attendance estimates. The film
centers listed in the Applicant’s reports generally focus on historic films or films with a much
more narrow audience than horror, fantasy, or sci-fi (Table 48). Despite being located in major
metropolitan markets for the most part, they have relatively low attendance. Other specialized
museums that focus on aspects of popular culture such as sports, rock-n-roll music, and
historical events or themes are located in areas that are either large metropolitan areas, major
tourist destinations on their own (generating general pass-through museum attendance), or both.
Table 48
Cultural Museum and Film Center Facilities
Facility Location
MSA Population
2010)
Ann.
Visitors Capture
Out of
State
Film Centers
Anthology Film Archives New York, NY 19,567,410 55,000 0.3% ---
George Eastman House Rochester, NY 1,054,323 105,238 10.0% ---
Harvard Film Archive Cambridge, MA 4,552,402 19,000 0.4% ---
Museum of the Moving Image New York, NY 19,567,410 145,000 0.7% ---
Pacific Film Archive Berkeley, CA 4,335,391 71,421 1.6% ---
Stanley Film Center & Auditorium Estes Park, CO 299,630 144,000 48.1% 90%
Other Specialized Museums
International Spy Museum Washington, D.C. 5,636,232 700,000 12.4% 90%
Rock & Roll Hall of Fame [1] Cleveland, OH 2,077,240 450,000 21.7% 69%
National WWII Museum New Orleans, LA 1,189,866 375,000 31.5% 80%
Mob Museum Las Vegas, NV 1,951,269 250,000 12.8% 77%
Football Hall of Fame Canton, OH 2,077,240 200,000 9.6% 70-80%
Nat'l Cowboy & Western Heritage Museum Oklahoma City, OK 1,252,987 200,000 16.0% ---
1] Out of state attendance figure during hall of fame inductions.
Source: Economic & Planning Systems, US Census
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Film Centers (Applicant’s Comparables)
Only one of the film centers identified has more visitation than projected for the Stanley Film
Center, the Pacific Film Archive located in the California Bay area with a population of 4.3 million.
The Anthology Film Archives in Manhattan focuses on the preservation, study and exhibition
of film with a focus on independent and avant-garde cinema. The facility draws 55,000
annual visitors and features 187-seat and 72-seat theaters, a film library with nearly 10,000
books, and a 1,100 square-foot film vault.
Rochester, NY’s George Eastman House contains 400,000 photographs and negatives;
28,000 films and more than 4 million film stills; 53,000 publications; and more than 25,000
pieces of technology. Film screenings, held in two theaters with capacities of 500 and 200
patrons, account for over 40,000 of their approximately 105,000 annual visitors. We would
expect a similar attendance pattern at the Stanley with theater patrons accounting for a large
percentage of museum visitors.
The Harvard Film Archive, a division of Harvard’s Fine Arts Library, is a collection of over
25,000 audio visual items from around the world and from almost every period in film
history. The facility draws 19,000 visitors annually.
The Museum of the Moving Image draws 145,000 annual visitors to its collection of over
130,000 artifacts relating to the art, history, and technology of the moving image in order to
educate the public and examine the impact of film on culture and society. Located in Queens, the
facility features rotating exhibitions and an amphitheater used to screen over 400 films annually.
The Pacific Film Archive in Berkeley features a collection of more than 10,000 titles with
areas of concentration in international, independent and experimental film. The PFA hosts
approximately 71,000 visitors for over 450 annual programs. A redesigned facility (opening
in 2016) will feature two new theaters with capacities of 232 and 33 people, a performance
forum, study centers, and an art-making lab.
Attachment 1
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October 30, 2015
Economic & Planning Systems, Inc. 63 Revised Final Report
Specialized Museums
These specialized museums have higher attendance figures. However, the common theme is that
they are in major metropolitan markets and/or attract a broader audience.
The International Spy Museum in Washington, D.C. is dedicated to the history and
contemporary role of espionage. Over 750 related artifacts are displayed and the facility also
features special exhibitions and educational programs.
The Rock & Roll Hall of Fame in Cleveland celebrates the history and cultural significance of
rock music. Opened in 1995, the 150,000 square foot, I.M. Pei designed building holds
thousands of pieces of memorabilia including instruments used by famous musicians, stage
clothing and props, original album art, handbills, posters, and photographs. With over
450,000 annual visitors, the Rock & Roll Hall of Fame has the highest attendance of any hall
of fame museum.
The National World War II Museum (formerly the National D-Day Museum) in New Orleans
focuses on the contribution made by the United States to the Allied Victory in World War II.
It draws 375,000 annual visitors and features exhibits on home front planning and D-Day
operations as well as several types of military vehicles and aircraft used in both the European
and Pacific conflicts.
The Mob Museum, or The National Museum of Organized Crime and Law Enforcement,
located in Las Vegas is dedicated to featuring the artifacts, stories, and history of organized
crime and the related actions and initiatives of law enforcement in the United States. The
main attractions are a courtroom where several organized crime trials took place in the
1950’s and a blood-stained wall from the Saint Valentine’s Day Massacre. Other exhibits are
focused on mob violence as well as casino money skimming operations and law enforcement
wiretapping. The facility draws 250,000 visitors annually.
The Football Hall of Fame in Canton, Ohio focuses on professional football in the United
States with a primary focus on the National Football League. The facility draws 200,000
visitors per year and features exhibits include those devoted to past inductees as well as a
Super Bowl Theater and artifacts from milestone moments in football history.
The National Cowboy & Western Heritage Museum in Oklahoma City draws 200,000 annual
visitors with a focus on western history, art, and culture. It features a collection of classic
and contemporary western art, a turn of the century western town, and interactive historic
galleries relating to cowboys, rodeos, Native Americans, Victorian firearms, and frontier
military history.
Attachment 1
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Economic & Planning Systems, Inc. 64 Revised Final Report
Film Festivals
Film festivals are also not good comparables as they are generally one to two week events. The
Sitges Film Festival outside Barcelona, Spain is the premier horror film industry event currently,
and attracts roughly 50,000 to 65,000 paid attendees during the 9 day event. It is noted,
however, that it is an international event which illustrates the potential market reach of the Film
Center. The Sundance Film Center attracts approximately 45,000 attendees per year, but
includes many film genres.
Seasonality
Seasonality will also play a role in the level of visitors that any new venue in Estes Park will be
able to achieve. June, July, and August account for 55 percent of the Town’s sales tax collections,
which is a good proxy for tourist activity (Figure 3). To achieve the attendance levels
forecasted, the Film Center will need to attract people in what is traditionally the off-season in
Estes Park with less optimum weather conditions. From an economic development perspective,
this is desirable as there is little other economic activity in Estes Park outside the summer tourist
season. The Film Center could therefore potentially add visitors during off-peak times.
Figure 3
Estes Park Sales Tax Collections by Month, 2014
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 65 Revised Final Report
Third Party Analyst Visitor Forecast
The considerations discussed above indicate the uniqueness of the proposed Stanley Film Center
as well as the challenges in forecasting attendance and net new visitors. We have not identified
any compelling data either in the Application or through our own research to validate the
Applicant’s attendance forecast. We do have concerns that the attendance figures are high
overall and may include (based on the methodology used) some double counting of attendees to
the museum and other events by attendees who were already at the Film Center for a related or
un-related event. In supplemental information provided, the Applicant suggests that the
projections account for this and are conservative because they are only attributing a 1.0 to 1.5
day/night average trip length or overnight stay to most attractions. The Applicant suggested that
if analyzed using a more typical average trip length of 2.0 to 3.0 days, a much lower net new
factor (estimating the draw of the Film Center as the primary trip purpose) would be applied,
ranging from approximately 40 to 50 percent.
We do however believe that the number of overnight stays attributed to the museum are either
overstated or double counted among the other attractions. The museum is a portion of the
overall Film Center, and the Applicant has suggested that the entire Film Center will be used as
an attraction, not just the 11,000 square foot museum portion. While difficult to quantify, we
believe it to be likely that museum visitors are being double counted along with visitors to the
other components of the Film Center. We have therefore assumed that 25 percent of museum
attendees are motivated strongly enough to see the museum. This reduces the overnight visitor
day estimate to 162,640 from the Applicant’s 263,400.
Table 49
Adjusted Stanley Film Center Stabilized Attendance and Visitor Days
Upon project stabilization in 2021, the Film Center is forecasted to attract 280,500 visitors per
year comprised of 162,640 overnight visitors and 117,860 day visitors (Table 50). The potential
novelty effect” forecasted by the Applicant of higher museum attendance in the opening years is
included in the forecast.
Venue Attendance
Length of
Stay
Visitor
DaysOvernight % Overnight #
Day
Visitors
Museum 144,000 1.00 144,000 25.0% 36,000 108,000
Film - Large Hall 50,000 1.00 50,000 95.0% 47,500 2,500
Film - Half Hall 13,875 1.25 17,340 95.0% 16,470 870
Film - Small Hall 9,375 1.25 11,720 95.0% 11,130 590
Theatre Rentals 20,625 1.50 30,940 95.0% 29,390 1,550
Meetings 3,000 1.50 4,500 95.0% 4,280 220
Concerts & Entertainment 10,000 1.00 10,000 95.0% 9,500 500
Awards & Social Events 6,750 1.00 6,750 50.0% 3,380 3,370
Master Classes 1,750 3.00 5,250 95.0%4,990 260
Total 259,375 280,500 58.0% 162,640 117,860
Source: Anderson Analytics
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Out-of-State and Net New Visitors
The Applicant estimates that nearly 80 percent of visitors to the Film Center will originate from
outside Colorado. This number was based on Stanley Hotel guests, of which 70 percent come
from out-of-state, and a collection of other properties managed and booked by the Stanley Hotel
which has approximately 90 percent out of state guests. While hotels and hotel-based attractions
would typically have a higher portion of visitors from out-of-state, we point out that the
Applicant’s forecasts exceed may other large attractions. For comparison, 25 percent of the
visitors to Rocky Mountain National Park come from outside Colorado. The proportion of out of
state visitors to the Colorado Chautauqua in Boulder is 19 percent and 17 percent at the Denver
Museum of Nature and Science, the highest out-of-state visitors of the Science and Cultural
Facilities District venues. The only (somewhat) comparable museum where out-of-state
attendance this high is the International Spy Museum in Washington D.C., a small enclave which
borders two states with high out-of-state visitation in part due to its unique geography.
However, given the potential national and international draw of the Film Center due to the
popularity of the horror film genre, it is possible that the film center could outperform other
venues in the state, if successful.
The TPA has made adjustments to out-of-state visitors for the event types that are more likely to
have a broader and more general audience, including concerts and entertainment, and meetings.
These have been adjusted down to 50 percent out-of-state. These types of events also have the
most potential for cannibalization with other Colorado venues, and have been adjusted to 50
percent net new. While we believe the out-of-state estimates for museum and film attendees are
high, we have not identified any quantitative data upon which to provide an adjusted estimate.
Total net new out of state visitors are estimated by the TPA at 106,640 per year from 2021
onward (Table 51).
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 69 Revised Final Report
Tax Increment Analysis
Project Contribution to RTZ Increment
The Film Center’s contribution to the total tax increment is comprised of all spending and
resulting sales tax attracted to the RTZ by the Project. At stabilization in 2021, the TPA estimates
208,500 total annual visitors (Table 52). With average spending of $217.42 per day (Applicant’s
estimate) the Project would attract $37.1 million in spending to the RTZ. No adjustment for
spending captured in the RTZ is made as it is included in the Applicant’s forecast of out-of-state
room nights. The resulting state sales tax is $1.03 million per year from 2021 onward (2015
dollars). Over the 30 years from 2016 through 2045, the total tax increment from the Project,
from all in- and out-of-state spending sources, would be $28.2 million in 2015 dollars and $43.5
million with 2.5 percent annual inflation.
Net New Sales Tax
The natural tax increment resulting from the growth of the base at 4.5 percent per year over the
2015 through 2045 time period is estimated at $253.5 million (Table 53). The Project tax
increment is $43.5 million over the 30 year funding period, and the total tax increment forecast in
the RTZ resulting from the Film Center is $297.0 million. The net new state sales tax over 30
years is divided by this amount to calculate the eligible percentage of the tax increment that can
be directed to the Project.
To calculate net new out-of-state visitors, the 106,640 net new out-of-state visitors at
stabilization in 2021 are multiplied by the daily spending factor of $217.42 per day. This results
in $672,400 in annual net new sales tax from 2021 onward (2015 dollars) and $18.5 million over
30 years. The 30 year total net new sales tax is estimated at $28.5 million with inflation
of 2.5 percent per year. This equates to 9.60 percent of the RTZ tax increment above
the base.
Attachment 1
Economic & Planning Systems, Inc. 72 143071-Go NoCO Report_10-29-15.docx
7. FINANCIAL NEED
This chapter addresses the RTA statute requirement to evaluate whether the requested RTA
funding is needed to enable the Project to be built. The Applicant needs to “provide reliable
economic data demonstrating that in the absence of state sales tax increment revenue, the
Project is not reasonably anticipated to be developed in the foreseeable future.”
Financial Need Criteria
RTA funding is intended to act as gap financing for projects in which there is a financial hurdle
that is impeding development; it is not intended to function as a grant program nor is it intended
to be the primary source of funding. In order to demonstrate financial need, it needs to be shown
that the financing gap is the principle impediment to a project moving forward. These criteria
therefore requires an applicant to demonstrate some degree of "project readiness" so that there
is an assurance that any state funding that is committed will go to a project that is defined and
approved based on the application, and does not substantially change after funding is granted.
The 2014/15 Application Guidelines provide the following Criteria and Assessment Factors:
Description of the financing entity and financing plan.
Financial feasibility analysis and pro forma including the project’s eligible costs and other
costs and revenues (break out of TIF and other revenue sources). Analysis demonstrates that
project can generate enough revenue to cover operating costs, debt service, and provide a
return of and on equity. Ratios such as return on equity IRR, debt coverage, loan to value
and others relevant to the project should be provided.
Financial pro forma model shows the use of state sales tax increment revenue should provide
an economic impetus which makes the project’s development viable when it otherwise would
not be, or an analysis showing a project might be viable without tax increment revenue but
with much smaller scale and would be much less extraordinary and unique.
Identification of specific viable sources of private and/or public capital for project.
Commitment of public and/or private capital for the project demonstrated by letters of
interest and commitment letters from lenders, identification of equity sources, and similar
documents.
TIF revenues are gap financing (i.e., not the first piece of the capital structure).
Project is specifically identified and described with site selected.
Project is near shovel ready: concept plans and drawings prepared, builder RFPs drafted,
required federal, state and local permits and regulations identified, and land control
assemblage, options, leases) in place.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 73 Revised Final Report
PeliGrande Resort and Windsor Conference Center
Project Readiness
The PeliGrande is proposed to be developed by Senate Hospitality Group, comprised of
executives from the Gaylord Entertainment Company and John Q. Hammons hotel developer and
owner groups. The hotel development team would partner with Water Valley Development,
owner of the proposed hotel site. Water Valley Development is the developer of the Water Valley
master planned community in Windsor, CO. The Applicant reports that all necessary utilities are
available at the proposed site. Based on the information submitted, we have not identified any
unusual or obvious impediments to the Project moving forward.
The Applicant’s analysis assumes visitors from a proposed golf course and a commitment from a
PGA Champions Tour event. The golf course is not part of the Application and we have not
evaluated its status or likelihood that it will be built.
Financial Need
The proposed financing plan assumes a 23 percent equity contribution by the developer which is
a reasonable amount of equity to risk in a development project (Table 54). A bond from a 2.0
percent public improvement fee (which is a privately imposed fee but functions similar to a sales
tax), accounts for 18 percent of the funding. Local sales tax sharing from Windsor makes up 4
percent of the sources, and RTA funds are estimated at 3 percent. The developer would also
secure a $58.0 million conventional loan, comprising 53 percent of the funding sources. Public
financing sources account for 25 percent of the funding sources as described in Chapter 2.
EPS reviewed the Applicant’s financial analysis of the Project contained in the HVS Report
Application Appendix) and in supplemental spreadsheets submitted. Using the band of
investment technique, an accepted measure which values the income streams to equity and
debt, the HVS analysis identifies a financing gap for the Project of approximately $27.0 million.
The financing gap is attributed to two primary factors. First, the hotel would be built to standards
and at a cost above what the Northern Colorado market currently supports, with a per-room cost
of $366,600, compared to a cost of $150,000 to $200,000 for mid-range limited service hotels
that are more common in the surrounding market area. Second, the analysis of room rates
recommends an average room rate of $247 per night based on competitive rates in the
surrounding market area, which is not high enough to generate a return on investment at the
proposed construction cost and quality.
The Applicant also provided a development cash flow pro forma. The internal rate of return (IRR)
estimated in the pro forma with $3.2 million in bond proceeds from $12.9 million in RTA funds is
estimated at 12.9 percent, including $6.5 million in land costs. The net present value (NPV) at a
12 percent discount rate is $3.9 million. Without the $3.2 million RTA bond, the IRR is 12.1
percent and the NPV is $650,000. Without the total city and state public financing package, the
IRR is 7.9 percent with an NPV of negative $23.1 million. In previous RTA applications, we have
analyzed financial pro formas against a 12 percent hurdle rate (discount rate) on an unlevered
basis. This is in our opinion a reasonable hurdle rate for projects requesting public subsidies or
incentives. Depending on the financing assumptions, an unlevered 12 percent IRR can generate
higher leveraged returns on equity ranging from the mid- to high-teens to low 20 percent range.
The Applicant has noted, and we agree, that the IRR calculation is highly sensitive to the timing
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 74 Revised Final Report
of cash flows and can easily change by 2 or more percentage points if bonds are delayed or if
construction draws occur earlier or later than estimated, hence its reliance on the band of
investment technique to estimate financial need.
The Town of Windsor has indicated in a letter provided in the Application that the local public
financing incentives are subject to the successful award of RTA funds. This would appear to
suggest the Applicant is relying on RTA funding as the first piece of the capital structure which is
not in compliance with one of the assessment factors listed above. The Applicant provided
supplemental information describing how local and state funds would be combined to support
bond financing; local and state funds would enter the project capital stack at the same time. If
bonds can be underwritten and sold, it would not be until the equity and conventional debt
financing pieces are in place.
Table 54
Summary of Financial Performance by Project
Project Net Present Value
Internal
Rate of Return
PeliGrande Resort
Before Public Financing -$23,064,106 7.9%
With Local Public Financing $647,269 12.1%
With Local Public Financing and RTA Funds $3,924,894 12.9%
Indoor Waterpark Resort
Before Public Financing -$24,927,832 8.7%
With Local Public Financing -$4,092,191 11.4%
With Local Public Financing and RTA Funds $2,002,168 12.3%
U.S. Whitewater Adventure Park
Before Public Financing -$13,476,404 8.1%
With Local Public Financing -$2,551,733 11.1%
With Local Public Financing and RTA Funds -$1,539,404 11.5%
Stanley Film Center
Before Public Financing -$11,744,737 2.2%
With Local Public Financing N/A N/A
With Local Public Financing and RTA Funds -$406,737 11.4%
Source: GoNoCO Applicants; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Data\[143071-GoNoCO Proforma Summary.xlsx]Pro Forma Summary
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 75 Revised Final Report
Indoor Waterpark Resort of the Rockies
Project Readiness
The development team for the Indoor Waterpark includes former management from Great Wolf
Resorts, the owner and developer of 13 indoor waterpark hotels. The Application identifies a site
for the Project and reports that all necessary utilities and access are readily available to the site.
Based on the information submitted, we have not identified any major impediments to the Project.
Financial Need
The proposed financing plan for the $138.3 million Project includes an equity contribution from
the developer of $32.3 million or 23.4 percent of the Project cost. Local public financing includes
an $8.8 million local sales tax-based TIF from the City of Loveland (6.4 percent), and $14.8
million from a 2.0 percent PIF (10.7 percent) on all on-site food and beverage and retail sales,
and a 5.0 percent PIF on all lodging sales. Conventional bank financing comprises $75.6 million
54.6 percent) of the funding and financing sources.
Using the band of investment technique, the HVS Analysis values the Indoor Water Park Hotel at
107.9 million based on the values of the income streams to debt and equity, compared to
construction cost of $138.3 million, indicating a financing gap of $30.4 million. In the
development pro forma analysis (10 year cash flow), prior to any state or local public financing,
the Project is estimated to generate an IRR of 8.2 percent and a NPV of negative $28.4 million,
including $6.5 million for land. With City of Loveland public financing and the proposed PIF, the
IRR is estimated at 11.4 percent. With $6.1 million in RTA bond proceeds, the IRR is estimated
at 12.3 percent. As noted above, the IRR is highly sensitive to the timing of cash flows, whereas
the band of investment technique removes some of this uncertainty.
The City of Loveland has stated in the Application that the local public financing package is
contingent on the award of RTA funds. As noted above, the Applicant provided a clarification that
indicates that the state and local funds will be pooled to support bond financing. If bonds can be
underwritten and sold, it would not be until the equity and conventional debt financing pieces are
in place.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 76 Revised Final Report
U.S. Whitewater Adventure Park
Project Readiness
The identified development team for the Whitewater Park includes several individuals with various
business backgrounds and a common interest in whitewater sports. It is not specifically stated in
the Application if the team has experience in the development or operation of major tourism
facilities. One team member is reported to have been a key designer for the U.S. National
Whitewater Center in Charlotte, N.C, the primary comparable project cited in the Application.
Financial Need
The financing plan includes $9.8 million in private equity (16 percent), and assumes a $39.2
million loan (64 percent). The City of Loveland local TIF contribution is minor, at $817,000 in
bond proceeds. A $10.0 million bond is estimated from a 2.0 percent PIF on all on-site food and
beverage and retail sales, and a 7.8 percent PIF on all admissions and rentals. RTA funds are
estimated by the Applicant to contribute $1.0 million in financing proceeds, a minor amount of
the total funding and financing needs.
Before the PIF and local TIF, the IRR for the Project is estimated at 8.1 percent over a 10 year
holding period. This is not a typical real estate product that would be developed to be sold for its
cash flow, and the Applicant has used an appropriately high 11.5 percent capitalization rate to
calculate the reversion (sale) value of the asset at the end of the holding period. After local TIF
and the PIF are applied, the IRR is estimated at 11 percent with NPV of negative $2.5 million.
The $1.0 million in financing from the RTA funds has a small impact on the pro forma, raising the
IRR to 11.5 percent.
The Whitewater Park is a highly specialized facility, and a 12 percent hurdle rate may not be
appropriate. A private investor may require a higher return; a project like this developed in
partnership with local governments may only look for break-even operating revenues. The $10.5
million in land costs comprise 17 percent of the Project cost, which is high in our judgement.
Renegotiating with the land owner to reduce the land costs by $1.0 million or more would have
the same and potentially greater impact than RTA funds. The financial need for this Project is in
our judgement due in part to high land costs.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 77 Revised Final Report
Stanley Film Center
The development team for the Stanley Film Center is led by the Grand Heritage Hotel Group,
owner of the Stanley Hotel, and includes the Stanley Film Center Founding Board. The Stanley
Film Center Board includes several notable actors and film industry professionals. Elijah Wood,
an American actor perhaps best known for playing Frodo Baggins in the Lord of the Rings trilogy
and The Hobbit, is a partner in Spectre Vision (a film company) along with actors Daniel Noah
and Josh Waller who would have some involvement in the Film Center. Simon Pegg (played
Scotty in Star Trek and roles in other notable films), and directors and writers George Romero
and Mick Garris are also on the board.
The Executive Team consists of Alexandre Philippe, a Colorado-based film maker, and Frederic
Lahey, director of the Colorado Film School which is located at the Colorado Community College
Aurora campus at Lowry. Discussions with the Applicant indicate that they are planning to hire a
museum consultant(s) to be either on staff or on a contractual basis to assist with the ongoing
planning and securing of permanent and rotating exhibit materials and/or activities.
The financing plan for the $24.5 million Stanley Film Center includes a donation of $2.0 million
equivalent to the land cost for the project. The operating pro forma for the film center shows
approximately $8.6 million in operating revenues and $7.2 million in expenses for net operating
income (NOI) of $1.4 million in a stabilized year. At a 14 percent discount rate, the NOI is worth
11.1 million over a 30 year Project financing period. The non-profit Project entity indicates it
would secure an $11.1 million loan on the Project net operating income, and RTA bonds would
contribute another $9.7 million. A developer bond debt service guarantee of $1.6 million is
also included. The Grand Heritage Hotel Group or a related entity or investor would likely need to
guarantee any loans secured by RTA funds and operating income, estimated at approximately
13 million in guarantees.
It is our determination that the financing plan for the Stanley Film Center is not fully developed.
While there is clearly a financing gap and the Project would need RTA funds to be viable, it is
relying on RTA funds as the major funding source. The Applicant has not raised any philanthropic
support from the film industry, Stanley Film Center Board members, the broader Estes Park
Community. The Stanley Hotel, which directly benefits from activities held in the Center, will
likely have to provide loan guarantees but the financing plan does not include substantial equity
from the Stanley Hotel or related entities.
The Project is unique and potentially a significant tourism draw, however the concept is also
risky and unproven. We recommend that any RTA award for this Project element be contingent
on the completion of a comprehensive business plan, a feasible construction financing program,
and specific benchmarks regarding the programming and development of film and media events
that are truly capable of attracting out-of-state destination visitors.
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 78 Revised Final Report
Speculative Project – The attendance and sales tax forecasts for the project are highly
uncertain because of the unique nature of the project. There are no comparable facilities that
provide a good indication of possible performance. The performance of the project will be
almost entirely dependent on the Applicant’s ability to successfully execute the project,
market it to a national and international audience, and sustain a high level of out-of-state
visitation over the 30 year financing period.
State Share of Risk – Over 30 years, the State’s contribution to the project exceeds the
project cost in nominal dollars. The amount of financing estimated to be supported by RTA
funds is estimated at 40 percent of the project cost. Compared to the other Go NoCO project
components, the State would be assuming a considerably larger share of the risk that the
project is successful. As noted above, amount of debt supported by the forecasted operating
revenues is likely optimistic, although we have no quantitative basis to dispute the
attendance forecasts which drive the operating revenues. If these operating revenues are not
achieved, the project will either not be sustained at the level of quality proposed, and/or
require a larger equity contribution from the owners or Stanley Film Center Board.
Private equity, non-profit, or Board Participation in Project – Notably absent from the
funding and financing plan is any private equity film industry donations or other philanthropic
fundraising from the Film Center Board, or contributions from the Film Center Board
members themselves. We understand the owners may need to guarantee loans, however,
there is no true equity component to the project financing plan.
The Project is potentially a significant tourism draw that may be worthy of RTA support.
However, we recommend that any RTA award for this Project element be contingent on the
completion of a comprehensive business plan, a feasible construction financing program, and
specific performance benchmarks regarding the programming of the museum and film center
and the development of film and media events that are truly capable of attracting out-of-state
destination visitors.
Attachment 1
Economic & Planning Systems, Inc. 79 143071-Go NoCO Report_10-29-15.docx
8. FISCAL AND ECONOMIC IMPACTS
This chapter presents EPS’ analysis of the Project's economic and fiscal impacts to the state,
including employment, wages, income tax, and school impacts. This analysis isolates the impacts
of the Projects’ construction and operations employment. It does not evaluate the broader
economic impacts of increased tourism, which the Applicant has provided in the Application.
Construction Employment
The Project will create one-time employment impacts during construction and ongoing annual
employment during the operation of the Project. Based on the Applicant's estimated construction
costs, the direct construction employment from the $302 million in total construction spending
not including financing costs) would support 2,771 direct jobs during the construction period, as
shown in Table 55. Over the two year construction period estimated by the Applicant, this is
equivalent to 1,385 annual jobs.
Table 55
Direct Construction Jobs Impact
The 2,771 direct construction jobs also support an additional total of 980 indirect jobs through
the purchases of materials and services needed during construction (Table 56). The spending of
labor income from the direct and indirect jobs supports 1,500 induced jobs during the five year
construction period for a total impact of 5,251 jobs. The construction employment multiplier for
the Project is 1.90. The impacts of each Project component are also reported separately, below.
Cost Item IMPLAN Sector
Construction
Cost
Output per
Worker
Direct
Construction
Jobs
Average
Annual
Wage
Indoor Waterpark Resort Non-residential construction $126,330,000 $109,000 1,159 $42,000
U.S. Whitewater Adventure Park Non-residential construction $50,522,000 $109,000 464 $42,000
PeliGrande Resort Non-residential construction $100,705,884 $109,000 924 $42,000
Stanley Film Center Non-residential construction $24,468,000 $109,000 224 $42,000
Total $302,025,884 $109,000 2,771 $42,000
2 Year Average Annual Employment 1,385
Source: City of Denver, IMPLAN, Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-NoCo IMPLAN 09-23-2015.xlsx]Direct Constuction
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 80 Revised Final Report
Table 56
Direct, Indirect, and Induced Construction Jobs
Ongoing Operations Employment
The Project will employ a permanent ongoing workforce after the proposed facilities begin
operations. The Applicant’s direct job estimates from the Application and HVS Reports are
summarized below. The full Project would support a total of 552 jobs when complete (Table 57).
The employment multiplier for the four Project components ranges from 1.83 to 1.99 with an
average of 1.96. The multiplier effect results in an additional 272.5 indirect and 255.1 induced
jobs. These figures reflect only the impacts of operations jobs for an evaluation of the job types
created. The Application presents a more thorough analysis of the economic impacts of new
visitor spending.
Table 57
Ongoing Operations Employment Impacts
Project Component
Construction
Cost
Direct
Construction
Jobs
Indirect
Impact
Induced
Impact
Total
Impact
Indoor Waterpark Resort $126,330,000 1,159 410 630 2,199
U.S. Whitewater Adventure Park $50,522,000 464 160 250 874
PeliGrande Resort $100,705,884 924 330 500 1,754
Stanley Film Center $24,468,000 224 80 120 424
Total $277,557,884 2,771 980 1,500 5,251
2 Year Average Annual Employment 1,385 490 750 2,625
Construction Jobs Multiplier 1.00 0.35 0.54 1.90
Source: IMPLAN, Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\M odels\[143071-NoCo IM PLAN 09-23-2015.xlsx]Direct Const IM PLAN
Facility Industry [1]
Total
Direct Jobs
Indirect
Jobs
Induced
Jobs
Total
Effect
Operations Jobs [2]
Indoor Waterpark Resort Hotels and motels 200.0 102.6 88.6 391.1
U.S. Whitewater Adventure Park [3] Other amusement and recreation industries 65.0 21.1 32.6 118.6
PeliGrande Resort Other Accommodations 270.0 140.0 126.0 536.0
Stanley Film Center Museums, historical sites, zoos, and parks 17.0 8.8 7.9 33.7
Total 552.0 272.5 255.1 1,079.5
Job Multipliers
Indoor Waterpark Resort Hotels and motels 1.00 0.51 0.44 1.96
U.S. Whitewater Adventure Park [3] Other amusement and recreation industries 1.00 0.32 0.50 1.83
PeliGrande Resort Other Accommodations 1.00 0.52 0.47 1.99
Stanley Film Center Museums, historical sites, zoos, and parks 1.00 0.52 0.47 1.99
Overall Project 1.00 0.49 0.46 1.96
Note: Direct operations jobs estimated by EPS; not provided by Applicant.
1] IMPLAN Sector Scheme
2] Jobs include part and full time jobs, not adjusted for full time equivalents.
Source: IMPLAN; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-NoCo IMPLAN 09-23-2015.xlsx]Ops Impact
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 81 Revised Final Report
Other Impacts
Income Tax
The payroll impacts of the Project will generate state personal income tax. Effective tax rates
were obtained from OEDIT's Colorado Insight Model. Using the average wages below, provided
by the Applicant, the Project would support $15.3 million in annual payroll (Table 58). The
resulting state personal income tax is estimated at $384,000 per year.
Table 58
Payroll and Personal Income Tax
Facilit y Industry [1]Calculation
Operations Employment
Indoor Waterpark Resort Hotels and motels 200
U.S. Whitewater Adventure Park [3] Other amusement and recreation industries 65
PeliGrande Resort Other Accommodations 270
Stanley Film Center Museums, historical sites, zoos, and parks 17
Direct Jobs 552
Average Wage
Indoor Waterpark Resort $28,100
U.S. Whitewater Adventure Park [3]22,400
PeliGrande Resort 28,100
Stanley Film Center 37,232
Overall Project $27,710
Total Payroll
Indoor Waterpark Resort $5,620,000
U.S. Whitewater Adventure Park [3]1,456,000
PeliGrande Resort 7,587,000
Stanley Film Center 632,944
Total Annual $15,295,944
Personal Income Tax Effective Tax Rate
Indoor Waterpark Resort 2.5%$142,000
U.S. Whitewater Adventure Park [3]2.4%$34,000
PeliGrande Resort 2.5%$191,000
Stanley Film Center 2.7%$17,000
Total Annual $384,000
1] IMPLAN Sector Scheme
Source: City and County of Denver; OEDIT Colorado Insight Model; Economic & Planning Systems
H:\143071-Colorado RTA Evaluation\Models\[143071-NoCo IMPLAN 09-23-2015.xlsx]Payroll
Attachment 1
TPA Evaluation: Go NoCO RTA Application
October 30, 2015
Economic & Planning Systems, Inc. 82 Revised Final Report
School Impacts
The 552 direct jobs estimated to be supported by the Project are small in comparison to the total
Northern Colorado labor market. Any in-migration resulting from out of area job seekers fitting
new jobs can likely be absorbed within the Loveland, Windsor and surrounding community school
districts.
Attachment 1
18
ATTACHMENT 2: REGIONAL TOURISM ZONE AREA MAP PROPOSED BY THE
APPLICANT
EXHIBIT A
Loveland RTZ
0 0.25 0.5 0.7510.125 Miles
Windsor
Loveland
County vs. Loveland RTZs
County
Loveland
EXHIBIT A
CR 36
CR 40
CR 30
CR
3CR
3C R
3FCR 32E
CR 34CCR
5CR 5CR3CROSSROADS
BLVD E
HARMONY RDMAIN
ST4TH AVE NFAIRGROUNDSAVECENTERRAPKWYWCR 74
WCR 19WCR
76 1/
2WCR23WCR70N
LCR 3WCR 76 WCR
62WCR15WCR 68 1/2
W C
R 60 W
CR 76 WCR
13WCR 72 E
LCR 30
WCR64
E LCR 32
W CR62 1/4WCR 21WCR
15WCR 17S LCR 5WCR
13MAIN ST EASTMAN
PARK DR 1ST ST7THST1
inch equals 1
miles Updated:
1/28/2015
Updated by: stometich Created: 10/6/
34
LakeEstesPark
T
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R
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Thompson R i v e r
F
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L
A
NDCTE W O N D E R V I E W A V E
S W S
TEAMERPKWYSO U T H LN
WILLOWST O N E D R
PRIVATEDRIVE
FI
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CTOVER L O OK CT
STEAMERD
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PANORAMACIRMACGREGORAV
E
BIG THOMPSON AVEHighlighted property boundary is the proposed
RTZ boundary provided to Enterprise GIS in a
sketch drawing. 0325 650162.
5 Feet Daycd 2/
27/15 Stanley RTZ
Boundary Request
EXHIBIT A
EXHIBIT A
EXHIBIT A
19
ATTACHMENT 3: COLORADO SPRINGS FINAL WRITTEN RESOLUTION
EXHIBIT A
1
August 31, 2020 motion for consideration by the Commission:
Based on all supporting materials included in the board book for this meeting, as well
as presentations from OEDIT, the NCRTA, and the developer in this and previous
meetings, I move that the Commission modify its approval of the NCRTA (Go NoCO)
Regional Tourism Act Project (“Project”) as follows and direct OEDIT staff and legal
counsel to incorporate the following new conditions of approval and other related
provisions (that apply only to the Indoor Waterpark Resort of the Rockies and the U.S.
Whitewater Adventure Park Project Elements) into an amended Resolution No. #4 for
adoption by the Commission nunc pro tunc at a later meeting:
The two Project Elements (the Indoor Waterpark Resort of the Rockies and the U.S.
Whitewater Adventure Park) are combined into a single integrated Project Element. This
integrated Project Element must still fulfill all of the conditions of approval set forth in
the existing Resolution #4, except to the extent that modifications to such conditions,
which include proposed changes in the size of facilities and programing as more fully
described in the board book for this meeting, are hereby approved by this motion.
The Project Element Cap for the integrated Project Element is $25,088,909, which is
1,639,881 decrease from the combination of the two previously separate Project Element
Caps. The Aggregate Cap for the Go NoCO Project is correspondingly reduced to
84,479,494, from $86,119,375.
OEDIT staff must calculate the resulting change in the percentage of State Sales Tax
Increment Revenue due to the modifications approved by this motion that will be
dedicated to this integrated Project Element and the overall Go NoCO Project.
The Commission understands the developer of the integrated Project Element will be
seeking a one-year extension of time to Commence Substantial Work, and refers the
developer to the March 11, 2020 email from OEDIT Executive Director Betsy Markey to
NCRTA Chair John Fogle, and the May 15, 2020 email from Jeff Kraft to Chair Fogle,
which contains guidance for the submission of a written request for extension.
EXHIBIT A
Motion for Consideration by the Commission at January 21, 2021 Meeting
[[OED IT staff recommends that the EDC approve the following motion concerning the Go
NoCO Regional Tourism Act Project]]
Proposed Motion:
I move that the Commission modify its approval of the Go NoCO Regional Tourism Act
Project ("Project") as follows and direct OED IT staff and legal counsel to incorporate the
following terms and conditions of approval into a written amended Resolution No. 4, as
previously amended by the motion carried on August 31, 2020 and hereby amended
(collectively, "Amended Resolution No. 4"), for adoption by the Commission nunc pro tune at a
later meeting:
•Unless otherwise stated, all capitalized terms in this motion have the same meaning as
defined by and used in the Colorado Regional Tourism Act,§§ 24-46-301 through -310,
C.R.S. (2020) ("RTA").
•For good cause shown in the October 15, 2020 written request for an extension submitted
by the Northern Colorado Regional Tourism Authority ("NCR TA") on behalf of the
Town of Estes Park and the City of Loveland, the deadline to commence substantial work
toward the goals specified in the application and Amended Resolution No. 4 for the two
remaining Project Elements, the Stanley Film Center ("SFC") and Loveland Whitewater
Adventure Park and Resort ("WAPR"), is extended to November 12, 2021.
•Based on the letter dated August 27, 2020 to OEDIT staff from Martin Lind, the
sponsor/developer for the PeliGrande Resort & Windsor Conference Center Project
Element representing that his company would no longer be "pursuing the project known
as the Peli Grande Resort and Convention Center," as well as the lack of any request by
the Town of Windsor to extend the commencement of substantial work deadline and
propose permissible modifications to that Project Element, approval of the Peli Grande
Resort & Windsor Conference Center Project Element is revoked.
•If, between January 21, 2021 and November 12, 2021, the Town of Estes Park and the
SFC Project Element Sponsor/Developer request that the Commission modify its
approval of the NCR TA and instead approve another Financing Entity to serve the SFC,
the Commission may adopt a motion doing so provided that the NCRTA consents in
writing to the modification at the time the request is made. Such consent shall not be
unreasonably withheld.
•If the Commission adopts a motion approving another Financing Entity to serve the SFC,
then the NCR TA shall promptly transfer 64.9% of the State Sales Tax Increment
Revenue that is held in the special fund required by C.R.S. § 24-46-307(1)(b) as of the
date of the motion and is hereby allocated to the special fund established and maintained
by the new Financing Entity for the SFC.
Page 1 of 4
EXHIBIT B
ATTACHMENT 4
Page 47
Page 2 of 4
EXHIBIT B
If the Commission adopts a motion approving another Financing Entity to serve the SFC,
then the NCRTA and the new Financing Entity shall promptly agree to an arrangement
by which the portion of State Sales Tax Increment Revenue dedicated to the Project is
apportioned and paid on a monthly basis 64.9% to the special fund maintained by the new
Financing Entity for the SFC and 35.1% to the special fund maintained by the NCRTA
for the WAPR.
If the Commission determines that both remaining Project Elements have commenced
substantial work toward the goals specified in the application and Amended Resolution
No. 4 on or before November 12, 2021, then all State Sales Tax Increment Revenue
dedicated to the Project that is received by the Financing Entity(ies) after January 21,
2021 must be allocated 64.9% to the SFC and 35.1% to the WAPR. These percentages
are based on each Project Element’s share of overall net new revenue generated by the
Project as approved by the Commission. If the Commission determines that only one of
the remaining Project Elements commences substantial work toward the goals specified
in the application and Amended Resolution No. 4 on or before November 12, 2021, then
100% of the State Sales Tax Increment Revenue dedicated to the Project that is received
by the Financing Entity(ies) after January 21, 2021 must be allocated to the Project
Element that has commenced. If the Commission determines that neither Project
Element has commenced substantial work toward the goals specified in the application
and Amended Resolution No. 4 on or before November 12, 2021, then the Project shall
be revoked and the Colorado Department of Revenue shall cease all further payments of
State Sales Tax Increment Revenue to the Financing Entity(ies).
If the Commission determines that both remaining Project Elements have commenced
substantial work toward the goals specified in the application and Amended Resolution
No. 4 on or before November 12, 2021, then the total cumulative dollar amount of State
Sales Tax Increment Revenue dedicated to the Project (referred to hereinafter as the
aggregate cap”) decreases from $86,119.375.00 to $71,488,491.00. If the Commission
determines that only the SFC has commenced substantial work on or before November
12, 2021, then the aggregate cap decreases from $86,119.375.00 to $46,399,582.00,
which is the Project Element-specific cap for the SFC. If the Commission determines
that only the WAPR has commenced substantial work on or before November 12, 2021,
then the aggregate cap decreases from $86,119.375.00 to $25,088,909.00, which is the
Project Element-specific cap for the WAPR. Once the aggregate or Project Element-
specific cap, as applicable, has been received by the Financing Entity(ies), the Colorado
Department of Revenue shall cease all further payments of State Sales Tax Increment
Revenue even if the Financing Term for the Project has not yet expired.
If the Commission determines that either or both of the two remaining Project Elements
commence(s) substantial work toward the goals specified in the application and Amended
Resolution No. 4 on or before November 12, 2021, then the percentage of State Sales Tax
Increment Revenue dedicated to the Project shall remain at 20.48% until either the date
on which the applicable total aggregate cap has been received by the Financing
Entity(ies), or the date on which the Financing Term expires, whichever occurs sooner.
Page 48
Page 3 of 4
EXHIBIT B
The Financing Term for the Project is extended from thirty (30) to forty (40) years and
ends on November 12, 2055.
Any State Sales Tax Increment Revenue received by the NCRTA through January 21,
2021, including any revenue specifically dedicated to the PeliGrande Resort & Windsor
Conference Center Project Element under Amended Resolution No. 4 shall remain the
property of the Financing Entity(ies), which must use the revenue to finance Eligible
Costs of the two remaining Project Elements. If the Commission determines that both
remaining Project Elements commence substantial work toward the goals specified in the
application and Amended Resolution No. 4 on or before November 12, 2021, then the
total amount of revenue received by the NCRTA through January 21, 2021 shall be
allocated 64.9% to the SFC and 35.1% to the WAPR. If the Commission determines that
only one of the remaining Project Elements commences substantial work toward the
goals specified in the application and Amended Resolution No. 4 on or before November
12, 2021, then 100% of the total amount of revenue received by the NCRTA through
January 21, 2021 shall be allocated to that Project Element. If the Commission
determines that neither Project Element has commenced substantial work toward the
goals specified in the application and Amended Resolution No. 4 on or before November
12, 2021, then 100% of any unspent State Sales Tax Increment Revenue received by the
Financing Entity(ies) must promptly be returned to the Colorado Department of Revenue.
Before any State Sales Tax Increment Revenue, or the proceeds of any bond or debt
instrument funded by a pledge of State Sales Tax Increment Revenue, may be used to
reimburse any Eligible Costs for the WAPR, except for administrative costs of the
NCRTA, the separate financing transactions for the development of the hotel and water
amenities (i.e., the Whitewater Adventure Park and waterpark) that comprise the WAPR
must both be completed (i.e., closed).
The hotel and water amenities that comprise the WAPR must be located adjacent to and
physically connected with one another. The separate operators of the hotel and water
amenities must enter an agreement for their joint operation that provides mutual benefits
and ensures that the WAPR Project Element operates in a cohesive manner.
Before any State Sales Tax Increment Revenue may be used to reimburse any Eligible
Costs for the SFC, except for administrative costs of the Financing Entity serving the
SFC, or pledged to any bond or other debt instrument, the Town of Estes Park and the
Financing Entity serving the SFC must sign a cooperation agreement with the SFC
Project Element Sponsor/Developer delineating the relationship and decision-making
authority for the SFC.
Before any State Sales Tax Increment Revenue may be used to reimburse any Eligible
Costs for the WAPR, except for administrative costs of the NCRTA, or pledged to any
bond or other debt instrument, the City of Loveland and the NCRTA must sign a
cooperation agreement with the WAPR Project Element Sponsor/Developer delineating
the relationship and decision-making authority for the WAPR.
Page 49
Page 4 of 4
EXHIBIT B
Per the representations made by the Local Governments in their original RTA application
to the Commission, before any State Sales Tax Increment Revenue may be used to
reimburse any Eligible Costs for the WAPR, except for administrative costs of the
NCRTA, or pledged to any bond or other debt instrument, the City of Loveland must
execute a binding written document that pledges all of the 3% municipal sales tax
generated on-site by the WAPR and all property taxes assessed to the WAPR based on
current property tax rates to the financing of the Project Element for 30 years from the
date of City Council approval of such pledge notwithstanding the new Financing Term
for the Project set forth herein, and the Project Element Sponsor/Developer must execute
a binding written document establishing a self-imposed public improvement fee to help
finance the development of WAPR that shall be at least 2% on all on-site food, beverage,
and retail sales, at least 7.8% on all admissions and rentals, and at least 5% on all lodging
sales for 30 years from the date the WAPR is placed in service, notwithstanding the new
Financing Term for the Project set forth herein. Copies of these executed binding written
documents must be submitted to the Commission.
Beginning February 1, 2021, through and including November 30, 2021, the NCRTA and
any other Financing Entity that later may be approved by the Commission to serve the
SFC, must submit written updates detailing all progress toward the commencement of
substantial work for each of the two remaining Project Elements before each regular
Commission meeting and send a representative to attend at least every other regular
Commission meeting.
Except as expressly modified by this motion, all of the terms and conditions of approval
in Resolution No. 4, as previously amended by the motion carried on August 31, 2020,
shall remain in full force and effect.
Instructions Related to the Motion:
The Commission directs OEDIT staff and legal counsel to work with all Project
stakeholders to prepare and submit a draft of Amended Resolution No. 4 for discussion at the
February 18, 2021 regular meeting, and to prepare and submit a final draft for approval at the
March 18, 2021 regular meeting.
The Commission further directs OEDIT staff to prepare and send letters to all Project
stakeholders detailing what events and milestones will lead OEDIT staff to recommend to the
Commission that substantial work toward the goals specified in the application and Amended
Resolution No. 4 for the SFC and WAPR has commenced if they occur on or before November
12, 2021.
Page 50
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on PLANNING
COMMISSION ACTION ITEM 1.A ORDINANCE 01-21: AMENDING
CHAPTERS 2, 3, 10, AND 13 OF THE ESTES PARK DEVELOPMENT CODE
REGARDING MINOR ADJUSTMENTS AND SUBDIVISIONS.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
Page 51
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 52
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: January 12, 2021
RE: Ordinance 01-21: Amending Chapters 2, 3, 10, and 13 of the Estes Park
Development Code Regarding Minor Adjustments and Subdivisions
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Town of Estes Park Community Development Department proposes a text
amendment to the Estes Park Development Code (EPDC), to allow a Boundary
Adjustment, Amended Plat, or Land Consolidation Plat to be defined as a “Minor
Adjustment,” and to be processed as a staff level review. The amendment also
proposes increasing the time for submitting a subdivision plat for recording from the
current 60 days, to 180 days.
Present Situation:
Currently the EPDC defines an Amended Plat, Boundary Adjustment, or a Land
Consolidation Plat as a Minor Subdivision, requiring Planning Commission review and
Town Board approval. As typically there is little or no impact from these “Minor
Adjustment” processes, they can appropriately be reviewed and processed by staff.
The amendment would also allow a more realistic time frame for receipt and recordation
of Final Subdivision Plats.
There has been some inconsistency in past years in Community Development’s
processing of Amended Plats and similar, where lots or parcels are consolidated
(combining two or more into one), where an internal lot line or lot lines are slightly
adjusted, or other minor technical corrections. Staff has found examples where
Amended Plats have been processed at staff level. This has not caused any issues that
staff is aware of. In the last couple of years staff has applied a strict interpretation of the
applicable review procedures within the EPDC, Section 3.9, which require any of these
Page 53
to be processed as a “Minor Subdivision,” rather than, for example, a “Minor
Modification to an Approved Final Plan” as provided for in Section 3.7. Minor
Subdivisions require review by the EPPC and Town Board approval. The technical
terms “plan” and “plat” refer to different instruments in typical best planning practice, so
the wording and structure in Section 3.7 is a bit careless at best.
Any subdivision process that creates two or more new lots from a parent parcel would,
with this proposed Code amendment, go through a review and approval process
involving public notice, public meetings, Planning Commission review, and Town Board
approval. However, for Minor Adjustments, that do not involve creating any additional
lots or building sites, there is little or no impact and they can be appropriately processed
by staff. This is staff’s recommendation, which matches usual and customary regulatory
practice in most North American local jurisdictions.
Staff has written the specific revisions to the Code text in the Chapters, see Exhibit A.
There are revisions proposed to Chapters 3 and 10, for consistency and clarity. These
include a provision for compliance with the requirements within the EPDC’s Appendix B,
Submittal Requirements as determined by the Community Development Director. This
is due to the EPDC’s Appendix B currently having no specific requirements or
references whatsoever to Minor Subdivision, Amended Plat, Boundary Adjustment, or
Land Consolidation Plat. Apparently this was an oversight on the part of the original
authors of the EPDC. Applying all of the Preliminary Plat and Final Plat requirements
listed within Appendix B is unnecessary, and many are not applicable.
Based on direction from the Estes Park Planning Commission, staff has added a
Procedure, with staff as decision-making authority, for Minor Adjustments within a Table
in Chapter 2.
The increase from the 60-day submittal time period to 180 days is to provide a better,
more reasonable period to submit a plat for recordation after approval. This will allow
much more flexibility for both the applicant and for staff, and avoid unnecessary
extensions or expirations.
Proposal:
Staff proposes changes to the EPDC, summarized as:
1. Amend Chapter 3, Review Procedures and Standards, Section 3.9 Subdivisions,
to differentiate a “Minor Subdivision” from a “Minor Adjustment.” A “Minor
Adjustment” would be an “Amended Plat,” “Boundary Adjustment,” or a “Land
Consolidation Plat.” There are existing definitions in the EPDC of “Boundary
Adjustment” and “Land Consolidation Plat.” Staff has added a definition of
“Amended Plat” as this is not currently defined in the EPDC.
Minor Subdivisions will continue to be limited to subdivisions involving not more
than four lots, with each fronting onto an existing street and not requiring
extension of public facilities. These Minor Subdivisions are currently defined as
Page 54
“Frontage Lots.” The amendment would re-designate such subdivisions as
“Minor Subdivisions,” in accord with best planning practice. Minor Subdivision
would require Planning Commission review and Town Board approval as they do
now. A Minor Adjustment would be a staff level review.
2. Amend Chapter 3, Review Procedures and Standards, Section 3.2 Standard
Development Review Procedure, G. Summary Table—Standard Development
Review Process by Application Type, by adding a “Minor Adjustment” category
which specifies a required staff review.
3. Amend Chapter 10, Subdivisions, Section 10.2 Applicability/Scope, to
differentiate a Minor Subdivision from a Minor Adjustment, consistent with what is
proposed for Section 3.9 (see No. 1., above).
4. Amend Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms, and
Phrases, by amending the existing definition of Minor Subdivision, to be
consistent with the rest of this proposed code amendment (see No. 1., above).
5. Amend Chapter 3, Review Procedures and Standards, Section 3.9.F.1. Effect of
Approval of a Minor Subdivision, and Section 3.9.F.3. Effect of Approval of a
Final Subdivision Plat, by increasing the time period to submit a plat for
recording, after approval, from the current sixty (60) days, to one hundred and
eighty (180) days.
6. Amend Chapter 2, Code Administration and Review Roles, Section 2.1.B. Table
2 – 1: Code Administration and Review Roles, by adding Minor Adjustment as a
Procedure, with Staff having the Review and Decision Making Authority for Minor
Adjustments.
Note, No. 6 above was added by recommendation of the Estes Park Planning
Commission at their November 17, 2020 meeting.
Community Development Department Public Notice Policy:
This Code Amendment was continued by the Estes Park Planning Commission (EPPC), from
September 15 to November 17, 2020. A primary concern expressed by the EPPC was that
there was no public notice or public input proposed for a Minor Adjustment. Staff had not
initially considered a public notice for a Minor Adjustment. On November 17, 2020 staff
brought a Code amendment to the Planning Commission which added a department policy
where any Minor Adjustment application would involve public notice. Staff’s proposed
department policy is acceptable to the Planning Commission.
Currently, the EPDC requirements for public notice are found within the EPDC Section 3.15
General Notice Provisions. Staff would require the Newspaper Notice requirement and the
Written Notice requirement for any Minor Adjustment, noting there are some modifications to
that which is required in Section 3.15, which is applicable to public hearings and not to a staff
decision. Staff’s proposed requirements for Minor Adjustments are as follows:
Page 55
Newspaper Notice of Minor Adjustment.
Notice shall be published in a newspaper of general circulation in Estes Park at
least fifteen (15) days prior to the Minor Adjustment staff review deadline
(deadline is generally six weeks from submittal).
Written Notice of Minor Adjustments.
1. The Community Development Department shall be responsible for mailing
written notice at least fifteen (15) days before the Minor Adjustment staff
review deadline, to all landowners within a specified boundary perimeter as
required in this Section.
2. Failure to send or receive this written notice shall not affect the review and
decision concerning the Minor Adjustment.
3. Written notice shall be sent by regular USPS mail in a standard business
envelope, and shall include a description of the Minor Adjustment, the
location of the property(s) proposed for review, a notice that written
comment may also be submitted for the Minor Adjustment at any time prior
to the Minor Adjustment staff review deadline, staff contact information, and
a procedure for obtaining additional information if desired.
4. The boundary perimeter within which written notice is to be mailed shall be
determined to include the following:
a. The subject property(s);
b. All properties abutting the subject property(s);
c. All properties directly across a public street or public right-of-way from the
subject property(s), measured by a straight line perpendicular to the street or
right-of-way centerline;
d. All properties in whole or in part less than or equal to one hundred (100)
linear feet from the outermost boundaries of any property included in (a), (b), or
(c) of this Section. The width of any intervening public street or public right-of-
way shall not be counted against the 100-foot linear measure.
Posting Minor Adjustments on the Town Website
All Minor Adjustment applications and submittal documents shall be included in the
“Current Application” section of the Town of Estes Park website. This is found under
“Community Development, Planning and Zoning.”
Advantages:
• Generally complies with the EPDC §3.3.D Code Amendments, Standards for
Review, as applicable.
Page 56
• Establishes and clarifies a review procedure for Amended Plats and similar that can
streamline the review process, which benefits the Town officials, staff, and the
residents of Estes Park.
• Provides a more reasonable and realistic time period to submit a plat for recordation.
Disadvantages:
• Adds slightly to Code length and complexity.
Action Recommended:
Staff is recommending approval of the proposed Code amendment.
The Estes Park Planning Commission, at their November 17, 2020 meeting, forwarded
a recommendation of approval of the Code Amendment, by a vote of 3 – 0.
Finance/Resource Impact:
N/A
Level of Public Interest
Low. Any written comments will be posted to: www.estes.org/currentapplications
Sample Motion:
I move that the Town Board of Trustees approve the Estes Park Development Code
amendment as stated in Ordinance 01-21, including findings as identified in the
Ordinance.
I move that the Town Board of Trustees deny the Estes Park Development Code
amendment as stated in Ordinance 01-21, finding that… [state findings for denial]
I move that the Town Board of Trustees continue the Estes Park Development Code
amendment as stated in Ordinance 01-21 to [date certain], in order that… [state
direction to staff pursuant to continuance]
Attachments:
1. Ordinance 01-21
2. Exhibit A
Page 57
ORDINANCE 01-21
AMENDING CHAPTERS 2, 3, 10, AND 13 OF THE ESTES PARK
DEVELOPMENT CODE REGARDING MINOR ADJUSTMENTS AND
SUBDIVISIONS
WHEREAS, on September 15, 2020, the Estes Park Planning Commission
opened a public hearing, which was then continued to November 17, 2020, on a
proposed text amendment to the Estes Park Development Code adding a “minor
adjustment” category to sections 3.2, 3.9, and 10.2, amending the definition of minor
subdivision in section 13.3, adding minor adjustments as a procedure in section 2.1,
and adding an appeal process for minor adjustments; and found that the text
amendment complies with Estes Park Development Code section 3.3(D) (Code
Amendments: Standards for Review); and
WHEREAS, on November 17, 2020, the Estes Park Planning Commission voted
to recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Park Development Code section 3.3(D) and has
determined that it is in the best interest of the Town that the amendment to the Estes
Park Development Code, as set forth on Exhibit A, be approved; and
WHEREAS, said amendment to the Estes Park Development Code is set forth
on Exhibit A, attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Sections 2.1, 3.2, 3.9, 10.2, and 13.3 of the Estes Park
Development Code are hereby amended by the addition of underlined material and
the deletion of stricken material as set forth on Exhibit A. In Exhibit A, ellipses indicate
material not reproduced as the Board intends to leave that material in effect as it now
reads.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days
after its adoption and publication.
ATTACHMENT 1
Page 58
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2021.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2021 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2021, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 59
§ 2.1 - Code Administration and Review Roles
. . .
B.Table 2-1: Code Administration and Review Roles.
PROCEDURE REVIEW AND DECISION-MAKING AUTHORITY
Staff EVPC Boards [1] BOA [1]
. . .
Minor Adjustments DM - - A
ATTACHMENT 2
EXHIBIT A
ATTACHMENT 2 EXHIBIT A Page 1 of 8
Page 60
§ 3.2 - Standard Development Review Procedure
. . .
G. Summary Table—Standard Development Review Process by Application Type.
"V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable
"APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text)
Step 1
Pre-
Application
Conference
Step 2
Neighborhood
& Community
Meeting
Step 3
Application/
Completeness
Certification
Step 4
Staff
Review
& Report
Step 5
EVPC
Action
Step 6
Board
Action
. . .
Minor
Subdivision
(Ord. 18-01
#5
M V A A A A
Minor
Adjustment
V V A A N/A N/A
. . .
ATTACHMENT 2 EXHIBIT A Page 2 of 8
Page 61
§ 3.9 – Subdivisions
. . .
C. Procedure for Approval of Subdivisions (Except Minor Subdivisions and Minor
Adjustments)
. . .
D. Minor Subdivisions and Minor Adjustments.
1. Defined. Minor subdivisions shall be defined as follows: Minor Subdivisions and Minor
Adjustments are categorized as follows:
a. Frontage Lots Minor Subdivision . Division of one (1) or more lots, tracts or parcels of land
into a total of not more than four (4) lots shall also be a minor subdivision, provided that each
resulting lot fronts onto an existing street, and that the subdivision entails no extension of
public facilities. No more than a total of four (4) lots shall be created out of a lot, tract or
parcel or set of contiguous parcels in the same ownership using the minor subdivision
procedure. Frontage Lot subdivisions shall be titled as a "Subdivision." (Ord. 18-01 #8;
Ord. 8-05 #1)
b. Boundary Adjustments . Division of one (1) or more lots, tracts or parcels of land for the
purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent
lots, tracts or parcels of land, which adjustments do not create additional lots or building sites
for any purposes, shall be considered a minor subdivision for review procedure. Boundary
Adjustments shall be titled as a "Boundary Line Adjustment" for properties not within a
platted subdivision or "Amended Plat" for properties within a platted subdivision. Minor
Adjustment. Minor Adjustments are Amended Plats, Boundary Line Adjustments, or Land
Consolidation Plats: The final map shall clearly indicate the original boundaries of each lot
and shall contain the following statement: (Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building sites for
any purposes. The area added to each lot shown hereon by such adjustment is to be
considered an addition to, shall become a part of, and shall be conveyed together with, each
lot as shown." (Ord. 8-05 #1)
c. Land Consolidation Plats . Unplatted contiguous legal lots approved for single-family
residential development can be combined with a land consolidation plat. Land Consolidation
Plats shall be titled as a "Land Consolidation Plat." The final plat shall clearly indicate the
original boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building sites for
any purposes." (Ord. 8-05 #1)
(1) Amended Plat. An Amended Plat is an instrument to amend a recorded subdivision
plat. An Amended Plat is a revision to a recorded subdivision plat, or a portion of a
recorded subdivision plat. An Amended Plat may reconfigure lots, vacate interior lot
ATTACHMENT 2 EXHIBIT A Page 3 of 8
Page 62
lines, change or eliminate a platted building envelope, or correct drafting or technical
errors. To qualify as an Amended Plat, no additional lots or building sites may be
created, nor any lots that do not comply with zoning standards or other requirements
of this code. An Amended Plat must not include easement or right-of-way vacation
or dedication, involve more than five (5) lots, or necessitate new or modified public
improvements; such plats shall be considered final subdivision plats under
subsection 3.9.C, above, and shall require a public hearing before the Town Board of
Trustees.
(2) Boundary Adjustment shall mean the division of one (1) or more lots, tracts or
parcels of land for the sole purpose of adjusting boundary lines between such lots,
tracts or parcels of land and adjacent lots, tracts or parcels of land, which
adjustments do not create additional lots or building sites for any purposes.
(3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family
residential development may be combined with a Land Consolidation Plat, provided
that the new lot conforms to all requirements of this code. Land Consolidation Plats
shall be titled as “Land Consolidation Plat.” The final plat shall clearly indicate the
original boundaries of each lot and shall contain the following statement:
“Boundary lines indicated on this map are adjustments of former boundary lines
of the property depicted hereon. Such adjustments do not create additional lots
or building sites for any purposes.”
2. Hazard Areas. Except Land Consolidation Plats, aAreas with geologic hazards as
defined by §7.7 of this Code shall not be eligible for the minor subdivision process.
(Ord. 18-01 #9; Ord. 8-05 #1)
3. Procedure for Approval of Minor Subdivisions and Minor Adjustments. Applications
for minor subdivision or minor adjustment approval shall follow the standard development
approval process set forth in §3.2 of this Chapter. , except that Land Consolidation Plats
shall not be subject to review by the Planning Commission. Land Consolidation Plats shall
follow the review timeframe established for Final Plats.
(Ord. 18-01 #10; Ord. 8-05 #1)
4. Submittal Requirements. Boundary Line Adjustments and Amended Plats A Minor
Adjustment shall follow the applicable subdivision submittal requirements within the EPDC
Appendix B. II., as determined by the Community Development Director or designee.
involving exchange of land shall require deeds describing the resultant parcels, signed and
dated by owners, and dated and sealed by a Notary Public, to be submitted with the Mylars.
(Ord. 18-01 #11; Ord. 8-05 #1)
5. Modifications and Waivers. The Community Development Director, or designee, shall
have authority to grant modifications and/or waive standards set forth in Chapter 10 in
conjunction with an Amended Plat, Boundary Adjustment or Land Consolidation Plat.
. . .
F. Effects of Approval.
ATTACHMENT 2 EXHIBIT A Page 4 of 8
Page 63
1. Effect of Approval of a Minor Subdivision or Minor Adjustment. Within sixty (60) one
hundred and eighty (180) days of the Board's approval of the minor subdivision or minor
adjustment, the developer shall submit the minor subdivision or minor adjustment final plat
for recording. If the minor subdivision or minor adjustment plat plan is not submitted for
recording within this sixty-day one hundred and eighty day time period, the approval shall
automatically lapse and be null and void.
. . .
3. Effect of Approval of a Final Subdivision Plat. Within sixty (60) one hundred and eighty
(180) days from the date of the Board's action on the final subdivision plat, the Applicant
shall make all required revisions, if any (see §3.2.E above), and shall submit the final
subdivision plat to the Town for recording. If the final plat is not submitted for recording within
this sixty-day one hundred and eighty day time period, the approval shall automatically lapse
and be null and void.
ATTACHMENT 2 EXHIBIT A Page 5 of 8
Page 64
§ 10.2 - APPLICABILITY/SCOPE
. . .
B. Minor Subdivisions and Minor Adjustments. Minor Subdivisions and Minor
Adjustments are subject to full review and compliance with the applicable standards set forth
in Chapter 10 and the applicable submittal requirements set forth in Appendix B,.as
determined by the Community Development Director or designee.
(Ord. 18-01 #22)
1. Frontage LotsMinor Subdivision. Division of one (1) or more lots, tracts or parcels of
land into a total of not more than four (4) lots shall also be considered a minor subdivision,
provided that each resulting lot fronts onto an existing street, and that the subdivision entails
no extension of public facilities. No more than a total of four (4) lots shall be created out of a
lot, tract, parcel or set of contiguous parcels in the same ownership using the minor
subdivision procedure. Frontage Lot Minor sSubdivisions shall be titled as a "Subdivision."
(Ord. 18-01 #23; Ord. 8-05 #1)
2. Boundary Adjustments Minor Adjustments. Minor Adjustments are Amended Plats,
Boundary Line Adjustments, or Land Consolidation Plats: Division of one (1) or more lots,
tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts
or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not
create additional lots or building sites for any purposes, shall be considered a minor
subdivision for review procedure. Boundary Adjustments shall be titled as a "Boundary Line
Adjustment" for properties not within a platted subdivision, or "Amended Plat" for properties
within a platted subdivision. The final map shall clearly indicate the original boundaries of
each lot and shall contain the following statement:
(Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building sites for
any purposes. The area added to each lot shown hereon by such adjustment is to be
considered an addition to, shall become a part of, and shall be conveyed together with, each
lot as shown."
(Ord. 8-05 #1)
3. Land Consolidation Plats. Unplatted contiguous legal lots approved for single-family
residential development can be combined with a Land Consolidation Plat. Land
Consolidation Plats shall be titled as a "Land Consolidation Plat". The final map shall clearly
indicate the original boundaries of each lot and shall contain the following statement:
(Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building sites for
any purposes." (Ord. 8-05 #1)
(Ord. 18-01 #22, 23, 10/23/01; Ord. 8-05 #1, 6/14/05)
(1) Amended Plat. An instrument to amend a recorded subdivision plat. An Amended
Plat is a revision to a recorded subdivision plat, or a portion of a recorded subdivision
plat. An Amended Plat may reconfigure lots, vacate interior lot lines, change or
eliminate a platted building envelope, or correct drafting or technical errors. To
ATTACHMENT 2 EXHIBIT A Page 6 of 8
Page 65
qualify as an Amended Plat, no additional lots or building sites may be created, nor
any lots that do not comply with zoning standards or other requirements of this code.
An Amended Plat must not include easement or right-of-way vacation or dedication,
involve more than five (5) lots, or necessitate new or modified public improvements;
such plats shall be considered subdivision plats under subsection 3.9.C., and shall
require a public hearing before the Town Board of Trustees.
(2) Boundary Adjustment. The division of one (1) or more lots, tracts or parcels of land
for the sole purpose of adjusting boundary lines between such lots, tracts or
parcels of land and adjacent lots, tracts or parcels of land, which adjustments do
not create additional lots or building sites for any purposes.
(3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family
residential development may be combined with a Land Consolidation Plat, provided
that the new lot conforms to all requirements of this code. Land Consolidation Plats
shall be titled as “Land Consolidation Plat.” The final plat shall clearly indicate the
original boundaries of each lot and shall contain the following statement:
“Boundary lines indicated on this map are adjustments of former boundary lines of
the property depicted hereon. Such adjustments do not create additional lots or
building sites for any purposes.”
ATTACHMENT 2 EXHIBIT A Page 7 of 8
Page 66
§ 13.3 - Definitions of Words, Terms and Phrases
. . .
235. Subdivision, Minor shall mean subdivision for the purposes of boundary adjustments;
or subdivision into a total of not more than four (4) lots, provided that each resulting lot fronts
onto an existing dedicated public street and the subdivision entails no extension of municipal
facilities.
. . .
ATTACHMENT 2 EXHIBIT A Page 8 of 8
Page 67
Page 68
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Date: January 12, 2021
RE: Resolution 04-21 Professional Services Agreement Amendment Two with
SAFEBuilt Colorado, LLC, for Renewal of Building Safety Services Agreement,
2021
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve a contract amendment renewing our existing Professional Services
Agreement with SAFEBuilt Colorado, LLC for building safety services on behalf of the Town.
The amendment would exercise a renewal clause in the current contract to extend the contract
through calendar year 2021. Except for the renewed timeframe, no changes to the existing
contract are proposed or contemplated in 2021.
Present Situation:
Since early 2019, the Town and SAFEBuilt have had a contractual agreement for staffing the
Building Safety division in the Community Development Department and performing
operational services and responsibilities in the division on behalf of the Town and community.
This contract and the services performed pursuant to it have proven more than satisfactory
over almost two years. Both Town staff and SAFEBuilt personnel are pleased with the contract
and believe renewing it without material change is in all parties’ best interest.
Section 25 of the existing contract reads as follows:
25. TERM: This Contract shall commence on January 1, 2020 and shall continue through
December 31, 2020 with the option of four (4) additional renewals, on an annual basis,
upon agreement of both parties.
Proposal:
Report
COMMUNITY DEVELOPMENT
Page 69
The contract section above provides the authority for SAFEBuilt and the Town to renew the
contract for calendar year 2021. To ensure that all contract elements are including in a single,
updated document, the Town and SAFEBuilt propose that an amendment to the contract be
approved that would exercise the first of the four renewal options in Sec. 25. Approving this
amendment will add it to the current contract and leave all remaining provisions in effect.
The renewal amendment is Amendment Two to the contract (Attachment 2.) The Board will
recall that Amendment One was adopted in July 2020; it added the Building Permit Technician
position to the contract in exchange for increasing SAFEBuilt’s permit-fee recovery to 100
percent of fees paid, and also provided for subvention of 50 percent of SAFEBuilt’s charge to
the Town for certain building projects meeting community-benefit criteria.
A copy of the full existing contract, including Amendment One, is included (Attachment 1.)
To put it in a single sentence: Town staff is happy with SAFEBuilt’s services and personnel; we
believe the contractors and community members are, too; and this amendment will continue
the relationship along the same lines through 2021.
Advantages:
• Continues a positive model for providing building-safety services to the Town and
community at a reasonable financial rate.
• Allows a currently mutually beneficial contractual relationship to continue.
Disadvantages:
• There is always an argument for providing Town services through a Town staffing and
resource model.
Action Recommended:
Staff recommends approval of the contract amendment as drafted.
Finance/Resource Impact:
Approx. budget neutral, based on estimated cost and revenue. Estimated building-permit
revenue in 2021 is approx. $397,000.
Level of Public Interest
Medium-to-high among contractors and builders; low among general public.
Sample Motions:
1. I move for the approval/denial of Resolution 04-21.
Attachments:
1. Resolution 04-21
2. Amendment Two / Professional Services Agreement between Town of Estes Park,
Colorado and SAFEBuilt Colorado, LLC
3. Town of Estes Park, Colorado Professional Services Agreement [with SAFEBuilt
Colorado, LLC] (including Amendment One), dated July 15, 2020.
Page 70
RESOLUTION 04-21
APPROVING AMENDMENT TWO TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SAFEBUILT COLORADO LLC FOR BUILDING SAFETY
SERVICES
WHEREAS, the Town Board desires to enter into an amendment to renew the
professional services agreement referenced in the title of this resolution for the purpose
of providing building safety services; and
WHEREAS, the original agreement was approved by Town Board at its January
14, 2020 Town Board meeting, with an effective date of January 1, 2020; and
WHEREAS, Amendment One was approved by Town Board at its July 14, 2020
Town Board meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, Amendment Two to the
SAFEBuilt Colorado LLC professional services agreement, as referenced in the title of
this resolution, in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 71
AGREEMENT AMENDMENT Page 1 of 1
AMENDMENT TWO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF ESTES PARK, COLORADO
AND SAFEbuilt COLORADO, LLC
This Amendment is entered into to amend the Professional Services Agreement previously entered into on January
01, 2021, by and between Town of Estes Park, Colorado (Town) and SAFEbuilt Colorado, LLC, a wholly owned subsidiary
of SAFEbuilt, LLC, (Consultant). Town and the Consultant shall be jointly referred to as the “Parties”.
Amendment Effective Date: This Amendment shall be effective on January 1, 2021.
RECITALS AND REPRESENTATIONS
Town and Consultant entered into a Professional Services Agreement (Agreement), by which both Parties
established the terms and conditions for service delivery for the period of January 01, 2020 through December 31, 2020
with the option of four (4) additional renewals, on an annual basis, upon agreement of both Parties; and
On July 15, 2020, Town and Consultant instituted Amendment One to the Agreement to add Permit Technician
services; and
Parties hereto now desire to amend the Agreement as set forth herein; and
NOW, THEREFORE
Agreement is hereby amended as set forth below; and
1.Town and Consultant desire to exercise the first of four (4) renewal options provided for in Section 25. Term.
The term of Agreement shall be extended for an additional twelve (12) month period of January 01, 2021
through December 31, 2021.
All other provisions of the original Agreement shall remain in effect, to the extent not modified by Amendment.
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.
______________________________ ____________________
Thomas P. Wilkas, CFO Date
SAFEbuilt Colorado, LLC
TOWN OF ESTES PARK:
______________________________ ____________________
Mayor Date
ATTEST:
______________________________ ____________________
Town Clerk Date
APPROVED AS TO FORM:
____________________________
ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 3
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EXHIBIT A
SAFEbuilt SCOPE OF SERVICES AND COST PROPOSAL
1. SCOPE OF SERVICES
Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the
elected body of Municipality. The qualified professionals employed by Consultant will maintain current
certifications, certificates, licenses as required for Services that they provide to Municipality. Consultant
is not obligated to perform services beyond what is contemplated by this Agreement.
2. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES
During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire,
or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided
services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with
Municipality in connection with the provision of such services (including but not limited to supervisors or
managers of Service Providers, customer relations personnel, accounting personnel, and other support
personnel of Consultant). Parties agree that this provision is reasonable and necessary in order to preserve
and protect Consultant’s trade secrets and other confidential information, its investment in the training of
its employees, the stability of its workforce, and its ability to provide competitive building department
programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad,
unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify
such provision to the minimum extent necessary to render this section enforceable. In the event that
Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a
placement fee equal to 25% of the employee’s annual salary including bonus.
3. LIST OF SERVICES
Building Official Services
Manage and help administer the department and report to Municipality’s designated official
Be a resource for Consultant team members, Municipal staff, and applicants
Help guide citizens through the complexities of the codes in order to obtain compliance
Monitor changes to the codes including state or local requirements and determine how they may
impact projects in the area and make recommendations regarding local amendments
Assist Municipal staff in revising and updating municipal code to comply with adopted requirements
Provide Building Code interpretations for final approval
Oversee our quality assurance program and will make sure that we are meeting our agreed upon
performance measurements and your expectations
Provide training for our inspectors on Municipality adopted codes and local amendments as needed
Oversee certificate of occupancy issuance to prevent issuance without compliance of all departments
Attend staff and council meetings as mutually agreed upon
Responsible for reporting for Municipality – frequency and content to be mutually agreed upon
Responsible for client and applicant satisfaction
Work with Municipal staff to establish and/or refine building department processes
Issue stop-work notices for non-conforming activities – as needed
Building, Plumbing, and Mechanical Inspection Services
Consultant will provide a certified Combination Inspector
Services excludes Electrical Inspections to be provided by the State of Colorado
Perform code compliant inspections to determine that construction complies with approved plans
Meet or exceed agreed upon performance metrics regarding inspections
Provide onsite inspection consultations to citizens and contractors while performing inspections
Return calls and emails from permit holders in reference to code and inspection concerns Page 87
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 14 of 17
Identify and document any areas of non-compliance
Leave a copy of the inspection ticket and discuss inspection results with site personnel
Vacation Rental Inspections
Provide in accordance with Ordinance 06-19 and 2015 International Residential Code
Plan Review Services
Provide plan review services electronically or in the traditional paper format
Review plans for compliance with adopted building codes, local amendments or ordinances
Be available for pre-submittal meetings by appointment
Coordinate plan review tracking, reporting, and interaction with applicable departments
Provide feedback to keep plan review process on schedule
Communicate plan review findings and recommendations in writing
Return a set of finalized plans and all supporting documentation
Provide review of plan revisions and remain available to applicant after the review is complete
Permit Technician Services
Provide qualified individuals to perform the functions of this position
Facilitate the permitting process from initial permit intake to final issuance of permit
Review submittal documents and request missing information to ensure packets are complete
Provide front counter customer service as necessary
Answer questions concerning the building process and requirements at the counter or over the
phone
Form and maintain positive relationships with Municipal staff and maintain a professional image
Determine permit fees based on Municipal fee schedule as established by ordinance, if requested
Work with Municipal Clerk to facilitate Colorado Open Records Act requests, if requested
Provide inspection scheduling and tracking to ensure code compliance
Act as an office resource to inspectors in the field
Process applications for Municipal Boards and Commissions – if requested
Provide input, tracking and reporting to help increase efficiencies
Reporting Services
Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format
4. COMMUNITY CORE SYSTEMS TERMS AND CONDITIONS
Provide Community Core in accordance with the terms and conditions of Exhibit C.
5. MUNICIPAL OBLIGATIONS
Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet,
use of copier and fax
6. FEE SCHEDULE
Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee
Schedule
Municipality will periodically review its Municipal Fee Schedule and valuation tables and make
adjustment to reflect increases in the cost incurred by Consultant in providing Services
Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based
upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,
Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All
Urban Consumers, referred to herein as the “CPI”) from the previous calendar year, such increase,
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 15 of 17
however, not to exceed 4% per annum. The increase will become effective upon publication of the
applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
Service Fee Schedule:
Inspection Service (permits issued prior to service start date) $75.00 per inspection
Inspection Service (permits issued after service start date) 82% of Municipal Permit Fee as established by
ordinance or resolution
Plan Review Services - excludes engineer review fees 82% of Municipal Plan Check Fee as established by
ordinance or resolution
Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum
Building Official Services Included in percentage of fees above
Permit Technician Service $55.00 per hour – one (1) hour minimum
After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum
Non-Permitted Activity (by request only) $75.00 per hour – one (1) hour minimum
Investigative Services (by request only) $75.00 per hour – one (1) hour minimum
Town Owned Projects and School Projects 50% of applicable Municipal fees as established by
ordinance or resolution
Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program
Page 89
EXHIBIT B – SAFEbuilt PERFORMANCE
1. TIME OF PERFORMANCE
Services will be performed during normal business hours excluding Municipal holidays.
Services will be performed from Municipal offices Monday through Friday, (8) hours daily between 8:00
am and 5:00 pm
Consultant’s representative(s) will be available by cell phone and email
Deliverables
INSPECTION SERVICES Perform inspections requested by 4:00 pm next business day
TWO HOUR INSPECTION
WINDOW
Provide a two-hour window of time that the permit holder can expect to have
their inspection performed – Upon request only
MOBILE RESULTING Provide our inspectors with field devices to enter results immediately
PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment
PLAN REVIEW
TURNAROUND TIMES
Provide comments within the following timeframes:
Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
Single-family within
Multi-family within
Small commercial within
(under $5M in valuation)
Large commercial within
First Comments
7 business days
10 business days
10 business days
20 business days
Second Comments
5 business days or less
7 business days or less
7 business days or less
15 business days or less
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 17 of 17
EXHIBIT C – COMMUNITY CORE SOLUTIONS
Attach here
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Page 92
FINANCE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director
Date: January 12, 2021
RE: Appoint Audit Firm for Year Ended December 31, 2020 with Four Optional
Annual Renewals
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER - Motion
QUASI-JUDICIAL YES NO
Objective:
To formally appoint a new audit firm to perform the Town’s audit for the year ended
December 31, 2020 with optional renewals for the next four years through 2024.
Present Situation:
Audit services were bid out October 28, 2020, at the direction of the audit committee.
Four audit proposals were received by the November 23, 2020 due date.
A proposal evaluation team consisting of Town Administrator Machalek, Finance
Director Hudson, Accounting Manager Garcia, Accountant Johnson, and Grant
Coordinator Beesley reviewed the audit proposal and ranked them by technical
qualifications. The proposal evaluation team then reviewed the sealed cost bids in light
of the firm’s technical qualifications.
All four firms were then invited to meet with the interview committee consisting of Mayor
Koenig and Trustee MacAlpine. Staff present included Town Administrator Machalek,
Visit Estes Park’s Chief Financial Officer Kevin Benes, Finance Director Hudson,
Accounting Manager Garcia, and Accountant Johnson. The interviews were held Dec
10 & 11, 2020.
After interviewing the prospective audit firms, and discussion of the proposals with staff,
the interview committee asked that references be checked on two firms, Haynie &
Company and Hinkle & Company PC. The interview committee also requested staff to
contact Haynie & Company to make sure they understood the need to prepare the draft
financial statements, including separate financial statements for Visit Estes Park (VEP).
Finance Director Hudson proceeded to contact references during the week of
December 14th, 2020 and reached out to Haynie & Company regarding the financial Page 93
statements. Haynie and Company then resubmitted a revised dollar bid reflecting the
additional work on the financial statements. Haynie & Company remained the low
bidder, even after the dollar bid revisions.
The interview committee met again on Dec 21, 2020 along with staff and reviewed the
results of the reference checks and financial statement clarifications. Town and VEP
staff unanimously expressed comfort with Haynie & Company after the dollar bid
revisions. After detailed discussion, the interview committee unanimously
recommended appointing Haynie & Company as the Town’s auditors.
Proposal:
The interview committee recommends that Haynie & Company be awarded the contract
to perform the Town’s audit for the year ended December 31, 2020 with optional annual
renewals for the next four years through December 31, 2024.
Advantages:
The Town is required by state statute, debt requirements and by grantor agencies to
have an annual audit conducted by a qualified CPA firm. This action will demonstrate
continued compliance with this requirement.
Award of the engagement to Haynie & Company on January 12, 2021 will allow the
work to begin quickly to meet upcoming deadlines.
Disadvantages:
None identified.
Action Recommended:
Appoint Haynie & Company as the Town’s auditors for the year ended December 31,
2020 with optional annual renewals for the next four years through December 31, 2024.
Finance/Resource Impact:
The audit is an annual expense budgeted at a total of $57,000 for 2021. The audit fee
for 2020 as proposed is $49,000, which is within the budgeted amount.
Level of Public Interest
No inquiries or comments have been received regarding this appointment from the
general public.
Sample Motion:
I move for the approval/denial to award the financial audit engagement for the year
ended December 31, 2020 with optional annual renewals for the next four years through
2024 to Haynie & Company.
Attachments:
1. Auditor Proposal Bid Tabulation
Page 94
TOWN OF ESTES PARKSUMMARY OF FIVE YEAR AUDIT BIDS - RevisedFISCAL YEARS 2020 TO 20242020 2021 2022 2023 2024 2020 2021 2022 2023 2024Eide Bailly LLP 87,975 73,020 74,940 76,860 78,300 20,250 20,850 21,450 22,050 22,500 Haynie & Company49,000 50,250 51,600 53,050 54,400 9,400 9,700 10,000 10,300 10,600 Hinkle & Company55,000 55,000 57,750 57,750 60,650 15,000 15,000 15,750 15,750 16,550 McGee, Hearne & Paiz, LLP 57,000 58,500 60,000 61,500 63,000 17,500 18,000 18,500 19,000 19,400 2020 2021 2022 2023 2024 2020 2021 2022 2023 2024Eide Bailly LLP625 500 500 500 500 150 150 150 150 150 Haynie & Company312 305 305 305 305 68 67 67 67 67 Hinkle & Company499 499 499 499 499 134 134 134 134 134 McGee, Hearne & Paiz, LLP 605 605 605 605 605 200 200 200 200 200 Town of Estes ParkVisit Estes ParkTotal Maximum Not to Exceed PriceTotal HoursTown of Estes ParkVisit Estes ParkAttachment 1Page 95
TOWN OF ESTES PARK
AUDIT BID TABULATION
FISCAL YEAR ENDED 12-31-2020
FIRM - Eide Bailly
HOURLY
RATE HOURS AMOUNT
HOURLY
RATE HOURS AMOUNT
PARTNER 135 40 5,400 135 15 2,025
MANAGER 135 55 7,425 135 15 2,025
SUPERVISORY STAFF 135 120 16,200 135 40 5,400
OTHER STAFF 135 120 16,200 135 40 5,400
SINGLE AUDIT - COST PER MAJOR
GRANT PROGRAM 135 65 8,775 135 0 -
SINGLE AUDIT - COST PER CARES
grant 135 125 16,875 135 0 -
SUBTOTAL 525 70,875 110 14,850
GASB 68 & 75 ENTRIES 175 20 3,500 **
PREPARATATION OF CAFR 135 80 10,800 135 40 5,400
MEALS & LODGING 2,500 -
TRANSPORTATION 300 -
OTHER - -
TOTAL MAXIMUM NOT TO EXCEED
PRICE 525 87,975 110 20,250
TOWN OF ESTES PARK VISIT ESTES PARK
** CAFR time estimates assumes that you will make prior year CAFR templates available to us. If we have to create from
scratch, CAFR prep will be charged based on time incurred at quoted hourly rates.
Attachment 1
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TOWN OF ESTES PARK
AUDIT BID TABULATION
FISCAL YEAR ENDED 12-31-2020
FIRM - Haynie & Company
HOURLY
RATE HOURS AMOUNT
HOURLY
RATE HOURS AMOUNT
PARTNER 310 20 6,200 310 2 620
MANAGER 180 36 6,480 180 12 2,160
SUPERVISORY STAFF 140 101 14,140 140 30 4,200
OTHER STAFF 110 155 17,050 110 24 2,640
SINGLE AUDIT - COST PER MAJOR
GRANT PROGRAM 4,300 -
SINGLE AUDIT - COST PER CARES
grant - -
SUBTOTAL 312 48,170 68 9,620
GASB 68 & 75 ENTRIES -
PREPARATATION OF CAFR - -
MEALS & LODGING 500 -
TRANSPORTATION 1,000 -
OTHER - -
DISCOUNT (670) (220)
TOTAL MAXIMUM NOT TO EXCEED
PRICE 312 49,000 68 9,400
TOWN OF ESTES PARK VISIT ESTES PARK
Attachment 1
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TOWN OF ESTES PARK
AUDIT BID TABULATION
FISCAL YEAR ENDED 12-31-2020
FIRM - Hinkle & Company
HOURLY
RATE HOURS AMOUNT
HOURLY
RATE HOURS AMOUNT
PARTNER 140 50 7,000 140 10 1,400
MANAGER 120 75 9,000 120 45 5,300 Rounded
SUPERVISORY STAFF 110 125 13,600 Rounded 110 40 4,400
OTHER STAFF 100 199 19,900 100 39 3,900
SINGLE AUDIT - COST PER MAJOR
GRANT PROGRAM 50 5,500 -
SINGLE AUDIT - COST PER CARES
grant - -
SUBTOTAL 499 55,000 134 15,000
GASB 68 & 75 ENTRIES -
PREPARATATION OF CAFR - -
MEALS & LODGING - -
TRANSPORTATION - -
OTHER - -
DISCOUNT - -
TOTAL MAXIMUM NOT TO EXCEED
PRICE 499 55,000 134 15,000
TOWN OF ESTES PARK VISIT ESTES PARK
Attachment 1
Page 98
TOWN OF ESTES PARK
AUDIT BID TABULATION
FISCAL YEAR ENDED 12-31-2020
FIRM - McGee, Hearne & Paiz, LLP
HOURLY
RATE HOURS AMOUNT
HOURLY
RATE HOURS AMOUNT
PARTNER 225 40 9,000 225 10 2,250
MANAGER 120 75 9,000 120 25 3,000 Rounded
SUPERVISORY STAFF 90 170 15,300 Calc Diff 90 80 7,200
OTHER STAFF 70 270 18,900 70 85 5,950
SINGLE AUDIT - COST PER MAJOR
GRANT PROGRAM 50 5,000 -
SINGLE AUDIT - COST PER CARES
grant - -
SUBTOTAL 605 57,200 200 18,400
-
- -
MEALS & LODGING 1,000 -
TRANSPORTATION 1,500 -
OTHER - -
DISCOUNT (2,700) (900)
TOTAL MAXIMUM NOT TO EXCEED
PRICE 605 57,000 200 17,500
TOWN OF ESTES PARK VISIT ESTES PARK
Attachment 1
Page 99
Page 100
Public Works Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Christy Crosser, Grant Specialist
Ryan Barr, Pavement Manager
Date: January 12, 2021
RE: Resolution 05-21 for CDOT Intergovernmental Agreement for Multimodal
Options Fund and Transportation Alternative Program Funds for Fall River
Trail
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval for this Intergovernmental Agreement
(IGA) from the Colorado Department of Transportation (CDOT) for construction funds
for the Fall River Trail project.
Present Situation:
The Town Board supported Public Works staff to submit for two CDOT grant
applications which were awarded:
1. Transportation Alternative Program (TAP) is Federal Highway Administration (FHWA)
funds. Award amount: $955,000. Local cost share amount: $238,750.
2. Multimodal Options Fund (MMOF) is state funds. Award amount: $448,226. Local cost
share amount: $178,664.
The Fall River Trail project is a high priority trail according to the Estes Valley Master
Trails Plan. As such, Town staff have worked diligently to research grant opportunities
and submit applications.
This work will consist of multimodal trail construction along Fall River Road (US 34)
starting at the current trail terminus near Sleepy Hollow Court. The proposed
construction will follow US 34 west for approximately 0.25 miles.
The design phase of this work was completed to a 90% phase in 2017 through a
Federal Transit Administration Sarbanes Alternative Transportation in Parks and Public
Page 101
Lands Grant. Final 100% design efforts are scheduled for completion in 2021,
supported with Town funds.
Following final design, the Town will solicit bids for construction. The construction phase
of the project is estimated to begin in federal fiscal year 2023 and estimated completion
for this trail segment will be spring 2023.
Proposal:
Town Board approval IGA will allow staff to proceed with final design and construction
of this important trail project. This is an expensive project and its successful completion
is possible with grant funds.
Advantages:
• Town staff strategically applied for these CDOT funds for this specific trail segment
because it is on their highway system (US 34) and because this is a particularly
challenging area because of the proposed trail alignment to the road and river bank.
• These funds support another segment of this trail that will connect historic downtown
Estes Park with Rocky Mountain National Park (RMNP).
• When completed, this will be the first multimodal trail that connect with RMNP.
• This project supports the Estes Valley Master Trails Plan.
• To date, approximately 1.2 miles of this 2.5-mile trail has been constructed. This
segment will add another 0.25 miles toward completion, and it will be constructing
the most challenging and expensive segment.
• This trail extension will provide added safety to residents and visitors that walk and
bike this heavily-trafficked stretch of Fall River Road (US34).
Disadvantages:
• These funds do not complete the trail; however, construction of this segment
extends the trail closer to completion.
• As most all grants, there is a required cost share; however, funds have been
allocated for this project through the 1A Trail Expansion Funds and Larimer County
Open Space Funds.
• Construction activity will be disruptive especially to motorists along Fall River Road;
however, traffic control will be provided and construction will primarily be conducted
during the slower tourist months.
Action Recommended:
Staff recommends Town Board approval for this IGA for Fall River Trail construction
support.
Finance/Resource Impact:
• TAP grant: $955,000
• Cost share: $238,750 is supported from 1A Trail Expansion Funds and Larimer County
Open Space Funds and will be budgeted in future years.
• MMOF grant: $448,226 Page 102
• Cost share: $178,664 is supported from 1A Trail Expansion Funds and Larimer County
Open Space Funds and will be budgeted in future years.
Level of Public Interest
Moderate.
Sample Motion:
I move for the approval/denial of Resolution 05-21.
Attachments:
1. Resolution 05-21
2. CDOT IGA
3. Video of proposed area to be shown during meeting
Page 103
RESOLUTION 05-21
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO
DEPARTMENT OF TRANSPORATION FOR GRANT FUNDING FOR THE FALL
RIVER TRAIL
WHEREAS, the Town Board desired to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of constructing a segment of the
Fall River Trail.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 104
TOWN BOARD MEETING
January 12, 2021
Action Item 3.
Resolution 05-21 For CDOT Intergovernmental
Agreement for Multimodal Options Fund and
Transportation Alternative Program Funds for
Fall River Trail.
Attachment 2 - IGA
Page 105
Page 106
TOWN ADMINISTRATOR’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: January 12, 2021
RE: Revise Policy 671 – Town Funding of Outside Entities
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION X OTHER Motion
QUASI-JUDICIAL YES X NO
Objective:
Revise Policy 671 – Town Funding of Outside Entities
Present Situation:
During the Budget Work Sessions held in October, the Town Board expressed interest
in reassessing the eligibility criteria for Town funding of outside entities, particularly
those related to Community Initiative Funding. Concern was expressed about the lack of
existing eligibility restrictions stated in Policy 671 – Town Funding of Outside Entities.
More specifically, some Trustees questioned whether it was appropriate for Town funds
to be used to support other taxing districts or organizations that support those taxing
districts. There were also questions about the appropriateness of Town funds
supporting organizations that are primarily funded through their membership.
As it relates to Community Initiative Funding, the policy currently includes the following
eligibility criteria:
“Any entity or group serving the Estes Valley is eligible to apply for Community Initiative
funding, except those groups receiving Base funding under Section 3.a of this policy.
Base funding recipients must ask for all desired funds through the
Base funding process.”
The Town Board held a Study Session on December 8, 2020 to discuss potential
revisions to Policy 671. At that meeting, the Board directed staff to prepare a policy
revision based on feedback provided.
Page 107
Proposal:
Consistent with the Board’s discussion at its December 8, 2020 Study Session, staff
proposes revising the eligibility criteria section of Policy 671, Section 3(b)ii, as follows:
“Any entity or group serving the Estes Valley is eligible to apply for Community
Initiative funding, except those groups receiving Base funding under Section 3.a
of this policy, other taxing districts, and organizations that exist for the purpose of
providing financial support and/or fundraising for other taxing districts. Base
funding recipients must ask for all desired funds through the Base funding
process.”
Advantages:
• If Policy 671 is amended as proposed, Town funding for Community Initiatives
would not go to other taxing districts or organizations that exist for the purpose of
providing financial support and/or fundraising for other taxing districts. These
funds could be used to support other eligible organizations or otherwise be
reallocated.
Disadvantages:
• Some organizations that support taxing districts and/or those that require dues
for membership may also provide benefits to the community. It is possible that
such community benefits may be jeopardized without financial assistance from
the Town.
Action Recommended:
Approve revisions to Policy 671 – Town Funding of Outside Entities
Finance/Resource Impact:
Not applicable at this time.
Level of Public Interest
Medium.
Sample Motion:
I move for the approval/denial of the proposed revisions to Policy 671 – Town Funding
of Outside Entities
Attachments
1. Revised Policy 671 – Town Funding of Outside Entities
Page 108
Document Title Policy 671 – Town Funding of Outside Agencies 02/25/2020
Revisions: 23 Town of Estes Park, Finance Page 1 of 5
Effective Period: Until superseded
Review Schedule: Triennially
Effective Date: 02/25/2020
References: Governing Policies Manual 3.12
FINANCE
671
Town Funding of Outside Entities
1.PURPOSE
To provide a process by which the Town of Estes Park allocates and distributes funding
to outside entities.
2.POLICY
The Town of Estes Park recognizes the important role that outside entities play in meeting
the needs of the residents of the Estes Valley. Accordingly, when adequate funds are
available, the Town may make financial contributions to these entities in accordance with
the procedure below.
3.PROCEDURE
a.Base Funding
i.Purpose
Base funding from the Town is intended to support the general operations and
overhead of nonprofit entities that play a critical role in supporting the Town’s
Strategic Plan.
ii. Eligibility
The following entities are eligible to apply for Base funding from the Town of Estes
Park:
1)Crossroads Ministry of Estes Park
2)Estes Park Economic Development Corporation
3)Estes Park Housing Authority
4)Estes Park Nonprofit Resource Center
5)Estes Valley Crisis Advocates
6)Estes Valley Investment in Childhood Success
7)Salud Family Health Centers (Estes Park)
ATTACHMENT 1
Page 109
Document Title Policy 671 – Town Funding of Outside Agencies 02/25/2020
Revisions: 23 Town of Estes Park, Finance Page 2 of 5
8) Via Mobility Services
9) Estes Valley Watershed Coalition
iii. Review of Eligible Entities
The Town Board will review the list of entities eligible to apply for Base funding at
every scheduled review of this policy. This review will also include opportunity for
public comment.
iv. Application
Eligible entities seeking Base funding from the Town shall submit a completed
“Base Funding Application” (Exhibit A) to the Assistant Town Administrator by July
1st of each calendar year for the next year’s budget (i.e. by 07/01/2017 for the 2018
budget year).
v. Process
Applications for Base funding will be processed as a departmental budget request
by Town staff and presented to the Town Board as such. The following information
will be presented by staff to the Town Board during the public budget hearings:
1) The Base funding request from each entity; and
2) The Base funding support recommended by the Town Administrator.
vi. Annual Report
Any entity receiving Base funding must submit an annual report to the Assistant
Town Administrator by May 30th of the year following the year in which funding was
received (i.e. May 30th, 2019 for funding received for the 2018 calendar year). This
report must be no more than 350 words and should be structured as a press
release on what programs and services the entity used the Town funding to
support.
b. Community Initiative Funding
i. Purpose
Community Initiative funding is intended to support specific projects and programs
that advance one or more Outcome Areas in the Town’s Strategic Plan.
ii. Eligibility
Any entity or group serving the Estes Valley is eligible to apply for Community
Initiative funding, except those groups receiving Base funding under Section 3.a
of this policy, other taxing districts, and organizations that exist for the purpose of
providing financial support and/or fundraising for other taxing districts. Base
funding recipients must ask for all desired funds through the Base funding process.
Page 110
Document Title Policy 671 – Town Funding of Outside Agencies 02/25/2020
Revisions: 23 Town of Estes Park, Finance Page 3 of 5
iii. Application
Eligible entities seeking Community Initiative funding shall submit a completed
“Community Initiative Funding Application” (Exhibit B) to the Executive Assistant
in Administration on or before August 31st of every year.
iv. Process
Applications for Community Initiative funding will be reviewed and ranked by each
Board member individually in advance of the annual public budget hearings.
Funding decisions will be made by the Board as a whole and will be adopted along
with the budget.
v. Criteria
The following criteria will be used in the evaluation of Community Initiative funding
applications:
1) Application Quality – is the application complete and does it adequately
describe the proposed project or program?
2) Strategic Plan Advancement – how well, or to what degree, does the
proposed project/program advance the Town’s Strategic Plan?
3) Initiative Reach – how many residents of the Estes Valley will benefit from
the proposed project or program?
vi. Project Report
Any recipient of Community Initiative funding must submit a project/program report
to the Assistant Town Administrator upon completion of the project/program that
received funding from the Community Initiative funding process. The report must
be no more than 350 words and should be structured as a press release that the
Town may use to tell the story of the project.
c. Event Sponsorship Funding
i. Purpose
Event Sponsorship funding is intended to demonstrate the Town’s support for
community events.
ii. Eligibility
Any nonprofit organization that is organizing a local event (serving the Estes
Valley) that is open to the public may request Event Sponsorship funding from the
Town.
iii. Application
Eligible entities seeking event sponsorship funding shall submit a completed
“Event Sponsorship Funding Application” (Exhibit C) to the Executive Assistant in
Administration.
Page 111
Document Title Policy 671 – Town Funding of Outside Agencies 02/25/2020
Revisions: 23 Town of Estes Park, Finance Page 4 of 5
iv. Process
All Event Sponsorship funding applications will be reviewed and awarded by the
Leadership Team. No sponsorship shall exceed $1,000 and an organization may
only receive one (1) sponsorship per calendar year (no in-kind funding requests
will be considered). A budget for event sponsorships will be adopted annually and
will be distributed on a first-come, first-served basis.
v. Criteria
The Leadership Team will evaluate Event Sponsorship funding applications using
the following criteria:
1) Vision Alignment – does the event align with the Town’s Vision?
2) Cost of Event Attendance – is the event free or affordable for the general
public?
3) Reach of Event – how many people does the event expect to attract?
4) Other Funding – have the organizers of the event received any other
funding?
vi. Exclusions
Promotional sponsorships funded by Trailblazer Broadband are excluded from
subsection (c), including the Event Sponsorship Funding criteria and processes.
d. Limitations on Off-Cycle Funding Requests
i. Definitions
For the purposes of this policy, an “Off-Cycle Funding Request” is any request for
financial support from an eligible outside entity that occurs outside of the
procedures established in Sections 3.a, 3.b, and 3.c of this policy.
ii. Purpose
The Town of Estes Park strives to consider all funding requests from eligible
outside agencies in a holistic manner in order to best prioritize these requests. To
this end, the Town does not accept or grant off-cycle funding requests with the
exception of those described in Section 3.d.iii.
iii. Exceptions
The Town will only consider off-cycle funding requests from entities that are eligible
for Community Initiative funding, and only in the following circumstances:
1) The Town is being asked to fund the final gap of a fundraising effort for a
time-sensitive project or program, and the Town’s contribution represents
twenty-five percent (25%) or less of the total amount fundraised; or
2) There is a time-limited opportunity to leverage a significant amount of
outside funding (at least a 1:1 match of the funding requested from the
Town).
Page 112
Document Title Policy 671 – Town Funding of Outside Agencies 02/25/2020
Revisions: 23 Town of Estes Park, Finance Page 5 of 5
iv. Application
Eligible entities seeking off-cycle funding must submit the following to the Town
Administrator:
1) A completed “Community Initiative Funding Application” (Exhibit B); and
2) A letter (no more than 500 words) explaining why the request qualifies under
one of the exceptions listed in Section 3.d.iii of this policy.
v. Process
If the off-cycle funding request application falls under one of the two exceptions
listed in Section 3.d.iii of this policy, the Town Administrator will schedule the
consideration of said request as an action item for a Town Board meeting.
Approved:
_____________________________
Todd JirsaWendy Koenig, Mayor
_____________
Date
Page 113
Page 114
Human Resources Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk/HR Director
Date: January 12, 2021
RE: 2021 Lineworker Payscale
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To consider adopting a modified 2021 Lineworker payscale that aligns with industry
standards to address ongoing recruitment and retention of Journey Lineworkers once
they have completed the approximately four-year apprentice program.
Present Situation:
As was noted during the study session discussion with the Board at their December 8,
2020 meeting, staff has seen a trend over the past decade of Apprentice Lineworkers
completing their training in Estes Park and then leaving once they have received their
Journey Lineworker credentials to other private entities such a Rural Electric Authorities
(REAs) and Excel Energy. This trend has also been experienced by the other PRPA
sister cities at a cost of approximately $90,000 per apprentice. The cost of losing a
Journey Lineworker has other additional costs related to safety, on-call rotations, and
the cost to complete development. It was further noted during the discussions that
Estes Park has advertised two (2) vacant Journey Lineworker positions during 2020 and
only filled one of the two vacancies. Additionally, the Town has received less than a
handful of applications with most candidates not meeting the qualifications.
The industry pay standard for a Journey Lineworker is to pay each Lineworker at the
same pay rate regardless of their years of experience because each has the same skill
set to complete the work. The Town’s current payscales for all positions, with the
exception of an Apprentice Lineworker who have a set pay rate for each apprentice step
completed, consist of a pay range which includes a minimum, midpoint and maximum.
The current Lineworker payscale contains a 15% pay range from the minimum of the
pay range to the maximum rather than the traditional 35%. It has been noted it takes
Page 115
approximately three (3) to four (4) years to move through this modified pay range if the
Town provides a 2% merit each year. This extended timeframe has been the source for
losing Journey Lineworkers during their first year because they can leave Estes Park
and make $6 to $9/hour more immediately after completing their apprenticeship.
Proposal:
Staff has worked with the Town’s compensation consultant to develop a revised
payscale that aligns with the Power Industry standards and the other PRPA
communities, which includes removing the pay range for the Journey Lineworker and
Lead Lineworker and create a standardized pay rate for each. The proposed pay rates
are competitive with the Town’s PRPA communities and slightly less than the private
entities. The proposed payscale would impact each Apprentice, Journey and Lead
Lineworker because the step program is based on a percentage of the Journey
Lineworker rate. The Crew Chief, renamed Crew Supervisor, would be moved to the
Management payscale and would continue to have a pay range.
Advantages:
• To improve the recruitment and retention of Journey Lineworker staff.
• Decrease the turnover costs to train new staff.
• Improve the Division’s productivity and safety of the crew.
Disadvantages:
• There will be a financial impact; however, the improved productivity will have long
term benefits in the quality and safety of the division’s operations.
Action Recommended:
Approval of the proposed Lineworker payscale for 2021 and adjustment to each
impacted employee’s pay rate.
Budget:
The Power and Communication personnel costs would increase by approximately
$70,000 and would require an adjustment to the 2021 budget.
Level of Public Interest:
Low
Sample Motion:
I approve/deny the modified Lineworker payscale for 2021 and future years.
Attachments:
1. 2021 Lineworker Payscale
Page 116
Lineworker Pay Scale - Revised Structure (Nov 2020)
Town Job Title Pay Grade Annual Hourly % of Journey Annual Hourly Increase $
Apprentice Lineworker LW 90 70,731$ $34.01 70%62,014$ $29.81 $4.19
Apprentice Lineworker LW 91 73,762$ $35.46 73%64,598$ $31.06 $4.41
Apprentice Lineworker LW 92 76,793$ $36.92 76%67,182$ $32.30 $4.62
Apprentice Lineworker LW 93 79,825$ $38.38 79%69,869$ $33.59 $4.79
Apprentice Lineworker LW 94 82,856$ $39.83 82%72,664$ $34.93 $4.90
Apprentice Lineworker LW 95 85,887$ $41.29 85%75,571$ $36.33 $4.96
Apprentice Lineworker LW 96 88,919$ $42.75 88%78,593$ $37.79 $4.96
Apprentice Lineworker LW 97 91,950$ $44.21 91%81,737$ $39.30 $4.91
Journey Lineworker <6 mo LW 98 95,992$ $46.15 95%
Journey Lineworker >6 mo LW 99 101,044$ $48.58 100%$0.95
Lead Lineworker LW 80 106,096$ $51.01 105%
Crew Supervisor*MGMT 5 86,449$ 105,900$ 125,351$
41.56$ 50.91$ 60.26$
Crew Superintendent MGMT 6 95,519$ 117,011$ 138,503$
*Bottom of range not applicable; place above Lead Lineworkers
Proposed Rate Current Rate
Range
Town of Estes Park
Effective January 2021
ATTACHMENT 1
Page 117
Page 118
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 ORDINANCE 02-21
TEMPORARILY EXTEND BUSINESS LICENSE RENEWAL DEADLINE TO JUNE 30,
2021 AND TO WAIVE CERTAIN LIQUOR LICENSE FEES UNTIL DECEMBER 8,
2021.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
Page 119
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 120
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: January 12, 2021
RE: Ordinance 02-21 Temporarily Extend Business License Renewal Deadline
to June 30, 2021 and to Waive Certain Liquor License Fees Until
December 8, 2021
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of an ordinance that would extend the business license
renewal deadline to June 30, 2021 and waive certain Town liquor license fees until
December 8, 2021.
Present Situation:
The impacts of COVID-19 and the measures enacted to slow its spread have put a
significant burden on Estes Park’s small businesses. While some businesses have been
only minimally impacted, others have struggled mightily due to shutdowns, capacity
restrictions, and the ever-changing regulatory environment made necessary by the
threat to public health posed by the Coronavirus.
To-date, in addition to other assistance provided to the community, the Town has
provided a significant amount of business support including:
•$300,000 in direct assistance to local small businesses distributed in partnership
with the Estes Chamber of Commerce (Chamber) and the Estes Park Economic
Development Corporation (EDC) early on in the pandemic.
•Establishment, facilitation, and significant staff support of the Accelerated
Recovery Team which morphed into the Estes Valley Resiliency Collaborative
(EVRC) in conjunction with community partners. The EVRC has, among other
accomplishments, put together the Safe and Strong Resiliency Plan and assisted
with the "Keep NoCo Open" campaign. A full list of EVRC initiatives can be found
at: www.estes.org/evrc.
•Creation and implementation of the "Embrace the Views" program for
businesses.
•Administration of the Winterizing Outdoor Spaces Program.
Page 121
•Application intake, processing, and award distribution for the State’s Small
Busines Relief Program in partnership with the Chamber and EDC.
As vaccines begin to be distributed and we embark on a new, more hopeful phase of
the pandemic, it is still readily apparent that additional business support is needed.
While the Town cannot provide complete relief for all of the economic hardships faced
by our small businesses during this pandemic, there are steps we can take to help in
these times where every dollar counts. Accordingly, staff will continue to bring forward
opportunities for the Town to support our small business community to the Town Board.
Ordinance 02-21 addresses two such opportunities.
Proposal:
If enacted, Ordinance 02-21 would do two things:
•Waive Town liquor license renewal fees for all license categories except “Retail
Liquor Store” and “Fermented Malt Off Premise” licenses to be in line with
Senate Bill 20B-001 which waived State renewal fees through December 7,
2021. The proposed ordinance would waive renewal fees for all liquor licenses
expiring December 8, 2020 through December 8, 2021.
•Temporarily extend the Town’s business license renewal deadline from January
31, 2021 to June 30, 2021 with the exception of Vacation Home and Bed and
Breakfast license renewals; and
Waive Town Liquor License Fees
A significant proportion of the businesses that have been hardest hit by the public
health measures enacted to slow the spread of COVID-19 hold liquor licenses.
Recognizing this, the State of Colorado chose to waive many of its State-
imposed liquor license fees from December 7, 2020 through December 7, 2021.
Staff is recommending that the Town follow the State’s lead and waive Town
liquor license renewal fees for all license categories except for “Retail Liquor
Store” and “Fermented Malt Off Premise” as businesses holding these types of
licenses have not had the same level of severe restrictions imposed on them as
holders of the other license types. Town liquor license renewal fees range from
$662 to $869 depending on the license category.
Temporary Business License Deadline Extension
Every dollar counts for our small businesses at this time. Though the cost of a
Town business license is only $50, staff recognizes that winter and early spring
are difficult cash flow months for many of our community’s small businesses in
even the best years. The intent of proposing an extension of the business license
deadline is to provide a modicum of relief for small businesses with a tight cash
flow before visitation picks up in May/June. This also extends the penalty of $200
for late renewals. This business license deadline extension would not apply to
Vacation Home and Bed and Breakfast license renewals.
Advantages:
•Provides financial relief for businesses that have been hit hard by COVID-19
restrictions.
Page 122
•Aligns the Town’s approach to liquor license renewal fees in 2021 with the State
of Colorado’s.
Disadvantages:
•Waiving liquor license fees will have a negative impact on General Fund revenue
and is not reflected in the current 2021 budget. Staff believes that the benefits to
small businesses are worth forgoing the anticipated revenue.
Action Recommended:
Staff recommends the Town Board approve Ordinance 02-21.
Finance/Resource Impact:
Waiving Town Liquor License Renewal Fees will result in a revenue decrease in the
General Fund of approximately $50,000.
The only financial impact from extending the business license deadline to June 30, 2021
will be a delay in the cash flow from this source. The Town has a strong cash and
investment reserve and staff does not anticipate any cash flow issues in 2021.
Level of Public Interest
Medium
Sample Motion:
I move to approve/deny Ordinance 02-21.
Attachments:
1.Ordinance 02-21
2.Link to Senate Bill 20B-001
Page 123
ORDINANCE NO. 02-21
AN ORDINANCE TO TEMPORARILY EXTEND THE RENEWAL DEADLINE FOR
CERTAIN BUSINESS LICENSES TO JUNE 30, 2021 AND TO WAIVE CERTAIN
LIQUOR LICENSE RENEWAL FEES THROUGH DECEMBER 8, 2021
WHEREAS, the impacts of COVID-19 and the measures enacted to slow its
spread have put a significant burden on Estes Park’s small businesses; and
WHEREAS, a significant proportion of the businesses that have been hardest hit
by these public health measures hold liquor licenses.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Business license deadline extension. For the year 2021 only, the
deadline of January 31 established in section 5.20.060(1) and (3) of the Estes Park
Municipal Code for renewal of a business license shall be extended to June 30; provided
however that this extension shall not apply to renewal applications for business licenses
for vacation homes or bed and breakfast inns as defined in chapter 5.20. For business
license renewals subject to this deadline extension, full payment of the applicable
business license fee is required on or before June 30, 2021, and payments received after
such date will be assessed a penalty of two hundred dollars ($200.00) in addition to the
licensing fee.
Section 2: Liquor license fee waiver. Fees to renew a license for malt, spirituous
or vinous liquor, established pursuant to section 5.30.010 of the Estes Park Municipal
Code, shall be waived for licenses due to expire beginning December 8, 2020 and
extending through December 8, 2021, except that this waiver shall not apply to retail liquor
store licenses issued under section 44-3-409, C.R.S., nor fermented malt beverage off
premises licenses issued under section 44-4-107(1)(a), C.R.S. The waived fees shall
automatically be reinstated for licenses due to expire on December 9, 2021 or thereafter.
Waived fees already paid shall be refunded.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2021.
ATTACHMENT 1
Page 124
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2021 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2021, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 125
SENATE BILL 20B-001
BY SENATOR(S) Winter and Priola, Bridges, Crowder, Danielson,
Donovan, Fields, Foote, Ginal, Gonzales, Hansen, Lee, Moreno, Petersen,
Rankin, Story, Tate, Todd, Williams A., Zenzinger, Garcia;
also REPRESENTATIVE(S) Herod and Sandridge, Arndt, Benavidez, Bird,
Buckner, Buentello, Caraveo, Coleman, Cutter, Duran, Esgar, Exum,
Froelich, Garnett, Gonzales-Gutierrez, Gray, Hooton, Jackson,
Jaquez Lewis, Kennedy, Kipp, Kraft-Tharp, Lontine, McCluskie,
McLachlan, Melton, Michaelson Jenet, Mullica, Roberts, Singer, Sirota,
Snyder, Sullivan, Tipper, Titone, Valdez A., Valdez D., Weissman,
Woodrow, Young.
CONCERNING SUPPORT FOR ENTITIES IMPACTED BY SEVERE CAPACITY
RESTRICTIONS DUE TO THE COVID-19 PANDEMIC, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Due to the COVID-19 pandemic and the ongoing public health
emergency that Colorado has been battling since March of 2020, many
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
small businesses in the state, including those that are subject to mandatory
capacity restrictions, have suffered severe declines in revenue during the
pandemic;
(b) Small, minority-owned, and women-owned businesses are
among those most impacted by the pandemic;
(c) Arts venues and artists have also been severely impacted by the
pandemic and associated public health restrictions;
(d) The closure of small businesses in the state also has a
devastating effect on employees of those businesses, will further strain the
state's unemployment insurance program, and will have other ripple effects
throughout the state; and
(e) As more counties in the state move to heightened restrictions on
business operations to help contain COVID-19 and to protect the health of
all Coloradans, it is imperative that the state provide relief to those small
businesses in the most severely restricted counties in order to stem the tide
of business closures, protect the state's economy and its communities, and
help small businesses continue their operations and retain their employees.
(2) The general assembly further declares that the executive branch
will continue to develop a framework to certify businesses that demonstrate
exemplary compliance with public health orders during the pandemic
through an evidence-based certification program that is aligned with the
state's objectives to contain the COVID-19 virus.
SECTION 2. In Colorado Revised Statutes, add 24-32-129 as
follows:
24-32-129. Small business relief program - address negative
effects of capacity limits due to COVID-19 pandemic - distribution
through local governments - definitions - report - repeal.
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "COVID-19" MEANS THE CORONAVIRUS DISEASE CAUSED BY THE
SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO KNOWN AS
SARS-CoV-2.
PAGE 2-SENATE BILL 20B-001
(b) "DIVISION" MEANS THE DIVISION OF LOCAL GOVERNMENT IN THE
DEPARTMENT OF LOCAL AFFAIRS.
(c) "ELIGIBLE COUNCIL OF GOVERNMENTS" MEANS A COUNCIL OF
GOVERNMENTS THAT INCLUDES AT LEAST ONE ELIGIBLE COUNTY OR, IF
APPLICABLE, AT LEAST ONE ELIGIBLE MUNICIPALITY.
(d) "ELIGIBLE COUNTY" MEANS A COUNTY OR CITY AND COUNTY
THAT IS:
(I) AS OF DECEMBER 31, 2020, UNDER SEVERE CAPACITY
RESTRICTIONS, AS DETERMINED THROUGH A STATEWIDE OR LOCAL PUBLIC
HEALTH ORDER THAT HAS BEEN IN EFFECT SINCE DECEMBER 10, 2020, OR
EARLIER AND THAT INCLUDES THE FOLLOWING RESTRICTIONS:
(A) THE CLOSURE OF RESTAURANTS FOR IN-PERSON, INDOOR DINING;
(B) THE CLOSURE OF BARS AND THE PROHIBITION OF INDOOR EVENTS;
AND
(C) A LIMIT OF THE LESSER OF TEN PERCENT CAPACITY OR TEN
PEOPLE PER ROOM OR POOL FOR GYMS, RECREATION CENTERS, AND INDOOR
POOLS; AND
(II) IN GOOD-FAITH COMPLIANCE WITH THE EXECUTIVE ORDERS
PERTAINING TO THE PUBLIC HEALTH EMERGENCY DUE TO COVID-19 AND
ALL APPLICABLE STATEWIDE AND LOCAL PUBLIC HEALTH ORDERS THAT
ESTABLISH SEVERE CAPACITY RESTRICTIONS, AS DETERMINED BY THE
DIVISION IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AS DEMONSTRATED BY:
(A) THE COUNTY'S GOOD-FAITH EFFORTS TO ENFORCE OR PROMOTE
COMPLIANCE WITH APPLICABLE EXECUTIVE AND PUBLIC HEALTH ORDERS
WITHIN THE SCOPE OF ITS AUTHORITY AND IN CONSIDERATION OF AVAILABLE
RESOURCES, INCLUDING ENGAGING LAW ENFORCEMENT TO ENFORCE
EXECUTIVE AND PUBLIC HEALTH ORDER VIOLATIONS; AND
(B) THE COUNTY NOT ADOPTING A PUBLIC HEALTH ORDER OR
ENFORCEMENT POLICY THAT IS LESS RESTRICTIVE THAN A STATEWIDE PUBLIC
HEALTH ORDER ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH AND
PAGE 3-SENATE BILL 20B-001
ENVIRONMENT, UNLESS THE COUNTY HAS OBTAINED A VARIANCE OR OTHER
EXEMPTION FROM THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.
(e) "ELIGIBLE ECONOMIC DEVELOPMENT DISTRICT" MEANS AN
ECONOMIC DEVELOPMENT DISTRICT DESIGNATED BY THE UNITED STATES
ECONOMIC DEVELOPMENT ADMINISTRATION THAT INCLUDES AT LEAST ONE
ELIGIBLE COUNTY OR, IF APPLICABLE, AT LEAST ONE ELIGIBLE MUNICIPALITY.
(f) "ELIGIBLE INDUSTRY CATEGORY" MEANS A:
(I) RESTAURANT, INCLUDING ANY LIQUOR LICENSED ESTABLISHMENT
HOLDING A HOTEL AND RESTAURANT LICENSE PURSUANT TO SECTION
44-3-413;
(II) BAR, INCLUDING A LIQUOR LICENSED ESTABLISHMENT HOLDING
ONE OR MORE OF THE FOLLOWING LICENSES:
(A) A LIMITED WINERY LICENSE UNDER SECTION 44-3-403;
(B) A BEER AND WINE LICENSE UNDER SECTION 44-3-411;
(C) A HOTEL AND RESTAURANT LICENSE UNDER SECTION 44-3-413;
(D) A TAVERN LICENSE UNDER SECTION 44-3-414;
(E) AN OPTIONAL PREMISES LICENSE UNDER SECTION 44-3-415;
(F) A RETAIL GAMING TAVERN LICENSE UNDER SECTION 44-3-416;
(G) A BREW PUB LICENSE UNDER SECTION 44-3-417;
(H) A CLUB LICENSE UNDER SECTION 44-3-418;
(I) AN ARTS LICENSE UNDER SECTION 44-3-419;
(J) A RACETRACK LICENSE UNDER SECTION 44-3-420;
(K) A VINTNER'S RESTAURANT LICENSE UNDER SECTION 44-3-422;
(L) A DISTILLERY PUB LICENSE UNDER SECTION 44-3-426;
PAGE 4-SENATE BILL 20B-001
(M) A LODGING AND ENTERTAINMENT LICENSE UNDER SECTION
44-3-428;
(N) A FERMENTED MALT BEVERAGE LICENSE UNDER SECTION
44-4-107 (1)(b); OR
(0) A FERMENTED MALT BEVERAGE LICENSE UNDER SECTION
44-4-107 (1)(c);
(III) BREWERY, LICENSED PURSUANT TO SECTION 44-3-407 (1)(b)(I)
AND THAT OPERATES AN ATTACHED SALES ROOM PURSUANT TO SECTION
44-3-407 (1)(b);
(IV) WINERY, LICENSED PURSUANT TO SECTION 44-3-402 (1) OR
44-3-403 AND THAT OPERATES AN ATTACHED SALES ROOM PURSUANT TO
SECTION 44-3-402 (2) OR 44-3-403 (2)(e);
(V) DISTILLERY, LICENSED PURSUANT TO SECTION 44-3-402(1) AND
THAT OPERATES AN ATTACHED SALES ROOM PURSUANT TO SECTION 44-3-402
(7);
(VI) CATERER;
(VII) MOVIE THEATER; OR
(VIII) FITNESS AND RECREATIONAL SPORTS CENTER.
(g) "ELIGIBLE LOCAL GOVERNMENT" MEANS AN ELIGIBLE COUNTY,
ELIGIBLE COUNCIL OF GOVERNMENTS, OR ELIGIBLE ECONOMIC DEVELOPMENT
DISTRICT; EXCEPT THAT, IF A COUNTY IS DETERMINED BY THE DIVISION TO BE
INELIGIBLE BASED ON THE COUNTY'S FAILURE TO MEET THE CRITERIA
SPECIFIED IN SUBSECTION (1)(d) OF THIS SECTION OR IF A COUNTY IS UNABLE
TO ADMINISTER THE RELIEF PROGRAM, ELIGIBLE MUNICIPALITIES WITHIN THE
COUNTY, EITHER ACTING SEPARATELY OR AS A GROUP, CONSTITUTE AN
ELIGIBLE LOCAL GOVERNMENT AND MAY PARTICIPATE IN THE RELIEF
PROGRAM.
(h) "ELIGIBLE MUNICIPALITY" MEANS A MUNICIPALITY THAT IS:
(I) AS OF DECEMBER 31, 2020, UNDER SEVERE CAPACITY
PAGE 5 -SENATE BILL 20B-001
RESTRICTIONS, AS DETERMINED THROUGH A STATEWIDE OR LOCAL PUBLIC
HEALTH ORDER THAT HAS BEEN IN EFFECT SINCE DECEMBER 10, 2020, OR
EARLIER AND THAT INCLUDES THE FOLLOWING RESTRICTIONS:
(A) THE CLOSURE OF RESTAURANTS FOR IN-PERSON, INDOOR DINING;
(B) THE CLOSURE OF BARS AND THE PROHIBITION OF INDOOR EVENTS;
AND
(C) A LIMIT OF THE LESSER OF TEN PERCENT CAPACITY OR TEN
PEOPLE PER ROOM OR POOL FOR GYMS, RECREATION CENTERS, AND INDOOR
POOLS; AND
(II) IN GOOD-FAITH COMPLIANCE WITH THE EXECUTIVE ORDERS
PERTAINING TO THE PUBLIC HEALTH EMERGENCY DUE TO COVID-19 AND
ALL APPLICABLE STATEWIDE AND LOCAL PUBLIC HEALTH ORDERS THAT
ESTABLISH SEVERE CAPACITY RESTRICTIONS, AS DETERMINED BY THE
DIVISION IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AS DEMONSTRATED BY:
(A) THE MUNICIPALITY'S GOOD-FAITH EFFORTS TO ENFORCE OR
PROMOTE COMPLIANCE WITH APPLICABLE EXECUTIVE AND PUBLIC HEALTH
ORDERS WITHIN THE SCOPE OF ITS AUTHORITY AND IN CONSIDERATION OF
AVAILABLE RESOURCES, INCLUDING ENGAGING LAW ENFORCEMENT TO
ENFORCE EXECUTIVE AND PUBLIC HEALTH ORDER VIOLATIONS; AND
(B) THE MUNICIPALITY NOT ADOPTING A PUBLIC HEALTH ORDER OR
ENFORCEMENT POLICY THAT IS LESS RESTRICTIVE THAN A STATEWIDE PUBLIC
HEALTH ORDER ADOPTED BY THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, UNLESS THE MUNICIPALITY HAS OBTAINED A VARIANCE OR
OTHER EXEMPTION FROM THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT.
(0 "ELIGIBLE SMALL BUSINESS" MEANS A SMALL BUSINESS THAT:
(I) IS LOCATED IN AN ELIGIBLE COUNTY OR, IF APPLICABLE, AN
ELIGIBLE MUNICIPALITY, AS OF THE TIME OF APPLICATION FOR RELIEF;
(II) IS CURRENTLY OPERATING IN THE STATE, AS EVIDENCED BY:
PAGE 6-SENATE BILL 20B-001
(A) VERIFICATION OF THE SMALL BUSINESS'S COLORADO INCOME
TAX ACCOUNT NUMBER OR, FOR A SMALL BUSINESS THAT IS EXEMPT FROM
FILING A COLORADO INCOME TAX RETURN, THE COLORADO TAX EXEMPT
CERTIFICATE NUMBER; AND
(B) THE SMALL BUSINESS'S RECEIPT FROM ITS MOST RECENT
PAYMENT OF UNEMPLOYMENT INSURANCE PAYROLL TAXES;
(III) IS ENGAGED IN AN ELIGIBLE INDUSTRY CATEGORY, AS VERIFIED
BY ITS NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)
CODE;
(IV) DEMONSTRATES ITS INTENT TO CONTINUE OPERATING IN THE
STATE FOR AT LEAST SIX MONTHS;
(V) PROVIDES EVIDENCE OF AT LEAST TWENTY PERCENT REVENUE
LOSS SINCE MARCH 26, 2020, DUE TO THE RESTRICTIONS IMPOSED ON THE
BUSINESS UNDER THE GOVERNOR'S EXECUTIVE ORDER D 2020 017,
ORDERING COLORADANS TO STAY AT HOME, AND THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT'S AMENDED PUBLIC HEALTH ORDER
20-24 IMPLEMENTING STAY-AT-HOME REQUIREMENTS; EXCEPT THAT THIS
SUBSECTION (1)(i)(V) DOES NOT APPLY TO A SMALL BUSINESS THAT BEGAN
OPERATING ON OR AFTER JANUARY 1, 2020, AND ON OR BEFORE MARCH 26,
2020;
(VI) HAS A VALID BUSINESS LICENSE AND IS IN GOOD STANDING WITH
THE AGENCY THAT ISSUED THE BUSINESS LICENSE; AND
(VII) CERTIFIES TO THE ELIGIBLE LOCAL GOVERNMENT TO WHICH
THE SMALL BUSINESS APPLIES FOR A RELIEF PAYMENT UNDER THE RELIEF
PROGRAM THAT THE SMALL BUSINESS:
(A) HAS NOT APPLIED FOR NOR RECEIVED ANY OTHER RELIEF
PAYMENTS FROM THE ARTS RELIEF PROGRAM CREATED IN SECTION
24-48.5-316, ENACTED BY SENATE BILL 20B-001, ENACTED IN THE FIRST
EXTRAORDINARY SESSION OF THE SEVENTY-SECOND GENERAL ASSEMBLY;
AND
(B) IS IN COMPLIANCE WITH THE EXECUTIVE ORDERS PERTAINING TO
THE PUBLIC HEALTH EMERGENCY DUE TO COVID-19 AND ALL APPLICABLE
PAGE 7-SENATE BILL 20B-001
STATEWIDE AND LOCAL PUBLIC HEALTH ORDERS, INCLUDING CAPACITY
RESTRICTIONS.
(j) "SMALL BUSINESS" MEANS A CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER BUSINESS ENTITY
THAT:
(I) HAS ITS HEADQUARTERS LOCATED IN AND IS DOING BUSINESS IN
COLORADO;
(II) HAS AT LEAST ONE FULL-TIME EMPLOYEE; EXCEPT THAT THE
REQUIREMENT TO HAVE ONE EMPLOYEE DOES NOT APPLY TO A SMALL
BUSINESS THAT IS A SOLE PROPRIETORSHIP; AND
(III) (A) FOR A SMALL BUSINESS THAT WAS OPERATING BEFORE
JANUARY 1, 2020, HAD ANNUAL RECEIPTS OF LESS THAN TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS FOR THE 2019 CALENDAR YEAR; AND
(B) FOR A SMALL BUSINESS THAT BEGAN OPERATING ON OR AFTER
JANUARY 1, 2020, AND ON OR BEFORE MARCH 26, 2020, HAD ANNUAL
RECEIPTS OF LESS THAN TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
IN THE 2020 CALENDAR YEAR.
(k) "SMALL BUSINESS RELIEF PROGRAM" OR "RELIEF PROGRAM"
MEANS THE SMALL BUSINESS RELIEF PROGRAM CREATED IN SUBSECTION (2)
OF THIS SECTION.
(2) Small business relief program. (a) (I) (A) THERE IS CREATED
IN THE DIVISION THE SMALL BUSINESS RELIEF PROGRAM TO ALLOCATE
MONEY TO ELIGIBLE LOCAL GOVERNMENTS TO PROVIDE RELIEF PAYMENTS
TO ELIGIBLE SMALL BUSINESSES OPERATING WITHIN THE GEOGRAPHICAL
BOUNDARIES OF THOSE ELIGIBLE LOCAL GOVERNMENTS. THE DIVISION SHALL
DEVELOP A PROCESS FOR ELIGIBLE LOCAL GOVERNMENTS TO APPLY FOR AN
ALLOCATION OF AVAILABLE MONEY TO PROVIDE RELIEF PAYMENTS TO
ELIGIBLE SMALL BUSINESSES OPERATING WITHIN THEIR BOUNDARIES.
(B) AN ELIGIBLE LOCAL GOVERNMENT THAT CHOOSES TO APPLY TO
PARTICIPATE IN THE RELIEF PROGRAM MUST SUBMIT AN APPLICATION TO THE
DIVISION BY JANUARY 8, 2021, AND BY JANUARY 15, 202 1 ,THE DIVISION
SHALL ALLOCATE THE MONEY APPROPRIATED PURSUANT TO SUBSECTION (3)
PAGE 8-SENATE BILL 20B-001
OF THIS SECTION TO ELIGIBLE LOCAL GOVERNMENTS. EXCEPT AS PROVIDED
IN SUBSECTIONS (2)(a)(II) AND (2)(a)(III) OF THIS SECTION, THE DIVISION
SHALL ALLOCATE MONEY TO ELIGIBLE LOCAL GOVERNMENTS BASED ON THE
POPULATION OF THE ELIGIBLE LOCAL GOVERNMENTS, AS DETERMINED
PURSUANT TO THE MOST RECENTLY PUBLISHED POPULATION ESTIMATES
FROM THE STATE DEMOGRAPHER APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF LOCAL AFFAIRS.
(II) FOR PURPOSES OF THE ALLOCATION TO AN ELIGIBLE LOCAL
GOVERNMENT THAT IS AN ELIGIBLE MUNICIPALITY, THE DIVISION SHALL
ALLOCATE THE MONEY TO THE ELIGIBLE MUNICIPALITY BASED ON THE
PROPORTION OF THE POPULATION OF THE COUNTY IN WHICH THE ELIGIBLE
MUNICIPALITY IS LOCATED THAT IS ATTRIBUTABLE TO THE ELIGIBLE
MUNICIPALITY.
(III) THE DIVISION SHALL SET ASIDE TEN PERCENT OF THE TOTAL
AMOUNT APPROPRIATED PURSUANT TO SUBSECTION (3) OF THIS SECTION TO
DISTRIBUTE ADDITIONAL AMOUNTS TO ELIGIBLE COUNTIES THAT:
(A) DEMONSTRATE HIGH NEEDS, AS DETERMINED BY THE DIVISION;
AND
(B) HAVE A POPULATION OF NOT MORE THAN ONE HUNDRED
THOUSAND PEOPLE.
(b) (I) THE DIVISION MAY ALLOCATE UP TO THE AMOUNT
APPROPRIATED TO THE DIVISION PURSUANT TO SUBSECTION (3) OF THIS
SECTION TO ELIGIBLE LOCAL GOVERNMENTS IN THE STATE UNDER THE RELIEF
PROGRAM; EXCEPT THAT THE DIVISION MAY USE UP TO FIVE PERCENT OF THE
APPROPRIATED AMOUNT FOR THE DIVISION'S AND ELIGIBLE LOCAL
GOVERNMENTS' ADMINISTRATIVE COSTS IN OPERATING AND ADMINISTERING
THE RELIEF PROGRAM.
(II) ELIGIBLE SMALL BUSINESSES MAY RECEIVE RELIEF PAYMENTS AS
FOLLOWS, REDUCED AS NECESSARY BY THE ELIGIBLE LOCAL GOVERNMENT
TO AVOID EXCEEDING THE TOTAL AMOUNT ALLOCATED TO THE ELIGIBLE
LOCAL GOVERNMENT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION:
(A) FOR AN ELIGIBLE SMALL BUSINESS THAT HAD LESS THAN FIVE
HUNDRED THOUSAND DOLLARS IN RECEIPTS IN THE 2019 CALENDAR YEAR,
PAGE 9-SENATE BILL 20B-001
A RELIEF PAYMENT OF UP TO THREE THOUSAND FIVE HUNDRED DOLLARS;
(B) FOR AN ELIGIBLE SMALL BUSINESS THAT HAD FIVE HUNDRED
THOUSAND DOLLARS OR MORE BUT NOT MORE THAN ONE MILLION DOLLARS
IN RECEIPTS IN THE 2019 CALENDAR YEAR, A RELIEF PAYMENT OF UP TO FIVE
THOUSAND DOLLARS; AND
(C) FOR AN ELIGIBLE SMALL BUSINESS THAT HAD ONE MILLION
DOLLARS OR MORE BUT NOT MORE THAN TWO MILLION FIVE HUNDRED
THOUSAND DOLLARS IN RECEIPTS IN THE 2019 CALENDAR YEAR, A RELIEF
PAYMENT OF UP TO SEVEN THOUSAND DOLLARS.
(c) (I) EACH ELIGIBLE LOCAL GOVERNMENT SHALL ESTABLISH A
PROCESS FOR SMALL BUSINESSES TO APPLY FOR AND DEMONSTRATE
ELIGIBILITY FOR RELIEF PAYMENTS AND THE AMOUNT FOR WHICH A SMALL
BUSINESS IS ELIGIBLE UNDER THE RELIEF PROGRAM. AN ELIGIBLE LOCAL
GOVERNMENT MAY USE ANY NEW OR EXISTING PROCESSES AVAILABLE IN THE
LOCAL GOVERNMENT, INCLUDING PROCESSES AVAILABLE THROUGH
INTERGOVERNMENTAL AGREEMENTS WITH OTHER ELIGIBLE LOCAL
GOVERNMENTS OR POLITICAL SUBDIVISIONS AND CONTRACTS WITH PUBLIC
OR PRIVATE ENTITIES, TO ENABLE THE ELIGIBLE LOCAL GOVERNMENT TO:
(A) PROVIDE THE RELIEF PAYMENTS TO ELIGIBLE SMALL BUSINESSES
IN THE LEAST COSTLY AND MOST EXPEDITIOUS AND EFFICIENT MANNER; AND
(B) ENCOURAGE AND FACILITATE THE EQUITABLE DISTRIBUTION OF
RELIEF PAYMENTS TO ELIGIBLE SMALL BUSINESSES WITHIN THE
MUNICIPALITIES AND POLITICAL SUBDIVISIONS LOCATED WITHIN THE
GEOGRAPHICAL BOUNDARIES OF THE ELIGIBLE LOCAL GOVERNMENT.
(II) EACH ELIGIBLE LOCAL GOVERNMENT THAT RECEIVES AN
ALLOCATION FROM THE DIVISION PURSUANT TO THE RELIEF PROGRAM SHALL:
(A) ALLOW SMALL BUSINESSES LOCATED WITHIN THE GEOGRAPHICAL
BOUNDARIES OF THE ELIGIBLE LOCAL GOVERNMENT A SPECIFIED PERIOD OF
NOT LESS THAN TWENTY-ONE DAYS DURING WHICH TO APPLY FOR RELIEF
PAYMENTS;
(B) NOT DISTRIBUTE RELIEF PAYMENTS BASED ON THE ORDER IN
WHICH APPLICATIONS ARE SUBMITTED OR RECEIVED; AND
PAGE 10-SENATE BILL 20B-001
(C) COLLECT SUFFICIENT INFORMATION FROM SMALL BUSINESS
APPLICANTS TO ENABLE THE ELIGIBLE LOCAL GOVERNMENT TO ISSUE AN
INTERNAL REVENUE SERVICE FORM 1099 TO AN ELIGIBLE SMALL BUSINESS
THAT RECEIVES A RELIEF PAYMENT PURSUANT TO THIS SECTION.
(III) ELIGIBLE LOCAL GOVERNMENTS THAT APPLY TO PARTICIPATE
IN THE RELIEF PROGRAM MUST COMMUNICATE INFORMATION ABOUT THE
RELIEF PROGRAM IN A MANNER THAT INFORMS SMALL BUSINESSES LOCATED
WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE ELIGIBLE LOCAL
GOVERNMENT ABOUT THE RELIEF PROGRAM AND HOW AND WHEN TO APPLY
FOR RELIEF PAYMENTS.
(IV) ELIGIBLE LOCAL GOVERNMENTS SHALL DETERMINE THE RELIEF
PAYMENT AMOUNT FOR EACH ELIGIBLE SMALL BUSINESS WITHIN THE
GEOGRAPHICAL BOUNDARIES OF THE ELIGIBLE LOCAL GOVERNMENT BASED
ON THE PAYMENT AMOUNTS SPECIFIED IN SUBSECTION (2)(b)(II) OF THIS
SECTION, REDUCED AS NECESSARY BASED ON THE TOTAL AMOUNT
ALLOCATED TO THE ELIGIBLE LOCAL GOVERNMENT PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION, AND SHALL MAKE THE DISTRIBUTION OF
RELIEF PAYMENTS AS SOON AS PRACTICABLE AFTER RECEIVING THE MONEY
FROM THE DIVISION, BUT NO LATER THAN FEBRUARY 12, 2021. AN ELIGIBLE
LOCAL GOVERNMENT SHALL PROVIDE AN INTERNAL REVENUE SERVICE FORM
1099 TO EACH ELIGIBLE SMALL BUSINESS TO WHICH IT DISTRIBUTES A RELIEF
PAYMENT PURSUANT TO THIS SECTION.
(V) IF, AFTER DISTRIBUTING RELIEF PAYMENTS TO ALL ELIGIBLE
SMALL BUSINESSES IN THE ELIGIBLE LOCAL GOVERNMENT, THE ELIGIBLE
LOCAL GOVERNMENT HAS MONEY REMAINING FROM ITS ALLOCATION FROM
THE DIVISION, THE ELIGIBLE LOCAL GOVERNMENT MAY ACCEPT
APPLICATIONS FROM AND DISTRIBUTE THE REMAINING MONEY TO OTHER
BUSINESSES IN THE ELIGIBLE LOCAL GOVERNMENT THAT MEET ALL THE
REQUIREMENTS SPECIFIED IN SUBSECTIONS (1)(i) AND (1)(j) OF THIS SECTION
EXCEPT SUBSECTION (1)(j)(III) OF THIS SECTION. THE ELIGIBLE LOCAL
GOVERNMENT SHALL NOT DISTRIBUTE MORE THAN SEVEN THOUSAND
DOLLARS TO ANY BUSINESS THAT IS ELIGIBLE FOR A RELIEF PAYMENT
PURSUANT TO THIS SUBSECTION (2)(c)(V).
(VI) IF AN ELIGIBLE MUNICIPALITY RECEIVES AN ALLOCATION FROM
THE DIVISION PURSUANT TO THIS SECTION AND, AFTER DISTRIBUTING RELIEF
PAYMENTS TO ALL ELIGIBLE SMALL BUSINESSES LOCATED WITHIN THE
PAGE 11-SENATE BILL 20B-001
GEOGRAPHICAL BOUNDARIES OF THE ELIGIBLE MUNICIPALITY, HAS MONEY
REMAINING FROM ITS ALLOCATION FROM THE DIVISION, THE ELIGIBLE
MUNICIPALITY MAY ACCEPT APPLICATIONS FROM AND DISTRIBUTE RELIEF
PAYMENTS TO ELIGIBLE SMALL BUSINESSES LOCATED:
(A) IN AN UNINCORPORATED AREA OF THE COUNTY IN WHICH THE
ELIGIBLE MUNICIPALITY IS LOCATED; AND
(B) WITHIN A ONE-MILE RADIUS OF THE GEOGRAPHICAL BOUNDARIES
OF THE ELIGIBLE MUNICIPALITY.
(d) THE DIVISION MAY DEVELOP POLICIES AND PROCEDURES
NECESSARY FOR THE OPERATION OF THE RELIEF PROGRAM, INCLUDING:
(I) THE APPLICATION AND INFORMATION SUBMITTAL PROCESS; AND
(II) A REQUIREMENT THAT EACH ELIGIBLE LOCAL GOVERNMENT
THAT RECEIVES AN ALLOCATION PROVIDE A REPORT TO THE DIVISION
DESCRIBING HOW THE MONEY WAS DISTRIBUTED TO ELIGIBLE SMALL
BUSINESSES AND HOW MUCH OF THE ALLOCATION THE ELIGIBLE LOCAL
GOVERNMENT USED FOR ADMINISTRATIVE COSTS, DETAILING HOW THE
MONEY FOR ADMINISTRATIVE COSTS WAS SPENT.
(e) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
AN ELIGIBLE SMALL BUSINESS THAT RECEIVES A RELIEF PAYMENT PURSUANT
TO THE RELIEF PROGRAM:
(I) IS NOT ELIGIBLE FOR ANY OTHER RELIEF PAYMENTS FROM THE
ARTS RELIEF PROGRAM CREATED IN SECTION 24-48.5-316, ENACTED BY
SENATE BILL 20B-001, ENACTED IN THE FIRST EXTRAORDINARY SESSION OF
THE SEVENTY-SECOND GENERAL ASSEMBLY; AND
(II) IS REQUIRED TO RETURN ANY RELIEF PAYMENT RECEIVED
PURSUANT TO THE RELIEF PROGRAM IF THE ELIGIBLE SMALL BUSINESS IS
FOUND TO BE OUT OF COMPLIANCE WITH ANY ELIGIBILITY CRITERIA
SPECIFIED IN SUBSECTION (1)(i) OF THIS SECTION.
(3) Funding. FOR THE 2020-21 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE THIRTY-SEVEN MILLION DOLLARS FROM THE
GENERAL FUND TO THE DEPARTMENT OF LOCAL AFFAIRS FOR USE BY THE
PAGE 12-SENATE BILL 20B-001
DIVISION IN ACCORDANCE WITH THIS SECTION.
(4) Report. (a) AS PART OF ITS REPORT PURSUANT TO THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT" BEFORE THE 2022 LEGISLATIVE SESSION, THE
DIVISION SHALL SUBMIT A REPORT TO THE LOCAL GOVERNMENT COMMITTEE
OF THE SENATE OR ITS SUCCESSOR COMMITTEE AND THE TRANSPORTATION
AND LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES
OR ITS SUCCESSOR COMMITTEE, DETAILING HOW RELIEF PROGRAM MONEY
WAS ALLOCATED, INCLUDING:
(I) THE LIST OF ELIGIBLE LOCAL GOVERNMENTS THAT RECEIVED AN
ALLOCATION UNDER THE PROGRAM;
(II) THE AMOUNT EACH ELIGIBLE LOCAL GOVERNMENT RECEIVED,
DETAILING HOW MUCH OF EACH ALLOCATION TO EACH ELIGIBLE LOCAL
GOVERNMENT WAS:
(A) DISTRIBUTED BY THE ELIGIBLE LOCAL GOVERNMENT TO ELIGIBLE
SMALL BUSINESSES; AND
(B) SPENT BY THE ELIGIBLE LOCAL GOVERNMENT FOR
ADMINISTRATIVE COSTS, SPECIFYING THE PURPOSES FOR WHICH THE MONEY
WAS SPENT;
(III) INFORMATION ABOUT THE ELIGIBLE SMALL BUSINESSES THAT
RECEIVED RELIEF PAYMENTS AND THE AMOUNT OF THE PAYMENTS; AND
(IV) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
(b) THE DIVISION SHALL ALSO SUBMIT THE REPORT TO THE
GOVERNOR.
(5) Repeal. THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
2022.
SECTION 3. In Colorado Revised Statutes, 39-21-113, add (28) as
follows:
39-21-113. Reports and returns - rule. (28) NOTWITHSTANDING
PAGE 13-SENATE BILL 20B-001
ANY OTHER PROVISION OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE SHALL PROVIDE THE DIVISION OF LOCAL
GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS, OR ANY ELIGIBLE
LOCAL GOVERNMENT, AS DEFINED IN SECTION 24-32-129 (1)(g), WITH ANY
INFORMATION OBTAINED PURSUANT TO THIS SECTION THAT IS NECESSARY TO
VERIFY THE ELIGIBILITY OF A SMALL BUSINESS FOR A RELIEF PAYMENT
PURSUANT TO SECTION 24-32-129. ANY INFORMATION PROVIDED TO THE
DIVISION OR TO AN ELIGIBLE LOCAL GOVERNMENT PURSUANT TO THIS
SUBSECTION (28) REMAINS CONFIDENTIAL, AND ANY EMPLOYEE OF THE
DIVISION OR AN ELIGIBLE LOCAL GOVERNMENT SHALL BE SUBJECT TO THE
LIMITATIONS SET FORTH IN SUBSECTION (4) OF THIS SECTION AND THE
PENALTIES CONTAINED IN SUBSECTION (6) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 24-48.5-301, amend
(2)(a)(IV), (2)(a)(V), (2)(b) introductory portion, (2)(b)(III), and (2)(b)(IV);
and add (2)(a)(VI) and (2)(b)(V) as follows:
24-48.5-301. Creative industries division - creative industries
cash fund - creation - definition - repeal. (2) (a) There is hereby created
in the state treasury the creative industries cash fund, referred to in this
section as the "fund". The fund consists of:
(IV) Moneys MONEY appropriated to the fund by the general
assembly, including, but not limited to, moneys MONEY appropriated for the
purpose of providing need-based funding for infrastructure development
within creative districts as authorized by section 24-48.5-314 (5)(b); ?rrrd
(V) Any gifts, grants, or donations from private or public sources
that the division is hereby authorized to seek and accept; AND
(VI) (A) SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
APPROPRIATED BY THE GENERAL ASSEMBLY TO THE FUND FOR THE ARTS
RELIEF PROGRAM ESTABLISHED PURSUANT TO SECTION 24-48.5-316.
(B) THIS SUBSECTION (2)(a)(VI) IS REPEALED, EFFECTIVE DECEMBER
31, 2022.
(b) The moneys MONEY in the fund shall be annually appropriated
to the division for the operation of the division, and for the following:
PAGE 14-SENATE BILL 20B-001
(III) For the purchase of works of art pursuant to the art in public
places program, taking into consideration the artist's preliminary site visit,
the design fee, the total costs of construction and installation of the work of
art, jury expenses, and program administration in compliance with the
provisions of section 24-48.5-312 (6); and
(IV) For need-based funding for infrastructure development in
creative districts as authorized by section 24-48.5-314 (5)(b), to the extent
that the general assembly appropriates moneys MONEY to the fund for that
purpose; AND
(V) (A) WITH REGARD TO THE AMOUNT APPROPRIATED TO THE FUND
PURSUANT TO SUBSECTION (2)(a)(VI) OF THIS SECTION, FOR THE ARTS RELIEF
PROGRAM ESTABLISHED PURSUANT TO SECTION 24-48.5-316.
(B) THIS SUBSECTION (2)(b)(V) IS REPEALED, EFFECTIVE DECEMBER
31, 2022.
SECTION 5. In Colorado Revised Statutes, add 24-48.5-316 as
follows:
24-48.5-316. COVID-19 relief program for arts, cultural, and
entertainment artists, crew members, and organizations - definitions -
report - repeal. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "ARTS, CULTURE, AND ENTERTAINMENT ARTIST OR CREW
MEMBER" MEANS AN INDIVIDUAL INVOLVED IN THE MUSIC, THEATER,
MOTION PICTURE, TELEVISION, DANCE, OR VISUAL ARTS INDUSTRY.
(b) "ARTS, CULTURE, AND ENTERTAINMENT ORGANIZATION" MEANS
A NONPROFIT OR FOR-PROFIT ORGANIZATION INVOLVED IN THE MUSIC,
THEATER, MOTION PICTURE, TELEVISION, DANCE, OR VISUAL ARTS INDUSTRY.
(c) "COVID-19" MEANS THE CORONAVIRUS DISEASE CAUSED BY THE
SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO KNOWN AS
SARS-CoV-2.
(2) Arts relief program. (a) (I) THE DIVISION SHALL ADMINISTER
OR CONTRACT WITH A THIRD PARTY TO ADMINISTER AN ARTS RELIEF
PAGE 15-SENATE BILL 20B-001
PROGRAM TO PROVIDE RELIEF PAYMENTS TO ARTS, CULTURE, AND
ENTERTAINMENT ARTISTS, CREW MEMBERS, AND ORGANIZATIONS THAT MEET
ELIGIBILITY CRITERIA DEVELOPED BY THE DIVISION. WHEN DETERMINING
ELIGIBILITY FOR AND THE SIZE OF AN ARTS RELIEF PAYMENT, THE DIVISION
SHALL:
(A) CONSIDER THE TYPE OF ARTS, CULTURE, AND ENTERTAINMENT
ARTIST, CREW MEMBER, OR ORGANIZATION THAT IS APPLYING FOR AN ARTS
RELIEF PAYMENT, THE IMPACT OF THE COVID-19 PANDEMIC ON THE
ARTIST'S, CREW MEMBER'S, OR ORGANIZATION'S BUSINESS MODEL, IF
APPLICABLE, THE SIZE OF THE ORGANIZATION, IF THE APPLICANT IS AN
ORGANIZATION, AND THE AVAILABILITY OF AND THE ARTIST'S, CREW
MEMBER'S, OR ORGANIZATION'S ACCESS TO OTHER RELIEF OR GRANT
FUNDING; AND
(B) PRIORITIZE ARTS, CULTURE, AND ENTERTAINMENT
ORGANIZATIONS WHOSE VENUES ARE DETERMINED TO BE AT THE HIGHEST
RISK OF PERMANENT CLOSURE.
(II) THE DIVISION SHALL NOT DISTRIBUTE RELIEF PAYMENTS BASED
ON THE ORDER IN WHICH APPLICATIONS ARE SUBMITTED OR RECEIVED.
(III) THE DIVISION SHALL COLLECT SUFFICIENT INFORMATION FROM
APPLICANTS TO ENABLE THE DIVISION TO ISSUE AN INTERNAL REVENUE
SERVICE FORM 1099 TO AN APPLICANT THAT RECEIVES A RELIEF PAYMENT
PURSUANT TO THIS SECTION. WHEN ISSUING A RELIEF PAYMENT TO AN
APPLICANT, THE DIVISION SHALL PROVIDE THE INTERNAL REVENUE SERVICE
FORM 1099 TO THE APPLICANT.
(b) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
AN ARTS, CULTURE, AND ENTERTAINMENT ARTIST, CREW MEMBER, OR
ORGANIZATION THAT RECEIVES AN ARTS RELIEF PAYMENT PURSUANT TO THIS
SECTION IS NOT ELIGIBLE FOR ANY OTHER RELIEF PAYMENTS FROM THE
SMALL BUSINESS RELIEF PROGRAM CREATED IN SECTION 24-32-129,
ENACTED BY SENATEBILL20B-001, ENACTED IN THE FIRST EXTRAORDINARY
SESSION OF THE SEVENTY-SECOND GENERAL ASSEMBLY. AN ORGANIZATION
THAT APPLIES FOR AN ARTS RELIEF PAYMENT PURSUANT TO THIS SECTION
SHALL CERTIFY THAT THE ORGANIZATION NEITHER APPLIED FOR NOR
RECEIVED ANY OTHER RELIEF PAYMENTS FROM THE SMALL BUSINESS RELIEF
PROGRAM CREATED IN SECTION 24-32-129, ENACTED BY SENATE BILL
PAGE 16-SENATE BILL 20B-001
20B-001, ENACTED IN THE FIRST EXTRAORDINARY SESSION OF THE
SEVENTY-SECOND GENERAL ASSEMBLY.
(3) Funding. FOR THE 2020-21 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS FROM THE GENERAL FUND TO THE CREATIVE INDUSTRIES CASH
FUND CREATED IN SECTION 24-48.5-301 (2) FOR THE ARTS RELIEF PROGRAM.
THE DIVISION MAY USE UP TO FIVE PERCENT OF THE AMOUNT APPROPRIATED
PURSUANT TO THIS SECTION FOR ITS ADMINISTRATIVE COSTS IN
ADMINISTERING OR CONTRACTING WITH A THIRD PARTY TO ADMINISTER THE
ARTS RELIEF PROGRAM.
(4) Report. BY NOVEMBER 1, 2021, THE DIVISION SHALL SUBMIT A
REPORT TO THE GOVERNOR, THE BUSINESS, LABOR, AND TECHNOLOGY
COMMITTEE OF THE SENATE OR ITS SUCCESSOR COMMITTEE, AND THE
BUSINESS AFFAIRS AND LABOR COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR ITS SUCCESSOR COMMITTEE DETAILING HOW THE
MONEY WAS ALLOCATED THROUGH THE ARTS RELIEF PROGRAM, INCLUDING:
(a) THE LIST OF ARTS RELIEF PAYMENT RECIPIENTS AND THE AMOUNT
ALLOCATED TO EACH RECIPIENT;
(b) THE TYPES OF ARTS, CULTURE, AND ENTERTAINMENT ARTISTS,
CREW MEMBERS, AND ORGANIZATIONS THAT RECEIVED ARTS RELIEF
PAYMENTS; AND
(c) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
(5) Repeal. THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
2022.
SECTION 6. In Colorado Revised Statutes, 25-4-1607, amend (10)
as follows:
25-4-1607. Fees - repeal. (10) (a) County or district boards of
health created in part 5 of article 1 of this title TITLE 25 shall collect fees
under this section if the county or district boards of health are authorized by
the department to enforce this part 16 and any rules promulgated pursuant
to this part 16.
PAGE 17-SENATE BILL 20B-001
(b) (I) NOTWITHSTANDING SUBSECTION (10)(a) OF THIS SECTION,
STARTING JANUARY 1, 2020, THROUGH DECEMBER 31, 2021, COUNTY OR
DISTRICT BOARDS OF HEALTH AND THE CITY AND COUNTY OF DENVER MAY
CONTRACT WITH THE DEPARTMENT TO RECEIVE MONEY FROM THE STATE IN
LIEU OF CHARGING ESTABLISHMENTS AN ANNUAL LICENSING FEE.
(II) THIS SUBSECTION (10)(b) IS REPEALED, EFFECTIVE DECEMBER
31, 2022.
SECTION 7. In Colorado Revised Statutes, 44-3-501, add (6) as
follows:
44-3-501. State fees - rules - one-time fee waiver - repeal.
(6) (a) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, THE FOLLOWING FEES IMPOSED PURSUANT TO THIS SECTION ARE
WAIVED FOR TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS
SUBSECTION (6):
(I) LICENSE FEES IMPOSED PURSUANT TO SUBSECTIONS (1)(a)(IV),
(1)(g), (1)(h), (1)(i), (1)(j), (1)(k), (1)(1), (1)(m), (1)(n), (1)(o), (1)(p), (1)(q),
AND (1)(v) OF THIS SECTION AND PURSUANT TO SECTION 44-4-105;
(II) APPLICATION FEES IMPOSED PURSUANT TO SUBSECTION (3)(a)(I),
(3)(a)(XII), AND (3)(a)(XIII) OF THIS SECTION AND PURSUANT TO
REGULATION 47-302 (F), 1 CCR 203-2; AND
(III) ALL FEES ASSOCIATED WITH TIIE RENEWAL OF A LICENSE.
(b) THE WAIVER OF FEES SPECIFIED IN SUBSECTION (6)(a) OF THIS
SECTION APPLIES TO THE FOLLOWING LICENSE TYPES:
(I) A LIMITED WINERY LICENSE UNDER SECTION 44-3-403;
(II) A BEER AND WINE LICENSE UNDER SECTION 44-3-411;
(III) A HOTEL AND RESTAURANT LICENSE UNDER SECTION 44-3-413;
(IV) A TAVERN LICENSE UNDER SECTION 44-3-414;
(V) AN OPTIONAL PREMISES LICENSE UNDER SECTION 44-3-415;
PAGE 18-SENATE BILL 20B-001
(VI) A RETAIL GAMING TAVERN LICENSE UNDER SECTION 44-3-416;
(VII) A BREW PUB LICENSE UNDER SECTION 44-3-417;
(VIII) A CLUB LICENSE UNDER SECTION 44-3-418;
(IX) AN ARTS LICENSE UNDER SECTION 44-3-419;
(X) A RACETRACK LICENSE UNDER SECTION 44-3-420;
(XI) A VINTNER'S RESTAURANT LICENSE UNDER SECTION 44-3-422;
(XII) A DISTILLERY PUB LICENSE UNDER SECTION 44-3-426;
(XIII) A LODGING AND ENTERTAINMENT LICENSE UNDER SECTION
44-3-428;
(XIV) A FERMENTED MALT BEVERAGE LICENSE UNDER SECTION
44-4-107 (1)(b); AND
(XV) A FERMENTED MALT BEVERAGE LICENSE UNDER SECTION
44-4-107 (1)(c).
(c) THE GENERAL ASSEMBLY SHALL APPROPRIATE AN AMOUNT NOT
TO EXCEED ONE MILLION EIGHT HUNDRED SEVENTY-EIGHT THOUSAND
DOLLARS FROM THE GENERAL FUND TO THE LIQUOR ENFORCEMENT DIVISION
AND STATE LICENSING AUTHORITY CASH FUND FOR USE BY THE DEPARTMENT
TO OFFSET THE REDUCTION IN FEE REVENUES USED BY THE DEPARTMENT FOR
THE DIRECT AND INDIRECT COSTS OF THE LIQUOR ENFORCEMENT DIVISION
AND THE STATE LICENSING AUTHORITY IN THE ADMINISTRATION AND
ENFORCEMENT OF ARTICLES 3 TO 5 OF THIS TITLE 44.
(d) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE DECEMBER 31,
2022.
SECTION 8. In Colorado Revised Statutes, add 24-49.5-106 as
follows:
24-49.5-106. COVID-19 relief for minority-owned businesses -
definitions - repeal. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE
PAGE 19-SENATE BILL 20B-001
CONTEXT OTHERWISE REQUIRES:
(a) "CARES ACT" MEANS THE "CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT", PUB.L. 116-136, 134 STAT. 281 (2020), AS
AMENDED.
(b) "COVID-19" MEANS THE CORONAVIRUS DISEASE CAUSED BY THE
SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO KNOWN AS
SARS-CoV-2.
(c) "MINORITY-OWNED BUSINESS" MEANS A BUSINESS THAT IS AT
LEAST FIFTY-ONE PERCENT OWNED, OPERATED, AND CONTROLLED BY AN
INDIVIDUAL WHO IS A MEMBER OF A MINORITY GROUP, INCLUDING AN
INDIVIDUAL WHO IS AFRICAN AMERICAN, ASIAN-INDIAN, ASIAN-PACIFIC
AMERICAN, HISPANIC AMERICAN, OR NATIVE AMERICAN.
(2) Relief payments, grants, and loans to minority-owned
businesses. (a) (I) THE OFFICE SHALL USE A PORTION OF THE MONEY
APPROPRIATED PURSUANT TO SUBSECTION (4) OF THIS SECTION, INCLUDING
A PORTION ANNUALLY FOR ADMINISTRATIVE COSTS, TO ADMINISTER A
PROGRAM TO PROVIDE:
(A) RELIEF PAYMENTS TO MINORITY-OWNED BUSINESSES THAT HAVE
BEEN MOST IMPACTED BY COVID-19 AND HAVE LACKED MEANINGFUL
ACCESS TO FEDERAL LOANS AND GRANTS UNDER THE CARES ACT; AND
(B) GRANTS AND LOANS TO MINORITY-OWNED BUSINESSES FOR
START-UP AND GROWTH CAPITAL.
(II) THE DIRECTOR SHALL ESTABLISH A PROCESS FOR
MINORITY-OWNED BUSINESSES TO APPLY FOR A RELIEF PAYMENT, GRANT, OR
LOAN UNDER THE PROGRAM, INCLUDING THE DEADLINE FOR APPLYING, THE
INFORMATION AND DOCUMENTATION REQUIRED TO BE SUBMITTED TO THE
OFFICE TO DEMONSTRATE ELIGIBILITY FOR A RELIEF PAYMENT, GRANT, OR
LOAN, AND ANY OTHER REQUIREMENTS SPECIFIED BY THE DIRECTOR.
(b) THE OFFICE SHALL ESTABLISH POLICIES SETTING FORTH THE
PARAMETERS AND ELIGIBILITY FOR THE PROGRAM, INCLUDING:
(I) THE TERMS OF AND ELIGIBILITY FOR A RELIEF PAYMENT, GRANT,
PAGE 20-SENATE BILL 20B-001
OR LOAN;
(II) CAPS ON THE AMOUNT OF A RELIEF PAYMENT, GRANT, OR LOAN;
(III) DEADLINES FOR APPLYING FOR A RELIEF PAYMENT, GRANT, OR
LOAN;
(IV) GRANT REQUIREMENTS AND LOAN REPAYMENT TERMS; AND
(V) ANY OTHER POLICIES NECESSARY TO OPERATE THE PROGRAM.
(C) THE OFFICE SHALL COLLECT SUFFICIENT INFORMATION FROM
MINORITY-OWNED BUSINESSES APPLYING FOR A RELIEF PAYMENT OR GRANT
PURSUANT TO THIS SUBSECTION (2) TO ENABLE THE DIVISION TO ISSUE AN
INTERNAL REVENUE SERVICE FORM 1099 TO A MINORITY-OWNED BUSINESS
THAT RECEIVES A RELIEF PAYMENT OR GRANT. WHEN ISSUING A RELIEF
PAYMENT OR GRANT TO A MINORITY -OWNED BUSINESS, THE DIVISION SHALL
PROVIDE THE INTERNAL REVENUE SERVICE FORM 1099 TO THE RELIEF
PAYMENT OR GRANT RECIPIENT.
(3) Technical support. THE OFFICE SHALL USE A PORTION OF THE
MONEY APPROPRIATED PURSUANT TO SUBSECTION (4) OF THIS SECTION,
INCLUDING A PORTION ANNUALLY FOR STAFF AND ADMINISTRATIVE
SUPPORT, TO INCREASE THE OFFICE'S ABILITY TO PROVIDE TECHNICAL
ASSISTANCE AND CONSULTING SUPPORT TO MINORITY-OWNED BUSINESSES
ACROSS THE STATE. THE TECHNICAL ASSISTANCE AND CONSULTING SUPPORT
MAY INCLUDE:
(a) PROVIDING MINORITY -OWNED BUSINESS LEADERS WITH
EXPANDED PROFESSIONAL DEVELOPMENT AND NETWORKING OPPORTUNITIES;
(b) INCREASING THE AVAILABILITY OF THE OFFICE'S EXISTING
PROGRAMMING AND TECHNICAL SUPPORT, INCLUDING THROUGH THE SMALL
BUSINESS DEVELOPMENT CENTER;
(C) DESIGNING STATEWIDE CERTIFICATION OPPORTUNITIES; AND
(d) CONDUCTING STATEWIDE AND LOCAL OUTREACH CAMPAIGNS TO
EDUCATE BUSINESS OWNERS AND ENTREPRENEURS OF PROGRAMMING AND
TECHNICAL SUPPORT.
PAGE 21-SENATE BILL 20B-001
(4) Funding. THE GENERAL ASSEMBLY SHALL APPROPRIATE FOUR
MILLION DOLLARS FROM THE GENERAL FUND TO THE COLORADO ECONOMIC
DEVELOPMENT FUND CREATED IN SECTION 24-46-105 FOR USE IN
ACCORDANCE WITH THIS SECTION IN THE 2020-21 AND 2021-22 STATE
FISCAL YEARS.
(5) Report. BY NOVEMBER 1, 2021, AND NOVEMBER 1, 2022, THE
OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR, THE BUSINESS, LABOR,
AND TECHNOLOGY COMMITTEE OF THE SENATE OR ITS SUCCESSOR
COMMITTEE, AND THE BUSINESS AFFAIRS AND LABOR COMMITTEE OF THE
HOUSE OF REPRESENTATIVES OR ITS SUCCESSOR COMMITTEE, DETAILING
HOW THE OFFICE IS EXPENDING THE MONEY APPROPRIATED FOR THE
PURPOSES OF THIS SECTION.
(6) Repeal. THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
2022.
SECTION 9. In Colorado Revised Statutes, 24-46-105, add (6) as
follows:
24-46-105. Colorado economic development fund - creation -
repeal. (6) (a) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, THE COMMISSION SHALL ALLOCATE MONEY APPROPRIATED TO
THE FUND PURSUANT TO SECTION 24-49.5-106 (4) TO THE MINORITY
BUSINESS OFFICE CREATED IN SECTION 24-49.5-102 FOR USE IN ACCORDANCE
WITH SECTION 24-49.5-106.
(b) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2022.
SECTION 10. Appropriation. (1) For the 2020-21 state fiscal
year, $37,000,000 is appropriated to the department of local affairs for use
by the division of local government. This appropriation is from the general
fund and is based on an assumption that the department will require an
additional 2.1 FTE. To implement this act, the division may use this
appropriation for relief to small businesses.
(2) (a) For the 2020-21 state fiscal year, $7,500,000 is appropriated
to the creative industries cash fund created in section 24-48.5-301 (2)(a),
C.R.S. This appropriation is from the general fund. The office of the
governor is responsible for the accounting related to this appropriation.
PAGE 22-SENATE BILL 20B-001
(b) For the 2020-21 state fiscal year, $7,500,000 is appropriated to
the office of the governor for use by economic development programs. This
appropriation is from reappropriated funds in the creative industries cash
fund under subsection (2)(a) of this section. To implement this act, the
office may use the appropriation for the council on creative industries.
(3) For the 2020-21 state fiscal year, $4,000,000 is appropriated to
the economic development fund created in section 24-46-105 (1), C.R.S.
This appropriation is from the general fund. The office of the governor is
responsible for the accounting related to this appropriation.
(4) (a) For the 2020-21 state fiscal year, $6,780,000 is appropriated
to the food protection cash fund created in section 25-4-1608 (1), C.R.S.
This appropriation is from the general fund. The department of public
health and environment is responsible for the accounting related to this
appropriation.
(b) (I) For the 2020-21 state fiscal year, $6,780,000 is appropriated
to the department of public health and environment for use by the division
of environmental health and sustainability. This appropriation is from
reappropriated funds in the food protection cash fund under subsection
(4)(a) of this section. To implement this act, the division may use the
appropriation for the environmental health programs.
(II) Any money appropriated in this subsection (4)(b) not expended
prior to July 1, 2021, is further appropriated to the department for the
2021-22 state fiscal year for the same purpose.
(5) For the 2020-21 state fiscal year, $1,891,775 is appropriated to
the department of revenue. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $13,775 for the division of taxation for tax administration IT
system (GenTax) support; and
(b) (I) $1,878,000 for use by the liquor and tobacco enforcement
division for personal services.
(II) Any money appropriated in this subsection (5)(b) not expended
prior to July 1, 2021, is further appropriated to the department for the
PAGE 23-SENATE BILL 20B-001
2021-22 state fiscal year for the same purpose.
SECTION 11. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
eroy M. Garcia
PRESIDENT OF
THE SENATE
Zre/z .e .0(rilatieteci-4.
Cindi L. Markwell
SECRETARY OF
THE SENATE
KC Becker
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
J Robin Jones
CHIEF CLERK F THE HOUSE
OF REPRESENTATIVES
APPROVED DWSvC0--UkrOJI ,2-020 xt-- (0 ik? 001V\
(Date and Time)
Jared or
GO RN R OF THE STA I r OF COLORADO
PAGE 24-SENATE BILL 20B-001