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HomeMy WebLinkAboutPACKET Town Board 2021-02-09The 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, February 9, 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, February 9, 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, February 9, 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 If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available for assistance from 6:30-6:50 p.m. by calling 970-577-4777. 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, 877-853-5257 (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 01-29-2021 *Revised 02-05-2021 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, February 8, 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, February 8, 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, February 8, 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, February 8, 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 Tuesday, February 9, 2021 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). YEARS OF SERVICE RECOGNITION. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 26, 2021 and Town Board Study Session Minutes dated January 26, 2021. 3. Transportation Advisory Board minutes dated December 16, 2020 (acknowledgement only). 4. Parks Advisory Board minutes dated December 17, 2020 (acknowledgement only). 5. Resolution 10-21 approving the DOLA Grant Agreement for the Comprehensive Plan and Code Update. 6. Adopt the Electric Vehicle Infrastructure and Readiness Plan. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. RESOLUTION 11-21 APPROVING AN EXTENSION OF THE TIME PERIOD TO SUBMIT THE MOUNTAIN WOOD TOWNHOMES SUBDIVISION AMENDED PLAT TO THE TOWN FOR RECORDING, VAN HORN ENGINEERING AND SURVEYING INC., APPLICANT REPRESENTATIVE. Planner Woeber. Estes Park Development Code requires plat to be submitted for recording within 60 days of approval. Town Board approved plat 11-24-2020. The applicant requests a 60-day extension to submit the plat. ACTION ITEMS: 1. RESOLUTION 12-21 APPROVING THE 2021 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUSEUM AND THE ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC. Director Fortini. Approve MOU defining roles and responsibilities of the Estes Park Museum and Estes Park Museum Friends and Foundation. 2. RESOLUTION 13-21 APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH WESTERN HERITAGE. Director Hinkle. Revised MOU between the Town of Estes Park and the Estes Park Western Heritage, Inc. concerning the Rooftop Rodeo. Prepared 01-29-2021 *Revised 02-05-2021 Page 3 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. ORDINANCE 03-21 APPROVING THE SECOND AMENDMENT TO THE LEASE AGREEMENT FOR THE PROSPECT MOUNTAIN RADIO SITE. Captain Pass. To approve a 5-year extension to a Lease Agreement for the Prospect Mountain Radio Site. 4. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. Town Clerk Williamson. REPORTS AND DISCUSSION ITEMS: 1. ESTES PARK MUSEUM: 2020 ANNUAL REPORT. Director Fortini. Presentation of the Museum's 2020 Annual Report. 2. VISIT ESTES PARK BOARD OF DIRECTORS QUARTERLY MEETING. Board Discussion. REQUEST TO ENTER EXECUTIVE SESSION: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24- 6-402(4}(e}, and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. - Regarding the potential for the Town to provide water service to the YMCA of the Rockies. ADJOURN. * Page 4 Town of Estes Park, Larimer County, Colorado, January 26, 2021 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 26th day of January, 2021. 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 Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/MacAlpine) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen stated appreciation for the transparency presentation at the Town Board Study Session prior to the regular meeting. He expressed concern with entities that go into executive session often to evade transparency and from conducting business in a public forum. TRUSTEE COMMENTS. Trustee Bangs attended the Transportation Advisory Board meeting where the Board continued to evaluate last year and prioritize goals for 2021. The Safe Routes to School taskforce continues to meet and review a one-mile radius access to the school complex. Trustee Younglund stated the Police Auxiliary volunteers would assist in the upcoming vaccine clinic. She attended the recent Larimer County Public Health webinar in which discussions were heard on how to reach those homebound and without access or the means to receive a vaccine. Trustee Webermeier commented the Visit Estes Park Board met. The CEO search continues to progress and closes on January 31, 2021. The Board has an open Town seat currently being advertised. Mayor Pro Tem Martchink informed the Board the Economic Development Corporation has submitted an Economic Development Administration grant for $250,000 for three years to fund the Entrepreneurial Center. Trustee MacAlpine attended the Estes Park Planning Commission where discussions were heard on the improvements that may occur to buildings downtown to address the floodplain and height increases. She recognized the passing of Frank Shavlik. Trustee Cenac further commented the Visit Estes Park Board approved audit services with Haynie & Company, the same auditor contracted to complete the Town’s audit for DRAFTPage 5 Board of Trustees – January 26, 2021 – Page 2 the year ending 2020. The Park Advisory Board met and has completed an inventory of the $1.75 million in art owned by the Town. The Board continues to work on a recommendation to the Town Board on the development of an Arts Master Plan and an Arts Advisory Board. Mayor Koenig commented the Larimer County Waste Management Committee recommended a new transfer station pricing schedule with round dollars and cents. Glass recycling was also discussed because the past recycling company has closed. She announced the Town Board would hold an executive session to discuss negotiations on providing water to the YMCA at the February 9, 2021 meeting. TOWN ADMINISTRATOR REPORT. Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.3 Financial Planning. He stated full compliance with the policy guidelines. He announced the vaccine clinic for those 70+ to be held on January 31, 2021 in Estes Park. The State continues to struggle with access to the vaccine and distributing doses to the local communities. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 12, 2021 and Town Board Study Session Minutes dated January 12, 2021. 3. Estes Park Planning Commission minutes dated November 17, 2020 (acknowledgment only). 4. Family Advisory Board Minutes dated October 1, 2020 (acknowledgment only). 5. Community and Family Advisory Board Minutes dated December 3, 2020 (acknowledgment only). 6. Revised Policy 306 Leave. 7. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Webermeier/Younglund) to approve the Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: 1. COMMUNITY AND FAMILY ADVISORY BOARD (CFAB) 2021 FOCUS AREAS. CFAB Chair Dale Marshall and Vice Chair Balduzzi presented the 2021 focus areas for the advisory board as outlined in the bylaws, including 1) advance and ensure awareness of, and equitable access to, existing community resources, and 2) provide a current report on the childcare needs and gaps in the community. The focus areas were informed by a community survey distributed by the Town on behalf of the board in late 2020. The surveys outlined a need for access to affordable, quality housing and childcare, enhanced year-round transportation, and amenities for pedestrians and cyclists. The advisory board would provide recommendations which would include actionable steps the Board could approve and provide further direction to the advisory board as it relates to the focus areas. After further discussion, it was moved and seconded (Younglund/Bangs) to approve the 2021 Community and Family Advisory Board focus areas as outlined, and it passed unanimously. 2. RESOLUTION 08-21 PROFESSIONAL SERVICES CONTRACT WITH AYRES ASSOCIATES. Director Hunt presented a professional services contract with Ayres Associates Inc. for planning consulting services on behalf of the Town for 2021 with a not to exceed cost of $115,000. The company has been providing on-DRAFTPage 6 Board of Trustees – January 26, 2021 – Page 3 demand planning services since 2018. The contract was increased to address the freeze in hiring a Planner I in 2021 and to partially facilitate planning project work. It was moved and seconded (Webermeier/Bangs) to approve Resolution 08- 21, and it passed unanimously. 3. RESOLUTION 06-21 ALTERNATIVES FOR 2020 UNPAID PARKING CITATIONS. Manager Solesbee stated the Town currently has 299 citations unpaid for 2019 and 224 in 2020 totaling $19,240. Staff proposed Resolution 06- 21 authorizing staff to offer a fine reduction and payment alternatives to unpaid parking citations issued between January 1, 2019 through December 31, 2020. If the Resolution passes, a letter would be sent to each individual with the option to donate to an Estes Park nonprofit organization or purchase a gift card to any business located within town limits in the amount equal to or greater than the unpaid parking citation after February 1, 2021. Alternatively, the citation could be discounted by 50% if paid by March 1, 2021. Discussion followed on what recourse the Town has if the violations were not addressed by one of the means outlined in the proposed Resolution. Manager Solesbee stated staff would bring forward a discussion at the next Board Study Session to bring forward proposed code amendments to address future violations to encourage payment and address unpaid tickets. She further noted any changes to codes would only impact new tickets and would not address past unpaid tickets. After further discussion, it was moved and seconded (Webermeier/Cenac) to approve Resolution #06-21, and it passed unanimously. 4. RESOLUTION 07-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2021 BUDGET. Director Hudson presented the first 2021 supplemental budget appropriation to include the implementation of paid parking in 2021, budget for additional small business COVID relief, and budget for a grant from Visit Estes Park for a climbing boulder at the Big Thompson Recreational Area picnic shelter at the parking garage. It was moved and seconded (Webermeier/Younglund) to approve Resolution #07-21, and it passed unanimously. 5. REVISED POLICY 601 PURCHASING POLICY - SPENDING AUTHORITY & LIMITS. Director Hudson presented a revised policy to outline spending authority and limits by position, department and division. The current policy was adopted in 2016 and since then a number of new departments and divisions have been established, as well as town functions moved between existing departments. These changes have been reflected in the proposed draft policy. Other changes have been included to clarify how spending limits are applied and exempting certain expenditures such as monthly utility payments, purchase power invoices from PRPA, annual water right payments, payroll taxes and withholding, etc. It was moved and seconded (Younglund/Bangs) to approve revisions to Policy 601 Purchasing, and it passed unanimously. 6. RESOLUTION 09-21 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR ADMINISTRATION OF THE LOCAL GOVERNMENT SMALL BUSINESS RELIEF PROGRAM. Assistant Town Administrator Damweber reviewed Senate Bill 20B-001, enacted December 7, 2020, establishing a new state-wide Small Business Relief (SBR) Program. The bill appropriated State funding to provide relief to small businesses in targeted industries (restaurants, bars, breweries, wineries, distilleries, caterers, movie theaters, fitness and recreational sports centers) impacted by severe capacity restrictions due to the COVID-19 pandemic. Larimer County through the Colorado Department of Local Affairs (DOLA) would be eligible for State funding to provide relief to these small businesses. Larimer County requires a Memorandum of Understanding be approved by each municipality to define the process by which funds would be administered. It was moved and seconded (Younglund/Webermeier) to approve Resolution 09-21, and it passed unanimously. DRAFTPage 7 Board of Trustees – January 26, 2021 – Page 4 7. INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT BOARD. It was moved and seconded (Younglund/Koenig) to approve the appointment of Trustee Cenac and Trustee Webermeier to the Local Marketing District interview panel, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:40 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DRAFTPage 8 Town of Estes Park, Larimer County, Colorado January 26, 2021 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 26 th day of January, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending:Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Disney Absent:None Mayor Koenig called the meeting to order at 4:30 p.m. COMMERCIAL ENTERPRISES IN RESIDENTIAL ZONES. Director Hunt presented the discussion on commercial and private enterprises in residential zones. He highlighted the history and approval of Ordinance 05-19 adopted August 27, 2019, which amended the Estes Park Development Code to allow for public and private recreation facilities uses depending on zoning district and use. The Board discussed staff’s reasoning for recommending the approval of exhibit A (Violet), previous code language prior to approval of Ordinance 05-19, Homeowner’s Association regulations blocking recreation uses as a result of Ordinance 05-19, monitoring of non-conforming uses, comprehensive plan updates which consider opposing opinions, and use by right compared to special review uses. The Board determined to review commercial enterprises as part of the development of the updated comprehensive plan. REVIEW DRAFT ELECTRIC VEHICLE INFRASTRUCTURE AND READINESS PLAN. Manager Solesbee and S.R.D Consulting LLC Project Manager Sarah Davis presented the draft Electric Vehicle Infrastructure and Readiness Plan. Project Manager Davis highlighted the current state of electric vehicles, the goals of the plan, key recommendations and the next steps. The key recommendations consisted of: develop and implement electric vehicle education and awareness programs; build and strengthen local and regional partnerships related to electric vehicles; implement electric vehicle charging focused time of use rates; adopting a “zero emission vehicle first” replacement policy; adopt code and policies which support transportation electrification; and expand public charging infrastructure to meet demand. The Board discussed building code amendments regarding charging stations. TOWN TRANSPARENCY. Mayor Koenig introduced the discussion on Town Transparency and Town Administrator delivered the Town’s current efforts on transparency. Town Attorney Kramer presented fundamentals of the Open Meetings and Open Records laws and underscored the purpose of the laws and stipulations and exceptions of the laws. Town Clerk Williamson provided the Town’s current transparency practices and highlighted notices of open meetings and the open records request process. Public Information Officer Rusch presented the Town’s primary communication channels and highlighted the Town’s website, social media, subscription email updates, and additional formats of public outreach. Town Administrator Machalek also emphasized additional Town transparency efforts including the Trustee email page, Trustee Talks, Board office hours, financial transparency, development plan tracking, and streamed and recorded mm. . TIAL ZONES.TIAL ZONES.FTon commercial commercial and priv tory and approval of Ordiapprova Estes Park Development Estes Park Developm s depedepending on zoning dnding on zoning d recommendingmmending the apthe ap ior to approval of or to approval of OrOr ockingocking recreation uses arecreation u orming useorming usess,comprehenmpreh nd use by right compared use by right compare w commercial enmmercial enterprises terprises anan. . AFT ELECTRIC VEHICLAFT ELECTRIC VEHICLDRolesbee and olesbee S.RR.D Con.D tritric Vc Vehicle Infrasehicle Infra current statcurrent sta nd the nd the trictric Page 9 Town Board Study Session – January 26, 2021 – Page 2 Board meetings. The Board discussed confidentiality of executive sessions and Colorado municipalities being subject to open meetings and open records laws. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Bangs requested and it was determined to schedule a discussion of the Environmental Sustainability Advisory Group and a discussion of pocket park framework for future study sessions. There being no further business, Mayor Koenig adjourned the meeting at 6:35 p.m. Kimberly Disney, Recording Secretary DRAFTPage 10 Town of Estes Park, Larimer County, Colorado, December 16, 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 16th day of December 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, Larry Gamble, Linda Hanick, Scott Moulton, Gordon Slack, Ron Wilcocks, Trustee Carlie Bangs, Public Works Director Greg Muhonen, Parking & Transit Mgr. Vanessa Solesbee Absent: Ann Finley Chair Morris called the meeting to order at 12:06 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 (Slack/Crow) to approve the November meeting minutes and all were in favor. SIDEWALK / TRAIL INVENTORY (Chair, Belle Morris) Chair Morris shared that three task force meetings are being scheduled for Mondays from 12 – 1 p.m. on December 21, 2020, January 4 and January 11, 2021. At this time, there will be five TAB members and two individuals unrelated that will be on the task force. All public is encouraged to attend. These meetings will be published on the Town website with a link to attend the meeting. Morris plans to get into the weeds when identifying the initiatives for the task force, how the data will be collected, the timeline, the information layers needed for Public Works while covering requirements for Safe Routes to School (SRTS) grants. Member Gamble encouraged the task force to keep it simple in the beginning. Gamble stated that it would be best to keep it at a one-mile radius and evaluate the process. Then to branch out and continue throughout the Estes Valley. The one-mile radius is the critical need and can be used as a template once evaluated. Wilcocks asked that Morris expound on what the task force will be doing and how that relates to the area around the school. Morris shared the information and stated that the intention was to work with the Engineering Department on the SRTS guidelines and interact with teachers, parents and students to encourage and educate which is a requirement of the funds being received from the SRTS grant. Wilcocks stated that the Fish Creek Trail, which has multiple owners (Town of Estes Park, Larimer County) would be an excellent candidate when evaluating the areas needing attention for students. Wilcocks stated that if the trail was paved and plowed, many kids would have a safe and direct route to school. Manager Hook stated it was relatively shovel-ready with the recent installation of the dirt trail repairing 2013 flood damage. Trustee Bangs will communicate with Larimer County about the trail ownership and access. Hook stressed the importance of beginning with a Needs Assessment, then moving on to tackling the subsequent projects and prioritization. The key needs from Engineering are the education and encouragement aspects of the SRTS requirements. Page 11 Transportation Advisory Board – December 16, 2020 – Page 2 Gamble reminded the group of the ‘TAB Shared – Initiative Resources’ shared Google folder for both TAB members and those participating in specific initiatives with the TAB. Gamble stated there are many resources already out there that would be beneficial for those interested to review. Trustee Bangs stated that part of the outreach would include gaining ambassadors, while having a liaison within Town government. Bangs feels it would be beneficial to connect the ambassador with the Community & Family Advisory Board. PROJECT UPDATES (Engineering Mgr. David Hook) Manager Hook provided updates on active Engineering projects. Graves Avenue Trail Project – SRTS: An RFP was issued for the design of the Graves Avenue Trail Project. Four proposals were received. The design is anticipated to be complete in mid-2021, with construction occurring in Fall 2021. Member Gamble asked when identified needs for the trail would need communicated, in relation to the design work. Muhonen stated all would need identified and communicated a minimum of one month prior to the 30% completion portion of the design process. Downtown Wayfinding Project (Paid Parking Signage): There is a minor tweak to the design of the parking signs and the Town will be going out to bid sometime after the first of the year. The sign installation needs to be completed prior to mid-May. Fall River Trail Project: Trail work is nearly completed, and contractors are working on punchlist items. Member Hanick stated she has walked the new trail and said it is very nice. Hook confirmed this trail would be maintained by the Town Parks Division. Alarado Project: The last of underground work is finishing up. The signals will need installed by Memorial Day. Other Project Discussion: Hook stated that there are two new development projects being reviewed by the Engineering Division. One is a new film center for the Stanley Hotel Group. The other is the Elkhorn Lodge Development. The construction plans have finally been submitted. One key aspect of this development is the new sidewalk to Mrs. Walsh’s Garden with a crossing to access the west end of the Riverwalk. Director Muhonen asked if Hook foresees any potential to involve TAB in the development review process when impacting public rights of way. Hook stated he has a longer-term plan for TAB involvement but is working in conjunction with the Town’s Comprehensive Plan. Hook stated that the remaining gaps in the Estes Valley Master Trails Plan have been identified, and future development at the Stanley Property will trigger sidewalk development. These gaps may require introduction as part of the Film Center Development. PROJECT/ADMINISTRATION UPDATES (Public Works Director Greg Muhonen) Downtown Estes Loop (DEL): Muhonen shared that he will not comment on the active litigation related to the DEL project. Design work continues, and one of the hot topics is the Riverwalk crossing at Ivy St. and the one at Rockwell, with two different approaches having been taken. There are safety challenges in both locations so design team, along with Muhonen, will continue to work through the details. Additional work is occurring on the diagonal Barnes Dance crosswalk design at the intersection of Riverside Dr. & Elkhorn Ave. Muhonen will be meeting with CDOT for further discussions. Page 12 Transportation Advisory Board – December 16, 2020 – Page 3 Morris asked Muhonen if a letter of support on a specific design would benefit the efforts, showing reinforcement. Muhonen suggested the business community be involved in a discussion prior to deciding on a specific design to support. Muhonen informed the group that while the first phase of Right of Way acquisitions (seven parcels) has been completed, the second phase consists of 32 easements or deeds of designation. There have been 17 offers extended at this point. Muhonen stated that the monthly meetings held on the team are posted on the Town website under the Town Board Study Session minutes. Traffic Calming: Muhonen and Engineer Ryan Barr investigated a request for traffic calming on Otis Lane due to purported speeding. This request seems based on traffic calming projects occurring in the Reclamation District as a result of cut-thru traffic. Otis Lane is on a cul-de-sac with nine homes. Public Works needs to establish protocol for traffic calming considerations. Upper Front Range Transportation Planning Region (UFRTPR): At the most recent meeting it was that Larimer County Commissioner Tom Donnahue has termed out of his current role and would no longer be a representative at the UFRTPR. The new leadership will be from the Weld County / Morgan County area, meaning there will no longer be a representative from Larimer County. Donnahue was a great advocate for Larimer County. Evaluation of next steps continues. Wellington was awarded the 2020 CMAQ dollars due to their excellent application. US-36 & Community Drive Roundabout: The final bid documents are currently on hold until additional funding is established. Chair Morris suggested that rather than have the design include all the new infrastructure, to use the shovel-ready portions located in the area. Morris added that it may be beneficial to wait for the new U.S. administration for more opportunity. PROJECT UPDATES (Parking & Transit Mgr. Vanessa Solesbee) Manager Solesbee introduced Sarah Davis of SRD Consulting to provide an update on the Electric Vehicle Infrastructure & Readiness Plan (“Plan”) and thanked all TAB members for their feedback on the recent survey. Davis presented survey and polling results as will be presented to the Town Board. She then walked through an overview of where Estes Park stands on electric vehicles, complimenting the Town of Estes Park for being the recipient of the Colorado Association of Transit Agencies (CASTA) Award in 2020 due to the electric trolley. Davis went on to discuss the Goals of Effort, Vehicles of Focus and Key Recommendations contained in the Plan. Education and outreach are key in this initiative. The final Plan will be due for the Town Board the first meeting in February. The changes that will be made prior to presenting are 1) Acknowledgement of the Estes Valley Master Trails Plan, and 2) Addition of the scenario of a day-tripper from the Front Range. Future work will include work on introduction of e-bikes, micromobile alternatives to infrastructure and trail planning. Another item would be to develop incentives and support with partner organizations. Manager Solesbee expressed her thanks to Davis and Grant Specialist Crosser for their hard work on the Plan. Solesbee will take this item to the Town Board Study Session at the end of January for introduction and will request Town Board adoption in early February. Parking: Manager Eisenberg shared that the Parking Division has been coordinating Page 13 Transportation Advisory Board – December 16, 2020 – Page 4 with the Police Department to propose new Ordinance language regarding towing or immobility. Eisenberg stressed that this will not be used unless absolutely necessary. The proposed language will be presented to the TAB prior to moving forward. Eisenberg is also visiting with community members in the Reclamation Neighborhood due to continued use of the only available parking spaces by out-of-town visitors to the Town of Estes Park, not visitors of the property owners in the area. Data will be collected during the summer and the solutions can be used for other neighborhoods facing these issues. Solesbee wanted to reiterate that the enforcement measures discussed will only be used in extreme circumstances. Currently there is a letter sent and a court date set as allowing for parking enforcement. In 2020 there have been over 200 citations left unpaid totaling over $10K, which is not insignificant. Solesbee understands this has been a very challenging year and is wanting to provide options to pay the citations. Examples include providing a receipt from a local business of the same amount of the fine, receipt for donation to a local charity, or other creative methods. Solesbee is open to discussions about this. Member Wilcocks asked what the cost would be in 2021 for Employer Permit Fees. Solesbee confirmed the amount would be $40 and the permit would allow use anywhere in the parking network. Transit: Solesbee shared that the Shuttle Committee met regarding the ridership statistics. For 2021, there were many ideas and a robust discussion on service times and routes. It was also discussed how to continue to provide a high level of service to local employees, residents and visitors on a limited budget. Solesbee is working with partner agencies to promote and market transportation options. Solesbee plans to invite the Shuttle Committee to the January meeting to discuss 2021 transit service. Solesbee will continue data collection of winter ridership through the end of December. At that time, she will evaluate needed changes. OTHER BUSINESS (Chair, Belle Morris) Muhonen shared that the 2020 updates to the TAB Bylaws had not yet been taken to the Town Board for approval. These will be discussed again at the January meeting to determine, prior to generating a Town Board item, no additional changes are needed. Member Slack reminded all that there are still spots available for Salvation Army bell ringers and said that the one at Dollar General is out of the wind. Member Wilcocks recommended to the Town representatives that it would be beneficial to put future large projects on the ballot for a public vote before implementing like the Estes Valley Recreation Center. He expressed concern that the paid parking item did not go to a public vote, similar to the Downtown Estes Loop. Wilcocks feels it would eliminate some of the controversy in the community. Trustee Bangs asked to meet offline with him to discuss further and review what’s involved in that process. Muhonen expressed his thanks to all TAB members for the time investment and passion brought to the TAB. There being no further business, Chair Morris adjourned the meeting at 2:04 p.m. Megan Van Hoozer, Recording Secretary Page 14 Town of Estes Park, Larimer County, Colorado, December 17, 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 17th day of December, 2020. Committee: Merle Moore, Chair, Rex Poggenpohl Vice Chair, Geoffrey Elliot, Kirby Nelson-Hazelton, Dewain Lockwood, Vicki Papineau, Ron Wilcocks Attending: Merle Moore, Geoffrey Elliot, Kirby Nelson-Hazelton, Dewain Lockwood, Vicki Papineau, Rex Poggenpohl, Ron Wilcocks, Brian Berg, Kevin McEachern, Greg Muhonen, Megan Van Hoozer Absent: Chair Moore called the meeting to order at 8:30 a.m. PUBLIC COMMENT No public comment. APPROVAL OF MINUTES A motion was made and seconded (Hazelton/Lockwood) to approve the November meeting minutes and all were in favor. MRS. WALSH’S GARDEN COMMITTEE UPDATE Chair Moore and Supervisor Berg shared expenses to date for the operation and upkeep Mrs. Walsh’s Garden. Annual expenses are consistently around $30K. With the funds remaining available, the Request for Proposal (RFP) can begin being drafted for the work needing performed. Berg stated the contractor is excited to secure a contract and begin the work. The RFP should be issued in the very near future. PLAQUE INVENTORY – EVLT BENCHES Chair Moore requested feedback from the PAB regarding creation of a recommend template for future recognition plaques listing allowed content. This stems from the situation where a picture was requested be added to the text on a plaque, resulting in coming before the PAB to determine what is allowable. Member Papineau walked around to each of the plaques installed to see what has already been logged and fill any gaps. Papineau captured the wording and location of each plaque. Over the past couple years, there has been discussion about removing plaques from the stanchions and adhering them to large rocks near the bench. Doing so would soften the look of the Riverwalk. Supervisor Berg recently met with the Estes Valley Land Trust (EVLT) to have their final bench installed near Kind Coffee. Two EVLT benches were added over summer, but the dealer sent the benches four inches shorter than standard. Berg is working with a concrete contractor to lift the benches to standard height. Those purchasing the bench with the plaque in question used the Dick Orleans plaque as a template, and only in conjunction with the EVLT. The issue is the picture of the angel being proposed on the plaque. Upon receipt of the proposed plaque Berg questioned the content due to standards regarding Town property. Papineau stated the language is much more emotional than is typically added. The PAB needs to determine what limitations need put in place. Member Wilcocks shared his support of softening the look of the Riverwalk, as stated by Berg. Wilcocks further stated that there are already established guidelines regarding displays of a specific nature. Director Muhonen suggested that once feedback is received on a proposed template with structure, that Berg touch base with Town Attorney Kramer to determine lawfulness of expressed limitations. Page 15 Parks Advisory Board – December 17, 2020 – Page 2 It was stated that it would be beneficial to limit the number of words or lines on the plaque. Multiple suggestions were made concluding that for Line 1 would be “In Memory Of. . . .”; Line 2 would include a date of some sort and lines three and four would have any added text (no images/logos, etc.) Member Hazelton agreed to the importance of following a structure similar to the others. Attorney Kramer can provide guidance on language regarding limitations. Chair Moore stated that it may be a good idea to pull samples based on Member Papineau’s research to provide as recommended styles. Muhonen recommended that the size of the plaque also be identified. Berg reminded the group that moving forward the EVLT will no longer be selling dedication benches. The Town has never facilitated a dedication bench, although there are a few that were donated for placement at the Visitor Center. Due to the unsure nature of future bench dedications, Berg requested the PAB finalize what’s being discussed understanding that the plaques fall under the Arts in Public Places (AIPP) program. Berg also stated that there’s not much room for more benches within the downtown core. Moore stated that some people are going to want bench dedications. The standard green benches the Town purchases would also work. Muhonen stated this will be a request moving forward, most likely, and is not anticipating support for this effort going away. While Trustee Liaison Cenac doesn’t have a sense for the demand, she does feel it should be discussed. AIPP GUIDELINES REVIEW PAB members performed their annual review of the Arts in Public Places (AIPP) Guidelines and came prepared with any suggestions for change. Member Papineau feels that the guidelines look good and has no recommended changes. Member Elliot stated it is important to incorporate these guidelines into the bench plaque discussions to ensure consistency. Member Wilcocks stated the guidelines look good and stated that the work Poggenpohl is doing could be added to the guidelines as an Appendix when completed. Moore stated he found no specific items needing changed during his review. Moore reaffirmed the current guidelines continue to be adequate and all agreed. Poggenpohl stated that the work done on the guidelines has been quite significant. If the Town moves forward with an Art Master Plan, it will realize these guidelines contain two- thirds of what is needed. Chair Moore stated that, regarding a potential Arts Advisory Committee (AAC), Poggenpohl captured a majority of the information necessary to define the committee’s purpose. Assistant Town Administrator (ATA) Jason Damweber composed, with assistance from Poggenpohl, a document requesting academic support in the creation of an Art Master Plan which was sent to a few universities. No responses have yet been received. Poggenpohl stated the Town would need an Art Master Plan to move forward with grant applications. Moore stated the master plan critically needs to identify and define art maintenance needs. Additional discussion is needed to determine appropriate timing for an Art Master Plan and identify where the committee should reside. Director Muhonen shared his concern about art expertise and staff time for added committees. There is no longer a Cultural Services group in the Town divisions but there are still functions in the town that may be softer, but more technical. An example is the Museum. Museum staff understand the care and maintenance of delicate artifacts. Without further discussion, their staff time may not allow this endeavor either. The bronzes maintained by the Parks Division. Estes Park is growing in many ways and an AAC would depict growth and expansion of art in the community. PAB was originally tree Page 16 Parks Advisory Board – December 17, 2020 – Page 3 board, took AIPP under wing due to the bronze outdoor statues and benches. It seems it is time to make a change in how the whole art package is handled. Muhonen reached out to the ATA and Town Administrator (TA) Machalek sharing that Public Works is not specifically astute with art items. Public Works either needs staffed accordingly or a different area should manage the art program. This would include AIPP, the Decorating Utility Box (DUB) program, etc. If PAB agrees, discussions need to continue to determine next steps. Muhonen feels that the AAC should be treated the same as the PAB, advisory to the Town Board. The visions are big, and the time demands could be great. Trustee Cenac agreed, stating that the AAC would collaborate with PAB as needed. Chair Moore determined it would be best to wait for university inquiry responses prior to more discussions at this time. Moore thanked Rex for all the work done putting this information together. Member Wilcocks also shared agreement that the AAC should be managed under a different area. ESTES PARK WOMEN’S MONUMENT COMMITTEE UPDATE Member Wilcocks shared that the Women’s Monument Project is moving along well. The committee is embarking on formal fundraising and are already seeing money come in. The two competing artist teams are high caliber, with national and international recognition. One artist team was just commissioned by Congress for Women’s Suffrage Monument in Washington D.C. Wilcocks negotiated partnerships with both local newspapers who will be contributing significant in-kind work and advertising. This enables 100% of funding to go to the monument. Wilcocks further stated that final proposals are due to the committee February 28, 2021, with full models, pricing, and all other information. At that time, the information will be disseminated to the PAB. PROJECT UPDATES (Parks Supervisor Brian Berg) Supervisor Berg stated that staff is near completion of the 2021 flower order. The Parks Division has a solid budget while still maintaining cuts made in 2020, which includes seasonal staff cuts. All rocks/boulders have been delivered for the Wonderview (US-34)/MacGregor Ave. roundabout. Work to continue with hardscape and plantings in the Spring. Parks staff will then look to recreation and picnic area near the parking structure. Visit Estes Park (VEP) donated $30K to the Town to add a climbing boulder in that area. Berg is in communication with the Downtown Estes Loop design team about a few items allowing more workable irrigation, plowing, trees, and plantings. The Town can almost see a light at the end of the tunnel on the Thumb Open Space purchase. The Conservation Easement has been the most cumbersome item of the purchase. The Town is also working through title works, etc. Once the purchase is complete the master planning phase can begin. Berg will continue to inform the PAB on progress. Poggenpohl offered any assistance since he lives in that area. Berg has reached out to the area HOAs but agreed that individual citizen feedback would also be beneficial. Berg stated that the grant closing dates will not come until 2021. Berg plans to bring concept ideas that were put together in the 1990s, back to the PAB in the near future. Member Papineau shared that there is still a need for volunteers to perform trash pickup and other tasks for the Duck Race. If anyone on the PAB is interested, please contact Berg via phone or email. Berg also shared that Larimer County tilled a reseeded the area around Scott Ponds last week adding its rough country to get the seeding to take hold. Page 17 Parks Advisory Board – December 17, 2020 – Page 4 OTHER BUSINESS Wilcocks, understanding that this is Chair Moore’s last meeting, thanked him for his excellent service and fantastic leadership. Asking what Moore would do next, Moore replied he had to set aside two major trips. Once he and his wife have received the vaccine, they will get back on schedule. Moore stated he has three kids, with two living on either coast. He just wants to get out and catch up with family and friends and do some traveling. Moore thanked all PAB members, stating that being Chair is easy with all that volunteer to help. He futher stated that it has been his privilege to work with all the members and Town staff. Poggenpohl stated that all members appreciate your volunteer leadership and the efforts put into the PAB. Regarding electing new officers, neither Poggenpohl nor Papineau will have the time needed for an officer role. Both are hoping Member Elliot will accept a nomination or volunteer as Chair. Moore confirmed this would be his last meeting as PAB Chair, but would continue to liaise between MWGAC and PAB as needed. Moore has served on the Parks Advisory Board since 2016, both as a member and Chair. Muhonen spoke to the deep, deep thanks for the work Moore has done on the PAB. Many successes and much work to get many foundational items for the arts program, Mrs. Walsh’s Garden, recommended plant listing for land use projects, and other investments in Estes Park. Member Lockwood shared that this would be his last meeting as well. Lockwood has served the Parks Advisory Board since 2013, when it was still referred to as the Tree Board. He has been awarded for planting over 20K trees in Nebraska, and continues to plant a minimum of 100 trees each year. Muhonen shared many thanks for his volunteer service and camaraderie. Trustee Cenac stated the information received from the advisory boards is invaluable. The Town Board cannot make informed decisions without the recommendations received. Both Moore and Lockwood will be missed. There being no further business, a motion was made and seconded (Papineau/Poggenpohl) to adjourn the meeting and all were in favor. Chair Moore adjourned the meeting at 9:56 a.m. Megan Van Hoozer, Recording Secretary Page 18 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: February 9, 2021 RE: Resolution 10-21 approving a Grant Agreement with Colorado Department of Local Affairs for the Comprehensive Plan and Code Update (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Community Development staff seek Town Board approval for this Grant Agreement from the Colorado Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Program (EIAF) for the Town’s Comprehensive Plan process and to rewrite Development Codes. Present Situation: The current Estes Valley Comprehensive Plan was adopted in December 1996. This plan has exceeded its usefulness and it is time for a new Plan for our changing community. The Plan is intended to help guide our community into the future. Public engagement will be a significant part of this effort. Colorado towns, cities and counties are authorized to prepare Comprehensive Plans as a long-range guiding document for a community to achieve their vision and goals. The Comprehensive Plan provides the framework for regulatory tools including zoning, subdivision regulations, annexations, as well as helps to address hazards and to build a more resilient community. A Comprehensive Plan promotes the community's vision, goals, objectives, and policies; establishes a process for orderly growth and development; addresses both current and long-term needs; and, provides for a balance between the natural and built environment. C.R.S. 30-28-106 and 31-23-206. In 2018, the Town held a series of pre-planning meetings with partnering organizations, Planning Commission representation, Larimer County and others. The results included identifying stakeholders to participate in the Plan process and proposed content. This information will be used as the Town resumes its effort to implement the Comprehensive Plan process in 2021. Page 19 Proposal: In 2020, Town staff submitted a grant application to DOLA to support the Comprehensive Plan and to rewrite the Development/ Land Use Codes. The Town was awarded this grant in the requested amount: $150,000. This is to be a 50 percent match grant; the 2021 adopted Town Budget includes the remaining $150,000, for a $300,000 project (Plan + Code) in total. This Grant Agreement outlines the Town’s obligations and responsibilities as a recipient of State funds, and the Town staff are prepared to comply with all grant requirements. This grant supports two phases: 1) Comprehensive Plan and 2) Development/ Land Use Code rewrite. The first phase will begin in Spring 2021, followed by the second phase starting in early 2023. Advantages: • Approving this Grant Agreement will allow the Town to access these funds to support the Comprehensive Plan process and to rewrite Codes. • The current Comprehensive Plan is outdated and much has changed since then; and it is time for our community to develop a new plan that reflects our current and future needs and opportunities. • The current Land Use Codes are dated and in need of a complete rewrite and these funds will help support this effort. Disadvantages: • Without the Agreement and these funds, the Comprehensive Plan process would be delayed and likely would not have a substantial public-outreach element (public engagement is the biggest cost factor in a new Comprehensive Plan.) • Conducting a Comprehensive Plan is labor-intensive, requiring resources of staff and elected officials; however, this is important for the future of our community. • A cost share is required; however, this has been approved by the Town Board in current budget. Action Recommended: Staff recommends Town Board approval for this Grant Agreement for the Comprehensive Plan and Code Update. Finance/Resource Impact: 1. Comprehensive Plan: $175,000 (State: $87,500; Town: $87,500) 2. Development Code rewrite: $125,000 (State: $62,500; Town: $62,500) The Town’s cost share has been budgeted in the General Fund. The match requirement will be obligated within each of the years for the Comprehensive Plan and Code rewrite. Level of Public Interest This grant support is likely of moderate interest; however, we expect that the Comprehensive Plan and Development Code rewrite will likely be of high interest to the stakeholders of this community. Page 20 Sample Motion: I move for the approval of Resolution 10-21. Attachments: 1. Resolution 10-21 2. EIAF 9306 DOLA Grant Agreement Page 21 RESOLUTION 10-21 APPROVING A GRANT AGREEMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE UPDATE WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of conducting a Comprehensive Plan process and updating the Development Codes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves 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 22 SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Local Affairs DLG Number F21S9306 CMS Number 166652 Grantee Town of Estes Park Grant Award Amount $150,000.00 Retainage Amount $7,500.00 Project Number and Name EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Performance Start Date The later of the Effective Date or January 12, 2021 Grant Expiration Date January 31, 2023 Project Description The Project consists of updating the Town of Estes Park Comprehensive Plan and Land Use Code. Program Name Energy & Mineral Impact Assistance Program (EIAF) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Regional Manager Chris La May, (970) 679-4501, (chris.la.may@state.co.us) Funding Account Codes DOLA Regional Assistant Robert Thompson, (970) 679-4503, (robert.thompson@state.co.us) VCUST# 14197 Address Code CN003 EFT THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER _______________________________________________ By: Tim Katers, EIAF Program Manager Date: __________________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director ______________________________________________ By: Rick M. Garcia, Executive Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate (the “Effective Date”). STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Yingtse Cha, Controller Delegate Department of Local Affairs Effective Date:_____________________ DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 EIAF 1/13/2021 | 6:57 PM MST 1/14/2021 | 9:11 AM MST CTGG1 NLAA 2021*3059 1/19/2021 | 8:24 AM MST ATTACHMENT 2 Page 23 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 2 of 10 Version 0717 TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Grant Award Letter exists in the law as follows: A. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 24 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 3 of 10 Version 0717 accomplished from and with appropriate agencies. This Grant Award Letter is funded, in whole or in part, with State funds. B. Reserved. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Reserved. B. Reserved. C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. D. “Exhibits” means the following exhibits attached to this Grant Award Letter: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter, an amendment, or an Option Letter. F. Reserved. G. Reserved. H. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. “Grant Award Letter” or “Grant” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. J. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. K. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. L. “Incident” means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. M. “Initial Term” means the time period between the Performance Start Date and the initial Grant Expiration Date. N. Reserved. O. “Other Funds” means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 25 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 4 of 10 Version 0717 Q. “Performance Start Date” means the later of the Performance Start Date or the Execution Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. R. Reserved. S. Reserved. T. Reserved. U. “Project” means the overall project described in Exhibit B, which includes the Work. V. “Project Budget” means the amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. “Services” means the services performed by Grantee as set forth in this Grant Award Letter, and shall include any services rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. Reserved. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. FF. Reserved. GG. Reserved. HH. Reserved. II. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 26 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 5 of 10 Version 0717 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Erroneous Payments The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Grant Award Letter, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the “Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 27 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 6 of 10 Version 0717 D. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Project Budget in Exhibit B. i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State. 8. REPORTING – NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 28 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 7 of 10 Version 0717 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security (http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 29 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 8 of 10 Version 0717 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 30 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 9 of 10 Version 0717 Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions. 18. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Order of Precedence In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Any executed Option Letter ii. The provisions of this Grant Award Letter. iii. The provisions of any exhibits to this Grant Award Letter. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 31 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 10 of 10 Version 0717 G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Reserved. L. Digital Signatures If any signatory signs this Grant using a digital signature in accordance with the Colorado State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Grant by reference. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 32 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 1 of 5 EXHIBIT B – SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of updating the Town of Estes Park Comprehensive Plan and Land Use Code. 2.2. Work Description. The Town of Estes Park (Grantee) will hire a qualified firm to produce Comprehensive Plan and Land Use Code updates for the Town. Work will follow an inclusive participation process to obtain input from a diverse cross-section of the community including: visitors, service industry employees, English-as-a-second-language community, second homeowners, and any neighboring jurisdictions, major service providers and special districts which are impacted by the Town’s growth and development. Work will: 1) identify a long-range vision for the Town; 2) assess and address housing needs and affordability; 3) identify risks and vulnerabilities of natural and human- caused hazards and identify goals, strategies, and/or actions to address the hazards and incorporate resilience; 4) include a water component in the Plan that describes the community’s goals and values related to water supply, infrastructure, quality, and conservation as well as participation from any entities that supply water; 5) include a recreation and tourism element, as required by state statutes (C.R.S. 31-23-206(5)); 6) create a “three-mile plan”, as required by state statute (C.R.S. 31-12- 105(e)(I)); and 7) identify recommendations for Land Use Code updates to conform to the updated Comprehensive Plan. The Land Use Code update will be guided by the vision and goals identified in the Comprehensive Plan update that is part of this Work. Work inlcudes research, community outreach, Plan and Code development, production of the final Plan and Code documents and presentation of final documents for approval by the Grantee. Grantee will own the Plan and Land Use Code updates. 2.2.1. A contract for consultant services shall be awarded by Grantee to a qualified firm through a formal Request For Proposals or competitive selection process. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: consultant fees. Bidding, bonding and insurance, legal fees, consultant travel and per diem shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Consultant Services” means consultant fees, RFP/bid advertisements, and attorney’s fees. 3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is an updated Comprehensive Plan and Land Use Code for the Town of Estes Park that will provide the process and parameters for orderly growth and development of the community. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Estes Park, Colorado. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 33 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 2 of 5 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: By: Put Project out to bid. Within 90 days after the Effective Date of this Grant Award Letter. Award and finalize subcontract(s). Within 30 days after bid opening. Provide DOLA with electronic copies of the updates approved by the Grantee. Prior to Project closeout. Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report May 1, 2023 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. DOLA will verify the Grantee’s contribution of “Other Funds” and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 1st (Jan-Mar) 2021 April 30, 2021 Yes Yes 2nd (Apr-Jun) 2021 July 30, 2021 Yes Yes 3rd (Jul-Sep) 2021 October 30, 2021 Yes Yes 4th (Oct-Dec) 2021 January 30, 2022 Yes Yes 1st (Jan-Mar) 2022 April 30, 2022 Yes Yes 2nd (Apr-Jun) 2022 July 30, 2022 Yes Yes 3rd (Jul-Sep) 2022 October 30, 2022 Yes Yes 4th (Oct-Dec) 2022 January 30, 2023 Yes Yes DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 34 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 3 of 5 1st (Jan-Mar) 2023 April 30, 2023 Yes Yes 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Randy Hunt, Community Development Director, (rhunt@estes.org), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. Christy Crosser, Grant Specialist, (ccrosser@estes.org). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-4501, (chris.la.may@state.co.us) 5.5. DLG Regional Assistant: Robert Thompson, (970) 679-4503, (robert.thompson@state.co.us) 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 50% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Grant Award Letter and/or Exhibit B. 6.2. Budget Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category 1 Consultant Services $300,000 $150,000 $150,000 Grantee Total $300,000 $150,000 $150,000 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount Interim Payment(s) $142,500 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $7,500 Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 35 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 4 of 5 that the Grantee has submitted, and DOLA has accepted, all required reports. Total $150,000 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 36 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 5 of 5 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 37 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 1 of 3 OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE State Agency Department of Local Affairs DLG Number Insert DLG encumbrance number for this Project Option Letter CMS Number Insert CMS number for this Amendment Grantee Insert Grantee's Full Legal Name Previous CMS #(s) Insert CMS number for orig Agreement, and any prior chg docs Project Number and Name Insert DOLA's project number and name Grant Amount Initial Award: $Insert orig award amt Option Letter ## and date effective/spendable: $0.00 Option Letter ## and date effective/spendable: $0.00 Total Grant Amount: $Insert total award to date DOLA Regional Manager Choose an item. DOLA Regional Assistant Choose an item. Prior Grant Agreement Expiration Date Month Day, Year Current Grant Agreement Expiration Date Month Day, Year THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Department of Local Affairs By: ____________________________________ Rick M. Garcia, Executive Director Date: ___________________ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Yingtse Cha, Controller Delegate Effective Date: ___________________ DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 38 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 2 of 3 1) OPTIONS: Choose all applicable options listed in §1 and in §2 a. Option to extend (use this option for Extension of Time) b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) c. Budget Line Adjustment(s) – reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(A) of the original Grant Award Letter between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure By: Put Project out to bid. Within __ days of the Effective Date of this Grant Award Letter. Award and finalize subcontract(s) and/or sub- grant(s). [give target date] Provide DOLA with Project Timeline Within __ days of the Effective Date of the subcontract(s). Contractor mobilization/begin Work. Within __ days of the Effective Date of the subcontract(s). Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 1st (Jan-Mar) 2021 April 30, 2021 Yes Yes 2nd (Apr-Jun) 2021 July 30, 2021 Yes Yes 3rd (Jul-Sep) 2021 October 30, 2021 Yes Yes 4th (Oct-Dec) 2021 January 30, 2022 Yes Yes 1st (Jan-Mar) 2022 April 30, 2022 Yes Yes 2nd (Apr-Jun) 2022 July 30, 2022 Yes Yes 3rd (Jul-Sep) 2022 October 30, 2022 Yes Yes 4th (Oct-Dec) 2022 January 30, 2023 Yes Yes 1st (Jan-Mar) 2023 April 30, 2023 Yes Yes 2nd (Apr-Jun) 2023 July 30, 2023 Yes Yes 3rd (Jul-Sep) 2023 October 30, 2023 Yes Yes 4th (Oct-Dec) 2023 January 30, 2024 Yes Yes b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Grant Award Letter between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section 7.1, both of Exhibit B, are deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 39 EIAF 9306 – Town of Estes Park Comprehensive Plan and Land Use Code Update Page 3 of 3 Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee Total $ 0.00 $ 0.00 $ 0.00 Payment Amount Interim Payment(s) Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Grant Award Letter between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee Total $ 0.00 $ 0.00 $ 0.00 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 5073E7C5-A247-471B-88E4-CA3C77513846 Page 40 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: February 9, 2021 RE: Adopt the Electric Vehicle Infrastructure and Readiness Plan PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Plan Adoption QUASI-JUDICIAL YES NO Objective: Formal adoption of the Town of Estes Park’s Electric Vehicle Infrastructure and Readiness Plan. Present Situation: At the January 26 Town Board Study Session, Public Works staff and a representative from S.R.D Consulting presented an in-depth overview of the recently completed Electric Vehicle Infrastructure and Readiness Plan (EV Plan) process. As discussed at the Study Session, the six-month planning effort resulted in an action- oriented roadmap of steps that the Town can take to increase EV awareness and utilization by locals and visitors, increase transit ridership, and identify opportunities for future grant funding to support continued EV adoption. The following six Key Recommendations are reflective of data analysis, stakeholder and community feedback, and known industry best practices. The recommendations are listed below in priority order and the consulting team provided staff with suggested implementation timing in the EV Plan Implementation Table (included in the Attachments): 1. Develop and implement EV education and awareness programs. 2. Build and strengthen local and regional partnerships as it relates to EVs. 3. Discuss the feasibility of implementing EV charging-focused time-of-use rates. 4. Adopt a “ZEV first” fleet replacement policy. Page 41 5. Adopt codes and policies that support transportation electrification. 6. Expand public charging infrastructure to meet demand. One notable update was made to the EV Plan after the Jan. 26 Study Session. A section on Pg. 33 and a new Appendix E were added, both titled “Estes Park Development Code: Proposed Electric Vehicle (EV) Related Amendments”. This new content was included at the request of the Colorado Energy Office on January 24. Public Works staff anticipate that this new section will be helpful during the upcoming Comprehensive Plan Update. Public Works staff plan to begin working on Plan implementation in 2021, with a key initial focus of supporting the Town Boards 2021 Strategic Plan goal of increasing the use of the Town’s EV charging stations and EV Tourism. Proposal: Consider acceptance and adoption of the Electric Vehicle Infrastructure and Readiness Plan. Advantages: • The Plan supports both the Town’s mission 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” and the Town Board’s 2021 Strategic Plan goal to increase the use of charging stations and EV tourism. • Plan implementation will support the Town’s environmental stewardship interest because of our location and partnership with the US Forest Service and Rocky Mountain National Park. • This effort, coupled with the 100% renewable energy generation targets set by Platte River Power Authority, provide an opportunity to make measurable change to Estes Valley’s air quality. Disadvantages: • Too often plans are not implemented; however, the Town has already started to meet EV goals through the procurement of two grant-funded electric trolley buses and installation of public charging station infrastructure. Action Recommended: Public Works staff recommend formal adoption of the Town of Estes Park’s Electric Vehicle Infrastructure and Readiness Plan. Finance/Resource Impact: The EV Plan was funded by two grants: 1. Colorado Department of Local Affairs (DOLA) Renewable and Clean Energy Challenge grant ($15,000); and 2. Colorado Energy Office (CEO) Community EV Readiness grant ($9,500). Page 42 Additionally, there was a commitment of staff time valued at $4,214 and a $2,000 payment from the General Fund to meet the cost-sharing requirement for the DOLA grant. Level of Public Interest The level of public interest is moderate. The individuals and organizations who participated in the outreach effort for this plan were engaged and provided valuable input throughout the process and on the final Plan. The Transportation Advisory Board provided a Letter in Support of the Plan, which has been included in the Attachments. Sample Motion: I move to adopt/not adopt the Town of Estes Park’s Electric Vehicle Infrastructure and Readiness Plan. Attachments: 1. EV Infrastructure and Readiness Plan Link 2. EV Plan Implementation Table 3. Letter of Support from the Transportation Advisory Board Page 43 TOWN OF ...... ESTES PARI( COLORADO r- ELECTRIC VEHICLE INFRASTRUCTURE AND READINESS PLAN January 2021 b dlGROUPren e ATTACHMENT 1 Page | 2 Estes Park EV Infrastruture and Readiness Plan Acknowledgements S. R. D. Consulting (SRDC) and Brendle Group would like to thank the following individuals for their enthusiasm, time, and feedback: Board of Trustees Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Carlie Bangs Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Transportation Advisory Board (TAB) Belle Morris, Board Chair Tom Street, Board Co-Chair Janice Crow Ann Finely Larry Gamble Linda Hanick Scott Moulton Gordon Slack Ron Wilcocks Carlie Bangs, Town Board Liaison Greg Muhonen, Staff Liaison Town of Estes Park Staff Christy Crosser, Grant Specialist Jim Nelson, Fleet Supervisor Josh Roper, Fleet Maintenance Kevin McEachern, Operations Manager Randy Hunt, Community Development Director Reuben Bergsten, Utilities Department Director Vanessa Solesbee, Parking & Transit Manager Wes Kufeld, Police Chief Eric Rose, Police Captain Joe Lockhart, Line Superintendent Stakeholders Eric Tracey, Larimer County Diego Lopez and Amy Maxey, Northern Colorado Clean Cities Coalition Danny Basch, Rocky Mountain National Park Donna Carlson, Estes Park Chamber of Commerce Thomas Cox and Adam Shake, Estes Park Economic Development Corporation Tom Keck, Tesla Social Club Josh Harms, Visit Estes Park Tom Carosello, Estes Valley Recreation and Park District Blake Robertson, Private Resident and E-bike Enthusiast Consultant Team Sarah R. Davis, AICP, SRDC Samantha E. Buck, MClinEpi, MLS(ASCP), SRDC Kate Lucas, AICP, SRDC Lynn Coppedge, Brendle Group Dan Epstein, Brendle Group Becca Stock, Brendle Group Cover Page Images Taken by Sarah R. Davis. The Town of Estes Park’s Electric Vehicle (EV) Infrastructure and Readiness Plan is funded by grants from the Colorado Department of Local Affairs (DOLA) and the Colorado Energy Office (CEO) with a match from the Town of Estes Park. Page | 3 Estes Park EV Infrastruture and Readiness Plan Table of Contents Acknowledgements .................................................................................................2 Table of Contents .....................................................................................................3 Acronyms and Abbreviations .................................................................................4 Executive Summary ..................................................................................................5 The Basis of this EV Plan ........................................................................................................................ 6 Goals and Recommendations ............................................................................................................... 6 Introduction ...............................................................................................................8 Internal Combustion Engine Vehicle vs. Electric Vehicle ................................................................ 10 EV Market Trends ................................................................................................................................. 10 Existing Conditions and Infrastructure ............................................................... 16 Electric Vehicles in Estes Park ............................................................................................................. 17 Estes Park Power and Communications ............................................................................................ 21 Estes Park’s Fleet .................................................................................................................................. 23 Existing Planning and Policy Framework ........................................................... 24 Federal EV Policies, Programs, and Incentives ................................................................................. 24 Colorado’s EV Policies, Programs, and Incentives ........................................................................... 25 Regional EV Plans ................................................................................................................................. 27 Town of Estes Park Planning and Policy Framework ........................................................................ 28 Town of Estes Park Development Code ……………………………………………………………....31 Stakeholders and Engagement ........................................................................... 36 Implementation Recommendations ................................................................... 38 Key Recommendations ........................................................................................................................ 38 Updating the EV Plan ............................................................................................ 44 Works Cited ............................................................................................................ 45 Appendix A – Implementation Table Appendix B – GoEV City Resolution Appendix C – Engagement Results Appendix D – Education Toolkit Appendix E - Estes Park Development Code Proposed EV Amendments Page | 4 Estes Park EV Infrastruture and Readiness Plan Acronyms and Abbreviations BESS Battery Energy Storage System BEV Battery Electric Vehicle CEO Colorado Energy Office CDOT Colorado Department of Transportation COVID-19 SARS-CoV-2 Virus, 2019-2020 Pandemic DCFC Direct Current Fast Charging DOLA Department of Local Affairs (State of Colorado) e-bike Electric Bicycle EPA Environmental Protection Agency EPPC Estes Park Power and Communications EV Electric Vehicle FTA Federal Transit Administration GHG Greenhouse Gas ICE Internal Combustion Engine LEV Low Emission Vehicle MTCO2e Metric Tons of Carbon Dioxide Equivalent NCCC Northern Colorado Clean Cities PHEV Plug-In Hybrid Electric Vehicle PRPA Platte River Power Authority RMNP Rocky Mountain National Park SUV Sport Utility Vehicle TAB Transportation Advisory Board TOU Time of Use V2G Vehicle-to-Grid V2H Vehicle-to-Home ZEV Zero Emission Vehicle Page | 5 Estes Park EV Infrastruture and Readiness Plan Executive Summary Transportation emissions are a significant contributor to air pollution. According to a report by the Rocky Mountain Climate Organization, the Larimer County mountains near Estes Park had, on average, an annual hottest temperature of 86°F between 1970 and 1999 (Saunders, Easley, & Mezger, 2016). Without significant reduction in emissions, the report predicted that the average annual hottest temperature could reach up to 101°F by 2099. However, with significant emissions reductions, that number could stay relatively stable at 90°F over the next 80 years. This potential rise in temperature is not a mere inconvenience, but could threaten the natural environment that draws residents, visitors, and investments alike to the Estes Valley. All hope is not lost, however. With the increasing demand for electric vehicles (EVs) and the state’s commitment to 100% renewable energy, the Town of Estes Park has begun making needed infrastructure and vehicle investments. The Town aims to ensure those investments are maximized, and to purposefully prepare for the widespread adoption of EVs, with the ultimate goal of improving quality of life and the environment in the Town of Estes Park, the greater Estes Valley, Rocky Mountain National Park (RMNP), Roosevelt National Forest, and greater Larimer County for generations to come. Based on the Census Bureau’s “On the Map” tool, 17.4% of the population that lives in the Estes Park area commutes greater than 50 miles to work and 19.3% commutes at least 25-50 miles to work (U.S. Census Bureau, 2017). According to studies done by the Estes Part Economic Development Corporation, one-third of workers live and work in Estes Park, one-third of workers live in Estes Park and commute to the Front Range, while the final third of workers live in the Front Range and commute to Estes Park. Assuming a standard 5-day work week, under typical circumstances, these residents are commuting up to 500 miles a week, which makes them excellent candidates for EV ownership. This commuter data, matched with the regenerative braking benefits of Estes Park’s mountainous terrain, make the Town a viable place to live and work with an EV. However, for many residents the cost of purchasing an EV and perceived barriers, such as “range anxiety” due to the limited number of charging stations along the key routes in and out of town, may be prohibitive. Due to limited affordable housing options, Estes Park also welcomes a number of daily commuters from the Front Range. For those with long, uphill commutes, the perceived impracticality of EVs is likely a large barrier, particularly for the older or more affordable vehicles that have shorter ranges. This can be further compounded by the impacts of cold weather on battery performance and vehicle model availability including pick-up trucks and sport utility vehicles (SUVs). The ultimate goal of EV readiness - reducing greenhouse gas (GHG) emissions - is tied to both the source of electric power and the availability of alternate modes of transportation. Building off the Town’s success in recently procuring one of two electric trolleys, the Town is making strides to expand the number of options available for those who are unable or reluctant to operate a personal vehicle and for those who are financially unable to purchase an EV in the foreseeable future. Furthermore, installation of a new Level 3 direct current fast charging (DCFC) station at the Estes Park Visitor Center will enable more daily and local trips, particularly for those who have smaller range vehicles or are not staying overnight where charging is readily available. EV charging infrastructure is optimal when it is part of a larger network. The new Level 3 DCFC is Page | 6 Estes Park EV Infrastruture and Readiness Plan part of the state’s corridor project, connecting Estes Park to neighboring communities ensuring that visitors with an EV can commute or visit. The significant amount of tourism in Estes Park and RMNP will continue to create demand for more publicly accessible charging stations, particularly near the periphery of downtown and along one or more of the routes connecting the Town with RMNP, in addition to hotels, resorts, other short-term rentals, and destination locations. The Basis of this EV Plan The Town of Estes Park is not alone in its pursuit of EV readiness. Building off the 2018 and 2020 Colorado EV Plans, the Town is exploring many aspects of the emerging EV sector with a primary focus on light-duty passenger vehicles and a secondary emphasis on transit and micromobility. Micromobility describes small, lightweight devices operated at speeds below 28 miles per hour either owned or rented by the user, and includes bicycles, electric bicycles, electric scooters, roller blades, etc. This Plan outlines the conditions as they exist in Estes Park today including physical infrastructure, fleet potential, and the policies in place that intersect aspects of the EV ecosystem. In October 2020, the Town Board of Trustees added language to the Town Board Strategic Plan acknowledging EVs. This is a major step forward within the Town from a policy perspective and will lay the supportive foundation needed to advance the Key Recommendations of this Plan. In keeping with their mission 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 Board of Trustees and employees acknowledge its responsibility to provide for the health, safety, and welfare of its residents and visitors. In this spirit, the Town has identified the reduction of transportation-related emissions and the increase in EV adoption as a potential path towards furthering these ideals. Addressing the issues of climate change and adapting to the potential natural hazards innate in Colorado mountain living is the responsibility of good government – financial solvency, supporting the most vulnerable populations, and making the community a healthy place for everyone to live, work, and play. Colorado is a state that is taking a lead in this effort; however, its success is dependent on communities like Estes Park doing their part to identify and shore up gaps within the charging infrastructure network in addition to leading by example through incorporating EVs and zero emission vehicles (ZEVs) into their fleet. The Town must strike a balance between staying innovative while also maintaining and maximizing existing investments in infrastructure and vehicles. Unlike the private sector where the primary focus is to be profitable, the Town has the ability to remain fiscally responsible while also being thoughtful about how and when to make investments in things like EVs. Through integrating EVs and ZEVs into the Town’s fleet, Estes Park can further normalize this newer technology by using the vehicles in town. Goals and Recommendations Resilient communities, those that bounce back quickly from major events such as wildfire, emerge from a deliberative process that includes creative stakeholder engagement, data-driven Page | 7 Estes Park EV Infrastruture and Readiness Plan decision making, and design thinking. When the Town sought and was awarded grant funding to develop this Plan, it outlined two Key Goals it aimed to achieve: 1. Maximize the Town’s existing EV infrastructure investment, and 2. Incorporate an action-oriented implementation plan to guide the Town’s future EV investment both in terms of infrastructure and the Town fleet. Through grant funding from the Colorado Department of Local Affairs (DOLA) Renewable and Clean Energy Challenge and the Colorado Energy Office (CEO) plus a match from the Town of Estes Park, this EV Infrastructure and Readiness Plan lays the foundation for the programs, policies, and investments needed to ensure the Town of Estes Park continues to evolve with the electrification of transportation. In order to achieve the goals of this EV Plan, building off of the data collected, stakeholder and community feedback, Town staff guidance, and industry best practices, the following six Key Recommendations emerged for implementation. These recommendations are listed below in priority, and are further expanded on in the Implementation Recommendations section and Appendix A – Implementation Table: 1. Develop and implement EV education and awareness programs. 2. Build and strengthen local and regional partnerships as it relates to EVs. 3. Implement EV charging-specific time of use (TOU) rates. 4. Adopt a “ZEV first” fleet replacement policy. 5. Adopt codes and policies that support transportation electrification. 6. Expand public charging infrastructure to meet demand. Additionally, to ensure information, recommendations, and strategies incorporate new and evolving technologies, policies, and partnerships, it is encouraged that this Plan be updated at least every 5 years. Page | 8 Estes Park EV Infrastruture and Readiness Plan Introduction Colorado has already seen a temperature increase of 1 to 2 degrees Fahrenheit in the last century (U.S. Environmental Protection Agency, 2016). As temperatures rise, Estes Park will experience earlier snow melts and harsher droughts. Climate change also threatens human health, as more extreme heat events increase risk of dehydration and heat stroke, particularly for children, older adults, and those with pre-existing conditions. Today’s primarily gas- and diesel- powered transportation system is a significant contributor to climate change. By the end of 2020, greenhouse gas (GHG) emissions from the transportation sector are projected to be the largest source of GHG emissions in the state Colorado Department of Public Health and Environment, 2019). According to the Colorado EV Plan 2020, “applying the social cost of carbon...to annual GHG emissions from cars and trucks in Colorado results in an estimated annual impact of $1.5 billion in public health effects, agricultural losses, flood risk and energy system costs. Children and adults with asthma and other chronic health conditions such as heart and lung diseases are particularly sensitive to ozone pollution” Colorado Energy Office, 2020). Transitioning away from fossil fuels and toward a more carbon- free transportation system is imperative to halting the progression of climate change and minimizing these economic, environmental, and health impacts. Our collective relationship with the land has strengthened through the COVID-19 pandemic as it allowed us the space and fresh air to socially distance, recreate, dine, and live with a reduced chance of contraction. What exactly ARE transportation emissions? Greenhouse gases (GHGs) include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and other synthetic fluorinated gases. Although GHGs are both naturally occurring and necessary to maintain the Earth’s temperature, significant levels of GHGs contribute to climate change by preventing infrared radiation from escaping the Earth’s atmosphere. CO2 makes up about 81% of all GHGs, and GHG emissions are often measured in CO2 equivalent (commonly metric tons, denoted MTCO2e), as it’s the most common greenhouse gas. While slightly different, the terms greenhouse gases” and “carbon emissions” are often used synonymously in everyday speech. Increasing concentrations of GHG emissions affect society and ecosystems in a variety of ways. Warmer climates increase the risk of heat-related illnesses and deaths; severe heat waves, floods, and droughts are more common leading to wildfires and reduced crop yields. In addition to GHG emissions, pollutants from tailpipes, tires, and brakes contribute to smog, poor air quality, and numerous associated health impacts. The primary pollutants that contribute to poor air quality include particulate matter PM), nitrogen oxides (NOx), and volatile organic compounds VOCs). According to the Environmental Protection Agency EPA), the transportation sector is responsible for over 55%of NOx total emissions and less than 10%of VOCs emissions in the U.S. Combined with sunlight, these pollutants form ozone, which can cause respiratory problems, lung disease, and other health conditions. Page | 9 Estes Park EV Infrastruture and Readiness Plan Coupled with the Town of Estes Park’s clear ties to the natural environment including as a gateway to one of the most visited national parks, Rocky Mountain National Park (RMNP), increases the importance of thoughtful development throughout the Estes Valley, particularly as it relates to transportation. The responsibility to be good stewards of the land and environment cannot be discounted. Due to the Town’s physical location in the mountains and natural human need to connect with nature, this EV Plan looks to reduce negative impacts from the local transportation system in addition to the region’s energy generation. Air. Whether it provokes images of fluffy clouds, a cool breeze rustling through the leaves, or a deep breath, air is essential to life. And while we as humans can tolerate varying degrees of air pollutants, the compounding impact of poor air quality effects our health, wellbeing, natural environment, and economy. Air has no boundaries, can carve away millennia of natural rock formations into dust, and can gust at hurricane-level speeds causing weathering, erosion, and property destruction. Our individual and collective responsibility to reduce air pollutants and improve air quality was highlighted just prior to the issuance of this Plan. In October 2020 the Town of Estes Park was surrounded by wildfires forcing an evacuation, threatening lives, the natural environment, and property. Fire. 2020 brought a fury of wildfires to Colorado (California and earlier in the year Australia), including two that threatened the Town of Estes Park. Whether caused by lightening, an unsupervised campfire, or even a spark from a combustion engine vehicle, wildfire is unpredictable but inevitable for communities like Estes Park impacted by the mountain pine beetle and increased drought conditions, left with dead and dying wood, ripe for ignition Rosner, 2020). While this Fall was not the first or last time Estes Park will face such events, waking up feeling the impacts of soot, ash, and other airborne pollutants from the fires shed light on the precarious position of our most essential resources and how far reaching its impacts are. The sore throats and stinging eyes were felt not only by the residents of Estes Park, but extended beyond the Front Range into Nebraska and Kansas, further exacerbated by the traveling emissions from similar fires raging as far west as California. Electric vehicles (EVs). Globally, the EV sector has seen an average growth of 59% year over year, with over 2.1 million light-duty passenger EV sales in 2018 (McKinsey Center for Future Mobility, 2019). And while EVs cannot stop Estes Park’s fire risk, they can reduce direct tailpipe emissions which will support improved local and regional air quality. In order for EVs to continue to grow their segment of the vehicle market however, charging infrastructure deployment - which is directly linked to EV adoption or the purchase of EVs by the public – is needed. The good news. Through generous infrastructure grant programs offered through the Colorado Energy Office (CEO), the Town of Estes Park is well on its way to supporting the growing needs of EV drivers living, visiting, and passing through. Thoughtful EV charging infrastructure planning is an emerging best practice for communities across the globe. This EV Infrastructure and Readiness Plan (EV Plan), funded by the Colorado Department of Local Affairs (DOLA) and CEO, with a match from the Town, seeks to maximize the Town’s existing investments while also charting a course for future infrastructure deployment as demand increases. Page | 10 Estes Park EV Infrastruture and Readiness Plan Internal Combustion Engine Vehicle vs. Electric Vehicle Unless you are paying close attention to EV makes and models, it can be almost impossible to distinguish them from internal combustion engine (ICE) vehicles by sight – the most noticeable difference is that EVs do not have a tailpipe for emissions. However, there are a few other marked differences. ICE vehicles have an engine made up of a number of component parts, which are powered by the combustion of diesel, gasoline, or natural gas, also known as fossil fuels. ICE vehicles have a battery, but it is limited in capacity and primarily powers the starter and vehicle lighting. Battery-only electric vehicles (BEVs) have one fuel source – the battery – which is used to power the motor and everything else from lights to the wipers. “Refueling” the battery costs about half as much per mile as refueling an ICE vehicle.0F0F0F0F0F0F 1 BEVs are also less mechanically complex and require significantly less maintenance over the course of ownership. No regular oil change is necessary, so other than balancing the tires it is mostly refilling the windshield wiper fluid and checking the brake pads- that's it! Plug-in hybrid electric vehicles (PHEVs) typically have a small battery that allows a limited all-electric range (less than 50 miles), and the rest of the time is gas- or diesel-powered. There are hybrid vehicles that are not plug-ins and for the purposes of this plan are not considered EVs. Throughout this document BEVs and PHEVs will collectively be referred to as EVs unless otherwise noted. Overall, EVs have significantly lower carbon emissions over the course of their lives than traditional ICE vehicles, even when taking into account the source of the power used to charge the EV. The one typically unaccounted for and often difficult to measure impact comes from the mining of precious and rare earth metals for the batteries. Manufacturers are constantly exploring new, more efficient, and less impactful battery chemistries. On the horizon expect hydrogen and renewable natural gas to become more prevalent in conversation, especially regarding medium- and heavy-duty vehicles. EV Market Trends Over the past five years, EV ownership has risen as the number of available models and drivable range has increased, the charging infrastructure networks are more visible and numerous, and the price of buying a new EV continues to fall. EVs currently make up less than 1% of vehicles on the road however, the rate at which adoption of this new technology increases is steadily rising; it remains to be seen how COVID-19 will impact the EV industry. The CEO forecasts that EV adoption rates in Colorado could rise to between 10-15% of vehicles on the road by 2030 Colorado Energy Office, 2019). Despite economic stressors, EV ownership is anticipated to increase over the foreseeable future as EVs become more cost competitive, can go further without needing to recharge, and are easily and conveniently charged more frequently when necessary. By 2040 globally electric cars are expected to make up 58% of all vehicle sales, and over half the vehicles on the road will be EVs (BloombergNEF, 2020). 1 Assumes $0.11/kWh * 0.3 kWh/mile = $0.33/mile compared with $2/gallon ÷ 30 miles/gallon = 0. 66/mile Page | 11 Estes Park EV Infrastruture and Readiness Plan Electric Vehicle Adoption As with any new technology, there is an “adoption curve” until the product is readily available, affordable, and visible. As described in Everett Rogers’ book Diffusion of Innovations, innovators” are the first to adopt innovations and make up 2-5%, then “early adopters” 13.5% and “early majority” make up 34% (Rogers, 2003). EVs are predicted to be the next major technology to follow this shift, currently progressing ahead of other transportation- and energy- related catalysts such as autonomous and connected vehicles, hydrogen fuel cells, and renewable natural gas, with education and awareness accelerating this process. Based on a market study conducted by E Source in partnership with the CEO, several barriers and opportunities emerged as they relate to increasing EV adoption in Colorado (Maxwell, LeBlanc, & Cooper, 2020). E Source’s market research findings align with the feedback received through this Plan’s effort: Misconceptions and lack of information about EVs and charging in particular are major barriers to Coloradoans seriously exploring and investing in an EV lifestyle. Misperceptions and inaccuracies abound, from charging at home and charging at public stations to battery range and more. People believe that charging is complex, difficult, somehow done through a mysterious process (charging stations) they don’t understand.” A lack of consumer awareness about available tax credits helping to lower initial upfront costs for those eligible. On the positive side, E Source’s research showed that a majority of people are open to purchasing an EV in the next 10 years and over 80% of consumers view the environment as an important driving force of EVs. PHEVs were also noted as a potential bridge between ICE vehicle ownership and going fully electric. As communities in Colorado including the Town of Estes Park look to support and encourage EV adoption, increasing awareness and visibility, providing access to unbiased information, connecting consumers with incentives, and providing access to reliable charging infrastructure is paramount. Charging The EV ownership lifestyle must be supported by affordable, reliable, and readily available residential and/or workplace charging infrastructure. On the market today there are even smart chargers that can be set to charge at a time when electricity is the least costly or more likely to be powered by renewable sources. Similarly, workplace charging is a great near daily alternative to at-home charging - more employers have begun installing charging as an employee perk and another way to illustrate their sustainability commitments. However, not everyone has the ability to charge where they park their vehicle. Apartment and condo dwellers, renters, and those without dedicated parking do not typically have the ability to install at-home charging and thus rely on publicly available charging infrastructure. There are a number of apps available to help EV drivers locate safe and reliable charging stations such as Page | 12 Estes Park EV Infrastruture and Readiness Plan Plugshare and ChargeHub. There are three levels of EV charging based on their energy output and infrastructure requirements detailed in Figure 1 below. Depending on the level, public charging should be located within a reasonable distance of things to do in the corresponding charging timeframe. This is particularly important when siting Level 2 infrastructure as it has a longer charge and thus dwell time. Within Level 3 direct current fast charging (DCFC), there are three predominant connector types described in more detail in Figure 2 below. Figure 1: The Three Levels of EV Charging Infrastructure (Private and Public) Source: ChargePoint] Level 2 charging takes 2-4 hours to substantially boost a long-range vehicle’s battery, therefore Level 2 chargers should be located near apartment and condo buildings, recreation centers, museums, hotels, theaters, playing fields, downtown, and any other areas one is likely to stay 2 hours or more. In comparison, Level 3 DCFC infrastructure can charge a near-empty standard battery-sized vehicle in 45-60 minutes, so should be located near grocery or household goods stores, restaurants, gyms, and other shorter-term retailers and activities. Figure 2: Types of Connectors Source: ChargePoint] Page | 13 Estes Park EV Infrastruture and Readiness Plan Charging Station Protection and Signage2F Charging stations are capital investments that the Town seeks to maximize the usage of and therefore charging-specific guidelines are needed to protect these investments while also ensuring they are easily found by visitors and residents alike. Due to their location within parking lots, charging units should be protected from potential damage from vehicles through the installation of bollards and/or signage placement. Accessibility should also be taken into account ensuring that public charging stations have at least one accessible stall. Furthermore, adding stall signage and markings communicates to the public when and how the parking stall should be used. In areas where the station location is not immediately obvious, additional wayfinding signage is important. In Estes Park, wayfinding signage for the newly built Level 3 DCFC station at the Visitor Center will reduce confusion between those and the Level 2 charging connectors at the entrance of the parking structure which have a 2+ hour charge time. It is important to note that most EV drivers do rely on existing mobile applications to identify and locate existing charging connectors. For those within a network, the applications may even indicate if the stations are in use, available, or out of service. Described in further detail in the Code Recommendation section, Estes Park set a precedent for EV stall markings with the thermo-plastic emblems used to denote the charging enabled stalls in the Town Hall/Library parking lot. These thermo-plastic emblems should be extended to all publicly available charging stalls. Additional stall markings should be considered if ICE vehicles consistently occupy these spaces. Colorado EV Charging Stall Signage In 2019, the Colorado Department of Transportation (CDOT) issued Colorado Revised Statute 42-4- 1213 providing guidance and signage (illustrated below) specifications for parking stalls dedicated to EV charging. Should the Town face an issue in which non-EVs are frequently parking in stalls enabled with charging infrastructure, thereby inhibiting a needy EV driver from accessing a charging connector, these signs could be installed and enforced. Page | 14 Estes Park EV Infrastruture and Readiness Plan Range The most frequently vocalized barriers to purchasing an EV are cost and “range anxiety.” Range is the distance a vehicle can go without refueling. The average ICE passenger vehicle can go more than 400 miles without needing to be refueled. While most BEVs for sale today have a range of 100 miles or more, they typically average in the low 200’s - with Tesla’s long-range Model S topping off at 409 miles. In Estes Park, vehicle range is of particular importance due to a combination of the varying terrain and seasonally cold weather, both of which can impact battery performance. Furthermore, the desire for visitors and residents to drive to, through, and in RMNP must be taken into consideration, especially the allure of driving over Trail Ridge Road. Range impacts residents and visitors’ ability to use EVs locally, regionally, and for long distance trips. While EV drivers will mostly charge from home, from time to time they’ll need public charging. The availability of charging infrastructure can lessen range anxiety greatly. Range has a direct relationship to charging infrastructure availability – with enough readily available and reliable chargers, battery range is less of a concern but can become an inconvenience. Range is expected to continue to increase with newer EVs; however, residents with older, smaller range vehicles have reported great success using their EVs for daily and local trips. The availability of infrastructure in adjacent communities is needed to ensure these vehicles can travel elsewhere – of note a charging station in nearby Lyons that was shutoff during the COVID-19 pandemic as it is connected to a local school that was closed, and a level 2 charging station at the Grand Lake Visitor Center supports those with Trail Ridge Road on their must-see list. Cost Cost, as a vocalized barrier to EV ownership, is also changing. In June 2019, the average cost of a new car in the US was around $36,600 (a 2% increase over the previous year), and the average cost of an EV was $55,600 (a 13.4% decrease from the previous year) (Coren, 2019). However, when broken down by vehicle class, comparing higher-end EVs like Porsche and Tesla with their high-end ICE counterparts, and comparing the more compact and affordable Nissan Leaf with other ICE compacts, the costs are more similar than the above figure expresses. Prices for EVs and ICE vehicles are expected to obtain parity as early as 2022 (BloombergNEF, 2020), and a number of EVs are currently available for less than $20,000 after the applicable Federal EV Tax Credit and Colorado EV Tax Credit. While excess credit from the state can be refunded to the taxpayer, the same does not apply for the federal tax credit, limiting the amount of savings a low-income worker can realize. Although the upfront cost of an EV is currently slightly higher than that of an ICE vehicle, the International Council on Clean Transportation (ICCT) estimates that owning an EV will result in an average cost savings of $3,000-$6,000+ over the vehicle’s lifetime (Lutsey & Nicholas, 2019). Page | 15 Estes Park EV Infrastruture and Readiness Plan Vehicle Model Availability Often a secondary barrier to EV adoption, greater vehicle model availability is on the horizon. Especially in states like Colorado where the outdoor oriented lifestyle and varying weather and terrain influence vehicle purchases to trend towards sport utility vehicles (SUVs) and pick-up trucks, few fully electric models are currently available. This is changing as battery technology becomes more efficient and powerful, enabling larger and heavier vehicle types. 2021 should be an exciting time as Rivian, an electric truck and SUV start-up, will bring the R1T Truck (see Image 1) with over 400 miles of range and 11,000 pounds of towing capacity to market - likely to be priced around $75,000. Rivian’s purpose-based focus on enabling recreation and reaching extreme terrains with an EV makes it one to watch for Estes Park as visitors and residents are likely to gravitate towards those vehicles that support an outdoor oriented lifestyle. Volkswagen will be introducing America to its new ID.4 electric SUV in 2021 as a rival to the Tesla Model Y. Other vehicles like the GMC Hummer EV, Rivian R1S SUV, Tesla Cybertruck, and Ford F-150 EV are anticipated in 2022 and beyond. Image 2: Vehicle Model Availability Prediction by BloombergNEF Source: BloombergNEF, https://about.bnef.com/electric-vehicle-outlook/] Image 1: Rivian R1T All-Electric Pick-Up Truck Source: Rivian] Page | 16 Estes Park EV Infrastruture and Readiness Plan Existing Conditions and Infrastructure At the crossroads of Highways 36, 34, and Colorado 7, the primary commercial corridor of the Town of Estes Park emerges. As of July 2019, the Town of Estes Park had 6,426 full-time residents, an 8.2% increase from 2010. As population grows, the opportunity to integrate EV infrastructure into new development increases. Ensuring land development code is supportive of EVs and at a minimum not a barrier to infrastructure development is necessary. The median age in Estes Park is 59 years old and 34% of the population are 65 years or older. Older populations tend to desire to age-in-place or continue to live out their life in their community. Ensuring mobility options are accessible and affordable will provide a supportive environment for those populations with fixed incomes. Estes Park is predominantly white (87%) but does have a growing Hispanic or Latinx population (roughly 11.6%). The average household in Estes Park contains two people, with a high school diploma and had a median household income of $50,833 in 2018. The average travel time to work for Estes Park residents was a little less than 19 minutes in 2018, which likely takes into account the extremes of residents who live and work locally in addition to residents who commute daily to the Front Range. The Town manages public parking through the Parking and Transit Division, including on-street parking, one parking garage structure, and 18 parking areas which include surface lots and on- street parking. Parking supports residents and visitors as a means of vehicle storage for short and prolonged periods of time in key locations including proximity to downtown. The Town also operates Estes Transit, a seasonal transit service that generally operates from June through September annually. Rocky Mountain National Park (RMNP) is one of the most visited national parks in the county drawing an average of more than four million visitors a year. As such, the Town and RMNP continue to develop strong ties both in relationship and transportation infrastructure. Per federal executive order, the handling of EVs and EV infrastructure, including the regulation of e- bikes has been relegated to the Superintendent- level. This means that at the Park-level, decisions can be made about where e-bikes can be operated and whether charging infrastructure will be public or fleet-facing. Of the existing 300+ rolling stock of vehicles ranging from light-duty passenger vehicles to large construction machinery, RMNP has two Chevy Volt PHEVs and a hybrid pick-up truck. Existing charging infrastructure within the Park is limited to the Park’s fleet usage, however in the future the Park may explore employee and public charging infrastructure based on electricity availability. RMNP is a major draw for locals and visitors alike. Ensuring that they have the ability to travel to, through, and home from the Park emission-free will support local and regional air quality. Image 3: Traffic on Trail Ridge Road in RMNP Source: Greg Tally https://commons.wikimedia.org/wiki/File:Trail_Ridge_Road Rocky_Mountain_National_Park_USA.JPG ] Page | 17 Estes Park EV Infrastruture and Readiness Plan Electric Vehicles in Estes Park As of October 1, 2020, 64 EVs are registered in the Town of Estes Park’s zip code (80517) Colorado Energy Office, 2020). Of those, 28% are plug-in hybrid electric vehicles (PHEVs), and 72% are battery-only electric vehicles (BEVs), more than triple the number registered just two years ago. Developed as a mass market model, the Tesla Model 3 is the most popular BEV among Estes Park residents, with the Nissan Leaf trailing. The most popular PHEV is the Chevy Volt. Over the course of this project (from June 1 to October 1, 2020) 9 new EVs were registered in Estes Park more than half of which are Teslas. Existing and Regional Charging Infrastructure Within the Town of Estes Park there are currently two ChargePoint Dual-Port Level 2 chargers near the entrance to the Visitor Center’s parking structure (see Image 4 below), and one ChargePoint Dual-Port Level 2 charger in the parking lot at Town Hall/ Library. During the development of this EV Plan, four ChargePoint Dual-Port Level 3 DCFCs were installed in the main Estes Park Visitor Center surface lot (see Image 5 below). The new Level 3 DCFCs are part of the state’s EV Corridors Program, eventually connecting Estes Park as far west as Dinosaur, Colorado. While four chargers stand today, the Visitor Center location was designed to accommodate eight Level 3 DCFCs at full buildout, providing Estes Park the needed flexibility to expand in the future as demand increases. Each Level 3 DCFC at the Visitor Center is equipped with two charge connectors, a SAE Combo (CCS) and CHAdeMO. Image 4: To Dual-Port Level 2 Chargers at Parking Structure Source: Sarah R. Davis] Image 5: Four Dual-Port Level 3 DCFC at Visitor Center Source: Sarah R. Davis] Page | 18 Estes Park EV Infrastruture and Readiness Plan Additionally, there are more than 10 publicly available Level 2 (240 volt) EV charger connectors in five locations throughout the Town limits that are owned and operated by third-parties or the associated business. Many of the RV parks in town also allow EV drivers to access their NEMA 14-50 outlets. In 2017 Tesla invested in a seven stall Tesla Supercharger (their Level 3 DCFC – see Image 6) station behind The Stanley Hotel note the connectors only allow Tesla vehicles to charge. 4F See Map 1 for a map courtesy of PlugShare of the publicly available charging stations in Estes Park. The Town of Estes Park’s location, key connections to communities up and down the Front Range, and its proximity to RMNP ensure that any infrastructure deployed in the Town supports a statewide public charging infrastructure network. Most charging is predicted to be done at home or at work, except in the case of travel when public charging becomes a factor and thus a regional perspective must be taken. Map 1: Map of Existing EV Charging Stations in Estes Park (All Levels) Source: PlugShare] Image 6: Seven Stall Tesla Supercharger, The Stanley Hotel Source: Unknown] A Day Trip to Estes Park So, what would a day trip from the Front Range look like? Put yourself in the shoes of a visitor making a day trip from Fort Collins. Starting your trip in a 2018 Nissan Leaf with a 90% full battery you charged at home, you would arrive at Rocky Mountain National Park with a 48% charge. After a short hike in the park, you could then enjoy lunch Downtown for an hour, plugging into the Level 3 DCFC at the Visitor Center, and leave with an 80% charge, arriving home with a comfortable 59% charge. To explore more scenarios, visit ABetterRoutePlanner.com. Page | 19 Estes Park EV Infrastruture and Readiness Plan Transit The Town of Estes Park owns and operates its own seasonal local public transit network of shuttles and trolleys ensuring transit coverage across the major highways and routes through the Estes Valley. Estes Transit operates the shuttle service during the peak summer season and periodically throughout the year to support Town-produced special events. The shuttles and trolleys are free for riders. With five key routes throughout the Town (see Figure 3 for the four routes operational in 2020 during this Plan’s development), Estes Park’s transit division is focused on safely and reliably getting residents and guests where they need to go without relying on a personal vehicle. Additionally, RMNP operates three shuttles to access the Park. In July 2020 the Town took delivery of their first 100% electric trolley (see Image 7) manufactured in the U.S. by Hometown Trolley and Motiv Power Systems. During the summer season, this vehicle operates daily on the Red Route connecting the structured parking garage near the Visitor Center with the main thoroughfare downtown, East Elkhorn Avenue. The electric trolley ran for the entire summer 2020 season, which concluded on October 18th and it is estimated that the Town saved 5,500 gallons of gasoline and reduced over sixteen different environmental pollutants, including 22 metric tons of CO2. When Estes Transit’s second trolley arrives in May 2021, 40% of the Estes Transit fleet will be served by electric vehicles. Figure 3: 2020 Estes Transit Route Map Source:https://assets.simpleviewinc.com/simpleview/image/upload/v1/clients/estespark/2020_transit_map_08_ 27_20_ec350aa9-7a22-4809-9da5-12ffde32b799.pdf] Image 7: Estes Transit’s 100% Electric Trolley Photo: Sarah R. Davis] Page | 20 Estes Park EV Infrastruture and Readiness Plan The trolley was purchased through one of two Federal Transit Administration (FTA) grants passed through the Colorado Department of Transportation (CDOT) and is 100% electric. The Town has ordered a second electric trolley (to be funded through the second FTA grant), and the procurement of the second vehicle included a charging station which was installed near the Town’s maintenance facility. Recently the Town was awarded a third FTA grant for $300,000 to build a structure to house this and the second trolley projected to hit the road in town in 2021. The structure will help protect the Town’s investment from inclement weather and natural wear and tear from the elements. Micromobility the Board of Trustees encourages alternative transportation modes that are environmentally friendly, reduce society’s dependence on fossil fuels, and encourage more people to complete trips by environmentally-friendly modes of transportation…” -Town of Estes Park Micromobility Ordinance (2019) In the Summer of 2017, electric scooters and e-bikes were deployed in cities across the globe as a new transportation technology. The concept of shared mobility is not new but is now being explored at the micro-scale. These small, lightweight devices are operated at speeds below 28 miles per hour and are either owned or rented by the user. Micromobility includes bicycles, electric bicycles (e-bikes), electric scooters, roller blades, etc. Estes Park has not been majorly impacted by this development and no shared e-scooter or e-bike companies are known to be looking at the mountain community for such deployment; however, private residents and visitors are buying and using these devices in town today. Impacts from e-bikes are of interest to residents and guests as their assisted operation allows a variety of new riders, including older adults, the opportunity to access trails and paths. Exploring the tourism potential of micromobility and opportunities to further connect multi-use trails and bike lanes to services and destinations should be a focus of future efforts, including the update of the Master Trails Plan by the Town and EVRPD. Taking into consideration Estes Park-specific challenges including weather and wildlife interactions (especially elk) should be explored. The Town adopted a Micromobility Ordinance Ordinance No. 03-19) in anticipation of these devices after witnessing the challenges other communities experienced when not adequately prepared. Equity EVs are becoming increasingly attainable; however, the reality is that there are still financial and cultural barriers to widespread adoption, particularly for low-income individuals and families. There are relatively few reliable used EVs available for purchase, and it may take several years for the used EV market to develop. Although EVs result in cost savings over the lifetime of the vehicle, EVs require reliable access to a charger, which may be challenging for apartment dwellers, renters, and those without garages, as they lack control over whether charging infrastructure can be installed. Additionally, car culture is deeply ingrained in many communities, who may be reluctant to make the transition to EVs because of misinformed perceptions (e.g., a resident assumes there are no public charging stations in Estes Park), or lack of desirable body styles or finishes - this is especially true of car club, ranching, and farming culture. Knowledge and training about adequate maintenance and repairs whether personally or at local service Page | 21 Estes Park EV Infrastruture and Readiness Plan repair shops may not be adequately attuned to the specific needs of EVs. Informal networks of easily salvaged or privately sold/bartered auto parts are also not established and readily available, reducing the potential for DIY EV repair. A typical cost saving measure for some. EVs are currently inaccessible and unaffordable to some of the population and will likely remain so for several more years. In the meantime, the Town of Estes Park should thoughtfully expand the public charging network as needed to continue to serve the widespread adoption of EVs. Exploring ways to increase awareness of residents and visitors and ensuring adequate signage and designated stall markings to indicate the availability of charging infrastructure will support the predicted adoption rate. As charging infrastructure expands, battery capacity increases, and personal habits adjust to the lifestyle of owning a rechargeable car, these barriers will continue to lift for most. The challenge then shifts to the second and third ownership potential as there will be a percentage of the community that will need reliable used models readily available in order to make the shift, as well as the resale value to justify initial upfront costs. Beyond individual ownership, EVs play an important part in solving health issues caused by the exhaust from cars and trucks, which are often felt worst in low-income areas and communities of color. By helping Colorado move toward an EV future, the Town can contribute to addressing this inequity. EV carshare programs can be explored as a way to reduce barriers and increase positive impacts more locally. Estes Park Power and Communications As transportation continues to shift towards electrification, ensuring a reliable, clean source of energy is more important than ever. Estes Park Power and Communications (EPPC) is a Town- owned enterprise that provides safe, reliable electricity at affordable rates in the Estes Valley. In support of EPPC, Platte River Power Authority (PRPA) generates electricity for Estes Park and much of northcentral Colorado and manages the transmission network. In other words, once PRPA generates electricity either through coal-fired power plants, natural gas peaking plants, or hydro, wind or solar farms, and transmits it to the Town of Estes Park’s local network, EPPC operates and maintains the distribution network, connecting every residence, business, and building to the greater grid. In 2018, PRPA made a commitment to generate 100% of its energy from carbon-free sources by 2030. Due to COVID-19, PRPA has delayed the filing of its integrated resource plan until December 2020 to allow for direct engagement with the community. However, in June 2020 PRPA solidified its commitment by announcing that it will shut down its Rawhide Unit 1 coal-fired power station by 2030, effectively ending PRPA’s, and thus Estes Park’s, reliance on coal. Currently, PRPA sources 42.4% of its power from coal, 38.2% from natural gas, and 19.4% from hydro, wind, and solar. By 2021, PRPA anticipates sourcing around 50% of its energy from non- carbon sources, mostly by increasing its wind portfolio. Further investments in solar and battery energy storage systems (BESSs) are likely. Page | 22 Estes Park EV Infrastruture and Readiness Plan EVs and Renewable Energy There is a direct relationship between EVs and renewable energy. Increased renewable energy generation results in reduced emissions at the source of power and at the individual-vehicle level. With more EVs on the road, the demand for energy increases, putting pressure on utilities to decouple from existing carbon investments and pledge that all future energy generation will be carbon-free. However, solar and wind generation is not always consistent due to varying weather. Solar, in particular, generates most significantly throughout the day, oftentimes over- producing when demand is low and under-producing as demand increases in the evening. Being able to control when EV charging occurs, either through incentives, rate changes, or utility- control, presents a unique challenge and opportunity for grid operators. Optimizing when EVs charge helps improve efficient use of the grid – charging when there is less demand and when renewable energy is at its peak allows the utility to provide service to an increasing number of EVs while maximizing existing generating facilities. Fortunately, EPPC has a well-managed system with existing capacity to incrementally absorb not only EV adoption, but also additional rooftop solar, residential battery back-up, new EV charging stations, and building electrification. By balancing peak charging times with peak renewable generation, EVs are the solution to ensuring future grid reliability. Battery energy storage systems (BESSs) are seen as a piece of the distribution grid management, but as the call-out box describes (Technology to Watch: Vehicle- To-Grid), EVs also have the potential to act as mobile storage. This segment of the market is rapidly evolving as battery technology becomes more efficient and utilities are able to amend their regulations to decentralize grid generation and management, eventually establishing microgrids to secure power in key areas and for critical loads. Technology to Watch: Vehicle-To-Grid (V2G) Using a bidirectional or two-way charger, an EV could draw from the grid or home system when it is low and provide power back to the home or grid when needed. Vehicle-to-grid (V2G) or vehicle-to-home V2H) is an EV-related developing technology. At a household level the battery in a homeowner’s EV could connect back to a critical load panel. In the event of a grid outage, the homeowner would be able to provide temporary backup to their critical electrical needs - medical device, limited lighting, refrigeration, communications, etc. The personal or household-level resiliency benefits are a primary driver of V2G and V2H. V2G technology could result in every EV acting as a mobile storage device that the grid could rely on during critical events or to balance capacity demand in real time. One challenge today is most vehicle manufacturers will void their warranty if a vehicle is connected to a V2G or V2H bidirectional charger as the impacts to the longer-term viability of the vehicle battery have not been tested in most models on the road today. It remains to be seen if public pressure combined with more efficient and reliable technology will continue to propel this market forward. Page | 23 Estes Park EV Infrastruture and Readiness Plan Estes Park’s Fleet The Town has a dedicated purchasing agent and a team responsible for the ongoing maintenance and fueling needs of the fleet but otherwise manages vehicles in a decentralized way, empowering individual departments to understand and assess their vehicle needs. This decentralized approach necessitates additional staff training as it relates to EVs and also an increase in awareness of vehicles available to local governments through the state’s bid process. Identifying near term commensurate vehicles to replace has already begun including a couple Subaru passenger vehicles used for local and regional trips without major cargo or storage demands. Additional behind-the-house charging infrastructure should be considered and sited across Town facilities. Installing additional charging ahead of vehicle procurement will reduce challenges with integration. For those vehicles staff store overnight at their personal residence, additional accommodations may be needed, such as reimbursement for electricity costs. It is important to understand who will be driving these vehicles, where and how often in order to properly plan for charging needs. While EVs require large upfront capital costs, their return on investment is made through operational cost savings. EVs require significantly less maintenance due to the simple fact that they do not have an engine. Additionally, fleets will save on fuel costs because electricity is much cheaper than gasoline or diesel. It’s important to factor these savings into long-term strategies to help offset potential concerns about the upfront capital costs. It is important to note that of the departments engaged for this effort all, including the Town’s Police, Events, Public Works, and Utilities Departments were interested and enthusiastic about integrating EVs into their fleet. This support will go a long way to smooth through the minor challenges this shift will bring. Lessons learned from the Town’s fleet electrification process can be extended to Town vendors by sharing best practices or requiring EVs where appropriate. The Town should also consider ways to celebrate and visually acknowledge the Town’s progress. Page | 24 Estes Park EV Infrastruture and Readiness Plan Existing Planning and Policy Framework Land use codes, planning documents, and policies are the guiding forces of implementation and action at all levels of government. Therefore, national, state, and local policies must be aligned to facilitate desired progress. The fifth key recommendation of this Plan includes recommendations to adopt high-level broad policies such as a variation of the GoEV City Resolution in addition to exploring adopting new code sections to require EV charging enabled parking spaces in new multi-family dwellings. These foundational agreed to principles are critical to the success of the programs, campaigns, and implementation described herein. Furthermore, examining Town policies related to fleet vehicles needs to be done periodically as new EVs and ZEVs become available through the state’s bid process. Federal EV Policies, Programs, and Incentives Federal-level policy is by design broad, flexible, and aspirational. Under the Trump administration there has been a shift away from policies to further sustainability efforts and reduce or limit the impacts from humans on the natural environment. Instead, the last four years have included the U.S. dropping out of the Paris Climate Accord, loosening EPA regulations on energy generation emissions, and a roll back of rules aimed at limiting transportation-related emissions. However, new climate friendly policies, including support for EVs are expected with the Biden administration. Below is a list of the current federal initiatives that impact EVs in general and within National Parks: Clean Cities Coalition Network6 The mission of Clean Cities Coalition Network is to foster the economic, environmental, and energy security of the United States by working locally to advance affordable, domestic transportation fuels and technologies. Developed as part of the U.S. Department of Energy's DOE) Vehicle Technologies Office (VTO), the Clean Cities Coalition Network has over 100 local coalitions and reaches more than 16,000 stakeholders annual. Estes Park is supported by the Northern Colorado Clean Cities Coalition based in Fort Collins. Executive Order 13834: Efficient Federal Operations7F Signed by President Donald Trump on May 17, 2018, Executive Order 13834 directs all federal agencies to manage their facilities, vehicles, and overall operations to cut costs, reduce waste, and optimize energy and environmental performance (Office of Federal Sustainability, Council on Environmental Quality, 2020). This executive order replaced two Obama era executive orders that sought to base reduction goals off 2005 levels. Moving away from a reduction goal basis, the new executive order offers guidelines for decision making, increases the flexibility and vagueness of the national goals and metrics as it relates to sustainability. These goals are the foundation on which the National Park Service operates from a sustainability and energy standpoint. Without a stronger national policy, departments and divisions are left to chart their own separate paths. While RMNP is committed to continuing to explore electrifying its fleet of 300+ rolling stock, it could propel more directly and purposefully in that direction with adequate goals and metrics set Page | 25 Estes Park EV Infrastruture and Readiness Plan at the federal level. It remains to be seen but is assumed that under president-elect Biden, the U.S. federal government will move more swiftly and directly to reduce negative environmental impacts of its operations. National Park’s Electric Bicycles Policy Memorandum 19-018 In August of 2019, the Deputy Director of the U.S. Department of the Interior (DOI) issued a memorandum addressing the increase in usage of electric bicycles (e-bikes) in national parks U.S. Department of the Interior, 2019). In summary, the memo permits e-bikes where traditional push pedal bicycles are allowed and bars them from areas traditional push pedal bicycles are prohibited, including wilderness areas. The memo goes on to clarify that the use of a Class 2 e- bike’s throttle is prohibited, allowing only electric pedal assist. Stated explicitly, “the intent of this policy is to allow e-bikes to be used for transportation and recreation in a similar manner to traditional bicycles.” Further regulation of e-bikes has been relegated to the superintendent level including additional park-specific restrictions. Federal EV Tax Credit A $2,500-$7,500 tax credit is available nationally for new EV purchases and is based on the capacity of the battery used to power the vehicle (U.S. Department of Energy, 2020). New electric vehicles purchased after 2010 may be eligible for a federal income tax credit of up to $7,500, assuming sufficient income tax appetite. Phase out of the tax credit begins when 200,000+ vehicles are sold by a manufacturer - Tesla and General Motors (GM) models are no longer eligible for the federal EV tax credit. Changes to this tax credit are anticipated by the Biden administration’s year one legislative agenda, which commits to restoring the tax credit in a way that targets middle class consumers (Biden Harris, 2020). Colorado’s EV Policies, Programs, and Incentives At the state-level in Colorado there has been a lot of activity in recent years around supporting and encouraging the proliferation of EVs. This culminated in the April issuance of the updated Colorado EV Plan 2020 which sets a goal of ushering in nearly a million EVs on the road in the state by 2030. Achieving this goal is supported by state-level policies, programs, and incentives summarized below: LEV and ZEV Standards In November 2018 the Colorado Air Quality Control Commission (AQCC) adopted a Low Emission Vehicle (LEV) standard which set emission requirements for all new light- and medium- duty motor vehicles sold in Colorado beginning with 2022 models (U.S. Department of Energy, 2020). In August 2019, Colorado took the LEV standard one step further, becoming the tenth state to adopt a Zero Emission Vehicle (ZEV) standard, which requires automakers to sell at least 5% ZEVs by 2023 and more than 6% by 2025. ZEVs include not only EVs but also hydrogen fuel cell vehicles. Hydrogen has quickly become the next most progressed vehicle fueling technology, especially for medium- and heavy-duty vehicles including transit. The ZEV standard was widely supported by automobile manufacturers nationwide. While these new policies will Page | 26 Estes Park EV Infrastruture and Readiness Plan take several years to take full effect, combined with clean and renewable energy generation, they will make a meaningful reduction in the amount of emissions generated by the transportation sector. Colorado EV Plan 2020 In 2020, the Colorado Energy Office released the updated the Colorado EV Plan 2020, calling for a “large-scale transition of Colorado’s transportation system to zero emission vehicles, with a long-term goal of 100% of light- duty vehicles being electric and 100% of medium- and heavy-duty vehicles being zero emission.” The plan also sets statewide goals for a public charging network, specifically Level 3 DCFC, and aims to have 940,000 EVs on the road in the state by 2030 (Colorado Energy Office, 2020). Encouraging expansion of public charging infrastructure comes at a critical time, as a 2017 ICCT study found that across major US markets, only one quarter of the public chargers that are needed by 2025 are installed (Nicholas, Hall, & Lutsey, 2019). Programs and Funding The availability of grant and alternative funding for EV infrastructure is greatest at the state level as the state of Colorado was awarded more than $68 million under the Volkswagen Settlement in 2016. This funding has been the basis of several programs the Town of Estes Park has already benefited from including to cover the cost of equipment and installation of the publicly available Level 2 and Level 3 DCFC stations on Town property. Charge Ahead Colorado The CEO and Regional Air Quality Council (RAQC) jointly administer the Charge Ahead Colorado EV charging infrastructure grant program. Charge Ahead Colorado typically has three application rounds per year in January, May and October. The next funding round will open in January 2021. Public and private entities interested in installing Level 2 or DCFC connectors are encouraged to apply. Applications for stations at workplaces, multi-family housing and tourist destinations are of particular interest. Since its inception in 2013, the Charge Ahead Colorado program has made awards for more than 1000 EV charging stations across the state. All of the Level 2 stations on Town property were funded through this program. EV Fast-Charging Corridors Program In Spring 2018, the CEO launched the EV Fast-Charging Corridors infrastructure grant program. Funded through a mix of Congestion Mitigation and Air Quality (CMAQ) Improvement Program and Volkswagen Settlement dollars, $10.33 million was granted to ChargePoint for the installation of 33 Level 3 DCFC stations at designated locations along main travel corridors in Colorado. This project is aimed at tackling one of the major barriers to EV adoption, the lack of Page | 27 Estes Park EV Infrastruture and Readiness Plan publicly available Level 3 DCFCs along major highways. Estes Park was identified along Corridor A, connecting it with Boulder to the southeast and Granby to the southwest, eventually connecting Estes Park as far west as Dinosaur. The Level 3 DCFCs installed at the Visitor Center were funded through this program. Colorado EV Tax Credit For new EVs purchased in the state of Colorado after January 1, 2021, a $2,500 credit can be received with state income tax refund. This amount may be applied at purchase with EV manufacturers if they choose to take assignability. This credit for new EV purchased is scheduled to decrease to $2,000 in 2023. For leased EVs a $1,500 tax credit is available with a 2-year minimum lease. Unused tax credit can be rolled forward to future years. The credit is first applied against the income tax liability of the person who purchases, leases, or converts the qualifying motor vehicle. If the credit exceeds the tax due, the excess credit will be refunded (Colorado Department of Revenue). Regional EV Plans Numerous other cities in the Front Range as well as across the State of Colorado have already established goals regarding EV adoption, including nearby Denver, Fort Collins, and Boulder, with many more planned for completion by the end of 2021. Furthermore, the NCCC recently completed their regional EV plan and are currently implementing. These plans are used to support and supplement the state-wide EV initiatives, which have been increasingly in the spotlight in the last three years since the finalization of the Volkswagen Settlement in 2017. This collective action presents an opportunity for the Town of Estes Park to align with state and regional efforts, in addition to realizing the benefits of vehicle electrification. EV charging infrastructure in particular is best deployed as a regional network, therefore Estes Park must acknowledge the importance of neighboring communities to facilitate those EV visitors more than a single charge worth away from the Town. See Map 2 on the next page for a map of the regional Level 2 and Level 3 charging stations around Estes Park – each green dot represents at least one publicly available Level 2 or Level 3 DCFC connector. Along the Front Range, a plethora of charging options existing. However, north, west, and south of Estes Park there are existing gaps in the public charging network that may be impacting the ability of EV drivers in or beyond these areas from accessing the Town. This highlights the regional approach needed and its impact on Estes Park’s near and long-term infrastructure needs. Page | 28 Estes Park EV Infrastruture and Readiness Plan Town of Estes Park Planning and Policy Framework The Town of Estes Park has successful regulated development using a foundational set of documents ranging from the 1996 Comprehensive Plan to the 2018 Downtown Plan. This section summarizes the key elements of plans and policies the Town has adopted as they relate to EVs. Annual Town Board Strategic Plan In October 2020, the Town Board of Trustees explicitly identified a desire to support EVs within the Town Board Strategic Plan for 2021. Key Outcome Area: Transportation Strategic Policy Statement: We will consider the potential impacts of technology changes, including electric and autonomous vehicles, in all transportation planning. One-Year Objective: Increase use of charging stations and EV tourism. Aligning the Town Board’s strategic priorities with the goals and recommendations of this Plan marks a step towards a modern and less carbon-dependent transportation system. Map 2: Regional Level 2 and Level 3 Charging Infrastructure Source: Alternative Fuels Data Center, https://afdc.energy.gov/stations/#/find/nearest?location=estes%20park,%20co] Page | 29 Estes Park EV Infrastruture and Readiness Plan Adopted Plans Estes Valley Comprehensive Plan (1996) The Estes Valley Comprehensive Plan was jointly adopted in 1996 by the Town of Estes Park and Larimer County to establish the land use, design, management, circulation, housing, economic, and environmental quality of the Estes Valley. Following the Comprehensive Plan adoption, the Town and County jointly developed the Estes Valley Development Code as the implementation arm of the policies. Periodically the Development Code has been updated and is discussed in further detail below. As it relates to this effort, Chapter 5 of the Estes Valley Comprehensive Plan, Mobility and Circulation acknowledges the interconnectedness of the Town and RMNP and the resulting challenges of seasonal traffic and highway congestion. The document makes a clear distinction about the need for downtown to be pedestrian-oriented to support the local economy and access to local services. Due to the age of this document, EVs are not acknowledged, however there is a discussion around the importance of providing multi-modal options, specifically public transit shuttles and an integrated hike/bike trail program. Downtown Plan (2018) The Estes Park Downtown Plan was developed to address challenges and opportunities in the Town’s downtown core. The Plan sets a vision for a more resilient future that benefits the community at large, acknowledging its historic past challenges including natural disasters, economic instability, and variations in visitor numbers. The Downtown Plan provides additional guidance on actions that will further minimize future shocks in order to support a more stable economy. This is a robust policy and design document that the Town is implementing. The Downtown Plan sets forth several proposals for improving resilience from broadening the economic base to strengthening social and cultural networks. The chapter exploring circulation has the most relevance to this EV Plan. It provides recommendations and concepts for circulation, addressing all modes of travel including pedestrians, bicycles, automobiles, and transit. Many of the areas identified for bicycle infrastructure improvements will benefit micromobility devices of all shapes and sizes. Furthermore, improvements to the Town wayfinding signage should extend to EV charging station locations. The chapter discussing parking is also relevant to this EV Plan as it provides guidance on overall parking management and availability which impact existing and future charging stations. 2021 Comprehensive Plan Update In 2021 the Town of Estes Park plans to initiate a comprehensive planning process to update the 1996 Comprehensive Plan currently adopted. This process will allow the Town to craft goals and objectives at the policy level which can inform future planning, budget, and implementation discussions. As a second phase to this project, the Town plans to follow-up with a rewrite of their land use code. Transportation Master Plan Following the Comprehensive Plan Update it is anticipated that a Transportation Master Plan will be developed. This Master Plan will succinctly combine all transportation- related initiatives and plans. Page | 30 Estes Park EV Infrastruture and Readiness Plan Policies and Ordinances Town of Estes Park’s Complete Streets Policy In April 2019 the Town Board of Trustees adopted the Complete Streets Policy drafted by the Transportation Advisory Board (TAB) and Public Works Department staff. This policy establishes practices within the Town’s Public Works Department to support and encourage the development of a multi-modal transportation system. With the goal of ensuring safe, easy, and enjoyable access to shopping, dining, recreation, employment, and other daily destinations, the Town’s Complete Streets Policy seeks to balance the needs of different modes of transportation while supporting local land uses, businesses, and the natural environment. Providing a comprehensive, cohesive, and convenient transportation network for walking, bicycling, other forms of micromobility, and public transit, the Town is positioning itself to encourage active lifestyles, reduce traffic congestion, reduce noise and air pollution, all while improving the safety, wellness, and quality of life for all Estes Park residents and visitors. Complete Streets Policy Recommendations Since adopting the policy in early 2019, micromobility usage including bicycles has increased exponentially. Even though Estes Park does not currently have plans to deploy a shared micromobility program, private ownership has similarly increased, and these devices are already seen in town. Integrating micromobility into the Complete Streets Policy will further the Town’s goals of ensuring a safe, balanced system, and allow the Town to add micromobility-specific provisions including when and where electric motorized mobility devices are permitted. It should be noted that similar accommodations to those being made for bicycles should be extended to all micromobility. Complete Streets Policy and micromobility considerations should be also included in the Master Trails Plan update being led by the Town and EVRPD. Micromobility Ordinance (2019) The Town of Estes Park adopted a Micromobility Ordinance (Ordinance No. 03-19) in March 2019 to regulate the usage of “any small, human or electric-powered transportation solution such as a bicycle, electric assisted bicycle, scooter, electric mobility scooter, electronic personal assistive mobility device, rollerblades, skateboard, or any other small, lightweight vehicle that is being used to move persons for recreational or point-to-point trips within public rights of way or transportation easements.” The Ordinance regulates where devices may be operated, the speed at which devices may travel in different spaces (e.g., in the roadway, on a sidewalk, on a multi-use path). The Ordinance also details restrictions on device operation including barring them from the Riverwalk, and the requirement of a business license to rent devices to the public. Micromobility Ordinance Recommendations In general, the Town’s Micromobility Ordinance is detailed and comprehensive; however, as the Town looks to update their comprehensive plan in 2021, micromobility should be a focus of multi-modal transportation policy discussions moving forward. Despite great efforts by the Town to develop the infrastructure needed to support these devices and their recreation and point-to- point travel, there are several areas in Town where conflicts exist, sidewalks and multi-use trails Page | 31 Estes Park EV Infrastruture and Readiness Plan end without adequate connectivity, and other challenges around operators perceived or actual safety that restrict the widespread usage of these devices. In particular, the Town should look to provide greater access and connectivity for e-bikes as the terrain and year-round recreation offerings in the area are supportive of an increase in usage. Being thoughtful about balancing the needs of residents and visitors is important but know that infrastructure that connects services and needs will always support the circulation of all. New Policies to Explore Adopting GoEV City Resolution The GoEV City initiative and GoEV City Resolution were developed jointly by Clean Energy Economy for the Region (CLEER), Conservation Colorado, Colorado Public Interest Research Group (CoPIRG), Sierra Club, Southwest Energy Efficiency Project (SWEEP), as a step towards creating an integrated, state-wide EV network. With a particular focus on local governments, the Resolution recognizes greenhouse gas emissions from the transportation sector as one of the largest contributors to climate change and acknowledges a responsibility to reduce those emissions through local policy. The Resolution represents a commitment to embrace electric transportation to meet a community's goals to provide cleaner air, more affordable transportation, and leadership for greater EV adoption nationwide. GoEV City Resolution Recommendations Adopt a variation of the GoEV City Resolution and further the Town’s commitment to EVs and reducing transportation-related emissions. Appendix B – GoEV City Resolution includes an Estes Park-specific variation of the resolution further detailing the Town’s commitment to EVs. By adopting the resolution, Estes Park would join other Colorado communities such as Fort Collins, Golden, Summit County, the City of Boulder, Denver, and Boulder County. Estes Park Development Code In March 2020 the jointly developed and adopted Estes Valley Development Code with Larimer County expired and was replaced by the Estes Park Development Code (EPDC). The EPDC is a unified code that establishes zoning and subdivision regulations for the Town. Due to the age of the core of this code (it originated in 1996), the Town will be initiating a full code rewrite following their proposed 2021 comprehensive planning process. To support that effort, the following recommendations provide guidance on how to think about and integrate EVs and EV charging infrastructure into these development regulations. Estes Park Development Code: Primary Recommendations Upon review of the EPDC three primary recommended amendments emerged to better encourage and support EVs and EV charging infrastructure in Estes Park: New land use category for EV charging stations. Currently, EV charging is uncontemplated, but could be interpreted under the broader land use category “Vehicle Services, Limited, Service Station: Any building, land area or other premises used for the Page | 32 Estes Park EV Infrastruture and Readiness Plan retail dispensing or sales of vehicular fuels; ” However, doing so limits where in town charging connectors can be deployed, in particular barring them from those areas most likely lacking and in need of charging infrastructure – downtown, the outlying commercial corridors, office, and multi-family dwellings. Furthermore, by not lumping EV charging infrastructure in with the much more heavily polluting and potentially dangerous gas/diesel service stations, the Town can explore the opportunity to set more tailored standards for EV charging stations such as stall markings and signage (see Image 8 for existing stall emblems and Image 9 for additional stall markings should they be needed). Micromobility parking and usage requirements reviewed with comprehensive plan update. If shared micromobility companies deploy in Estes Park, there will need to be a structure in place to ensure safety, smooth integration, widespread community support, and an incorporation of lessons learned from early adopters. Regardless, private ownership of these devices necessitates the designation of where to ride and park micromobility devices as reflected in the Micromobility Ordinance. As the Town looks to update their comprehensive plan in 2021, micromobility should be an element of the transportation planning effort. Based on feedback during this planning process, some minor tweaks to the Ordinance may need to be made to ensure micromobility is safely and reliably handled within the Town of Estes Park’s transportation ecosystem. Policy adjustments should be paired with education targeted toward likely users, including seasonal workers, visitors, and youth. Aspects to explore related to micromobility include signage to increase visibility of users to drivers and other road users as well as wayfinding signage designed for pedestrian and micromobility users. Signage indicating when multi-use trails veer off or end, distance signage to attractions and areas of interest, and higher visibility signage when micromobility and bicyclists are sharing the road versus in a designated lane. Exploring the placement of additional bicycle and micromobility infrastructure is also necessary. In addition to on- and off-street lanes and multi-use paths, these devices will require infrastructure for securing, storage, and recharging. Ensuring that bike and multi-use racks Image 9: Stall and Curb Paint to Increase Visibility 2019 Electric Vehicle Charging Rebate Image 8: Existing Stall Emblems at Town Hall Photo. Sarah R. Davis] Page | 33 Estes Park EV Infrastruture and Readiness Plan with charging outlets are installed throughout Town will reduce conflicts within the sidewalk, signal to residents and visitors that these modes are encouraged, and provide the peace of mind that these devices will be locked and stored safely and securely. 3-Year Building Code Adoption Cycle. In addition to the above EPDC amendments, the Town should explore adopting building codes on a 3-year cycle, anticipating the to-be released 2021 version, ensuring Estes Park is as EV-ready as possible. Currently the Town is using 2015 which does not contemplate electric vehicles or their infrastructure. Estes Park Development Code: Proposed Electric Vehicle (EV) Related Amendments The following Town of Estes Park Development Code amendments are proposed in conjunction with the Town’s Electric Vehicle (EV) Infrastructure and Readiness Plan (EV Plan). All references relate to the latest version of the Development Code found online in January 2021. Underlined content reflects exact amendment language to be added or edited. The amendments are structured in order following the Development Code. Additionally, thoughts, questions, and side comments are tracked to staff via footnotes. Chapter 4. ZONING DISTRICTS Section 4.3 Residential Zoning Districts - Table 4-1 Add EV Charging Station as a land use category under “Institutional, Civic and Public Uses.”2 Designate “P” permitted by-right in: o Two-Family Residential (R-2) and o Multi-Family Residential (RM) Designate “P” permitted by Special Review in all other Districts. Section 4.4 Nonresidential Zoning Districts - Table 4-4 Permitted Uses: Nonresidential Zoning Districts Add EV Charging Station as a land use category under “Institutional, Civic and Public Uses.” Designate “P” permitted by-right in: o Accommodations/Highway Corridor (A), o Accommodations/Low Intensity (A-1), o Outlying Commercial (CO), o Office (O), o Heavy Commercial (CH), and o Restricted Industrial (I-1). Designate “P” permitted by Special Review in: 2 STAFF: While oftentimes EV charging is contemplated with other auto-related land uses, the existing code lends itself to including this land use with other parking facilities. In a restructured code it will make sense to group EV Charging Station with uses that are similarly managed. Page | 34 Estes Park EV Infrastruture and Readiness Plan o Downtown Commercial (CD).3 Include a citation to Specific Use Standards described below. Chapter 5. USE REGULATIONS Section 5. 1 - Specific Use Standards Electric Vehicle Charging Station. 4 a.Accessibility. All Level 2 and Level 3 EV Charging Stations established as a primary use shall include at least one (1) standard ADA stall enabled with the commensurate level electric vehicle supply equipment (EVSE).5 b.Parking Count. EV charging stations shall count towards the required off-street parking requirements and are not in addition to the required parking. c.Signage. EV charging stations may include signage identifying spaces as restricted parking for EV charging. Regulatory signage, including any parking restrictions, shall be installed immediately adjacent to, and visible from the EV charging enabled parking space. Such signs shall not count towards the aggregate sign area or maximum number of signs per parcel per Chapter 17. Signs. d.Stall Markings. All new Level 3 EV charging stations shall include the Town approved thermoplastic emblem, centered and placed near the opening of the parking space to maximize visibility.6 Section 5.2 – Accessory Uses (Including Home Occupations) and Accessory Structures Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Add EV Charging Station as an accessory use permitted “Yes” in all residential zoning districts.7 3 STAFF: Feel free to adjust to include other areas where the Town wants the option to impose conditions. 4 STAFF: We have included the most frequent use-specific standards here. If there are other aspects of EV charging stations the Town wishes to regulate, this would be a good place to include those standards. 5 STAFF: I was surprised to see the Town not include an ADA accessible stall with the recent public Level 3 DCFC station at the Visitor Center. When I built the Supercharger at the Stanley, we were required by the Building Official to include an ADA stall including emblem and signage. This would be a good best practice for the Town to carry forward. 6 STAFF: Ideally we include the thermo specs somewhere for reference. Where makes the most sense? 7 STAFF: Opportunity here to include any specific standards for accessory EV charging station in residential zoning districts. Page | 35 Estes Park EV Infrastruture and Readiness Plan Add EV Charging Station as an accessory use permitted “Yes” in all nonresidential zoning districts.8 Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Chapter 7. GENERAL DEVELOPMENT STANDARDS Section 7-11 – Off-Street Parking and Loading C. Rules for Computing Parking Requirements. 6. EV Charging Stations. EV charging stations shall count towards the required off-street parking requirements and are not in addition to the required parking. Chapter 13. DEFINITIONS Add: Electric Vehicle (EV). Any vehicle that operates either partially or exclusively by an electric motor instead of a gasoline or diesel engine. “Electric Vehicle” includes battery-electric vehicles and plug-in hybrid vehicles. For purposes of this Development Code, electric bicycles, scooters, and other forms of Micromobility are not considered electric vehicles. Electric Vehicle (EV) Charging Station. means a public or private parking space that is enabled with electric vehicle supply equipment (EVSE) for the purpose of delivering energy to an electric vehicle (EV). EV charging stations are rated and regulated based on levels: a.Level 1. Provides alternating current (AC) energy to the vehicle with a voltage between zero and 120. b.Level 2. Provides AC energy to the vehicle with a voltage greater than 120, up to and including 240. c.Level 3 Direct Current Fast Charger (DCFC). Provides direct current (DC) energy to the vehicle with a voltage greater than 240. Electric Vehicle Supply Equipment (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. 8 STAFF: Opportunity here to include any specific standards for accessory EV charging station in nonresidential zoning districts. Page | 36 Estes Park EV Infrastruture and Readiness Plan Other Areas to be Explored with Full Rewrite The following sections have been flagged for the Town to discuss internally and during the public processes related to the future code rewrite: Chapter 7.5 Landscaping and Buffers Some communities have pursued landscaping requirements particularly for primary land use Level 3 charging stations that have larger equipment associated with their installation. The Town should determine if there is enough future development potential and the likely visual impacts of additional EV charging stations before pursuing amendments. Section 7-11 – Off-Street Parking and Loading Should it be determined through the Town’s upcoming comprehensive planning efforts that there is a desire to prioritize air quality, the Town should consider requiring EV infrastructure with certain new developments, in particular multi-family, hotel/accommodations, and workplace. For now, the above amendments focus on removing barriers and allowing EV infrastructure throughout the community without incentivizing or requiring it. If the development community pushes back on requirements, the Town could consider an incentive in the short-term to spur private investment in EV infrastructure. Some development-focused incentives we’ve seen related to EVs include floor area ratio (FAR) bonus, counting EV enabled spaces 1.5x, and additional height allowances. Stakeholders and Engagement Gathering information from stakeholders and the community helped to understand where the community is from a knowledge and understanding perspective, the performance of the existing charging stations, and the need for future infrastructure. Holding staff and stakeholder interviews throughout the course of this effort provided insight into the knowledge gaps, common misconnections, and potential opportunities within Estes Park. See the full list of stakeholders in Appendix C – Engagement Results. In general, feedback from participants was very positive in their view of EVs and the potential of transportation electrification across Colorado and in Estes Park specifically. During the August 19th TAB meeting and November 4th virtual community meeting topics of discussion included: Increase in Battery Efficiency, Resulting In 300+ Mile Range, Role of Plug-In Hybrids, Siting and Potential Future Infrastructure Build Out, Outreach, Education, And Partnerships, Energy Generation, Environmental Aspects, Transit and Micromobility, Page | 37 Estes Park EV Infrastruture and Readiness Plan Time of Use (TOU) Rates, Zoning, Building Codes, And Permitting, and Signage. Education, awareness, and community dialogue around EVs and infrastructure is paramount to the success of this Plan and will lay the groundwork to ensure widespread acceptance and approval of the recommendations crafted as part of this effort. Early in the project it was evident that a knowledge gap existed within the community around EVs. To jumpstart this shift and what would become the number one recommendation in this Plan, to develop and implement EV education and awareness programs, the Project Team developed an interesting and thought- provoking quiz. Based on the analytics of response trends, we were able to infer that the Town could: 1.Improve its messaging around the location and availability of public charging stations, 2.Increase awareness about the electric trolley, and 3.Inform the public about the different rates available for Estes Power and Communications customers. Using an interactive online format allowed participants to see the correct responses to ten EV- related questions in an effort to increase knowledge in a fun and memorable way. Published on the project website in September 2020, the quiz was completed by over 150 people. The purpose of the quiz was not to see how many respondents would score a 100%, but instead as a way to gauge knowledge gaps while simultaneously striving to fill them. See Appendix C – Engagement Results for the quiz questions and answers, polling questions, and a list of engaged stakeholders. Being creative and innovative during the COVID-19 pandemic was particularly important as state and county public health orders restricted in-person gatherings. Image 10: Landing Page for the Town’s Online, Interactive EV Quiz Page | 38 Estes Park EV Infrastruture and Readiness Plan Implementation Recommendations Through this effort, four major themes emerged and formed the basis of the recommendations for implementation: 1.Education and awareness gaps exist with staff, community, and visitors. 2.Increased quantity and charging level-variety will be needed in the future. 3.Opportunities exist within the Town’s fleet to electrify. 4.Land use, zoning, and building code changes to remove barriers and encourage EV readiness is desired. The following six Key Recommendations are reflective of data analysis, stakeholder and community feedback, Town staff guidance, and known industry best practices. See Appendix A – Implementation Table for more details about a phased approach to implementation. The recommendations are listed below in priority order: 1.Develop and implement EV education and awareness programs. 2.Build and strengthen local and regional partnerships as it relates to EVs. 3.Implement EV charging-focused time of use rates. 4.Adopt a “ZEV first” fleet replacement policy. 5.Adopt codes and policies that support transportation electrification. 6.Expand public charging infrastructure to meet demand. It is also highly recommended that this Plan be updated every five years to ensure information, recommendations, and strategies incorporate new and evolving technologies, policies, and partnerships. Key Recommendations 1. Develop and Implement EV Education and Awareness Programs Public awareness, encouragement, and education are important to the successful implementation of this EV Plan. Ensuring that the public has access to information about the evolving transportation sector will provide residents and visitors a greater understanding of their choices and impacts as it relates to transportation in Estes Park. Examples of the types of public awareness and education programs, campaigns, and offerings include: Using the project website, Town’s social media, and Local Area Marketing District to share information about events and opportunities. Page | 39 Estes Park EV Infrastruture and Readiness Plan In coordination with partners (explored in #2), launch a series of EV education and awareness campaigns focused on residents, local businesses, public sector, and hotels/resorts. Work with Visit Estes Park to integrate EVs into their Summer sustainability campaign, planned for 2021. Increase awareness about the electric trolley in an effort to boost ridership. Hold a design contest for residents, children, and/or businesses to design a vehicle wrap to clearly identify zero emission vehicles in the Town’s fleet. Support the development of a training program at local high schools through their Career Technical Education program and new facility to train mechanics and electricians specializing in EVs and EV infrastructure. Educational Topics to Explore: Charging, Purchasing, Vehicle and Infrastructure Maintenance, Trip Planning, Choosing the Right Rate, and Fleet Integration. Timing: Ongoing. This recommendation should build off the existing project website and materials such as the Frequently Asked Questions. Updates should be made periodically to the approach and particular attention should be made to maximize annual events including National Drive Electric Week held at the end of September. See Appendix D – Education Toolkit for more resources. Funding: The Northern Colorado Clean Cities Coalition (NCCC) is funded and charged with leading education and awareness throughout Northern Colorado as it relates to EVs. The Town should also explore low-cost solutions such as adding information to staff signature blocks during National Drive Electric Week, incorporating fun facts about the electric trolley into onboard messaging (either pre-recorded or by the driver over the intercom system), and working with Visit Estes Park to incorporate EVs into larger tourism messaging. Lastly, the Town should consider leveraging the State’s upcoming education and awareness campaign, expected to launch in late 2021. The campaign will include a toolkit for use by local governments. 2.Build and Strengthen Local and Regional Partnerships Increasing visibility and making EVs and other clean cities technology more approachable is one of the missions of the NCCC whose territory includes Estes Park. From hosting ride and drive events (virtual in times of COVID-19) to facilitating bulk buys of EVs, the Fort Collins-based NCCC is committed to supporting Estes Park and its residents in their journey towards a carbon-free future. Other potential partners exist in Town, other neighboring communities, and across the state to support and roll out education and awareness programs tied to the goals of this Plan. Working closely with RMNP will ensure that infrastructure efforts in town connect to and through RMNP. Estes Park should focus on building and strengthening regional and local partnerships with these entities to ensure the Town is considered for programing, upcoming events, and future pilot projects, including funding. Page | 40 Estes Park EV Infrastruture and Readiness Plan Key Partnerships to Strengthen: Northern Colorado Clean Cities Coalition, Rocky Mountain National Park, Larimer County, Estes Valley Recreation and Park District, Colorado Tourism Office, private landowners with parking availability, developers, and surrounding communities as needed. Timing: Ongoing. This recommendation should build off existing relationships including with RMNP, as well as leverage those connections made through this effort. Leaning on organizations like the Northern Colorado Clean Cities Coalition to support programing and events like bulk purchasing is highly recommended to reduce burdens on staff, local budgets, and to further strengthen regional ties. Funding: Town staff should focus on strengthening existing relationships in order to build momentum and attract potential funding. Building relationships is about being thoughtful, communicative, and open to new ideas. 3.Implement EV Charging-Focused Time of Use Rates Recent studies have shown that widespread EV adoption may reduce utility bills for all customers Frost, Whited, & Allison, 2020). This cost reduction would be a result of increased revenues due to the increase in energy demand from charging in addition to potential benefits from other developing technologies. While the rate of electricity does not fluctuate as quickly or greatly as the price of gas or oil, Estes Park Power and Communications (EPPC) customers have the ability to opt into an electricity rate that varies by time of day, referred to as time of use (TOU). Carving out an EV charging-specific TOU 1rate in Estes Park could help with managing renewable energy surplus and balancing the grid. In addition to residential TOU rates, EPPC should consider TOU rates for commercial customers for Level 2 and DCFC stations. TOU rates would support electrification of larger fleets, such as the Estes Park School District R-3 through the development of strategic charging plans. A larger conversation and initiative between EPPC and Platte River Power Authority (PRPA) is needed in order to make this a reality. EV charging-focused TOU rates are most successful when they incentivize charging at night or early morning when general demand is low and renewable energy from wind is high. This will reduce the need for new generation facilities even as more EVs come online. Timing: Medium-Term. The timing of this is dependent on PRPA and EPPC. As EV adoption increases and more renewables are added to the generation mix, a renewed focus on TOU rates will support residents and reduce the need for new generation facilities. Funding: EPPC staff time will be needed to create EV-specific TOU rates that optimize EV charging by encouraging customers to charge at night. EPPC and PRPA should assess potential impacts to infrastructure, capacity, and demand based on various models of EV adoption ranging from conservative (1-5%) to moderate (20-50%) to aggressive (80%). Additional staff time will be required to develop TOU rate structures for commercial customers. Page | 41 Estes Park EV Infrastruture and Readiness Plan 4.Adopt a “ZEV First” Fleet Replacement Policy To further the goals of this effort and lead by example, the Town of Estes Park should prioritize the adoption of zero-emission vehicles (ZEVs) to the highest extent possible within its fleet. To further raise awareness, the Town could develop a visually recognizable way (e.g., an EV/ZEV vehicle wrap, bumper sticker/magnet, or vehicle sign) for residents and guests to distinguish between EV/ZEV and Non-EV/ZEVs in the fleet. Embracing EVs within the Town’s fleet will both normalize and promote EVs to the general public in a more neutral and demonstrative way. Due to the array of fleet vehicle types and uses, departments exploring carbon-reduction should not feel limited to only EVs. Taking a “zero emission first” approach to procurement will provide flexibility as new technologies achieve different tasks but with the same emission-free result. As of 2020, most EVs on the market are best suited for passenger uses, although light-duty trucks are expected on the market within the next 18 months, and a few heavy-duty equipment manufacturers have been releasing electric equipment since 2016. ZEVs have the added benefit of being much quieter than their diesel and natural gas counterparts in addition to having zero emissions at the tailpipe. Smaller work vehicles used by the Town and for local events should be a high priority, especially if they are typically left idling for periods of time. A few best practices include: Start small and plan big — work on smaller developments like integrating an EV or two at a time while planning larger projects to maintain progress, Identify existing electrical capacity and likely vehicle usage routes, particularly where the vehicle will be parked – for especially challenging use cases telematics data could be used, Analyze battery size and dwell time to guide EV charging infrastructure deployment, and Recognize every facility is different so no one size will fit all. Timing: Ongoing as adequate ZEV replacements are available. This recommendation should be progressed in parallel with the Town’s focus on resiliency, mitigation, and sustainability, likely through the 2021 comprehensive planning process. The Town has already started and should continue to assess those vehicles in its fleet that are up for replacement, with specific focus on passenger vehicles and below. Each department should be evaluated for near-term replacements, those vehicles should be examined based on typical mileage (daily and weekly), where it is stored overnight or when not in operation, and typical functions (i.e., towing capacity or storage needs). Funding: Potential funding sources include grants, energy performance contracting, leases, and the US Climate Mayors purchasing collaborative. 5. Adopt Codes and Policies that Support Transportation Electrification Adopted Estes Park policies, land use code, and building codes are the foundations on which the Town’s intentions are built, providing guidance on priorities, operations, and long-term development. Despite the age of the foundational plans and codes - the Town’s Comprehensive Page | 42 Estes Park EV Infrastruture and Readiness Plan Plan and Land Use Code – Estes Park is poised to undertake a major comprehensive planning process in 2021 followed up a code rewrite. We propose the code recommendations herein be considered within this larger policy discussion and future framework. Policies act as an organization tool and standard for how the Town wants the community to thrive through promoting health and a stable local economy. Changing the code also provides a sense of security that the Town is taking steps towards a permanent fix, and not just something that will phase out. Ensuring a solid policy foundation through the comprehensive planning process will be a major step forward in detailing the Town’s goals for future development. The Town can enact the recommendations below at any time based on political will and staff resources. Below is a list of suggested strategies for how the Town could move forward from a policy perspective: Adopt a variation of the GoEV City Resolution, furthering the Town’s commitment to reducing emissions and increasing the adoption of zero emission vehicles. Adopt the Estes Development Code Recommendations. Explore adding EV-specific signage and parking stall marking requirements to the Land Use Code. Adopt building code updates on a 3-year cycle. Timing: Medium-Term. This recommendation should be progressed in parallel with the Town’s rewrite of the Land Development Code in 2022-2023 following the comprehensive planning process in 2021. In the meantime, the Town should adopt the GoEV City Resolution to further strengthen its commitments. Funding: To the extent possible, roll costs associated with this recommendation into a future contract for the full Development Code rewrite using the code recommendations herein as a starting point. This will require some staff bandwidth to get resolutions and codes adopted. 6. Expand Public Charging Infrastructure to Meet Demand. The Town of Estes Park is well positioned based on prior investments into infrastructure. With the addition of the four Level 3 DCFC stations at the Visitor Center, all manner of trips and EVs can be accommodated; however, as adoption continues to increase and during peak times these stations may become congested. A unique aspect of Estes Park is its limited parking and space constraints for infrastructure. Because the Town owns and operates the bulk of parking facilities in the downtown core, it is likely they will continue to host charging stations as demand increases. There are private market forces at play as well, however private developers will face the same limitations of space and parking availability so timing will be important to reduce conflict with ICE vehicles. Currently charging is not a profitable business in part due to limitations on being able to charge for electricity. While there are a few existing gas stations in town that could convert or add charging stations, if they install Level 2 infrastructure (instead of Level 3 DCFC), they may cause more issues than they solve due to the mismatched use case. Below is additional guidance on when and how additional infrastructure should be built out: Page | 43 Estes Park EV Infrastruture and Readiness Plan Expand and Maintain Level 2 Charging: Ensuring existing and future infrastructure is maintained and any issues are addressed quickly will impact user experience, reliability, and utilization. Concentrating Level 2 connectors near complementary dwell times (more than 2 hours) such as downtown, near workplaces and along the hotel- and retail-heavy corridors will add optionality, increase visibility, and further support increased adoption. The Town has made major strides in this area and should instead focus on supporting and encouraging private landowners to install chargers. As utilization of the Town’s existing Level 2 stations reaches a monthly average of 65%, additional charging capacity should be planned for. Spreading Level 2 connectors out throughout the Town will provide needed optionality, but there could be technical benefits to expanding existing locations. Build Level 3 DCFC as Demand Increases: To quickly extend driving range and enable longer distance travel, a network of Level 3 DCFC is needed. The four new Level 3 DCFC stations at the Visitor Center should be monitored for utilization. If queuing becomes an issue, the Town should look to build out the additional four stations already planned for at the Visitor Center. DCFC is critical to support all-electric vehicles, especially in areas with a high turnover of visitors and with varied terrain and climate such as Estes Park. If there are opportunities to partner with private landowners, especially along major routes into and through the Town, Level 3 DCFC will bring a higher price tag for installation, while also providing EPPC with a revenue stream and EV drivers an efficient charging experience. Timing: Medium- to Long-Term. Timing will depend greatly on demand, but because of the seasonality of the peak(s), more charging infrastructure will be needed as adoption increases. Monitor public charging stations through the software data collection and also anecdotally. If queuing becomes an issue, particularly at the new Level 3 DCFC, explore messaging to encourage those staying for the day to use the Level 2 stations instead. As demand outgrows charging capacity, look to expand. Funding: Federal and state grants including the programs mentioned herein. Focus on supporting and encouraging private investment to reduce financial burdens on the Town. Get creative with future revenue streams from EV charging – consider using a portion to reinvest in more infrastructure, signage, and messaging. Page | 44 Estes Park EV Infrastruture and Readiness Plan Updating the EV Plan Finally, it is recommended that this Plan be updated at least every five years to ensure information, recommendations, and strategies incorporate new and evolving technologies, policies, and partnerships. Keeping this EV Plan current is critical to its and the Town’s ultimate success. This is a rapidly evolving space, predicated on technologies fueled and funded by a competitive environment both on the private side, as well as through regulation and policy. Ensuring that this document is living will allow the Town to stay flexible and adapt to the changing needs of the community as well as evolving developments with technology and transportation. In order to fund future updates, there may be funds available at the state level either through DOLA or CEO, pending availability and grant cycles. Potentially tying this Plan to the to-be-developed Transportation Master Plan will ensure a refresh in the next few years when EV technology is expected to leap, while also integrating this effort into a larger and more comprehensive transportation planning process. Page | 45 Works Cited Biden Harris. (2020). The Biden Plan to Build a Modern, Sustainable Infrastructure and an Equitable Clean Energy Future. Retrieved from Biden Harris: https://joebiden.com/clean-energy/ BloombergNEF. (2020). Electric Vehicle Outlook 2020. Retrieved from BloombergNEF: https://about.bnef.com/electric-vehicle-outlook/ Colorado Department of Public Health and Environment. (2019, December). Colorado 2015 Greenhouse Gas Inventory Update Including Projections to 2020 & 2030. Retrieved from https://drive.google.com/file/d/1TxyoktxCOLFd6CaUKZzeqsKgEIHMjdqt/view Colorado Department of Revenue. (n.d.). Income 69: Innovative Motor Vehicle and Truck Credits for Electric and Plug-In Hybrid Electric Vehicles. Retrieved from https://www.colorado.gov/pacific/sites/default/files/Income69.pdf Colorado Energy Office. (2019, June). Electrical Vehicle Growth Analysis. Retrieved from https://drive.google.com/file/d/1ulRw0Yfjz53nbvBjWQO14z_4jLsqzK4z/view Colorado Energy Office. (2020, April). Colorado Electric Vehicle Plan 2020. Retrieved from https://drive.google.com/file/d/1-z-lNQMU0pymcTQEH8OvnemgTbwQnFhq/view Colorado Energy Office. (2020, October). EVs in Colorado. Retrieved from Colorado Energy Office: https://energyoffice.colorado.gov/zero-emission-vehicles/evs-in- colorado Coren, M. (2019, August 26). The median electric car in the US is getting cheaper. Retrieved from Quartz: https://qz.com/1695602/the-average-electric-vehicle-is- getting-cheaper-in-the-us/ Energetics Incorporated, Clean Communities of Central New York, and The Ithaca- Tompkins County Transportation Council. (2017, February). Charging Station Installation Analysis Tompkins County Plug-in Electric Vehicle Infrastructure Plan. Retrieved from https://tompkinscountyny.gov/files2/itctc/projects/EV/Tompkins%20EVSE%20Insta llation%20Analysis%20FINAL.pdf Frost, J., Whited, M., & Allison, A. (2020, June). Electric Vehicles Are Driving Electric Rates Down. Retrieved from https://www.synapse- energy.com/sites/default/files/EV_Impacts_June_2020_18-122.pdf Hearst Auto Research. (2020). How Much Is an Electric Car? Retrieved from Car and Driver: https://www.caranddriver.com/research/a31544842/how-much-is-an-electric-car/ Page | 46 Lutsey, N., & Nicholas, M. (2019, April 2). Update on electric vehicle costs in the United States through 2030. Retrieved from International Council of Clean Transportation: https://theicct.org/sites/default/files/publications/EV_cost_2020_2030_20190401. pdf Maxwell, A., LeBlanc, B., & Cooper, R. (2020, June 30). Colorado Energy Office: Electric Vehicle Awareness Market Research. Retrieved from Colorado Energy Office: https://drive.google.com/file/d/15dmFXJ5RLT2U2Mc3b1Cfqu8xOTrCqAAi/view McKinsey Center for Future Mobility. (2019, December). The future of mobility is at our doorstep Compendium 2019/2020. Retrieved from https://www.mckinsey.com/~/media/McKinsey/Industries/Automotive%20and%20 Assembly/Our%20Insights/The%20future%20of%20mobility%20is%20at%20our% 20doorstep/The-future-of-mobility-is-at-our-doorstep.pdf Nicholas, M., Hall, D., & Lutsey, N. (2019, January 23). Quantifying the Electric Vehicle Charging Infrastructure Gap Across U.S. Markets. Retrieved from The International Council on Clean Transportation: https://theicct.org/sites/default/files/publications/US_charging_Gap_20190124.pdf Office of Federal Sustainability, Council on Environmental Quality. (2020, November). Executive Order on Efficient Federal Operations. Retrieved from Office of Federal Sustainability, Council on Environmental Quality: https://www.sustainability.gov/eo-efo.html Pless, S., Allen, A., Myers, L., Goldwasser, D., Meintz, A., Polly, B., & Frank, S. (2020, September). Integrating Electric Vehicle Charging Infrastructure into Commercial Buildings and Mixed-Use Communities: Design, Modeling, and Control Optimization Opportunities. Retrieved from NREL: https://www.nrel.gov/docs/fy20osti/77438.pdf Rogers, E. M. (2003). Diffusion of Innovations. 5th Edition. Free Press. Rosner, H. (2020, October 1). A tiny pest helped stoke this year’s devastating wildfires. Retrieved from National Geographic: https://www.nationalgeographic.com/science/2020/10/bark-beetles-helped- stoke-2020-devastating-wildfires/#close Saunders, S., Easley, T., & Mezger, M. (2016, September). Future Climate Extremes in Larimer County. Retrieved from https://www.rockymountainclimate.org/images/extremes/LarimerExtremesFinal.p df U.S. Census Bureau. (2017). OnTheMap. Retrieved from OnTheMap: https://onthemap.ces.census.gov/ Page | 47 U.S. Department of Energy. (2020, November). Federal Tax Credits for New All-Electric and Plug-in Hybrid Vehicles. Retrieved from U.S. Department of Energy: https://www.fueleconomy.gov/feg/taxevb.shtml U.S. Department of Energy. (2020). Zero Emission Vehicle (ZEV) Sales Requirements and Low Emission Vehicle (LEV) Standards. Retrieved from U.S. Department of Energy Alternative Fuels Data Center: https://afdc.energy.gov/laws/12122 U.S. Department of the Interior. (2019, August 3). Policy Memorandum 19-01. Retrieved from https://www.nps.gov/subjects/policy/upload/PM_19-01.pdf U.S. Environmental Protection Agency. (2016, August). What Climate Change Means for Colorado. Retrieved from https://19january2017snapshot.epa.gov/sites/production/files/2016- 09/documents/climate-change-co.pdf Appendix A – Implementation Table Appendix B – GoEV City Resolution Appendix C – Engagement Results Quiz Results Below are the Quiz questions and possible answers including the correct answer in bold. Over the course of the Project, this quiz was viewed by over 200 people and completed by 154 respondents. 1.True or False, electric vehicles (EVs) produce fewer emissions than conventional vehicles. a.True b.False 2.What’s the difference between a plug-in hybrid and a battery (or fully) electric vehicle? a.There is no difference b.A plug-in hybrid looks like a regular car while a battery electric vehicle looks like a vehicle from the future. c.A plug-in hybrid has a battery and a gas tank, while a battery electric vehicle only has a battery. 3.When did the first electric vehicle hit the road in the US? a.1908 b.1890 c.2008 d.1885 4.Where can you find public electric vehicle chargers in Estes Park? a.Museum Parking Lot b.Safeway Parking Lot c.Visitor Center and Town Hall d.Town Fairgrounds 5.How many electric trolleys are in operation in Estes Park right now? a.One b.Two c.Three d.None 6.True or False, you need a specialized license or registration to ride an electric bicycle. a.True b.False 7.An electric vehicle only needs one of the following maintenance jobs done. Which is it? a.Oil change b.New spark plugs c.Belt replacement d.Brake pad replacement 8.What is the best-selling EV model in Colorado? a.Tesla Model 3 b.Nissan Leaf c.Chevy Bolt d.BMW i3 9.What is a Time of Use Rate (TOU)? a.An electricity rate offered by Estes Park Power and Communications that is based on the length of time an electric vehicle is charging. b.An electricity rate offered by Estes Park Power and Communications to incentivize customers to use electricity during specific times, generally during times of otherwise low demand like late at night and early morning. c.An electricity rate offered by Estes Park Power and Communications to disincentivize the use of electricity. 10.True or False, electric vehicles can only be used as commuter vehicles because of their limited range. a.True b.False Polling Question Results Polling Question #1 Have you ever driven a fully electric vehicle? 65 responses; 36 Yes (55.38%), 29 No (44/62%) Polling Question #2 Happy National Drive Electric Week! Please complete this sentence “I will buy an electric vehicle when...” Free Responses: We already own one and would love to drive further with it. It’s the BEST! When they are more affordable. I can drive 4-6 hours on a charge, charging stations are readily available across the country, charging time is less than 30 minutes. I can afford to replace my gas car! I have sufficient funds There are more charging stations My current vehicle is no longer useful. I already have a Tesla modelx and have a Cyber truck on order We have an EV now but it is old so want to get another 1 soon Driving time on a charge More convenient charging places Faster charging Not sure yet, learning When there is not other option? Ready Cheaper – is Tesla coming out with another model that is only $25K? Less expensive options When there is a big truck that goes along way and charges really fast More chagng stations Next generation batteries come out Charging needs to be quicker and more places to charge Want to get another EV – we have 1 Already have one My current lease runs out tesla comes out with a $25,000 car with more than 200 miles of ranges My current car is no longer operable well, I bought a used 2016 Nissan Leaf last summer but I wish there were more fast-charging stations. Polling Question #3 Please complete this sentence “I love electric vehicles because…” Free Response: they don't pollute our air unless the electricity is created by burning fossil fuels. it will reduce greenhouse gases to benefit future generations. they are quiet and do not emit carbon exhaust. they are quiet and don't emit pollutants They are more enviromentally friendly than gas vehicles, efficient and fun. they help keep our air clean! I feel like part of the solution when I drive one they are THE FUTURE of motorized transportation! they are good for the environment save on maintenance Polling Question #4 Will your next vehicle be electric? 1 - yes 1 – no 1 Free Response – “I already own one! Would like to get an e-bike next.” Polling Question #5 How soon do you think electric vehicles will pass the number of gas-powered cars driven in Colorado? The 42 responses summarized in the table below: Notes from Community Meeting EV Plan Meeting, November 4, 2020 from 4:00 – 5:00 p.m. Meeting Attendees: Belle Morris Tom Street Annie Finley Matt Bezark Linda Buehring Trustee MacAlpine Gordon MacAlpine Sheila Gaston Peter Reuman Doug Sacarto Mike Connelly Vanessa Solesbee Christy Crosser Sarah R. Davis Danny Basch Greg Muhonen Unidentified phone caller Judi Smith Tom Maher Peri Query Comments & Questions: Poll #1: Do you own an EV? o 8 no’s and 5 yes’ Just got a Toyota RAV 4 prime (50 mph range) – are plug-in hybrids still good too? Sounded like you preferred pure EVs. Are the new Level 3 free or for charge? Does EP have a time of use rate? What time would be best for TOU rate? Are there adapters for different plugs? From a bike/micro-mobility/golf cart setting, are those allowed on walk/bike paths? Has EP changed its approach? Has RMNP considered any chargers? Tesla owner; Carriage Hills to Lyons is 0 usage due to recharge. Is the Town considering TOU to encourage folks to charge in the middle of the night? Utility financing for community/group purchasing? Especially given PRPA’s aggressive carbon goals. For putting Level 2 chargers at residential locations? can we add this to the plan? Created his own 220 outlet in his garage; can he just plug my vehicle into this? Has a Nissan Leaf two years ago; been on a learning curve ever since then. Can’t get to her dentist and back on one charge. Her back-ups in a recent trip were down; didn’t tell her in the app. This is a big problem. Gordon – want to correct a misunderstanding. Need to keep the pressure on PRPA. 100% renewable…they mean gas, not solar/wind. Have a Leaf and depend on charger in Lyons, which has been turned off. One in the park hardly ever works. Super frustrating to come up to a charger that isn’t working. EV owner – thank you for having this meeting! Great to hear what the Town is doing. Also works for RMNP. They have a few; looking to get more. Worked with NC3 to get a grant for three hybrids plus two charging stations (private use only now). Do anticipate that customers will want more options in the future. Happy to be a conduit into the Park. (Danny B.). Have you considered talking to hotels about their interest; they choose hotels based on where they can charge? List of Engaged Stakeholders Estes Park Chamber of Commerce Estes Park Economic Development Corporation Estes Park Town Board of Trustees Estes Park Transportation Advisory Board Estes Valley Recreation and Park District Larimer County Northern Colorado Clean Cities Coalition Rocky Mountain National Park Local Tesla Owners Club Visit Estes Park Other Stakeholders to be Engaged in the Future Estes Park Cycling Coalition Estes Park Health Estes Park Mountain Shop Estes Valley Fire Protection District Local Businesses Local Developers Local Hotels Outdoor Adventure Tour Operators Appendix D – Education Toolkit Appendix E – Estes Park Development Code Proposed EV Amendments The following Town of Estes Park Development Code amendments are proposed in conjunction with the Town’s Electric Vehicle (EV) Infrastructure and Readiness Plan (EV Plan). All references relate to the latest version of the Development Code found online in January 2021. Underlined content reflects exact amendment language to be added or edited. The amendments are structured in order following the Development Code. Additionally, thoughts, questions, and side comments are tracked to staff via footnotes. Chapter 4. ZONING DISTRICTS Section 4.3 Residential Zoning Districts - Table 4-1 Add EV Charging Station as a land use category under “Institutional, Civic and Public Uses.”9 Designate “P” permitted by-right in: o Two-Family Residential (R-2) and o Multi-Family Residential (RM) Designate “P” permitted by Special Review in all other Districts. Section 4.4 Nonresidential Zoning Districts - Table 4-4 Permitted Uses: Nonresidential Zoning Districts Add EV Charging Station as a land use category under “Institutional, Civic and Public Uses.” Designate “P” permitted by-right in: o Accommodations/Highway Corridor (A), o Accommodations/Low Intensity (A-1), o Outlying Commercial (CO), o Office (O), o Heavy Commercial (CH), and o Restricted Industrial (I-1). Designate “P” permitted by Special Review in: o Downtown Commercial (CD).10 Include a citation to Specific Use Standards described below. Chapter 5. USE REGULATIONS 9 STAFF: While oftentimes EV charging is contemplated with other auto -related land uses, the existing code lends itself to including this land use with other parking facilities. In a restructured code it will make sense to group EV Charging Station with uses that are similarly managed. 10 STAFF: Feel free to adjust to include other areas where the Town wants the option to impose conditions. Section 5. 1 - Specific Use Standards Electric Vehicle Charging Station. 11 e.Accessibility. All Level 2 and Level 3 EV Charging Stations established as a primary use shall include at least one (1) standard ADA stall enabled with the commensurate level electric vehicle supply equipment (EVSE).12 f.Parking Count. EV charging stations shall count towards the required off- street parking requirements and are not in addition to the required parking. g.Signage. EV charging stations may include signage identifying spaces as restricted parking for EV charging. Regulatory signage, including any parking restrictions, shall be installed immediately adjacent to, and visible from the EV charging enabled parking space. Such signs shall not count towards the aggregate sign area or maximum number of signs per parcel per Chapter 17. Signs. h.Stall Markings. All new Level 3 EV charging stations shall include the Town approved thermoplastic emblem, centered and placed near the opening of the parking space to maximize visibility.13 Section 5.2 – Accessory Uses (Including Home Occupations) and Accessory Structures Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Add EV Charging Station as an accessory use permitted “Yes” in all residential zoning districts.14 Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Add EV Charging Station as an accessory use permitted “Yes” in all nonresidential zoning districts.15 11 STAFF: We have included the most frequent use-specific standards here. If there are other aspects of EV charging stations the Town wishes to regulate, this would be a good place to include those standards. 12 STAFF: I was surprised to see the Town not include an ADA accessible stall with the recent public Level 3 DCFC station at the Visitor Center. When I built the Supercharger at the Stanley, we were required by the Building Official to include an ADA stall including emblem and signage. This would be a good best practice for the Town to carry forward. 13 STAFF: Ideally we include the thermo specs somewhere for reference. Where makes the most sense? 14 STAFF: Opportunity here to include any specific standards for accessory EV charging station in residential zoning districts. 15 STAFF: Opportunity here to include any specific standards for accessory EV charging station in nonresidential zoning districts. Chapter 7. GENERAL DEVELOPMENT STANDARDS Section 7-11 – Off-Street Parking and Loading C. Rules for Computing Parking Requirements. 6. EV Charging Stations. EV charging stations shall count towards the required off-street parking requirements and are not in addition to the required parking. Chapter 13. DEFINTIONS Add: Electric Vehicle (EV). Any vehicle that operates either partially or exclusively by an electric motor instead of a gasoline or diesel engine. “Electric Vehicle” includes battery- electric vehicles and plug-in hybrid vehicles. For purposes of this Development Code, electric bicycles, scooters, and other forms of Micromobility are not considered electric vehicles. Electric Vehicle (EV) Charging Station. means a public or private parking space that is enabled with electric vehicle supply equipment (EVSE) for the purpose of delivering energy to an electric vehicle (EV). EV charging stations are rated and regulated based on levels: d.Level 1. Provides alternating current (AC) energy to the vehicle with a voltage between zero and 120. e.Level 2. Provides AC energy to the vehicle with a voltage greater than 120, up to and including 240. f.Level 3 Direct Current Fast Charger (DCFC). Provides direct current (DC) energy to the vehicle with a voltage greater than 240. Electric Vehicle Supply Equipment (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. Other Areas to be Explored with Full Rewrite The following sections have been flagged for the Town to discuss internally and during the public processes related to the future code rewrite: Chapter 7.5 Landscaping and Buffers Some communities have pursued landscaping requirements particularly for primary land use Level 3 charging stations that have larger equipment associated with their installation. The Town should determine if there is enough future development potential and the likely visual impacts of additional EV charging stations before pursuing amendments. Section 7-11 – Off-Street Parking and Loading Should it be determined through the Town’s upcoming comprehensive planning efforts that there is a desire to prioritize air quality, the Town should consider requiring EV infrastructure with certain new developments, in particular multi-family, hotel/accommodations, and workplace. For now, the above amendments focus on removing barriers and allowing EV infrastructure throughout the community without incentivizing or requiring it. If the development community pushes back on requirements, the Town could consider an incentive in the short-term to spur private investment in EV infrastructure. Some development-focused incentives we’ve seen related to EVs include floor area ratio (FAR) bonus, counting EV enabled spaces 1.5x, and additional height allowances. TOWN BOARD MEETING February 9, 2021 Consent Item 6. Adopt the Electric Vehicle Infrastructure and Readiness Plan. Attachment 1 – EV Infrastructure and Readiness Plan Link. Page 44 EV Plan Implementation Table Recommendation #1 Recommendation #2 Recommendation #3 Recommendation #4 Recommendation #5 Recommendation #6 Timing Education and Awareness Partnerships TOU Rate "ZEV First" Fleet Policy Code Amendments and Policy Expand Charging Infrastructure Year 1 (2021) Implementation Focus Focus on the trolley and new Level 3 DCFCs; leverage existing relationships and programs using the Town's website, social media and press releases Continue to strengthen partnerships with NCCC, RMNP, Estes Valley Recreation and Parks District, and others to galvanize resources and leverage existing momentum. Hold preliminary discussions between EPPC and PRPA about EV charging and time of use (TOU) rates. Draft and adopt an Estes Park-specific "ZEV First" Fleet Replacement Policy Adopt the GoEV City Resolution to further pledge support for EVs at the policy level. Monitor usage at existing charging stations; explore data sharing agreement with ChargePoint for new Level 3 DCFCs and/or Tesla for monthly usage of the Superchargers Potential Partners/Lead NCCC, RMNP, Visit Estes Park NCCC, RMNP, Estes Valley Recreation and Parks District, Larimer County EPPC and PRPA Town Staff and support from NCCC Town Board of Trustees ChargePoint and/or Tesla Funding/Bandwidth NCCC has funding to support this recommendation; additional funding could come from the Town's budget, grants, or other similar funds. Investment of Town staff time and resources needed. Investment of Town staff time and resources needed. Investment of Town staff time and resources needed. None needed; resolution is already drafted and included herein. Investment of Town staff time and resources needed to track. Years 2-5 (2022-2025) Implementation Focus Expand awareness about the trolley and existing charging stations - highlight a family's all-electric roadtrip, or a local business taking a strong lead e.g. The Stanley; offer to be a site host for EV test drive events; explore the idea of an annual EV car show or rally. Connect with local businesses, landowners, and developers to bolster privately owned charging infrastructure, including raising awareness about potential funding from the state. Work with PRPA to develop a TOU rate for EV charging that supports increased renewable energy generation. Focus on replacing passenger and smaller vehicles with ZEVs. Adopt code recommendations herein and any others supported through the comprehensive planning process. Develop and implement an ongoing maintenance program for the existing charging stations; this should include at a minimum bi-annual physical inspections of the infrastructure and confirmation of connector output using an EV. Potential Partners/Lead NCCC, Visit Estes Park, Others Local businesses and landowners with parking facilities EPPC, PRPA, NCCC Town Staff with support from NCCC and CEO Community Development Town Staff Funding/Bandwidth NCCC has funding to support this recommendation; additional funding could come from the Town's budget, grants, or other similar funds. Investment of Town staff time and resources needed.Investment of Town staff time and resources needed. Investment of Town staff time and resources needed; will be dependent on budget availability. Investment of Town staff time and resources needed, but should be rolled into the larger code rewrite effort. Investment of Town staff time and resources needed; will be dependent on budget availability. Implementation Focus Increase local awareness of TOU rates and residential charging programs; support efforts to convert private fleets through information sharing. Connect with local businesses, tour guides, and fleet operators to support fleet electrification, including connecting them with NCCC and potential funding from the state. Explore other programs EPPC and/or PRPA can deploy to support residential and commercial charging. Explore vehicle model availability through the state bid to replace trucks, SUVs, and other medium- and heavy-duty vehicles and equipment Refine any code or policies based on the latest technologies and market trends. Explore potential build out of additional 4 Level 3 DCFCs at the Visitor Center Potential Partners/Lead EPPC, PRPA, NCCC, Estes Park Chamber Local businesses, tour guides, and other who operate private fleets - including all vehicle classes EPPC, PRPA, NCCC Town Staff with support from NCCC and CEO Community Development ChargePoint Funding/Bandwidth NCCC has funding to support this recommendation; additional funding could come from the Town's budget, grants, or other similar funds. Will vary based on availability, but likely support from NCCC on evaluation of fleet potential and funding from the state or federal government to support fleet conversion. There may be funding available from the federal or state level depending on the program details - see LPEA for a similar program. Investment of Town staff time and resources needed; will be dependent on budget availability. Investment of Town staff time and resources needed.Through the EV Corridors Program Years 6-10 (2026-2030) - Update EV Plan! ATTACHMENT 2 Page 45 To: Honorable Mayor Koenig Board of Trustees From: Belle Morris, Chair, Transportation Advisory Board Date: January 27, 2021 RE: Letter of Support for Electric Vehicle Dear Honorable Mayor Koenig and Trustees, The Transportation Advisory Board (TAB) supports the process that Town Staff and Electric Vehicle consultant, Sarah Davis, have undertaken to understand Estes Park’s need for Electric Vehicle infrastructure and an effective EV implementation plan. TAB participated in robust discussions about the increasing demand for electric vehicles, updates to codes and how the Town can maximize the existing electric vehicle infrastructure investments such as the electric Trolley fleet and Levels 2 & 3 charging stations. The “EV Infrastructure and Readiness Plan” was thorough and very informing to guide the Town into next steps for effective planning. TAB appreciates the extensive stakeholder engagement and community outreach accomplished by Town Staff and consultant Sarah Davis. Effective efforts through an information website page, interactive quiz, educational survey, on-line polling, social media posting, and a meeting with the community allowed for a dynamic and thorough engagement with the public regarding the value of Electric Vehicle infrastructure in Estes Park. TAB supports the listed recommendations described in the “EV Infrastructure and Readiness Plan” and request the honorable Trustees to enthusiastically follow its guidance. The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the opportunity to provide our recommendation. It is our intention to provide our collaborative decision, after a robust review of an issue. Sincerely, Belle Morris Chair, Estes Park Transportation Advisory Board ATTACHMENT 3 Page 46 Community Development Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 9, 2021 RE: Resolution 11-21, Approving an Extension of the Time Period to Submit the Mountain Wood Townhomes Subdivision Amended Plat to the Town for Recording, Van Horn Engineering and Surveying, LLC, Applicant’s Representative (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Grant an extension to a requirement within the Estes Park Development Code (EPDC) which requires a plat to be submitted for recording within sixty (60) days of Town Board approval. Present Situation: The EPDC, Section 3.9.F.1., reads as follows: Effect of Approval of a Minor Subdivision. Within sixty (60) days of the Board's approval of the minor subdivision, the developer shall submit the minor subdivision final plat for recording. If the minor subdivision plan is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. Per that Section, the applicant’s deadline for the final subdivision plat for the Mountain Wood Townhomes Subdivision Amended Plat was 60 days after the November 24, 2020 Town Board approval. That deadline was January 23, 2021. This was not met due to difficulty obtaining owner signatures. The applicant has requested an extension to the deadline for an additional 60 days, to March 24, 2021 (Attachment 1). Page 47 Advantage: • A subdivision that has been through the required review and approval process will be able to be finalized and recorded. Disadvantage: • None. Action Recommended: Staff recommends the Town of Estes Park Board of Trustees approve the request to extend the deadline to submit the Mountain Wood Townhomes Amended Plat for recording. The extension provides an additional 60 days, with the new deadline being March 24, 2021. Sample Motion: I move to approve Resolution 11-21. Attachments: 1. Resolution 11-21 2. Applicant’s Extension Request Page 48 RESOLUTION 11-21 APPROVING AN EXTENSION OF THE TIME PERIOD TO SUBMIT THE MOUNTAIN WOOD TOWNHOMES AMENDED PLAT TO THE TOWN FOR RECORDING WHEREAS, the Mountain Wood Townhomes Subdivision Amended Plat was approved by the Town of Estes Park Board of Trustees on November 24, 2020; and WHEREAS, The Estes Park Development Code (EPDC), Chapter 3 Review Procedures and Standards, Section 3.9.F.1., requires a minor subdivision plat be submitted to the Town for recording within sixty (60) days from the date of the Town Board’s approval, or the approval shall lapse and be null and void; and WHEREAS, the 60 day time period ended on January 23, 2021; and WHEREAS, the applicant’s representative, Van Horn Engineering and Surveying, LLC, citing difficulty in obtaining owner signature on the plat, has requested the 60 day time period be extended an additional 60 days, through March 24, 2021; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the extension request. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The sixty (60) day extension to the time period to submit a plat for recording, for the Mountain Wood Townhomes Subdivision Amended Plat, is hereby approved, extending the approval period through March 24, 2021. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 49 ATTACHMENT 2 Page 50 ESTES PARK MUSEUM Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Derek Fortini, Estes Park Museum Director Date: February 9, 2021 RE: Resolution 12-21 Approving the 2021 Memorandum of Understanding between the Town of Estes Park, Estes Park Museum and the Estes Park Museum Friends & Foundation, Inc. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE X CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES X NO Objective: Approve the 2021 Memorandum of Understating (MOU) between the Town of Estes Park/Estes Park Museum and the Estes Park Museum Friends & Foundation, Inc., which defines roles and responsibilities of each organization to support one another. Present Situation: The Estes Park Museum Friends & Foundation, Inc. formed in 1992 when the Estes Park Museum became a Town Department. At that time, the organization shifted its role from one focused on governance into a non-profit financial support organization. The Estes Park Museum Friends & Foundation, Inc. raise funds through a variety of efforts to annually finance the Museum’s exhibits, collection care/projects, public programming, select marketing, design costs of the Museum Members triannual newsletter, and special projects. The Estes Park Museum Friends & Foundation, Inc. contributes an average of $20,000-25,000 annually to the Estes Park Museum operating budget. Since 2016, the Estes Park Museum Friends & Foundation, Inc. has engaged in public fundraising for the Estes Park Museum Collection and Research Facility as a special project. As of December 2020, they have raised over $540,000. There have been a number of MOUs between the Town of Estes Park/Estes Park Museum and the Estes Park Museum Friends & Foundation, Inc., beginning in 2009. More recently, it has been the practice to re-sign or address revisions (minor or major) of the MOU at the election of a new president (Estes Park Museum Friends & Foundation, Inc. presidential terms are three years and are not term limited). New CO- Presidents were elected to the Estes Park Museum Friends & Foundation, Inc. Board in 2020, requiring new MOU signatures. The Estes Park Museum took the opportunity to review and revise the language of the previous 2018 MOU based on recommendations of the Town Attorney’s office. Page 51 Proposal: In general, the MOU outlines each organizations purpose, role of support for one another, and individual organizational duties and responsibilities to ensure a successful and beneficial relationship. Advantages: • The MOU clearly defines expectations of the organizations increasing accountability. • The MOU clearly defines duties and responsibilities of the organizations increasing operational and relational efficiency. Disadvantages: • The MOU can be ever-changing and revised at any time, however, this usually only takes place when a new president is elected for the Estes Park Museum Friends & Foundation, Inc. or when major changes take place within either organization and it is necessary to change the MOU to support the changes. Action Recommended: Approval of the 2021 Memorandum of Understating between the Town of Estes Park/Estes Park Museum and the Estes Park Museum Friends & Foundation, Inc. Finance/Resource Impact: None Level of Public Interest Low Sample Motion: I move to approve Resolution 12-21. Attachments: 1. Resolution 12-21 2. 2021 Memorandum of Understating between the Town of Estes Park and the Estes Park Museum Friends & Foundation, Inc. Page 52 RESOLUTION 12-21 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC. WHEREAS, since 1992, after the Estes Park Museum became a Town of Estes Park department, the Estes Park Museum Friends & Foundation, Inc. (EPMF&F) shifted its role from one focused on governance into a non-profit financial support organization; and WHEREAS, within that role, the EPMF&F has consistently committed to financing annual operations and special projects of the Estes Park Museum; and WHEREAS, the EPMF&F has annually worked in partnership with the Town of Estes Park to successfully further the Estes Park Museum’s mission; and WHEREAS, the Town Board wishes to enter a memorandum of understanding referenced in the title of this resolution for the purpose of defining the roles and responsibilities of the relationship between the EPMF&F and the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding 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 53 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND THE ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC. This AGREEMENT ("Agreement") made and entered into the 1st day of January, 2021, by and between: The Town of Estes Park ("TOWN"), a municipal corporation, acting through its Estes Park Museum Division ("MUSEUM"), which includes the Estes Park Museum (and out buildings), Estes Park Museum Annex, Historic Fall River Hydroplant, and the Birch Cabin and Ruins at the Knoll-Willows Centennial Open Space AND The Estes Park Museum Friends & Foundation, Inc. ("FRIENDS"), a Colorado non-profit corporation SECTION 1. REClT ALS. 1.01 The purpose of the MUSEUM is to conduct activities that preserve, share, and respect the unique history of Estes Park; and 1.02 The purpose of the FRIENDS is to support the mission of the Estes Park Museum through fundraising, publications, volunteerism, and special projects and events; and 1.03 The MUSEUM and the FRIENDS desire to coordinate their efforts to fulfill these tnlSSlOnS. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: SECTION 2. DUTIES AND RESPONSIBILITIES OF THE MUSEUM 2.01 The MUSEUM will provide the following in-kind support for FRIENDS activities: telephone service for the Administrative Assistant; photocopying associated with FRIENDS business; and other use of TOWN supplies & equipment as deemed necessary by MUSEUM Staff and appropriate for special events. 2.02 The MUSEUM Director and the FRIENDS Board President will meet annually in conjunction with the TOWN's budgeting process to identify FRIENDS' needs. Unanticipated expenditures will be reviewed on a case-by-case basis. All funding is subject to approval by the Town Board of Trustees. 2.03 The TOWN will provide use of the MUSEUM meeting room/additional space and TOWN rental properties (excluding the Estes Park Events Complex) for FRIENDS' mission appropriate activities, based on availability, without cost to the FRIENDS. ATTACHMENT 2 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Rob Hinkle, Events & Visitor Services Director Date: February 9, 2021 RE: Resolution 13-21 Approving a Memorandum of Understanding with Estes Park Western Heritage, Inc. (Mark all that apply) ☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☒ CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER QUASI-JUDICIAL ☐ YES ☒ NO Objective: Approval of the Memorandum of Understanding between the Town of Estes Park and Estes Park Western Heritage, Inc. to operate the Rooftop Rodeo. This Memorandum was discussed at a Town Board Study Session with the Chairman of Estes Park Western Heritage, Inc. and changes were made to reflect the discussion. Present Situation: No current problems or barriers. Proposal: The major changes to the Memorandum of Understanding: -1.09 The Director and a Town Board member will serve as ex officio members of Estes Park Western Heritage. -1.13 Estes Park Western Heritage will submit a detailed annual report to the Town on December 1st -1.15 Sponsorship tickets must be approved by the Town in writing -6.01 Insurance coverage for only the Rodeo and preparation of the Rodeo -Deletion of the transfer of ownership of service marks registered. That was completed. Advantages: Revises the current Memorandum of Understanding between Town of Estes Park and Estes Park Western Heritage, Inc. for the continued operation of the Rooftop Rodeo. Disadvantages: None Page 61 Action Recommended: Approval of the Memorandum of Understanding between the Town of Estes Park and Estes Park Western Heritage, Inc. Finance/Resource Impact: None Level of Public Interest Low level of interest Sample Motion: I move for the approval of Resolution 13-21. Attachments: 1. Resolution 13-21 2. 2021 Revised MOU with Estes Park Western Heritage, Inc. Page 62 RESOLUTION 13-21 APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING MANAGEMENT OF THE ESTES PARK RODEO WHEREAS, the Town and Western Heritage, Inc. have entered into a memorandum of understanding regarding the management of the Estes Park Rodeo, which was most recently revised on May 24, 2017; and WHEREAS, the Town Board desires to revise and restate the memorandum of understanding. 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 memorandum of understanding 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 63 MEMORANDUM OF UNDERSTANDING REGARDING MANAGEMENT OF THE ESTES PARK RODEO This Memorandum of Understanding Regarding Management of the Estes Park Rodeo ("Agreement") is made and entered into by and between THE TOWN OF ESTES PARK ("Town"), a Colorado municipal corporation, and ESTES PARK WESTERN HERITAGE, Inc. ("WH"), a Colorado non-profit corporation. RECITALS A.The mission of the Town is to provide reliable, high-value services for the benefit of its citizens, visitors, and employees, while being good stewards of public resources and its natural setting. B.The mission ofWH is to promote the western culture and preserve the western heritage of theEstes Valley by producing and supporting activities for the education and enjoyment of its residents and visitors. C.Each year, the Town produces a rodeo ("Rodeo"), sanctioned by the Professional Rodeo Cowboys Association (PRCA), known as Estes Park Rodeo as well as the Rooftop Rodeo and registered as PRCA rodeo 316. D.The Town and WH desire for WH to assist the Town in management of the Rodeo. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1. DUTIES AND RESPONSIBILITIES OF THE Town OF ESTES PARK 1.01 The Town shall maintain and operate the physical facility known as the Town of Estes Park Events Complex at Stanley Park ("Facility"). 1.02 The Town shall provide the following support for WH: a.Use of an office and office support, and supplies as specific to Rodeo; and b.Funding for an annual appreciation and awards event for volunteers of the Rodeo. 1.03 The Town shall have financial and management responsibility for the following elements of the Rodeo: a.The Rodeo itself; b.Rodeo Pre-Show; ATTACHMENT 2 Page 64 2 c. Supporting WH in scoreboard set up and teardown; d. Providing an ambulance service; e. Providing police security as needed; f. Providing a veterinarian; g. Providing contestant purse money, as approved by Town Board, required by PRCA to host the Rodeo; and h. Paying for all contract personnel and their lodging needed to produce the Rodeo in accordance with its agreement with the stock contractor, except as noted in section 2.05. 1.04 The Town shall be responsible for negotiating contracts, with the exception of sponsorship agreements, for the Rodeo. The Town shall consult with WH prior to choosing a stock contractor(s). This consultation is to allow both parties to understand the stock contractor’s needs for the Rodeo, and allow the parties to determine how those needs fit within their individual scope of duties. The Town shall select the contractor pursuant to its contracting policies. 1.05 The Town shall maintain ownership of the Rodeo. a. WH will hold the PRCA committee membership position starting in 2016 and will pay PRCA dues and application fee currently totaling $1,300. b. The Town owns the Rooftop Rodeo Parade and will pay for its associated insurance requirements. WH will help plan and produce the Parade. 1.06 The Town shall receive the following revenues: a. Ticket sales (not to include Behind the Chutes Tours), except as described in section 2.08(e); b. Vendor fees; and c. Convenience fees from internet sales of Rodeo admission tickets. 1.07 The Town reserves the right to utilize WH equipment, except for exempt items as described in the Attachment hereto. Exempt items will be determined by WH. If any equipment item is damaged by the Town, it shall be repaired or replaced by the Town. 1.08 The Town Events and Visitor Services Director (Director) and the WH Board will meet annually in concert with the Town’s budgeting process to identify WH and Town needs. Unanticipated expenditures will be reviewed on a case-by-case basis. 1.09 Two delegates of the Town shall be ex officio members of WH and may participate in membership and board meetings of WH: the Director, and a Town Board member designated by the Town Board as the Town Board Liaison to WH. 1.10 The Town shall be the owner of items and capital improvement projects funded through its budget. Page 65 3 1.11 The Director shall outline capital improvement projects and other appropriate needs of financial assistance from the WH Board. Capital improvement projects shall be defined as projects with a value over $5,000 and over 1 year of useful life. The majority of funding requests by the Director to WH will be made once a year. The Town is responsible for any related project management. 1.12 All duties and responsibilities of the Town set forth in this Agreement are subject to the budgetary process of the Town including appropriations of sufficient funds to perform the duties and responsibilities set forth herein and the administration of the Facility by the Town Administrator or their designee. 1.13 The Town shall have the right to review WH documents and financial records promptly upon request. WH shall prepare minutes of its meetings, as required by law, and shall transmit them to the Town promptly upon request. By December 1 of each year, WH shall also submit a detailed annual report to the Town on WH’s finances, documenting in particular, with supporting narrative, (a) WH’s certification that all WH’s financial records are accurate, (b) that all bookkeeping conforms to generally accepted accounting standards, and (c) that WH has complied fully with all its bylaws; and noting any deviations. 1.14 All sponsorship agreements must be approved in writing by the Town prior to execution by WH to assure all PRCA policies for sponsorships are followed and to verify the Town is not being committed to exclusive or long term agreements or agreements not appropriate for the Town. WH shall promptly send a copy of all such executed agreements to the Director. 1.15 The Town shall supply all event tickets needed for sponsorships at no charge to WH. Any such sponsorship tickets must be approved by the Town in writing. WH shall supply all other items and benefits included in sponsorship packages at no cost to the Town. SECTION 2. DUTIES AND RESPONSIBLITIES OF WH 2.01 WH seeks to further its mission and the mission of the Town by providing funds for capital improvements, including maintenance of such improvements as appropriate, and other appropriate needs of the Facility. For projects it funds, WH shall participate in front-end planning which may include determining the objective, defining the project and identifying funding sources. 2.02 WH shall participate with the Events and Visitor Services staff in strategic planning for the Facility. Page 66 4 2.03 WH shall be financially responsible for sponsoring and producing the following events associated with the Rodeo: a. Specialty Nights at Rodeo b. Mutton Bustin’ c. Hospitality Tent (including equipment) d. Behind the Chutes Tours e. Calf Catch WH shall obtain all required permits and licenses arising from its responsibilities, including but not limited to Special Events Permits and a Special Events Liquor License for the sale of alcohol. All volunteers at these events associated with the Rodeo must be under the direction, supervision, and control of the Town and its employees. 2.04 All events conducted by WH at the Facility must be approved by the Town. 2.05 WH shall provide the following financial support for the Rodeo: a. Full contracting responsibilities and payment to rodeo announcer Andy Seiler. b. Behind the Chutes Tours; responsible for all related expenses. c. Rental of the scoreboard. d. Assistance with funding of equipment related to Rodeo (both anticipated and unanticipated costs). e. Development and production of rack cards and posters. f. Radios, safety vests, and other equipment that may be needed by WH volunteer security team. The role of the team is to primarily staff the various gate entries into the east side of the Facility. WH will engage security to ensure that only PRCA card holders are allowed through back gate (off Community Drive), and that no members of the general public or ticket holders are allowed entry through the east Midway gate. 2.06 WH shall be responsible for providing the following documents to the Town when requested: a. Exempt equipment list; b. A list of all events; and c. Sponsorship agreements with all sponsors. 2.07 WH shall be responsible for and fund the Royalty Program. a. WH shall create and maintain a Royalty Handbook which covers all duties, responsibilities, policies and procedures of the Royalty Program. b. Town will provide the use of Facility for Royalty functions including the annual Royalty Clinic and Tryouts. 2.08 WH shall be entitled to collect all of the following Rodeo-generated revenues: Page 67 5 a. Merchandise sales; b. Sponsorships; c. Behind the Chute Tours; d. Alcohol beverage sales; and e. $1.68 of each Rodeo ticket sold. WH shall use the majority of these funds to market and advertise the Rodeo to the general public in order to increase visitor attendance. This will allow a consistent message with WH’s longtime marketing and advertising efforts to the rodeo community in general and to the Rodeo’s contestants specifically. 2.9 WH shall be responsible to seek lodging for the following individuals during rodeo week as necessary: stock contractor staff, announcer, scoreboard operator, stock contractor, veterinarian, PRCA judges, PRCA photographer, and other contract personnel as required. WH will endeavor to fund this lodging through sponsorships. In the event that WH cannot secure funding for the lodging, the Town will pay for the lodging. 2.10 WH shall assist in preparing the Facility for the Rodeo as requested and directed by the Town or its representative. This includes, but is not limited to, arena preparation (except for the actual ground/arena material), and setup and tear-down of the chutes, fence, pens, hospitality area, arena signs and scoreboard. 2.11 WH shall be responsible for its website and all material thereon, including any other form of electronic or social media, advertising, or other written material produced on behalf of or by WH. Due to the fact that WH is primarily associated with the Town and uses Town facilities, WH agrees that the Town shall be entitled to request removal of any inappropriate or misrepresentative content from its website, social media, or any other printed material involving the Town, the Rodeo, or any other Town sponsored and supervised events. WH shall remove all such material upon request by the Town. The Town hereby disclaims any responsibility for or ownership of the WH website, social media content, or other material produced by or on behalf of WH. 2.12 WH shall be responsible for providing copies of the Town’s adopted Volunteer Manual to all of its volunteers and reviewing the Volunteer Manual with all of its volunteers at least once each year. WH agrees that its volunteers shall follow the requirements and obligations of the Town’s adopted Volunteer Manual when volunteering for all Town sponsored and supervised events as listed in this Agreement. 2.13 WH will not engage in any activity that competes with the Estes Park Rodeo. SECTION 3. TERM OF AGREEMENT Page 68 6 3.01 This Agreement shall commence on its effective date, and will be reviewed on an annual basis by both parties. This Agreement shall continue in effect for each ensuing year unless terminated by either of the parties in accordance with Section 4 below. SECTION 4. TERMINATION 4.01 Either party may terminate this Agreement by providing written notice to the other party on or before February 1 of any year with the termination to be effective on such February 1. SECTION 5. INVALID PROVISION 5.01 Should any part of this Agreement be declared invalid by a court of law, such decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if the invalid portion was never a part of this Agreement when it was executed. Should the severance of any part of this Agreement materially affect any other rights or obligations of the parties hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner satisfactory to the parties. Failing agreement on such amendment, either party may by notice in writing terminate this Agreement under the provisions of this Agreement relating to termination. SECTION 6. INSURANCE AND LIABILITY 6.01 (a) The Town shall provide its Volunteer Accident Medical Plan coverage to WH members when they are volunteers of the Town at the Rodeo, and are actually under the immediate and direct care, custody, control, supervision, and direction of Town employees. To be included in this coverage, volunteers must also, prior to the beginning of the individual’s volunteer activity, be included on a roster of volunteers that WH provides to the Town and must have provided the Town a complete registration form, including any liability waiver or release required by the Town, in the form and manner required by the Town. This coverage shall not extend beyond the days the Rodeo itself is underway as well as the two days immediately preceding the Rodeo, when volunteers are needed for preparation. WH must not allow any individual to volunteer at the Rodeo who does not meet these qualifications for the Town’s Volunteer Accident Medical Plan coverage. b) WH understands and agrees that all other events are WH events. These include, but are not limited to, PBR and the Barrel Racing Series. WH shall provide its own medical insurance to its officers, contractors, employees, and volunteers for such other events. WH’s volunteers are not volunteers of the Town for these events. Page 69 7 c) Except as covered by the Town-provided medical plan as described above, WH shall indemnify and save harmless the Town, and its agents and employees, from any damages or claims by WH’s officers, contractors, employees, and volunteers (including any individuals it allows to volunteer at the Rodeo), arising out of or relating to WH’s activities under this Agreement, and is solely responsible for all such liability. For all WH events using Town facilities, WH agrees to insure said events to the satisfaction of the Town and to provide Certificates of Insurance to the Town prior to the events pursuant to Town policies. WH shall also provide proof of Directors and Officers liability coverage promptly upon request. SECTION 7. INDEMNIFICATION 7.01 WH agrees to indemnify and hold harmless the Town from any claims, loss, damage and/or injury caused or allegedly caused by the negligent act or omission of WH its volunteers, employees, members, officers, contractors, or agents. Said indemnification shall include all reasonable attorney’s fees and costs incurred by the Town resulting from said claim, loss or damage. SECTION 8. COLORADO GOVERNMENTAL IMMUNITY ACT 8.01 The parties hereto understand and agree that the Town and its officers, employees, volunteers, and agents are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10- 101 et seq., as from time-to-time amended, or otherwise available by any other provision of law. SECTION 9. General Provisions 9.01 Assignment. Neither party to the Agreement shall, directly or indirectly, assign or purport to assign this Agreement or any of its rights or obligations in whole or in part to any third party without the prior written consent of the other party. 9.02 No Waiver. The failure of either party to enforce at any time any of the provisions or rights, or to exercise any elections provided, shall in no way be considered to be a waiver of such provisions, rights or elections or in any way affect the validity of the Agreement. The failure to exercise by either party any of its rights herein or any of its elections under the terms or conditions herein contained shall not preclude or prejudice it from exercising the same or any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. 9.03 Complete Agreement. This Agreement is the complete Agreement of the parties; may be amended or modified only in writing; and supersedes, cancels and terminates any and all Page 70 Page 71 ByMC!f:1 Chairman of theBoard Date:. z-z 1 2-02, /TOWN OF ESTES PARK By __________ _ Wendy Koenig Page 72 ESTES PARK WESTERN HERITAGE, INC. By Mark Purdy Chairman of the Board Date: TOWN OF ESTES PARK By Wendy Koenig Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 10 Page 73 Attachment Items WH owns that would not be available to Town are items that are used for the rodeo hospitality tent. These items consist of item used to store, serve and prepare food. Examples would be coolers, utensils, tables, serving pans, freezer, and other associated items. Two boxes of six seats –Box 43 and 45 - will be reserved for VIPs, visiting rodeo committees, Town management, etc. The Town controls these tickets and may assign these seats without charge. WH may request assignment to specified individuals. Page 74 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 3. ORDINANCE 03-21 APPROVING THE SECOND AMENDMENT TO THE LEASE AGREEMENT FOR THE PROSPECT MOUNTAIN RADIO SITE. 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 75 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 76 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Captain Pass Date: February 9, 2021 RE: Ordinance 03-21 Approving a 5-year Extension to a Lease Agreement for the Prospect Mountain Radio Site (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve the Second Amendment to the Lease Agreement with Heron, LLC for the Prospect Mountain radio tower site, used non-exclusively by the Town of Estes Park to operate radio transmission and reception systems. Present Situation: Since 2010, the Town of Estes Park has held a Lease Agreement with Heron LLC for a portion of parcel 3536000005 (Legal Description: SW ¼ of the NE ¼ of Section 36, Township 5 N Range 73 W). Leasing the site allows the Town to operate essential radio communications and disseminate public information, including AM radio emergency information. Currently, the Town operates six (6) radios in the Bureau of Reclamation premises and one Highway Advisory Radio System (“HAR”) radio nearby on the Heron LLC property, which was installed in 2015. The Lease also grants the Town vehicular access across the Lessor’s property and storage of equipment on site. The original Lease Agreement was dated January 12, 2010 and the First Amendment was dated May 26, 2015. The Lease Agreement, which expired on December 31, 2020, provided the option to extend the lease for “... two (2) additional five (5) one (1) year periods.” Proposal: The Town and Heron LLC wish to extend the lease through the Second Amendment presented here. This agreement renews the lease for 2021, and provides that, unless terminated by either the Lessor or Lessee, this Lease shall automatically be renewed on an annual basis for successive one (1) year terms until December 31, 2031. The Second Amendment also provides the Lessor with a corresponding right to terminate the Lease. Page 77 The project will be managed by the Police Department, and the lease has been budgeted for 2021. As per paragraph 3 of the First Amendment to the Lease Agreement, the Town’s annual rent will increase by 3% on January 1, 2021. Rent for 2020 was $4,643.51, and will increase to $4,782.81 for 2021. Additionally, the First Amendment to the Lease provides that rent shall increase or decrease by $671.50 for any new radio systems installed at the site. No new radio systems are proposed at this time. Advantages: • Continuity of emergency communications for the Police Department to protect health and safety; • Continuity of operational (and emergency) communications for the Utilities and Public Works Departments; and • Dissemination of public information within the Estes Valley and nearby highway corridors. Disadvantages: • None identified. Action Recommended: • Approve and sign the Second Amendment to the Lease Agreement, with an effective date of January 1, 2021; and • Approve Ordinance 03-21. Finance/Resource Impact: The total amount of the lease will be divided among departments. Facilities will absorb 12 %, Police Department and Emergency Management fund will absorb 49%, Street Department will be responsible for 6%, Power and Communications percentage is 23%, Water Department will be responsible for 9% and the Fleet Department 2%. Each will be under the 24-02 line item of lease. Level of Public Interest Low interest, but high importance. Sample Motion: I move for the approval/denial of Ordinance 03-21. Attachments: 1. Ordinance 03-21 2. Second Amendment to the Lease Agreement 3. Lease Agreement fully executed on January 12, 2010 4. First Amendment fully executed May 26, 2015 Page 78 ORDINANCE NO. 03-21 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE LEASE AGREEMENT FOR THE PROSPECT MOUNTAIN RADIO SITE WHEREAS, a Lease Agreement dated January 12, 2010 entitled the Town to non- exclusive use of the Prospect Mountain radio site and to use the access road for the operation of radio transmission and reception systems owned by the Town; and WHEREAS, the Town and Heron, LLC, the lessor, entered into a First Amendment to the Lease Agreement on May 26, 2015, modifying and continuing the Lease Agreement; and WHEREAS, the Town of Estes Park desires to enter a Second Amendment to the Lease Agreement with Heron, LLC, to extend the Lease Agreement further and prevent its expiration; and WHEREAS, this Lease Agreement is necessary for emergency and operational telecommunications purposes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Town Board approves, and authorizes the Mayor to sign, the Second Amendment to the Lease Agreement in substantially the form now before the Board. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2021. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk ATTACHMENT 1 Page 79 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 80 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment") is effective the 1st day of January 2021 between Heron, LLC ("Lessor") and the Town of Estes Park ("Lessee"). RECITALS 1.Lessor and Lessee entered into a Lease Agreement dated January 12, 2010, for the purpose of leasing property on the Prospect Mountain radio site near the Town of Estes Park for the right of Lessee to install and operate radiotransmission and reception systems. 2.Lessor and Lessee executed a First Amendment to Lease Agreement on May 26, 2015 ( collectively the "Lease") to capture unpaid rent, and also to include new improvements installed by the Lessee at the Prospect MountainCommunications site, but not in its described premises. 3.The parties desire by this Second Amendment to clarify the Term, but also to provide the Lessor with a corresponding right to terminate the Lease. The noticeaddresses in the Lease are also updated by this Second Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lease is amended as follows: 1.Paragraph 3, of the Lease (TERM) shall be replaced in its entirety as follows: The term of the Lease began on January 1, 201 O; continued through December 31, 2020; and is hereby extended for an additional one (1) year termcommencing on January 1, 2021. Unless terminated by either the Lessor orLessee as described below, this Lease shall automatically be renewed on an annual basis for successive one (1) year terms until December 31, 2031. The Lessee and Lessor may terminate this Lease by providing written notice to the other party, not less than six (6) months prior to the end of the term. 2.Paragraph 8 of the Lease (NOTICES) shall be replaced in its entirety as follows: NOTICE. All notices required or permitted hereunder shall be in writing and shall be deemed given if mailed, certified or registered mail, return receipt requested, or sent by overnight carrier to the following addresses: 1 ATTACHMENT 2 Page 81 2 If to Lessor to: Heron, LLC c/o Christian Hill CPA, LLC 1204 Graves Avenue Estes Park, CO 80517 With a copy to: Ann S. Closser, Site Manager Prospect Mountain Communications Site 2830 Heidelberg Drive Boulder, CO 80305 If to Lessee to: Town of Estes Park 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 Or if a more current address or name has been given to the other party in writing, to such other address or name. 3. A new Section 19 shall be added to the Agreement as follows: 19. FINANCIAL OBLIGATIONS All Lessee’s financial obligations under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the Lessee’s credit, or a payment guarantee by the Lessee to the Lessor. 4. The effective date of this Second Amendment shall be January 1, 2021. 5. All other terms and conditions of the Lease Agreement will remain in full force and effect unless specifically modified or amended herein. Page 82 3 LESSOR: LESSEE: HERON, LLC Town of Estes Park By:_______________________________________________________________________________ _ By:_______________________________________________________________________________ _ John Heron, Managing Member Wendy Koenig, Mayor ATTEST: APPROVED AS TO FORM: Page 83         K>@J}D84J8}4=I98E8FK}Zn}TbpThTS}Zbpd}pYZn} %}3}"}SOz}dU}Aju|$ }PTpwTTb} BG>F}4}?8IGF} HThndbO`}ITfhTnTbpOpZvT}dU}pYT}:npOpT}dU}IG59IK}>9IGF }_Tnndh }ObS}K?8} KGNF}G;}8JK9J}H4IC}6GDGI47G} DTnnTT } KYT}fOhpZTn}OXiTT}On}W``dwn0}         KYT}DTnnehn}Sd}YThTPz}`TOnT}pd}pYT}DTnnTT}pYT}hZXYp}pd}efThOpT}hOSZd}phObnaZnnZdb}ObS} hTRTfpZdb}nznpTan}`dROpTS}Zb}PtZ`SZbX}ObS}pdwThn}dwbTS}Pz}pYT}Kdwb}dU}8npTn}HOh^}pYT}FOpZdbO`} HOh^}JThvZRT}ObS}pYT}LJ}5thTOt}dU}ITR`OaOpZdb}O``}`dROpTS}eb}`ObS}dwbTS}Pz}pYT}DTnndh2}OcS}pd} tnT}pYT}ORRTnn}hdOS}ORhdnn}pYT}DTnndl}fhdfTmz}Wh}ZbXhTnn}ObS}TXhTnn}fthfdnTn}O``}`dROpTS}db} pYT}HhdnfTRp}EdtbpOZb}hOSZd}nZpT}bTOh}8npTn}HOh^}DOhZaTh}6dtbpz}JpOpT}dU}6d`dhOSd}ObS}O``} ntP]TRp}pd}pYT}W``ewZbX}pThan}ObS}RdbSZpZdbn1}   KYT}DTnnTT}nYO``}PT}TbpZp`TS}pd}bdbTxR`tnZvT}tnT}dU}pYT}nZpT}Wh}dfThOpZdb}dU}phObnaZnnZdb}ObS} hTRTfpZdb}dU}hOSZd}RdaatbZROpZdb}nznpTan}`ZnpTS}Zb}8xYZPZp}4}ObS}ORRTnn}pd}pYT}nZpT} KYT}nZpT} nYO``}db`z}PT}tnTS}Wh}pYT}ZbnpO``OpZdb}dfThOpZdb}ObS}aOZbpTbObRT}dU}RdaatbZROpZdb}TgtZfaTbp!}    KYT}pTha}dU}pYZn}`TOnT}nYO``}PT}Udh}pTb} }&$ }dbT} }& }zTOh}fThZeSn}RdaaTbRZbX}db}pYT}U\hnp}SOz}dU} BObtOhz}($&$}ObS}TbSZbX}db}pYT})&SOz}dU}7TRTaPTh}($($} KYT}Kdwb}oYO``}YOvT}pYT}hZXYp}pd} pThaZbOpT}pYZn}`TOnT}OXhTTaTbp}Pz}XZvZbX}DTnndh}nZxpz} ,$ }SOzn}bdpZRT}Zb}whZpZbX}fhZdh}pd}pYT}TbS}eU} Obz}RO`TbSOh}zTOh} @b}nOZS}TvTbp}pYZn}`TOnT}nYO``}pThaZbOpT}db}7TRTaPTh})&dU}pYOp}zTOh} KYT} DTnnTT}nYO``}YOvT}pYT}efpZdb}pd}TxpTbS}pYZn}`TOnT}Wh}sd} ( }OSSZpZdbO`}U\vT} + }dbT} & }zTOh}fThZdSn} KYT}DTnnTT}nYO``}XZvT}pYT}DTnndh}whZprb}bdpZRT}dU}Zpn}ZbpTbp}pd}TypTbS}pYZn}`TOnT}Op}`TOnp}nZx} , } adbpYn}fhZdh}pe}pYT}POnT}pTha}dh}Obz}TxpTbSTS}pTha}ntRY}bdpZRT}pd}PT}Zb}whZpZbX}ObS}ST`ZvThTS}pd} DTnndhn}Op}pYT}OSShTnn}nfTRZUZTS}Zb}HOhOXhOfY}.}YThTdU} @b}pYT}TvTbp}pYOp}pYZn}`TOnT}Zn}TxpTbSTS}Wh} pYT}OSS[pZdbO`}fThZdS}O``}pThan}ObS}RdbSZpZdbn}dU}pYZn}`TOnT}nYO``}hTaOZb}Zb}UdhRT}ObS}TVTRp}    Mfdb}pYT}RdaaTbRTaTbp}SOpT}ObS}ObbtO``z}pYThTOUqTh}pYT}DTnnTT}nYO``}fOz}pYT}DTnndhn}On} hTbp}pYT}nta}dU}<dth}KYdtnObS}KwTbpz}FZbT}7d``Ohn}ObS}bd#&$$} *$(/$$ }ObbtO``z} hTbp{} ITbp} nYO``}PT}fOzOQ`T}db}pYT}UZhnp}SOz}dU}TORY}&(adbpY}fThZdS}Zb}OSvObRT}pd}pYT}DTnndhn}Op}pYT} DTnndhn}OSShTnn}kRZpTS}Zb}HOhOXhOfY}.}YThTdU } KYT}hTbp}nYO``}ZbRhTOnT}dh}STRhTOnT}Pz},-'+$} ObbtO``z}Udh}TORY}hOSZd}nznpTa}ZbnpO``TS}dh}hTadvTS}Uhda}pYT}nZpT}Zb}OSSZpZdb}pd}pYdnT}`ZnpTS}Zb} 9xYZPZp}4}           Gf  bJ^Kf L c MNOHP _ QR !"S#$%&'TUIV()W*+',-`./FC0Xd12Q3Yf ZEDa4[567eT89: ]f ;<\=>?@ AB $77$&+0(17 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment") is effective this -'-(p day of YY\A'( , 2015 between Heron, LLC ("Lessor") and the Town of Estes Park ("Lessee"). RECITALS 1.Lessor and Lessee entered into a Lease Agreement dated January 12, 2010, forthe purpose of leasing property on the Prospect Mountain radio site near theTown of Estes Park for the right of Lessee to install and operate radiotransmission and reception systems. 2.In January 2015, the parties discovered that the rent as set forth in the Lease Agreement had not been paid except for one payment of $3,951.60 on January1, 2011. 3.The Lease Agreement contained a provision for a CPI increase payable uponwritten notice of the appropriate amount from Lessor to Lessee. No notice of anyCPI has been sent by the Lessor to the Lessee. The parties agree that no CPIincrease payment is owed by Lessee. 4.In 2014, Lessee installed its Highway Advisory Radio System and Antenna onthe Prospect Mountain site, but not in the premises specified in the Lease Agreement. 5.The parties desire by this First Amendment to address the payment of rent due inthe Lease Agreement, the installation of the radio system, antenna, and conduit,the relocation of said facilities, and addressing future rent increases. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lease Agreement shall be amended as follows: 1.Paragraph 1 of the Lease Agreement shall be amended by the addition of thefollowing paragraphs: The Lessor does hereby also lease to the Lessee ground space for its Highway Advisory Radio System ("HAR") which includes a support pole and whip antenna ("Antenna") and the necessary easement for its cabling contained within conduit ("Conduit'') from its Antenna to the Bureau of Reclamation Building ("Easement"). Collectively the Antenna, Conduit, and Easement will be known as the "HAR Premises". An illustration of the Antenna as well as the 1 ATTACHMENT 4 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99       Page 100 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 9, 2021 RE: Interview Committee for the Estes Park Planning Commission (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the open position on the Estes Park Planning Commission. Present Situation: The Estes Park Planning Commission consists of five volunteer community members. The commission currently has one vacancy. The Town Clerk’s Office has advertised the opening and currently has received one application as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the Board position. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 101 Level of Public Interest: Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Estes Park Planning Commission interview panel. Attachments: None. Page 102 ESTES PARK MUSEUM Report To: Honorable Mayor Koenig Board of Trustees Through: Travis Machalek, Town Administrator From: Derek Fortini, Museum Director Date: February 9, 2021 RE: Estes Park Museum: 2020 Annual Report Report: Background The Estes Park Museum cultivates a passion for Estes Park History. Each year strategic initiatives are developed by Museum staff in consultation with the Assistant Town Administrator addressing goals beyond ongoing annual operations. The initiatives are derived from community interest and staff proposals that further the Museum’s mission to conduct activities that preserve, share, and respect the unique history of Estes Park. Initiatives are aligned with department resources and put into context within outcome areas. The overall Strategic Initiatives Outcome Areas align with Town Strategic Goals: 1) Preserve History (Town Strategic Goal: Outstanding Community Services) 2) Share History (Town Strategic Goal: Exceptional Guest Services) 3) Operational Excellence (Town Strategic Goal: Governmental Services and Internal Support) 2020 Strategic Initiatives Met • Concluded Birch Ruins preservation/interpretation project (2018 State Historic Fund Grant, final report submitted January 2021) • Digitized newspapers from 1948 – 1965 • Secured funding for next phase of newspaper digitization • Museum Annex: Added partition wall for division of public and staff space • Continued processing artifact move (cleaning and rehousing artifacts; along with database entry/revisions) • Refined collection through deaccession (the legal and ethical removal of artifacts from the collection). This was planned to be completed with additional staffing provided through an IMLS Grant that was not received. This project will be taken on by reprioritizing current staff resources and will begin in 2022. Page 103 • Collaborated with Events to work on Stanley Park Master Plan CIP o The Museum has opted to pursue enhancements of the Museum Annex building (primarily through the Estes Park Museum Friends & Foundation, Inc.) to create an ideal professional Collections and Research Facility in lieu of pursuing the Stanley Park Master Plan • Established Cobb-Macdonald Cabin Revamp plan • Continued Historic Boyd Building temporary exhibit: o Now We Are Very Modern: Estes Park during the 1920s; on display from Dec. 2019 – TBD (The Museum will keep this exhibit on display upon re-opening the gallery) • Updated 5-year temporary exhibit schedule • Completed updates to Permanent Exhibit o Planned updates took place in 2020 and should be complete in 2021 • Explored/Budgeted Hydroplant re-brand and new exhibit • Identified upcoming conferences and development opportunities that require an increase in professional development budget and make appropriate plans o Staff took advantage of the virtual conference offered by the American Association for State and Local History • Worked with Town Facilities to ensure professional maintenance of historic structures (This includes the Historic Boyd Building, Cobb- Macdonald Cabin, Birch Ruins, Birch Cabin, Historic Fall River Hydroplant, Hydroplant Cottage serving as welcome center, Hydroplant Cottage serving as employee housing) o Staff provided Facilities with the appropriate informational paperwork to be included in the Facilities Master Plan 2020 Strategic Initiatives not met Many of the following goals are ongoing and began in 2020, but have not been completed: • Finish processing local history collection from Estes Valley Library o Ongoing through 2022 • Complete backlog of donations from outstanding years • Complete Annex Research space • Add play/exterior property enhancements with Parks o Because of Parks staffing shortages in 2020, this will take place in 2021 • Open Historic Fall River Hydroplant Thursday-Saturday, 1-4 p.m. o Deferred to when this can safely take place with COVID-19 • Create a process for assigning insurance values of artifacts o Deferred to 2021 • Develop a Collections Plan o Deferred to 2021 • Cobb-Macdonald and Boyd Building signs o Deferred to 2021 Page 104 Attendance Comparison Venue 2016 2017 2018 2019 2020 Cumulative 2016-2020 Estes Park Museum Gallery 4,653 3,533 3,6282 3,8233a & b 7186 16,355 Paid Meeting Room Use 3,140 901 100 100 30 3,460 Estes Park Museum Programs and Tours 2,849 2,296 2,159 2,2914 7127 10,307 Historic Fall River Hydroplant 1,247 1,176 1,007 2695 06 3,699 Total 11,889 7,095 6,894 6,483 1,460 33,821 1. In order to better prioritize scopes of services, Policy 1202 Museum Fee Philosophy was revised in August of 2017 to allow public rentals that last longer than 5 consecutive days for $100 per day. Since 2017, there is typically one group (an outdoor wilderness first responder course) that rents the Museum multiple times a year with an average of 25 participants each rental. 2. The Museum gallery was closed to prepare for the remodel project and to move artifacts for April-May, and October-December in 2018. In all, the gallery was open seven complete months. 3. Gallery attendance was affected by: a. Gallery was open May 31-Dec 28, 2019 (due to remodel Jan-May) b. Gallery hours were revised to Wednesday – Saturday, 10-4 pm year- round (as opposed to May-October Tuesday-Saturday 10-4 pm, Sunday 1-4 pm and Nov – April Friday and Saturday 10-4, Sunday 1-4 pm) 4. To better capture Museum initiated programs and tours, beginning in 2019, the numbers in this column will no longer reflect any Estes Park Museum Friends & Foundation, Inc. programs or tours (such as the 4th of July Coolest Car Show). To provide a more accurate comparison, 2016-2018 in the row for Programs and Tours have been revised. 5. In an attempt to manage workload, the Hydroplant was opened by appointment only in 2019. This effort created more of a time burden on staff so future hours will be Thursday – Saturday, 1-4 pm with docent led tours at Page 105 1, 2, and 3 pm. Staff analyzed the times/days tours were requested in 2019 to establish the most popular times for future hours. 6. The Museum closed to the public on March 15, 2020 due to COVID-19 and did not reopen in 2020. The Historic Fall River Hydroplant did not open in 2020 due to COVID-19. 7. This included 394 “in-person” program attendees before the closure and 318 YouTube views of virtual program presentations and recordings. 2020 Collaborations: Estes Park Museum Friends & Foundation, Inc. • Continued to collaborate on the capital campaign for the funding to convert the Museum Annex into an ideal Collections and Research Facility o Sale of Paver Stones o Sale of Museum Friends publication Estes Park and Rocky Mountain National Park: Then and Now: Revised Edition • Newspaper Digitization (see below) Other Town of Estes Park Committees that Museum staff serve on: • Web Team • Insurance Committee • Customer Service Team • Volunteer Coordination Team • 2020 Employee Retention Focus Group Estes Valley Library District • Digitized roughly 17 years-worth of local newspapers (1948-1965). This is a multi-year project that will end when the local newspapers are digitized to the current year. Digitized, keyword-searchable files are available on the Colorado Historic Newspaper Collection website (coloradohistoricnewspapers.org). The project is funded with an annual commitment of $5,000 from the Estes Valley Library District, $5,000 from the Estes Park Museum Friends & Foundation, Inc., and $5,000 from the Town of Estes Park. Outside Funding in 2020: • Grants o IMLS Grant for a 3-year Collections Deaccession Assistant was applied for in 2019, but was not awarded • Estes Park Museum Friends & Foundation, Inc. o Donated $17,550 towards exhibits, collections, programming, and advertising expenses o Donated $5,000 towards the digitization of newspapers in 2020 and another $5,000 commitment for 2021 Page 106 o Purchased 101 artifacts for $3,077 from the Dave Schutz Estate (primarily belonging to local artist Dave Stirling) that were donated to the Museum o Collections and Research Facility Fundraising: YTD - $543,875 (growth of $18,485 since end of year 2019) Collections Comparison 2016 2017 2018 2019 2020 Acquisitions Donors 33 50 15 21 22 Items 9521 823 3002 154 215 4 collections3 Research Requests (utilizing the collection to answer history related questions posed by public researchers) Research Requests 61 145 87 115 86 Staff Hours spent researching 56 62 36 42.5 47.3 PastPerfect Catalogue Online searches conducted 2,081 3,514 3,408 2,561 2,710 1. This number will increase in the future as the Estes Valley Library’s Local History Archive continues to be processed and accounted for as a 2016 donation 2. In April 2018, there was a hold in accepting donations (with a few exceptions), the donation hold was lifted in October of 2019 3. A collection is a group of archival materials numbering more than 100 individual pieces that are grouped together with a finding aid Artifact Update Since the total artifact move from on- and off-site storage to the Museum Annex in 2018/2019, staff has taken the opportunity to clean and rehouse each artifact. While completing this task, database records are revised with the artifacts new location, a new photograph of the artifact, and a revision of any missing data. The process is ongoing and will benefit the preservation of artifacts, along with aiding staff and the public during database research. Pre-2018 (preparation for move) 2018 2019 2020 Total number and percentage updated out of 31,711 artifacts currently recorded in database Number of artifacts updated 1,032 625 1,231 3,983 6,872 or 22% Page 107 Volunteer Comparison Museum volunteers hold specific titles of Gallery Host, Historic Fall River Hydroplant Tour Docent, Volunteer Collections Assistant, Volunteer Exhibit Assistant, and Downtown Walking Tour Docent. 2016 2017 20181 20192 20203 Volunteers 47 45 40 31 18 Hours 4,423 3,239 1,456 1,096 527 1. In 2018, the total volunteer hours were affected by the closure of the Museum gallery for 5 months out of the year. In the past, the gallery was open May- October, Tuesday – Saturday, 10-4 and Sunday 1-4, and November – April, Friday and Saturday 10-4 and Sunday 1-4. Volunteers were scheduled to cover the front desk during these times. 2. In 2019, the total volunteer hours were affected by the gallery being open only 7 months out of the year because of the building remodel. 3. Even though the gallery closed to the public in March 2020, volunteers assisted in a limited capacity with projects in Collections throughout the year. Strategic Initiatives for 2021 • Digitize newspapers from 1965 – 1978 • Secure funding for digitization of newspapers for next phase (Ongoing until caught up to current year) • Continue to work on donation backlog (2017-present) • Complete artifact cleaning, relocation, re-housing, and catalogue update o 2021 Goal: additional 5,000 records • Create a process for assigning insurance values of artifacts • Develop a Collections Plan • Develop collections processing manual • Museum Annex improvements: o Increase foundation to 200 lbs/sq/ft (2021 Friends Funding) o Annex building upgrades (2022 Friends Funding) o Design addition (2023 potentially Friends Funding) • Utilize contracted media specialist to conduct oral histories • Pursue grant to re-roof Birch Cabin (building on Colorado State Register of Historic Places) • Pursue grant to re-roof Hydroplant cottages (building on National Register of Historic Places) • Identify process for collecting current newspapers • Add play/exterior property enhancements with Parks Department Page 108 • Cobb-Macdonald and Historic Boyd Building signs • Historic Boyd Building temporary exhibit o Now We Are Very Modern: Estes Park during the 1920s • Complete Annex Research space o Define/promote access time/hours for use • Utilize contracted media specialist to develop virtual content: o Tours (Hydroplant/Downtown) o Virtual exhibit content o Oral histories online o Artifact highlights • Adjust ongoing operations due to COVID-19 o Increase amount of programming while gallery closed due to COVID-19 o Create a virtual exhibit on Now We Are Very Modern: Estes Park during the 1920s while gallery is closed o Identify COVID-19 protocol for Annex Research Space • Oral histories online (Multi-year project) o Identify/organize current oral histories in collection (2021) o Identify manner to list OH online accompanied by transcript (future initiative) o Identify manner to get media available online (audio and video) (future initiative) • Take advantage of virtual conferences in 2021 • Initiate Disaster Plan for Museum Attachments: None. Page 109       Page 110 TOWN BOARD MEETING February 9, 2021 REPORT AND DISCUSSION ITEMS: Visit Estes Park Board of Directors Quarterly Meeting. No packet material has been provided for this item. Page 111