HomeMy WebLinkAboutPACKET Town Board 2021-05-25The 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, May 25, 2021
SPECIAL START TIME 4:30 p.m. – 6:30 p.m.
To enter Executive Session
Regular Agenda to be heard at 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, May 25, 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,
May 25, 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 05-14-2021
*Revised 05-21-2021
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.
Special Start Time: The Zoom Webinar will be available beginning at 4:00 p.m. on the day of
the meeting to enter executive session from 4:30 p.m. to 6:30 p.m. Participants wanting to
ensure their equipment setup is working should join prior to the start of the regular agenda 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, May 24, 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, May 24, 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, May 24, 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, May 24, 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, May 25, 2021
SPECIAL START TIME 4:30 p.m. – 6:30 p.m.
To enter Executive Session
REQUEST TO ENTER EXECUTIVE SESSION:
For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any
specific employees who have requested discussion of the matter in open session; any
member of the Town Board; the appointment of any person to fill an office of the Town Board;
or personnel policies that do not require discussion of matters personal to particular
employees – Town Administrator Annual Evaluation and Municipal Judge Annual Evaluation.
REGULAR BUSINESS
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated May 11, 2021.
3.Estes Park Planning Commission Minutes dated April 20, 2021 (acknowledgment only)
4. Resolution 41-21 Approving the Third Amendment to the Intergovernmental
Agreement for Wastewater Treatment transferability of treatment capacity with Upper
Thompson Sanitation District.
5. Resolution 42-21 Approving a Contract for 2021 Shuttle Services with RAPT Dev USA,
dba Rocky Mountain Transit Management Inc, $321,115, Budgeted.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1.MUNICIPAL COURT UPDATE. Judge Thrower.
LIQUOR ITEMS:
1.NEW BEER & WINE LIQUOR LICENSE FILED BY CMT2, INC. DBA YOU NEED
PIE! DINER, 509 BIG THOMPSON AVENUE #300, ESTES PARK, CO 80517. Town
Clerk Williamson.
To consider a new Beer & Wine Liquor License for You Need Pie! Diner.
2.NEW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY THE POST BREWING
COMPANY ESTES PARK LLC DBA POST CHICKEN AND BEER, 333D E.
WONDERVIEW AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson.
To consider a new Hotel & Restaurant Liquor License for Post Chicken and Beer.
Prepared 05-14-2021
*Revised
Page 3
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
ACTION ITEMS:
1.RESOLUTION 43-21 APPROVING THE USDA LOAN RESOLUTION FOR THE
GLACIER CREEK WATER PRE-TREATMENT PLANT PROJECT. Director Bergsten.
To consider a loan of $7,675,000 at 1.375% interest rate over 40 years combined with
a grant of $2,369,000
2.RESOLUTION 44-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #4 TO THE
2021 BUDGET. Director Hudson.
Budget amendment to fund hours for two additional full-season Community Service
Officers and the replacement of a police cruiser.
3.ORDINANCE 07-21 CONFIRMING MUNICIPAL COURT AUTHORITY FOR
CONTEMPT OF COURT. Town Attorney Kramer.
Confirming in the municipal code that the Municipal Judge may hold any person in
contempt of court, and apply all applicable sanctions as appropriate.
4.ORDINANCE 08-21 AMENDING CHAPTER 5.1 OF THE ESTES PARK
DEVELOPMENT CODE AND CHAPTERS 5.20 AND 14.12 OF THE ESTES PARK
MUNICIPAL CODE REGARDING VACATION HOMES AND BED AND BREAKFAST
INNS. Town Clerk Williamson.
The amendments move applicable code language from the Development Code to the
Municipal Code related to vacation home and bed & breakfast inn regulations and
adds a section on the requirement for life safety inspections under Title 14 Building
and Construction in the Municipal Code.
5.REVISED POLICY 101 – BOARD ASSIGNMENTS. Town Administrator Machalek.
Consideration of liaison appointment to the Comprehensive Plan Advisory Committee
and additional updates to Policy 101.
6.INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk
Williamson.
ADJOURN.
*
Page 4
Town of Estes Park, Larimer County, Colorado, May 11, 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 11th day of May, 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 6:05 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (MacAlpine/Younglund) to enter Executive Session for
discussion of a personnel matter per Section 24-6-402(4)(f), C.R.S. and not
involving any specific employees who have requested discussion of the matter in
open session; any member of the Town Board (or body); the appointment of any
person to fill an office of the Town Board (or body); or personnel policies that do
not require discussion of matters personal to particular employees – Town
Attorney Annual Review, and it passed unanimously.
The Board entered Executive Session at 6:06 p.m. and concluded at 6:55 p.m.
Mayor Koeing called the regular meeting to order at 7:12 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION.
Mayor Koenig proclaimed May 2–8, 2021 Small Business Community week.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Cenac) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Cenac provided an update from the Visit Estes Park meeting stating a report was
heard from the Rocky Mountain National Park on the 2021 timed entry to address
increased visitation and lack of employee housing due to COVID, and a report from the
new CEO Kara Franker.
Trustee Younglund stated she attended the media skills workshop by Rockford Gray.
Mayor Pro Tem Martchink brought forward a discussion to consider a Board Resolution
against the Rocky Mountain National Park timed entry. The Board reached consensus
not to consider a Resolution stating Park management has the expertise and land
management skills to address park visitation and timed entry system. DRAFTPage 5
Board of Trustees – May 11, 2021 – Page 2
Mayor Koenig recognized Municipal Clerk’s Week and National Police Week and thanked
staff in each department for their service and dedication to the Town.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek recognized the Clerk’s staff in honor of Municipal Clerk’s
Week May 2 – 8, 2021. He also stated appreciation for the sworn police officers in honor
of National Police Week May 9 – 15, 2021.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated April 27, 2021 and Town Board Study Session Minutes
dated April 27, 2021.
3.Transportation Advisory Board Minutes dated March 17, 2021 (acknowledgement
only).
4.Letter of Support for CDOT Revitalizing Main Street Grant Application for US
Highway 36 and Community Drive Roundabout Project.
5. Resolution 38-21 Setting the Public Hearing date of May 25, 2021 for a New Beer
& Wine Liquor License filed by CMT2, Inc. dba You Need Pie! Diner, 590 Big
Thompson Avenue #300, Estes Park, CO 80517.
6.Resolution 39-21 Setting the Public Hearing date of May 25, 2021 for a New Hotel
& Restaurant Liquor License filed by The Post Brewing Company Estes Park LLC
dba Post Chicken and Beer, 333D E. Wonderview Avenue, Estes Park, CO 80517.
7.Reappointment of Brad Klein to the Estes Park Board of Appeals for a term expiring
May 1, 2026.
8.Reappointment of Guy Wayne Newsom to the Estes Park Board of Adjustment for
a term expiring March 31, 2022.
9.Reappointment of Nancy Almond and Michael Moon to the Community and Family
Advisory Board for terms expiring April 30, 2024.
10. Reappointment of John Gordon Slack to the Transportation Advisory Board for a
term expiring March 31, 2024.
It was moved and seconded (Webermeier/Martchink) to approve the Consent
Agenda, and it passed unanimously.
2.LIQUOR ITEMS:
NEW LODGING & ENTERTAINMENT LIQUOR LICENSE FILED BY TRINITY
HOSPITALITY LLC DBA ROCKY MOUNTAIN HOTEL & CONFERENCE CENTER,
1701 N LAKE AVENUE, ESTES PARK, CO 80517. Mayor Koenig opened the public
hearing. Town Clerk Williamson reviewed the application for the new Lodging and
Entertainment liquor license, stating all paperwork and fees have been submitted. The
applicant held the same liquor license through October 12, 2020, which was not
renewed. The liquor license was surrendered in March 2021 in lieu of renewing the
expired liquor license. The Liquor Enforcement Division waived all fees related to new
on-premise liquor licenses through December 7, 2021, thereby making a new liquor
license cost effective over paying the late fees associated with renewing the expired
liquor license. Mayor Koenig closed the public hearing and it was moved and
seconded (Younglund/Martchink) to approve the Lodging and Entertainment
Liquor License Application for Trinity Hospitality LLC dba Rocky Mountain
Hotel & Conference Center, 1701 N Lake Avenue, and it passed unanimously.
3.PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.ACTION ITEMS:
A.ORDINANCE 05-21 AMENDING CHAPTER 4 AND 13 OF THE ESTES
PARK DEVELOPMENT CODE REGARDING LOT COVERAGE. MayorDRAFT
Page 6
Board of Trustees – May 11, 2021 – Page 3
Koenig opened the public hearing. Planner Woeber stated the proposed
change would increase the maximum lot coverage in three nonresidential
zoning districts (A – Accommodations, CO – Outlying Commercial, O – Office)
to 80%. The amendment would revise the lot coverage definition to eliminate
porous pavement and gravel areas, along with no longer including porous
pavement and graveled areas in the definition of impervious surfaces. The
decreased lot coverage percentages, and definitions for lot coverage and
impervious surface had rendered a significant number of existing commercial
properties as legally nonconforming. The proposed changes would bring a
number of propeties back into compliance with zoning standards and would
provide flexibility in future site development or redevelopment. After further
discussion on the timing of the code changes because of the upcoming
Comprehensive Plan development, Mayor Koenig closed the public hearing.
It was moved and seconded (Martchink/Webermeier) to approve
Ordinance 05-21, and it passed unanimously.
4.ACTION ITEMS:
1.RESOLUTION 40-21 APPROVING THE MEMORANDUM OF
UNDERSTANDING WITH WORKFORCE HOUSING ADMINISTRATION WITH
THE ESTES PARK HOUSING AUTHORITY (EPHA). Assistant Town
Administrator Damweber presented a Memorandum of Understanding between
the Town of Estes Park and the Estes Park Housing Authority to provide annual
verification of workforce housing units. The MOU states the Authority would send
annual certification letters, verify the information provided to ensure the residents
remain eligible, and enforce the stipulations of the covenants. The Town would
compensate EPHA $150 per unit verified annually. Staff anticipates 32 workforce
housing units would require verification between September 1, 2021 and the end
of 2021. A budget amendment would include $5,000 to cover the 2021 verification
costs. After further discussion, it was moved and seconded
(Webermeier/Younglund) to approve Resolution 40-21, and it passed
unanimously.
2.ESTES PARK COMPREHENSIVE PLAN ADVISORY COMMITTEE
APPOINTMENTS. Town Clerk Williamson stated staff advertised the newly
created positions through the Town’s public information office, the website, through
direct contact with community members within the LatinX community, and
contacted the High School in and effort to meet the demographics outlined in the
bylaws for the committee. The application contained a self-reporting anonymous
tool to indicate which of the nine demographic areas each applicant would belong
to. The Town received applications from all demographics with the exception of
an individual from the LatinX community and a member of the community 25 or
younger. The interview committee of Mayor Koenig and Trustee MacAlpine
conducted interviews of all 27 applicants and stated they found the applicants to
be very engaged in the process, presented a high level of interest, a stake in the
community, a number of individuals with development experience, and a wide
diversity of experience and knowledge. The proposed non-voting members of the
committee include a member from the Estes Park Planning Commission and a
member from the Estes Valley Planning Advisory Committee. It was moved and
seconded (Bangs/Martchink) to approve the appointments to the
Comprehensive Plan Advisory Committee to include voting members: Dave
Shirk, David Bangs, David Wolf, Rosemary Truman, Bob Leavitt, John
Schnipkoweit, Charles Cooper, Matthew Heiser, Karen Thompson, Kirby
Hazelton and Eric Blackhurst and non-voting members: Matt Comstock and
Mike Kennedy for terms expiring upon the adoption of the Comprehensive
Plan, and it passed unanimously.
5.REPORT ITEMS:
1.US34 CORRIDOR STUDY. Director Muhonen provided an overview of the current
vehicular traffic and pedestrian patterns along US34 from just east of the Town’s
Visitor Center through the intersection of US34 and US36. The area has continuedDRAFT
Page 7
Board of Trustees – May 11, 2021 – Page 4
to experience an increase in roadway user frustration, uncontrolled pedestrian
crossings, traffic congestion, and growing transit travel times. The Town’s 2020
Strategic Plan contained an objective to commission a transportation plan for US34
form Wonderview Avenue to Steamer Drive to review these issues and develop
options for direct access from US34 to the parking structure. This was not funded
in the 2020 budget. The Board requested further discussion regarding potential
funding and acceleration of a corridor study at their Town Board Study Session
meeting on April 13, 2021. Staff reviewed observed pedestrian, motorist, and
transit deficiencies within the corridor and has developed a number of solutions for
consideration by the Town Board, including a pedestrian underpass, a pedestrian
median, roundabouts, an elevated roundabout to allow multi-modal directional
pedestrian and bicyclist crossings below the intersection, a long bus pullout lane
on US34 along the Visitor Center, install a new river bridge connecting the Visitor
Center and parking garage, traffic signal timing changes, consider turn lane
modifications, and a possible driveway extension from the Visitor Center to the
new traffic light at Steamer Drive. Staff estimated a corridor study could range
from $100,000 to $200,000 with design and construction costs up to $10 million
depending on mitigation measures selected.
James Usher/CDOT stated current funding options through the Faster Safety
program would not be an option to fund the study or mitigation measures as the
corridor has a low accident rate. An upcoming transportation bill, Senate Bill 260,
may provided funding for projects in the next few years. He stated projects which
have already been identified through a study and have high level sketches
completed could assist the Town and make the project competitive for funding.
CDOT identifed approximately $75,000 in cost sharing funds to complete the
study.
Board discussion was heard and has been summarized: concern with spending
funds on a corridor study due to continued uncertainty with the pandemic; a need
to review the Strategic Plan priority list prior to committing to a particular project;
what impact would the new light at Steamer Drive/US34 have on the traffic this
summer; the issue continues to be critical and a study with CDOT cost sharing
would be favorable versus the Town addressing a State highway issue without
their support; concern raised on spending Town funds to address a State issue; a
need to address other capital projects; and questioned how the mitigation projects
would be funded.
After further discussion, the Board directed staff to bring forward a priority list for
review prior to considering next steps.
Whereupon Mayor Koenig adjourned the meeting at 9:35 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 8
Town of Estes Park, Larimer County, Colorado, April 20, 2021
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held VIRTUALLY in said Town of Estes Park on the 20 day of April
2021.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Janene
Centurione.
Attending: Chair Comstock, Vice Chair Heiser, Commissioner
Centurione, Commissioner Hanson, Director Randy Hunt,
Senior Planner Jeff Woeber, Planner II Alex Bergeron,
Planning Technician Charlie Rugaber, Recording Secretary
Karin Swanlund, Town Attorney Dan Kramer, Town Board
Liaison Barbara MacAlpine
Absent: Commissioner Elkins
Chair Comstock called the meeting to order at 1:30 p.m. Also attending were Matt Ashby
and Mike Scholl, Ayres Associates consultants and Jeffrey Boring, Director of the Estes
Valley Land Trust.
New Commissioner Janene Centurione was introduced and welcomed to the Planning
Commission. She is taking the place of Steve Murphree, who resigned in January.
AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion
passed 4-0.
PUBLIC COMMENT.
None
CONSENT AGENDA APPROVAL
It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The
motion passed 4-0.
LARGE VACATION HOME REVIEW
Director Hunt reviewed the staff report for 925 Elk Ridge Court. The applicant has only
recently purchased the property. The previous owners seemingly were satisfied with the
8-and-under limits for a standard Vacation Home (VH). The property does have four
bedrooms. Per Code (Secs 5.1.B.2.a and 5.1.B.2.b), occupancy of a Vacation Home is
limited to two persons per bedroom plus two additional, all within the overall limitation of
Page 9
Estes Park Planning Commission – April 20, 2021 – Page 2
2
8 persons for a standard VH or more than 8 for a Large Vacation Home (LVH). In the
proposed case here, the four bedrooms would allow a maximum of 10 occupants at a
time. According to the Larimer County Assessor's records, the subject parcel is less
than one acre, measuring only 0.45 acres. Staff judges that the screening and
buffering, in this case, are adequate. Since the request is in accord with all other Code
requirements for an LVH, and since the single substandard element – lot size – has
compensatory elements that meet the qualifications for a smaller lot in Code, staff
recommends approval of this LVH request.
Discussion:
In answer to Chair Comstock, Hunt responded that one-acre-lot houses are more
centered and separated from the neighbors, thus the code requirement. If the property
were an acre, it would have been a consent agenda item, not an action item.
Commissioner Hanson asked what the process was when a Vacation
home adds a bedroom. Hunt answered that it would need to go through another
Planning Commission meeting approval if that were to happen.
Vice-Chair Heiser noted that approving this would be increasing the use of an already
non-conforming property. Attorney Kramer stated that the interpretation rests with the
Community Development Director, and the Commission can make their
recommendation based on that. Kramer added that extending a non-conforming use
does not apply to a non-conforming lot. This process is not a public hearing process;
therefore, no neighbor notifications were sent.
Applicant Response:
Lowell Richardson, property manager, stated that there have been no compliance
issues. The home is a four-bedroom house, which is the reason for asking for
additional occupancy. Maintaining the integrity of the neighborhood will not be a
problem.
Owners Dana Parcher and Nathan Warner thanked the Commission for reviewing the
application and stated they are excited to allow the property to meet its capacity. They
are confident that parking and noise will not be an issue.
It was moved and seconded (Heiser/Hanson) to deny the Large Vacation Home
application for 925 Elk Ridge Court finding that adequate buffering and screening
to adjacent properties has not been demonstrated for a Large Vacation Home use
on less than one acre. The motion to deny the request passed 4-0.
OTHER:
Jeffrey Boring, Estes Valley Land Trust (EVLT), discussed the Estes Valley Open
Space Plan. The EVLT led a community planning effort to identify the highest
remaining conservation and recreation priorities located near Estes Park, Colorado. The
Estes Valley Land Trust will use the Plan to pursue conservation easements with willing
landowners. The EVLT has conserved nearly 10,000 acres in over 30 years. The
Page 10
Estes Park Planning Commission – April 20, 2021 – Page 3
3
primary goal of this Plan is to increase the pace of conservation and save another 5,000
acres in the next decade. The EVLT would like the see the Town of Estes adopt this
Plan in the future, preferably in the new Comp Plan. Director Hunt agreed that now is a
good time for adoption. Commissioner Centurioine stated that this should be a
foundational document, not a guiding document. Boring noted that when presented to
the Larimer County Planning Advisory Group, this Plan was well received and
endorsed. The Plan was also presented to the Larimer County Commissioners in
December.
Ayres Associates consultants Matt Ashby and Mike Scholl continued sharing their
findings regarding Downtown Building Height Limits. A new, revised PowerPoint
presentation was given, taking into account the conversations and ideas from the March
2021 meeting. Discussion on what the "right height" is and how many stories were the
central points of conversation.
Director Hunt gave an update on the Comprehensive Plan rewrite. The contract with
Logan Simpson was approved at the Town Board meeting on April 13. There have
been 25 applicants for the committee. Interviews will begin later this week.
There being no further business, Chair Comstock adjourned the meeting at 4:35 p.m.
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
Page 11
Page 12
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Superintendent Eshelman, Utilities Director Bergsten
Date: 5/25/2021
RE: Resolution 41-21 Approving the Third Amendment to the
Intergovernmental Agreement for Wastewater Treatment transferability of
treatment capacity with Upper Thompson Sanitation District.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of this resolution and the signing of the amendment will achieve the objective
of continuing to be good stewards of our customers’ funds.
Present Situation:
We typically build utility infrastructure for forty years of growth. The funding to build
excess capacity comes from existing customers and new customer tap fees, aka
system development charges, are the means for new customers to buy into existing
infrastructure. Making this business work model work requires tap fees to run with the
property in perpetuity. Rating agencies investigate adherence to this principle by looking
to see if tap fees are waived or transferred. However, the rare exception to this principle
is agreements between local governments and special districts. These entities generally
serve the same citizens, and the arrangements yield benefits to the citizens.
Upper Thompson Sanitation District (UTSD) and the Town of Estes Park have a history
of collaboration. UTSD has agreed to allow the transfer of Town-owned sewer taps
(sewer system capacity) between Town-owned sites instead of requiring the Town to
purchase additional taps. The former Prospect Mountain Water Plant is nonoperational,
thereby not using the allocated SFEs, a valuable resource.
Proposal:
Staff proposes the Town Board approve this third amendment to the IGA.
Advantages:
•This amendment will save the overall community financing costs required to
purchase additional sewer taps.
Page 13
•It will build upon our positive and collaborative relationship with UTSD.
•We will be able to transfer the required treatment capacity to where the treatment
capacity is needed.
Disadvantages:
None
Action Recommended:
Staff recommends the approval of the resolution.
Finance/Resource Impact:
This amendment will save the community a significant expense. The cost to purchase
and finance the equivalent amount of SFEs is over $1.4 million.
Level of Public Interest
Public interest is minimal. This subject is complex and not a typical dinner table
conversation.
Sample Motion:
This item is on consent. If it is removed from consent, the following sample motion can
be made:
I move to approve Resolution 41-21
Attachments:
1.Resolution 41-21
2.Third Amendment to Intergovernmental Agreement for Wastewater Treatment
3.IGA - Upper Thompson Sanitation District Wastewater Treatment with 1st and
2nd amendments
Page 14
RESOLUTION 41-21
APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT FOR WASTEWATER TREATMENT BETWEEN THE TOWN OF ESTES
PARK AND THE UPPER THOMPSON SANITATION DISTRICT
WHEREAS, the Town Board wishes to amend the agreement referenced in the
title of this resolution for the purpose of transferring wastewater capacity from the
abandoned Prospect Mountain Plant to the Mary’s Lake Water Treatment Plant; and
WHEREAS, this agreement was originally executed in 2009, and was amended
in 2013, and subsequently in 2015.
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 Third Amendment to
the 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 15
THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
WASTEWATER TREATMENT
This Third Amendment to Intergovernmental Agreement for Wastewater Treatment
("Third Amendment") is executed this 2.oi-1\. day of P.pri J , 202 l, by the UPPER
THOMPSON SANITATION DISTRICT, a quasi-municipal corporation and political
subdivision of the State of Colorado ("District") and the TOWN OF ESTES PARK,
COLORADO, a municipal corporation and political subdivision of the State of Colorado
("Town") ( each being referred to singularly as "Party" and jointly as "Parties").
RECITALS
A.WHEREAS, the Parties executed that certain Intergovernmental Agreement
for Wastewater Treatment, dated February 6, 2009, related to the allocated capacity of the
District to treat wastewater flow from the Town's Mary's Lake Water Treatment Plant
("MLWTP") and the Town's funding of the costs thereof (the "Agreement"); and
B.WHEREAS, the Parties executed that certain First Amendment to
Intergovernmental Agreement for Wastewater Treatment Between Upper Thompson
Sanitation District and Town of Estes Park, dated July 17, 2013 (the "First Amendment"),
related to the Town's purchase of additional wastewater treatment capacity due to
additional flows from the ML WTP, equal to an additional 15 single family equivalents
("SFE's"); and
C.WHEREAS, the Parties executed that certain Second Amendment to
Intergovernmental Agreement for Wastewater Treatment between Upper Thompson
Sanitation District and Town of Estes Park, dated April 21 , 2015 (the "Second
Amendment"), related to the District's credit to the Town of another 24 SFE's at the
Town's MLWTP without need to purchase additional plant investment fees (PIF's) in
exchange for the Town's performance ofimprovements to the Fish Creek Lift Station water
line on behalf of the District, increasing total allocated SFE's to 139 based upon peak
month flows up to 27,800 gallons per day (gpd) before additional PIF's (now referred to
as System Development Fees (SDF's)) will be required; and
D.WHEREAS, the Town wishes to transfer, and the Parties now desire to
acknowledge and agree to the transfer of an additional 2.5 SFE's of wastewater treatment
capacity previously originating from flows from the Town's now-abandoned Prospect
Mountain Water Company Treatment Plant (the "Prospect Mountain Plant") for additional
capacity at the ML WTP; and
E.WHEREAS, the Parties acknowledge that the transfer of capacity from the
abandoned Prospect Mountain Plant does not require the purchase of any additional
wastewater treatment capacity by the Town and does not authorize or establish an
{00814403.DOCXt )
Attachment 2
Page 16
obligation for the District to handle increased total waste flows; instead, this Third
Amendment is intended to memorialize the Parties' understanding that the 2.5 SFE's of
wastewater flows previously originating at the Prospect Mountain Plant will now originate
from the ML WTP; and
F.WHEREAS, the Town further anticipates, that once the Glacier Creek Water
Treatment Plant ("GCWTP") improvements are completed, there will be a need to transfer
all or a portion of the SFE's from the MLWTP to the GCWTP, and, consequently, the
Parties wish to memorialize the ability in the future to further transfer equivalent treatment
capacity allocated to MLWTP as needed at GCWTP.
NOW THEREFORE, in consideration of the above recitals, the mutual covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, the Parties hereby agree as follows:
AGREEMENT
I.Scope of Amendment. Section 3 of the Agreement shall be amended to
acknowledge the transfer of an additional 2.5 SFE's from flows originating at the Prospect
Mountain Plant to the ML WTP. In accordance with the Agreement, the First Amendment,
the Second Amendment, and this Third Amendment, the peak month waste flow capacity
requirements of the Town are now 28,300 gpd, equivalent to 141.5 SFE's (based on 200
gpd/SFE). The transferred 2.5 SFE's pursuant to this Third Amendment shall not result in
assessment of a System Development Fee.
2.Term. This Third Amendment shall be effective as of the Effective Date. As
set forth in the Agreement, as modified by the First Amendment, Second Amendment and
this Third Amendment, the amended Agreement shall automatically renew for additional
one-year terms, unless notice of non-appropriation of funds therefor is given at least thirty
(30)days prior to the end of the then-cu rrent term.
3.Acknowledgement of Future Transfers. The Parties agree that if the Town
should wish to make future transfers of SFE allocations to the GCWTP at any time, and
upon the ML WTP being repurposed, that such transfer is acceptable, and that nothing
herein shall require the full allocation ofSFE's at MLWTP to remain assigned to ML WTP.
4.No Other Amendments. All provisions of the Agreement, as amended by the
First and Second Amendments, not expressly amended herein remain in full force and
effect.
{00814403.DOCX/ }
Page 17
IN WITNESS WHEREOF, the Parties have executed this Third Amendment on
the date(s) set forth below.
Attest:
Town Clerk
Approved as to form:
Town Attorney
Attest:
{00814403,DOCX / }
TOWN OF ESTES PARK, COLORADO
Wendy Koenig, Mayor
Date of execution: •2021----
UPPER THOMPSON SANITATION
DISTRICT
Date of execution: Ap,i I 20 , 2021
Page 18
INTERGOVERNMENTAL AGREEMENT FOR WASTEWATER TREATMENT
This Intergovernmental Agreement for Wastewater Treatment ("Agreement") is
executed this _lo_ day of _rnb, 2009, by the UPPER THOMPSON SANITATION
DISTRICT, a quasi-municipal corporation and political subdivision of the State of
Colorado ("District") and the TOWN OF ESTES PARK, COLORADO, a municipal
corporation and political subdivision of the State of Colorado ("Town") (each being
referred to singularly as "Party" and jointly as "Parties").
RECITALS
A.WHEREAS, the District is organized and operated pursuant to the
provisions of Article 1, Title 32, C.R.S., to provide sanitation services within the
jurisdictional boundaries of the District, which boundaries surround and include a portion
of the Town; and
B.WHEREAS, the Town has commenced work to expand the Town's Mary's
Lake Water Treatment Plant ("ML WTP"), with an anticipated completion date of April
of 2009 (the "Plant Expansion Project"); and
C.WHEREAS, the Town anticipates operating a temporary 1 million gallon
per day (mgd) water treatment plant from January 2009 through completion of the Plant
Expansion Project; and
D.WHEREAS, upon completion of Plant Expansion Project, the Town
anticipates the expanded ML WTP will be fully operational; and
E.WHEREAS, peak month waste flow is defined as the average of the
maximum daily flows sustained for a period of 30 consecutive, but not necessarily
calendar, days; and.
F.WHEREAS, the Town anticipates that the Plant Expansion Project will
increase peak month waste flows by 15,400 gallons per day (gpd), from the current
allocation of 4,600 gpd, to an estimated peak month waste flow of 20,000 gpd; and
G.WHEREAS, the Parties wish to memorialize the District's ability to handle
the increased waste flows required of the Plant Expansion Project and to establish an
appropriate plant investment fee ("PIF") based on the additional demand created by the
Plant Expansion Project; and
H.WHEREAS, the District and the Town desire to enter into this Agreement
to set forth their understanding before the completion of the Plant Expansion Project
regarding the expanded Town requirements for wastewater treatment and the PIF related
{00154452.DOC I 3}
Attachment 3
Page 19
to the Plant Expansion Project and user fees that will be required of the increased flow;
and
I.WHEREAS, the Parties may further memorialize the details of the Plant
Expansion Project wastewater treatment requirements and the associated PIF and user
fees as deemed necessary through amendment of this agreement, based on current data
available throughout the Plant Expansion Project.
NOW THEREFORE, IN CONSIDERATION of the above recitals, the mutual
covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, the Parties hereby agree as
follows:
1.
AGREEMENT
Performance of the Plant Expansion Project Work.
The Town will be solely responsible for the commencement and completion of the
Plant Expansion Project, including, but not limited to, operating the temporary 1 mgd
water treatment plant from January 2009 until completion of the proposed Plant
Expansion Project; confirming average and peak concentrations oftotal suspended solids
("TSS"), five (5)-day biochemical oxygen demand ("BOD5"), total dissolved solids
("TDS"), total dissolved copper, and flow of the waste stream from both the temporary
and Plant Expansion Project; and updating the District on the anticipated completion date
of the Plant Expansion Project. Prior to the discharge to the District facilities the Town
agrees to meet with representatives from the District to confirm the proposed plans and
obtain comments from the District. The Plant Expansion Project will be completed at the
sole cost and expense of the Town.
2.Continuous Reporting.
The Town agrees to provide the District with a monthly report with, at a
minimum, data regarding daily discharges in gpd, bi-monthly concentrations in mg/L,
and loading in pounds/day, including TSS, BOD5, TDS, and copper concentrations
during the operation of the temporary plant and Plant Expansion Project. In order for the
Parties to coordinate dates and flow capacity, the Town shall notify the District at least
three (3) days in advance of its plans to commence discharging from the temporary plant
and the Plant Expansion Project.
The Town may request that the District assist with and conduct wastewater
sampling on behalf of the Parties to meet the continuous reporting requirements. For
wastewater sampling completed by the District, the Town agrees to reimburse the District
for sampling and laboratory expenses at the District's current hourly rates plus expenses.
The District will furnish the Town with a written accounting of the days and hours and
{ 00154452.DOC / 3} Page 20
results of that testing and laboratory work completed. The District will invoice the Town
for these fees on a monthly basis.
3.Plant Investment Fee {PIF) Calculation.
The District bases its PIF on the single family equivalents (SFE) required of the
anticipated flow. The District's current PIF is $4,300 per SFE. The PIF is, however,
subject to adjustment from time to time in accordance with the general rules and
regulations of the District. The proposed peak month waste flow of 20,000 gpd is
equivalent to 100 SFEs (based on 200 gpd/SFE). The District's PIF for the 1\1L WTP is
calculated as follows:
(a)Plant Expansion Project: The PIF for the Plant Expansion Project,
using the above criteria, will be $331,100, assuming the Town requires an additional
15,400 gpd of peak month capacity in addition to the Town's existing 4,600 gpd of peak
month capacity. This PIF is based on an assumed total new peak month capacity of 20,000 gpd.
(b)An additional PIF shall be assessed for peak month waste flow
capacity requirements of the Town exceeding 20,000 gpd, subject to the Town's
requirement to advise the District of the capacity they wish to purchase. The Town shall
pay the District for said additional PIF within ten (10) days of the Town's introduction of
additional wastewater flows into District facilities.
( c)If the data supporting the anticipated PIF becomes outdated, or more
accurate data is available as the Plant Expansion Project progresses, as determined by the
District or the Town, the Parties agree to further define the PIF based on the most current
data, and subject to the requirement that any modification to the above-stated PIF must be
in writing and approved by the Parties prior to any modification thereto.
(d)Future PIF's, and other District fees, shall be charged at the current
rate at the time of purchase. An addenda to the Agreement shall be prepared at the time of
purchase of future PIF's and executed by the Parties memorializing the actual PIF
charged.
4.User Fee Rates/High Strength Fee.
The District's user fee for the 1\1L WTP is calculated as follows:
(a)The user rate will be charged at the current rate at the time of billing.
The current 2009 user rate for metered customers is $6.25 per 1,000 gallons, with an
additional quarterly access charge of $5 .25 per month.
(b)In addition, the District will use the continuous wastewater sampling to
determine the actual wastewater strength and shall apply a high strength wastewater
{00154452.DOC I 3}
Page 21
charge if required, pursuant to the District's current Rules and Regulations, rates, fees
and charges.
5.Sampling and Flow Metering.
(a)Sampling. An appropriate sampling point will be provided by the
Town in a location to permit the District to have convenient access for sampling of the
flow coming from the ML WTP. The Town agrees to give the District and its personnel
access to the sampling point for sampling as determined appropriate and necessary by the
District during any regular work day. Nothing herein shall guarantee any sampling
schedule or shall create any requirement for the District to notify the Town in advance of
sampling activities conducted, except to gain site access, in accordance with this
Agreement.
(b)Flow Metering and Reports. Flow metering will be completed by
the Town and monthly reports, showing daily, average and peak month waste flow will
be generated and provided by the Town to the District by the 10th day of the following
month. The District will have access to the flow meter during any regular work day and
may periodically verify the reports provided by the Town. In addition the Town agrees to
calibrate the flow meter at least once per year and provide a calibration report to the
District.
6.Indemnification and Hold Harmless.
To the extent permitted by law, the Town and its contractors will be solely
responsible for any spills, backups or physical damage to the District's treatment plant
that may be directly caused by the Plant Expansion Project, the phasing of the project, or
the operation of the MLWTP following completion of the Plant Expansion Project, and
will indemnify and hold the District harmless from any claim, damage or liability of the
District from said spills, backup or physical damage.
To the extent permitted by law, the District will be solely responsible for any
injury or damage to its employees or property pursuant to the District's sampling or flow
metering activities on the Town's premises or property unless said injury or damage is
caused by the negligent or intentional act, or omission of the Town or its contractors. In
the event said injury or damage is caused by the negligent or intentional act or omission
of the Town or its contractors, to the extent permitted by law, the Town shall indemnify
and hold the District harmless from any claim, damage or liability incurred by the District
as a result of said negligent or intentional act or omission. Nothing herein shall prevent
the Town from seeking contribution against any and all of its contractors for such
indemnity paid to the District.
7.Governmental Immunity.
{00154452.DOC I 3} Page 22
The parties agree and understand that the Town and the District are relying on and
do not waive, by any provision of this Agreement, the monetary limitations or terms
(presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and
Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights,
immunities, and protection provided by the Colorado Governmental Immunity Act,
Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the
parties or any of their officers, agents, volunteers or employees.
8.Third Party Beneficiaries.
None of the terms or conditions in this Agreement shall give or allow any claim,
benefit, or right of action by any other third person or entity not a party hereto.
9.Default/Cure/Dispute Resolution.
In the event either Party shall fail to observe or perform any of the terms and
provisions of this Agreement and such failure shall continue for a period often (10) days
after receipt of written notice from the non-defaulting party ("Default"), then the non
defaulting party may terminate this Agreement, provided however, that where such
Default cannot reasonably be cured within such period, and the defaulting party has
proceeded promptly to cure the same and is prosecuting such cure with diligence, the
time for curing such Default shall be extended for an amount of time, not to exceed sixty
(60)days, as may be necessary under the circumstances to complete such cure.
The Parties agree that they will negotiate disputes in good faith. In the event a
Party seeks to cure an alleged Default and there is disagreement regarding the
interpretation by and between the Parties of this Paragraph 9, the Parties agree within
fifteen ( 15) days of notice of Default and attempt to cure to appoint a committee of at
least four persons, including at least two individuals from each agency, to evaluate any
claim of Default and attempt to cure pursuant to this Agreement. The committee shall be
bound to the good faith negotiation provision of this Paragraph 9. The interpretation of
the committee regarding whether a cure has been commenced and shall be permitted to
be completed, or whether the Agreement is in default and may be terminated, shall be
deemed conclusive. In the event the committee cannot reach a conclusive determination
of the issue within thirty (30) days of the notice of Default, the Agreement shall be
deemed terminated, and the Parties shall only be liable for payment of any fees, including
but not limited to sampling fees, PIF, and user charges, that are currently due and owing.
10.Binding Effect.
This Agreement shall be binding upon, and shall inure to the benefit of the Parties
hereto and their respective successors and assigns.
11.Governing Law.
{00154452.DOC I 3}
Page 23
This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado with venue in the District Court, Larimer County, Colorado.
12.Force Majeure.
Neither Party shall be liable to the other for any failure of performance under this
Agreement due to causes beyond its control, including, but not limited to: acts of God,
fire, flood or other natural catastrophes, adverse weather conditions, material or facility
shortages or unavailability not resulting from such Party's failure to timely place orders
therefore, lack of transportation, the imposition of any governmental codes, ordinances,
laws, rules, regulations or restrictions, national emergencies, insurrections, riots, wars, or
strikes, lock-outs, work stoppages or other labor difficulties.
13.Waiver.
No delay or omission by either Party to exercise any right or power occurring
upon non-compliance or failure of performance by the other Party shall impair that right
or power or be construed to be a waiver. A waiver by either Party of any of the
covenants, conditions or Agreements to be performed by the other Party shall not be
construed to be a general waiver.
14.Notices.
Whenever written notice is required or permitted to be given under this Agreement
by one party to the other, it shall be given effect by hand delivery, or by mailing the same
by certified mail, return receipt requested, to the party to whom given. Notices shall be
addressed as follows:
If to District:
Upper Thompson Sanitation District
Attention Chris Bieker, District Manager
2196 Mall Road
P.O. Box 568
Estes Park, CO 80517
Ifto Town:
Town of Estes Park
PO Box 1200
{00154452.DOC I 3}
Page 24
Estes Park, CO 80517
Either party hereto may at any time designate a different person or address for the
purpose of receiving notice by so informing the other party in writing. Notice by certified
mail shall be deemed given upon actual receipt thereof or three (3) days after being
deposited in the United States Mail, whichever first occurs.
15.Term/Renewal/ Appropriation.
The term of this Agreement shall be for one year, commencing as of January 1 and
terminating on December 31, 2009. The Agreement shall automatically renew for
additional one-year terms, unless notice of non-appropriation of funds therefore is given
at least thirty (30) days prior to the end of the current term. Nothing herein shall be
construed as creating a multiple fiscal year obligation of either Party to the other.
16.Severability.
If any part, section, subsection, sentence, clause or phrase of this Agreement is for
any reason held to be invalid, such invalidity shall not affect the validity of the remaining
prov1s1ons.
{00154452.DOC / 3}
Page 25
Attest:
Attest:
Dated this� day of #.8�1,c�tty 7 , 2009.
Upper Thompson Sanitation District
'''"'""''""111 ,,.,.�� of ESte, '"',,,,. l' �� ... •·
-
··· .. ·······� '°
:S
'""�o�-· .. '"a! ·IL ... •· ·•. s -,.... :
\ -�, i :., �: : : -i \ : ' � �I I '\�\ � � ... 0,:
\, �·•.... � •••• •··_N_§,,. ··.:-:�-�� tr' ... ♦ ,,,1,. � C.,UJT'I' .� � .... .. ,,,,,,,,., ..... , .. ,,,,"
{ 00154452.DOC / 3}
Page 26
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR WASTEWATER TREATMENT BETWEEN UPPER THOMPSON
SANITATION DISTRICT AND TOWN OF ESTES PARK
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
WAS TEW ATER TREATMENT ("Amendment") is made and effective as of the _ day of
____ , 2013, (the "Effective Date") by and between the TOWN OF ESTES PARK, a
municipal corporation and political subdivision of the State of Colorado (the "Town") and the
UPPER THOMPSON SANITATION DISTRICT, a quasi-municipal corporation and political
subdivision of the State of Colorado ("District"), collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the Parties entered that certain Intergovernmental Agreement dated
February 6, 2009, related to the capacity of the District to treat certain flows from the Town's
Mary's Lake Water Treatment Plant ("MLWTP") and the Town's funding of the costs thereof
(the "Agreement"); and
WHEREAS, the Agreement anticipated in Recital I. that the Parties may require further
details related to the wastewater treatment requirements for the ML WTP and associated Plant
Investment Fees (PIF's) to be and become memorialized in a future amendment to the
Agreement; and
WHEREAS, the Parties have determined that such an amendment to the Agreement is
necessary.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, the Parties do hereby
agree as follows:
COVENANTS AND AGREEMENTS
1.Scope of Amendment. Section 3 of the Agreement shall be amended to
acknowledge the purchase of fifteen (15) additional single family equivalents (SFE's). The
purchase of additional SFEs is necessary to recognize an additional 3,000 gallons per day (gpd)
(based on 200 gpd/SFE) of flows from the MLWTP. The PIF for the additional SFE's shall be
calculated at the current rate of $8,700.00 per SFE, for a total of $130,500.00. The Town agrees
to pay the additional PIF within ten (10) days of the Effective Date of this Amendment. The
peak month waste flow capacity requirements of the Town shall be increased to 23,000 gpd
before an additional PIF shall be assessed.
2.Term. This Amendment shall be effective as of the Effective Date and shall
terminate on December 31, 2013. As set forth in the Agreement, the Agreement, as modified by
this Amendment, shall automatically renew for additional one-year terms, unless notice of non-
{00324490.DOC /} Page 27
I , .
appropriation of funds therefor is given at least thirty (30) days prior to the end of the then
current tenn.
3. No other Amendments. All prov1S1ons of the Agreement not expressly
amended herein remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the
date(s) set forth below.
�-� ,�•h '''""'""''' ', ,,,''of esr1:,;1,,,,. � i?t····,···········� = : : = -. . .. � � : i � . . -� <\ •• 0$ I � i;:. ·. 8.E '" .. • .w::: ; .-;. '9-. •• � •• r�--� ,·� ,�::-,. • • • •• • •�• V ,§, ., . .;;;r. '!\ ... ·.-,,,'r COU ,,,-. 1,,,,, .. ,11,,,, ATTEST:
ATTEST:
Chris Eshelman, Secretary
{00324490.DOC /}
TOWN OF ESTES PARK, COLORADO
4f2L3#---Town Administrator
�Date of execution: 7"' 1&. t I 2 , 2013
UPPER THOMPSON SANITATION
DISTRICT
Larry Pettyjohn, President
2
Date of execution: , 2013------
Page 28
appropriation of funds therefor is given at least thirty (30) days prior to the end of the then
current term.
3. No other Amendments. All prov1s1ons of the Agreement not expressly
amended herein remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the
date(s) set forth below.
ATTEST:
Town Clerk
ATTEST: d& Chris Eshelman, Secretary
{00324490.DOC /}
TOWN OF ESTES PARK, COLORADO
Mayor
Date of execution: , 2013 ------
UPPER THOMPSON SA NITATION
DISTRICT
La
Date of execution: l:/-llo-13 , 2013
2 Page 29
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
WASTEWATER TREATMENT BETWEEN UPPER THOMPSON
SANITATION DISTRICT AND TOWN OF ESTES PARK
THIS SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
WASTEWATER TREATMENT ("Second Amendment") is made and effective as ofthe Z/ day
of Apr-i I , 2015, (the "Effective Date") by and between the TOWN OF ESTES PARK, a
municipal corporation and political subdivision of the State of Colorado (the "Town") and the UPPER THOMPSON SANITATION DISTRICT, a quasi-municipal corporation and political
subdivision of the State of Colorado ("District"), collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the Parties entered that certain Intergovernmental Agreement dated
February 6, 2009, memorializing the District's capacity to treat certain flows from the
Town's Mary's Lake Water Treatment Plant ("MLWTP") and the Town's funding of the
costs thereof (the ''Agreement"); and
WHEREAS, the Parties amended the Agreement as of April 16, 2013, to allow for
the Town to purchase additional single family equivalents (SFE's) through the payment of
additional plant investment fees (PIF) based upon increased peak monthly flow capacity
requirements; and
WHEREAS, the Parties desire to further amend the Agreement to memorialize the
Town's commitment to complete certain water infrastructure design and construction, a
portion of which will benefit the District, in exchange for a credit against future PIFs
required of the ML WTP (the ''Project").
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, the Parties do
hereby agree as follows:
COVENANTS AND AGREEMENTS
1.PIF/Peak Mogth Flow Reguiremegts-PIF Credit. Section 3 of the Agreement is
amended to acknowledge and to provide an estimated PIF credit to the Town, as of the date of
execution of this Second Amendment, in the rough equivalent amount of 24 SFEs, which
credit is given in exchange for the estimated Project delivery cost of $210,000.00 of District
improvements. The estimated Project deliverables, along with the estimated budget for
completion, is attached hereto and incorporated herein as Exhibit A. Exhibit A shall serve as
the basis for determining both the estimated PIF credit and the actual PIF credit, which
shall be determined after completion of the Project and based on actual numbers. Upon
completion of the Project, the Town shall prepare and submit to the District a final and
actual Project cost matrix, which will be added to Exhibit A to document the actual Project
costs. Documented costs shall include only those costs which may be verified through receipts
Page 30
2.
and bid documentation; work performed by Town staff shall not be billed to the District,
unless approved, in advance, at a pre-determined rate. The actual PIF credit shall be
determined by the Parties based upon the sum that is created by dividing the actual Project
costs attributable to the District, by the current District PIF fee (currently $8,700/SFE). This
PIF will not be required to be paid and shall be considered to be a credit, subject to the
Town's completion of the Project. The peak month waste flow capacity requirements of the
Town shall be increased to 27,800 gpd (139 SFEs = 27,800 gpd divided by 200 gpd/SFE)
before an additional PIF shall be assessed.
Consideration for PIF CrediµTowp Improvements. The Town has committed and agrees
to complete the design, engineering and construction of the Project, which shall include a
water main line extension with a water service connection to the District's Fish Creek Lift
Station, along with the necessary permitting, surveying, easements, administration,
engineering, blasting, asphalt patching or paving, materials and labor necessary to complete
such water main line extension. In exchange for the completion of the Project, the District
agrees to extend a credit toward the Town's additional PIF requirements based on the actual
costs of the District's share of the Project provided pursuant to Section 1 of the Second
Amendment. The Town shall be solely responsible for all aspects of the Project, including
supervising contractors necessary to complete the Project and providing for the necessary
bonding and insurance to adequately protect the Parties through the duration of the Project;
however, the District agrees to review plans and provide labor necessary to assist the Town
with completion of the Project, as determined by the Parties. Both the Town and the
District agree to timely inspect the Project upon completion and to cooperatively work
through discrepancies or disagreements regarding the Project during and upon completion of
the work. The Town agrees to commence the Project work within ten (10) days of execution of
this SecondAmendment. The PIF credit shall survive the termination of the Agreement.
3.I.ecw.. The Agreement, as modified by its First and Second Amendments,
will terminate as of December 31, 2015, subject to automatic renewal for additional one-year
terms unless notice of non-appropriation of funds therefor is given at least thirty (30) days
prior to the end of the then-current term. Nothing in this Second Amendment is intended to be
construed as a termination of the Agreement.
4 • No Other Amendments. All prov1s10ns of the Agreement not expressly amended herein remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on
the date set forth below.\
Page 31
ATTEST:
��· ... , Te Clerk
ATTEST:
', ,.,-.) • q O •-C.t.�
Chris Eshelman, Secretary
Date ofexecution: t\QQ....\k \'-! , 2015
UPPER THOMPSON SANITATION
DISTRICT
Date of execution: t{:-� I/-,2015
Page 32
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR
WASTEWATER TREATMENT BETWEEN UPPER THOMPSON SANITATION
DISTRICT AND TOWN OF ESTES PARK
EXHIBIT A
North Fish Creek Water Main Extension to UTSD Li ft Station
UTSD Estimated Cost
Unit of
QTY Measure Description
2070 ft. 8"DIP
26 ea 8" MEGALUGS /BOLT PACKS
8 ea 8"45ELBOWS
6 ea 8" 22 1/2 ELBOWS
4 ea 8" 11 1/4 ELBOWS
4 ea 8"TEES
4 ea 8"VALVES
104 ea 8" FIELDLOCK GASKETS
3 ea 12 X 6 reducers
3 ea Fire Hydrant
2070 ft. Blasting
2 ea Air relief pit and fixtures
1 ea 2" Corp
1 ea 2" Curb Stop
40 ft. 2" copper service line
1 ea 2-1/2" VALVE BOX
6 ea 5-1/4" VALVE BOXES
1 ea Lift Station Tap Fee (20 @ 536)
1 ea 2" Meter
1 ea Easement
1 ea HDR Engineering ($6.65/ft)
2 ea Excavator Rental (monthly )
6400 ft. Estimated Asphalt Replacement
Unit Cost Extended Cost
$ 29.35 $60,754.50
$ 49.99 $1,299.74
$ 81.60 $ 652.80
$ 79.80 $ 478.80
$ 118.15 $ 472.60
$ 150.00 $ 600.00
$1,070.10 $4,280.40
$ 150.00 $15,600.00
$ 138.12 $ 414.36
$2,000.00 $6,000.00
$ 14.00 $28,980.00
$5,000.00 $ 10,000.00
$ 247.51 $ 247.51
$ 368.76 $ 368.76
$ 34.12 $1,364.80
$ 60.00 $ 60.00
$ 85.00 $ 510.00
$10,720.00 $10,720.00
$1,245.00 $1,245.00
$10,963.00 $10,963.00
$ 13,765.50 $13,765.50
$5,000.00 $10,000.00
$ 4.80 $30,720.00
Estimated Total Cost $209,497.77
Page 33
6'CJ
6"01 BROOIEAVE
rhi!I document \'i6 prepared rot Internal ust: by the To\.l.n or Est.es Part. C0.1'he tuwn makes no clalm as tn thl!I actunc:y or mplemieu: or the data contained hereon.
\U! to s;earrily concerns, lhll' town requeJtbi at yu11 do nut po:st thl .. doauncnt un the ntcrnrl or otherwl� make ii � ... ilablc to 'SOIis unknown to you,
N A
0
, 0
�nnection to Town
V\later l ____________.
k-·o
f,t_;!.i
1 in= 184ft: ;.
!i i i � . i !
Town of Estes Park
Utilities Department
90
Feet
L._J
180 ESTES PARK COLORADO
UTSD Lift Station Water
Main Extension
U30
4::0
,�:,,J
Utility Map
Created By:
Date Created:
Page 34
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: May 25, 2021
RE: Resolution 42-21 Approving a Contract for 2021 Shuttle Services with
RAPT Dev USA, dba Rocky Mountain Transit Management Inc, $321,115,
Budgeted.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seeks Town Board approval of the resolution approving a services
contract with RAPT Dev USA dba Rocky Mountain Transit Management Inc. (RMTM) to
continue operating the Town’s free shuttle service (Estes Transit) for the 2021 season.
As in previous years, the Town’s contract with RMTM is a “piggyback” off of the services
contract between Rocky Mountain National Park with RAPT Dev USA.
Present Situation:
In April 2020, it became clear that the service plans originally envisioned for 2020 would
be interrupted due to the COVID-19 pandemic. Special event service planned for April
and June was canceled, and in May, staff recommended delaying the start of the 2020
regular summer season to July 1, both to conserve funding and for better alignment with
the gradual loosening of public health restrictions in Larimer County.
While 2020 looked very different for Estes Transit, Town staff are grateful to the Board
of Trustees for their commitment to providing a free, public transportation option for both
visitors and locals in a year when many public transit agencies completely canceled
and/or severely reduced their service offerings.
In 2020, Estes Transit served three (3) special events and 96 days of regular summer
service in 2020 (July 1 – October 4, 2020). The Red Route (Downtown/Elkhorn
Express) served an additional 14 days in October (October 5 – 18, 2020) due to a grant
Page 35
provided by the Colorado Department of Transportation’s Revitalizing Main Streets
Program.
Additionally, for the first time the history of Estes Transit, weekly off-season service was
piloted from November 18, 2020 through May 26, 2021 using the Town’s new electric
trolley.
Proposal:
While acknowledging that the situation with the pandemic continues to be fluid as we
head into our busy summer guest season, staff propose to move forward with 2021
Estes Transit service as follows:
Late Spring/Early Summer Service Dates
•May 28 – June 30 (Daily): Red Route (Trolley) Only
Peak Summer Service Dates (Mon – Sun)
•July 1 – Sept. 12 (Daily) – Red, Blue, Brown, Gold and Silver
•July 3 – Sept. 12 (Sat & Sun ONLY) – Green/Express
Late Summer/Fall Service
•Sept. 13 – Oct. 17 (Daily): Red Route (Trolley) Only
Service Hours:
•Red, Gold, Blue, Silver and Brown: 9am to 9pm daily
•Green route: 11am to 4pm (Sat & Sun ONLY)
Staff plan to actively monitor ridership and public health trends as the season
progresses.
While Estes Transit operated at 50% seated capacity in 2020, Larimer County has
confirmed that this restriction can be lifted. In consultation with RMTM about rider and
driver safety, PW staff plan to operate all Estes Transit vehicles at 100% of seated
capacity. Face coverings will continue to be required for transit riders and drivers
throughout the 2021 service season and this decision is supported by the
Transportation Security Administration’s announcement on April 30, 2021 that the
Federal mask mandate (originally issued on January 29, 2021) would be extended
through September 13, 2021.
Details of the 2021 services contract include:
•RMTM will lease four vehicles from Davey Coach not to exceed the prices listed
in Exhibit A of the attached 2021 Service Proposal, for each vehicle per month
and the Town of Estes Park will reimburse vehicle lease costs.
•The hourly service rate for 2021 will be $67.36 which includes routine
maintenance, shuttle drivers, insurance, and fuel costs for the five full-service
Page 36
routes, one weekend-only route and additional special event services as listed in
Exhibit A.
•Additional costs for manufacturer-installed driver COVID protection barriers.
Town staff have continued to coordinate with RMTM on a number of additional public
health activities and investments to help protect both riders and drivers. A detailed
outline of those measures is included in the Attachments and will be posted online
(www.estes.org/shuttles) and on each vehicle. These measures were introduced for the
2020 service season and will continue in full in 2021.
Advantages:
•Offering continued public transportation service (sixteenth season) for locals and
guests during the Town’s busy summer season.
•Estes Transit is the only public transportation option available in Estes Park, and the
only fee-free option that is available to riders of all ages and abilities.
•The trolley will run the entire duration of the paid parking season, making stops
every 20 minutes at the Visitor Center/Parking Structure area which is home to the
Town’s largest supply of free parking.
Disadvantages:
•Estes Transit is a significant General Fund investment; however, recent and future
Federal stimulus program funding awards to Estes Transit (via CARES and
CRRSAA) will help lighten the General Fund burden.
Action Recommended:
Staff recommend acceptance of the services contract with RAPT Dev USA dba Rocky
Mountain Transit Management (RMTM) to provide shuttle services for the Town of
Estes Park, as detailed in the attached 2021 Services Contract.
Finance/Resource Impact:
The original 2020 line item amount for Transportation Fees (#101-5600-456-22.60) was
$408,168. In April 2020, this line item was reduced as part of the Phase I Budget
Reductions to $359,853 (in response to the COVID-19 pandemic).
This level of funding for Transportation Fees (which is the line item that funds RMTM’s
contract) was reduced further in the 2021 budget. The 2021 Transportation Fees line
item (#101-5600-456-22.60) for 2021 is $321,115.
The cost to provide 2021 Estes Transit service season as outlined above in the
Proposal section is $435,367.36 which exceeds the 2021 budgeted amount for
Transportation Fees. The 2021 contract amount is higher than even the original budget
in 2020 due to the extended service season for the trolley (to match the paid parking
season) and due to the addition of a sixth route (Green/Express).
Staff propose to cover the funding shortfall in full with the Town’s Coronavirus
Response and Relief Supplemental Appropriations (CRRSAA) allocation of $361,017.
Currently, the Town has an award letter for the CRRSAA funds from the Colorado
Page 37
Department of Transportation (CDOT) through which CRRSAA funds will be passed to
local governments and transit agencies throughout the State of Colorado. The CRRSAA
funds are proposed to be added to the 2021 budget when the next budget supplement
is considered by the Town Board (likely in July 2021) and staff will bring a Resolution
with the grant agreement from CDOT for the CRRSAA funding to the same Town Board
meeting as the budget supplement.
In the meantime, the approved contract amount presented as part of this packet is
limited to $321,115 (the amount available as part of the approved 2021 Town budget). If
the Town Board approves both the future budget supplement and the CRRSAA grant
agreement with CDOT later this summer, staff propose to allocate $114,252.36 of the
CRRSAA funds to the 2021 Transportation Fees line item to fully “fund” the entire 2021
Estes Transit season as outlined above. Staff also propose to make this change via
administrative staff change order.
In summary, of the proposed $435,367.36 2021 cost of 2021 transit service with RMTM,
$321,115 will be covered by the Town’s existing 2021 budget and $114,252.36 will be
added to the contract using CRRSAA Act funding if approved by the Town Board in the
future. This will leave $246,764.64 in CRRSAA Act funding to support Estes Transit
administration and operations through December 31, 2022. If the Town Board decides
not to accept the CRRSAA Act funding or add it to the 2021 budget, staff will reduce the
2021 service season for Estes Transit to what is outlined in Appendix A of the attached
contract with RMTM to remain within the 2021 Town budgeted amount.
Level of Public Interest
Public interest in this item is moderate.
Sample Motion:
I move for approval/denial of Resolution 42-21.
Attachments:
1.Resolution 42-21
2.2021 Services Contract between RAPT Dev USA and the Town of Estes Park
3.2021 CRRSAA 5311 Award Letter
4.Rocky Mountain Transit Management Safety Plan (COVID-19 Safety Protocols)
Page 38
RESOLUTION 42-21
APPROVING THE SERVICES CONTRACT WITH RATP DEV USA INC. DBA ROCKY
MOUNTAIN TRANSIT MANAGEMENT FOR 2021 TRANSIT SERVICES
WHEREAS, the Town desires to enter into a services contract with RAPT Dev
USA dba Rocky Mountain Transit Management to continue operating the Town’s free
shuttle service (Estes Transit) for the 2021 season; and
WHEREAS, the proposed 2021 contract with RMTM is for $435,367.36 which
exceeds the 2021 budgeted amount for Transportation Fees; and
WHEREAS, the funding shortfall can be covered in full by funding by the Town’s
Coronavirus Response and Relief Supplemental Appropriations (CRRSAA) award of
$361,017; and
WHEREAS, the CRRSAA funds are proposed to be added to the 2021 budget
when the next budget supplement is considered by the Town Board; and
WHEREAS, the approved contract amount is limited to the 2021 budget of
$321,115; and
WHEREAS, the $114,252.36 shortfall can be added by administrative staff
change order if the Town Board approves the future budget supplement and grant
agreement with the Colorado Department of Transportation for the Town’s CRRSAA
allocation.
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 services contract
referenced in the title of this resolution in substantially the form now before the Board.
Attachment 1
Page 39
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 40
2021 SERVICES CONTRACT BETWEEN RAPT DEV USA
AND THE TOWN OF ESTES PARK
THIS AGREEMENT is made and entered into this__filh__day of May, 2021 by and between the
Town of Estes Park (hereinafter referred to as the "TOWN"), and RATP Dev, INC. (dba Rocky
Mountain Transit Management, Inc.), located at 3800 Sandshell Drive, Suite 180, Fort Worth, Texas
76137 (hereinafter referred to as the "CONTRACTOR").
WITNESSETH
WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a
deviated fixed route transportation service; and
WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of
managing and operating said service.
NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the
CONTRACTOR as follows:
ARTICLE 1. Complete Agreement
A.This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s)
of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations,
understandings and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or condition(s).
B.The TOWN'S failure to insist in any one or more instances upon the CONTRACTOR'S
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of the TOWN'S right to such performance or to future performance of such term(s) or
conditions(s) and the CONTRACTOR'S obligation in respect thereto shall continue in full force and
�-�
Attachment 2
Page 41
ARTICLE 2. TOWN DESIGNEE
The Town Administrator or his/her designee shall have the authority to act for and exercise any of
the rights of the TOWN as set forth in this Agreement.
ARTICLE 3. STATEMENT OF WORK
A.The CONTRACTOR shall perform the work necessary to complete in a manner
satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference
incorporated in and made a part of this Agreement. All services shall be provided at the times and places
designated by the TOWN.
B.The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform
the above-specified services. All key personnel under this agreement will be subject to the advice and
consent process currently in place with the Town of Estes Park.
ARTICLE 4. TERM OF AGREEMENT
A.This Agreement shall commence upon execution by both parties, and shall continue in
full force and effect until December 31, 2021 ("Initial Term"), unless earlier terminated or extended as
provided in this Agreement.
B.If this Agreement is extended by the Parties for any additional years, prior to March 31 of
each calendar year the Parties agree to negotiate to the routes, dates, costs, number of vehicles, fuel costs,
and other items as more fully set forth on Exhibit A. which will be effective for that year's services.
C.The TOWN's election to extend the Agreement beyond the Initial Term shall not
diminish its right to terminate the Agreement for the TOWN's convenience or CONTRACTOR's default
as provided elsewhere in this Agreement.
D.If the service is to be provided for less than an entire month, the CONTRACTOR will
invoice the TOWN for revenue hours for the month(s).
E.The Town's obligation to pay the Contractor for the services in any fiscal year shall be
Page 42
subject to and contingent on the appropriation by the Town, in its annual budget process, of sufficient
funds to meet its obligations pursuant to this Agreement. No provision of this Agreement shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial
obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This
Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town's then
current fiscal year.
ARTICLE 5. PAYMENT
A.For the CONTRACTOR's full and complete performance during the billing period of the
Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A.
ARTICLE 6. NOTICES
All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or
changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the
United States mail, registered or certified mail, return requested, postage prepaid and addressed as
follows:
TO THE CONTRACTOR:
RA TP Dev dba Rocky Mountain Transit Management, Inc.
3800 Sandshell Drive, Suite 180
Fort Worth, Texas 76137
TO THE TOWN:
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
Attn: Travis Machalek
Town Administrator
Phone: (817)232-9551
Attn: Arnaud Legrand
Chief Executive Officer
Phone: (817)232-9551
Fax: (817) 232-9560 Fax: (817) 232-9560
ARTICLE 7. INDEPENDENT CONTRACTOR
The CONTRACTOR's relationship to the TOWN in the performance of this Agreement is that of an
independent contractor. The CONTRACTOR's personnel performing services under this Agreement shall
at all times be under the CONTRACTOR's exclusive direction and control and shall be employees of the A
Page 43
CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and
other amounts due its employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
ARTICLE 8. INSURANCE
A.The CONTRACTOR shall procure and maintain insurance coverage during the entire
term of the Agreement. Coverage shall be full coverage and not subject to self -insurance provisions.
The CONTRACTOR shall provide the following insurance coverage:
1.Commercial General Liability, to include Premises/Operations, Contractual
Operations, independent Contractors, and Personal Injury Liability with at least
$5,000,000 of coverage;
2.Automobile Liability Insurance with the following limits:
A.Combined Single Limit of$5,000,000
B.Uninsured/Underinsured Bodily Injury coverage per person in compliance
with the State of Colorado statutory requirements;
and
C.Uninsured/Underinsured Bodily Injury per accident in compliance with the
State of Colorado statutory requirements;
3.Workers' Compensation with limits as required by the State of Colorado
4.Employer's Liability with limits of $1,000,000
B.Proof of such coverage, in the form of an insurance company issued policy endorsement
and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days
from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents,
and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the
right to request certified copies of all related insurance policies.
C.The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance
showing the required coverage for the CONTRACTOR and further providing that:
1.The coverage shall be primary and noncontributory as to any other insurance
with respect to performance hereunder; and
2.Thirty (30) days prior written notice of cancellation in A
Page 44
insurance coverage to be given to the TOWN.
D.Governmental Immunity Act. The parties agree and understand that the TOWN is
relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms
(presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred
Ninety Thousand and 00/100 ($990,000) per occurrence) or any other rights, immunities, and protection
provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time
amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees.
ARTICLE 9. CHANGES
By written notice or order, the TOWN may, from time to time, order work suspension or make changes in
the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the
CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or
decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR
shall promptly notify the TOWN thereof and assert its claim for adjustment within ten ( 10) days after the
change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing
in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as
changed.
ARTICLE 10. NOTICE OF LABOR DISPUTE
Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay
performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant
information to the TOWN and assist the TOWN in developing a plan to continue service.
ARTICLE 11. TERMINATION
A.The TOWN may terminate this Agreement for its convenience any time, in whole or part,
by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the
CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination.
B.The TOWN may terminate Agreement for the CONTRACTOR's default if a federal or
state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the A
Page 45
CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any
term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within
ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for
any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited
to, re-procurement costs of the same or similar services defaulted by CONTRACTOR under this
Agreement.
ARTICLE 12. INDEMNIFICATION
The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors,
employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury
or damages to real or personal property to the extent caused by the CONTRACTOR's negligence. The
CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney's fees,
and liability arising from any such claim or infringement provided the CONTRACTOR has the right to
control the defense or settlement of any such claim in accordance with the following:
(i)The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless
the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities,
losses and expenses (including reasonable attorney's fees and disbursements) for personal injury
or property damage asserted by third parties to the extent caused by the negligence or willful
misconduct of the CONTRACTOR in connection with the CONTRACTOR's performance, or
failure to perform this Agreement hereunder ("Third Party Claims").
(ii)The TOWN shall promptly give written notice to the CONTRACTOR after obtaining
knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery
may be sought against the CONTRACTOR because of the indemnity set forth in clause (i)above.
(iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim
with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition:
a)The TOWN may retain separate co-counsel at its sole cost and expense to monitor the
defense of the Third Party Claim provided however, that the CONTRACTOR shall have
the right to control the defense of such Third Party Claim in the CONTRACTOR's sole
discretion.
Page 46
b)The TOWN will not consent to the entry of any judgment or enter into any settlement
with respect to such Third Party Claim without the prior written consent of
CONTRACTOR;
c)The TOWN shall cooperate with all reasonable requests of CONTRACTOR in
connection with the defense of such Third Party Claim.
(iv)To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any
losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification
paragraph.
ARTICLE 13. WARRANTY
The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services
required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform
the Services.
The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall
comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the
CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at
the CONTRACTOR's sole expense, in the most expeditious manner as permitted by existing
circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon
notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law
or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the
TOWN for all expenses and cost incurred in connection therewith.
ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING
Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the
CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be
subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by
THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with
all terms and conditions of this Agreement.
Page 47
ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS
The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all
applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations
promulgated thereunder.
ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS
The originals of all letters, documents, reports and other products and data produced under this
Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the
CONTRACTOR's records but shall not be furnished to others without written authorization from THE
TOWN.
Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained
by the TOWN.
ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT
A.In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or
copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its
expense any claim or suit against the TOWN on account of any allegation that any item furnished under
this Agreement or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay
all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is
promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the
CONTRACTOR's expense for the defense of same. However, the CONTRACTOR will not indemnify
the TOWN if the suit or claim results from: (1) the TOWN's alteration of a deliverable, such that said
deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2)
the use of a deliverable in combination with other material not provided by the CONTRACTOR when
such use in combination infringes upon an existing U.S. letters patent or copyright.
B.The CONTRACTOR shall have sole control of the defense of any such claim or suit and
all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the
TOWN under any settlement made without the CONTRACTOR's consent or in the event the TOWN fails A
Page 48
to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the
CONTRACTOR's expense. If the use or sale of said item is enjoined as a result of such suit or claim,
CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said
item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright
indemnity thereto.
ARTICLE 18. FORCE MAJEURE
Either party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but
not limited to: any incidence of fire, flood, strike; pandemics; acts of God; commandeering of material,
products, plants or facilities by the federal, state or local government; national fuel shortage; or a material
act of omission by the other party; when satisfactory evidence of such cause is presented to the other
party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due
to the fault or negligence of the party not performing. The parties agree to mutually negotiate cost impacts
of a Force Majeure event.
ARTICLE 19. DEFAULT
In the event either Party shall fail to observe or perform any of the terms and provisions of this
Agreement and such failure shall continue for a period of ten ( 10) days after receipt of written notice from
the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement,
provided however, that where such Default cannot reasonably be cured within such period, and the
defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the
time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may
be necessary under the circumstances to complete such cure.
ARTICLE 20. COSTS
Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and
other expenses related to this Agreement.
ARTICLE 21. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their
respective successors and assigns.
Page 49
ARTICLE 22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado
with venue in the District Court, Larimer County, Colorado.
ARTICLE 23. SEVERABILITY
In the event any term, covenant or condition of this Agreement, or the application of such term covenant
or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all
other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in
force and effect unless a court holds that the invalid term, covenant or condition is not separable from all
other terms, covenants and conditions of this Agreement.
ARTICLE 24. WAIVER
No delay or omission by either Party to exercise any right or power occurring upon non-compliance or
failure of performance by the other Party shall impair that right or power or be construed to be a waiver.
A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other
Party shall not be construed to be a general waiver.
ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS
This Agreement is an integration of the entire understanding of the parties with respect to the matters set
forth herein. The parties shall only amend this Agreement in writing with the proper official signatures
attached thereto.
ARTICLE 26. WORK BY ILLEGAL ALIENS PROHIBITED
A.CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not
knowingly employ or contract with an illegal alien and that CONTRACTOR has participated or attempted
to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1)
("Program") in order to verify that it does not employ illegal aliens.
Page 50
B.CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to certify to
CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
C.CONTRACTOR hereby certifies that it has verified or attempted to verify through
participation in the Program that CONTRACTOR does not employ any illegal aliens and, if
CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that
CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR is
accepted or this Agreement has been completed, whichever is earlier.
D.CONTRACTOR is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E.If CONTRACTOR obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required
to:
1. notify the subcontractor and the TOWN within three (3) days that
CONTRACTOR has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
11.terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to this subparagraph the subcontractor
does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such
three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
F.CONTRACTOR shall comply with any reasonable request by the Colorado Department
of Labor and Employment ("Department") made in the course of an investigation that the Department is
undertaking pursuant to the authority established in Article 17.5 of Title 8 C.R.S.
Page 51
G.If CONTRACTOR violates this paragraph, the TOWN may terminate this Agreement for
breach of contract. If this Agreement is so terminated, CONTRACTOR shall be liable for actual and
consequential damages to the TOWN.
This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
first above written.
RATPDevdba
Rocky Mountain Transit Management, Inc.
By __ �������--
Amaud Legrand, CEO
TOWN OF ESTES PARK
By _____________ _
Wendy Koenig, Mayor
ATTEST:
Town Clerk
Page 52
Exhibit A
Town of Estes Park
2021 Proposal
Page 53
Town oilr Estes J'ark-Este,.s Transit-2021 Shuttle, Service
.Summer
ff Service Day.s
Servke hours per day
Blue 9 am to8:59 pm
Gold 9.am to8:59 pm
Silver 9am to 8:59 pm
Brnwn 9 am to8:59 pm
Red 9,,am to8:5'9 pm
H r:s J'er Da,y Sub-Total
ff Service Da,y.s
Green ( Sat/S.u n) 11 am to 3:59 pm
Hr:s J'er Day Sub-Total
Davey Coach/Corner:stone Bus Lea.se.s
monthly lease
pm-rated registration
lease amount per montn
.n· of Leiase Months
sub-total
Covid barrier
May June July Aug Sept Oct Total
3 30 31 31 12 17
0 0 9 9 9 0
0 0 '9 '9 9 0
0 0 9 9 9 0
0 0 '9 '9 '91 0
9 9 '91 9 9 0
II" 27 270 1:J.9.5 1395 560 0 364!7.37
0 0 9 9 4.2
4 4 4 4 4 0
!O 0 3'6 ¾6 Hi 0 88.0
Iota I Summer Service Hours 3735.4
,Q,uantity
4
4
4
2021 R:ate $ 6736
Rate
$ 4,'950.04
$ 420.00
$ 1,265.00
$251,614!.52
$ 19,800.16
$ 1,680.00
$ 2l,48U.16
3
$ 64.4-ffl.48
$ 5,06:0.00
$ ·�,500.48
2021 Service Hours and Lease Total I $,.121,11.5<.00 I
Page 54
Award Letter :: Page 1 of 4
1.
2.
3.
4.
Proposed Award Summary
Agency:
Estes Park, Town of
Award Letter Name:Proposed Award
-0499 Award Type:5311
Admin/Operating
Application:
Congratulations! The Colorado Department of Transportation (CDOT) Division of Transit and Rail has
received and evaluated your application. We are pleased to inform you that CDOT has either approved or
partially approved your request. This proposed award letter provides a summary of your award. Note that
you will receive one award letter per funding source and application; please follow the instructions for each
award letter received.
Description:
2021 5311
CRRSAA Admin
&Operating
Funding Source: FTA-5311
Award Year: 2021 Awarded Amount: $361,017.00
Project Description
The Agency shall maintain the existence of public transportation services through the following goals:
Enhance access to health care, education, employment, public services, recreation, social transactions, and
other basic needs;
Assist in the maintenance, development, improvement, and use of public transportation in their Transportation
Planning Region (TPR);
Encourage and facilitate the most efficient use of all transportation funds used to provide passenger
transportation in their TPR through the coordination of programs and services; and
Encourage mobility management, employment-related transportation alternatives, joint development practices,
and transit-oriented development.
Budget Details & Acceptance
Attachment 3
Page 55
Award Letter :: Page 2 of 4
Please enter your proposed Admin and Operating Award Amounts in the fields below. Your Local Match Amounts will
calculate once you click "Save".
The combined Admin Award Amount and Operating Award Amount CANNOT EXCEED the Total Awarded
Amount.
Total Awarded Amount: $361,017.00 Total Local Match Amount: $226,017.00
Admin Award Amount: $180,000 Operating Award Amount: $181,017
Please provide a brief
justification for the Admin
Award Amount above:
Marketing
expenses, including
transit program
branding and
promotion.
Equipment rental,
including annual
bus lease expense.
General
administrative
expenses including
insurance premiums
and office supplies.
Please provide a brief
justification for the Operating
Award Amount above:
Costs directly
related to system
operations,
including: fuel, oil,
drivers’ salaries and
licenses.
Admin Local Match Amount: $45,000.00 Operating Local Match
Amount:$181,017.00
Please confirm the Local Match Amount here and enter the
source and status of matching funds (if you plan to deny the
award, please enter N/A).:
No local match required for this award.
Acceptance
Do you accept this award?:
Yes
Next Steps
Upon your acceptance, CDOT will create a final award in COTRAMS.
1. Milestones and Risk Assessment: After you receive notice that the award has been created, login to COTRAMS
to complete the Milestones and Risk Assessment within one week.
If you are in an urbanized area (over 50,000 population) and have not already done so, please2. TIP Your Project:
begin the process of ensuring that your project is in, or can be amended into, the appropriate Transportation
Improvement Program (TIP) for your MPO area; once placed in the TIP, CDOT will place your project in the STIP.
CDOT cannot begin the budgeting or contracting process until your project is in the STIP. If you are in a rural area,
CDOT will place your project in the STIP.
Please be aware that your agency should not enter a purchase3. Execute a Grant Agreement with CDOT:
arrangement or incur costs without an executed grant agreement (i.e. signed by both parties) and CDOT written
authorization (i.e. Purchase Authorization) to make that purchase. If you make any purchasing arrangement prior to
execution of the grant agreement, your agency will be completely responsible for payment. All purchases that involve
state or federal funds must be conducted in a fair, open, and competitive manner and follow all applicable CDOT
guidelines. You cannot pre-select a favored vehicle or equipment manufacturer and make a purchase without written
CDOT approval, unless the project was funded through a FTA Discretionary grant and FTA has approved the vendor .
Page 56
Award Letter :: Page 3 of 4
It is important to note that the funding periods for FTA grants and state grants are different. If your project is funded
with FTA funds, CDOT can immediately begin negotiating a scope of work and grant agreement, and we anticipate
doing so over the next three months. If your project is funded with state funds, CDOT cannot begin negotiating a
scope of work or grant agreement until those funds are available, which may not be until July 1st.
Please be aware that the grant agreement you enter into with CDOT for funding is a reimbursement agreement. This
means your agency must incur the capital or operating expense before you can seek reimbursement for the federal or
state share. CDOT will reimburse the federal or state funds to your organization, not to the vendor. Therefore, your
agency is ultimately responsible for reimbursing the vendor.
CDOT looks forward to working with its subrecipients to quickly move these projects4. Keep Your Project Moving:
to completion. CDOT recognizes that most projects encounter unexpected hurdles and challenges; nonetheless, we
expect our subrecipients to address these challenges in a timely manner. CDOT reserves the right to remove grant
funds if we determine the project is not proceeding at a reasonable pace (e.g., unreasonable delays in executing the
grant agreement, delays in procuring the equipment, etc.). This action would be preceded by at least one formal
written warning.
Attachments
Upload Attachments
Document Name Update Date/Time
Signature and Submission
Accepted By:
Vanessa
Solesbee, Parking
& Transit Manager
Page 57
Award Letter :: Page 4 of 4
Page 58
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020
Rocky Mountain Transit Management, Inc.
SAFETY PLAN - COVID-19 SAFETY PROTOCOLS
RMTM Staff Training
All staff members will receive training for the prevention of spreading the COVID-19
virus infection (including but not limited to hand washing, use of hand sanitizers, proper
use and condition of PPE, social distancing, and the need to self-quarantine after potential
exposure and/or symptoms).
Driver/Passenger Protection (Buses)
RMTM has installed have plastic barriers between the driver and passengers in all
company owned vehicles; regular inspection will take place during cleaning and repair or
replacement will take place as warranted
RMTM recommends face coverings for all passengers
Bus Cleaning Regimen
RMTM staff will train to use and follow all manufacturer guidelines for cleaning and
sanitizing solutions and products
Once every 24 hours, each bus will be cleaned and fogged with a disinfectant certified to
eliminate the Covid-19 virus:
o Fog the interior of the bus prior to cleaning
o Clean the exterior bus windows, lights, etc.
o Wait 15 minutes or more, post-first fogging before entering the bus to clean
o Wipe off seats and seatbelts where included on the bus
o Sweep the floors and mop with a soap and disinfectant
o Wipe down all hand rails and drivers area with a disinfectant
o Fog the bus with disinfectant approved to negate the Covid-19 virus; the bus will
sit overnight or for a minimum of 30 minutes following the second administration
of the disinfectant, as directed
Additional cleaning will take place on a case-by-case scenario with any bus needing
significant cleaning removed from service and replaced with a clean bus
All reusable cleaning towels, mops and brooms will be washed and dried or air dried
daily as appropriate
The fogging machine will be cleaned, disinfected and allowed to air dry
RMTM Staff Protection
All RMTM staff are instructed to wear a face covering while on duty; replacement masks
are available for damaged or worn out PPE
All RMTM staff are instructed to wear provided disposable gloves and wash hands
and/or use hand sanitizer regularly
Attachment 4
Page 59
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020
RMTM has added a portable hand washing station to the kiosk office at the Bear Lake
Road Park and Ride location. The hand washing station will be cleaned regularly and
only be made available to RMTM personnel
RMTM has regular handwashing access at the main office/garage and these facilities will
be cleaned regularly
Lunch break relief drivers will wipe down the steering wheel and all control panel
surfaces before and after their relief shift (a clean bus will be used if necessary)
Additional relief drivers will wipe down the steering wheel and all control panel surfaces
before starting their shift (a clean bus will be used by the relief driver if necessary and
available).
Staff are required to wash their uniform clothing and any used cloth masks daily
The staff members performing fogging are provided the following PPE; seamed and
hooded coveralls with elastic wrists and ankles, gloves, googles, and individually
assigned respirators. Replacement parts are available for damaged PPE
All staff required to perform proper hand hygiene after removal of PPE, exposed
clothing, and cleaning equipment (hand washing or hand sanitizer)
RMTM Office staff will wipe down phones, desks, chair arms, computer keyboards and
any other equipment touched in the due course of business
All staff are to adhere to the current social distancing requirements in all positions
All staff will have their temperature tested daily, prior to their shift, with an infrared
thermometer
All staff are expected to not work if illness symptoms present
Any staff member exhibiting symptoms is encouraged to seek medical assistance
All outside vendors and visitors will be required to adhere to social distancing, face
coverings and hand sanitizing guidelines at our facilities and on our vehicles
Recommended Operating Procedures:
Passenger loading/unloading will occur through the rear door on our “low-floor” style
buses with wheel chair access only occurring through the front door/ramp
Passenger loading/unloading on our “cutaway” style buses will occur through the normal
bus entrance/exit
Recommended passenger counts during the Covid-19 event will be 50% of available
seating capacity without standing room, which varies per bus style. RMTM staff will
make every effort to limit passengers to the appropriate levels
RMTM will ask clients to announce the limited passenger expectation to their
guests/passengers prior to boarding the transit vehicle
The CDC recommends “simple face coverings” for transit passengers due to the confined
spaces and difficulty of maintaining 6 foot distances in public transit vehicles
All RMTM vehicles will utilize air conditioning systems (where available) AND open
windows as available to allow for fresh air circulation
Page 60
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020
Continued on next page…
Covid-19 Resources:
RMTM utilizes the following guiding documents, but not limited to, for Covid-19 safety
protocols:
Centers for Disease Control. April 28, 2020. Guidance for Cleaning and
Disinfecting. Accessed from https://www.cdc.gov/coronavirus/2019-
ncov/community/pdf/Reopening_America_Guidance.pdf
American Public Transportation Association. April 13, 2020. The COVID-19 Pandemic –
Public Transportation Responds: Safeguarding Riders and Employees. Accessed from
https://www.apta.com/wp-content/uploads/COVID-
19_Transit_Guide_FINAL_04132020.pdf
Covid-19 Ongoing Safety Education Efforts:
RMTM management will monitor, but not be limited to safety guidelines, from the
Centers for Disease Control and American Public Transportation Association,
respectively, for updated information related to COVID-19 safety procedures:
https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/businesses-employers.html
https://www.apta.com/public-transit-response-to-coronavirus/
Rocky Mountain Transit Management, Inc. supported by the safety efforts of our parent
company, RATP Dev USA: https://www.ratpdevusa.com
Page 61
Page 62
TOWN BOARD MEETING
May 25, 2021
Report and Discussion Item 1.
Municipal Court Update.
No packet material will be provided for
this item.
Page 63
Page 64
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 25, 2021
RE: New Beer & Wine Liquor License Application for CMT2 Inc., dba You
Need Pie Diner!, 509 Big Thompson Avenue #300, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Liquor
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Beer & Wine liquor license located at 509 Big Thompson Avenue,
#300, Estes Park, Colorado. Application filed by CMT2 Inc., dba You Need Pie Diner!
Present Situation:
An application for a new Beer & Wine liquor license was received by the Town Clerk’s
office on April 22, 2021. All necessary paperwork and fees were submitted; please see
the attached Procedure for Hearing on Application – New Liquor License for additional
information. The applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and has not yet confirmed completion of the training.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Beer & Wine liquor
license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Page 65
Action Recommended:
Approval of the application for a new Beer & Wine liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Beer & Wine Liquor license is $1,112.
The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Beer & Wine Liquor license is $662.
Level of Public Interest:
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Beer & Wine Liquor license filed by
CMT2 Inc., dba You Need Pie Diner! be approved/denied.
Attachments:
1.Procedure for Hearing
2.Application
3.Individual History
4.Police Report
Page 66
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of CMT2 Inc.,
dba You Need Pie Diner! for a new Beer & Wine Liquor License located at 509 Big
Thompson Avenue, #300, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 22, 2021.
At a meeting of the Board of Trustees on May 11, 2021, the public hearing was
set for 7:00 p.m. on Tuesday, May 25, 2021.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.5 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CO – Commercial Outlying which allows this type of
business as a permitted use.
The notice of hearing was published on May 14, 2021 .
The premises was posted on May 12, 2021 .
Attachment 1
Page 67
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4.OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6.SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
Page 68
o I
DR 8404 (01/22/20)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application □New License �1 New-Concurrent □ Transfer of Ownership □ State Property Only □ Master file. All answers must be printed In black ink or typewritten
•Applicant must check the appropriate box(es). Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementlliquor
1. Applicant is applying as a/an D Individual □Limited Liability Company □ Association or other$ Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if pi'lrtm111�a{; rrtner's names; if corporation, name of corporation I FEIN Number
I B q�;s;�;���1 2a. Trade Nam� of Establishment (DBA) -{.fc I State Sales Tax Number
01-1 f'.\-eeA Pie ! 1>1Vlfl.l\' _ 1rrYJer��Po1L-P'·•�p')
3.Address of Premis es (s pecify exact location of premises, include s uite/unit numlrs ) •
k)·f)q 1, \f1 Tu6Yi\i0�Jy,City u I
Bs+es Pof't<...
4. Mailing Address (Number and Street)!Joe, 'l>iC\ )\-\ DYYH"lf...lYl
5. Email Address _, I
A.I{/,, -IJ-.3i)l)
�•�;t,l)-, I !.I v
V ttl@ UOLlY\Uc.l-1J i t1' lbM.
County State ZIP Code
} _R v-, tYl et'<to 8Dfi 17 City or Town State ZIP Code �sfCl.t'k... f_); g'OS/7
6. If the premises current� has a Ii quo� or beer license, you must ans wer the following questionsPresent Trade Name of Establishment (DBA)
Y\ ' 0\ I Present State License Number I Present Class of License
I" l °' "'· \ a Present Expiration Date n.l C,
Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees•
D Application Fee for New License ............................................ $1,550.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50� Application Fee for New License w/Concurrent Review ............ $1,650.00 D Lodging & Entertainment-L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1,550.00 D Lodging & Entertainment -L&E (County) ........................................... $500.00
Section B Liquor License Fees* D Manager Registration-H & R ................................................................ $75.00
0 Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavem ............................................................... $75.00 D Manager Registration-Lodging & Entertainment... ............................. $75.00D Add Related Facility to Resort Compiex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 0 Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308. 75 D Racetrack License (City) ....................................................................... $500.00 [g Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50D Distillery Pub Licens e (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50D Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not accept cash
Questions? Visit: www.coforado.gov/enforcementlliquorfor more information
Do not write in this space -For Department of Revenue use only
Liability Information Licens e Account Number I Liability Date I License I ssued Through (Expiration Date) 1;otal
Attachment 2
Page 69
oRa4o4(01122120 i Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure.All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typedor legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees arenonrefundable. Questions? Visit: www.colorado.gov/enforcementl/iquorfor more information
Items submitted, please check all aooropriate boxes completed or documents submitted
I. &plicant information
A. ApplicanVLicensee identified
�B. State sales tax license number listed or applied for at time of application
�C. License type or other transaction identified
D.Return originals to local authority (additional items may be required by the local licensing authority)
E.All sections of the application need to be completed
"' I\ @ F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this
Retail License Application
II.Diagram of the premises
ltJ-A. No larger than 8 1/2" X 11" }ittfll,,{�00 B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)
;../6.. � C. Separate diagram for each floor (if multiple levels)
j\� Eil D. Kitchen -identified if Hotel and Restaurant
[jl E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed)
n@ A. Deed in name of the applicant (or} (matching question #2} date stamped / filed with County Clerk
� B. Lease in the name of the applicant (or} (matching question #2) l)rrAt:1--/el)
r-0-C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant
11;c;I, D. Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documents
� A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
�
partners, members)
B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state
vendor. Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https:/luenro/1.identogo.coml
Phone: 844-539-5539 (toll-free}
ldentoGO FAQs: https:/Jwww.colorado.gov/pacific/cbilidentification-faqs
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/
Phone: 720-292-2722 To ll Free: 833-224-2227
�C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license
•f\.µ3-, D. List of all notes and loans (Copies to also be attached}
V.Sole proprietor/husband and wife partnership (if applicable)\§' A. Form DR 4679
'{\ B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)
� A. Certificate of IncorporationSi-B. Certificate of Good Standingt\l� C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)
� A. Partnership Agreement (general or limited}.'f' B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)D A.Copy of articles of organization
�J B.Certificate of Good Standingf'--C. Copy of Operating Agreement (if applicable}
D.Certificate of Authority if foreign LLC (out of state applicants only}
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this application
� A. $75.00 fee
'{'-8. Individual History Record (DR 8404-1}
C. If owner is managing, no fee required
2 Page 70
DR 8404 (01/22/20) Narn Ll'\/(1 ol \ \(\£...,1 Tt:�r,v1n0 I Account Number
7. Is the applicant (including any o\ the partners if a partnership; members or managers if a limited liability company; or officers, Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years?□�8.Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers,stockholders or directors if a corporation) or managers ever (in Colorado or any other state):
a.Been denied an alcohol beverage license?□(1i
b.Had an alcohol beverage license suspended or revoked?□�
c.Had interest in another entity that had an alcohol beverage license suspended or revoked?□�If you answered yes to Ba, b or c, explain in detail on a separate sheet.
9.
10.
11.
12.
13
13
14.
15.
Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes", explain in detail. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? Waiver by local ordinance? Otiher: Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-way of the Licensed LLDS/RLS. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less tihan (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
a.For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016?
b. Are you a Colorado resident?Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? $Lease D Ownership D Other (Explain in Detail)
a.If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
□
□ lxl
or □O'
ctJJ/fffi
r!f )ei
..M)ffi
lJ;l □
□
1jl □
Landlord 'Tenant Expires
9-a.n\l"\ V1\\11ru S}\ooai",1 (f.1\'!--l,r , L l--( fi'Y\1 '2-1 \\/\ L ·7 } 1-0�3
b.Is a petcentage-1::if alcohol sal� included as compensation to the landlord? If yes, complete question 16. □ c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, ' partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". V
16.Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name
Y\ \ i\First Name Date of Birth FEIN or SSN Interest/Percentage
Last Name
Y\ \t\
First Name Date of Birth FEIN or SSN Interest/Percentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) wlll share In the profit or gross proceeds of this establishment, and any areement
relating to the business which is contingent or conditional In any way by volume, profit, sales, giving of advice or consultation. Y\ 14 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises:rJ/a Has a local ordinance or resolution authorizing optional premises been adopted?Number of additional Optional Premise areas requested. (See license fee chart) I
18.For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received fromthe local governing body autihorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions.
_.,. ··-. -·-·-· ..,v .......
19. Liquor Licensed Drugstore (LLDS) a�plicants, answer the following:
a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located witihin the applicant's LLDS premise?JJ/R If "yes" a copy of license must be attached.
3
l\
Page 71
DR 8404 (01/22/20) Name ()\'\\ c t \ V\ v I Type of LicTse 'fbte,( w i (\ .e)
Account Number
20. Club Liquor License applicants answer the following: Attach a copy of applicable'documentatlon Yes No
a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? ,f)/{.bpb.ls the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the f/J/ PP object of a patriotic or fraternal organization or society, but not for pecuniary gain?
c. How long has the club been incorporated?6/fud.Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?
21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: !iJJ/ (ffJ a.Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)
22. Campus Liquor Complex applicants answer the following:
a.Is the applicant an institution of higher education?flJ/�
b.Is the applicant a person who contracts with the institution of higher education to provide food services?JJ/!P If "yes" please provide a copy of the contract with the Institution of higher education to provide food services.
23. For all on-premises applicants.
a.Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record �� -DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for de is. b.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application N/fr -DR 8000 and fingerprints.Last Name of Manager rv I ri I First Name of Manager /V / Pr
24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of m1,t!r Colorado? If yes, provide name, type of license and account number.
25.Related Facility -Campus Liquor Complex applicants answer the following: □ □ a.Is the related facility located within the boundaries of the Campus Liquor Complex? rJ /frIf yes, please provide a map of the geographical location within the Campus Liquor Complex.If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.b.Designated Manager for Related Facility-Campus Liquor ComplexLast Name of Manager NI A-I First Name of Man�7 A-
26. Tax Information. Yes Ng a.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ �other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?
b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ cyJ_other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?
27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners,and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more In-the
applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approvedState Vendor through their website. See application checklist, Section IV, for details.Name Home Address, City & State JDOB Position %Owned '1r1 \e-r, rj'""•N'Ylvl 'J/,Y\ 14Ji'I S -�-V rnlYl-� �sf'A.-tt (fl f�dt1(;r I tGO Jl)O Name I Home Address, City & State DOB Position %Owned
Name Home Address, City & State DOB Position %Owned
Name Home Address, City & State DOB Position %Owned
Name Home Address, City & State DOB Position %Owned
** If applicant is owned 100% by a parent company, please list the designated principal officer on above. •· Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable)**�I ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S.
4 Page 72
DR 8404 (01/22/20) Name C}(Y'(f d-I \ V'\V
I Type of Licen�r I Account Number VJeev-\,U I nv
Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liqu<?r qr Beer Code which �ct my license. Authorizel4,l(f\J\e/''Printed fial"[le and Title \ a IP,ri f ·111 lf'fYI t/J.jj'(\ � rt'5iM�� Date / i-\ I u i,
Report and Approval of Local Licensing 1Authority (City/County) Date applicatio:.f llz�,;;�rity I Date of local authority i;r, Uni��applicants; cannot be less than 30 days from date of application)
The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: � Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date � Will conduct inspection upon approval of state licensing authority
D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-Yes No premises sales in a jurisdiction with a population of> 10,0000? □ □
D Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-□ □ premises sales in a jurisdiction with a population of < 10,0000?
NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from the sale of food, during the prior twelve (12) month period?
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved.
Local Licensing Authority for !Te lephone Number I D Town, City D Countv Signature Print Title Date
Signature Print Title Date
5 Page 73
_,
I \ J I
. ' I / I I l , I \ \ \ l I I ( f
! I �i I ...
p
' Page 74
DR 8404-1 (03120119)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Dlv1s!on
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number (_MTJ-, \v\C q, 0 Lt>CjCj &"?17� I Cellular Number C/70 &r/0 �373 2.Your_Thame (last, first. middler , uYnv:> S6Yl, V �l ex1 -e. McLn'-v 3.List any other names you have used
°5fY\.rtY\1 \J {A k.rt e Mo...11 fv4.Mailing address (if different from residence) Email Address ex>C\ i,l\Thm11.o� fw:t-t"i3tt> e'fsl'sfo/4 .. to io.;-n i/(.l[@uou..�tt>e Joi P. tJJ.Jv..
5.List curre-nt residence address. Include any previous addresses within the last f!Ve years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current \4�\ s . s+. V f eu "·;#;·:E:> &:Jes f fLYIL. 1 1/2-ei 13 pt"t'Y�rf-to 3D517 Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Cri'YL� I \ h (._,._ , fv.-c,1 g,�Pc.i1<5tff�, c,1h6n1.!'.H':Y\ .. Dil t.t�, o-.vrer }ml\ a_l, li--0 I 3 ¥r1'S6ct-
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
'(\ \ (i\
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,0Yes �Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
Y\ \ °'
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
V\ \ C\
Attachment 3
Page 75
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes t5jJ_Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes 15faJodeferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes fSZI No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a Date of Birth_, I b Social Se curity Numbe r
--
e . If Nat uralized, state whe re Y\\ V\
c. Place of Birtht11 s.� Gmvtd.f. tw J7--CJy;C,f.Whe n n I c,g.Name of Distric\ Court� c,
I d.U.S. Citizen J1SJ_Yes □No
h.Nat urallzation Ce rtificate Numbe rhlc, i.Date of Ce rtificat ion j. lf anAlien, Give A lie n's Re gistration Card Numbe rt. Permane nt Re sidence Card Numbe r�tq �14 �(4 I He igt .-, m. We igw n. Hair Color 6' t)
1 '1 �O l kll'J.IJY\ o.Eye Col or
�) I.Al,
Ip. Ge nde r I q. Do you have a curre nt Drive r's License/ID? If so, give numb e r and state(✓.pr(\(tl-e,, [I Yes □ No #. / State u{) 14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. s 'JQOO. f>Jb. List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. S Y\ \ c-i•If corporate investment only please skip to and complete section (d)••Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment
-
"'\ ft.. � \ \. \
-.Account Type Bank Name
I
Amount
--
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
(,Q;t�h Y\ lC\'hue; hl"S61. \,eel ill: icU\,¥... 6 r Co lDr[lrlo t;uoo. «>c.,
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
\[\ \l\
Oath of Applicant
-
I declare under oenaltv of oeriurv that this aoolication and all attachments are true correct and comolete to the. best of mv knowledoe. Authorize\ �Ti\
V • I
t-z-----I Print s�(,�\ti) e ili!moSW'\l litle HfS'ic\M I W{)
I D 1/vtfv
l Page 76
B. TOWN OF ESTES P�
May 3, 2021
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 8051 7
Dear Ms. Williamson:
RE: CMT2 Inc dba You Need Pie! Diner
509 Big Thompson Ave #300
Thompson, Valerie
A check of the Estes Park Police Department local records on the above
individual and business was conducted. The research on this individual was
done to include records back to October 2004 if transferred to the new system.
Valerie Thompson was cited for a Wildlife Protection Ordinance. Valerie
Thompson and the business is named as a Victim of Forgery. There are no other
reports involving the business or the individual.
s��'
Wes Kufeld
Chief of Police, Estes Park Police Department
170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 w, w.estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
Attachment 4
Page 77
Page 78
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 25, 2021
RE: New Hotel & Restaurant Liquor License Application for The Post Brewing
Company Estes Park LLC dba Post Chicken and Beer, 333D East
Wonderview Avenue, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Liquor
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Hotel & Restaurant liquor license located at 333D East Wonderview
Avenue, Estes Park, Colorado. Application filed by The Post Brewing Company Estes
Park LLC dba Post Chicken and Beer.
Present Situation:
An application for a new Hotel & Restaurant liquor license was received by the Town
Clerk’s office on April 23, 2021. All necessary paperwork and fees were submitted;
please see the attached Procedure for Hearing on Application – New Liquor License for
additional information. The applicant is aware of the Town Board’s Training for
Intervention Procedures (TIPS) requirement and has in house training that can be
reviewed by the applicant during the hearing if the Board would like more information.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Hotel & Restaurant
liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 79
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Hotel & Restaurant liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is
$1,319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869.
Level of Public Interest:
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Hotel & Restaurant Liquor license
filed by The Post Brewing Company Estes Park LLC dba Post Chicken and Beer be
approved/denied.
Attachments:
1.Procedure for Hearing
2.Application
3. Individual History
4.Police Report
Page 80
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of The Post
Brewing Company Estes Park LLC dba Post Chicken and Beer for a new Hotel &
Restaurant Liquor License located at 333D East Wonderview Avenue, Estes Park,
Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 23, 2021.
At a meeting of the Board of Trustees on May 11, 2021, the public hearing was
set for 7:00 p.m. on Tuesday, May 25, 2021.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.5 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Corporation.
The property is zoned A – Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on May 14, 2021 .
Attachment 1
Page 81
2
The premises was posted on May 12, 2021 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4.OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6.SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
Page 82
DR 8404 (01/22/20) COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Appl ication □New License � New-Concurrent □ Transfer of Ownership □ State Property Only □ Master file. All answers must be printed in black ink or typewritten . Applicant must check the appropriate box(es) . Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementlliquor
1.Applicant is applying as a/an D Individual � Limited Liability Company □Association or OtherD Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number
The Post Brewing Company Estes Park, LLC.
2a. Trade Name of Establishment (OBA) I State Sales Tax Number Business Telephone
Post Chicken and Beer ;; 303-448-9182
3. Address of Premises (specify exact location of premises, include suite/unit numbers)
333-D E. Wonderview AveCity County State ZIP Code
Estes Park Larimer co 80517
4. Mailing Address (Number and Street)City or Town State ZIP Code
944 Pearl Street Boulder co 80302
5. Email Address
jen@bigredf.com
6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (OBA) I Present State License Number I Present Class of License Present Expiration DateNIA N/A N/A NIA
Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees*
D Application Fee for New License .......................................... S1,550.00 D Liquor-Licensed Drugstore (Count;) . ........ , .......... ... ............... S312.50 � Application Fee for New License w/Concurrent Review ............ S1,650.00 D Lodging & Entertainment -L&E (City) ........................................... S500.00 D Application Fee for Transfer .................................................. S1,550.00 D Lodging & Entertainment -L&E (County) .... .. , .............. ................. $500.00
Section B Liquor License Fees� D Manager Registration - H & R .................... _ ......... . • . .. ................ S75.00
D Add Optional Premises to H & R ......... S100.00 X Total D Manager Registration -Tavern ................... ..... .. .. .......... .................. S75.00 D Manager Registration -Lodging & Entertainment. ............................... S75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... S75.00 0 Add Sidewalk SeNiceArea .................................................................... S75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ S308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. S351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility -Campus Liquor Complex (City) .............................. S160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility -Campus Liquor Complex (State) ............................ S160.00 D Campus Liquor Complex (State) ......................................................... S500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ S312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... S227.50 � Hotel and Restaurant License (City) ................................................... S500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. S750.00
*Note that the Division will not accept cash
Questions? Visit: www.colorado.gov/enforcementlliquor for more information
Do not write in this space -For Department of Revenue use only
Liability Information License Account Number I Liability Date I License Issued Through (Expiration Date) l!otal
Attachment 2
Page 83
oRa4o4(01122120i Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov!enforcementlliquor for more information
Items submitted olease check all aooropriate boxes completed or documents submitted
I.Applicant information
� A. Applicant/Licensee identified
� B. State sales tax license number listed or applied for at time of application
� C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this
Retail License Application
II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)D C. Separate diagram for each floor (if multiple levels)D D. Kitchen -identified if Hotel and RestaurantD E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk
� B. Lease in the name of the applicant (or) (matching question #2)
� C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documents
� A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members) D B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state
vendor. Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https:l/uenro/l.identogo.coml
Phone: 844-539-5539 (toll-free)
ldentoGO FAQs: https:llwww.colorado.gov/pacificlcbi/identification-faqs
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http:l/www.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 Toll Free: 833 -224-2227 D C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license D D. List of all notes and loans (Copies to also be attached}
V. Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)D A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)
� A. Copy of articles of organization
� B. Certificate of Good Standing
� C. Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this application
� A. $75.00 fee
� B. Individual History Record (DR 8404-1)D C. If owner is manaaina. no fP.P. rP.ni 1irArl
Page 84
DR 8404 (01/22/20)
Name I Type of License I Account Number
The Post Brewing Company Estes Park, LLC. H&R
7. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, Yes No
stockholders or directors if a corporation) or managers under the age of twenty-one years?□�
8. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers,
stockholders or directors if a corporation) or managers ever (in Colorado or any other state):
a.Been denied an alcohol beverage license? □�
b. Had an alcohol beverage license suspended or revoked? � □
c. Had interest in another entity that had an alcohol beverage license suspended or revoked?� □
If you answered yes to 8a, b or c, explain in detail on a separate sheet. See explanation attached
9.
10.
11.
12.
13
13
14.
15.
Has a liquor license application (same license class). that was located within 500 feet of the proposed premises, been denied within the
preceding two years? If "yes", explain in detail.
Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of
Colorado law, or the principal campus of any college, university or seminary?
Waiver by local ordinance?
Other:
Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises
sales in a jurisdiction with a population of greater than(>) 10,0000? NOTE: The distance shall be determined by a radius measurement
that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-
way of the Licensed LLDS/RLS.
Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises
sales in a jurisdiction with a population of less than(<) 10,0000? NOTE: The distance shall be determined by a radius measurement
that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal
doorway of the Licensed LLDS/RLS.
a. For additional Retail Liquor Store only. INas your Retail Liquor Store License issued on or before January 1, 2016?
b. Are you a Colorado resident?
Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a
Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any
current financial interest in said business including any loans to or from a licensee. Please see attached
Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other
arrangement? D Ownership � Le ase D Other (Explain in Detail) The Post Brewing Company Estes Park, LLC.
a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
□
□ �
or □ □
□�
NIA
□�
NIA
□ □ N/A
� □
� □
� □
Landlord I Tenant Expires
JWC Stanley Holding, LLC The Post Brewing Compnay Estes Park, LLC 06/01/2026
b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16.� □
c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls,
partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11".
16.Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money.
inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary.
Last Name First Name Date of Birth I FEIN or SSN lnteresUPercentage
Cullen John 10% afer 53.5 million
Last Name First Name Date of Birth I FEIN or SSN lnteresVPercentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including
partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement
relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation.
17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises: d'A□ Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested. (See license fee chart) I
18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from
the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or
other legal permissions.
19. Liquor Licensed Drugstore (LLDS) applicants, answer the following:NIA
a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise?□ □
If "yes" a copy of license must be attached. Page 85
DR 8404 (01/22/20) Name I Type of License Account Number
The Post Brewing Company Estes Park LLC H&R
20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a national, social, fraternal, pat riotic, political or athletic purpose and not for pecuniary gain? □□ b.Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the □ □ object of a patriotic or fraternal organization or society, but not for pecuniary gain? c.How long has the club been incorporated?NIA
d.Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons slated above? □ □
21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following:[}J/A0 a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)
22. Campus Liquor Complex applicants answer the following:NIA
a.Is the applicant an institution of higher education? □ □
b. Is the applicant a person who contracts with the institution of higher education to provide food services?□ □ If "yes" please provide a copy of the contract with the institution of higher education to provide food services.
23.For all on-premises applicants.
a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit anIndividual History Record-DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details.b.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints.Last Name of Manager I First Name of Manager
Smith Brett
24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number. PLEASE SEE ATTACHED [gJ □
25. Related Facility -Campus Liquor Complex applicants answer the following:□ □ a. Is the related facility located within the boundaries of the Campus Liquor Complex?N/A If yes, please provide a map of the geographical location witllin the Campus Liquor Complex.If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.b. Designated Manager for Related Facility-Campus Liquor ComplexLast Name of Manager I First Name of Manager
N/A N/A
26.Tax Information. Yes No
a.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in thepayment of any state or local taxes, penalties. or interest related to a business?
b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ �other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section44-3-503, C.R.S.?
27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners,
and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the
applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approvedState Vendor through their website. See application checklist, Section IV, for details.Name Home Address, City & State
David A. Query 299 Green Rock Drive Boulder. CO 80303
Name Home Address, City & State
Robert J. Krenz 3512 Black Cherry Court Boulder, CO 80301
Name Home Address, City & State
Name Home Address, City & State
Name Home Address, City & State
IDOB
DOB . -.
DOB
DOB
DOB
••If applicant is owned 100% by a parent company, please list the designated principal officer on above.
I Position %Owned
managing member 5.7 Position ¾Owned
Owner 12.1 Position %Owned
Position %Owned
Position %Owned
••Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ••If total ownership percentage disclosed here does not total 100%, applicant must check this box: � Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S.
Page 86
DR 8404 (01/22/20)
Name I Type of License I Account Number
The Post Brewing Company Estes Park LLC H&R
Oath Of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my
knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the
Colorado Liquor or Beer Code which affect my license.
Date Authorized Signature � lJ.ren ,. I Printed Name and Title
Jennifer Broyles 4/1/2021
Report and Approval of Local Licensing Authority (City/County)
Date application filed with local authority I Date of local authority hearing rr new license applicants; cannot be less than 30 days from date of application) �,£�1�-u -5 Zs Jz.,..,-, 1
The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has
been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants
That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is In compliance with
and aware of, liquor code provisions affecting their class of license
(Check One) D Date of inspection o. anticipated date D Will conduct inspection upon approval of state licensing authority □Is the Liquor Licensed Drugstore {LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-Yes No
premises sales in a jurisdiction with a population of> 10,0000?□ □ □Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-□ □ premises sales in a jurisdiction with a population of< 10,0000?
NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises
for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.□Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from the sale of food, during the prior twelve (12) month period?
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. '!Ve do
report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply
with the provisions of Title 44. Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved.
Local Licensing Authority for !Te lephone Number I D To wn, City D Countv
Signature Print Title Date
Signature Print Title Date
Page 87
Ownership Explanation:
GOODBIRD HOLDING COMPANY, LLC. OWNS THE FOLLOWING ENTITIES
Legal Entity OBA License# %Owned
The Post Brewing Company The Post Chicken & 03-09153-0000 100%
Boulder, LLC Beer
The Post Brewing Company, LLC The Post Chicken & 4 7-02066-0000 100%
Beer
GoodBird Kitchen Longmont, LLC The Post Chicken & 42-81759-0000 100%
Beer
GoodBird Kitchen South The Post Chicken & 47-07223-0000 100%
Broadway, LLC Beer
Post Brewing Company Estes The Post Chicken & Under Construction 100%
Park, LLC Beer
Post Fort Collins, LLC The Post Chicken & Under construction 100%
Beer
The Following Entities/Persons hold majority ownership of GOO DBI RD HOLDING COMPANY, LLC
Legal Entity Owner License# % Owned
JX3 Post, LLC Robert Krenz 12.125%
David Query David Query 5.706%
Brett Smith Brett Smith 4.641%
Page 88
The Post Brewing Company Estes Park, LLC
ATTACHMENT to DR 8404
Question 8: List of entities with liquor license suspensions
Empire Crabhouse, LLC
dba Jax Fish House
928 Pearl Street
Boulder, CO 80302
#07-34731-0000
Sale to minor violation - 2 day suspension served
The Food Group, LLC
dba Zolo Grill
2525 Arapahoe Avenue
Boulder, CO 80302
#10-82670-0000
Sale to minor violation - 2 day suspension served
Happy Noodle, LLC with name change to The Bitter Bar, LLC (business sold in 2014}
dba Happy Noodle
835 Walnut Street
Boulder, CO 80302
#28-60536-0000
Sale to minor violation - 2 day suspension served
1575 Boulder Street, LLC
dba Lola
1575 Boulder Street
Denver, CO 80211
#15-30952-0002
Sale to minor violation -fine and 1 day suspension served
Question 14:
David Query is the LLC Manager of these other businesses with liquor and beer licenses:
Legal Entity Restaurant Name License# Query Own
The Food Group, LLC Zolo Grill 10-82670-0000 27.5%
Empire Crabhouse, LLC Jax Fish House 07-34731-0000 35.0%
Jax Fish House -Denver, LLC Jax Fish House 23-782 79-0000 32.0%
950 Pearl Street, LLC Centro 14-38442-0000 37.5%
1575 Boulder Street, LLC Lola 15-30952-0002 40.0%
Next Door, LLC West End 18-24767-0000 31.5%
Jax Fish House Fort Collins, LLC Jax Fish House 15-79848-0000 7.67%
Jax Fish House City Set, LLC Jax Fish House 47-00959-0000 7.67%
The Post Brewing Company, LLC The Post 4 7-02066-0000 5.706%
Jax Fish House KC, LLC (Missouri) Jax Fish House LIC-9-14-10029466 7.67%
GoodBird Kitchen Longmont, LLC The Post 42-81759-0000 5.706%
GoodBird Kitchen South Broadway, LLC The Post 47-07223-0000 5.706%
The Post Brewing Company Boulder, LLC The Post 03-09153-0000 5.706%
Jax in the Springs, LLC Jax Fish House 03-12506-0000 7.67%
Page 89
Post Fort Collins, LLC
IHR {DR8404-I) Robert James Krenz
Post Fort Collins, LLC is owned 100% by GoodBird Holding Company, LLC. GoodBird Holding
Company, LLC also owns 100% of five other entities. I, Robert Krenz, am the largest
shareholder of GoodBird Holding Company, LLC by virtue of my ownership in JX3 Post, LLC
which currently owns 12.125% of GoodBird Holding Company, LLC.
Question 8
Other Legal Entities with Liquor Licenses Restaurant License#
Owned by Good Bird Holding Company, LLC Name
The Post Brewing Company, LLC The Post 47-02066-0000
GoodBird Kitchen Longmont, LLC The Post 42-81759-0000
GoodBird Kitchen South Broadway, LLC The Post 47-07223-0000
The Post Brewing Company Boulder, LLC The Post 03-09153-0000
The Post Brewing Company Estes Park, LLC The Post Applying For
Question 14
Cash flow from the above operational entities is being used to fund the entire $800,000
expected investment in Post Fort Collins, LLC.
Page 90
n 0
a,
0
(.Tl
-..J
g· __ ::,.
< en ::::; -m , "" :;o 8 -n
�
, ....... i / I ( ........ �--... ....., ....
WEST
.. '.)
Pos, '•Driv "-eway \., \ '--., -·, .
. _ . .:entrance :' . \ � LJ· ,..,_ __ �_ .... --
Parking
·--=-� .. :--·r
lJ '
•-=-�· I.-----=
(
a
(j
z 0 ::IJ -i :c
l --✓
►
Page 91
"'"'"'
fT1
::, C. Ill < ;.·
--9.·)SJ �
'• ,.
,'
/.'
'\
,I' "
...,. ,,
/ ,,
'\ /. '-, ,:
:::. ,._,
"-, <''
7 ,,✓ "'·,, �-!' '>, �:-"
shaded is patio area
' .,, �"
./' ';
'\-, /
✓ ·,
\, ,-!'
✓-'\
\,
./ \,
'\ "
,/' ��-
", ..
west
l!•IH"
J r J ( i { ] ( l 1 1 } i 1 ij j I J
P"l: • .:.t;; ,.i.� 'J
,r J f
} { ,�1-·
-= 1-���::::::::
/ ',
•r-":. �r
.1
I 1··�: ·. 11 h
�
Entrance
{ J� l
J
LJ!
I
1-s
Lounge
____ r:,�.
z 0 ::i :::r ►
Page 92
North
I tl�lllt'Al,t = r
,,.., � 7l rnotca
,=:sJ· 'iJ
!I
.. ·--·1
i
lOUtlGr I I 1 _, ,, (/) .,
__::__:_c_;_:__"·""' _"I_ -h ·-· I . .u
i ll l =-·., [=�i'� i r,''"-I
___ I ___ . �l���u n "����A
,--I---
I II:
� ---:=, """"""' I
� ;_,_,_,
Ii ·� '"�I
--� \:o =
I .. ,�---• Q• ,,_o o!. 11-o ,, I _J L
c::::!
lft,}11' ---------
LIQUOR AREA PLAN -BASEMENT P
....-.rt"
f\ /l'001IY-x 333-D E. Wonderview Ave Estes Paik, CO 80517
Page 93
OR �I (03/20119)
COLORADO DEPARTMENT OF REVENUE
Ut;ua-Entorcemont OMslon
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors: general partners regardless of percentage ownership, and limited partners owning 10½ or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, end members owning 10% or more of tho company; and any intended registered manager of Hotel and Restaurant, Tevem and Lodging and Entertainment class of retail license
NoUce: This individual history record requires information that 1s necessary for the hcenaing lnvesligation or inquiry. All que,tions must be answered In lhelr entirety or the license application may be delayed or denied If a question Is not appllcab!e, please indicate so by 'N/A" Any deliberate mlarepl'!Mlentation or malarial omission may Joopardlze the license appllcaUon. (Please attach a separate sheet if necessary to enable you to answer question s completely) 1 Name of BustnellS Home Phone Number I cellular NumberThe POST BrewlnQ Company Estes Park LLC 303.579.8851 303.579.8851
2 Ycur Full Name (lasl, fi1111. middle) 3. List any other names ycu ha;";! usedKrenz, Robert, James Krenz, Robb 4. Maflll'!g address (II different trom rasldenca) Err.all Acdres$ PO Box 3619, Boulder, Co 80307 sgl1rl<inv@lcloud.com 5 List current residence address. lncJudo any previous address.is within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Curran! 4312 Black Cherry Ct. Boulder, Co 80301 3.1.21 Present Pl"!!viOU$ 2384 Dennison Ln. Boulder, Co 80305 9.1.97 3.1.21
6.List all employment within Iha last fivo years. Include any se!f-err.ployrnent. (Attach separate sheet if necessary)Name of Employer or Buslnoss Address (Street, Numb-:,r, City, State, Zip) Pooltlon Hold From To
SlngleTrack Inv. I Self Employed 4312 Black Cherry Ct., Boulder, Co 80301 Founder/Mngr 8.1.03 Present
7.List the name(s) of relatives working in or holding a financial interest In !he Colorado alcohol beverage industry.Name of Rolatlvo Relationship to You Position Held Name of Licensee
N/A NIA NIA NIA
6.Have you ever applied for, held, or ha d en interest in a Colorado Liquor or Beer License, or loaned money t8l Yes 0No fumilure. fixtures, equ:pmenl or inventory to any licensee? (If ves, answer In detail )
See Attached.
9. Have you ever received a violation notice, suspen51on, or revocation for a liquor law violation, or have you 0Yes 1:81No applied for or been denied a liquor or beer licensa anywhere in the United States? (If ves, explain in detail.)
Attachment 3
Page 94
OR 8404-1 (03/20119)
10.Have you ever b8iln convicted or a crime or recerved a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do vou have any char11es oendin9? (If yes. explain in detail ) 0Yes �No
11. Are you currently under probation (supervised or unsupervised), parole, or complet,ng the requirements of adeferred sentence? (If yes, explain in detail,)i---------'-.,__,..;.....__._ __ .;;..;.;;:;;..:!,__ __________ , -----------------�
0Yes 18lNo
12.Have you ever had any professional license suspended. revoked, or denied? (If yes, explain in detail.) 0Yes C81No Personal and Financial Information Unless otherwise provided by law, the personal Information required in question #13 will be treated as confidential. The personal Information roouired in ouestion #13 is sole:V for ldentif calion cul'DOM3s. 13a n21" "' �-� 1 "· Soe:al �nt·, Number c Place oflfU111 Wheaton, MN I d. U.S. Citizen !8lves D Noe. II tieluralizod, &lat� where --------+r�w-,ie_n ____ _;_;.;.;....-10-.""'tl�s.;..ma�oi 61s!tiet CQurt ,______ ,,....--=--=__,.-n,..,./_a nla . __,-,.�,_n_la_-:--:::-----=-..,., h. Naturalization CerJ?-'C.'.!te Number 1. Date of Certf.cation I j. If an A.""-'1'1. Gi'.re Alien's Reg,stral:al Car.iNurr:.t>Jrj k. Permanent Re�nce Card Nurnt>iirn/a n/a _1_ n/a I nla t.Height ,m. \Ne�ht I"· Har CcfOI' o. Eye (:(:for lp G<inder lq Do you ha'l!l a current Driver's l.Y'..ffl:i,;:,10? II so,g;vo nu:nterand ala� 6'2" 195 1 Silver Green I M 118) Ve, 0 No # _ · : Slate CO 14. Financial Information.
a. Total purchase price or investment being made by the applying entity. corporation, partnership, limited liability company, other.
$ NIAb. List the total amount of the personal investment , made by the person hsted on question #2, in this business including anynotes, loans, cash, "rvices or equipment, operating capital, stock purchases or fees paid. $ .:::O _________ _
• If corporate lnvesbnent only please skip to and complete section (d)••Section b should renect the total of aectlons c and ec.Provide details of the personal investment descnbed in 14b. You must account for all or the sources of this investment. (Attach a separate sheet if needed)
Typ.i: Cash, �rvlces or Equipment Account Type Bank Name
NIA NIA NIA
Amount -----------·-·--11------------------------¾--N/A
!------------------',-------------+--------------+-------1 �---------------'!�----------11 -·---. --------------·-
/ d Provide details of the corporate investment described in 14 (a) You must aa:ount for a I or the Gources of this investment (Attach a separate sheet if needed) Type: Caah, Services or Equipment Loans j Account Type Bank Name Amount
NIA N/A N/A N/A NIA --------------�i-----+------+----··---···-·---+--_____ ...,
e Loan lnformallon (Attach copies of all notes or loans)
Name of Lender Address
NIA NIA i---------------+------------1
-------------➔---------..
__ .. ___________ 4-_____ _
Term Security Amount
NIA NIA NIA ------+-··------+-------!
------�-----+--------!
Oath of Applicant I declare under oanalty �nurv thal this aoollcal1on and 111l :11tachments are true corred and comolete to the best ol mv linnwl edne.
I.. �n�� r""�/4 :1. Kt'P.Z llllle Owner 1 °;1�24.21
' • I f
Page 95
The Post Brewing Company Estes Park, LLC
IHR (DR8404-I) Brett Stewart Smith
The Post Brewing Company Estes Park, LLC is owned 100% by GoodBird Holding Company, LLC.
GoodBird Holding Company, LLC also owns 100% of five other restaurants. I currently own
4.641% of GoodBird Holding Company, LLC.
Question 8
Other Legal Entities with Liquor Licenses Restaurant License#
Owned by Good Bird Holding Company, LLC Name
The Post Brewing Company, LLC The Post 4 7-02066-0000
GoodBird Kitchen Longmont, LLC The Post 42-81759-0000
GoodBird Kitchen South Broadway, LLC The Post 47-07223-0000
The Post Brewing Company Boulder, LLC The Post 03-09153-0000
Post Fort Collins, LLC The Post Applying For
Question 14
Cash flow from the above operational entities is being used to fund the entire $800,000
expected investment in The Post Brewing Company Estes Park, LLC.
Page 96
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicateso by "N/A"_ Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Mame of Business Home Phone Number I Cellular NumberPost Chicken and Beer NIA 978-518-16782.Your Full Name (last, first, middle)3.List any other names you have usedSmith, Brett, Stewart NIA 4.Mailing address (if different from residence) Email Address 373 Poppy View Lane, Erie, CO, 80516 smitty@postbrewing.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current t°(,iY·•A-373 Poppy View Lane Erie, CO, 80516 09111120 Previous 827 Turpin way Erie, CO, 80516 02/10110 09/11/20 6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)Name of Employer or Business Address (Street, Number, City, State, Zip)Position Held From To
Big Red F Restaurant Group 944 Pearl St, Boulder, CO, 80302 Chef/Director 01/01116 '\\�')-:.-.+
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.Name of Relative Relationship to You Position Held Name of Licensee
NIA NIA NIA NIA
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,!8!Yes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) I held the license for The Post Brewing Co, 105 W Emma St, Lafayette, CO, 80026 for a couple months in 2013 until wehired a GM
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes t8J Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
NIA
Page 97
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited OYes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
NIA
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a OYes �No deferred sentence? (If yes, explain in detail .)
NIA 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)OYes C8J No
Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in auestion #13 is solelv for identification purposes. 13a. Date of Birth I b. Social Security Number c.Place of Birth I l:81Yes ONoPoughkeepsie, NY d. U.S. Citizen
e. If Naturalized, state where f.When g Name of District Court NIA NIA NIA h. Naturalization Certificate NumberN/A i.Date o) Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number}J t\ NIA N/A I.Height Im. Weight In.Hair Color6'2"21 O Brown 14.Financial Information.
o.Eye ColorGreen IP· Gender Male I q.Do you have a current Driver's License/ID? If so, give number and state.� Yes D No # State CO
a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$•NIA ,-b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0*If corporate investment only please skip to and complete section (d)
"* Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
N/A NIA N/A N/A
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
NIA I
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
N/A N/A N/A N/A NIA
i£./n Oath of ApplicantI declare I de enaltv . ..Af oeriurv that this annlication and all attachments are true correct. and comolete to the best of mv knowledae.Authorizwsi7,�J/ [/,..L-----I Print Signature Brett Smith !Title Director Operations ,□ate03/29/21 Page 98
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
Business Location
1881 Pierce Street, Suite 1 OBA
Lakewood, Colorado 80214
Phone (303) 205-2300
FAX (303) 205-2341
E-mail: LED@dor.state.co.us
Website: VNNt.colorado.gov/revenue/liquor
June 27, 2013
BIGREDF RESTAURANT GROUP
DAVID ALLEN QUERY
1928 PEARL STREET
BOULDER, CO 80302
Re: State Individual Master File for David Allen Query
Account# L024807
Dear Mr. Query:
John H1ckenlooper
Governor
Barbara J Brohl
Executive Director
Don Burmama
Division Director
This is to advise you that the Colorado Liquor Enforcement Division ("Division") has, at your
request, created an individual "master file" for you.
As of the date of this letter our master file includes the following items which you have
submitted:
1.Individual History Records (Form DR 8404-1) for the following persons:
David Allen Query
2.Fingerprint cards bearing the names and birth dates of the persons listed in
paragraph 1, above. All the fingerprint cards have been submitted by us to
the Colorado Bureau of Investigation. The CBI and FBI have checked the
prints and reportedly found no record of any criminal history for those listed
above.
Page 99
Individual Master File, Query, David Allen
Page 2
When filing a new application for additional licensed locations, you must check with the
local licensing authority to determine what documents they may require to process your
application. Please feel free to provide them with this letter, as many local authorities will
not require you again to submit fingerprint cards to them if you have already submitted
such documents to the Division. This letter will serve to inform the local authorities exactly
which documents you have already submitted to the State Enforcement Division.
Finally, once the local authority has approved your new license or transfer of ownership
application, it must be sent to the Division.
The local authority need not send change of corporate structure information previously
reported to the Division, as listed in and approved by this letter.
The only documents which are needed for a new or transfer of ownership application by
the Division are:
1.The approved application signed by the local authority;
2.The appropriate fees;
3. A copy of this letter;
4.Proof of possession of the premises;
5.A diagram of the licensed premises;
6.Completed form DR 8442, and an Individual History Record (DR-8404-1)
if manager's registration is required.
Sincerely,
Don Burmania
Division Director
Page 100
TOWN OF ESTES P�
May 3, 2021
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 8051 7
Dear Ms. Williamson:
RE: The Post Brewing Company dba Post Chicken &
Beer
333 DE Wonderview Ave.
Krenz, Robert James
Smith, Brett Steward /
A check of the Estes Park Police Department local records on the above
individuals was conducted. The research on these individuals were done to
include records back to October 2004 if transferred to the new system. There are
no reports involving the individuals listed in the system.
Sincerely,
Wes Kufeld
Chief of Police, Estes Park Police Department
----,
170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
Attachment 4
Page 101
Page 102
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten, Superintendent Eshelman,
Finance Director Hudson, Town Attorney Kramer
Date: May 25, 2021
RE: Resolution 43-21 Approving the USDA Loan Resolution for the Glacier
Creek Water Pre-Treatment Plant Project
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
To ensure the long-term provision of high-quality, reliable drinking water service by
accepting the generous USDA construction loan.
Present Situation:
The Town acting by and through its Water Activity Enterprise, provides drinking water
service to most of the Estes Valley with two water treatment plants.
The Colorado Department of Public Health and Environment (CDPHE) 2018
Disinfection Outreach and Verification Evaluation (DOVE) inspection resulted in the
Glacier Creek Water Treatment Plant (GCWTP) being de-rated from a “conventional”
plant to “direct filtration”. Consequently, the plant can no longer meet drinking water
regulatory requirements under all operating conditions.
Proposal:
Staff proposes rebuilding the existing pretreatment process to restore the conventional
plant rating and bring the plant back into compliance under all operating conditions. The
proposed pretreatment improvements consist of a new pretreatment building with a
rapid mix basin, flocculation, sedimentation with plate settlers, and supporting ancillary
systems.
The USDA will finance the completed project with a guaranteed $7,675,000 loan at
1.375% interest rate over 40 years in addition to a $2,369,000 grant. Approval of the
USDA Loan Resolution 1980-27 is required to secure interim construction financing.
UTILITIES
Page 103
Advantages:
●The project supports the Town’s mission to provide high-quality, reliable services
●The favorable financing will help reduce future rate pressure
●The funds will support construction to regain the lost treatment capacity
Disadvantages:
●USDA financing comes with many conditions and processes; however, we are
familiar with the program and conditions
●The project is expensive; however, the Glacier Plant was built in the early 1970s
and is past its useful life. This construction will complement the replacement of
the plant. project
Action Recommended:
Staff recommends approval of the resolution
Finance/Resource Impact:
Debt of $7,675,000 at a 1.375% interest rate over 40 years
Level of Public Interest
Medium; Our customers have a high interest in water rates; however, we are required to
meet regulatory compliance and provide high-quality reliability water service.
Sample Motion:
I move to approve Resolution 43-21.
Attachments:
1. Resolution 43 -21 - Loan Resolution Form 1780-27
Page 104
Position 5
RUS BULLETIN 1780-27 APPROVED
OMB. No. 0572-0121
LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE
OF THE
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the _______________________________________________________________________________
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
__________________________________________________________________________________________________________
pursuant to the provisions of _______________________________________________________________________________; and
WHEREAS, the Association intends to obtain assistance from the United States Department of Agriculture,
(herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) in the planning. financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE, in consideration of the premises the Association hereby resolves:
1.To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2.To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
3.To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $10,000.
4.To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal ly per-
missible source.
5.That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any
covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and
payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other
legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility
and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the
facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to
the making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder.
6.Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others
to do so, without the prior written consent of the Government.
7.Not to defease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the bonds.
8.To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9.To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10.To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used
to pay any expenses which are not directly incurred for the facility financed by USDA. No free service or use of the
facility will be permitted.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information
collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information.
43
Attachment 1
Page 105
-2-
11.To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
12.To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
without its request, and to forward to the Government such additional information and reports as it may from time to
time require.
13.To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Government may ascertain that the Association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
14.That if the Government requires that a reserve account be established, disbursements from that account(s) may be used
when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the
Government is obtained. Also, with the prior written approval of the Government, funds may be withdrawn and
used for such things as emergency maintenance, extensions to facilities and replacement of short lived assets.
15.To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain
USDA’s concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
16.To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17.To accept a grant in an amount not to exceed $
under the terms offered by the Government; that the
and of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or
insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific
detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance
should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the
Association and the Government or assignee.
The vote was: Yeas Nays Absent
IN WITNESS WHEREOF, the of the
has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this , day of
(SEAL) By
Attest: Title
Title
Page 106
-3-
CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
I, the undersigned, as of the
hereby certify that the of such Association is composed of
members, of whom , constituting a quorum, were present at a meeting thereof duly called and
held on the day of ; and that the foregoing resolution was adopted at such meeting
by the vote shown above, I further certify that as of ,
the date of closing of the loan from the United States Department of Agriculture, said resolution remains in effect and has not been
rescinded or amended in any way.
Dated, this day of
Title
Page 107
Page 108
FINANCE DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director
Date: May 25, 2021
RE: Resolution 44-21 Supplemental Budget Appropriations #4 to the 2021
Budget
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Amend the budget to hire 2 Community Service Officers (CSO’s) for Town Hall
reopening and replacement of a police cruiser.
Present Situation:
The following explains the proposed changes by Fund:
General Fund – Increase of $21,049
This increase is to hire CSO’s to facilitate reopening Town Hall to customers and
visitors. These CSO’s will staff a welcome reception desk at the planned public
entrance into Town Hall to help direct incoming traffic, provide general information and
help enforce mask requirements and other COVID restrictions asked of visitors to the
building. If the reception desk becomes unnecessary later this summer, they can then
help with regular traffic control duties. This funding is for two CSO’s at 600 hours
each, coming out of General Fund balance.
Vehicle Replacement Fund – Increase of $60,000
Within the last few weeks, we discovered that the 2014 Ford police cruiser unit G-140
will need to have a full engine replacement. Until we can replace the vehicle, we are
forced to share units impacting scheduling and police efficiencies. This unit was
scheduled to be replaced in the next year or two so replacement is being moved up to
replace the unit this year instead of spending almost $8,000 on a vehicle nearing the
end of its useful life. We have located an acceptable police cruiser with the same color
as our fleet sitting on a Cheyenne dealership parking lot. It could take several weeks to
order a new one from the manufacturing plant so we would like to move forward with
this option before it is sold. This $60,000 appropriation will facilitate that and is funded
out of the Vehicle Replacement Fund balance.
Page 109
Proposal:
Staff is seeking approval of the budget resolution to approve these budget
amendments.
Advantages:
The Town will be able to operate in compliance with statutory requirements regarding
municipal budget law. The Town will also have staffing to reopen Town Hall and
funding to replace the police cruiser.
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of the 2021 supplemental budget appropriation #4
resolution as presented.
Finance/Resource Impact:
The General Fund budget will increase by $21,049, coming out of fund balance. After
reflecting this change, the General Fund is currently projected to end 2021 with a 41.3%
fund balance. Each fund is expected to end with a positive fund balance as well.
Level of Public Interest
Limited – no comments received.
Sample Motion:
I move for the approval/denial of Resolution 44-21 Supplemental Budget
Appropriations #4 for the year ended December 31, 2021.
Attachments:
1.Resolution 44-21 Supplemental Budget Appropriations #4 to the 2021 Budget.
2.Recaps of Proposed Budget Adjustments #4 and Supporting Documents
Page 110
RESOLUTION 44-21
SUPPLEMENTAL BUDGET APPROPRIATIONS #4 TO THE 2021 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
2021 annual budget in accordance with the Local Government Budget Law on
November 24th, 2020; and
WHEREAS, additional projects and activities have been identified that were not
known or included in the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair the operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the appropriations for 2021 be increased by $81,049 for the funds specified
below and these amounts are hereby appropriated from additional revenue or available
fund balance of each fund.
Fund
#
Fund Name Existing
Appropriations
Amendment Amended
Appropriations
101 General Fund 21,867,293 21,049 21,888,342
204 Community Reinvestment Fund 3,141,750 0 3,141,750
211 Conservation Trust Fund 102,966 0 102,966
220 Larimer County Open Space Fund 1,956,129 0 1,956,129
236 Emergency Response System Fund 63,845 0 63,845
238 Community Center Fund 713,885 0 713,885
244 Trails Fund 3,038,294 0 3,038,294
256 Parking Services Fund 783,230 0 783,230
260 Street Fund 2,753,365 0 2,753,365
502 Light & Power Fund 39,575,588 0 39,575,588
503 Water Fund 32,481,393 0 32,481,393
606 Medical Insurance Fund 3,481,792 0 3,481,792
612 Fleet Maintenance Fund 1,316,276 0 1,316,276
625 Information Technology Fund 972,479 0 972,479
635 Vehicle Replacement Fund 390,693 60,000 450,693
645 Risk Management Fund 361,327 0 361,327
Total All Funds 113,000,305 81,049 113,081,354
Attachment 1
Page 111
DATED this ______ day of _____________, 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 112
101 204 211 220 236 238 244 256 260
GENERAL FUND
COMMUNITY
REINVESTMENT
CONSERVATION
TRUST
LARIMER COUNTY
OPEN SPACE
EMERGENCY
RESPONSE
COMMUNITY
CENTER TRAILS PARKING SERVICES STREET
Revenues $18,506,833 $3,079,857 $33,300 $1,950,635 $71,589 $713,885 $2,358,688 $792,200 $1,756,324
Expenses 21,888,342 3,141,750 102,966 1,956,129 63,845 713,885 3,038,294 783,230 2,753,365
Net (3,381,509)(61,893)(69,666)(5,494)7,744 0 (679,606)8,970 (997,041)
Estimated Beginning Fund Balance, 1/1/21 11,950,388 215,641 117,971 10,216 112,436 1 902,293 45,265 1,795,910
Estimated Ending Fund Balance, 12/31/21 $8,568,879 $153,748 $48,305 $4,722 $120,180 $1 $222,687 $54,235 $798,869
Budgeted Reserves
Pkg Garage Maint Reserve 101-1700-417-37-99 36,000 - - - - - - -
Nonspendable Prepaid Fund Bal & Restr Donations 192,228 - - - - - - -
Policy 660 Fund Balance Reserves 5,144,207 - - - - - - -
Total Reserved Fund Balance 5,372,435 - - - - - - -
Unreserved Budgetary Fund Balance $3,196,445 $153,748 $48,305 $4,722 $120,180 $1 $222,687 $798,869
502 503 606 612 625 635 645
POWER AND
COMMUNICATIONS WATER
MEDICAL
INSURANCE FLEET
INFORMATION
TECHNOLOGY
VEHICLE
REPLACEMENT
RISK
MANAGEMENT TOTAL
Revenues, As Amended $18,985,875 $27,766,472 $2,784,228 $767,107 $970,751 $509,386 $361,327 $81,408,457
Expenses, As Amended 39,575,588 32,481,393 3,481,792 1,316,276 972,479 450,693 361,327 113,081,354
Net (20,589,713)(4,714,921)(697,564)(549,169)(1,728)58,693 0 (31,672,897)
Estimated Beginning Fund Balance, 1/1/21 28,806,271 9,016,459 2,481,752 558,531 448,374 926,176 660 57,388,344
Estimated Ending Fund Balance, 12/31/21 $8,216,558 $4,301,538 $1,784,188 $9,362 $446,646 $984,869 $660 $25,715,447
Budgeted Reserves
Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 36,000
Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 192,228
Equipment Reserve 2,055,991 620,117 - - - 984,869 - 3,660,977
Policy 660 Fund Balance Reserves 4,085,035 1,159,104 1,048,194 - 200,000 - - 11,636,539
Total Reserved Fund Balance 6,141,026 1,779,221 1,048,194 - 200,000 984,869 - 15,525,744
Unreserved Budgetary Fund Balance 2,075,532 2,522,318 735,994 9,362 246,646 - 660 10,189,703
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
RECAP OF PROPOSED BUDGET
ALL FUNDS
Attachment 2
Page 113
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 12,771,362 - 12,771,362
Licenses and permits 705,893 - 705,893
Intergovernmental 1,432,073 - 1,432,073
Charges for services 636,201 - 636,201
Fines and forfeitures 33,000 - 33,000
Rental income 189,569 - 189,569
Investment income 124,000 - 124,000
Donations 39,300 - 39,300
Miscellaneous 160,406 - 160,406
Transfers-In from other funds 2,415,029 - 2,415,029
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 18,506,833 - 18,506,833
EXPENDITURES
Legislative 1100 269,952 - 269,952
Attorney 1190 311,647 - 311,647
Judicial 1200 73,594 - 73,594
Town Administrator 1300 317,714 - 317,714
Town Clerk 1400 312,683 - 312,683
Finance 1500 598,691 - 598,691
Planning 1600 1,111,284 - 1,111,284
Facilities 1700 1,140,749 - 1,140,749
Human Resources 1800 269,574 - 269,574
Community Svcs 1900 1,359,551 - 1,359,551
Police - Patrol 2100 4,091,636 21,049 4,112,685
Police - Communications 2155 1,031,810 - 1,031,810
Police - Comm Svc 2175 386,745 - 386,745
Police - Code Enforcement 2185 131,955 - 131,955
Building Safety 2300 546,736 - 546,736
Engineering 2400 377,789 - 377,789
Visitor Services 2600 509,430 - 509,430
Streets and Highways 3100 1,291,030 - 1,291,030
Parks 5200 1,081,588 - 1,081,588
Senior Center 5304 - - -
Special Events 5500 2,187,920 - 2,187,920
Transit 5600 989,955 - 989,955
Parking 5690 - - -
Museum 5700 419,403 - 419,403
Transfers Out 9000 3,055,857 - 3,055,857
Rounding - - -
Total Expenditures 21,867,293 21,049 21,888,342
Net Income (Loss)(3,360,460) (21,049) (3,381,509)
Beginning Fund Balance 11,950,388 - 11,950,388
Ending Fund Balance 8,589,928 (21,049) 8,568,879
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
GENERAL FUND # 101
Page 114
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 750,000 - 750,000
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 29,000 - 29,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds 2,300,857 - 2,300,857
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 3,079,857 - 3,079,857
EXPENDITURES
Community Reinvestment Fund 5400 126,340 - 126,340
Capital Outlay 5400 1,694,409 - 1,694,409
Debt Service 6700 918,001 - 918,001
Transfers Out 9000 403,000 - 403,000
Rounding - - -
Total Expenditures 3,141,750 - 3,141,750
Net Income (Loss)(61,893) - (61,893)
Beginning Fund Balance 215,641 - 215,641
Ending Fund Balance 153,748 - 153,748
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
COMMUNITY REINVESTMENT FUND # 204
Page 115
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 33,000 - 33,000
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 300 - 300
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 33,300 - 33,300
EXPENDITURES
Conservation Trust Fund 102,966 - 102,966
Rounding - - -
Total Expenditures 102,966 - 102,966
Net Income (Loss)(69,666) - (69,666)
Beginning Fund Balance 117,971 - 117,971
Ending Fund Balance 48,305 - 48,305
CONSERVATION TRUST FUND # 211
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
Page 116
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 1,437,635 - 1,437,635
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 8,000 - 8,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds 505,000 - 505,000
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 1,950,635 - 1,950,635
EXPENDITURES
Open Space 4600 115,040 - 115,040
Capital Outlay 4600 1,631,089 - 1,631,089
Transfers Out 9000 210,000 - 210,000
Rounding - - -
Total Expenditures 1,956,129 - 1,956,129
Net Income (Loss)(5,494) - (5,494)
Beginning Fund Balance 10,216 - 10,216
Ending Fund Balance 4,722 - 4,722
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
LARIMER COUNTY OPEN SPACE FUND # 220
Page 117
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 71,389 - 71,389
Licenses and permits - - -
Intergovernmental - - -
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 200 - 200
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 71,589 - 71,589
EXPENDITURES
Emergency Response System 3600 15,300 - 15,300
Debt Service 3600 48,545 - 48,545
Capital Outlay 3600 - - -
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 63,845 - 63,845
Net Income (Loss)7,744 - 7,744
Beginning Fund Balance 112,436 - 112,436
Ending Fund Balance 120,180 - 120,180
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
EMERGENCY RESPONSE SYSTEM FUND # 236
Page 118
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 713,885 - 713,885
Licenses and permits - - -
Intergovernmental - - -
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 713,885 - 713,885
EXPENDITURES
Community Center 3800 713,885 - 713,885
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 713,885 - 713,885
Net Income (Loss)- - -
Beginning Fund Balance 1 - 1
Ending Fund Balance 1 - 1
SUMMARY BY DEPARTMENT
COMMUNITY CENTER FUND # 238
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
Page 119
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 356,943 - 356,943
Licenses and permits - - -
Intergovernmental 1,818,706 - 1,818,706
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 3,000 - 3,000
Donations - - -
Miscellaneous 180,039 - 180,039
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 2,358,688 - 2,358,688
EXPENDITURES
Trails Expansion Operations 3400 33,327 - 33,327
Capital Outlay 3400 3,004,967 - 3,004,967
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 3,038,294 - 3,038,294
Net Income (Loss)(679,606) - (679,606)
Beginning Fund Balance 902,293 - 902,293
Ending Fund Balance 222,687 - 222,687
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
TRAILS EXPANSION FUND # 244
Page 120
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits 4,000 - 4,000
Intergovernmental - - -
Charges for services 771,105 - 771,105
Fines and forfeitures 17,095 - 17,095
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 792,200 - 792,200
EXPENDITURES
Parking Services Operations 5690 759,996 - 759,996
Capital Outlay 5690 23,234 - 23,234
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 783,230 - 783,230
Net Income (Loss)8,970 - 8,970
Beginning Fund Balance 45,265 - 45,265
Ending Fund Balance 54,235 - 54,235
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
PARKING SERVICES FUND # 256
TOWN OF ESTES PARK
Page 121
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 1,713,324 - 1,713,324
Licenses and permits - - -
Intergovernmental - - -
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 43,000 - 43,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 1,756,324 - 1,756,324
EXPENDITURES
Street Improvement Operations 2000 800,241 - 800,241
Capital Outlay 2000 1,953,124 - 1,953,124
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 2,753,365 - 2,753,365
Net Income (Loss)(997,041) - (997,041)
Beginning Fund Balance 1,795,910 - 1,795,910
Ending Fund Balance 798,869 - 798,869
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
STREET IMPROVEMENT FUND # 260
Page 122
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 18,638,875 - 18,638,875
Fines and forfeitures - - -
Rental income - - -
Investment income 241,000 - 241,000
Donations 10,000 - 10,000
Miscellaneous 96,000 - 96,000
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 18,985,875 - 18,985,875
EXPENDITURES
Source of Supply 6100 8,218,997 - 8,218,997
Distribution 6301 4,630,381 - 4,630,381
Customer Accounts 6401 568,897 - 568,897
Admin & General 6501 2,350,429 - 2,350,429
Debt Service 6700 1,828,726 - 1,828,726
Broadband 6900 571,437 - 571,437
Capital Outlay 7001 19,736,692 - 19,736,692
Transfers Out 6600 1,670,029 - 1,670,029
Rounding - - -
Total Expenditures 39,575,588 - 39,575,588
Net Income (Loss)(20,589,713) - (20,589,713)
Beginning Fund Balance 28,806,271 - 28,806,271
Ending Fund Balance 8,216,558 - 8,216,558
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
POWER AND COMMUNICATIONS FUND # 502
TOWN OF ESTES PARK
Page 123
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 8,916,000 - 8,916,000
Charges for services 6,206,272 - 6,206,272
Fines and forfeitures - - -
Rental income - - -
Investment income 166,000 - 166,000
Donations - - -
Miscellaneous 45,200 - 45,200
Transfers-In from other funds - - -
Sale of assets 265,000 - 265,000
Financing Proceeds 12,168,000 - 12,168,000
Total Revenues 27,766,472 - 27,766,472
EXPENDITURES
Source of Supply 6100 123,000 - 123,000
Purification 6200 1,105,177 - 1,105,177
Distribution 6300 2,081,266 - 2,081,266
Customer Accounts 6400 366,518 - 366,518
Admin & General 6500 960,453 - 960,453
Debt Service 6700 391,836 - 391,836
Capital Outlay 7000 27,321,143 - 27,321,143
Transfers Out 6600 132,000 - 132,000
Rounding - - -
Total Expenditures 32,481,393 - 32,481,393
Net Income (Loss)(4,714,921) - (4,714,921)
Beginning Fund Balance 9,016,459 - 9,016,459
Ending Fund Balance 4,301,538 - 4,301,538
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
WATER FUND # 503
Page 124
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 100,000 - 100,000
Fines and forfeitures - - -
Rental income - - -
Investment income 27,000 - 27,000
Donations - - -
Miscellaneous 2,657,228 - 2,657,228
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 2,784,228 - 2,784,228
EXPENDITURES
Medical Insurance Fund Operations 4200 3,481,792 - 3,481,792
Rounding - - -
Total Expenditures 3,481,792 - 3,481,792
Net Income (Loss)(697,564) - (697,564)
Beginning Fund Balance 2,481,752 - 2,481,752
Ending Fund Balance 1,784,188 - 1,784,188
SUMMARY BY DEPARTMENT
MEDICAL INSURANCE FUND # 606
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
Page 125
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 300,800 - 300,800
Charges for services 459,307 - 459,307
Fines and forfeitures - - -
Rental income - - -
Investment income 7,000 - 7,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 767,107 - 767,107
EXPENDITURES
Fleet Maintenance 4300 423,276 - 423,276
Capital Outlay 7000 893,000 - 893,000
Rounding - - -
Total Expenditures 1,316,276 - 1,316,276
Net Income (Loss)(549,169) - (549,169)
Beginning Fund Balance 558,531 - 558,531
Ending Fund Balance 9,362 - 9,362
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
FLEET MAINTENANCE FUND # 612
Page 126
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 15,000 - 15,000
Charges for services 950,751 - 950,751
Fines and forfeitures - - -
Rental income - - -
Investment income 5,000 - 5,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 970,751 - 970,751
EXPENDITURES
IT Operations 2500 887,379 - 887,379
Capital Outlay 2500 85,100 - 85,100
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 972,479 - 972,479
Net Income (Loss)(1,728) - (1,728)
Beginning Fund Balance 448,374 - 448,374
Ending Fund Balance 446,646 - 446,646
SUMMARY BY DEPARTMENT
INFORMATION SYSTEMS TECHNOLOGY FUND # 625
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
Page 127
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 508,736 - 508,736
Fines and forfeitures - - -
Rental income - - -
Investment income 650 - 650
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 509,386 - 509,386
EXPENDITURES
Fleet Replacement Operations 3500 - - -
Capital Outlay 7000 390,693 60,000 450,693
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 390,693 60,000 450,693
Net Income (Loss)118,693 (60,000) 58,693
Beginning Fund Balance 926,176 - 926,176
Ending Fund Balance 1,044,869 (60,000) 984,869
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
VEHICLE REPLACEMENT FUND # 635
Page 128
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 361,327 - 361,327
Fines and forfeitures - - -
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 361,327 - 361,327
EXPENDITURES
Risk Management Operations 4100 361,327 - 361,327
Rounding - - -
Total Expenditures 361,327 - 361,327
Net Income (Loss)- - -
Beginning Fund Balance 660 - 660
Ending Fund Balance 660 - 660
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY BY DEPARTMENT
RISK MANAGEMENT FUND # 645
Page 129
General Fund
Community
Reinvestment Fund Total
Total Revenues 18,506,833 3,079,857 21,586,690
Less:
Capital Grants (One time funds)150,000 750,000 900,000
Transfers between GF & CRF - - -
150,000 750,000 900,000
Net Ongoing Revenues 18,356,833 2,329,857 20,686,690
Total Expenditures 21,888,342 3,141,750 25,030,092
Less:
Transfers between GF & CRF - - -
Less One Time Expenditures:
Contingencies 250,000 - 250,000
Parking Garage Maintenance Reserve 12,000 - 12,000
Comprehensive Plan 300,000 - 300,000
CIP - Downtown Wayfinding 2021 - 142,268 142,268
Community Drive Intersection Project - 1,552,141 1,552,141
Event Center Roof/Grandstand Roof 101-5500-455-25-02 20,000 - 20,000
Visitor Center External Doors 101-2600-426-32-22 55,000 - 55,000
Community Initiative Funding 101-1900-419-91-47 35,000 35,000
672,000 1,694,409 2,366,409
Net Ongoing Expenditures 21,216,342 1,447,341 22,663,683
Net Ongoing Rev vs Exp (2,859,509) 882,516 (1,976,993)
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
GENERAL & COMMUNITY REINVESTMENT FUNDS
ONGOING REVENUES VS ONGONG EXPENDITURES
Page 130
General Fund
Comm
Reinvestment
Fund Total
Fund Balance 8,568,879$ 153,748$ 8,722,627$
Reserves to Exclude
Parking Garage Maintenance Reserve 36,000 - 36,000
Prepaids and Restricted Donations Estimate 192,228 - 192,228
228,228 - 228,228
Fund Balance Subject to Reserve Calculation 8,340,651 153,748 8,494,399
Total Expenditures 21,888,342 3,141,750 25,030,092
Less Transfers Out Between GF & CRF 2,300,857 403,000 2,703,857
Net Expenditures 19,587,485 2,738,750 22,326,235
Less Capital Expenditures
CIP - Downtown Wayfinding 2020 - 142,268 142,268
Community Drive Intersection - 1,552,141 1,552,141
Visitor Center External Door Replacement 55,000 - 55,000
Total Capital to Exclude 55,000 1,694,409 1,749,409
Total Expenditures Subject to Reserve Calculation 19,532,485$ 1,044,341$ 20,576,826$
Projected Reserve Ratio as of 12-31-2021 42.7%14.7%41.3%
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
GENERAL & COMMUNITY REINVESTMENT FUNDS
FUND BALANCE RESERVE RATIO
Page 131
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2021 Grants /
Loans Adopted Amendment
2021 Amended
Grants & Loans
101 101-0000-333.20-00 N/A COVID-19 SS CREDIT CARES Act F -$ -$ -$
101 101-0000-334.20-00 WILL17 Willow Knolls Historic Historic Preservation S - - -
101 101-1300-334.20-00 CENS20 Census 2020 Grant Larimer County S - - -
101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S 66,000 - 66,000
101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000 - 150,000
101 101-1900-333.00-00 COVWRK COVID-19 CARES Act CARES Act F - - -
101 101-1900-334.20-00 COVBUS
Colorado Small Business Relief
Program State of Colorado S 200,000 - 200,000
101 101-2100-334.20-00 CDOT
High Visibility Enforcement (Seatbelt
and DUI Checkpoints)State of Colorado S 5,000 - 5,000
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 820 - 820
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 7,000 - 7,000
101 101-2100-334.20-00 LEAF LEAF State of Colorado S 5,436 - 5,436
101 101-3100-333.00-00 5CATC Flood Recovery Grant FEMA F - - -
101 101-3100-334.20-00 *SIGNS Revitalizing Main St Program CDOT F 45,173 - 45,173
101 101-5500-334.20-00 *WINTR Revitalizing Main St Program CDOT S 50,000 - 50,000
101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 403,266 - 403,266
101 101-5600-333.00-00 ELTROL Electric Trolley #1 CDOT F - - -
101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F 77,605 - 77,605
101 101-5700-334.20-00 N/A DeAccession Clerk Institute of Museum & Library Svc O - - -
101 101-5700-334.40-00 *FDGRN Oral History Grant Greenwood Foundation Grant O - - -
101 Total 1,010,300 - 1,010,300
204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000
204 204-0000-334.30-00 ELKPAV Elkhorn Paving CDOT S - - -
204 Total 750,000 - 750,000
220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3
Dept of Interior - Nat'l Park
Service F 302,336 - 302,336
220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F 244,073 - 244,073
220 220-0000-334.10-00 THUMB Thumb Open Space Acquisition GOCO S - - -
220 220-0000-334.10-00 PICNIC
Big Thompson River Picnic Area
(Pkg Gar)GOCO S 45,000 - 45,000
220 220-0000-334.30-00 FRTR3 Fall River Trail Phase 3 EV Parks and Rec District O - - -
220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 - 448,226
220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition Access Fund O - - -
220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition EV Land Trust O - - -
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY OF BUDGETED GRANT & LOAN REVENUES
ALL FUNDS
Page 132
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2021 Grants /
Loans Adopted Amendment
2021 Amended
Grants & Loans
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY OF BUDGETED GRANT & LOAN REVENUES
ALL FUNDS
220 220-0000-334.30-00 ROCK
Climbing Rock Big Thompson River
Picnic Area Visit Estes Park O 50,000 - 50,000
220 Total 1,089,635 - 1,089,635
Page 133
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2021 Grants /
Loans Adopted Amendment
2021 Amended
Grants & Loans
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SUMMARY OF BUDGETED GRANT & LOAN REVENUES
ALL FUNDS
244 244-0000-333.00-00 BRODIE Brodie Trail Extension Safe Routes to School F - - -
244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 - 500,000
244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 - 955,000
244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 - 120,039
244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 - 363,706
244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 - 50,000
244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 - 10,000
244 Total 1,998,745 - 1,998,745
256 256-0000-334.20-00 *EVPLN Electric Vehicle Infrastructure Plan DOLA - EIAF S - - -
256 Total - - -
503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 6,547,000 - 6,547,000
503 503-0000-333.00-00 GCDOVE
GC Disinfection Outreach &
Verification Effort USDAGrant F 2,369,000 - 2,369,000
503 503-0000-388.40-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan F 7,675,000 - 7,675,000
503 503-0000-388.40-00 GCDOVE
GC Disinfection Outreach &
Verification Effort USDA Loan F 4,493,000 - 4,493,000
503 503-0000-388.40-00 Hwy 34 to VISTA Water Main USDA Loan F - - -
503 503-0000-388.40-00 PEMPWC Park Entrance Water District USDA Loan F - - -
503 Total 21,084,000 - 21,084,000
612 612-0000-333.00-00 Trolly Charging Station F 300,800 - 300,800
612 Total 300,800 - 300,800
625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S 5,000 - 5,000
625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S 10,000 - 10,000
625 Total 15,000 - 15,000
Grand Total 26,248,480$ -$ 26,248,480$
Page 134
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
WILLOW KNOLLS LEGACY PROJECT WILL17 101-1300-413.31-13 LAND IMPROVEMENTS 1,064$ -$ 1,064$
DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194 - 32,194
EV LAND TRUST OS & OUTDOOR REC PLAN EVLTGT 101-1600-416.22-13 CONTRACT/SKILLED SVCS 6,044 - 6,044
COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 300,000 - 300,000
FLEET/STREETS ROOF FLROOF 101-1700-417.32-22 BUILDING REMODELING - - -
TOWN HALL WINDOWS (CD & BS SIDE)THWIND 101-1700-417.32-22 BUILDING REMODELING - - -
PD ROOF REPLACEMENT PDROOF 101-1700-417.32-22 BUILDING REMODELING - - -
PUBLIC RESTROOM REMODEL - MORAINE MOREST 101-1700-417.32-22 BUILDING REMODELING - - -
CONFERENCE CENTER PORTE COCHERE CCPORT 101-1700-417.32-22 BUILDING REMODELING - - -
COBB-MACDONALD CABIN RE-ROOF *CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 - 15,000
PARKING GARAGE MAINTENANCE RESERVE NA 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 - 12,000
COVID SMALL BUSINESS RELIEF COVBUS 101-1900-419.91-55 COVID19 ECON ASSISTANCE 200,000 - 200,000
VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 - 55,000
FRONT END LOADER (BI-ANNUAL TRADE IN)LOADER 101-3100-431.34-43 VEHICLES/HEAVY EQUIPMENT - - -
VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 - 8,587
ASPEN DR DRAINAGE ASPDRN 101-3100-431.35-53 STORM DRAINAGE - - -
2 BOBCATS (ANNUAL TRADE IN)BOBCAT 101-5200-452.33-98 OTHER EQUIPMENT - - -
COVID OUTDOOR WINTERIZATON EQUIPMENT *WINTR 101-5500-455.24-01 EQUIPMENT 24,790 - 24,790
EVENT CENTER ACOUSTIC IMPROVEMENT ECACST 101-5500-455.33-31 FURNITURE/FIXTURES - - -
ELECTRIC TROLLEY ELTROL 101-5600-456.34-42 VEHICLES/TRUCKS - - -
TROLLEY CHARGING STATION-2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 - 454,370
MUSEUM SECURITY CAMERAS MUSECC 101-5700-457.33-31 FURNITURE/FIXTURES - - -
*TOTAL GENERAL FUND 1,109,049 - 1,109,049
*
TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 101,791 - 101,791
MUSEUM COLLECTIONS AND RESEARCH FACILITY MUSCOL 204-5400-544.32-22 BUILDINGS - - -
EVENT CENTER STALL BARN FLOOR LEVELING SBLEVL 204-5400-544.32-22 BUILDINGS - - -
TOWN HALL AC UNIT REPLACEMENT ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES - - -
BOARD ROOM AV REPLACEMENT AVBDRM 204-5400-544.33-98 EQUIPMENT-OTHER - - -
COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,338,244 - 1,338,244
COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 213,897 - 213,897
ELKHORN MILL & FILL - 34/36 TO MORAINE ELKPAV 204-5400-544.35-51 STREETS - - -
DOWNTOWN WAYFINDING PROJECT WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 142,268 - 142,268
*TOTAL COMMUNITY REINVESTMENT FUND 1,796,200 - 1,796,200
*
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
Page 135
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND 70,000 - 70,000
THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 - 19,000
*TOTAL CONSERVATON TRUST FUND 89,000 - 89,000
*
SCOTT PONDS (CARRIAGE HILLS) DAM CDBGCH 220-4600-462.22-02 ENGINEERING - - -
FISH CREEK TRAIL 11CATG 220-4600-462.22-02 WALKWAYS & BIKEWAYS - - -
THUMB OPEN SPACE ACQUISITION THMBGO 220-4600-462.31-11 LAND 582,600 - 582,600
BRODIE TRAIL EXTENSION BRODIE 220-4600-462.35-60 WALKWAYS & BIKEWAYS 59,623 - 59,623
CIP-PARKS IRRIG SYSTEM BASE LINE CONTROLLERS PRKIRR 220-4600-462.35-61 PARK IMPROVEMENTS - - -
BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 51,000 - 51,000
THUMB OS - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 - 16,000
THUMB OS - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 - 6,500
THUMB OS - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 40,000 - 40,000
CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 50,000 - 50,000
FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 626,890 - 626,890
FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR 44,556 - 44,556
FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR 153,920 - 153,920
*TOTAL LARIMER COUNTY OPEN SPACE FUND 1,631,089 - 1,631,089
*
RADIO REPLACEMENT PROJECT 19RADO 236-3600-436.33-36 COMMUNICATION EQUIPMENT - - -
*TOTAL EMERGENCY RESPONSE SYSTEM FUND - - -
*
BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS 95,369 - 95,369
GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 783,000 - 783,000
FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 100,000 - 100,000
FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,193,750 - 1,193,750
FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 559,558 - 559,558
FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR 273,290 - 273,290
*TOTAL TRAILS FUND 3,004,967 - 3,004,967
*
EV INFRASTRUCTURE PLAN *EVPLN 256-5690-569.22-13 CONTRACT/SKILLED SERVICES - - -
MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 - 3,200
PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 20,034 - 20,034
*TOTAL PARKING SERVICES FUND 23,234 - 23,234
Page 136
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
BRODIE AVE IMPROVEMENTS BRODIE 260-2000-420.35-51 STREETS 81,462 - 81,462
CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 68,345 - 68,345
4TH STREET MAJOR REHAB 4STLR 260-2000-420.35-51 STREETS 2,318 - 2,318
3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 - 604,200
OVERLAY PROGRAM 2020 OVRLAY 260-2000-420.35-51 STREETS 604,594 - 604,594
PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 206,215 - 206,215
FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP 385,990 - 385,990
*TOTAL STREET FUND 1,953,124 - 1,953,124
*
TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 514,975 - 514,975
REPAVE PARKING LOT AT WOODSTOCK FACILITY TBNBND 502-7001-580.32-22 BUILDING REMODELING 50,000 - 50,000
WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 25,000 - 25,000
WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 75,174 - 75,174
UTILITY PLOTTER / PRINTER PLOTR 502-7001-580.33-32 FURNITURE/FIXTURES 6,500 - 6,500
METERS ELMTR 502-7001-580.33-34 METERS 150,000 - 150,000
TRANSFORMER PURCHASES TRANSF 502-7001-580.33-35 TRANSFORMERS 50,000 - 50,000
HWY 7 TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 50,000 - 50,000
SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 - 70,000
NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 15,000 - 15,000
2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 - 48,000
SIDE BY SIDE WITH TRACKS 93389C 502-7001-580.33-98 OTHER EQUIPMENT 35,000 - 35,000
BACKYARD MACHINE BYMACH 502-7001-580.33-98 OTHER EQUIPMENT 6,620 - 6,620
L&P FORK LIFT REPLACEMENTS - 93387A 93387A 502-7001-580.34-42 TRUCKS 27,048 - 27,048
L&P FORK LIFT REPLACEMENT 93388A 93388A 502-7001-580.34-42 TRUCKS 10,463 - 10,463
FORD F-550 REPLACEMENT #93327 93327A 502-7001-580.34-42 TRUCKS 200,000 - 200,000
INTERNATIONAL 7400 REPLACEMENT #93325B 93325C 502-7001-580.34-42 TRUCKS 249,065 - 249,065
TRAILBLAZER F-350 TBNBND 502-7001-580.34-42 TRUCKS - - -
TRAILBLAZER BUCKET TRUCK 93343 502-7001-580.34-42 TRUCKS - - -
STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 - 40,000
CARRIAGE HILLS CAHILL 502-7001-580.35-57 POWER LINE CONSTRUCTION - - -
SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 152,084 - 152,084
LINE REBUILD 2020 LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 400,000 - 400,000
NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 968,430 - 968,430
SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 28,186 - 28,186
TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 16,431,740 - 16,431,740
GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 114,907 - 114,907
UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 25,000 - 25,000
*TOTAL POWER & COMMUNICATIONS FUND 19,743,192 - 19,743,192
Page 137
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*
GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING - - -
BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 169,249 - 169,249
GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING 1,650,000 - 1,650,000
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 465,932 - 465,932
BROOK DRIVE WATER SHOP FURNITURE & FIXT KEARNY 503-7000-580.33-31 FURNITURE/FIXTURES 25,315 - 25,315
GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 - 6,000
UTILITY PLOTTER / PRINTER PLOTR 503-7000-580.33-32 FURNITURE/FIXTURES 6,500 - 6,500
WONDERWARE SOFTWARE WONDER 503-7000-580.33-33 DATA PROCESSING EQUIPMENT 19,000 - 19,000
METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS 659,813 - 659,813
SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 289,732 - 289,732
SCADA RADIO & ANTENNA REPLACMENT EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT - - -
MISC COMM EQUIP EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 50,393 - 50,393
VARIOUS LAB EQUIPMENT REPL EQUIP 503-7000-580.33-37 LABORATORY EQUIPMENT 16,000 - 16,000
VARIOUS PURIFICATION EQUIP REPL EQUIP 503-7000-580.33-40 PURIFICATION EQUIPMENT 34,000 - 34,000
CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 - 15,000
SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 10,000 - 10,000
SAFETY EQUIP WTTOOL 503-7000-580.33-41 TOOLS 25,000 - 25,000
LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT - - -
EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 7,500 - 7,500
DROP DECK TRAILER DROPDK 503-7000-580.34-42 TRUCKS - - -
60 SERIES MINI EXCAVATOR MINEXC 503-7000-580.34-42 TRUCKS - - -
TRUCK FOR ADDITIONAL CREW 90315 503-7000-580.34-42 TRUCKS 32,000 - 32,000
344 LOADER 90382 503-7000-580.34-42 TRUCKS 104,759 - 104,759
JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 - 20,000
FORKLIFT 90384 503-7000-580.34-42 TRUCKS 50,000 - 50,000
2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 - 62,471
2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 30,319 - 30,319
PRV VAULT METERING PRVMTR 503-7000-580.35-54 WATER SYSTEM - - -
PEMPWCo SYSTEM DESIGN & CONSTRUCTION PEMPWC 503-7000-580.35-54 WATER SYSTEM - - -
PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,650,862 - 10,650,862
MORAINE BRIDGE SOUTH - WATER MOBS17 503-7000-580.35-54 WATER SYSTEM - - -
PRESSURE REDUCTION VALVE/METERING PRVLM 503-7000-580.35-54 WATER SYSTEM - - -
SCHOOL NEW SVC LINE SCHOOL 503-7000-580.35-54 WATER SYSTEM - - -
18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 - 120,000
NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 63,000 - 63,000
GLACIER CREEK WTP INTAKE ENGINEERING GCINTK 503-7000-580.35-54 WATER SYSTEM 120,000 - 120,000
CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 117,320 - 117,320
Page 138
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
CIP BUREAU AREA PHASE 3 WTBRP3 503-7000-580.35-54 WATER SYSTEM 524,367 - 524,367
CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM 650,000 - 650,000
CIP BIG THOMPSON AVE (HWY 34) MAIN BTHOMP 503-7000-580.35-54 WATER SYSTEM - - -
MALL ROAD-HWY36 CROSSING MALL36 503-7000-580.35-54 WATER SYSTEM - - -
1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM 39,950 - 39,950
PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM 100,000 - 100,000
BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM 315,694 - 315,694
SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM 295,496 - 295,496
DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM 12,000 - 12,000
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,044,000 - 10,044,000
CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 - 271,079
UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 30,000 - 30,000
WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 98,874 - 98,874
GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 25,721 - 25,721
LAB MGT/OVERALL DATA MGT SOFTWARE WLSOFT 503-7000-580.37-01 SOFTWARE DEVELOPMENT - - -
UTILITY BILLING MODERNIZATON PROJECT UBPRTL 503-7000-580.37-01 SOFTWARE DEVELOPMENT 5,000 - 5,000
CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 48,797 - 48,797
WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 40,000 - 40,000
*TOTAL WATER FUND 27,321,143 - 27,321,143
*
PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 265,000 - 265,000
DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 252,000 - 252,000
ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 376,000 - 376,000
*TOTAL FLEET MAINTENANCE FUND 893,000 - 893,000
*
LAPTOP COMPUTERS LPTOP1 625-2500-425.26-33 DATA PROCESSING EQUIPMENT 15,000 - 15,000
WIRELESS HOTSPOT GRANT HOTSPT 625-2500-425.33-36 COMMUNICATION EQUIPMENT 6,100 - 6,100
NEW NETWORK SERVER NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 44,000 - 44,000
NEW NETWORK SWITCHES / WIFI COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 10,000 - 10,000
NAS/BACKUP COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 20,000 - 20,000
VERIZON ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - - -
EDGE ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 5,000 - 5,000
IT REMOTE ACCESS SOFTWARE (BONGAR)NETWRK 625-2500-425.37-01 SOFTWARE - - -
*TOTAL INFORMATION TECHNOLOGY FUND 100,100 - 100,100
*
Page 139
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#4 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#4 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
POLICE G-106A 2004 FORD EXPLORER G-106A 635-7000-435.34-42 TRUCKS - - -
POLICE G-155 CRUISER G-155 635-7000-435.34-42 TRUCKS - - -
POLICE NEW UNIT FOR NEW OFFICER POSITION G-153 635-7000-435.34-42 TRUCKS 8,649 - 8,649
POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 - 21,068
POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS - 60,000 60,000
STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 - 248,526
PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 - 42,000
FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 - 70,450
*TOTAL VEHICLE REPLACEMENT FUND 390,693 60,000 450,693
*
*TOTAL PROJECT RECAP 58,054,791$ 60,000$ 58,114,791$
Page 140
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 07-21 Confirming Municipal Court Authority for Contempt of
Court
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.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
Page 141
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: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 142
TOWN ATTORNEY Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Dan Kramer, Town Attorney
Date: May 25, 2021
RE: Ordinance 07-21 Confirming Municipal Court Authority for Contempt of
Court
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Clearly establish that the Municipal Judge may hold a person in contempt when
appropriate, and apply all appropriate penalties and sanctions.
Present Situation:
The Estes Park Municipal Code is decriminalized, meaning that only fines and not jail
time are available as penalties for violating the code. The Town does not bring cases to
the Municipal Court when incarceration is appropriate. However, even for relatively
minor offenses, egregious behavior in the courtroom or failure to comply with court
orders can make it important for the court to have all options at its disposal to obtain
compliance, including, in the extreme circumstance, sending an individual to jail. Court
rules already provide contempt powers to the Municipal Court, but the municipal code is
silent as to whether the Board intends the Municipal Judge to continue to exercise these
powers as necessary, in light of the decriminalization of the code. Judge Thrower
reports that he has never had to use contempt in the Town of Estes Park, not even to
apply minor sanctions.
Proposal:
Note in the municipal code that the Board intends the Court to continue to hold the
powers of contempt as described in the Colorado Rules of Civil Procedure, including all
penalties and sanctions described therein.
Advantages:
Enforce compliance with the municipal code and court orders and maintain courtroom
decorum in rare and extreme circumstances.
Disadvantages:
Contempt proceedings may require the court to appoint counsel to represent the
individual held in contempt. This could have a minor budgetary impact.
Page 143
Action Recommended:
Approve the ordinance.
Finance/Resource Impact:
Occasional, minor impact to the Municipal Court’s budgetary authority to procure court-
appointed counsel.
Level of Public Interest
Low
Sample Motion:
I move for the approval of Ordinance 07-21.
Attachments:
1. Ordinance 07-21
Page 144
ORDINANCE NO. 07-21
AN ORDINANCE CONFIRMING MUNICIPAL COURT AUTHORITY
FOR CONTEMPT OF COURT
WHEREAS, the Town Board of Trustees intends the Municipal Court to continue
to hold the powers of contempt as described in the Colorado Rules of Civil Procedure,
including all penalties and sanctions described therein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: In this ordinance, ellipses indicate material not reproduced as the Board
intends to leave that material in effect as it now reads. Section 1.20.020 of the Estes Park
Municipal Code is amended by the addition of subsection (c), to read as follows:
1.20.020 - Fines and penalties.
. . .
(c)Nothing in this Code is intended to abrogate the general power of the
Municipal Court to punish for contempt of court. The Municipal Court shall have all
the powers provided under Rule 107 of the Colorado Rules of Civil Procedure,
including all penalties and sanctions provided therein.
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 145
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 146
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 4.
Ordinance 08-21 Amending Chapter 5.1 of the Estes Park Development
Code and Chapters 5.20 and 14.12 of the Estes Park Municipal Code
Regarding Vacation Homes and Bed and Breakfast Inns.
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.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Page 147
Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 148
TOWN CLERK OFFICE MEMO
To: Mayor Koenig
Board of Trustees
Through: Travis Machalek, Town Administrator
From: Jackie Williamson, Town Clerk
Date: May 25, 2021
RE: Ordinance 08-21 Amending Chapter 5.1 of the Estes Park Development
Code and Chapters 5.20 and 14.12 of the Estes Park Municipal Code
Regarding Vacation Homes and Bed and Breakfast Inns
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To amend the Estes Park Development Code in conjunction with the Estes Park
Municipal Code to move vacation home and bed & breakfast regulations and
procedures to the Municipal Code, add enforcement guidelines, update the life safety
inspection timelines, and codify the building code requirement for life safety inspections.
Present Situation:
Vacation home regulations were moved from the Municipal Code to the Development
Code in 2010 in order to incorporated homes located in the Estes Valley. Additional
regulations were adopted in December 2016 and have been modified over the years.
With the expiration of the land use IGA between the Town and Larimer County in
February 2020, the regulation of vacation homes in the unincorporated area of the
valley was turned over to the county on April 1, 2020. This change, along with the fact
the Town Clerk’s office now manages the registration and licensing of all vacation
homes and bed & breakfasts within town limits, provides the Town with an opportunity
to consolidate the regulations in the Municipal Code and address other items such as
enforcement.
Proposed changes to the Development Code were presented to the Estes Park
Planning Commission at their meeting on Tuesday, May 18, 2021, and the Commission
recommended approval of the code amendments.
Proposal:
The proposed ordinance would address amendments to the Estes Park Development
Code (EPDC) Sections 5.1.B - Vacation Homes and 5.1.U - Bed & Breakfast, and move
applicable regulatory language to the Estes Park Municipal Code (EPMC) 5.20
Page 149
Business Licenses. The ordinance will also codify the requirement for life safety
inspections in Title 14 – Buildings and Construction in the EPMC.
The EPDC will continue to address land use items related to large vacation home and
the character of the neighborhood. The EPMC amendments largely move the
regulatory language unchanged from the Development Code; however, minor changes
have been made to address obsolete language, and to clearly identify the Town Clerk
and staff as the office in charge of all regulations and licensing.
The Municipal Code amendments will address the need for the life safety inspection to
be completed prior to the issuance of a vacation home license/registration, and to adjust
the timeline for completing the inspection from over a year and half process to no more
than 150 days. This will ensure the Town is not issuing a license to operate and later
revoking a license due to failure to compile with this regulation. The proposed
amendments outline a set of progressive enforcement guidelines which includes a fee
schedule, suspension and revocation of a license. The guidelines allow considerable
flexibility by staff and code enforcement on how to approach each violation and provides
multiple remedies, i.e. fining both the property owner, property manager, Notice of
Violation in addition to a fine, etc.
Advantages:
•To consolidate the regulations for vacation homes and bed & breakfast in the
Municipal Code.
•To address obsolete regulatory language with the Municipal Code amendments.
•To move the enforcement of vacation homes and bed & breakfast regulations to the
Municipal Code and adopt actionable enforcement.
Disadvantages:
•The regulations would remain in the Development Code with obsolete language.
•Enforcement would remain in the Development Code which as been difficult to
navigate and to address regulatory issues in a timely fashion.
Action Recommend:
Approval of Ordinance 08-21 to amend the EPDC and EPMC as presented.
Finance/Resource Impact:
Cost to codify the amended Development and Municipal Codes.
Level of Public Interest
Medium. Vacation homeowners, property managers, and neighboring properties have a
strong interest in amendments to the regulations and any changes to enforcement.
Sample Motion:
I move to approve/deny Ordinance 08-21.
Attachments:
1. Ordinance 08-21
2.Exhibit A and B
3. Presentation
Page 150
ORDINANCE NO. 08-21
AN ORDINANCE AMENDING CHAPTER 5.1 OF THE ESTES PARK DEVELOPMENT
CODE AND CHAPTERS 5.20 AND 14.12 OF THE ESTES PARK MUNICIPAL CODE
REGARDING VACATION HOMES AND BED AND BREAKFAST INNS
WHEREAS, the Town Board of Trustees desires various updates and clarifications
to Town regulations on vacation homes and bed and breakfast inns.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: In this ordinance and its exhibits, ellipses indicate material not
reproduced as the Board intends to leave that material in effect as it now reads.
Section 2: Section 5.20.110 of the Estes Park Municipal Code is amended by
replacement with the material included in Exhibit A.
Section 3: Sections 5.1(B) and 5.1(U) of the Estes Park Development Code are
amended by replacement with the material included in Exhibit B.
Section 4: A new section 14.12.025 shall be added to the Estes Park Municipal
Code, amending Section R327.1 of the International Residential Code, to read as follows:
§ 14.12.025 - Life safety inspection.
The International Residential Code is amended by the addition of the
following section:
R327.1 Life safety inspection. Vacation homes and large vacation homes
shall comply with section R327. A vacation home or a large vacation home
shall not be approved for occupancy unless the vacation home owner has
made a full and complete application for a life safety inspection building
permit to convert the home to a vacation home or large vacation home, the
Chief Building Official or designee performs a life safety inspection, and the
home has obtained the applicable Certificate of Occupancy in accordance
with section R327.3. At minimum, vacation home and large vacation home
life safety inspections shall include the provisions of R327.2.1 through
R327.2.20.
Section 5: Sections 5.20.020, 5.20.070, and 5.20.080 of the Estes Park Municipal
Code are amended by the addition of underlined material, to read as follows:
Attachment 1
Page 151
5.20.020 - Definitions.
In this Chapter, the following words and phrases shall have the following
meanings:
. . .
Individual accommodation unit means any separately owned
accommodation, such as a condominium unit, in an accommodation zoning district
and within a structure containing multiple accommodation units, which is rented,
leased or occupied for a term of less than thirty (30) days and is not a vacation
home.
. . .
Vacation home means a residential dwelling unit that is rented, leased or
occupied for accommodation purposes for compensation for terms of less than
thirty (30) days.a single-family residential dwelling that is rented, leased or
occupied for accommodations purposes for compensation for terms of less than
thirty (30) days.
. . .
5.20.070 - Violation.
It shall be a violation of this Chapter for an owner of a business, profession,
occupation or accommodation to fail to obtain and maintain the business license;
refuse to make payment to the Town of the business license fee; operate a
business, profession, occupation or accommodation, without the applicable
license; or fail to complete the application process.
5.20.080 - Revocation of license.
(1)The Town shall give written notice to the owner of any business,
profession, occupation or accommodation who has failed to pay the fee in
accordance with Section 5.20.060. If the business license fee is not paid in full
within twenty (20) days of the date of the notice, the Town shall revoke the
business license. Upon revocation of the business license, the owner's right and
privilege to conduct the business, profession, occupation or accommodation within
the Town is terminated.
(2) This section shall not apply to vacation home and bed and breakfast
licenses, for which expiration and revocation are provided below.
Page 152
Section 6: 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
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 153
EXHIBIT A
5.20.110 - Additional provisions for vacation homes and bed and breakfast inns.
(a) Business license application requirements.
(1)A business license for a vacation home or a bed and breakfast inn has
also been known as an annual operating registration or an operating
permit. All such terms refer to the same approval, which is a license from
the Town to conduct such activities, valid for a single year.
(2)Local representative.
(i)Vacation homes. The application for a business license for any
vacation home shall designate a local resident or local property
manager residing within either the Estes Valley Recreation and
Park District boundary or the Estes Park School District R-3
boundary, who can be contacted by telephone and is available
when the vacation home is rented, regarding any violation of the
provisions of this section. The person set forth on the application
shall be the representative of the owner for immediate violation
resolution purposes with regard to the operation of the vacation
home. The local representative may be the same person as the
property owner.
(ii)Bed and breakfast inns. The application for a business license for
any bed and breakfast inn shall designate the resident owner or on-
site manager residing on the premises who can be contacted and is
on the property twenty-four (24) hours per day when the bed and
breakfast is in operation, regarding any violation of the provisions of
this section. The person set forth on the application shall be the
representative of the owner for immediate violation resolution
purposes with regard to the bed and breakfast inn.
(3)Acknowledgment of regulations. A business license for a vacation home
or bed and breakfast inn shall not be valid unless the property owner, and
the designated local contact described in paragraph (2), above (if
different), sign the business license application acknowledging all
applicable vacation home or bed and breakfast inn regulations.
(4)Registration completion deadline. The Town Clerk issues registration
packets upon finding that the application is complete and, if the property is
in a residential zone, that the property is eligible to proceed from any
waitlist to licensure, based on the cap described in subsection (b), below.
Registration packets must be completed and submitted within ninety (90)
days from issuance of the packet from the Town Clerk. Registration
packets not submitted and complete, as determined by the Town Clerk,
within those ninety (90) days shall be void and the property owner must
reapply. Such reapplications for vacation homes in residential zoning
districts shall be placed on the waitlist described in subsection (b) below if
the cap has been reached.
Attachment 2
Page 154
EXHIBIT A
(5)No more than one (1) business license shall be issued and effective in any
given calendar year for each vacation home or bed and breakfast inn.
(6)State sales tax license. A condition of issuance of the license shall be
proof of a current sales tax license, provided by the applicant.
(7)Initial compliance inspection. To be issued a new license, a vacation
home or bed and breakfast inn must first undergo and pass an initial
inspection to ensure compliance with this code and the regulations of the
Development Code.
(8)Life safety inspection.
(i)Requirement. To be issued a new license, a vacation home or bed
and breakfast inn must first undergo and pass a life safety
inspection or other required building inspection, as applicable, and
receive a certificate of occupancy that allows for such use, such as
described in section 14.12.025 of this code, section R327 of the
International Residential Code as amended.
(ii)Deadlines. If no such certificate of occupancy has been issued at
the time the Town Clerk issues the registration packet as described
in paragraph (4) above, the following deadlines shall apply:
(a)The applicant must request the life safety inspection
building permit from the Building Division, in the form and
manner set by the division, within thirty (30) days of the
issuance of the registration packet from the Town Clerk.
(b)Upon issuance of the life safety inspection building permit,
the applicant must complete an initial life safety inspection
within thirty (30) days.
(c)The applicant must complete and pass a final life safety
inspection and obtain a certificate of occupancy that allows
for the proposed use within ninety (90) days of the initial
inspection.
(iii)Lapse. Failure to meet any of these deadlines shall automatically
cause the application to lapse, and any reapplication would be
subject to the waitlist if applicable.
(iv)Early inspection. Nothing in this section shall prevent an applicant
from requesting, undergoing, or completing the life safety
inspection or receiving the necessary certificate of occupancy
before the application is made or the registration packet is issued.
(9)Neighbor Notification. Prior to issuance of the initial annual business license
for a vacation home or bed and breakfast inn, the owner or local
representative shall be responsible for mailing a written notice.
Page 155
EXHIBIT A
(i)Notice shall be mailed, with certificate of mailing or other method
as approved by staff, to the owners of properties within one
hundred (100) feet of the boundary of the subject property.
(ii)Notices shall provide property address and 24/7 hotline phone
number.
(iii)Proof of mailing shall be provided to the Town Clerk prior to
issuance of initial annual business license.
(b) Residential zone vacation home cap.
(1)Vacation home licenses in residential zoning districts (designated for the
purposes of this section as zoning districts E, E-1, R, R-1, R-2, RE, RE-1,
and RM) shall be held at a maximum total ("cap") of 322 licenses in effect
at any given time. This cap shall be reviewed annually by the Town Board,
in or near the month of April. Applications received at any time such that
their approval would cause the cap to be exceeded shall be held and kept
on file in the order they are received and deemed complete by the Town
Clerk's Office. Applications held on such list (the “waitlist”) shall be issued
during the calendar year as licenses may become available.
(2)Vacation homes in non-residential zoning districts (designated as all
zoning districts except those enumerated in the preceding subsection)
shall not be included in or subject to this cap.
(c) Transfer of business licenses and changes to local representatives.
(1)Transferable to new owner. An active license for a specific vacation home
or bed and breakfast inn shall be transferable to a different owner in
accordance with procedures in this Code, including paragraph (3) below,
and in the form and manner established by the Town Clerk's Office.
(2)Not transferable to different home. A license assigned to a vacation home
or bed and breakfast inn shall not be transferred to another location of the
same or different ownership.
(3)Application required upon transfer. If the property owner changes during
the annual period for which the vacation home or bed and breakfast inn
has been licensed, a new property owner of record must file an application
to transfer the license into their name within thirty (30) days of transfer of
ownership, and must ensure the vacation home or bed and breakfast inn
is in compliance with all other Town regulations.
(4)Notification of change in local representative. If the local representative
changes during the calendar year, the property owner must notify the
Town Clerk within fifteen (15) days of change, and must ensure the new
local representative is knowledgeable of all applicable regulations for the
vacation home or bed and breakfast inn.
(d) Renewal.
Page 156
EXHIBIT A
(1)Business licenses for vacation homes in residential zoning districts that
are deemed active as of December 31 in any given year shall have priority
for renewal in the following calendar year over any new applications for
business licenses for vacation homes in residential zoning districts,
provided a renewal for said active registration is received and deemed
complete and proper, all required inspections passed, and fees paid by
January 31 of the renewal calendar year. Priority for renewal shall not
otherwise be afforded, and shall not be afforded where an uncured
violation of Town regulations for the vacation home is ongoing in the
determination of the Town Clerk. When priority for renewal is not
afforded, an application shall be subject to any applicable waitlist.
(2)Issuance of a license for a vacation home or bed and breakfast inn shall
not constitute a zoning entitlement for a property's use therefor, nor shall
absence of a license for a vacation home or bed and breakfast inn
constitute removal or abrogation of a property's zoning permissibility for
such use. However, both appropriate zoning permission and compliance
and a valid current business license shall be necessary elements in order
for operation as a vacation home or bed and breakfast inn to occur.
(3)A business license for a vacation home or bed and breakfast inn must be
renewed on an annual basis. A business license does not convey a right
to continue operation as a vacation home or bed and breakfast inn in
future years. When the term of an annual license expires, and the license
has not been properly renewed, the license shall be considered
automatically to have expired and terminated without any further action
necessary by the Town. All provisions under this section, including those
describing priority for renewal, transferability of registrations, continuity of
operations, and the residential cap, are subject to any future changes in
state or local regulations.
(e) Operating requirements.
(1)General requirements apply. Vacation homes and bed and breakfast inns
must comply with all other applicable Town regulations, including those
found in the Estes Park Development Code and building codes and
regulations adopted under title 14 of this code.
(2)Postings
(i)Vacation homes and bed and breakfast inns in all zoning districts
shall have a clearly legible notice posted on-site. The posted notice
shall be provided by the Town at the time the business license is
initially approved, shall be posted in a prominent location inside the
vacation home or bed and breakfast inn prior to or during the initial
inspection, and shall remain posted in the same location for the
duration of its use as a vacation home or bed and breakfast inn. The
posted notice shall include standard contents as determined and
approved by the Town Clerk.
Page 157
EXHIBIT A
(ii)Property Line Boundaries: Included in the posting, the property
owner or local representative shall inform all occupants of property
boundaries.
(iii)The property owner or local representative shall include in all print or
online advertising the business license number in the first line of the
property description.
(iv)Advertising shall accurately represent the allowed use of the
property, including the maximum number of allowed occupants.
(3)Number. Only one (1) vacation home or bed and breakfast inn shall be
allowed per residential dwelling unit. The number of vacation homes
allowed on an individual lot of record may be limited, based on all
regulations in this Code, the Development Code, and other regulations as
may be applicable.
(4)Parking
(i)Minimum Required Off-Street Parking. Except in the CD Downtown
Commercial zoning district, the number of off-street parking spaces
available to a vacation home or bed and breakfast inn shall not be
less than two (2).
(ii)Maximum Off-Street Parking — Residential Zoning Districts. The
maximum number of vehicles parked off-street on the vacation
home or bed and breakfast inn property, and not parked or stored
in a fully enclosed garage, shall not exceed the number of
bedrooms in the vacation home.
(iii)Maximum Off-Street Parking — Non-residential Zoning Districts.
Maximum parking for vacation homes and bed and breakfast inns
in non-residential zoning districts shall be regulated according to
the parking standards applicable to "Hotel, small" as described in
section 7.11(D) of the Estes Park Development Code.
(5)Occupancy generally. All vacation homes and bed and breakfast inns are
subject to the occupancy limits adopted under title 14, in addition to the
maximums below. For the purpose of this section, occupancy shall not be
counted differentially on the basis of age or status. "Bedroom" and
"sleeping room" are deemed equivalent terms to each other, and
equivalent to a sleeping space pursuant to building codes adopted under
title 14. Kitchen facilities shall be limited to be consistent with single-family
residential use. No kitchen facilities or cooking shall be allowed in guest
rooms, sleeping rooms or bedrooms.
(6)Occupancy for vacation homes.
(i)Maximum Occupancy in Residential Zoning Districts: 8 or below.
Except for nine-and-over vacation homes that may be approved and
registered under the provisions of this Code via Large Vacation
Home Review (LVHR) application, the maximum allowable
Page 158
EXHIBIT A
occupancy for an individual vacation home in a residential zoning
district shall be eight (8) occupants. Occupancy shall be further
limited to a maximum of two (2) individuals per sleeping room plus
two (2) individuals per vacation home.
(ii)Maximum Occupancy in Residential Zoning Districts for Large
Vacation Homes. A residential structure with four (4) or more
sleeping rooms may apply for Large Vacation Home Review (LVHR)
approval as a "nine-and-over vacation home", in accordance with the
procedure described in section 5.1 of the Estes Park Development
Code. The maximum occupancy in a nine-and-over vacation home
in a residential zoning district shall be as specified in the LVHR terms
of approval; provided that occupancy shall be limited to a maximum
of two (2) individuals per sleeping room plus two (2) individuals per
vacation home.
(iii)Maximum Occupancy in Non-Residential Zoning Districts.
Occupancy shall be limited to a maximum of two (2) individuals per
sleeping room plus two (2) individuals per vacation home in a non-
residential zoning district. No overall maximum occupancy for a
vacation home in a non-residential zoning district shall be applicable,
provided that the vacation home is deemed to be in compliance with
all Building, Fire, and Health Codes and that a valid business license
is in effect.
(7)Occupancy for bed and breakfast inns.
(i)Maximum Occupancy—Eight-and-under occupants. The maximum
allowable occupancy shall be limited by a maximum of two (2) guests
per bedroom plus two (2) guests. The maximum allowable
occupancy for an individual bed and breakfast inn shall be eight (8)
occupants.
(ii)Maximum Occupancy—Nine-and-over occupants. A residential
structure with four (4) or more sleeping rooms may be permitted as
a bed and breakfast inn if granted zoning approval by special review
in accordance with the S2 procedure described in the Estes Park
Development Code. The maximum occupancy in a nine-and-over
occupant bed and breakfast inn shall be as specified in the special
review approval granted by the Town Board; provided that
occupancy shall be limited to a maximum of two (2) individuals per
sleeping room plus two (2) individuals per bed and breakfast inn.
(iii)One bedroom must be assigned to the resident owner or on-site
manager and therefore not added to the maximum occupancy
calculations in paragraphs (i) and (ii) above.
(8)Number of Parties.
(i)Vacation homes in residential zone districts as those districts are
defined in subsection (b) above shall be rented, leased or furnished
Page 159
EXHIBIT A
to no more than one (1) party at a time, occupying the vacation home
as a single group. Owners of the vacation home shall not occupy the
vacation home while a party is present. All occupants shall be
registered by name on or before the time of the party's initial
occupancy. The name registry shall be maintained by the property
owner, local representative or manager, and shall be made available
to the Town or any other appropriate regulatory entity upon request.
(ii)Bed and breakfast inns may be rented, leased or furnished to one (1)
or more parties.
(9)Vacation homes and bed and breakfast inns, whether new or existing
structures, shall be subject to the exterior lighting requirements for new
development as described in section 7.9 of the Estes Park Development
Code.
(10)Vacation homes and bed and breakfast inns shall be subject to the
wildlife protection requirements as described in chapter 7.20 of this code.
(11)Vacation homes and bed and breakfast inns shall be subject to the
requirements of the sign code of chapter 17.66 of this code, and shall
obtain sign permits as required.
(12)Employee housing units, attainable housing units, and workforce
housing units, as defined and regulated by the Estes Park Development
Code, shall not be designated as vacation homes or bed and breakfast
inns.
(13)Vacation homes and bed and breakfast inns shall not be allowed on
residential lots of record containing an accessory dwelling unit as defined
and regulated by the Estes Park Development Code.
(14)In the CD Downtown Commercial zoning district, bed and breakfast
inns shall not be located on the ground floor of a building fronting on
Elkhorn Avenue.
(15)Home occupations, as defined and regulated by the Estes Park
Development Code, shall not be operated on the site of a vacation home,
nor shall vacation homes offer ancillary services to guests. Home
occupations may be operated on the site of a bed and breakfast inn. Bed
and breakfast inns may also offer limited ancillary services to guests, such
as offering classes/workshops to guests, provided they are in character
with residential use.
(16)Meal Service. Bed and breakfast inns may provide meal service to
registered overnight guests.
(17)The owner of a bed and breakfast inn, or the on-site manager employed
by the owner, must reside on the premises at all times when the bed and
breakfast inn is in operation.
(f) Enforcement.
Page 160
EXHIBIT A
(1)Violation. It is a violation of this section for any owner, representative, guest
or occupant of a vacation home or bed and breakfast inn to be convicted,
including a plea of no contest, of a violation of section 9.08.010 (disturbing
the peace) of this code, which violation occurs on the premises of the
vacation home; to fail to collect and remit all required sales tax to the State
due and owing for the leasing, rental or occupation of a vacation home or
bed and breakfast inn; to fail to comply with any provision of this section; or
to fail to acquire and pay for a business license. The owner and the local
representative of a vacation home shall be in violation of this section if any
guest or occupant of the vacation home violates any provision of this code,
the Estes Park Development Code, or any other applicable law, regulation,
rule, or order issued by a competent governmental authority, or causes a
nuisance as described in title 8 of this code, on the premises of the vacation
home. The owner and the local representative of a vacation home or bed
and breakfast inn shall be in violation of this section if the vacation home or
bed and breakfast inn does not fully and strictly comply with the provisions
of this section, including provisions which this section references or notes
that the vacation home or bed and breakfast inn is subject to. A violation
under section 5.20.070 pertaining to a vacation home or a bed and
breakfast inn shall also be considered a violation of this section and may be
enforced as such. These are all strict liability offenses.
(2)Remedies cumulative. Any action under this section to enforce
requirements for a vacation home or bed and breakfast inn may be in
addition to any other enforcement action(s) permitted under this section
or under other federal, state or local laws, codes, or regulations.
(3) Property owners and local representatives shall be jointly and severally
liable for all violations under this chapter attributable to either. Remedies
for a violation may also be sought against both a property owner and a
local representative, cumulatively, where both are in violation of this
chapter.
(4)Where any violation is a continuing offense, each day that the violation
continues shall be considered and held to be a separate and distinct
offense.
(5)Fines.
(i)Any person who shall be convicted of their initial violation of this
section shall be fined two hundred fifty dollars ($250).
(ii)Any person who shall be convicted of their second violation of this
section occurring within two years of the initial violation shall be
fined five hundred dollars ($500).
(iii)Any person who shall be convicted of their third violation of this
section occurring within two years of the second violation shall be
fined one thousand dollars ($1000).
Page 161
EXHIBIT A
(iv)Any person who shall be convicted of their fourth or subsequent
violation of this section occurring within two years of most recent
prior violation shall be fined the maximum amount permissible
under chapter 1.20.
(6)Suspension and revocation. The Town may suspend or revoke the
business license of any vacation home or bed and breakfast inn for
violation of the provisions of this section as follows:
(i)The Town Clerk, upon the receipt and verification of any violation
of this section, shall give written notice to the owner or
representative that a violation has occurred. The Town Clerk may
delegate this authority to other Town staff, including a code
enforcement officer.
(ii)Upon the receipt and verification of any subsequent violation of
the terms and conditions of this section, within two (2) years of
the date of a notice of violation as set forth in subparagraph (i)
above, the Town Clerk may issue a notice of suspension of the
business license by giving written notice, by ordinary U.S. mail,
to the owner or representative of the suspension of the license.
The notice of suspension is appealable as described in
paragraph (7), below. If the notice is not appealed within the time
afforded, or if the notice is upheld on appeal, the license shall
thereby be suspended. Said suspension shall be for one (1) year
from the date the suspension becomes final. The property may
not be operated as a vacation home or bed and breakfast inn
during the period of the suspension. The Town Clerk shall record
the suspension with the county clerk and recorder.
(iii)If a business license is suspended as described in subparagraph
(ii), then, upon the receipt and verification of any further violation
of this section either during the period of suspension or within two
(2) years after reinstatement, the Town Clerk may issue a notice
of revocation of the business license by giving written notice, by
ordinary U.S. mail, to the owner or representative of the
revocation of the license. The notice of revocation is appealable
as described in paragraph (7), below. If the notice is not appealed
within the time afforded, or if the notice is upheld on appeal, the
license shall thereby be revoked. Upon revocation of the license,
the owner's right and privilege to conduct the business,
profession, occupation or accommodation within the Town is
terminated. No person may apply for a license for a vacation
home or a bed and breakfast inn on the property subject to the
revocation for a period of two years from the date the revocation
is made final. The Town Clerk shall record the revocation with
the county clerk and recorder.
Page 162
EXHIBIT A
(7)Appeal. Any owner or representative who wishes to appeal a notice of
revocation or suspension of a license for a vacation home or bed and
breakfast inn may request an administrative hearing by written notice
delivered in person or by certified mail, return receipt requested, to the
Town Clerk within fourteen (14) calendar days of the date of the notice.
The Town Administrator, or the Town Administrator’s designee, shall act
as the hearing officer and shall hold a hearing on the appeal and
determine whether or not a violation of this section has occurred within
the applicable time period to prompt the suspension or revocation,
respectively. The hearing shall meet the standards of basic procedural
due process. The owner or representative shall be entitled to present
any evidence of compliance with the terms and conditions of this section
at the hearing. The hearing officer need not re-adjudicate any issue
resolved at a previous hearing, or any issue that could have been
resolved with a prior appeal. The decision of the hearing officer shall be
final.
Page 163
EXHIBIT B
§ 5.1 - SPECIFIC USE STANDARDS
This Section contains regulations that apply to specific uses or classes of uses.
. . .
B.Vacation Home.
1.Issuance of an operating registration for a vacation home shall not constitute a
zoning entitlement for a property's use as a vacation home, nor shall absence of
an operating registration for a vacation home constitute removal or abrogation of
a property's zoning permissibility for use as a vacation home. However, both
appropriate zoning permission and compliance and a valid current business
license shall be necessary elements in order for operation as a vacation home to
occur.
2.Residential Character in Residential Zoning Districts. Vacation homes in
residential zoning districts shall not be designed or operated in a manner that is
out of character with residential use of a dwelling unit by one (1) household. Design
shall be compatible, in terms of building scale, mass and character, with low-
intensity, low-scale residential use.
3.Except as specifically provided for elsewhere in this Code, general development
standards (Chapter 7) as required by the underlying zoning district shall be
applicable to vacation homes. For structures that in the absence of vacation home
registration would be classified in section 13.3.92 as single-family detached
dwellings, development standards shall be those for single-family detached
dwellings. For all other structures, development standards shall be those for "hotel,
small."
4.Large Vacation Home Review (LVHR) for Nine-and-Over Vacation Homes in
Residential Zoning Districts.
a.The owner of record of a vacation home in a residential zoning district that
has filed a complete application for an eight-and-under vacation home
operating registration on or before March 31, 2017, may make application for
Large Vacation Home Review (LVHR) under the procedures of this Section
and Code to allow nine (9) or more individuals to occupy the vacation home,
provided that:
(1)The vacation home for which Large Vacation Home Review application
is made has four (4) or more sleeping rooms; and
(2)The vacation home is in compliance with all applicable Building, Health,
and Fire Codes, or is brought into compliance with said Codes by
deadline dates as specified in accordance with the Codes.
b.The Large Vacation Home Review application shall be reviewed and may
be approved by motion and affirmative vote of the Planning Commission. The
Planning Commission's decision shall be final, except that an appeal by a
Page 164
EXHIBIT B
party in interest of the Planning Commission's decision may be made to the
Town of Estes Park Board of Trustees.
c.Large Vacation Home Review for a nine-and-over vacation home shall
comply with the following policies and procedures:
(1)The procedure for application, review, and approval shall comply with
the "Procedure Checklist for Large Vacation Home Review: Nine-and-
Over Vacation Homes," promulgated and maintained by the Community
Development Department;
(2)The required "Vacation Home Safety Inspection Report" and "Vacation
Home Location Inspection Report" shall be provided to the Planning
Commission prior to any Planning Commission approval of a Large
Vacation Home Review;
(3)The minimum lot size for a nine-and-over vacation home shall be one
(1) acre, unless the Planning Commission makes a specific finding that
the vacation home has demonstrated adequate buffering or screening
from adjacent and nearby properties, such that a lot size of less than one
(1) acre is commensurate with Large Vacation Home use. Appropriate
alternative standards for demonstrating adequate buffering or screening
shall include, but not be limited to: orientation of the Large Vacation
Home on the property away from nearby residential structures, linear
separation from other residential structures, separation from other
structures by an intervening right-of-way, topographic features such as
rock formations or grade differences, and mature vegetation or fencing;
(4)The minimum front, side, and rear setback from any lot boundary shall
be twenty-five (25) feet or the setback under the zoning district,
whichever is greater, unless the Planning Commission makes a specific
finding that the vacation home has demonstrated adequate buffering or
screening from adjacent and nearby properties, such that a setback of
less than twenty-five (25) feet or less than the setback under the zoning
district, whichever may be applicable, is commensurate with Large
Vacation Home use. Appropriate alternative standards for demonstrating
adequate buffering or screening shall include, but not be limited to:
orientation of the Large Vacation Home on the property away from
nearby residential structures, linear separation from other residential
structures, separation from other structures by an intervening right-of-
way, topographic features such as rock formations or grade differences,
and mature vegetation or fencing;
(5)An approved Large Vacation Home shall in no case be occupied by
more than two (2) occupants per bedroom plus two (2) additional
occupants.
d.Denial of a Large Vacation Home Review zoning permission for use as a
nine-and-over vacation home shall not void an existing license for an eight-
and-under vacation home, nor shall such denial in itself void zoning
Page 165
EXHIBIT B
permissibility for use as an eight-and-under vacation home; provided that
eight-and-under vacation home zoning requirements in this Code and other
applicable regulations remain applicable.
e.Zoning approval of a Large Vacation Home does not obviate the need for the
property owner to maintain an active annual operating registration (business
license) pursuant to chapter 5.20 of the municipal code in order to operate
the property as a vacation home.
…
U.Bed and Breakfast Inn.
1.Issuance of an operating registration for a bed and breakfast inn shall not
constitute a zoning entitlement for a property's use as a bed and breakfast inn,
nor shall absence of an operating registration for a bed and breakfast inn
constitute removal or abrogation of a property's zoning permissibility for use as a
bed and breakfast inn. However, both appropriate zoning permission and
compliance and a valid current business license shall be necessary elements in
order for operation as a bed and breakfast inn to occur.
2.Residential Character. Bed and breakfast inns shall not be designed or operated
in a manner that is out of character with residential use of a dwelling unit by one
(1) household. This includes, but is not limited to, the following:
(1)Except in the CD district, design shall be compatible, in terms of building
scale, mass and character, with low-intensity, low-scale residential use.
(2)Guest rooms shall be integrated within the bed and breakfast inn.
(3)Kitchen facilities shall be limited to be consistent with single-family
residential use. No kitchen facilities or cooking shall be allowed in the
guest rooms.
(4)Accessory buildings shall not be used for amenities beyond a gazebo
or similar outdoor room.
(5)No changes in the exterior appearance shall be allowed to
accommodate each bed and breakfast inn, except that one (1) wall-
mounted identification sign no larger than four (4) square feet in area
shall be permitted.
(6)Vehicular traffic and noise levels shall not be out of character with
residential use.
3.Large Bed and Breakfast Inns. A residential structure with four (4) or more
sleeping rooms may be permitted only by special review in accordance with the
S2 procedure. The maximum occupancy in a nine-and-over occupant bed and
breakfast inn shall be as specified in the special review approval granted by the
Town Board; provided that occupancy shall be limited to a maximum of two (2)
Page 166
EXHIBIT B
individuals per sleeping room plus two (2) individuals per bed and breakfast inn.
Zoning approval of a Large Bed and Breakfast Inn does not obviate the need for
the property owner to maintain an active annual operating registration (business
license) pursuant to chapter 5.20 of the municipal code in order to operate the
property as a bed and breakfast inn.
…
Page 167
5/19/2021
Proposed Development Code
& Municipal Code Amendments
related to Vacation Homes
Town Board of Trustees
May 25, 2021
Purpose of Code Amendments
To move vacation home regulatory
language from the Development Code to
the Municipal Code.
Remove any obsolete language adopted
with the December 2016 regulations,
and generally clean up text.
Retain land use regulations in the
Development Code.
Page 168
5/19/2021
Purpose Code Amendments Continued
Provide clear enforcement procedures.
Codify Life Safety Inspection and update
timelines.
Update renewal date to be in line with
business licensing – January 31 each year.
Items Not Addressed
The proposed Code amendments are not
addressing the residential cap or
transferability of vacation homes.
These items will come forward during a
second round of discussion and proposed
amendments in the fourth quarter of 2021.
Timeframe for transferability has been
addressed with the proposed amendments.
Move from 15 days to 30 days from
ownership change.
Page 169
5/19/2021
Enforcement Recommendations
Defined Increasing Fines.
Increasing Consequences.
Suspension and Revocations.
Notice/Ticket Issuance.
Increasing Fines/Increasing Consequences
$250
$500
$1000
Max
($2650+)
Notice of
Violation
Suspension
(1 year)
Revocation
(2 years
and
reapply)
Page 170
5/19/2021
Suspension and Revocation
Suspension Revocation
Applies if
new
violation:
Within 2 years of
NOV
Within 2 years of
end of
suspension
Duration 1 year 2 years
Must
reapply?
No Yes
Discretionary Synchronicity
$250
$500
$1000
Max
NOV
Suspension
Revocation
Page 171
5/19/2021
Discretionary Asynchronicity
Potentially Ticketed Parties
Owner Manager Renter
Page 172
5/19/2021
Effect of Transfer of Home
Notice of
Violation
Suspension Revocation
Applies
under new
ownership?
No Yes Yes
Action
recorded?
No Yes Yes
Life Safety Survey/Inspection
Current status – Ordinance 01-19:
Registrations approved prior to March
31, 2019 shall have a completed survey
and have CO issued by March 31, 2021.
Noncompliance shall result in
revocation of registration. – No
renewals were revoke in 2021.
Page 173
5/19/2021
Life Safety Survey Timeframe
60 days to apply
180 days to complete
inspection from permit
issuance
12 months from
inspection to complete
and obtain CO.
30 days to apply
30 days to complete
inspection from permit
issuance
90 days from
inspection to complete
and obtain CO.
Applications after March 31, 2019
(Not required prior to issuance of
operating registration)
Proposed Update
(Complete prior to issuance of
operating registration)
Questions & Discussion
Page 174
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_File_Upload
5/25/2021 10:52 AM Ordinance 08-21.Lowell Richardson Neutral Please find two questions I have about the prosed code changes. Thank you town board.pdf
5/25/2021 9:55 AM Ordinance 08-21.
Christopher Wood- Owner McGregor and
Castle Mountain Lodges, 25 yr. Resident
at 470 Valley Rd.Neutral See Attached Town Board Meeting 5-25-21.pdf
5/24/2021 11:02 AM Ordinance 08-21. Nicholas C Ducharme For
Thanks for your consideration. I was unclear if the proposed amendments were just to move the code from
the Development code to the Municipal code, but if they are to be amended in any other way, I would like to
comment. I would first like to request that more large vacation home licenses be made available, as they
haven't been newly issued since 2017. I'm not sure what the justification for not issuing new ones would be,
but I feel the town is missing out on more large groups coming to Estes that use VRBO and AirBnB that would
benefit from additional places that could accommodate their size. I would also like to request that more
regular vacation licenses be made available, for much the same reason. The property we had where we did
have a license would regularly be completely booked, and while that was a good thing for us, it tells me that
more of these properties would benefit the town even more.
Thanks again for reading this.
Nick Ducharme (BnB Lic#4003)
Public Comment Received by 12pm 2021-05-25
Page 175
Questions concerning proposed ordinance 08-21
Life safety timelines
Primary concern for life safety timelines is the ability to complete changes within the proposed
timeframe proposed. The current development code allows for up to 18-months for a home to become
compliant. I agree this can be trimmed down to something that is more reasonable while still providing
an applicant the ability to meet the requirements form the inspection. Would it be possible to increase
the timeline to 180 days from date? This allows homeowners, designated property managers or others
to initiate and complete the work required to meet code requirements.
Definitions
In the definitions presented for vacation homes and for accommodation units more clarification may be
needed to better understand what is trying to be accomplished with the change. By definition a
residential dwelling is a space used for sleeping and living. If that is the case is an accommodation
dwelling within an accommodation zoned area allowed to perform as a vacation unit? So using Marys
Lake Condos as an example are they exempt or are they required to meet all of the requirements of a
vacation home?
PUBLIC COMMENT ATTACHMENT FROM LOWELL RICHARDSON 2021-05-25
Page 176
May 25, 2021
Town Board of Trustees:
Christopher E. Wood
Reside at 470 Valley Rd, Estes Park, CO for the last 25 years.
Owner of Castle Mountain Lodge, 1520 Fall River Rd, Estes Park (32 Cabins and
Suites)
Owner of McGregor Mountain Lodge, 2815 Fall River Rd., Estes Park (19 Cabins and
Suites.)
As the town navigates the Vacation Rentals within our "Residential" community, I
urge everyone to consider a couple items relative to these rentals.
1) IF indeed, a property is being rented out, generating an income, it is thus, and
should be identified as a business. Relative to this, the value of that home has now
increased, as it now creates a form of revenue. My biggest question is
A) Does it truly now operate as a business...paying commercial Real Estate
property Taxes, Commercial Utilities--Gas, Electric, Sewer and even TDS OR Trail
Blazer--Thus equating the value proposition for a commercial vs residential
property so as to NOT undersell Legally operating commercial businesses such as
my own. If these doe NOT operate under these common business expenses that all
of our businesses do, WHY NOT? Yep, they then have the “power” and wherewithal
to undersell our law abiding businesses. They are businesses and should be treated
as such.
2) What are we doing to our community and residents LIVING in Estes Park relative
to vacant homes, cost of living, and a quality of life by now putting "commercial
properties" within our neighborhoods. Why are we allowing businesses to operate
in “Residential Zoned” neighborhoods. Just as I can not build a residence on my
commercial properties, we have now allowed commercial establishments to run and
operate within residentially zoned areas. Do we not listen to and abide by the zones
created?
A) I believe by violating these Zones, we have now de-valued the quality of life for
those of us living in our residential zones. Our “neighbors” are now out of state
guests, some blatantly ignoring the capacity “cap” on those rental units, creating
disarray and disruption for us living here, bringing in the extra garbage, not even to
mention creating more sewage (probably should be paying for that too relative to
commercial property...(aren’t we looking at currently expanding, and who is picking
up that cost?) And, in the end disturbing the peace where us living here are now
being the “on-site” managers calling code enforcement to come in and enforce. Is
this fair? I didn’t buy my residence to live next to a business.
PUBLIC COMMENT ATTACHMENT FROM CHRISTOPHER E. WOOD 2021-05-25
Page 177
B) The cost of residential property values continue to escalate as “investors” come
into Estes Park, buy multiple properties to make $$$ with no regard to quality of life
for those living next to their vacation rental, while forcing our working class citizens
out.
**Please look at San Francisco, where all this started, property values sky
rocketed, working class moved out, schools closed and could not keep its teachers,
families could NOT afford to live there, and they now have one of the LARGEST
homeless populace in our country. **THEY HAVE NOW SINCE BANNED VRBO’s and
VACATION RENTALS WITHIN THE CITIE’S BORDER. AS HAS SANTA BARBARA, CA.
Duly note, I believe 11 of our school teachers are now moving their families out of
Estes Park, along with their kids/and families down the mountain to “cheaper cost
of living and better schools.” We are destroying the core of our community.
Why I ask? All relative to and for the purpose of making a buck. The current cut-
throat state of our community relative to inventory of homes and land to sell,
making properties WITH RENTAL PERMITS higher in value than those without,
pleases our realtor friends who are actually currently outnumbering the properties
within our town limits that are on the market. I get it..they need to make a living too
in this town where valuations continue to soar into the double digits year after year.
They are, in essence, shooting themselves in the foot so to speak by operating at
such of level where the $$$ overrides any common sense, and regard for the future
of our community.
I just urge all of us to look to the future of our town, our community and where we
want and see it to be in 10-15 years from now. The “immediate” revenue, even
from the $250 or whatever “fees” the town collects from registering and licensing
these businesses should not get in the way of our clarity of thought.
We look at our city streets, our infrastructure getting beaten up year by year, where
our motels/lodges/resorts have not seen the consistent 99-100% occupancy during
our “peak seasons” as regularly as it used to, YET, the increase of traffic, waste
management (on all levels) has grown significantly. Our roads are in dis-repair,
while our guest experience during peak times has drastically diminished. Many long
time “summer guests” are now telling us they wont even consider coming back in
the summer months. Is this what we want?
Page 178
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: May 25, 2021
RE: Revised Policy 101 - Board Assignments
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of the appointment of a Town Board Liaison to the
Comprehensive Plan Advisory Committee (COMPAC) and edits to Policy 101 – Board
Assignments.
Present Situation:
The Town Board established the COMPAC earlier this year and appointed members at
its May 11th meeting.
Proposal:
Staff proposes that the Town Board appoint a liaison to the COMPAC in order to
maintain quality communication between these two bodies. Policy 102 – Town
Committees, establishes the role of Town Board Liaisons:
•Serve as the primary two-way communication channel between the Town Board
and the committee.
•If so designated by the Town Board, to review applications, interview candidates
and make recommendations to the Town Board for approval.
•Serve as the primary Town Board contact with the committee.
•Attend assigned committee meetings when requested or whenever appropriate,
in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend
every meeting of the committee.
•Any Trustee may attend the meeting of any committee; however they should
notify the official Town Board liaison in advance of attending. This notification will
allow the liaison to know when a quorum of the Town Board may be attending
the committee meeting and to notify the Town Clerk so the appropriate public
notifications can be made, in compliance with the Colorado Open Meetings Act.
Page 179
•The liaison is not a member of the committee and when in attendance at a
committee meeting, shall be there as an observer for the Town Board.
Participation in committee discussions should be minimal and restricted to
clarification of Town Board positions or collection of information to bring back to
the full Town Board.
The proposed edits to Policy 101 recognize the formation of the COMPAC as an
Advisory Committee and also reflect the change in the Town Board’s appointed member
for the Larimer County Behavioral Health Policy Council.
Advantages:
•Provides a direct link between the Town Board and the COMPAC for
communication purposes.
•Brings Policy 101 up-to-date.
Disadvantages:
•None
Action Recommended:
Staff recommends the Town Board appoint a Town Board Liaison to the COMPAC and
approve the edits to Town Board Policy 101 as presented.
Finance/Resource Impact:
No direct financial impact.
Level of Public Interest
Medium
Sample Motion:
I move to appoint BOARD MEMBER as the Town Board Liaison to the Comprehensive
Plan Advisory Committee and approve Town Board Policy 101 as presented.
Attachments:
•Town Board Policy 101
Page 180
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 08/11/202005/25/2021
Effective Date: 08/11/202005/25/2021
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 08/11/202005/25/2021
1.Purpose The Board of Trustees has many varied responsibilities. In order to effectively use their
time, the Board finds it necessary to divide duties and responsibilities among the Board
members.
2.Assignments To Ongoing Committees: At the first regular meeting following the certification of the
results of each biennial election, the Board of Trustees determines each Board and Commission
Primary Liaison assignments and responsibilities for the remainder of the term of the current
standing Town Board.
a.Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in 101.2,
the Board may do so at any regular meeting of the Board.
3.Assignment To Committees Of The Board Of Trustees (committees comprised solely of
members of the Board of Trustees)
a)Assignments to Audit Committee:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor
serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1,
2014; Ord. 13-15, § 1, 9-22-2015)
b)Assignment to Special Committees:
Special committees may be established by the Board of Trustees. The Mayor shall
appoint all members of any special committee subject to the approval of the Board of
Trustees. (Estes Park Municipal Code 2.08.020)
4.Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results
of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor
Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during
the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.”
(Estes Park Municipal Code 2.16.010)
Attachment 1
Page 181
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 08/11/202005/25/2021
Effective Date: 08/11/202005/25/2021
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 08/11/202005/25/2021
5.Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate
trustees to serve on committees, community groups, or in some other capacities as a
representative of the Town, except in cases where a Board Liaison has been approved by the
Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such
appointments to the Board for approval at a regular town board meeting. The Mayor will make
every effort to distribute special assignments equitably among the members of the Board.
6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town
Committees, “Applicants for all committees will be interviewed by the Town Board, or its
designees. Any designees will be appointed by the full Town Board.”
7.Outside Committees – Outside committees are committees or boards where the Town is
represented by a member of the Board of Trustees and/or staff. These are not committees of
the Town of Estes Park and therefore the rules and guidelines for membership are those of the
outside entity not the Town. At times, they may request that the Trustees assign an
individual(s) to represent the Town, however they may also request a specific individual or
position as the Town’s representative to the committee.
8.Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor
shall present the nomination of any such appointments to the Board for approval at a regular
town board meeting. The Mayor will make every effort to distribute special assignments
equitably among the members of the Board.
9.Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the
Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment
shall be approved by the Town Board, with preference for the Utility Director per PRPA
Resolution 07-19.
Page 182
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 08/11/202005/25/2021
Effective Date: 08/11/202005/25/2021
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 08/11/202005/25/2021
Board Assignments
Mayor Pro-Tem - __ Trustee Martchink_____________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee MacAlpine Randy Hunt Advisory/ Decision
Making
Estes Park Board of Adjustment Trustee MacAlpine Randy Hunt Decision Making
Western Heritage Inc Trustee Cenac n/a Outside
Estes Park Museum Friends and Foundation
Inc.
Derek Fortini Outside
Ambassadors Teri Salerno Outside
Police Auxiliary Trustee Younglund Wes Kufeld Working Group
Parks Advisory Board Trustee Cenac Brian Berg Advisory
Transportation Advisory Board Trustee Bangs Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Bangs Denise Lord Working Group
Estes Park Board of Appeals Trustee MacAlpine Randy Hunt Advisory/Decision
Making
Sister Cities Trustee MacAlpine n/a Working Group
Community and Family Advisory Board Trustee Younglund Jason Damweber Advisory
Comprehensive Plan Advisory Committee TBD Randy Hunt Advisory
Page 183
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 08/11/202005/25/2021
Effective Date: 08/11/202005/25/2021
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 08/11/202005/25/2021
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Koenig
Mayor Pro Tem
Martchink
Trustee
MacAlpine
Travis Machalek
Duane Hudson
Advisory
Colorado Association of Ski Towns (CAST) Voting Designee
–Mayor Koenig
Alt Designee TA
Machalek
n/a Outside
Platte River Power Authority Board of
Directors
Mayor Koenig Reuben Bergsten Outside
Estes Park Economic Development
Corporation Board of Directors
Trustee
Martchink & TA
Machalek
n/a Outside
Larimer County Solid Waste Policy Council Mayor Koenig
expires
11/30/2022
Outside
Local Marketing District (Visit Estes Park) Trustee Cenac
Trustee
Webermeier
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
Martchink
Outside
Larimer County Behavioral Health Policy
Council
Trustee
WebermeierMay
or Koenig
n/a Outside
___________________________________
Wendy Koenig
Mayor
Page 184
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 21, 2021
RE: Interview Committee for the Parks Advisory Board
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for the open position on
the Parks Advisory Board.
Present Situation:
The Parks Advisory Board consists of seven volunteer community members. The board
currently has two vacancies. The Town Clerk’s Office has advertised the openings 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 185
Level of Public Interest:
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Parks Advisory Board interview committee.
Attachments:
None.
Page 186