Loading...
HomeMy WebLinkAboutPACKET Town Board 2021-06-22The 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, June 22, 2021 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, June 22, 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, June 22, 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 06-11-2021 *Revised 06-18-2021 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. •You will experience a short delay prior to re-connecting with the ability to speak. •State your name and address for the record. In order to participate, you must: •Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. •Join the Zoom Webinar. o The link can be found above. •Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”. •DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, June 21, 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, June 21, 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, June 21, 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, June 21, 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, June 22, 2021 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 June 8, 2021, Town Board Study Session Minutes dated June 8, 2021 and Town Board Strategic Planning Session Minutes dated June 7, 2021 and June 14, 2021. 3.Community & Family Advisory Board Minutes dated April 1, 2021 (acknowledgement only). 4.Comprehensive Plan Advisory Committee Minutes dated May 25, 2021 (acknowledgment only). 5.Estes Park Planning Commission Minutes dated May 18, 2021 (acknowledgment only). 6.Revised Policy 101-Division of Responsibilities - Revised Appointments to the Local Marketing District. 7.Resolution 48-21 Approving the Notice of Environmental Use Restrictions with Colorado Department of Public Health and Environment. 8. Resolution 49-21 Approving a Memorandum of Understanding between the Estes Park Police Department, the Estes Valley Restorative Justice Partnership, and the Larimer County District Attorney’s Office. 9. Resolution 50-21 Approving Contract Amendment #1 for Fall River Trail Construction for the Colorado Parks and Wildlife, Colorado the Beautiful Grant Agreement. 10. Resolution 51-21 Approving an Intergovernmental Agreement for 2021 Elkstang Bustang Service with CDOT. 11. Art in Public Places (AIPP) Approval of Women's Monument Application. LIQUOR ITEMS: 1.RESOLUTION 52-21 NEW FERMENTED MALT BEVERAGE OFF-PREMISE LIQUOR LICENSE HARTS GAS AND FOOD LLC DBA TINY TOWN SINCLAIR, 860 MORAINE AVENUE, ESTES PARK, CO. Town Clerk Williamson. Consider a new fermented malt beverage off-premise liquor license. The same class of liquor license was held by the previous owner and was surrendered due to a change of ownership. Prepared 06-11-2021 *Revised 06-18-2021 * Page 3 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2.RESOLUTION 53-21 NEW FERMENTED MALT BEVERAGE OFF-PREMISE LIQUOR LICENSE ESTES PARK 1110 LLC DBA QUICK GO, 1110 WOODSTOCK DRIVE, ESTES PARK, CO. Town Clerk Williamson. To consider a new fermented malt beverage off-premise liquor license. The property had a previous license under the 3.2% beer class during a previous ownership. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A. RESOLUTION 54-21 APPROVING THE AMENDED PLAT OF LOTS 53 AND 54 OF FALL RIVER ADDITION, 951 WEST ELKHORN AVENUE, ESTES PARK GROUP OF CHRISTIAN SCIENTISTS, OWNER/ APPLICANT. Planner Woeber. Application for an Amended Plat, to rearrange two lots by adjusting the internal, common lot line. ACTION ITEMS: 1.ORDINANCE 09-21 APPROVING A WATER SERVICE AGREEMENT WITH THE YMCA OF THE ROCKIES. Assistant Town Administrator Damweber. Agreement would extend the Town’s water services to the YMCA of the Rockies’ Estes Park Center. 2.RESOLUTION 55-21 AUTHORIZING THE FORMATION OF AN AD-HOC TASK FORCE TO EVALUATE THE TOWN’S ROLE IN ENVIRONMENTAL SUSTAINABILITY. Town Administrator Machalek. Consideration of the creation of a task force to evaluate the Town's role in environmental sustainability initiatives and make recommendations to the Town Board. 3.INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT. Town Clerk Williamson. REPORT AND DISCUSSION ITEMS: 1.TRUSTEE TALKS AND MAYOR MEETINGS. Town Administrator Machalek. ADJOURN. * Page 4 Town of Estes Park, Larimer County, Colorado, June 8, 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 8th day of June, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION. Mayor Koenig recognized Lois Smith with a proclamation for her years of services to the community and ownership of the former Baldpate Inn. YEARS OF SERVICES: Mayor recognized staff meeting service milestones with the Town, including Corey Pass –30 years, those with 10 year of service – Robert Bauming, Brian Berg, Chris Eshelman, and Shane Krell, and those with 5 years of service – Jane Goreski, Mikel Otazua, and Megan Van Hoozer. AGENDA APPROVAL. It was moved and seconded (Younglund/Webermeier) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Younglund stated the Community and Family Advisory Board would provide a workforce housing proposal and a mechanism for funding childcare. Trustee Webermeier stated Visit Estes Park (VEP) would move to a monthly meeting. He commented Abi Huebner announced her resignation from VEP and thanked her for her service to the organization and the community. Mayor Koenig attended the Larimer County Behavioral Health Policy Council meeting where staff provide an update on the new facility. The council has hired Xuma Communication, a community outreach facilitator, to engage the community on the development of the facility, including naming and branding the project. Trustee Cenac commented the Rooftop Rodeo would be held in 2021 with no capacity restrictions. She reiterated the Cowboy Channel would feature the Estes Park rodeo each night. The event has also attracted additional contestants this year. DRAFTPage 5 Board of Trustees – June 8, 2021 – Page 2 TOWN ADMINISTRATOR REPORT. After discussion, the Board agreed to include a report and discussion item on Trustee Talks and Mayor Chats and how to manage the meetings to get the most value from each. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated May 25, 2021. 3.Parks Advisory Board Minutes dated March 18, 2021 and April 15, 2021 (acknowledgment only). 4. Transportation Advisory Board Minutes dated April 21, 2021 (acknowledgment only). 5.Art in Public Places (AIPP) Approval of Yarn Bombing Application. 6. Resolution 45-21 Setting Public Hearing date of June 22, 2021, for a New Fermented Malt Beverage Off-Premise Liquor License filed by Harts Gas and Food LLC dba Tiny Town Sinclair, 860 Moraine Avenue, Estes Park, CO 80517. 7. Resolution 46-21 Setting Public Hearing date of June 22, 2021, for a New Fermented Malt Beverage Off-Premise Liquor License filed by Estes Park 1110 LLC dba Quick Go,1110 Woodstock Drive, Estes Park, CO 80517. It was moved and seconded (Webermeier/Martchink) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.ESTES CHAMBER OF COMMERCE ANNUAL UPDATE. Executive Director Carlson provided an annual review stating the Chamber found unique ways to engage the community, guests and business members during the pandemic this past year through special campaigns, re-established ribbon cuttings for new businesses, fundraisers, coffee connections to connect business and community members, Everyday Estes podcasts, and engaged in legislative action team. She stated the membership doubled over the past year. The agency would keep listening and learning, increase the membership, and hold additional fundraisers during the next year. The Board thanked the Chamber for their work this past year and for their continued support of the local businesses. ACTION ITEMS: 1.RESOLUTION 47-21 MEMORANDUM OF UNDERSTANDING (MOU) – HEADWATERS ECONOMICS’ COMMUNITY PLANNING ASSISTANCE FOR WILDFIRE (CPAW) PROGRAM. Director Hunt presented a Memorandum of Understanding with Headwaters Economics, a non-profit and independent research group, regarding the Town’s voluntary participation in the Community Planning Assistance for Wildfire (CPAW) program, funded through grants from the U.S. Forest Service and private foundations. Community Development would represent the Town and be the lead in the cooperative effort. The purpose of the Town’s participation would be to support local adaptation to wildfire by providing technical assistance to the community through planning recommendations, risk assessment, research, and capacity building. It was moved and seconded (Younglund/MacAlpine) to approve Resolution 47-21, and it passed unanimously. 2.INTERVIEW COMMITTEE FOR THE COMMUNITY & FAMILY ADVISORY BOARD. It was moved and seconded (Koenig/Webermeier) to appoint Trustee Younglund and Mayor Koenig to the interview committee for the Community & Family Advisory Board, and it passed unanimously.DRAFTPage 6 Board of Trustees – June 8, 2021 – Page 3 REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Webermeier/MacAlpine) to enter into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4)(e) CRS, and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6- 402(4)(b), C.RS. - Regarding State Financing for the Stanley Film Center under the Regional Tourism Act, and it passed unanimously. Mayor Koenig recessed the meeting at 7:46 p.m. The Board entered executive session at 7:50 p.m. and concluded the executive session at 9:25 p.m. Mayor Koenig reconvened the regular meeting at 9:27 p.m. Whereupon Mayor Koenig adjourned the meeting at 9:27 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DRAFTPage 7 Town of Estes Park, Larimer County, Colorado June 8, 2021 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 8th day of June, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Town Clerk Williamson and Deputy Town Clerk Beers Absent: None. Mayor Koenig called the meeting to order at 4:45 p.m. DOWNTOWN LOOP QUARTERLY UPDATE. Director Muhonen presented the Downtown Estes Loop quarterly update, and the Technical Advisory Committee (TAC) provided progress updates on Right-of-Way (ROW) acquisitions, the Conditional Letter of Map Revisions, budget, schedule, and the Memorandum of Agreement with Central Federal Lands Highway Division. The Board requested staff move the quarterly update to “Items Approved Unscheduled” allowing the team to focus on project efforts. Staff recommended scheduling the next update for January 25, 2022, to which the Board was in agreement. CAMERON PEAK AND EAST THOMPSON ZONE DEBRIEF. Captain Rose and Grant Specialist Crosser presented issues and recommendations as a result of the emergency response during the recent wildfire events. Staff outlined improvements which can be applied toward the management of future disasters and emergencies. The East Troublesome Fire resulted in a valley-wide evacuation order on October 22, 2020. Additionally, the Cameron Peak Fire impacted Estes Park, Town employees, as well as the Power & Communication Division. Staff stated each event would present different situations requiring unique responses, however, the report would act as the first step in implementing recommendations and sharing lessons learned. The report format included the issue summary, recommendation, responsible department and implementation timeframe. Highlights of the report included: communications, operations, emergency management, evacuation, education and training. Staff utilized information from other agencies to develop proactive evacuation plans which were utilized during the evacuation in 2020. DEMONSTRATION OF LASERFICHE PROCESS AUTOMATION FOR MUNICIPAL COURT. Deputy Town Clerk Beers reviewed process automation and updates to municipal court records and court day operations. Updates were made using the Town’s enterprise-wide document management software Laserfiche. In 2018, Municipal Court was moved to the Clerk’s office supervised by the Town Clerk. Since 2018, updates have been made to court operations by the current Court Clerk and staff. Staff reviewed options for purchasing software to update the court process at a cost of approximately $10,000, which was consider too high for the level of citations processed annually. The Laserfiche Municipal Court process sources citation information stored in the Police Department’s ticketing software and stores all the information digitally. A review of the process was presented to the Board. The virtually paperless process has eliminated the need to shuffle paper files from staff, the Prosecutor and the Municipal Judge. Staff anticipated the automation would initially result in a material cost savings of $0.75 per DRAFTPage 8 Town Board Study Session – June 8, 2021 – Page 2 citation paid prior to court and $4.65 per citation which goes through the court process. Staff anticipated staff time savings of 25 minutes per citation for citations paid prior to court and 40 minutes per citation which go through court. Staff would update the return on investment estimates throughout the year as the new process continues to be utilized. Trustee Younglund questioned whether issues have occurred due to defendants not having access to a cell phones or email, to which staff responded there has been minimal to no impact on Municipal Court electronic operations. The Board requested clarification on the security of citation records and requested an update from staff on the Town’s cyber security protection measures. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. Mayor Pro Tem Martchink questioned the Board’s interest in discussing vacation homes in residential zoning districts, the cap on residential vacation homes, and the potential of instituting a use tax or fee. After further discussion, the Board directed staff to research and provide options to the Board at a future Study Session. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule the Vacation Home Philosophy in August, Quarterly CompPAC Updates to Items Approved – Unscheduled, moving the Rooftop Rodeo Financial Overview to July 13, 2021 and scheduling the Facilities Master Plan Opportunity Sites and the Oral History Program Discussion for July 27, 2021. There being no further business, Mayor Koenig adjourned the meeting at 6:05 p.m. Bunny Victoria Beers, Deputy Town Clerk DRAFTPage 9 Town of Estes Park, Larimer County, Colorado June 7, 2021 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 7th day of June, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Disney Absent: None Mayor Koenig called the meeting to order at 5:00 p.m. INTRODUCTION TO STRATEGIC PLANNING FOR 2022. Town Administrator Machalek provided an overview of the strategic planning process for 2022, provided background on the 2021 Strategic Plan, and budgetary outlook for the remainder of 2021 and into 2022. He stated the Capital Projects item was moved into the Capital Improvements Plan for consolidation. REVIEW MISSION, VISION, AND OUTCOME AREAS. The Board discussed the current Vision and Mission for the Town and determined to maintain them as the following: Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our residents, guests, and employees, while being good stewards of public resources and our natural setting. REVIEW STRATEGIC POLICY STATEMENTS. The Board reviewed each of the policy statements and made the following suggested changes: Robust Economy – We have a diverse, healthy year-round economy. Statement 4 revised: We recognize the importance of our Downtown Core. Statement 5 revised: We support investment and revitalization in all of the Town’s commercial corridors and centers. Statement 7 revised: The Town will lead specific economic development efforts identified by the Town Board, such as the continued implementation of the Broadband Utility, and provision of electric and water services. Statement 8 revised: Town policies and actions will reflect a preference for local businesses. Infrastructure – We have reliable, efficient, and up-to-date infrastructure serving our community and customers. DRAFTPage 10 Town Board Study Session – June 7, 2021 – Page 2 Statement 5 revised: We will be proactive in our approach to mitigating flood risks including pursuing the implementation of the Stormwater Master Plan. Exceptional Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. Statement 6 removed. Public Safety, Health, and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Statement 9 added: We will be proactive in our approach to wildfire planning and mitigation in response to elevated fire risks in the Estes Valley and surrounding area. Outstanding Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. The order of statements was adjusted and the following revisions and additions made: Statement 1 revised: We will support a wide-range of housing opportunities with particular focus on workforce housing. Statement 2 revised: We will support the needs of our senior community. Statement 3 added: We support a family-friendly community and strive to be a family- friendly employer. Statement 7 added: We are committed to improving community accessibility for residents and visitors with disabilities. Governmental Services and internal support – We provide high-quality support for all municipal services. No changes recommended by the Board. Transportation – We have safe, efficient, and well-maintained multi-modal transportation systems for pedestrians, cyclists, motorists, and transit riders. Statement 3 revised: We will effectively communicate to residents and visitors the Town’s parking and transportation options. Town Financial Health – We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. The order of statements was adjusted and the following addition made: Statement 1 added: The Town will maintain up-to-date financial policies and controls that reflect the financial philosophy of the Board. Town Administrator Machalek stated staff would review the changes and compile goals and objectives for Session 2 scheduled for June 14, 2021. There being no further business, Mayor Koenig adjourned the meeting at 6:27 p.m. Kimberly Disney, Recording Secretary DRAFTPage 11 Town of Estes Park, Larimer County, Colorado June 14, 2021 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 14th day of June, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Disney Absent: None Mayor Koenig called the meeting to order at 5:00 p.m. REVIEW OF OBJECTIVES AND GOALS. Town Administrator Machalek reviewed any changes or additions to the Strategic Policy Statements from the departments for the Boards consideration. Robust Economy Statement 4: We recognize the importance of a vibrant, attractive, and economically viable Downtown Core. Exceptional Guest Services Statement 5: We Value a well-maintained Stanley Park Complex. Outstanding Community Services Statement 4: We will support a wide range of child care opportunities with a particular focus on infants and toddlers. Goals and objectives for each Outcome Area were discussed by the Board; Town Administrator Machalek would compile input from the meeting, collect public input, and develop a draft 2022 Strategic Plan for the Board’s consideration and adoption at a regular meeting in the fall. Robust Economy The Board discussed the Estes Park Economic Development Corp Code Committee. Infrastructure The Board discussed renewable energy. Exceptional Guest Services The Board discussed responsibilities of parking lot maintenance at Stanley Park, the Estes Valley Recreation & Park District contract renewal timeframe, the type of regular audiences which attend Town events, Stall Barn renovations, and private entity and non-profit sponsorships. Public Safety, Health, and Environment The Board discussed solar power optionsoptions for residents and buildings. DRAFTPage 12 Town Board Study Session – June 14, 2021 – Page 2 Outstanding Community Services The Board discussed child care opportunities and financial obligations, the workforce housing fund, the approval timeline of the Facilities Master Plan, and purchase options for properties identified in the Facilities Master Plan. Governmental Services and Internal Support The Board discussed insurance options in the event of a ransomware attack and evaluating public art in the Town. Transportation The Board discussed funds for the Fall River Trail and reviewing seasonal paid parking following the 2021 season. Town Financial Health No Board comments on the goals and objectives. There being no further business, Mayor Koenig adjourned the meeting at 6:45 p.m. Kimberly Disney, Recording Secretary DRAFTPage 13 Page 14 Town of Estes Park, Larimer County, Colorado, April 1, 2021 Minutes of a regular meeting of the Community and Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually on Zoom, on the 1st day of April 2021. Present: Laurie Dale Marshall Jodi Roman Nancy Almond Sue Strom John Bryant Christy DeLorme Rachel Balduzzi Chris Douglas Michael Moon Absent: N/A Also Present: Cindy Younglund, Town Board Liaison Jason Damweber, Assistant Town Administrator Suzanna Simpson, Executive Assistant Guests: Trustee Carlie Bangs Claire Bouchard, United Way Chair Dale Marshall called the meeting to order at 3:35 p.m. PUBLIC COMMENT: Claire shared United Way updates including the annual fundraiser on June 10, benefitting the childcare scholarship fund, assistance with FEMA vaccine clinics, equality work, and the long-term recovery group for wildfires. Member Almond shared that the Be Ready Fair takes place May 6. APPROVAL OF MARCH MEETING MINUTES: It was moved and seconded (Moon/Balduzzi) to approve the March meeting minutes and the motion passed unanimously. TRUSTEE LIAISON UPDATE & DISCUSSION OF BRINGING ACTIONABLE ITEMS TO THE TOWN BOARD: Page 15 Community and Family Advisory Board – April 1, 2021 – Page 2 Trustee Younglund shared that applications are open for the Comprehensive Plan Advisory Committee. Trustee Younglund suggested that the Community and Family Advisory Board utilize the existing Workforce Housing and Childcare Task Force as a guide to make recommendations to the Town Board. She introduced Trustee Bangs to continue the discussion as she was on the committee that created the report. Trustee Bangs stressed that the report was intended to be a strategic plan for what the Town government can do to address the issues of workforce housing and childcare, covering administrative feasibility, political acceptability, measurability/consistency with the Town’s strategic plan. Chair Dale Marshall presented the idea of a recommendation around ensuring all Town signage is available both in English and Spanish. Assistant Town Administrator Damweber shared that the Town’s Executive Leadership Team has had this discussion and is planning to translate more items, including signage. The board discussed more details arounds this potential recommendation, including how to get feedback from the community on needs, visitor data and ensure that translation is effective and consistent with Visit Estes Park’s branding. RECOMMENDATIONS: Members Moon and Almond shared information on the committee working on the childcare ballot initiative through the County. The board discussed the challenges around identifying barriers and shaping those into actionable recommendations to the Town Board, as well as how to use focus areas to shape recommendations. The board also discussed the Town’s childcare fund and how it can best support childcare providers, as there is some concern that the current mechanisms do not meet the need of providers. An ongoing issue seems to center around bringing new providers to town rather than upgrading existing provider locations. The board discussed how to explore public/private partnerships and funding sources, as well as how to deal with the existing facilities barrier. No recommendations were finalized, but Chair Dale Marshall, and Members Roman and DeLorme will work with Assistant Town Administrator Damweber and EVICS to help gather some data to bring back for a potential recommendation at the next meeting. OTHER BUSINESS Seeing no further business, the meeting was adjourned at 5:16 p.m. Page 16 Community and Family Advisory Board – April 1, 2021 – Page 3 NEXT MEETING The next regular meeting of the Family Advisory Board will take place Thursday, May 6, 2021. The format will be virtual through the Town’s Zoom account. Suzanna Simpson, Recording Secretary Page 17 Page 18 Town of Estes Park, Larimer County, Colorado, May 25, 2021 Minutes of a Regular meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held via ZOOM in said Town of Estes Park on 25 May 2021. Committee: David Bangs, Eric Blackhurst, Chuck Cooper, Matthew Heiser, Bob Leavitt, Kirby Nelson-Hazelton, John Schnipkoweit, Dave Shirk, Karen Thompson, Rose Truman, David Wolf, Matt Comstock, Mike Kennedy Attending: David Bangs, Eric Blackhurst, Charles Cooper, Matthew Heiser, Bob Leavitt, Kirby Hazelton, John Schnipkoweit, Dave Shirk, Karen Thompson, Rosemary Truman, David Wolf, Matt Comstock, Mike Kennedy, Community Development Director Randy Hunt, Senior Planner Jeff Woeber, Larimer County Community Development Director Leslie Ellis, Larimer County Principle Planner Matt Lafferty, Town Attorney Dan Kramer, PIO Kate Rusch, Trustee Barbara MacAlpine, Planning Tech Charlie Rugaber, Recording Secretary Karin Swanlund Absent: Planner II Alex Bergeron Director Hunt called the meeting to order at 10:00 a.m. Introductions, including backgrounds and aspirations for the Comp Plan, were made by all attending. APPROVAL OF AGENDA: It was agreed upon to elect a Chair and Vice-Chair at a future meeting. The Bylaws have been approved and adopted by the town board. It was moved and seconded (Blackhurst/Hazelton) to approve the agenda. The motion passed 11-0. PUBLIC COMMENT. None LEGAL ASPECTS OF COMMITTEE MEMBERS AND OPERATIONS. Town Attorney Kramer reviewed the legal aspects of being on an appointed Committee, including open meetings and Sunshine laws, Open Records (CORA) and conflicts of interest. He invited all members to reach out to him directly if they have any concerns or questions. Town email addresses will be given to all Committee members. Allowing non- voting members to make a motion is a decision the Committee Chair should make. The Committee can overrule the Chair. ACTION ITEM: APPROVAL OF BYLAWS It was moved and seconded (Cooper/Blackhurst) to approve the Bylaws. The motion passed 11-0. ACTION ITEM: SETTING OF REGULAR MEETING DATES AND TIMES. Meeting times were discussed, and it was decided to initiate a Doodle Poll to decide on a time, with a preference of the 2nd and 4th Thursday of the month. ALL DISCUSSION ITEMS WERE CONTINUED TO THE NEXT MEETING Logan Simpson Scope of Services, Roles of Bang the Table and CPAW, Plan Branding There being no further business, Director Hunt adjourned the meeting at 11:33 a.m. Karin Swanlund, Recording Secretary Page 19 Page 20 1 Town of Estes Park, Larimer County, Colorado, May 18, 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 18 day of May 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, Town Clerk Williamson, 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. 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. CODE AMENDMENT: Town Clerk Williamson reviewed the proposed amendments to Section 5.1.B and 5.1.U, of the Development Code, explaining that it will move current regulatory language for anything not land use-based, including Vacation Homes, from the Development Code to the Municipal Code. The amendments would also clean up obsolete language and identify the Town Clerk's office as the office in charge of all regulations and licensing. The Code amendments will also address enforcement guidelines and provide proposed changes to the timeline for vacation home and bed & breakfast properties to complete the life safety survey before issuing a registration to operate. The Town Board reviewed Page 21 2 these changes at their April 27, 2021 study session, and staff received support for the proposed changes. Staff recommended approval to the amendments as presented. DISCUSSION In response to Chair Comstock's process questions, Director Hunt stated that the Planning Staff does not have any concerns about this Code Amendment and Attorney Kramer said that formal findings were not necessary in this case. Answering a question about time frames for getting a building inspection, Clerk Williimason explained that "the clock starts" once the permit is issued. The process of applying and getting the Life Safety Inspection can occur anytime once the license has been applied for. It was moved and seconded (Heiser/Hanson) to recommend approval of the text amendment to the Estes Park Development Code as presented in Exhibit A & Exhibit B to the Estes Park Town Board of Trustees. The motion passed 4-0. DOWNTOWN BUILDING HEIGHT: Ayres Associates Mike Scholl and Matt Ashby reviewed the Code amendment under consideration to allow a greater building height in the CD (Downtown Commercial) Zone District. The purpose is to allow for a more significant opportunity for mixed-use development and opportunities to add much-needed housing units. Specifically, building height within the CD Zone District would be amended from 30 feet to allow buildings up to 42 feet in height. The consultants recommended this height as a use by right based on discussions and feedback from developers. They indicated that 42 feet was a reasonable height for a three-story building that would provide flexibility in construction, design, and marketability. The previous discussion by the Planning Commission indicated an interest in a 39-foot height limit; however, developers believed allowing the additional three feet would be needed to accommodate infrastructure. DISCUSSION: Director Hunt pointed out that an inventory of current downtown building heights could be done if there was enough interest. Suggested design guidelines were reviewed at length. Director Hunt noted that discretionary views are not allowed at the Planning Commission review level and call for careful consideration when writing code. The Commission agreed that a 42' limit and measuring by feet rather than stories was the preferred path forward, with limited guidelines. It was suggested to give financial incentives for flood and fire mitigation. Hanson encouraged the collection of data. Page 22 3 REPORTS: Director Hunt discussed the Comp Plan's progression and the committee appointed with 11 voting and two non-voting members. Joint meetings with this Commission and the County advisory group will be scheduled. Also, communication at a Town Board Study Session was mentioned. The Technical Review Committee approved the Stanley Hotel Film Center preliminary development plan on May 11. The final development plan should be approved later this summer. A decision on in-person meetings and reopening facilities is pending and is currently being discussed at the management level. There being no further business, Chair Comstock adjourned the meeting at 3:45 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 23 Page 24 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 22, 2021 RE: Revised Policy 101 – Division of Responsibilities – Revised Appointments to the Local Marketing District Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: Town Board consideration of revised Policy 101 – Division of Responsibilities which would designate Trustee Cenac as an alternate to Trustee Webermeier’s appointment on the Local Marketing District (LMD) Board. Present Situation: Trustee Cenac resigned from her appointment on the LMD Board on June 3, 2021. It was determined only one Town Member on the LMD Board was needed and Trustee Cenac would serve as an alternate designee to Trustee Webermeier. The Town has begun advertising for the vacant position on the LMD Board. Proposal: Appoint Trustee Cenac as an alternate designee to the LMD Board. Advantages: Continues Town Board representation on the LMD Board while allowing for new citizen appointment and engagement. Disadvantages: None. Action Recommended: Approve the edits to Policy 101 – Division of Responsibilities as presented. Finance/Resource Impact: None. Page 25 Level of Public Interest Low. Sample Motion: I move for the approval/denial of Policy 101 – Division of Responsibilities as presented. Attachments: 1.Policy 101 – Division of Responsibilities. Page 26 Division of Responsibilities 6/4/216/22/2021 Revisions: 1314 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 05/25/202106/22/2021 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 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) 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 Attachment 1 Page 27 Division of Responsibilities 6/4/216/22/2021 Revisions: 1314 Town of Estes Park, Town Board Governance Policies Page 2 of 4 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 28 Division of Responsibilities 6/4/216/22/2021 Revisions: 1314 Town of Estes Park, Town Board Governance Policies Page 3 of 4 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/Decisio n Making Sister Cities Trustee MacAlpine n/a Working Group Community and Family Advisory Board Trustee Younglund Jason Damweber Advisory Comprehensive Plan Advisory Committee Trustee MacAlpine Randy Hunt Advisory Page 29 Division of Responsibilities 6/4/216/22/2021 Revisions: 1314 Town of Estes Park, Town Board Governance Policies Page 4 of 4 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 Alt Designee Trustee Cenac n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee Martchink Outside Larimer County Behavioral Health Policy Council Mayor Koenig n/a Outside ___________________________________ Wendy Koenig, Mayor _____________ Date Page 30 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Date: June 22, 2021 RE: Resolution 48-21 Approving the Notice of Environmental Use Restrictions with Colorado Department of Public Health and Environment (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works (PW) seeks approval of the Notice of Environmental Use Restrictions with the Colorado Department of Public Health and Environment (CDPHE) for the reburial of solid waste within the closed landfill on Elm Road. Present Situation: The Town entered into a contract in 2015 to design a leachate mitigation project to intercept surface stormwater flowing across the closed landfill parcel and install buried pipe to discharge the stormwater into the Big Thompson River. The purpose of the work was to minimize the potential flushing of contaminants into the river due to stormwater draining through the buried waste. During the course of constructing this work in 2016, buried trash was exposed and reburied within the landfill. Proposal: CDPHE requires this Notice of Environmental Use Restrictions be executed with the Town and indexed in the Larimer County Clerk and Recorders office to ensure protection of human health and the environment by maintaining the protective cover over the reburied waste. Advantages: •This restrictive notice satisfies state law pertaining to protecting the public from exposure to potentially harmful elements contained in buried solid waste. Disadvantages: •The expenditure of public funds and investment of administrative effort is required to fulfill this state law. Page 31 Action Recommended: Public Works staff recommend approval of this restrictive notice. Finance/Resource Impact: Cost of this restrictive notice is limited to the administrative effort from Town staff and CDPHE staff. Level of Public Interest Public interest is low. Sample Motion: I move to approve Resolution 48-21. Attachments: 1.Resolution 48-21 2.CDPHE Restrictive Notice Page 32 RESOLUTION 48-21 APPROVING THE NOTICE OF ENVIRONMENTAL USE RESTRICTION WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WHEREAS, the Town Board wishes to execute the Notice of Environmental Use Restriction referenced in the title of this resolution for the purpose of fulfilling state law in the reburial of solid waste within the closed landfill on Elm Road. 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 notice referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 33 1 This property is subject to a Notice of Environmental Use Restrictions held by the Colorado Department of Public Health and Environment pursuant to section 25-15-321.5, Colorado Revised Statutes NOTICE OF ENVIRONMENTAL USE RESTRICTIONS WHEREAS, the Town of Estes Park (“Town”) is the owner of certain property formerly referred to as the Elm Road Landfill, 640 Elm Road, Estes Park, Colorado, 80517, more particularly described in Attachment A, attached hereto and incorporated herein by reference as though fully set forth (hereinafter, the “Property”); WHEREAS, the Colorado Department of Public Health and the Environment (“the Department”), which is located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, is authorized to approve Notices of Environmental Use Restrictions (a/k/a “Restrictive Notices”) pursuant to § 25-15-320(4)(a) Colorado Hazardous Waste Act, § 25-15-101, et seq., C.R.S.; and WHEREAS, for purposes of indexing in the County Clerk and Recorder’s office Grantor- Grantee index only, the Town of Estes Park shall be considered the Grantor, and the Colorado Department of Public Health and Environment shall be considered the Grantee. Nothing in the preceding sentence shall be construed to create or transfer any right, title or interest in the Property; and WHEREAS, the Property is the site of a closed solid waste landfill; and WHEREAS the Property and the Town are subject to the section 30-20-113, C.R.S. of the Colorado Solid Wastes Disposal Sites and Facilities Act (“the Act”) sections 30-20-100.5 to 123, C.R.S., and its implementing regulations, 6 CCR 1007-2 (“the Regulations”); and WHEREAS, the Town reburied solid waste at a portion of the land within the Property, referred to herein as the “Subject Property,” more particularly described in Attachment B, attached hereto and incorporated herein by reference as though fully set forth. WHEREAS, the purpose of this Restrictive Notice is to ensure protection of human health and the environment by maintaining the landfill cover over the reburied waste at the Subject Property; and WHEREAS, the Town has requested that the Department “approve” this Restrictive Notice as provided in Article 15 of Title 25, Colorado Revised Statutes; NOW, THEREFORE, the Department approves this Restrictive Notice pursuant to § 25- 15-321.5, C.R.S. The Property described in Attachment A shall hereinafter be subject to the following requirements set forth in paragraphs 1 through 13 below, which shall be binding on the Town and all persons now or subsequently having any right, title or interest in the Property, or any part thereof, and any persons using the land, as described herein. As used in this Restrictive Attachment 2 Page 34 2 Notice, the term OWNER means the then current record owner of the Property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the Property or placement of encumbrances on the Property, other than by the exercise of eminent domain. 1) Activity restrictions. a. No excavation, drilling, grading, digging, tilling or any other soil disturbing activity is permitted on the Subject Property unless conducted in accordance with a remedial decision document or environmental sampling plan that has been approved by the Department. b. Use of groundwater on the Subject Property for a public water system, nonpublic individual or private water source, or domestic use is prohibited. “Domestic use” means household or family use, including, but not limited to: drinking, bathing, and gardening. c. Construction or maintenance of any standing body of water on the Subject Property, including any pond or storm water retention basin, is prohibited. d. Irrigation of the landfill cover on the Subject Property is prohibited, except as approved by the Department in a remedial decision document. e. General maintenance of the landfill cover on the Subject Property to prevent erosion and settling is required. 2) Modifications. This Restrictive Notice shall remain in full force and effect unless modified or terminated in accordance with this paragraph and pursuant to § 25-15-321.5, C.R.S. or any successor statute. OWNER may request that the Department approve a modification or termination of the Restrictive Notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The Department shall review any submitted information, and may request additional information. If the Department determines that the proposal to modify or terminate the Restrictive Notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of this Restrictive Notice shall be effective unless the Department has approved such modification or termination in writing. Information to support a request for modification or termination may include one or more of the following: a) a proposal to perform additional remedial work; b) new information regarding the risks posed by the residual contamination; c) information demonstrating that residual contamination has diminished; d) information demonstrating that an engineered feature or structure is no longer necessary; e) information demonstrating that the proposed modification would not adversely impact the remedy and is protective of human health and the environment; and f) other appropriate supporting information. Page 35 3 3) Conveyances. OWNER shall notify the Department at least fifteen (15) days prior to conveyance of any interest in any or all of the Property. Within thirty (30) days after any such conveyance, OWNER shall provide the Department with the name, mailing address and telephone number of the new OWNER. 4) Notice to Lessees. OWNER agrees to incorporate either in full or by reference the restrictions of this Restrictive Notice in any leases, licenses, or other instruments granting a right to use the Property. 5) Notification for proposed construction and land use. OWNER shall notify the Department simultaneously when submitting any application to a local government for a building permit or change in land use. 6) Inspections. The Department, including its authorized employees, agents, representatives and independent contractors, shall have the right of entry to the Property at reasonable times with prior notice for the purpose of determining compliance with the terms of this Restrictive Notice. 7) Third Party Beneficiary. The OWNER of the Property is a third party beneficiary with the right to enforce the provisions of this Restrictive Notice as provided in § 25-15-322, C.R.S. 8) No Liability. The Department does not acquire any liability under State law by virtue of approving this Restrictive Notice. 9) Enforcement. The Department may enforce the terms of this Restrictive Notice pursuant to § 25-15-322, C.R.S. against OWNER and may file suit in district court to enjoin actual or threatened violations of this Restrictive Notice. 10) Owner’s Compliance Certification. OWNER shall execute and return a certification form provided by the Department, on an annual basis, detailing OWNER’s compliance, and any lack of compliance, with the terms of this Restrictive Notice. 11) Severability. If any part of this Restrictive Notice shall be decreed to be invalid by any court of competent jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in full force and effect. 12) Notices. Any document or communication required under this Restrictive Notice shall be sent or directed to: Heather Barbare Hazardous Materials and Waste Management Division Colorado Department of Public Health and the Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 13) Subdivision of Property. Prior to any subdivision of the Property, OWNER shall submit a plan addressing payment of annual inspection fees and certification of compliance with the restrictions set forth in paragraph (10) of this Restrictive Notice at least ninety (90) days prior Page 36 4 to creating the subdivision. The Department shall approve the plan if it determines that the plan reasonably will ensure continued compliance with the requirements of this Restrictive Notice. Any Department notice of disapproval shall include the Department’s rationale for its decision, including any additional information or changes to the plan that the Department requires before the plan can be approved. Any appeal of a Department notice of disapproval shall be taken in accordance with section 25-15-305(2), C.R.S. If OWNER fails to obtain approval of such plan prior to subdividing the Property, the owner of each subdivided parcel shall continue to be responsible for paying a separate annual inspection fee and certifying compliance with the restrictions set forth in paragraph (1) of this Restrictive Notice. The Notice of Environmental Use Restrictions is approved by the Colorado Department of Public Health and Environment this day of ______ , 2021. By: Title: STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of _____, 2021 on behalf of the Colorado Department of Public Health and Environment. Notary Public Address My commission expires: Page 37 5 The Town of Estes Park has caused this instrument to be executed this day of , 2021. Town of Estes Park By: Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of _____, 2021 on behalf of the Town of Estes Park. Notary Public Address My commission expires: Page 38 6 ATTACHMENT A “Property” Description LOT 2, ELM ROAD 2ND ADD, EP Page 39 7 ATTACHMENT B “Subject Property” Description Page 40 JUNE 24, 2019 LEGAL DESCRIPTION FOR ELM ROAD LEACHATE MITIGATION AREA This Legal Description describes the perimeter of the area of refuse re-burial at the Elm Road Landfill in Estes Park as geodetically (GPS) surveyed on July 23, 2018 by Van Horn Engineering and Surveying. Said perimeter is shown graphically on the drawing titled, "Town of Estes Park Elm Road Leachate Mitigation" with Stewart Environmental Consultants LLC letterhead, dated 09-14-2018, stamped and signed on 9-14-2018 by PLS 26974, Lonnie Sheldon, for Van Horn Engineering and Surveying Inc. Referencing the "Town of Estes Park Base Station" (TOEP), whose Latitude, Longitude and Ellipsoid Height are shown in the Point Table below, and Beginning at the North most corner of the refuse re­ burial area also known as Point #7 with three local surveying monuments (as shown on said drawing) to bear: 1)RLS 6499 Brass Cap (SE 1/16 Corner) to Northeast: 2)CP6, #4 rebar with cap stamped, "Landfill": 3)CP7, #4 rebar with cap stamped, "View": N 48 °07'38" E, 678.97' N 22 °52'12" E, 204.86' N 69 °31'37" W, 54.00'; Thence continuing along said perimeter of the area of refuse re-burial S 38 °35'12" E 15.89' to Point #8; Thence continuing along said perimeter S 50 °03'42" W 197.43' to Point #14; Thence continuing along said perimeter N 20 °44'36" W 12.54' to Point #13; Thence continuing along said perimeter N 48 °51'57" E 193.72' to Point #7 and the Point of Beginning. Said area contains 2,706 square feet more or less. POINT TABLE Point #/Name TOEP 7 8 13 14 Latitude N40°21 '36. 73869" N40 °22'02.8898211 N40 °22'02.76717 II N40 °22'01.63035 II N40 °22'01.51455 II Longitude Ellipsoid Height W105 °31' 12.68999" 8882.06 W105 °32'22.39154" 7666.9 W105 °32 '22.26349 11 7662.8 W105 °32'24.2751011 7657.0 W105 °32'24.2176811 7654.9 Legal Description prepared by Van Horn Engineering and Surveying Inc. on 6-24-2019 Description Benchmark Refuse Corner Refuse Corner Refuse Corner Refuse Corner ATTACHMENT B-1 Page 41 Elm Road Leachate Mitigation Area Perimeter of the area of refuse re-burial. Legend 1 mi N➤➤N ATTACHMENT B-2 Page 42 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Captain Corey P. Pass Date: June 22, 2021 RE: Resolution 49-21: Approving a Memorandum of Understanding between the Estes Park Police Department, the Estes Valley Restorative Justice Partnership and the Larimer County District Attorney’s Office (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: The Town of Estes Park and the District Attorney’s Office desire to use, when appropriate, Estes Valley Restorative Justice Partnership services, managed by the Estes Park Police Department, when a juvenile or adult commits a crime in the Town of Estes Park or in the area designated as Area 6 of the Larimer County Sheriff’s Office (“Estes Valley”). All entities have been part of an official agreement amongst each other since before 2013. Present Situation: This is agreement is an update to an expired MOU amongst all listed agencies. This agreement covers the partnership between the Town of Estes Park (specifically, Estes Park Police Department), Estes Valley Restorative Justice Partnership (EVRJP), and the Larimer County District Attorney’s Office to allow for EVRJP to be used as the main point of diversion from LCDA for crimes that occur in the Estes Valley and to allow for direct referrals to come from Officers of the Estes Park Police Department and/or from the District Attorney’s office, when deemed appropriate. District Attorney, Gordon McLaughlin, has already signed this agreement. Proposal: To enter into this agreement. Advantages: All parties understand the difficulty for residents of the Estes Valley in reaching services available to the rest of the county. This program continues to create a strong partnership amongst all listed entities, but most important our community as a whole. Page 43 Disadvantages: No negatives at this time. Action Recommended: Staff recommends approval on the Consent Agenda. Finance/Resource Impact: The Town of Estes Park Police Department and the 501c3 of Estes Valley Restorative Justice Partnership budget funds annually to support the cost of this programming. Level of Public Interest Staff believes that this topic is of high interest to the members of the community. Sample Motion: I move for the approval of Resolution 49-21. Attachments: 1.Resolution 49-21 2.Agreement between the Estes Valley Restorative Justice Partnership, the Town of Estes Park and the Larimer County District Attorney’s Office. Page 44 RESOLUTION 49-21 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE ESTES PARK POLICE DEPARTMENT, THE ESTES VALLEY RESTORATIVE JUSTICE PARTNERSHIP AND THE LARIMER COUNTY DISTRICT ATTORNEY’S OFFICE WHEREAS, the Town Board wishes to enter a memorandum of understanding referenced in the title of this resolution for the purpose of enabling the use of Estes Valley Restorative Justice Partnership (EVRJP) services as the main point of diversion from the District Attorney for crimes that occur in the Estes Valley. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 TOWN OF ESTES PARK ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 51 Page 52 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Ryan Barr, EI, Pavement Manager Greg Muhonen, PE, Public Works Director Date: June 22, 2021 RE: Resolution 50-21 Approving Contract Amendment #1 for Fall River Trail Construction for the Colorado Parks and Wildlife, Colorado the Beautiful Grant Agreement. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works (PW) seeks approval of an amendment to the grant agreement from the Department of Natural Resources, Colorado Parks and Wildlife (CPW) Colorado the Beautiful (CtB) grant program for the construction of a segment of the Fall River Trail. Present Situation: Adopted in 2016, the Estes Valley Master Trails Plan includes Fall River Trail as a top priority for construction. Public Works staff has been researching grant opportunities and submitting applications for this project. This grant was awarded for a segment of the trail located on Fish Hatchery Road between the Estes Park United Methodist Church auxiliary parking lot and private property driveway west of the intersection with Fall River Road. The completion of Fall River Trail will connect historic downtown Estes Park with Rocky Mountain National Park and all points in between including residences and businesses along Fall River Road and Fish Hatchery Road. This trail will provide safe, non- motorized access to the trails and campground in Rocky Mountain National Park. Public Works staff was planning on this one-year extension with the grant award from CPW. Proposal: Public Works staff proposes to construct a 10-foot wide, ADA accessible concrete trail that is approximately 375 feet along Fish Hatchery Road with these grant funds. The Page 53 proposed construction window for this project is fall of 2021. This grant agreement amendment extends the timeframe to complete construction and close out. Advantages: •This project constructs an important segment of our trail system for the benefit of our residents and visitors who desire to enjoy a healthy lifestyle through outdoor recreation and future non-motorized connectivity to RMNP and its trail system. •This project has received significant support including funds from the Estes Valley Recreation and Park District. •Traffic congestion and air pollution can be reduced as trail usage increases. Disadvantages: •A local match cost share is required; however, this has been included in the 2021 budget. •Trail maintenance funding will increase incrementally as the trail system expands; however, this will be budgeted in subsequent years. •Construction will cause some traffic disruption; however, construction will be limited to Fish Hatchery Road which is a low-volume local road. Action Recommended: Public Works staff recommends approval of this contract amendment. Finance/Resource Impact: The total construction cost of this segment is estimated to be $472,818. The grant award is $363,706 and the local cost share requirement is 30 percent ($109,112). The required cost share will be supported by funds from the Town’s 1A sales tax for trail expansion ($50k), contributions from the Estes Valley Recreation and Park District ($50k), and Larimer County Department of Natural Resources ($10k). Level of Public Interest Public interest is anticipated to be moderate. Sample Motion: I move to approve Resolution 50-21. Attachments: 1.Resolution 50-21 2.Contract Amendment #1 Page 54 RESOLUTION 50-21 APPROVING CONTRACT AMENDMENT #1 FOR THE COLORADO PARKS AND WILDLIFE, COLORADO THE BEAUTIFUL GRANT AGREEMENT FOR FALL RIVER TRAIL CONSTRUCTION WHEREAS, the Town desires to amend the contract referenced in the title of this resolution to extend the contract expiration date by one year. 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 contract amendment 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 55 CTGG1 PMAA 2020*2746 20-TRLG-149486 Amendment #1 CMS 169296 Page 1 of 3 CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency Department of Natural Resources Colorado Parks and Wildlife 6060 Broadway, Denver, Colorado 80216 Original Contract CMS Number 20-TRLG-149486 Contractor Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, Colorado 80517 Amendment Contract CMS Number Amendment #1 CMS 169296 Current Contract Maximum Amount (after amendment approved) Entire contract term for all applicable fiscal years: $363,706.00 Contract Performance Beginning Date April 21, 2020 Current Contract Expiration Date June 30, 2022 Attachment 2 Page 56 CTGG1 PMAA 2020*2746 20-TRLG-149486 Amendment #1 CMS 169296 Page 2 of 3 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to bind the Party authorizing such signature. CONTRACTOR Town of Estes Park ______________________________________________ Signature ________________________________________ Printed Name ________________________________________ Signatory’s Title Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Natural Resources Dan Gibbs, Executive Director Colorado Parks and Wildlife ______________________________________________ Signature ________________________________________ Printed Name ________________________________________ Signatory’s Title Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ______________________________________________ Signature _________________________________ ______________________________________ Printed Name ________________________________________ Signatory’s Title Amendment Effective Date: _________________________ Page 57 CTGG1 PMAA 2020*2746 20-TRLG-149486 Amendment #1 CMS 169296 Page 3 of 3 1. PARTIES This Amendment (the “Amendment”) to the Original Contract shown on the Signature and Cover Page for this Amendment (the “Contract”) is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract. 4. PURPOSE The Parties entered into the Contract is to develop the Fall River Trail. The purpose of this Amendment #1 is to extend the duration of the Contract as described in §5. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The initial Contract expiration date shown on the Original Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Contract Expiration Date shown on the Signature and Cover Page for this Amendment. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Page 58 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, Public Works Director Date: June 22, 2021 RE: Resolution 51-21 Approving an Intergovernmental Agreement for 2021 Elkstang Bustang Service with CDOT. (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 an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for 2021 Elkstang Bustang service. Present Situation: Bustang is CDOT’s Interregional Express bus service that connects commuters along the I-25 Front Range and I-70 Mountain Corridors. By linking major local transit systems together, Bustang responds to demand from the traveling public to have a reliable transit alternative along the highest traveled corridors in the state.1 In 2019, the Town, CDOT and Rocky Mountain National Park (RMNP) partnered to pilot “Elkstang Bustang” service on six summer weekends (Saturday and Sunday only, August 24 through September 28). The pilot was developed to help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. The pilot also supported CDOT’s goals to improve safety, mobility, access, and rural connectivity to transit services. The 2019 pilot was well-received and the partnering agencies were working on a plan to expand service in summer 2020. The COVID-19 pandemic put these plans on hold, however conversations resumed in early 2021 and expanded to include the Town of Lyons and Boulder County. 1 Source: RideBustang.com Page 59 Proposal: Staff propose that the Town Board approve the proposed IGA with CDOT for 2021 Elkstang Bustang Service and accept the following Local Agency Commitments (some highlights are summarized briefly here with a full summary included in the attached IGA on Pgs. 3-4): •Provide permission and a dedicated location for Elkstang to drop off and pick up its passengers at the Estes Park Visitors Center; •Provide for daily Elkstang bus storage on service dates. •Market the 2021 Elkstang commuter services for destination ridership and for reverse ridership; •Create a link to CDOT's Elkstang commuter services on the Town of Estes Park's website; and •Continue public operations of the Estes Transit Free Shuttle (Estes Transit) on weekend days and the national Labor Day holiday from August 24, 2021 through September 29, 2021. Elkstang Bustang will operate on Saturdays, Sundays and national holidays (including July 4, observed on July 5 and Labor Day, observed on September 6) beginning on Saturday, July 3, 2021 and will conclude service on Sunday, October 3, 2021. Service will include two round trips each day of operation, one originating from Denver Union Station and the other from the US 36 and Sheridan Station, each to Estes Park and back. A roundtrip ticket will cost $10.00 per passenger. Advantages: •Help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. •Provide an affordable transportation option connecting Estes Park to the Front Range, Denver Metro and Denver International Airport. •Demonstrates the Town’s commitment to continued and expanded partnership with CDOT and regional partners like Boulder County and the Town of Lyons. Disadvantages: •The Elkstang Bustang vehicles will occupy parking spaces at the Visitor Center that otherwise would be available to Estes Park guests during the busy summer weekends. Action Recommended: Staff recommends Town Board approval of Resolution 51-21 Approving an Intergovernmental Agreement with CDOT for 2021 Elkstang Bustang Service. Finance/Resource Impact: Additional weekend visitors to Estes typically are expected to bring additional sales to Estes Park businesses. No local funds are paid for this service, and there is no adverse financial impact to the Town’s adopted 2021 budget. CDOT intends to pay for Elkstang Page 60 Bustang services with fare-box revenue (ticket sales) and state funds through SB 09- 108 (FASTER). CDOT has made a request of both the Town and Boulder County for financial support of the program going forward and staff plan to bring a request to the Town Board in the form of a service proposal as part of the 2022 budget process. Level of Public Interest The level of public interest is moderate. The Elkstang Bustang pilot in 2019 was well- received by the community. The likely return of Bustang was mentioned during the outreach for seasonal paid parking in Spring 2021 and received a very positive response from those in attendance. The Transportation Advisory Board has also received briefings about the likely return of the Elkstang Bustang in 2021 at their regular monthly meetings. Sample Motion: I move for the approval/denial of Resolution 51-21. Attachments: 1.Resolution 51-21 2.IGA with CDOT for 2021 Elkstang Bustang Service Page 61 RESOLUTION 51-21 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO DEPARTMENT OF TRANSPORATION FOR 2021 ELKSTANG BUSTANG SERVICE WHEREAS, the Town Board desires to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of allowing CDOT’s operation of 2021 Elkstang Bustang service; and WHEREAS, CDOT will operate Elkstang commuter services for two round trips each day of operation, one originating from the Denver Union Station in downtown Denver, CO, and the other from the US 36 and Sheridan Station, each to Estes Park, CO, and back; and WHEREAS, CDOT will provide funding for all aspects of Elkstang Bustang service; and WHEREAS, the Town desires to support CDOT’s stated goals to improve safety, mobility, access, and rural connectivity to transit services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 62 (Operations) 21-HTR-XC-00084 HQ DIVISION OF TRANSIT AND RAIL–vjm OLA # 331002442 2021 ELKSTANG BUSTANG SERVICE INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made this ___ day of ________________ 2021, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION (“State” or “CDOT”), and the TOWN OF ESTES PARK (“Town” or “Local Agency”), 170 MacGregor Avenue, Estes Park, CO 80517, CDOT Vendor #: 2000036. The State and Local Agency shall be each be referred to as a “Party”, and collectively as “Parties”. This Agreement shall not be effective or enforceable until it is approved and signed by the Governor or his designee (“Effective Date”). RECITALS 1.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 2.The Town and Rocky Mountain National Park, and neighboring highways US 34, US 36, and SH 7, experience intense traffic and parking congestion in late summer and early fall annually. 3.CDOT has goals to improve safety, mobility, access, and rural connectivity to transit services. 4.The Town has goals to decrease parking needs, increase visitation, and improve transportation choices to access the community. 5.The Parties desire to enter into this Agreement to delineate each one’s responsibilities for operation of a project to provide limited transit commuter services from Denver Union Station and from US 36 and Sheridan Station to the Town and back during peak late summer and early fall congestion days. For the purposes of this Agreement this commuter transit service will be named “Elkstang”, and is further detailed in Exhibit A; 6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1106, 43-2-103, 43-2-104, and 43-2-144 CRS, as amended, to enter into this Agreement with the Local Agency as hereinafter set forth; 7.The State and Local Agency have the resources to perform the Elkstang services as described in Exhibit A; Page 1 of 12 Attachment 2 Page 63 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work CDOT will operate Elkstang commuter services on Saturdays, Sundays and the national holidays on Independence Day (observed July 5, 2021), and Labor Day (observed September 6, 2021), from July 3, 2021 through October 3, 2021. During 2021, the days of operation will be July 3, 4 , 5, 10, 11, 17, 18, 24, 25, 31; August 1, 7, 8, 14, 15, 21, 22, 28, 29; September 4, 5, 6, 11, 12, 18, 19, 25, 26; and October 2, 3 for a total of thirty (30) days of commuter transit service in 2021. CDOT reserves the right to add or reduce service days as business and public health require. CDOT will operate Elkstang commuter services for two round trips each day of operation, one originating from the Denver Union Station in downtown Denver, CO, and the other from the US 36 and Sheridan Station, each to Estes Park, CO, and back. CDOT intends to pay for Elkstang Services with both fare-box revenue (ticket sales) and state funds through Senate Bill 09-108 funds (annual FASTER funds). The estimated cost of operations and maintenance expenses to provide 30 days of Elkstang commuter services in 2021 is $116,760.00. The maximum fare-box revenue estimated to be collected for Elkstang commuter services in 2021 is $25,000.00. CDOT will be responsible for selling tickets and collecting fares for riders on the Elktang transit project. This fare-box revenue will remain in the possession of CDOT and be utilized to offset the cost of the project. The purpose of the Elkstang project is to: a.Increase transit options between the Denver metro area and the Town of Estes Park for residents, tourists and employees; b.Connect Elkstang to two local transit routes in the Town of Estes Park: (a) the Estes Park Free Shuttle, and (b) the Rocky Mountain National Park Hiker Shuttle Express Route; c.Connect Elkstang to RTD's services at the multi-modal Denver Union Station, the US 36 and Sheridan Station, the US 36 and Table Mesa Station, 5170 Table Mesa Dr., Boulder, and the Lyons Park & Ride at 4th Ave & Railroad Ave., Lyons, CO; d.Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to and from Estes Park; e.Improve safety by reducing the number of passenger vehicles on US 24, US 36, SH7 and local roads; f.Decrease passenger vehicle emissions; g.Decrease number of vehicles needing to park within the Town of Estes Park; h.Provide for increased visitation to the Town of Estes Park; and i.Provide for economic development. Section 2. CDOT Commitments CDOT, at its own expense, shall be responsible for performing the following: Page 2 of 12 Page 64 For each scheduled round-trip service, CDOT will provide a transit coach bus for 51 passengers (or 21 passengers as COVID pandemic processes may require) and up to 4 bicycles. Passengers may reserve a space on the bicycle carrier. Each bus can hold two bicycles on the front of the bus and another two in the under-coach storage area. The bus is wheelchair accessible. The vehicle will provide free Wi-Fi and an onboard rest room. CDOT will provide a driver through a contract with Ace Express LLC. CDOT will operate Elkstang commuter services for two round trips each day of operation, one originating from the Denver Union Station in downtown Denver, and the other from US 36 and Sheridan Station. A round trip ticket will cost each passenger $10.00. CDOT has an existing access agreement with the Regional Transportation District (RTD). RTD has provided permission for Elkstang commuter services to use Gate B4 at Denver Union Station. RTD has provided permission for the Elkstang commuter service to use Gate C at the US 36 and Sheridan Station for eastbound trips and Gate D at the US 36 and Sheridan Station for westbound trips, Gate B at the Table Mesa Station at US 36 & Table Mesa Drive, Boulder, CO for westbound Elkstang commuter services, Gate A at the US 36 & Table Mesa Station for eastbound Elkstang commuter services, and the Lyons Park & Ride at 4th Ave & Railroad Ave., Lyons, CO. The Elkstang transit services shall arrive at the Town of Estes Park Visitor's Center located at 500 Big Thompson Avenue, Estes Park, CO. CDOT shall also: Provide Elkstang bus and driver operations; Create digital ticketing through a Bustang mobile / s mart phone application and through a CDOT Bustang website; Implement public communications and marketing strategies on CDOT's website, Linked In, Facebook and Twitter accounts; As part of the communications, CDOT will host a "kick-off'' event for Elkstang transit services; Create Elkstang signs for installation by RTD at Denver Union Station, US 36 and Sheridan Station, US 36 and Table Mesa Station, and the Town of Estes Park Visitors Center; and Track Elkstang ridership data and report it to the Town of Estes Park, RTD, and the Colorado Transportation Commission. CDOT will contract with ACE Express, LCC to operate Elkstang transit services. ACE Express, LCC will provide insurance and will name CDOT, RTD, and the Town of Estes Park as additional insureds. Section 3. Local Agency Commitments The Local Agency, at its own expense, shall be responsible for the following: Provide permission and a dedicated location for Elkstang to drop off and pick up its passengers at the Estes Park Visitors Center; Provide for driver and passenger use of restroom facilities at the Estes Park Visitors Center; Provide for daily Elkstang bus storage at the Estes Park Visitor Center's Parking Garage on the days of the CDOT-provided Elkstang commuter services in 2021; Page 3 of 12 Page 65 Market the 2021 Elkstang commuter services for destination ridership and for reverse ridership; Create a link to CDOT's Elkstang commuter services on the Town of Estes Park's website; Continue public operations of the Estes Transit Free Shuttle on weekend days and the national Labor Day holiday from August 24, 2021 through September 29, 2021; Install Elkstang signs at the Estes Park Visitors Center advertising CDOT's Elkstang commuter services and the locations of the Estes Park Visitor Center's gates for Elkstang access prior to the 2021 Elkstang transit program and continuing through the duration thereof; Provide Bustang passenger parking at the Estes Park Visitor Center Parking Garage, and post the 2021 Elkstang transit service bus schedule information at the Estes Park Visitors Center prior to the 2021 Elkstang transit program and continuing through the duration thereof. Section 4. Term and Termination Provisions This Agreement shall be in effect only after it is executed by both Parties. The Agreement will remain in effect until December 31, 2021, or until this Agreement is terminated in accordance with the requirements of this Section 4 and both Parties agree to terminate, whichever is sooner. Termination for Cause. If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or if either Party shall violate any of the covenants, agreements, or stipulations of this Agreement, either Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate and giving at least three (3) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Section 5. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Agreement. Section 6. Representatives and Notice The State will provide liaison with the Local Agency through the State's Acting Director of the Division of Transit and Rail, CDOT HQ, 2829 West Howard Place, 4th Floor, Denver, Colorado 80204, (303) 757-9548, michael.timlin@state.co.us. Said Director will also be responsible for coordinating the State's activities under this Agreement. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Division of Transit and Rail and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. Page 4 of 12 Page 66 If to State: If to the Local Agency: Michael Timlin Vanessa Solesbee, Parking & Transit Mgr. Senior Mgr. Mobility Operations CDOT DTR Town of Estes Park Estes Park Visitor Center 2829 W. Howard Place P.O. Box 1200 Denver, CO 80204 Estes Park, CO 80517 (303) 757-9548 (970) 577-3957 michael.timlin@state.co.us vsolesbee@estes.org or: Kyle French Bus Operations Manager-Bustang CDOT DTR 2829 W. Howard Place Denver, CO 80204 (303)757-9647 Kyle.french@state.co.us Section 7. Successors Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Section 8. Governmental Immunity Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., CRS, as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of §24-10-101, et seq., CRS, as now or hereafter amended and the risk management statutes, §§24-30-1501, et seq., CRS, as now or hereafter amended. Section 9. Severability To the extent that this Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 10. Waiver The waiver of any breach of a term, provision, or requirement of this Agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 11. Modification and Amendment A.This Agreement is subject to such modifications as may be required by changes in federal Page 5 of 12 Page 67 or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. B. Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the Parties agree to change the provisions of this Agreement, the renegotiated terms shall not be effective until this Agreement is amended/modified accordingly in writing. Section 12. Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 13. Sub-Local Agencies The Local Agency may subcontract for any part of the performance required under this Agreement, subject to the Local Agency first obtaining approval from the State for any particular Sub-local Agency. The State understands that the Local Agency may intend to perform some or all of the services required under this Agreement through a Sub-local Agency. The Local Agency agrees not to assign rights or delegate duties under this Agreement [or subcontract any part of the performance required under the Agreement] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the Parties hereto and their respective successors and assigns. Section 14. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. Section 15. Third Party Beneficiaries Page 6 of 12 Page 68 Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 7 of 12 Page 69 SPECIAL PROVISIONS Section 16. The Special Provisions apply to all Agreements except where noted in italics A.STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C.GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D.INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E.COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G.PROHIBITED TERMS. Page 8 of 12 Page 70 Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H.SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J.VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30- 202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K.PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the Page 9 of 12 Page 71 United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract 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 Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L.PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Page 10 of 12 Page 72 THE PARTIES HERETO HAVE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT * Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. LOCAL AGENCY: STATE OF COLORADO: Jared S. Polis, GOVERNOR TOWN OF ESTES PARK SEE SIGNATURE PAGE IMMEDIATELY FOLLOWING ___________________________________ By: Stephen Harelson, P.E., Chief Engineer For Shoshana M. Lew, Executive Director, Colorado Department of Transportation Date: _______________________________ LOCAL AGENCY: (A Local Agency attestation, if required.) SEE SIGNATURE PAGE IMMEDIATELY FOLLOWING Page 11 of 12 Page 73 TOWN OF ESTES PARK: ___________________________________ ________________ Signature Date ___________________________________ _____________________________ Name Title State of ____________________ ) ) ss: County of __________________ ) The foregoing instrument was acknowledged before me by _______________________, as ____________________ of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this ______ day of ____________________, 2021. Witness my hand and official seal. _______________________________ Notary Public My commission expires: ____________________ . APPROVED AS TO FORM: ___________________________________ _______________ Town Attorney Date Page 12 of 12 Page 74 EXHIBIT A – SCOPE OF WORK CDOT will operate Elkstang commuter services on Saturdays, Sundays and the national holidays on Independence Day (observed July 5, 2021), and Labor Day (observed September 6, 2021), from July 3, 2021 through October 3, 2021. During 2021, the days of operation will be July 3, 4 , 5, 10, 11, 17, 18, 24, 25, 31; August 1, 7, 8, 14, 15, 21, 22, 28, 29; September 4, 5, 6, 11, 12, 18, 19, 25, 26; and October 2, 3 for a total of thirty (30)days of commuter transit service in 2021. CDOT reserves the right to add or reduce service days as business and public health require. CDOT will operate Elkstang commuter services for two round trips each day of operation or iginating from the Denver Union Station in downtown Denver, CO to Estes Park, CO, and back. CDOT intends to pay for Elkstang Services with both fare-box revenue (ticket sales) and state funds through Senate Bill 09-108 funds (annual FASTER funds). The estimated cost of operations and maintenance expenses to provide 30 days of Elkstang commuter services in 2021 is $116,760.00. The maximum fare-box revenue estimated to be collected for Elkstang commuter services in 2021 is $25,000.00. CDOT will be responsible for selling tickets and collecting fares for riders on the Elktang transit project. This fare-box revenue will remain in the possession of CDOT and be utilized to offset the cost of the project. The purpose of the Elkstang project is to: A.Increase transit options between Denver and the Town of Estes Park for residents, tourists and employees; B.Connect Elkstang to two local transit routes in the Town of Estes Park: (a) the Estes Park Free Shuttle, and (b) the Rocky Mountain National Park Hiker Shuttle Express Route; C.Connect Elkstang to RTD's services at the multi-modal Denver Union Station at the US 36 and Sheridan Blvd. Park and Ride, RTD Table Mesa Park & Ride, 5170 Table Mesa Dr., Boulder; D.Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to and from Estes Park; E.Improve safety by reducing the number of passenger vehicles on US 24, US 36, SH 7 and local roads; F.Decrease passenger vehicle emissions; G.Decrease number of vehicles needing to park within the Town of Estes Park; H.Provide for increased visitation to the Town of Estes Park; and I.Provide for economic development. CDOT, at its own expense, shall be responsible for performing the following: For each scheduled round-trip service, CDOT will provide a transit coach bus for 51 passengers (or 21 passengers as COVID Pandemic processes may require) and up to 4 bicycles. Passengers may reserve a space on the bicycle carrier. Each bus can hold two bicycles on the front of the bus and another two in the under-coach storage area. The bus is wheelchair accessible. The vehicle will provide free Wi-Fi and an onboard rest room. Exhibit A - Page 1 of 7 Page 75 CDOT will provide a driver through a contract with Ace Express LLC. CDOT will operate Elkstang commuter services for two round trips each day of operation originating from the Denver Union Station in downtown Denver.,A round trip ticket will cost each passenger $10.00. CDOT has an existing access agreement with the Regional Transportation District (RTD). RTD has provided permission for Elkstang commuter services to use Gate B4 at Denver Union Station. RTD has provided permission for Elkstang commuter services to use Gate C at the US 36 and Sheridan Station for eastbound trips and Gate D at the US 36 and Sheridan Station for for westbound trips, Gate B at the US 36 & Table Mesa Station, at US 36 and Table Mesa Drive, Boulder, CO for westbound trips and Gate A at the US 36 & Table Mesa Station for eastbound trips, and the Lyons Park & Ride at 4th Ave & Railroad Avenue, Lyons, CO. The transit service shall arrive at the Town of Estes Park Visitor's Center located at 500 Big Thompson Avenue, Estes Park, CO. CDOT shall also: Provide Elkstang bus and driver operations; Create digital ticketing through a Bustang mobile / s mart phone application and through a CDOT Bustang website; Implement public communications and marketing strategies on CDOT's website, Linked In, Facebook and Twitter accounts; As part of the communications, CDOT will host a "kick-off'' event for Elkstang transit services; Create Elkstang signs for installation by RTD at Denver Union Station, US 36 and Sheridan Station, US 36 and Table Mesa Station, and the Town of Estes Park Visitors Center; and Track Elkstang ridership data and report it to the Town of Estes Park, RTD, and the Colorado Transportation Commission. CDOT will contract with ACE Express, LCC to operate Elkstang transit services. ACE Express, LCC will provide insurance and will name CDOT, RTD, and the Town of Estes Park as additional insureds. The Local Agency, at its own expense, shall be responsible for the following: Provide permission and a dedicated location for Elkstang to drop off and pick up its passengers at the Estes Park Visitors Center; Provide for driver and passenger use of restroom facilities at the Estes Park Visitors Center; Provide for daily Elkstang bus storage at the Estes Park Visitor Center Parking Garage on the days of the CDOT-provided Elkstang commuter services in 2021; Market the 2021 Elkstang commuter services for destination ridership and for reverse ridership; Create a link to CDOT's Elkstang commuter services on the Town of Estes Park's website; Continue public operations of the Estes Transit Free Shuttle on weekend days and the national Labor Day holiday from August 24, 2021 through September 29, 2021; Exhibit A - Page 2 of 7 Page 76 Install Elkstang signs at the Estes Park Visitors Center advertising CDOT's Elkstang commuter services and the locations of the Estes Park Visitor Center's gates for Elkstang access prior to the 2021 Elkstang transit program and continuing through the duration th ereof; Provide Bustang passenger parking at the Estes Park Visitor Center Parking Garage; and Post the 2021 Elkstang transit service bus schedule information at the Estes Park Visitors Center prior to the 2021 Elkstang transit program and continuing through the duration thereof. Exhibit A - Page 3 of 7 Page 77 Exhibit A - Page 4 of 7Page 78 Exhibit A - Page 5 of 7Page 79 Exhibit A – Page 6 of 7 Elkstang 2021 US 36 and Table Mesa Station Green = westbound, Blue = eastbound Page 80 Lyons Park and Ride depicted by white dot at 4th Avenue and Broadway Exhibit A - Page 7 of 7 Page 81       Page 82 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg Parks Supervisor Date: June 22, 2021 RE: Art in Public Places (AIPP) Approval of Women’s Monument Project (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain approval of AIPP Application for Women’s Monument Project which entails multiple bronze sculpture being constructed and donated for installation in Children’s Park. Landscaping will also be incorporated in collaboration with Parks Supervisor Berg. Present Situation: The Parks Advisory Board received an AIPP application in May 2021 for the Women’s Monument Project, and approved the application. Staff also supports this application. The application is now pending approval from the Town Board. Proposal: Please see attached AIPP application and artist proposal. Advantages: Provide the community with bronze sculptures commemorating women’s contributions throughout the Town’s rich history. Disadvantages: Three picnic tables will need to be removed to allow for the sculptures and new landscaping. Action Recommended: Town Board approval of application. Finance/Resource Impact: Current Impact: 101-5200-452.25-01 General Fund, Maintenance Contracts, $1,250 expenditure, $31,786 available funding. Page 83 Future Impacts: The current impact will recur annually and be reflected in the future annual budgets. Level of Public Interest Public interest is low. Sample Motion: I move for the approval/denial of the AIPP Application for the Women’s Monument. Attachments: 1. AIPP Application Page 84 TOWN OF ESTES PARK PARKS ADVISORY BOARD ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Parks Advisory Board, and the PAB reserves the right to move or remove the piece from the permanent collection if that becomes necessary in the future. Please attach photographs or detailed drawings of the artwork to this form. Please also attach documentation authenticating the purchase price or appraised value. GENERAL INFORMATION Donor name (Individual/Organization/Business):_ Estes Park Women's Monument Project_ Contact person (If different from above): ____ Ron Wilcocks __ _ Mailing Address: _____ P.O Box 2317, Estes Park CO 80517 __ Phone number & e-mail address: ___ 970-577-0021, rwilc@beyondbb.com __ INFORMATION ABOUT THE ARTWORK Title of the artwork: ___ Estes Park Women's Monument __ Name of the artist: Jane DeDecker ------------ Mailing address of artist: _1503 W. 8th Street, Loveland CO 80537 __ _ Media or materials used or to be used in artwork: bronze and stone ------- Proposed Location of Artwork: It will be located on the piece of land owned by the Town for this project that is along the Riverwalk East of the Children's Playground. Special Instructions (if any): Town will follow Artist instructions for ongoing care and maintenance When is the artwork available for installation?: It is planned on being installed in late Summer of 2021 Year completed: _2021 __ _ Purchase price: $100,000 __ _ Current value: _$100,000 __ _ Dimensions: _Covers entire portion of approved portion of Town land __ _ Weight: __ Several tons __ Long-term maintenance required: __ Yes, As specified by the Artist __ Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? YES Attachment 2 Page 85 If yes, please provide proposed budget amount: _Minimal -The Town will help artist with some basic landscaping, proper lighting from existing light poles, current site demolition and installing concrete bases up to the ground level for the 12 bronze sculptures __ The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agree1ment. The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): None Donor Signature & Date (Please print name after signature) <�/§ /)I GJ1�� 'K 0 �•l\x t. � '/, Ron Wilcocks, Chair -Estes Park Women's Monument project Date: l /r b / l f Return to: Town of Estes Park, Attn: Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, CO 80517 Page 86 Estes Park Women's Plaza a sculptural design by Jane DeDecker Page 87 Page 88 Jl'!P.c(lp,lc i;;ii.;i,i: or-1� phi;il� i,lu,'1 ;in ,1IH.la\l o:J n� �a p1ii�r llt li:!ml�. � .. � lilii'il:!i !!•!iiil!ii� ( ·• ;lf'ji1 da:iJJ!II 1-nt:� hi:r hu -M!!�! �4!!:. Eleanor Hondas and her fellow visionaries began the coalition of the Estes Park Woman's Club in 1912. These civic-minded individuals contributed their time, effort, and talents to many different projects throughout the Estes Park area. One of the important projects they took on was to raise the needed funds for the construction of the first library in Estes Park, which opened in 1916. Hondius and the Woman's Club raised $5,000 to build the original Estes Park Public Library, located in Bond Park. Hondius later generously donated her own money towards the addition to the library in 1935, which more than doubled the size of the library. "Eleanor was an enthusiastic contributor and champion of the library in her lifetime," said Kurtis Kelly, Communications Specialist for the Library. "One of our favorite historic photos shows Eleanor's son, Pieter Hondius, Jr., then a small boy, picking out stones for the construction of the first library building." Page 89 SCulptu ral clesc:ri ptio n Of Eleanor Hondiu:s Eleanor sire comfurtallly 011 stu rI e steps, tt1at replicate ttI e step�·�tone� that st1e and her �ur1 Fiete r t1el pee tu �let1 tor tt1e co mitru t1iu n ot ttie tir st Estes Fa� Library. She �hares lt1e worIders ot a "l(iUng girrs, E'dn� Mills, interest in le�rning atJout tt1e nl�llY Wil_crnowers ot _lt1e ROt'k.\l I Muu11taIn regnm. Edna Is in !:!We ut ttIe selt dIswvery o·�tt1e rn0L ntairI 7 ora u � ing a lleaL �tul cul ortu I editimI ut a ct1i Id's tJutan11 lower oouk.j Tt1e revel atIons ttIat t'an be tounc 1� IttIIn tt1e' pages ut � ook are alway� rnure rrrrmra:ile \Teri st1ared rttl I:! 'riendl I I Eleanor stmws t1e1 sensible sen� ut �tyle i11 her t'tmit-e ut cluthirig ltlal !:illuws it 'Nornan tu get uut tt1ere and explure tt1e wunder:i ot ttlis arek A pt1otog rapt1 tou mJ i r"1 the stmw� 'El earIur tlressed in a cuintortable walking skirt a119 t1iKmg tJuo:ts re!:!dy tu �iscuver sonie ne'N trail�[anc bre!:!the irl tne tresh rnoL ntai rI air tt1at aboun tis i rI 1he Rut'Ky Mou nt�i rI area Ill at i� tierhot I I I I I Tt1e natu r!:il stune �e :)S wt1e re E leanur rests elevates tt1I s be lovec E ste� Fl:irK re�iaent tu e11� level and ir:1vite� tt1e vi�wer in tu cuine and JuirI I Edna and t1ersel' In taking in ttIe be�Lty ut Estes Pa,k., 1he stune step� pruviue· a place tu1 visiturs to gather �11d linger tur I:! tJit. ·111e plaza alsu all O'i\'S �i si turs tu t��e their U'Nn :rne rnu rallle p hotograµt1� ut thei I I personal experience� 1r1 vIsItIng the Esles Fa� area wI1t1 sorne ult1er tt1e nutatJIe·wmne11 ot Estes Pa,k., Page 90 Eleanor E. Hondius 1880-1968 ~Business owner, Civic Leader, Conservationist, Environmentalist~ Eleanor and her husband Pieter ran a successful hotel/lodge, Elkhorn Lodge in Estes Park, CO. As a lodge owner she used her unique ability to draw people in to this area to enjoy exploring the beauty of the Estes Park and the Rocky Mountains. Part of the legacy of Eleanor Hondius is the trail named after her that goes up past Elkhorn Lodge to Deer Mountain inside the Rocky Mountain National Park. Eleanor helped to fund and build many different hiking paths and trails in the area. Through her love of hiking Eleanor supported and inspired the conservation efforts in the Rocky Mountain region. Eleanor and the Estes Park Women's Club helped fund and construct the Estes Park Public Library in 1916. Page 91 Page 92 Edna Mills 1919-2009 ~Educator, Naturalist, Civic and Social Activist~ Enda Mills was born April 27, 1919 at Longs Peak, Colorado. Her parents were Enos and Esther Mills. She attended Cheyenne Mountain School in Colorado Springs and Estes Park schools, She was on the girl's basketball team, graduating in 1937, in a class of 13 students. She went on to Colorado Women's College, Colorado University, where she was on the ski team. Enda had been politically, socially, environmentally and spiritually active throughout her long life. She loved horses, flying, music, laughter, nature, the desert, and her home in Estes Park, Colorado. Page 93 Page 94 Edna Mills 1919-2009 ~Educator, Naturalist, Civic and Social Activist~ Enda Mills was born April 27, 1919 at Longs Peak, Colorado. Her parents were Enos and Esther Mills. She attended Cheyenne Mountain School in Colorado Springs and Estes Park schools, where she was on the girl's basketball team, graduating in 1937, in a class of 13 students. She went on to Colorado Women's College, Colorado University, where she was on the ski team. Enda had been politically, socially, environmentally and spiritually active throughout her long life. She loved horses, flying, music, laughter, nature and the desert and her home in Estes Park, Colorado. Sculptural description of Edna Mills Edna Mills like Eleanor Hondius was raised in the Estes Park/ Rocky Mountain region. In the biography of Edna Mills, A Baby's Life in the Rocky Mountains written by a family member, Esther Burnell Mills, describes how this colorful character grew up to love this beautiful area and from a young girl absorbed, explored, and thrived in its rich bounty. The many photographs of Edna show a young girl definitely in her element within these mountains. The youthful six to eight year old Edna in this sculpture shares her exuberance and love of self discovery with her friend and mentor Eleanor Hondius. Edna like Eleanor is dressed in comfortable clothing that would allow her to explore the Rocky Mountains. The clothing she wears; a pair of knickers with knee high socks and a pair of hiking boots, are reminiscent of the clothing worn in the photograph of young Edna standing at the top of Long's Peak. The treasured book that Edna shares with Eleanor hints to the viewer the importance of the establishment of a library in this area. The Estes Park Women's Club worked diligently to make sure that the library became a reality. Edna's book is open to a colorful illustration of a native mountain flower and invites the viewer to discover with her the beauty found within the Rocky Mountains. Page 95 The Site Landscape Concept by Jane DeDecker Landscape / Plaza I have designed the Estes Park Women's Plaza to have two entrances that are joined by a natural stone path reminiscent of the many trails that the Estes Park Women's Club helped to raise funds for and build. One of the entrances will be located on the backside of the stone steps where the life-size sculptures of Eleanor Hondius and Edna Mills will be permanently attached. This entrance will need to be added to the plaza which will connect the currently established pedestrian/bike path to the north-east side of the plaza. Visitors entering from this vantage point will walk onto a natural stone path/trail from the pedestrian/bike path through the plaza and be greeted by different vignettes and informational plaques of the selected women of Estes Park. A low natural stone bluff/planter will be created around the outside of the plaza. The planter will be created to help encircle this visiting area reminiscent of the open arms of hospitality that these ten selected women of Estes Park provided to the visitors of this area. The plaza will offer provide a gathering place for visitors to pause for a moment to enjoy the beauty of Estes Park. The planter will also allow visitors some separation from the parked cars to the west-side of the plaza. The bluff will not inhibit or block the view of the life­ size sculptures as the sculptures will be elevated on the stone steps -above the eye level of planters. The planters that encircle the plaza will also allow visitors a place to sit and rest absorbing the beauty of the area. The planters will provide an opportunity for the addition of native plantings to help create a natural backdrop to the plaza. The natural stone path through the plaza will lead through to the west-entrance which is located off the currently established pedestrian walkway. Page 96 View from p-ark.1119 101 I I Page 97 View from playground Page 98 The Plaques concepts by Jane DeDecker These are sculptural plaques that are freestanding cast in bronze to be set and elevated in planters for a broader wholistic understanding of the women. The budget allows for 5 sculpted portraits and 6 cast freestanding plaques. The 5 sculpted plaques illustrated in following pages are concepts and it will up to the committee to make the ultimate decision on which women to portray. The other 6 plaques will feature the Colorado state bird the Lark Bunting and the State flower the Columbine. I have created a signature way to describe the accolades of each woman. This describes the women in a professional way . Name Date of birth Four gender neutral professions and accomplishments will be listed. Then listed are the gifts they brought to the community of Estes Park. Personal attributes that enriched the Valley or a significant quote, poem or recipe. Page 99 Page 100 11,l!rrn Pt'll�er �r•n te�cn me rree�om �.s rne-e�g•e-wn re n so�rs m rne .s y. r,:�rtn te�cn me-reg�ner�rron I ;;l8 me seeCI wnIcn rI$eS m me .spr ng i.� rrn 1e,<1cn me 1,y 1'1lrge1 myse1i -'.ls me11et;1 snow 1orgets 11s 111e1 11,� rrn re�c n me tci r�memtler �1 n(l ness �.s-(lry 11e-1C1s weep t�rrn r� 1n -ure Pt'll�er Earl Prayer I Earth teach me fr1edom I as the eagle which • I soars m the sky. I Earth teach me I . I regenerat1011 as the seed which I. . I I _ rises m the sprmg. Earth teach nie to l forget mysell as meUed s rlow forgets its li�e. arth teach me to I I remember • I kindness as dry held s eep wi\h rain.I - Ute Prayer Page 101 I Lo.:..J.i!i ... 1r.;1i:1CJ.i11.J IP1tfl.tf111'Pi.4 I ,:.i-::i. '."J�� � 1,ii:.:11� 11.:f' i.:1�· i.; n."t-'1tf"'-:nt1n L�:-�r'al'lo: . .:,;111: . . :Jl\"J�II� � �-�l:ll.jl 1.'I IUII�' r-:w�r9 \.'J• :w L'-l!T'.,111 �I -�1-11-'-!".rti. LIIJITl":,I l."'f"�•�� ,:..t i.:0·11,...•�y•X!i �\/'!II'. , ,,ru -':.l�i;:�· 1JrJ :1,-!".•:.,�·:.i1;1,-.u�:.1 r-!J·r.:;i 1i.:-r1v11r+ l�'\n� •m...,11'1 1.-tlM'"'Jl'l:I -,I) 1,,1: 111:­-:,i:ir ,:.ir,1Jr� w ra·�� 1·-.i:-·11;1:1 �:... U·�·1,11.'i'�ll;ll.i1\IL\P"'-'.'�,.''.l:-. I I (.l""-:1. r" � W :Jr,J�II� U �· 11;1!1'.:I !IW H�/1'1;!11 I!-f'.1.,..1,'/1-!1""} i.: I l�����:il����i;� -��� 'f' ''""''°'' \110 LS\'1 �o'i ;::m-,on� �IU�. 11',' OIUt r,,_rK.11.er.J lr�UtiJ11Jrr.,1.� l-dt P�l�'l"t"-f'Y, 14111,i I 1;411-L:;1 1-''tr� .-! 11'.I 111'4">l'°JI Flora Stanley Page 102 l!IIJSlnliiHiSWCJffliarl ... IAbnlill' anel AIMrt� b-pl".illg1J9., 1,l,IQ.l'lil Qtlliil ar 1ng.11rg lilill[[NIIN; Q1 l::FitlilSi t-'iin"K. I ti� CJIJllt ���ri!I r�llti!I Cll�ln!:I :t1nd fill la!] 110191 IOI" CJ'IGlrr11gM ;acccmmmc;at1oru .. , 111 :!!lddltlDn t.a n"rll r:t1ni:::111n11 n111!j AIIMln;a FiHl5 In tnliil 1101&11.Y mount:t:1111 H,"]"[ICJniiU t-'iiHI\ IJ/iZl5 11.illtDQ[I .inlQr AIDQl"tiiiil =:!!!iJlr:!!ll]U�, AlbertaSpra Lie 1li67-19:il ~Resbrt and i!totel I I owner, Rancher1 Busi ' ssworlian"' Abner and Allerta Sprag1ue, we.-b one of the0 flrst se\t1ers of �stes pJrk, I I They built several • I rental cabins and a lo� hotel lo r o'vernighl accoinmodat1ons1 in addition 1o'their I I ranching an<l sawm i II o pera't ions, AlberJa Falls L 1he Roe� Moun�ain • I National Park was I I named after Albeita Spr ... \iue, Page 103 Jean Wea\'e1 1"923-2017 �Atlveriturer, MO� ntain GlimtJe1. Flesea re lier, En\' i1b�me11talisi- Jean b;�an hi Kin� in ab1g way t:Jy cl1ml:ling Longs Peak. twe,.,,_e times and all thE 1 �,000 foot peaks in Rocky M OLI ntai n National I Parn I In 1 985, she won multiple awarcls1011 bellair of her '"mosl succe5sful, lon�Sl runnlng, recyclin-g program in CDlotado' Page 104 Josephine Hupp �Pioneer. 8-.IG.ineGGwom•n. Hotel Ovtn er, E.�e,. Park F'OGtm i&tl'KG--- Of al I cf Estes P�,K-ti p,onee, t:11.1G.ine-G&women nu11e w1;15, mQfl',; suoce&&f\11 tt1•n Jos.ep tiine (Josie) tt1.1pp, wno ci1.1rin� ne, lifetim1e"owneci en� mans9e<1 IOu r 01 EG,1eG F'S rk. -G <1owntown hotels "" pop1.11ar cste, anci Glill fOu nci ti me (t:ietwe "'� - l'!i07 • Hll4} tQ &;E!1v� 86 EG,1eE F'S rk. -G poG.1m1s1reG.s Page 105 Isabella Bird � 831-190� I I � Traveler, ExplorerAuthor, Activist-I I Isabella wrote ma11y I I travel booKs I _ _ I -describing her 11uinerous wbrldadventures. I . I A Lady's Ute !fl the Rocky Mountains published in 1878 brought many visitorsto explore Este� ParKand the majestic I Rockies.I · 1 navp found a dream of beauty at w111ch one-I might look all one·s lifend sigh.' Page 106 Olga Ortega �sinen Owne,, Civic �eidef, Mot11er I community Hgspiteility� Olga came lg E.�e$ Pa,rk in 1g51i•u; one or tne sec:ono Latino t•nimeie; to stay y�HO 1.1n(I eno �iie;e tier ,_mily in this 001ci've� c,omm1,.1nity I Olga and her husbe n� Ennq1.1e own tl'le ta mil'J run Mountain H01'11e Cate ,est�um11nt in E&tu; Perk OlgEI is alway3 willing to me Ile e Clitterence ro, trio� in neeci Page 107 Wendy Koenig 1955-pres ent --Olympian, Busines Owner, Civic Leader, Mayor� A two-time u.s_ Olympian, having run the 800 meters at me 1972 a�d 1876 I Games. Audiologist and owner of the community Hearing Center in Estes Park Page 108 Budget I wanted to include s in my budget since they are an integral part o the co---'E��.�o�n. So this proposal budget includes: teps 20,000.00 Eleanor sc ure 35,000.00 Edna ___..__ 10,000.00 5 portrait 5 @ 4,500.00 = 22,500.00 �flower a laques 6@2,100.00 = 12,600.00 100,100.00 could entertain the idea finding sandstones to place the Eleanor an Edna sculpture on instead of steps, inding more money to budget for remaining portrait plaques. Page 109 Page 110 Page 111       Page 112 . To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson Date: June 22, 2021 RE: Resolution 52-21 New Fermented Malt Beverage Off-Premise Liquor License Harts Gas and Food LLC dba Tiny Town Sinclair, 860 Moraine Avenue, Estes Park, CO Objective: Approval of a new Fermented Malt Beverage Off-Premise liquor license located at 860 Moraine Avenue, Estes Park, Colorado. Application filed by Harts Gas and Food LLC dba Tiny Town Sinclair. Present Situation: An application for a new Fermented Malt Beverage Off-Premise liquor license was accepted as complete by the Town Clerk’s office on May 21, 2021 for a concurrent review. 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. Proposal: To present the application for the Town Board’s review and consideration for a new Fermented Malt Beverage Off-Premise 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 sell alcohol to its patrons. Action Recommended: Approval of the application for a new Fermented Malt Beverage Off-Premise liquor license. Budget: The fee paid to the Town of Estes Park for a new Fermented Malt Beverage Off- Premise liquor license is $953. The fee covers the administrative costs related to Town Clerk’s Office Memo Page 113 processing the application and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Fermented Malt Beverage Off-Premise Liquor license is $503. Level of Public Interest Low Sample Motion: I move to approve/deny Resolution 52-21. (The Board must note reasons for denial of the liquor application). Attachments: 1.Resolution 52-21 2. Procedure for Hearing 3.Application 4.Diagram of Liquor Premises 5.Police Report Page 114 RESOLUTION 52-21 APPROVING A NEW FERMENTED MALT BEVERAGE OFF-PREMISE LIQUOR LICENSE APPLICATION FOR HARTS GAS AND FOOD LLC DBA TINY TOWN SINCLAIR WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 22, 2021 for a New Fermented Malt Beverage Off-Premise Liquor License, filed by Harts Gas and Food LLC dba Tiny Town Sinclair, 860 Moraine Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves the application for a new Fermented Malt Beverage Off-Premise Liquor License, filed by Harts Gas and Food LLC dba Tiny Town Sinclair, 860 Moraine Avenue, Estes Park, Colorado. DATED this day of TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 115 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 Hart Gas and Food LLC dba Tiny Town Sinclair for a new Fermented Malt Beverage Off- Premise Liquor License located at 860 Moraine 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 May 21, 2021.  At a meeting of the Board of Trustees on June 8, 2021, the public hearing was set for 7:00 p.m. on Tuesday, June 22, 2021.  The neighborhood boundaries for the purpose of this application and hearing were established to be 4.60 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability 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 June 11, 2021 .  The premises was posted on June 09, 2021. Attachment 2 Page 116 2  There is a police report with regard to the investigation of the property which was conducted in lieu of the applicants because the application contains no individuals owning 10% or more interest in the license.  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: Motion. I move for the approve/deny Resolution 52-21. (The Board must note reasons for denial of the liquor application) Page 117 DR 8403 (09/25/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Fermented Malt Beverage License Application D New License New-Concurrent D Transfer of Ownership •All answers must be printed in black ink or typewritten •Applicant must check the appropriate box(es) •Local license fee $ ____________ _•Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementl/iquor 1.Applicant is applying as a/an D Corporation D Individual D Partnership (includes Limited Liability and Husband and Wife Partnerships) 1flumited Liability Company D Association or Other FEIN i1 -03 i1Y 33 Business Telephone c l C -CY)lo • 7 {) 7 ZIP Code c;J;S J l ZIP Code '?SL-lUD·-:, Present Trade Name of Establishment (OBA) Present State License No. Present Class of License Present Expiration Date Section A Nonrefundable A llcatlon Fees Section B Fermented Malt Bevera e Beer License Fees D Application Fee for New License 'V\ ru: ,550.00 -l L'J , r/J Application Fee for New License - w/Concurrent Review , e:ee- D Retail Fermented Malt Beverage On-Premises (City) D Retail Fermented Malt Beverage On-Premises (County) S96.25 S117.50 D Application Fee for Transfer License Account Number S1,550.00 � Retail Fermented Malt Beverage Off-Premises (City) S96.25 D Retail Fermented Malt Beverage Off-Premises (County) S117.50 D Retail Fermented Malt Beverage On/Off-Premises (City) S96.25 D Retail Fermented Malt Beverage On/Off-Premises (County) S117.50 D Master File Location Fee ............. S25 .00 x ___ To __ _ D Master File Background ............... S250.00 x ___ Total ___ _ Questions? Visit www.colorado.gov/enforcemenllliquor for more information Do Not Write In This Space • For Department Of Revenue Use Only Liability Information Liability Date: License Issued Through: (Expiration Date) Total $ Attachment 3 Page 118 DR 8403 (09/25/19J Application Documents Checklist and Worksheet Instr uctions: This check list 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, Please Check all Appropriate Boxes Completed or Documents Submitted I.Applicant InformationW A. ApplicanULicensee identifiedq;I. B. State sales tax license number listed or applied for at time of application1$ C. License type or other transaction identifiedD D. Submit originals to local authorityD E. Additional information required by the local licensing authority 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 control (fences, walls, etc.)D C. Separate diagram for each floor (if multiple levels)D D. Bold/Outlined licensed premises Ill. Proof of Property Possession (One Year Needed) llk,A. Deed in name of the applicant ONLY (or) (matching question #2) date stamped/filed with County Clerk ITl B. Lease in the name of the applicant ONLY (matching question #2) D C. Lease Assignment in the name of the applicant (ONLY) with proper consent from the Landlord and acceptance by the applicant D D. Other agreement if not deed or lease IV.Background Information (DR 8404-1) and Financial DocumentsD A. Individual History Record(s) (Form DR 8404-1) Comp_lete D.f 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) tJ I 'rtD B. Fingerprints taken and submitted to the appropriate Local -�icensing Authority through an approved state vendor.Master File applicants submit results to the State. N I Vi The Vendors are as follows: ldentoGO -https:l/uenroll.identogo.com/Phone: (844) 539-5539 (toll-free) Iden toG O FAQs: https:llv1�w1. colorado. gov/p acificlcbilidentifica tion-faqs Colorado Fingerprinting -http://www.coloradofingerprinting.comAppointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabs/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. V.Sole Proprietor/Husband and Wife Partnership (if applicable)0 A. Form DR 4679D B. Copy of State Issued Driver's License or 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)l A.Copy of Articles of Organization B Certificate of Good Standing C.Copy of Operating Agreement (if applicable)D D. Certificate of Authorization if foreign LLC (out of state applicants only) 2 Page 119 DR 8403 (09/25/19) 7.Is 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 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 9.Has a Fermented Malt Beverage license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. 10.Is the proposed Retail Fermented Malt Beverage Off Premises license within 500 feet of any public or parochial school, the principal campus of any college, university, or seminary ? NOTE: The distances are to be computed using the methods outlined under C.R.S. 44-3-313(1)(d)(II). Some limited exceptions apply under C.R.S. 44-3-313. 11.Is the proposed Retail Fermented Malt Beverage Off Premises license, or On/Off premises license, within 500 feet of a Retail Liquor Store licensed under section 44-3-409 C.R.S.? Distance should be determined using guidelines outlined in 44-3-301(12)(c) C.R.S. Yes No □rifJ □fl) □ EQ □� □�I 0(¥:l □(]1" 12.Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or�i I\ l { r,manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of CA ifl0�J the business and list any current or former financial interest in said business including any loans to or from a licens ee. "jg □ 13.Does the applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease or other arrangement? �Ownership D Lease 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: □□ Landlord Tenant I Expires b. Is a percentage of alcohol sales included as compe nsation to the landlord? If yes complete question 12.□ ®. c. Attach a diagram or designate 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 ". 14.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 Last Name First Name Date of Birth FEIN or SSN Date of Birth FEIN or SSN Interest Interest 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. 15.Name of Manager(s) for all on premises applicants. Last Name _ " I First Nac,e ! DatP. of Birth/ 16.Does this manager act as the manager of, or have a financial interest in, any othtr lrquor licensed establishment in the · 'IJ._ -State of Colorado? If yes, provide name, type of license and account number.0 I.Al 17.Tax Information. 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 or any state or local taxes, penalties, or interest related to a business? b.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? 3 Yes No □q( □� Page 120 DocuSign Envelope ID: FOBC7570-F6BD-4BA8-9074-63103E6F7284 OR 8403 (09/25/19) If applicant Is a corporation, partnership, association or llmitr,d liabTiily company, applicant must list all Officers, Di�octors, General Paru:iers, and 18' Managing Members. In addition, applicant must fist any slocl<ho!dera, partners, or members with ownership of 10 Y. or more In theApphcanL All persons listed below must also attach form DR 8404-) (ln_dMdual H_istory R?cord), and make an appointment to be fingerprinted by an approved State Vendor through the Vendor's website. See appllcalton checkl1sl, Section IV, for detalls. Home Address, City & State . V\ ,J •· If applicant is owned 100% by a parent company, please list Iha designated principal officer on above. •· Corporations -the ?resident, 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: }1. Applicant affirms that no Individual other than these disclosed herein owns 10½ or more of the applicant and does not ha·,e financial Interest In a prohibited liquor license pursuant to Ar'Jcle 3 or 5, C.R.S. Oath of Applicant I declare under penalty of perjury in the second degree that this appl ication and all attachments are true, correct, and complel� the be� of my knowledge. I also acknowledge that It Is my responsibility and the responsibility of my agents and erpplo ' es t ,f,9m Ii with the provisions of the Colorado Liquor or Beer Code which affect my license. Date of local authority hearing -fer new license applicants ce.nnot be less lhan 30 days from data of application 44-3-311(1) C.R.S. D Subject to background lnvestigaUon, Including NCIC/CCIC check for cuts:ar.dlng warrants That the local authcrtt, has cond�cted, or ln!ends to cor.du�t. a� inspe�iion or the prq:osed premises to ensure that the applicant Is In compliance with and aware or, liquor cede provisions a:!ectir.g their class or license. (Check One) D Date of Inspection or Anticipated Dato ______________ _ D Upon appro•,al of stale I censtng authority D Now Fermented Malt 8e·1eraga Off Premises licenses. and On/Off Premises licenses, distance requirements of 44-3-301 C.R.S. a•e satisfied D New Fermented Mal: Beverage On/Of! premises licenses must meet the qualifications of 44-4-104 C.R.S. The foregoing application has been examined; and the premises, business to be conducted, and character or 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 wlll comply with the provisions oflitle 44, Article 4 or 3, C.R.S. and Liquor Rules. Therefore, this application Is approved. Local Licensing Authority for Telephone Number D Town, City DocuSlgn•d by: D County , Pr �d. Name nt1a • Dale_. , I '' . I n-ue-Date Page 121 OR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enlorcement DMslon Tax Check Authorization, Waiver, and Request to Release lnformatiqn I, l)OU,u\ \--\ 0, l A� am signi� this Tax Check Authorization, Waiver and Request to Release Information (hereinafter " aiver") on behalf of H.f.iv '7 90'.:> (,\.y1e,I £m.\ LL( (the "Applicant/Licensee"} to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the stale and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and ficensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information. or any document. report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing au thorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver In any administrative or judicial action regarding the application or license. State \J Business/Work Phone Number \ -60 ..q��/ uthorizing the disclosure or confidential tax information) Date signed Ho Privacy Act Statement umber Is voluntary and no right, benefit or privilege provided by law will be denied as a 7 of Privacy Act, 5 uses§ 552a (note). 5 Page 122 HARTS GA S AND FOOD, LLC • Tiny Town Eagl e Stop • 860 Moraine Avenue • Estes Park, CO 80517 MORAINE AVENUE r------------------------.---.-..-------------__.·-------,--I Fuel Pump Island I --'·-----·-·-·---·----__., ____ __.,.,__.,.,_.,.,__.., ..... ...,.,__. ____ ..,_.,,,_.,.j Front Entrance Retail I Shelving I �----------------· - Retail7 �helvin� ...,._ _____ j I I Retail: Cooler� I .-------� I Retail I1_ _ Shelvin� -- � r-Retail-,I II _ _2helvi� _ J r-Retail-,I IL _2helving _ J______ , __ Seating Area NO Alcohol Allowed Retail Coolers Beer Cooler Men's Restroom .--------, I I I Check Out I I Counter I I I I I I I I I I I •--------J ,, I' ' I I I Retail I : Shelving: I I ' / '-.J Basement Stairs Rear Entrance Commercial Women's Restroom Kitchen �-----__.-., ' ' --' ' --' ' - -' ' ,Fuel Pump; ' Island ' ' '--' ' - -' ' --' ' --' ' --' ' --' ' --' ' --' ' �--,-# __ _. Attachment 4 Page 123 --------,�,-TOWN OF ESTES PARI'-., June 3, 2021 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Estes Park 1110 LLC dba Quick Go Manhani, Baljit - Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above business and individual was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. The individual was listed as a Witness in a Vehicle Theft. There are no other reports involving the business and the individual listed. s:::, �� 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 5 Page 124 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson Date: June 22, 2021 RE: Resolution 53-21 New Fermented Malt Beverage Off-Premise Liquor License Estes Park 1110 LLC dba Quick Go, 1110 Woodstock Drive, Estes Park, CO Objective: Approval of a new Fermented Malt Beverage Off-Premise liquor license located at 1110 Woodstock Drive, Estes Park, Colorado. Application filed by Estes Park 1110 LLC dba Quick Go. Present Situation: An application for a new Fermented Malt Beverage Off-Premise liquor license was accepted as complete by the Town Clerk’s office on May 19, 2021 for a concurrent review. 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. Proposal: To present the application for the Town Board’s review and consideration for a new Fermented Malt Beverage Off-Premise 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 sell alcohol to its patrons. Action Recommended: Approval of the application for a new Fermented Malt Beverage Off-Premise liquor license. Budget: The fee paid to the Town of Estes Park for a new Fermented Malt Beverage Off- Premise liquor license is $953. The fee covers the administrative costs related to Town Clerk’s Office Memo Page 125 processing the application and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Fermented Malt Beverage Off-Premise Liquor license is $503. Level of Public Interest Low Sample Motion: I move to approve/deny Resolution 53-21. (The Board must note reasons for denial of the liquor application). Attachments: 1. Resolution 53-21 2.Procedure for Hearing 3.Application 4.Diagram of Liquor Premises 5.Police Report Page 126 RESOLUTION 53-21 APPROVING A NEW FERMENTED MALT BEVERAGE OFF-PREMISE LIQUOR LICENSE APPLICATION FOR ESTES PARK 1110 LLC DBA QUICK GO WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 22, 2021 for a New Fermented Malt Beverage Off-Premise Liquor License, filed by Estes Park 1110 LLC dba Quick Go, 1110 Woodstock Drive, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves the application for a new Fermented Malt Beverage Off-Premise Liquor License, filed by Estes Park 1110 LLC dba Quick Go, 1110 Woodstock Drive, Estes Park, Colorado. DATED this day of TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 127 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 Estes Park 1110 LLC dba Quick Go for a new Fermented Malt Beverage Off-Premise Liquor License located at 1110 Woodstock Drive, 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 May 19, 2021.  At a meeting of the Board of Trustees on June 8, 2021, the public hearing was set for 7:00 p.m. on Tuesday, June 22, 2021.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.70 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability 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 June 11, 2021 .  The premises was posted on June 9, 2021. Attachment 2 Page 128 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: Motion. I move for the approve/deny Resolution 53-21. (The Board must note reasons for denial of the liquor application) Page 129 I DR 8403 (09/25/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Fermented Malt Beverage License Application D New License CJ New-Concurrent D Transfer of Ownership •All answers must be printed in black ink or typewritten •Applicant must check the appropriate box(es) •Local license fee $ ___________ _ •Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementl/iquor 1.Applicant is applying as a/an D Corporation D Partnership (includes Limited Liability and Husband and Wife Partnerships) D Individual g Limited Liability Company D Association or Other 2.App\icant(s) If an LLC, name of LLC; if partnership, at least 2 partners' names; if corporation, name of corporation FEIN Estes Park 1110 LLC.86-1883906 2a. Trade Name of Establishment (DBA) Quick GO 3.Address of Premises (specify exact location of premises) 1110 Woodstock Dr City Estes Park 4.Mailing Address (Number and Street) 1110 Woodstock Dr 5. Email Address ESTESPARK1110LLC@GMAIL.COM County Larimer City or Town Estes Park ..Business Telephone L --303-406-1362 State ZIP Code co 80517 State ZIP Code co 80517 6.If the premises currently has a liquor or beer license, you MUST answer the following questions Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date Section A Nonrefundable A lication Fees Section B Fermented Malt Severa e Beer License Fees D Application Fee for New License $1,550.00 � Retail Fermented Malt Beverage On-Premises (City) $96.25 $117.50 $96.25 Q Application Fee for New License -w/Concurrent Review $1,650.00 D Retail Fermented Malt Beverage On-Premises (County) D Application Fee for Transfer License Account Number $1,550.00 0 Retail Fermented Malt Beverage Off-Premises (City) D Retail Fermented Malt Beverage Off-Premises (County) $117.50 D Retail Fermented Malt Beverage On/Off-Premises (City) $96.25 D Retail Fermented Malt Beverage On/Off-Premises (County) $117.50 D Master File Location Fee ............. $25.00 x ___ To ___ _ D Master File Background ............... $250.00 x ___ Total ___ _ Questions? Visit www.colorado.gov/enforcementlliquorfor more Information Do Not Write In This Space -For Department Of Revenue Use Only Liability Information Liability Date: License Issued Through: (Expiration Date) Total $ Attachment 3 Page 130 DR B403 (09125119) Application Documents Checklist and Worksheet Instructions: This check list 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.govlenforcementlliquor for more information. Items Submitted, Please Check all Appropriate 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 identified□D. Submit originals to local authority□E. Additional information required by the local licensing authority II.Diagram of the Premises � A. No larger than 8 1/2" X 11" � B. Dimensions included (does not have to be to scale). Exterior areas should show control (fences, walls, etc.)□C. Separate diagram for each floor (if multiple levels) � D. Bold/Outlined licensed premises Ill. Proof of Property Possession (One Year Needed) D A. Deed in name of the applicant ONLY (or) (matching question #2) date stamped/filed with County Clerk □B. Lease in the name of the applicant ONLY (matching question #2)□C. Lease Assignment in the name of the applicant (ONLY) with proper consent from the Landlord and acceptance by the applicant � D. Other agreement if not deed or lease IV.Background Information (DR 8404-1) and Financial Documents � A. Individual History Record(s) (Form DR 8404-1) Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) GJ 8. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Master File applicants submit results to the State. The Vendors are as follows: ldentoGO -https:l/uenro/1.identogo.coml Phone: (844) 539-5539 (toll-free) ldentoGO FAQs: https:llwww.colorado.gov/pacific/cbilidentification-faqs Colorado Fingerprinting -http://www.coloradofingerprinting.com Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabsl Phone: (720) 292-2722 To ll Free: (833) 224-2227 � C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license � D. List of all notes and loans. V.Sole Proprietor/Husband and Wife Partnership (if applicable)0 A. Form DR 4679 � B. Copy of State Issued Driver's License or Identification Card for each Applicant VI.Corporate Applicant Information (If Applicable)□A. Certificate of Incorporation � B. Certificate of Good Standing□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). � 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. Certificate of Authorization if foreign LLC (out of state applicants only) 2 Page 131 DR 8403 (09/25/19) 7.Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company;Yes No or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?□CJ 8.Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; orofficers, 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?□�□'61(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 9.Has a Fermented Malt Beverage license for the premises to be licensed been denied within the preceding one year? If □ "yes," explain in detail. 10.Is the proposed Retail Fermented Malt Beverage Off Premises license within 500 feet of any public or parochial school,the principal campus of any college, university, or seminary? NOTE: The distances are to be computed using themethods outlined under C.R.S. 44-3-313(1 )(d)(II). Some limited exceptions apply under C.R.S. 44-3-313.□'61 11.Is the proposed Re tail Fermented Malt Beverage Off Premises license, or On/Off premises license, within 500 feet of aRetail Liquor Store licensed under section 44-3-409 C.R.S.?Distance should be determined using guidelines outlined in 44-3-301 (12)(c) C.R.S.□0 12.Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members ormanager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name ofthe business and list any current or former financial interest in said business including any loans to or from a licensee.□12:J 13.Does the applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership,1'l □ lease or other arrangement? 0 Ownership D Lease 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:Landlord Tenant 'Expires b.Is a percentage of alcohol sales included as compensation to the landlord? If yes complete question 12.□0c. Attach a diagram or designate 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". 14.Who, besides the owners listed in this application (including persons, finns, 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 FEIN orSSN Interest Last Name First Name Date of Birth FEIN orSSN Interest 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. 15.Name of Manager(s) for all on premises applicants.Last Name 'First Name I Date of Birth 16.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the □ □ State of Colorado? If yes, provide name, type of license and account number. 17.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 orderof 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 □&21members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees orsurcharges imposed pursuant to section 44-3-503, C.R.S.? 3 Page 132 DR 8403 (09/25/19) 18. 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 to be fingerprinted by an approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. Name Home Address, City & State -Position % Owned Baljit Manhani 5758 Singletree Lane, Parker, CO 80134 Owner 100 Name Home Address, City & State Date of Birth Position % Owned Name Home Address, City & State Date of Birth Position % Owned Name Home Address, City & State Date of Birth Position % Owned ••If applicant is owned 100% by a parent company, please list the designated principal officer on above. ••Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable} *' If 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. 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. Authorized Signature \w?.v-,Y I Printed Name and Title I Date Baljit Manhani / Owner 5/3/2021 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority I Date of local authority hearing -for new license applicants cannot be less 5 / 19 J -zo�l than 30 days from date of application 44-3-311(1) C.R.S. Each person required to file DR 8404-1 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 � Upon approval of state licensing authority � New Fermented Malt Beverage Off Premises licenses, and On/Off Premises licenses, distance requirements of 44-3-301 C.R.S. are satisfied D New Fermented Malt Beverage On/Off premises licenses must meet the qualifications of 44-4-104 C.R.S. 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 Telephone Number Drown City rtt: ��--re::."' "\) ... 0 t/ □county lo�.._:) Signature Printed Name Title Date Signature (attest) Printed Name Title Date 4 Page 133 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Baljit Manhani am signing this Ta x Check Authorization, Waiver and Request to Release Information (hereinafter ''Waiver") on behalf of Estes Park 1110 LLC. (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ('·Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4 ), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business) Baljit Manhani Address 5758 Singletree Lane City Parker Home Phone Number 303-406-1362 Printed name of person signing on behalf of the Applicant/Licensee Baljit Manhani State co Business/Work Phone Number Applicant/Lil:::;'s 'nature (Signature authorizing the disc losure of confidential tax information) Privacy Act Statement Zip 80134 Date signed 5/3/2021 Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). 5 Page 134 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 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 I Cellular Number Estes Park 1110 LLC.303-406-13622.Your Full Name (last, first, middle}3.List any other names you have used Manhani, Baljit4.Mailing address (if different from residence}Email Address ESTESPARK1 11 0LLC@GMAIL.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 5758 Singletree Lane Parker, CO 80134 07/2016 Present Previous 20026 E. Bellewood Lane Centennial, CO 80134 04/2013 06/2016 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 n/a n/a n/a n/a n/a 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 n/a n/a n/a n/a 8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,0Yes �No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Page 135 DR 8404-1 (03120119) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)□Yes □No 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? {If yes, explain in detail.)□Yes GJNo 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes □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 re uired in uestion #13 is solel for identification ur oses. 13a. D b. Soci al "----'-'---:'-c-':. P""'l-'-ac_e_o.&.-;f-':::B:+-i r.,,cth..c....c.;;;_;_ __________ ,--__________ --l-� ... m.Weight n. Hair Col or 165 Brown 14.Financial Information. New Delhi, INDIA d.U.S. Citizen [J Yes O No g.Name of D istrict Court lien's Reg istration Card Number k. Permanent Residence Card Number n/a n/a q.Do you have a current GJves 0No # a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 595,000 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid.$ _2_5_5,,__0_00 ________ _ •If corporate inv estment 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 Cash Chase Checking/Saving Account Chase $255,000 d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Bank Of Estes Park 501 S. St. Vrain, Suite 100 Estes Park, CO 80517 20 years $255K Downpayme1t$595K Financed Oath of Applicant lication and all attachments are true Print Signature Baljit Manhani correct and com lete to the best of m knowled e. Title Da� Owner 5/3/2021Page 136 J I . I J Business Name : Estes Park 1110 LLC. dba : Quick GO Address: 1110 Woodstock Dr, Estes Park, CO 80517 Phone Number: 970-586-1614 \ I J .g I & / J'/ 1/ I Attachment 4 Page 137 June 3, 2021 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 Dear Ms. Williamson: RE: Harts Gas and Food LLC dba Tiny Town Sinclair 860 Moraine Ave A check of the Estes Park Police Department local records on the above address was conducted. The research on this address was done to include records back to 12/7/2020. The business reported a Fraud and a response to a Burglar Alarm provided just an unlocked door. There are no other reports involving the address listed. Sincerely, � v� Wes Kufeld Chief of Police, Estes Park Police Department 170 MACGREGOR AVE. 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 5 Page 138 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A, Resolution 54-21 Approving the Amended Plat of Lots 53 and 54 of Fall River Addition, 951 West Elkhorn Avenue, Estes Park Group of Christian Scientists, Owner/ Applicant.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. Page 139 2  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 140 COMMUNITY DEVELOPMENT Memo - To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: June 22, 2021 RE: Resolution 54-21 Approving The Amended Plat of Lots 53 and 54 of Fall River Addition, 951 West Elkhorn Avenue, Estes Park Group of Christian Scientists, Owner/ Applicant. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing and make a decision on an Amended Plat application, to rearrange two lots by adjusting the internal, common lot line. The proposal involves lots within a platted subdivision. Present Situation: The property contains a church, which was constructed in 1966 according to Larimer County Assessor’s records. The church is on Lot 53 of Fall River Addition Subdivision, which is 2.65 acres in size. The existing, undeveloped lot to the west of the church, Lot 54 of Fall River Addition, is 0.43 acre in size. Fall River Addition was recorded on 6/4/1973 at Book 1557, Page 45 in the records of the Larimer County Clerk and Recorder. The property is located west of the intersection of West Elkhorn Avenue and West Wonderview Avenue. The church is addressed as 951 West Elkhorn Avenue. Proposal: Applicant requests approval to reconfigure the two existing lots, proposed to be 2.08 acres (Lot 54A) and 1.0 acre (Lot 53A). The property is zoned A (Accommodations). The two proposed lots comply with minimum area and dimensional standards for the A Zoning District. Page 141 Review Criteria This Amended Plat, per the EPDC, Section 3.9 Subdivisions, is considered a type of “Minor Adjustment.” With a recent amendment to the Estes Park Development Code (EPDC), Minor Adjustments are now typically reviewed as a staff review process. However, there are exceptions. Per Section 3.9.D. of the EPDC, an Amended Plat that involves easement dedication, which is the case with this proposal, “…shall require a hearing before the Town Board of Trustees.” Agency Comments This request has been submitted to reviewing agency staff for consideration and comment. No concerns were expressed by reviewing agencies. Advantage: Amending the plat as proposed will result in both proposed lots being in compliance with EPDC zoning standards for area and width. Disadvantages: None. Action Recommended: Staff recommends approval of the Amended Plat of Lots 53 and 54 of the Fall River Addition, with the following findings: 1.The Amended Plat complies with applicable sections of the EPDC. 2.The Amended Plat application has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Finance/Resource Impact: None Level of Public Interest Low. Notice was published, and sent to adjacent property owners in accordance with the notice requirements in the EPCD Section 3.15 General Notice Provisions. At the writing, no written comments have been received for this application. Written comments will be posted to www.estes.org/currentapplications if received after finalization of this staff memo. Sample Motions: I move that the Town Board of Trustees approve Resolution 54-21 I move that the Town Board of Trustees deny the application, because [insert findings for denial]. Page 142 I move that the Town Board of Trustees continue Resolution 54-21 to [date certain], in order that… [state direction to staff pursuant to continuance] Attachments: 1.Resolution 54-21 2.Vicinity Map 3.Statement of Intent 4.Application 5.Amended Plat Page 143 RESOLUTION 54-21 APPROVING THE AMENDED PLAT OF LOTS 53 AND 54 OF FALL RIVER ADDITION, LOCATED IN A PORTION OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHEREAS, an application for an Amended Plat, to reconfigure two lots by adjusting the internal, common lot line was filed by the Estes Park Group of Christian Scientists (owner/applicant); and WHEREAS, the property is located west of the intersection of West Elkhorn Avenue and West Wonderview Avenue, is addressed as 951 West Elkhorn Avenue and is within an A (Accommodations) Zone District; and WHEREAS, the Amended Plat will reconfigure two existing lots, proposed to be 2.08 acres (Lot 54A) and 1.0 acre (Lot 53A); and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on June 22, 2021 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds: 1.The Amended Plat complies with applicable sections of the EPDC. 2.The Amended Plat application has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Amended Plat of Lots 53 and 54 of Fall River Addition is hereby approved. Attachment 1 Page 144 DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 145 Site Location Ê FALL RIVER L N VAL L E Y R D CHAPIN LNMACGREGORA V E JAMESSTFALL RIVER RD F A R V IE W D R TW I N O W L S LN E V E RGREENLN FAR VIEW LN BOYD LN MUMMY L N FILBEY CTOLD RAN G E R D R LAWN LNDEVILSGULCHRDW WO N D E R V I E W A V E W E L K H O R N AVE CLEAVE ST B I G H ORNDR VIRGINIA DR BIGHORNDRBIGHORNDRCHAPINLN MACGREGOR AVE JAMES S T 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 6/2/2021 Created By: Jeff Woeber Project Name: Project Description: Lots 53 and 54Fall River Addition Amended PlatFor Illustrative Purposes Only Attachment 2 Page 146 LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING 4-28-2012, Preliminary and Final Amended Plat Submittal -Statement of Intent For the Estes Park Group of Christian Scientists For the Amended Plat of Lots 53 and 54 Fall River Addition, Town of Estes Park, Colorado This submittal is titled Amended Plat, although the lots are currently deeded by metes and bounds descriptions (as found in the dtle commitment used for this application). The two subject parcels are shown on the Fall River Addition Plat (which is an Annexation Pfat for properties totaling 511 Acres into the Town of Estes Park}. That Addition to the Town is an 8 page Plat that is dated May 25, 1973, it is recorded at Book 1557 Page 45, records of Larimer County and was approved by the Town Trustees on May 28, 1973. It appears these two lots were recognized before this date as separate lega! parcels in that the lot numbers on the plat are underlined. In the legend it states that, "UNDERLINED LOT NUMBERS ARE ASSIGNED ON THIS PLAT TO IDENTIFY OWNERSHIP TRACTS, OTHER THAN PLATTED LOTS, PER DEED DESCRIPTIONS". A pre-application meeting was held for this submittal in November of 2020. At that meeting, the two lots were recognized as exfsting and legal lots. See the attached color deed plot which helps understand the legal description and shows the parent 1963 parcel (green), as well as the CDOT parcel deeded off of the parent parcel in 1958 (dark blue) and the northerly 0.06 acre parcel from 1983 (in cyan}. The magenta parcel is the west end of the property also known as Lot 54, Fall River Addition (from 1973}. The property is currently zoned Accommodations which is a very flexible zoning district in the Town. That zoning district includes Setbacks of 25' to arterials, 15' to other streets, 15' on sides and 10' on rear lot lines. The church on the proposed east lot does easily meet setbacks. This property is adjacent to two prominent roads in Estes Park (Elkhorn Avenue and Wonderview Avenue}. The proposed reconfigured 2.08 acre lot could be developed in many differen,!_w�ys1a�� that future development will stand on its own for impacts it creates (drainage, traffic;-$.ewer,,wat�r1 fi I\ l c:=:1 \ �\ \ '. / 1__;::l•!\\ protection ..... ). The current owner will not be the developer of the vacant-2.0S·ac�par.Gel:·rather that parcel will be up for sale. That lot will likely access on or near the exi�tinkd�ay from Elkho�ri � enue (where there is a curb cut now}. 1\ � Ju �OMM\JN\°NOE\JElOPMENi 1043 Fish Creek Road • Estes Park, CO 80517 • 910-S86-9388 • E-mail: info@vanhomengineering.com Attachment 3 Page 147 Access easements are not needed as each lot is proposed to have it's own access. There is a desire to relocate the existing access for the church to on or near the SE corner of the proposed 1.00 acre lot. That proposed access is roughly shown on this Preliminary Plat submittal. It will require an Access Permit through the Public Works Department. Grading and possible utility lowering will be needed for this access to meet grade standards and utility (sewer} cover minimums. Additional information on this proposed access change is shown on a supplemental drawing included. There is no floodplain reduction, nor is there a blue line reduction for these lots. There is a slope adjustment needed in addition to the 40,000 s.f. minimum lot size. Each lot is significantly larger than 40,000 and considering the average slope is at or near 20%, ther e is ample 'extra' land shown to account for future uses and the code required slope adjustments (100 s.f. up to 300 s.f. per unit per percentage slope above 12% per the development code). The subject lots do not fall within a Wildfire nor a Geologic Hazard according to current Hazard Mapping in the Estes Valley. Utilities available on these lots include: Upper Thompson Sanitation District, Town of Estes Park Power and Water, Xcel for Gas. Telephone and Cable are also available. These service lines are shown on the attached Preliminary Plat to the best of our ability at this time. A sanitary sewer service line easement is shown and being dedicated with this Amended Plat to 'cover' the existing sewer line. Thank you for your consideration of this proposal. Lonnie Sheldon, Colorado PE and PLS For Van Horn Engineering and Surveying Inc. Cell: 970-443-3271 Email: lonnie@vanhornengineering.com 1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • E-mail: info@vanhornengineering.com Page 148 ESTES PARK PLANNING DEPARTMENT APPLICATION @ Pre--App 8 Development Plan Special Review 0 Preliminary Subdivision Plat0 Final Subdivision Plat Minor Subdivision Plat Amended Plat Project NameI Project Oescriptton Project Address Legal Description Parcel 10# Existing Land Use Proposed Land Use Existing Water Service Proposed Weter Service 0 Boundary Une Adjustment 0 ROW or Easement Vacation0 Street Name Change Time0 Rezoning Petition 0 Annexation Request Owen D None Owen D None Existing Sanitary Sewer Service D EPSD Proposed Sanitary Sewer Service D EPSD Is a sewer lift station required?D Yes Existing Gas Service E Xcel O Other Condominium Map O Prenmlnary MapQ Anal Map 0 Supplemental Map Septic Septic Existing Zoning _._A ________ Proposed Zoning -/h'c 0None Site Access {If not on public street) � PPAf> f:olL ya: SM ,@U<JtJPIJ f#o/LD Yes Jil No Appffcation fee Digital Copies of plats/plans In · !J= :..Dt � Yes statement of intent planning@estes.org I I I , 6'f 2 copies {folded) of plat or plan I I LJ ' � 11" X 17" reduced copy of plat or plan � Sign Purchase ($1 O)1 __ _ _ /LC Nr "' • �·.,JPlease review the Estes Park Development Code Appendix B for additional submlttal requirements;-whlCft may Include ISO calculations, drainage report, traffic Impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, andfor other additional lnfonnation. Town of Estes Park od\ P .0. Box 1200.,, 170 MacGregor Avenue .,, Estes Park. CO 80517 Community Development Deportment Phone: (970) 577-3721 • Fox: (970} 586-0249 .,, www.estes.org/CommvnlfyOevelopment Revised 2020.04.23 ks Attachment 4 Page 149 Record OWner(s) _��..;....---..:....r......--.:..--.,;;��-""--=-�cu..:::..L:.L.1.s..:::.-....;.........;�::.:;........;...;....:...=---1Malling Address_.:z..aL...J!���dil:!J�fi..__.A ��lli �...J-./;;.��U���Ll�i!.i:UPhone -------------------------------1Cell Phone -------------------------------1 Fax _____________________________ -1 Email Applicant """" ........ ��,Mq-l=""'"-..=a:;:;.c.A.-�-,..-'-___ e_s ;_t-_e.;...r ________ __,. Mailing Address ----.a.=..=.......z:;....., ...... ......, _____________________ --41 Phone --------------------------------Ce II Phone --------------------------------���=�..;.:...:.:..;��.;:..::;.;;..::---------1 Email Consultant/Englneer�1,.1,&�_-=:;;LiJ;IL.11L.....1��:....:ir.m.:::::2.:::.2 J--'ili:!::s....=:-��::..=::�J.;:.,..--------1 Ma ll ing Addr es s�i..l,L:Z:::::Z..........l::.l.,;�.J.i::::i.&���:a:e;....-S:���Jii!::!M!::���2':!�J....1.;.__-J Phone_�,1.M.---''"-ll�--L�"'-.i-..-----:-":"-'-2""�--�--::----::-:-------1 Cell Phone_ ....... �...,g &neld (;))'l Fax ____ ....._ __________________________ ___ Email APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule onllne at www.estes.org/plannlngforms All re uests for refunds must be made In writln . All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats If creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the appllcatlon and lnltlal publlc hearing to au mineral estate owners where the surface estate and the mineral es1ate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PL.EASE PRINT: E' STl="S Applicant PL.EASE PRINT: Signatures: T Record Owner ESTES ,Pd:;a.K �oo f> 6£ C'Hru$t1et:J Sc:JeNtltt$ Date Date Revised 2020.04.23 � Page 150 APPLICANT CERTIFICATION ► I hereby certify that the Information and exhibits herewith submitted are true and correct to the best of my knowledgeand that in filing the application I am acting with the knowledge and consent of the owners of the property. ►In submitting the application materials and signing this application agreement, I acknowledge and agree that theapplication is subject to the applicable processing and public hearing requirements set forth In the Estes ParkDevelopment Code (EPDC). ►I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had theopportunity to consult the relevant provisions governing the processing of and decision on the application.The Estes Park Development Code is available online at htto://www.estes.org/DevCode I>I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee bythe Town does not necessarily mean that the applicatron is complete under the applicable requirements of the EPOC. ►I understand that this proposal may be delayed In processing by a month or more if the information provided lsincomplete, Inaccurate, or submitted after the deadline date. ►I understand that a resubmittal fee will be charged If my application is incomplete. ►The Community Development Department will notify the applicant in writing of the date on which the application isdetermined to be complete. ►I grant permission for Town of Estes Park Employees and Planning Commissioners with proper Identification access tomy property during the review of this application. ►I acknowledge that 1 have received the Estes Park Development Review Application Schedule and that fallure to meetthe deadlines shown on said schedule may result in my application or the approval of my appllcatlon becoming null andvoid. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record OWner PLEASE PRINT: bSTlffS P�� G,/UkJP Applicant PLEASEPRINT: ()p-a,J..hp[r �i, .:..,- Signatures: Record Owner /fS.tES :PA:4:1< Applicant (],..£ · · .: ., /). : -� V DE Clffl.l:SaftN Date S:::tEA.H'fSTS Date Revised 2020.04.23 lcs Page 151 EPCS CHURCH FINAL AMENDED PLAT LOTS 53 & 54 FALL RIVER ADDITION LOCATED IN THE SOUTHEAST ¼OF SECTION 23, TOWNSHIP 5N, RANGE 73W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO Note: ____ ....... _ ---- This property comer ' .... ...... ....... _ --...... Measures 143.9 to '--... -_',,_ _ _ ................... monumented northern '-..... ............ ::-...... _ .... ___-, ........................ _-,,s68·s;, right-of-way ---- ---was set by holding 145' of right-of-way from survey monuments found on the north side of the R-0-W and the rotated,deeded west boundary.--� Found Brass Cap �-' ' /' " t 46,6J•Cap ',,::::::::: :,,, ',,',,,,, I --' ,,:,,: ' ,,,' ,,, ____ ' -----------� ............. _ ............. -..... --.................. .................... ...... ................. _N2S44'12"E 35.6 ........._ ........._ -....... :_.............. ...... -.............. -....... -....... (N23"39'E 35.60') ......., '-....:-....... '--......._ -............ ,::-.................. ...... .................. ......... ..... ............. ....... -....... ""'"" ... t ' ' ', .................... ---............. ...... ....... ..,. 8. ................... -............. \ ........._......., , ....._ ....... ............ of./,., -.... -.... \ , , (s66• 4o·.,_ , ' ,, ' , c ,, ·•<:1 w. ' , ' --.... < ' J \ '....._ '--........_ Or,ti --........_ Or,(/. '--......._ --..,, ....... ,_ -\ ' 7 't .? 9.J.9,3,Measures 144.9' to 1 ', £:, ',, /Juo /Js ',, "1v,,. ',, -_ \ ........_' ....._ <1-o .4.n) monumented northern \ ................... 0st r.. '-........._ Cel"Jt '--......._ w -<!1,,: ............ _ '....._ ....._ ,:;, \ ', ooq --... er .,.. ',_ e,.,lJe -........__ -...... , \ ......._ right-of-way °'n i, ' ....... ,....._ 17d w:'-........_ 'Urn -.............. ................... ',,....._ ', ......._ n'o"'' ',...._ r;(le :----.......... lofJe .................. .................. ...... ', ',\ ........ ........._ ,<t.,. ,.,, ',.................. 'view .................. ........................ .............................. , ...... _' ' \ ' ,'J-':> ' P d P II t A ', -4i,., ' ' ' -,�, ,,........ �":J'S ,,ave u ou rea ........................ rive '--..............'-.....,,........................ ',, ...... _,, ,�,',� \ Existing Lot #54 ........._-........ Found ', ..................'-........._ '-........_ ..................-....._,, ,�,', u'Q \(West Lot of two) ........ ........ -r Re-bar ' ...... , '-........._ '--.....__ '-........_ '-........._ ',, ...... _ ,, , '-...._ ' , (5' .. \ = 18,855 S.f. ........._L,, -....._ '-.... '-.... '-.... '-.... -' ',' ' .? or 0.43 Acres ,,,,,,..........__ -----------------------...... '-........__ --......._ '-.... ', ............ ' ... ' ' �� \ ,.. .............. -............ ............ ............. ...... ...... _ -' ... ' ' /.J _/ ...... ...... ...... ...... ...... ---' '... , ... ' ' 7-' \ ,/ ........ ...... ............ ............ ............ --...... ............. ...... .. ... ...... ...... ............ _ ...... ...... ...... ...... ...... ',, ',, "�, ',, � \ ./' -',,,,_ -�',,, ',,,, ',,,:,,, ', ', ,;;;, ', '-1'o ·<:--e /.,, ........ ........4-s't ........................ ---............ ............ ............ ...... ...... ', ', ,::-, '... 6'i;;_ \o'-\,,�e�",.;'\ .......... ......... <s,2 ............ ............ .................. ---............ ...... ..................................... _ -- , ' ' ... , ' ', -'(j \ v -�,:;_, /.b-"' ........._ ',...._ ............ ............ ............ ............ ... ...-', ', ,�, ', ,..-. '-0,<:'-� o�" "ry 1,,•(" ........._ .................. ...... ........................ _ - ........................ ........................ ...... ............ ...... ' ' ,, ' � .. \ <t.,.i-'':I 'Oe,, �•�,�'o· -...... .......................... ... -............ -........_ .............................. ...... , , "' ' � \ "o ·,:;'),;,, ' ' ' ', ', ', ' ' ' , ,, ' �/�,t.."\"' ........ ...... __ ----...... __ .................................... ...... ' ' ,, ' ? _/--�, 'l,J ...... ...... ............ _ ............ ............ ............ ...... ', , ,�,, � \ / '?"::; 'b� ........ ........._ Note: .............................. _ _ _ '-........_ ............,...... ', ,, ,, ', "�, ',·c9. \/' l'.3 , This property corner was _ _',,,, ,,', ',, ',,,,, __ ,, ', ', ,�, ', \ /,,........ ........ set by holding 145' of right-.................. ....._ ',,.............................. .................. ___ ' ' ' ,, ' \ ,,-' r--...... of-way from survey monuments .............................. '...... ........................ ...... .... ' ', ', '�, ', ,,...-...... ...... found on the north side of the R-0-W ',....._ .................................... ',...._ .................. '\,. ',', '�, ', \ .,,..,..,, Proposed Lot #54A -........ ........._ and the deeded distance to the found ',...._ ',,....... ........................' ...... ..._' .......... ' ' ' '' ' ,'\ (West Lot of two) , property corners to the southeast.-� ',, ,,_',, ',, ', ', ', '�, <+..', Found 90 493 f ........ '-........._ -'...._ ...... , '\ '\ '\, ' � ti p• =1 s, •-...... --............ ....,_ ...... ....._, , , �, �-?. ',1 ipe (tv8"l. or 2.08 Acres ........ --.................. '-........_ ...... 0 • , ' ' 1a ,, � ' < 'o · -........ -...... ...... ...... ............ _ -, ' ' ' � '-' C ' ,� < ......... ' ,...._ -........._ ... -\ ' & ' ? ,, 0 ' \ ?•,.. ' ' ' ' 0 ' L\ ,, ?(' ' \ , � "l ......... ...... ......, \ &;, '-"o ,, r \<1 7� ' \ \ ? ' " '' .,,, ' u � ' ' Gravel Pullout Area ' ,,., ' " ,, "' , \ •41J' ,,-, '- °o '\ CY '\\ &-'\ ,, ',, ""o-,, <'.qc? \�;�� ,,\ SE cor. Sec 23 / S , .,.. , 0 \, 0 , \ (not surveyed to) / ,,---....,_ 6s-46, ' ' '1' \ � ,, � '/ / ' 4 ', \ ? \ -,, \ \ / / '' 8"t LEGEND ' ' o \ ,,._ \' \ , 7 l;, ' ', � ', "'-, \' \ \ / ' / ' ' ·Bo,', ' �,.. \ ""' '�, \ / °'°' / ', ', "'-, ', , , , \ Existing Lot #53 / , <:,t>.· / , ' ' ""' , '' ' 0, \ (East Lot of two) / .,. , / , , ', \ \ '\ \ \ v-•·v ...... , , , ,, , ",:,,. \ = 115,360 s.f. / ,()() / , ' ' ' '•' ' '-' or 2.65 Acres / .�'o / '" '-\ \ ,\ \ ,f'-\ '.).v I ',, \ \ '�, \ � \ / / ""<:> / /I ', ' ' \' ' � Delta= 78'49'30" Delta = 78'49'30" , ' ' ,, ' ·.s- \/ / I ' ' \ \� \.:i. R = 33' R = 53' ',,,'1 \ �\ \'t \ L = 45.51' L = 73.02' / ,/ / ,/ I ',,/ \ '�,\"�. \ C = N1 75'15'1 3"W c = Nl75•15,13 ,'w / / Proposed Lot #53A I ', 1 , '' , (42.0') (67.4') / / (East Lot of two) \ / , \\ , � \ "' or 1.00 Acres ',,, /\ \�\\�� \ ( / / = 43,471 s.f. �I I / \ \\ ' �o> \ �� ,;, �10' ---1 \ \\ \ • "o '- .,,,., I t---f--I ------; ' ,, ' -, ,-10· • ., \ a:: ,,,.,,,, -----✓ ' ,, ' , " ., I Fall River Lane (p aved) --------------------- , \\ , v� _ � '<vo ' '' ' \ 6 .-- ......, ' '';:\ Delta = 1 9'37' 46"\ 't ', \'o� ',r&-0&R =1 23' I I \ .. �, \ �/\J'5l L = 42.0' I I , '' ' ci() 'f· C N3 29'3'48"W I -�-' -' ', \, ' ��,s<:><5'\ \ / ---1;;;-'A �� .9 .(41.85') � I 1 , ,, , >-· '6 "� t I 1 ' ' ' ' ' ' ' ' \ ' \ '�, \ \ ::l J! S'5ls:--,s6' � I \ \ \ \ \ S_).. ,..J�. I \ ' \ \ , \\ ' '7 , ,u ,!_ I 20' Utility' '' ' \ o., ' . -I \ ' ' ' � , Easement \ \ \ \ \ \ \ \ \ \ \ \ , , ' ' \ s:' , I (D I l 1 ' \ ' ' 1:9 :--.._ U1 (Typ. \ \\ \ \ ·o6'•,"->- I � I I \ \ \ \ ', \ \ "-- '"' � l I I \ \ ', \ \ d" t "l, % I \ \ \ \ \ \ ',,' \/)·'.o\ I \ \ \ \ \ \ \ \ ' , \ Delta = 22'34'36" "- '., 0, I \ \ ',\\ R = 143' "19 \I'"' J 4--+----20' Access Easement \ \ ',\\ L = 56.32' I--. \ for the Proposed I \ \ \ \\ \ \ \ \ \ \ \ \ \ ' \ ' , C = N3 30"45'54"W _,.-_,...Lot #53A I ',,,\ I I \ ,,, _,., \ \ \ \ \ \\ (56.o·� _,..._,... � I 11 ',\ \ ' \ _ _,..._,..., I I ' \ ' \ \ _,., _,...o.\O I ' ' ' ' _,... •'ll 1:i 1--I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' \ \ \ _,., •<;:,'e> ,-\ \ \ \ _,., :7•:,c:l 0, \ \ \ \ "< c,€> lcri LO I I ' \ ' S;,-..... I"")r---. � '\ '' "S --.. ro I ,,: \ \ \ \ \ \ \ \ \ \ \ \ 3'o;,�7 ;;;::- ....... J --i= I I � ' ' ' ' e.s,3• .......I ~<o \ \ \ \ \ \ \ \ ' ' ' ' o1 .. ,.. ....... a,:=-, I FOUND MONUMENTATION (AS DESCRIBED) \ \ \\ \\ \\ \\ �;,�;,-;-....... �I� 11 -� 4., 'v ' \ ' , Found " S5 ......, --.. w � ' \ ' ' Brass Cap •39' ...__ _ --.J \ \ \ \ SIT /14 REBAR WITH PLASTIC CAP #26974 ALIQUOT MONUMENTATION \ ' \ \ ' , , , N83 '57'48"W \ \ ' '48.98' N83'57'48" Note: Actual Deeded Line Extends to North of Highway and then the R-0-W is Excepted out. 00.00 MEASURED OR CALCULATED DIMENSIONS \ \ \ \ \ \ \ ' � ���� �]��������F:� ---- 1; 3 � 1 � .2 : 1 ·�..! , " .. "'-�.. (S8 4"03 'E 146_1,) W 96.79'___________ _\ \ �����e��:�::-------------==-------"-:;:U�d Brass Cap (00.00) PLATTED OR DEEDED DIMENSIONS EDGE OF ROAD/DRIVE PROPERlY LINE EDGE OF EASEMENT 0 SCALE: 1" 30' 30 60 90 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' dedicated as a ,G-\ Utility Easement Valley Road (paved) :y·f:'_______ _ \ \ \ by this plat. ------------------.� ,'{J _____ _ ' --;:__ ..., � ound \ \ \ \ /,,,✓ .":>.� Brass Cap \ / �.,.(i \ ' \ / I\ I\ 'v ,v;, O• \...__,_ \ 1 tf tJ � I l,z, ,� SE car. Sec 23\ \:.:'. ls6 (not surveyed to) '1.9) CERTIFICATION OF OWNERSHIP AND DEDICATION: KNOW ALL MEN BY THESE PRESENTS THAT THE ESTES PARK GROUP OF CHRISTIAN SCIENTISTS, A COLORADO RELIGIOUS CORPORATION, BEING THE OWNERS OF THAT PART OF THE SOU1HEAST ¾ OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 73 WEST OF 1HE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STATE HIGHWAY WHICH BEARS NORTH 70 DEGREES 41 MINUTES WEST 1664.9 FEET FROM THE SOU1HEAST CORNER OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., THENCE NORTH 27 DEGREES 24 MINUTES EAST 125. 7 FEET TO THE TRUE POINT OF BEGINNING; 1HENCE NORTH 27 DEGREES 24 MINUTES EAST 308.6 FEET; THENCE NORTH 34 DEGREES 37 MINUTES WEST 328.5 FEET; THENCE SOUTH 55 DEGREES 23 MINUTES WEST 382.8 FEET TO RIGHT OF WAY OF STATE HIGHWAY (KNOWN AS FALL RIVER ROAD): THENCE SOUTH 34 DEGREES 37 MINUTES EAST ALONG SAID RIGHT OF WAY 378.5 FEET; THENCE SOUTH 84 DEGREES 03 MINUTES EAST ALONG SAID RIGHT OF WAY 146.1 FEET TO THE 1RUE POINT OF BEGINNING, EXCEPT, .882 ACRES MORE OR LESS CONVEYED TO THE HIGHWAY DEPARTMENT BY DEED RECORDED JUNE 20, 1958 IN BOOK 1 D69 AT PAGE 230.RESULTANT PARCEL IS ALSO KNOWN AS LOT 53, FALL RIVER ADDITION COUNTY OFLARIMER, STATE OF COLORADO ALSO A PARCEL OF LAND LOCATED IN 1HE SW1/4 OF THE SE1/4 OF SECTION 23, TOWNSHIP 5 NOR1H, RANGE 73 WEST OF THE 61H P.M., LARIMER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS COMMENCING AT 1HE SOUTHEAST CORNER OF SAID SECTION 23, WITH ALL BEARINGS RELATIVE TO THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 23 CONSIDERED "5 BEARING NORTH 89 DEGREES 44 MINUTES WEST 1HENCE NORTH 62 DEGREES 10 MINUTES 27 SECONDS WEST A DISTANCE OF 2118.41 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 34 AND THE TRUE POINT OF BEGINNING; 1HENCE NORTH 34 DEGREES 37 MINUTES WEST A DISTANCE OF 185.8 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF INTERSECTION OF THE RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 34 AND U.S. HIGHWAY 34 BY-PASS; 1HENCE NORTH 23 DEGREES 39 MINUTES EAST A DISTANCE OF 35.60 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 34 BY-P"5S; THENCE SOUTH 66 DEGREES 21 MINUTES EAST A DISTANCE OF 240.49 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 55 DEGREES 23 MINUTES WEST A DISTANCE OF 156.77 FEET TO THE TRUE POINT OF BEGINNING, ALSO KNOWN AS LOT 54, FALL RIVER ADDITION. COUNTY OF LARIMER, STATE OF COLORADO CONTAINING APPROXIMATELY 3.08 ACRES MORE OR LESS. HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED INTO LOTS TO BE KNOWN "5 THE AMENDED PLAT OF LOTS 53 AND 54, FALL RIVER ADDITION TO THE TOWN OF ESTES PARK, AND DO HEREBY DEDICATE THE EASEMENTS THAT ARE LAID OUT AND DESIGNATED ON 1HIS PLAT. WITNESS OUR HANDS AND SEALS THIS ---�-AY OF -------20 __ , J.KELLY LESTER (FOR THE ESTES PARK GROUP OF CHRISTIAN SCIENTISTS) STATE OF COLORADO ) )ss COUNTY OF LARIMER ) THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF ______ 2D21 BY J. KELLY LESTER NOTARY PUBLIC MY COMMISSION EXPIRES ________ _ BOARD OF TRUSTEES' CERTIFICATE: APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO ON THIS ___ DAY OF _____ 20 __ . WENDY KOENIG, MAYOR TOWN CLERK TOWN ENGINEER'S CERTIFICATE: APPROVED BY 1HE TOWN ENGINEER OF ESTES PARK THIS ___ DAY OF --------20 __ , TOWN ENGINEER SURVEYOR'S CERTIFICATE: I, LONNIE A. SHELDON, A DULY LICENSED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF AMENDED PLAT OF LOTS 53 & 54, FALL RIVER ADDITION, TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION. P.E. & P.L.S. #26974 VESTED RIGHTS STATEMENT: APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. SURVEYOR'S NOTES: 1.OWNERSHIP AND EASEMENT RESEARCH AND INFORMATION FOR THIS PLAT W"5OBTAINED FROM "5CENT ESCROW AND TITLE COMPANY'S TITLE POLICY NUMBER21-000700 R4 DATED APR 22, 2021 AND THE PLAT OF RECORD.2.THE PLAT OF THE FALL RIVER ADDITION TO 1HE TOWN OF ESTES PARK (SIGNEDBY 1HE SURVEYOR -WILLIAM VAN HORN) -IS DATED MAY 25, 1973. SAID PLATW"5 APPROVED BY THE TOWN OF ESTES PARK TRUSTEES ON MAY 28, 1973. SAIDANNEXATION MAP IS LOCATED AT BOOK 1557 PAGE 45, RECORDS OF LARIMER COUNTY.THIS IS THE RESOURCE USED FOR BOUNDARY INFORMATION AS SHOWN HEREON. THEDEEDS FOR THESE TWO PROPERTIES ARE CURRENTLY RECORDED AT RECEPTION NO.834096 AND BOOK 2252 PAGE 1075 IN THE OFFICE OF 1HE CLERK AND RECORDEROF LARIMER COUNTY.3.THE B"51S OF BEARINGS FOR THIS AMENDED PLAT ARE BASED OFF OF 1HESOUTHERLY LINE OF 1HE HISTORIC LOT 53, MONUMENTED ON THE EAST AND WEST ENDS BY A BRASS CAPPED PIPE "5 SHOWN HERE, SAID LINE HAVING A BEARING OF NORTH 83 DEGREES 57 MINUTES 48 SECONDS WEST AS MEASURED BY GPS RTK OBSERVATIONS USING THE COLORADO STATE PLANE 0501 PROJECTION (AT GROUND}. DEEDED DIMENSIONS HAVE BEEN ROTATED CLOCKWISE 00 DEGREES 05 MINUTES 12 SECONDS TO MATCH THIS LINE. 4.THE LINEAL UNIT FOR 1HIS SURVEY IS THE U.S. SURVEY FOOT.5.NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE CERTIFICATION SHOWN HEREON. >-­[Il z 0 in rS a:: �'":i: !/1 11.. i:::l � i:::l z � � � ...... � ::i::: t.) ll:: � ::i::: t.) rn t.) 11.. � DRAWN BY: (!) z MB CHECKED BY: LAS SCALE 1" = 30' DATE: 6-3-2021 SHEET 1 OF 1 PROJ. NO. 2020-10-07 Attachment 5 Page 152 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 1. Ordinance 09-21 Approving a Water Service Agreement with the YMCA of the Rockies.  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 153 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 154 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator Date: June 22, 2021 RE: Ordinance 09-21 Approving a Water Service Agreement with the YMCA of the Rockies (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Approve the Water Service Agreement between the Town of Estes Park and the YMCA of the Rockies. Present Situation: Historically, the YMCA of the Rockies has maintained and supplied water independently to its Estes Park Center. This self-service requires specific utility expertise and ongoing capital upkeep and maintenance to the YMCA’s water plant and distribution lines. Discussions have taken place on occasion over the last several decades between the Town and the YMCA about the possibility of the YMCA becoming a customer of the Town’s water utility. In May 2020, the YMCA approached the Town to renew these conversations after being notified by the state that their water plant was in need of significant upgrades. Town staff believes that extending water services to the YMCA through a long-term agreement could be mutually beneficial to both organizations for many years to come. The Town’s water utility would gain a large commercial customer and the YMCA would no longer need to provide its own water services and the expertise and maintenance necessary to do so. The Town Board met in Executive Session twice to discuss the proposal and provide direction to negotiators. The attached draft contract between the Town and the YMCA is the result of the negotiations. In exchange for the provision of water services for the 60- year term, the YMCA agrees to: •Transfer 32 Colorado-Big Thompson Water Units to the Town. Page 155 •Pay the Town a System Development Charge of $1,007,438 to be paid in annual installments over 10 years. •Pay the Town, on a monthly basis, a payment in lieu of sales tax revenue in an amount equal to 2.25% of all of YMCA’s taxable sales at the Center from operations within the YMCA service area. •Pay the rate for Treated Water calculated by the Town based on the results of the incorporation of the YMCA level of service requirements to the Town’s most recently completed rate and cost of service analysis in a manner that is generally consistent with the methodology used in the rate study •Maintain its own distribution lines and be responsible for all aspects of water distribution to its own facilities and inholding properties within its service area; individually meter points of delivery of treated water. •Construct and install, at the YMCA’s expense, all lines, facilities and equipment necessary to deliver Treated Water to the YMCA at the primary Metering Point, including but not limited to a back-flow prevention device(s) approved by the Town. On the other hand, the YMCA would not be agreeing to annex into the Town at any point in the future. The YMCA is not currently eligible for annexation, and the Town would not intend to annex the YMCA without its consent at any point during the term of this agreement. Proposal: Staff proposes that the Board approve the contract between the Town and YMCA. Advantages: •The Town would gain a large commercial customer of its water utility and receive monthly payment in lieu of tax revenue payments from the YMCA. Disadvantages: •While the Town would gain a large commercial water customer and a payment in lieu of taxes for the duration of the agreement, our responsibility to provide water services will also increase. Action Recommended: Approval of the contract between the Town and YMCA of the Rockies regarding the provision of water services by the Town. Finance/Resource Impact: Under the agreement, the YMCA would pay to the Town: •A System Development Charge of $1,007,438 in annual installments over ten years. •The agreed upon Treated Water rate. •A payment in lieu of tax revenue in an amount equal to 2.25% of all of YMCA’s taxable sales. Page 156 o For context, this amount would have been equal to approximately $411,300 in 2018 and $401,100 in 2019. Level of Public Interest Medium Sample Motions: •I move to adopt Ordinance 09-21. Attachments: 1.Ordinance 09-21 2.Water Service Agreement and Exhibits Page 157 ORDINANCE NO. 09-21 AN ORDINANCE APPROVING A WATER SERVICE AGREEMENT WITH THE YMCA OF THE ROCKIES WHEREAS, the Town owns and operates a municipal water treatment and distribution system and supplies treated water to consumers located in the Town and the unincorporated portion of Larimer County commonly known as the Estes Valley; and WHEREAS, the YMCA of the Rockies desires an alternative to operating its own water treatment facility to supply its water demands, due to the ongoing resources and expertise that are necessary to operate such a facility; and WHEREAS, the Town and YMCA desire to enter into an agreement to provide for the delivery of potable water to YMCA by the Town on a master-meter/bulk sale basis; and WHEREAS, section 13.24.120(b) of the Estes Park Municipal Code requires that applicants for water service outside the boundaries of the Town whose property is not eligible for annexation must agree to annex to the Town when their property becomes eligible; and WHEREAS, the YMCA of the Rockies is not currently eligible for annexation, and the Town does not intend to annex the YMCA’s property without its consent at any point during the term of the agreement, due to the unique size and self-sufficiency of the YMCA campus within the Estes Valley; and WHEREAS, section 13.24.120(b) is therefore inapplicable to this agreement; and WHEREAS, the YMCA will pay the Town, on a monthly basis, a payment in lieu of the sales tax revenue that would be due if the YMCA were annexed in an amount equal to 2.25% of all of taxable sales at the YMCA of the Rockies. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Board approves, and authorizes the Mayor to sign, the water service agreement referenced in the title of this resolution in substantially the form now before the Board. Amendments to the agreement may be approved by resolution or motion of the Board. Section 2: To the extent only that they conflict with this Ordinance, the Board repeals any conflicting ordinances or parts of ordinances. Section 13.24.120(b) of the Attachment 1 Page 158 Estes Park Municipal Code shall remain in full force and effect with regard to other applications for water service. The provisions of this Ordinance are severable, and invalidity of any part shall not affect the validity or effectiveness of the rest of this Ordinance. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2021. 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 159 WATER SERVICE AGREEMENT This Water Service Agreement (“Agreement”) is entered into this __ day of , 2021, by and between the Town of Estes Park, a Colorado statutory town, acting by and through its Water Activity Enterprise (“Town”), and YMCA of the Rockies, a Colorado nonprofit corporation (“YMCA”). Town and YMCA may sometimes be referred to herein individually as a “Party” or collectively as “Parties.” RECITALS WHEREAS, YMCA owns and operates the YMCA of the Rockies Estes Park Center (“Center”), which provides outdoor-oriented recreational and programming activities in a Christian environment, including lodging and cabin facilities, within a property comprising approximately 725 acres in Larimer County, Colorado; WHEREAS, YMCA owns water rights, including units in the Colorado-Big Thompson Project (“C-BT”) pursuant to allocation contracts with the Northern Colorado Water Conservancy District (“Northern”), that YMCA utilizes, via an existing water treatment facility at the Center, to satisfy water demands associated with the Center, including providing treated water to privately-owned cabin properties located within the boundaries of the Center (“Inholdings”); WHEREAS, YMCA desires an alternative to operating its water treatment facility to supply the water demands of the Center, due to the ongoing resources and expertise that are necessary to operate such a facility; WHEREAS, the Town owns and operates a municipal water treatment and distribution system and supplies treated water to consumers located in the Town and the unincorporated portion of Larimer County commonly known as the Estes Valley; WHEREAS, the Town and YMCA desire to enter into this Agreement to provide for the delivery of potable water to YMCA by the Town on a master-meter/bulk sale basis, as more fully set forth herein; and WHEREAS, the Town and YMCA have previously entered into a Temporary Water Supply Agreement on April 29, 2019, and the agreement remains in full force and effect. The Parties intend that it will remain in effect, under its own terms, until and following commencement of water service to the YMCA under this Agreement. The Temporary Water Supply Agreement sets the terms for temporary, emergency water service to the YMCA at a different location and at a different rate than contemplated in this Water Service Agreement. The Parties intend to update the Temporary Water Supply Agreement if necessary to conform to this Agreement, and in the event of a conflict between the two agreements this Agreement shall control. No conflict exists merely by virtue of the Temporary Water Supply Agreement providing another means for the Town to supply water to the YMCA. Attachment 2 Page 160 2 AGREEMENT Accordingly, in consideration of the above recitals and of the mutual covenants, agreements and promises set forth herein, the Town and YMCA agree as follows: 1. Definitions. In addition to the defined terms set forth in the above recitals, which are incorporated herein, the following definitions shall apply to this Agreement: 1.1 “Effective Date” shall mean the date on which this Agreement is executed by the last required signatory. 1.2 “Metering Point” shall mean the measuring and cross connection control point at which the Town is obligated to deliver Treated Water to YMCA, and beyond which YMCA assumes all responsibility for distribution of Treated Water within the YMCA Service Area. 1.3 “Treated Water” shall mean water treated to applicable mandatory federal and state drinking water standards for use in a municipal potable water supply system. 1.4 “YMCA Service Area” shall mean the area within the boundaries of the Center, as more fully described on the attached Exhibit A, including the Inholdings. YMCA warrants that, by the date of commencement of water service, the YMCA Service Area will be wholly within the boundaries of the Northern Colorado Water Conservancy District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District. If parcels within the YMCA Service Area are outside of the district or subdistrict at the time of commencement of water service, the YMCA agrees to not provide those parcels water until they are within the boundaries. 2. Treated Water Service. Subject to the terms and conditions of this Agreement, the Town shall furnish Treated Water to the YMCA at the Metering Point for use within the YMCA Service Area. The Treated Water to be delivered by the Town pursuant to this Agreement shall only be used for lawful uses for which the Town’s water rights have been decreed and pursuant to the terms and conditions of this Agreement. All use of the Treated Water shall be consistent with the Town’s water conservation ordinances and other rules, regulations, policies, and ordinances adopted by the Town regarding water service, as in effect now or as hereafter adopted. 3. Compliance with Drinking Water Standards. The Treated Water to be furnished by the Town shall be potable water, which complies with applicable mandatory federal and state drinking water standards. 3.1 This Agreement shall not impose any higher duties or financial obligations on the Town with respect to the quality of the Treated Water provided to the YMCA than those the Town otherwise owes in providing Treated Water to customers within the Town’s service area. Page 161 3 3.2 If there is any incident in which the Treated Water governed by this Agreement fails to comply with applicable mandatory federal and state drinking water standards, then the Party responsible for such non-compliance shall bear all costs associated with any regulatory and, if applicable, third-party liability arising out of such incident, including the costs of defense incurred by both parties. Responsibility for non-compliance shall be determined using the records of water quality monitoring and sampling at the Metering Point. If such records demonstrate that the Treated Water at the Metering Point complied with applicable mandatory federal and state drinking water standards at the time of the incident, then the YMCA shall be deemed responsible for the incident. If such records demonstrate that the Treated Water at the Metering Point did not comply with applicable mandatory federal and state drinking water standards at the time of the incident, then the Town shall be deemed responsible for the incident. This paragraph shall not be deemed to impose strict or absolute liability on either Party or waive any defenses available to either Party, including but not limited to those available to the Town set forth in the Colorado Governmental Immunity Act. 4. No Guarantee of Pressure. The Town makes no promise or guarantee of water pressure except as required to deliver water to the Metering Point in accordance with this Agreement. 5. Limitations on Location of Use, Resale, and Commingling. The YMCA shall not distribute Treated Water to persons or parties outside the YMCA Service Area without the prior written consent of the Town. Nor shall the YMCA provide Treated Water for resale by others. The YMCA shall not commingle water from other sources within the YMCA’s water distribution system without the prior written consent of the Town. 6. YMCA Operational Obligations. 6.1 Metering. YMCA agrees that deliveries of Treated Water to any and all Inholdings shall be individually metered. Such meters shall be tested, calibrated, and replaced in accordance with standards established by the Colorado Public Utilities Commission (“PUC”). YMCA shall maintain records of deliveries of Treated Water to individual Inholdings, and shall make such records available to the Town upon request. 6.2 Service Area. YMCA shall not expand the area of the YMCA Service Area without the prior written consent of the Town. 6.3 System Maintenance. YMCA shall maintain the distribution system used to provide water service within the YMCA Service Area in good repair, and use commercially reasonable efforts to prevent losses consistent with industry standards. 6.4 Sole Source. YMCA agrees that Treated Water delivered pursuant to this Agreement shall be the sole source of potable water delivered to YMCA’s customers within the YMCA Service Area during the term of this Agreement. 7. Conditions Precedent. The Town’s obligation to deliver Treated Water to YMCA Page 162 4 shall not commence until the occurrence of the following conditions precedent: 7.1 Location of Metering Point. The Town and YMCA shall determine and agree on a location for the Metering Point. 7.2 Project Schedule. Within thirty (30) days of the Effective Date, YMCA shall provide the Town with a schedule of project milestones, including estimates for timing of approval, design, and construction of the connection to the Town’s water system, as described below. 7.3 Connection. No later than December 31, 2021, the YMCA shall construct and install, at the YMCA’s expense, all lines, facilities and equipment necessary to deliver Treated Water to YMCA at the Metering Point, including but not limited to a back-flow prevention device(s) approved by the Town, and subject to the Town’s design, materials and construction specifications. No later than thirty (30) days prior to such construction and installation, the YMCA shall submit connection design plans to the Town for review, and no such construction and installation shall commence until the plans are approved by the Town. The Town shall notify the YMCA within 14 days of receipt of the construction design plans whether it approves or disapproves of the plans, and approval shall not be unreasonably withheld. A failure of the Town to respond within 14 days will be deemed approval. The YMCA shall timely pay all fees imposed by the Town in connection with reviewing and approving the water system design plans. At the time of connection to the Town, the treatment facility currently providing treated water service within the YMCA Service Area shall be disconnected and remain disconnected for the duration of this Agreement. 7.4 Pump Station Project Schedule. No later than July 12, 2021, YMCA shall deliver to the Town its project schedule for connection to the Metering Point. YMCA shall be responsible for and shall bear the costs associated with obtaining construction permits and approvals. 7.5 Transfer of C-BT Water. YMCA shall prepare and submit to Northern an application to transfer thirty-two (32) of YMCA’s C-BT Units (“Units”) to the Town, together with any additional documents required to obtain Northern’s approval of the transfer of the 32 Units to the Town. The Town shall cooperate fully with YMCA to submit and/or execute and deliver to Northern all documents required by the Northern to effectuate the transfer of the 32 Units to the Town. The Parties will make a good faith effort to prepare and submit such application by July 1, 2021, which is considered by Northern to be the last day for inclusion on the docket for the regularly-scheduled meeting of the Northern Board of Directors to be held on August 12, 2021. In the event Northern does not approve the transfer of the 32 Units to the Town, the Parties shall negotiate an amendment to this Agreement providing for an alternative to the 32 Units, and if, after a reasonable amount of time their negotiations are unsuccessful, then this Agreement shall terminate. The Town shall not transfer the 32 Units that are subject to this Agreement prior to termination of this Agreement without the written consent of the YMCA. 8. System Development Charge. YMCA shall pay to the Town a System Development Charge of $1,007,438.00, which shall be payable in annual installments. The Page 163 5 YMCA shall pay to the Town the first annual payment of $100,743.80 within thirty (30) days of the date that water service commences. The YMCA shall pay to the Town each subsequent annual payment on the anniversary of the date that water service commences over ten years based on a 3% interest rate as calculated by the Town’s Finance Director. Once the Town receives the first annual payment as described above, the Town will provide the YMCA with an amortization table for the remaining payments in substantially the form as attached hereto as Exhibit B, but with the corresponding payment due dates included. 9. Percentage Service Fee 9.1 Background. The YMCA Service Area is located in unincorporated Larimer County and, therefore, no sales taxes are paid to the Town in connection with the YMCA’s operations within the YMCA Service Area. In view of the foregoing, as partial consideration for the provision by the Town of Treated Water to the YMCA at the Metering Point for use within the YMCA Service Area, YMCA will pay the Percentage Service Fee as provided in this Section 9 below. 9.2 Obligation to Pay Percentage Service Fee. Beginning on the date of commencement of the provision of Treated Water to the YMCA pursuant to this Agreement and continuing until the expiration or earlier termination of the Agreement (except as provided in Section 9.3 below) described in Section 18 (the “Percentage Service Fee Term”), YMCA shall pay to the Town, without notice or demand, within thirty (30) days after the end of each month of the Term a sum equal to 2.25% multiplied by the Net Taxable Sales for the preceding month (the “Percentage Service Fee”) generated from operations by YMCA within the YMCA Service Area. Concurrently therewith, YMCA will deliver to the Town a copy of the Colorado Retail Sales Tax Return filed under the Colorado Sales and Use Tax System (SUTS) for the preceding month filed with the Colorado Department of Revenue Online with respect to operations by YMCA within the YMCA Service Area (each, a “YMCA Service Area SUTS Return”); provided, however, if the Colorado Department of Revenue no longer uses the online system, a comparable successor system or form setting forth substantially the same information and reasonably acceptable to the Town and YMCA shall be substituted therefore. If the Percentage Service Fee Term commences after the beginning or expires before the end of a calendar month, any amount payable by YMCA under this Section with respect to that calendar month shall be adjusted proportionately on a daily basis. 9.3 Elimination of Percentage Service Fee in the Event of Annexation or Sales Tax Liability. Notwithstanding the Percentage Service Fee Term set forth in this Section above, in the event all or any of the property within the YMCA Service Area is annexed into the Town or the YMCA otherwise becomes obligated to pay to the Town sales taxes in connection with its operations, the Percentage Service Fee Term shall expire with respect to such annexed portion of land on the effective date of such annexation or commencement of such sales tax liability. 9.4 Defined Term. 1. Net Taxable Sales. As used in this Agreement, the term “Net Taxable Sales” shall mean gross taxable sales as defined and delimited by the Page 164 6 State of Colorado at such time under section 39-26-102(5) or any successor state law or regulation, less any sales which are deductible or exempt from taxation for purposes of sales tax levied by the State of Colorado. 2. The intent of the Parties is that this calculation should remain the same regardless of whether the State renames or restructures the state sales tax. Accordingly, if the State of Colorado at a future date restructures its sales tax system so as to divide the current sales tax into two or more taxes, each levied on the basis of a portion of the basis for the current state sales tax, then the basis for the Percentage Service Fee shall remain the sum total of those component tax bases. 9.5 YMCA’s Records. YMCA shall utilize, or cause to be utilized, an accounting system for the Center in accordance with its usual and customary practices, and in accordance with generally accepted accounting principles, that will accurately record all data necessary to compute the Percentage Service Fee, and YMCA shall retain, for at least three (3) years after the delivery of each YMCA Service Area SUTS Return or successor form reasonably adequate records, and all records required to be retained by the State of Colorado, conforming to such accounting system showing all data necessary to compute the Percentage Service Fee that was the subject of the applicable YMCA Service Area SUTS Return. 9.6 Review by the Town. Within three years after the receipt of any YMCA Service Area SUTS Return, the Town or its designated representative, at the Town’s expense, shall be entitled to inspect or audit all YMCA’s records reasonably required to verify the YMCA’s Net Taxable Sales set forth in such YMCA Service Area SUTS Return after five (5) business days’ advance written notice to the YMCA. The YMCA shall make all such matters available for such examination at the Center, subject to any prohibitions or limitations on disclosure of any such data under applicable legal requirements. If any such inspection or audit correctly discloses a deficiency in the payment of the Percentage Service Fee, YMCA shall promptly pay to the Town the amount of the deficiency after the result of such audit is finally determined. 9.7 Adjustment. If any government authority shall increase the Net Taxable Sales reportable by YMCA, after audit, for any period during the Percentage Service Fee Term, then YMCA shall notify the Town promptly of such increase and shall promptly pay any additional Percentage Service Fee due. If any audit or contest results in a decrease in the Net Taxable Sales reported by YMCA on any YMCA Service Area SUTS Return, following receipt by the Town of written notice of such decrease, reasonable supporting documentation, and notice of YMCA’s election of remedies, the Town will either (i) promptly refund any overpayment of the Percentage Service Fee due or (ii) credit the overpayment of the Percentage Service Fee due against the Percentage Service Fee next coming due, as elected by the YMCA. 9.8 Confidentiality. Subject to the Colorado Open Records Act and any other applicable laws, the Town shall treat any information obtained from such YMCA Service Area SUTS Return, audits or inspections as confidential, and the Town shall not disclose the information except to carry out the purposes of this Section; but the Town may divulge the Page 165 7 contents of any such YMCA Service Area SUTS Return, audits or inspections in connection with any administrative or judicial proceedings in which the Town is involved and in which such information is an issue. The Town may use aggregated information from the YMCA as necessary to prepare its own documents for budget purposes. 9.9 Survival. The obligations of YMCA contained in this Section shall survive the expiration or earlier termination of this Agreement. 10. Rates. YMCA agrees to pay the rate for Treated Water calculated by the Town based on the results of the incorporation of the YMCA level of service requirements to the Town’s most recently completed rate and cost of service analysis in a manner that is consistent with the methodology used in the rate study attached as Exhibit C to this Agreement. The Town shall take the recommendations in the rate study regarding future rates and charges into full and due consideration throughout the term of this Agreement. The Parties acknowledge, however, that changing circumstances over time may render such recommendations inappropriate and inapplicable. 11. Payment and Billing. The Town shall read the measuring and recording device(s) installed at the Metering Point on a monthly basis and shall bill YMCA for such measured amount of Treated Water in the same manner as the Town bills its other customers. In the event of failure of the measuring and recording device(s), billing shall be estimated based on historic use or other reasonable means of estimation. YMCA shall be solely responsible for any billing of Inholdings within the YMCA Service Area and the collection of such charges. 12. Metering Point. 12.1 Location and Access. Treated Water from the Town shall be delivered to the YMCA at the Metering Point, the location of which shall be determined, as set forth in Section 7.1 above. To the extent the connection facilities and equipment associated with the Metering Point are located on YMCA property, YMCA authorizes the Town to access, read the meter, inspect, and as may be necessary, make emergency repairs to such facilities and equipment. 12.2 Ownership. 12.2.1 Town’s Water System. The Town shall maintain complete and unilateral control over its water diversion, treatment and distributions systems, within or without the Town’s corporate limits, now owned or hereafter acquired by the Town through purchase, construction or otherwise. 12.2.2 YMCA’s Water Distribution System. YMCA shall own and be solely responsible for the construction, operation, maintenance and replacement of the system for water distribution within the YMCA Service Area. YMCA shall be solely responsible for complying with any and all water quality design, construction and other regulatory requirements applicable to such system, including any applicable mandatory federal and state drinking water standards. YMCA’s water distribution system, beginning with its cross-connection control Page 166 8 device at the connection to the Town’s system, shall be a consecutive system under all state laws and regulations, and YMCA shall comply with all laws and regulations pertaining to consecutive systems. 12.2.3 Metering Point. YMCA shall, at its expense, construct, install, replace, and own, all facilities and equipment located at the Metering Point, including, without limitation, meters, data recording and transmission systems, and the back-flow prevention device(s). YMCA shall also be solely responsible for providing electricity to any pump station(s) necessary to deliver Treated Water beyond the Metering Point within the YMCA Service Area. 12.3 Operation and Maintenance. YMCA shall be responsible for the operation and maintenance of the Metering Point, including, without limitation, annual backflow testing and an initial survey as required by state regulations, and all costs associated with such operation and maintenance. The Town may access the Metering Point to test and calibrate measuring device(s) at the Metering Point in accordance with the standards established by the American Water Works Association. 12.4 Records and Accounting. The Town shall be responsible for maintaining records and accounting of the Town’s diversions and delivery to YMCA of Treated Water at the Metering Point, and such records and accounting shall be provided to YMCA upon request. 13. No Right in Systems or Other Party’s Water Rights. The Town’s water system and the Town’s water rights are owned by Town. The YMCA’s water distribution system and water rights are owned by the YMCA, except as provided in Section 7.5. Nothing in this Agreement shall be construed as a grant by either Party of any exclusive right or privilege. The YMCA acknowledges and agrees that nothing in this Agreement is intended or should be construed to grant the YMCA any interest or ownership in the Town’s water system, the Town’s water rights, or any other Town facility or asset. The Town acknowledges and agrees that nothing in this Agreement is intended or should be construed to grant the Town any interest or ownership in the YMCA’s water distribution system, YMCA’s water rights (except as set forth in Section 7.5), or any other YMCA facility or asset. Treated Water provided pursuant to this Agreement does not include the right to make a succession of uses of the Treated Water, and upon completion of the primary use of the Treated Water, all dominion over the water provided reverts completely to the Town. YMCA shall cooperate with the Town in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. If required as part of any proceedings before the Colorado Division of Water Resources or water court, YMCA shall fund any studies concerning water use within the YMCA Service Area. 14. Insurance. The parties will procure and maintain in full force and effect such insurance or self-insurance for claims arising from the operation of their respective water supply and distribution systems, including but not limited to, workers’ compensation, automobile liability and general liability. 15. Compliance with Rules, Regulations and Ordinances. YMCA and its successors Page 167 9 in interest shall be bound by, and all Treated Water provided pursuant to this Agreement shall be subject to, all applicable provisions of the Charter of the Town, if any is adopted, the Town Code, as well as all applicable rules, regulations, policies, and ordinances of the Town now in effect or as may be hereafter adopted. All charges and rates due from the YMCA under this Agreement shall be paid and collected as for any other water service customer of the Town. Section 13.32.080 of the Estes Park Municipal Code, or as hereafter amended, shall apply to all rates and charges under this Agreement, including the System Development Charge and interest due thereon, as well as any payment of water rights fees as described in Section 16(a). YMCA shall use commercially reasonable efforts to assist the Town to enforce the Town’s rules, regulations, policies and ordinances made to protect the purity, safety and supply of water delivered pursuant to this Agreement, including curtailment during times of shortage, and take commercially reasonable efforts to limit any potential cross-connections, and the utilization of water conservation devices as set forth in the Town Code. YMCA agrees to make commercially reasonable efforts to minimize unnecessary or unreasonable waste of the delivered Treated Water within the YMCA Service Area. 16. Future Review of Water Use. The C-BT transfer requirements set forth in Section 7.5 above are based on the YMCA’s 2019 Treated Water usage of 50,529,442 gallons. The Town reserves the right to review actual deliveries of Treated Water to YMCA. If actual annual deliveries exceed 55,000,000 gallons on a three-year moving average for two consecutive years, as calculated by the Town, then the Town may: (a) require the transfer of additional C-BT units or payment of water rights fees by YMCA, the number and amount of which shall be calculated in the same manner as applicable to all other Town customers, (b) apply a tiered rate schedule to amounts of Treated Water exceeding the estimated annual Treated Water demand, (c) require additional system development charges if peak month average day usage exceeds 260,000 gallons per day for two consecutive years, and/or (d) if additional demands result from uses within the YMCA Service Area that are inconsistent with conditions of the Town’s water rights decrees, the Town may curtail or cease delivery of Treated Water. Once all such payments and/or transfers of water rights have been made, such ceilings on deliveries and usage shall rise commensurately as calculated and communicated by the Town, and further payments and transfers would only be required should the YMCA’s deliveries or usage exceed the new ceilings as adjusted. Such payments may be made either in a lump sum or by such other method as the Parties may agree in writing, which could include amortized payments with interest. 17. Enforcement by Town. The Town and YMCA recognize and agree that the Town has the right to enforce its rules, regulations, policies and ordinances as the same may apply to construction, operation, and maintenance of the Metering Point, water service and water use, and the terms of this Agreement by the disconnection of the supply of Treated Water provided hereunder. Procedures for such disconnection shall be as provided in the Town Code and applicable rules, regulations, policies and ordinances at the time of the disconnection. Additionally, in the event YMCA violates the rules, regulations, policies or ordinances of the Town, or terms of this Agreement, the Town shall have all remedies available to it at law or in equity, and as provided in the Town Code. Without limiting the foregoing rights and remedies, YMCA agrees the Town may also enforce such rules, regulations, policies or ordinances by injunction, the parties agreeing that the damages to the Town from such violations are irreparable, and there is no adequate remedy at law for such violations. The YMCA will be Page 168 10 treated like other Town customers in this regard. The Town shall be free from any liability arising out of the exercise of its rights under this paragraph. 18. Term. The term of this Agreement shall be for sixty (60) years from the Effective Date. The parties intend to meet at least twice before the planned end of the term, both seven and five years before the planned termination, to discuss in good faith a new or extended agreement to continue water service. No earlier than seven years and no later than three, it is incumbent on each Party to notify the other of the impending expiration of the term and to request to meet. Each Party shall make best efforts to plan to make such notice, and shall not intentionally neglect to notify the other. If neither Party has made such notice by three years before the planned end of the term, the term shall automatically be extended by two years. If no such notice has been made before sixty-one (61) years from the Effective Date of this Agreement, then the term of this Agreement shall automatically be extended until one year after either Party notifies the other of the lapse of the original term of the Agreement. Regardless of when the Agreement ultimately terminates, the parties shall renegotiate in good faith in an attempt to find a mutually agreeable arrangement to continue water service. 19. Termination. 19.1 Termination by Agreement. Except as provided to the contrary herein, this Agreement shall only be terminated in writing by mutual agreement. In the event of termination of this Agreement, for any reason, the Town shall retain all fees paid by the YMCA pursuant to this Agreement. 19.2 Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal law, the Town Code and the terms and conditions of the Town’s water rights decrees. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with state and federal law, the Town Code or the terms and conditions of the Town’s water rights decrees, or is declared invalid by a court of competent jurisdiction, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with state and federal law, the Town Code or the terms and conditions of the Town’s water rights decrees as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. 19.3 Termination Following Breach. Termination following breach shall be permitted as described in Section 21. 19.4 Return of YMCA CB-T Water. Upon termination of this Agreement the Town shall transfer the 32 C-BT Units back to YMCA. If the YMCA transfers additional C-BT units as a result of the provisions of this Agreement in the future, those additional C-BT units will also be transferred from the Town back to the YMCA upon termination. 20. Curtailment. YMCA acknowledges that the availability of the Treated Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply from year to year, and which can be affected by causes beyond the Town’s control and Page 169 11 that the Town’s obligation to provide Treated Water shall be dependent on the normal operation of the Town’s water system. Accordingly, the Town will be relieved of its obligation to provide Treated Water pursuant to this Agreement and deliveries of Treated Water pursuant to this Agreement may be curtailed by the Town during: 1) times of drought, 2) force majeure events, or 3) times when the Town’s water system is not capable of providing Treated Water to YMCA, for reasons including but not limited to water quality, main breaks, water shortage, water rationing, major fire, failure or inability of the Town’s Treatment Plants to treat water, or the provision of Treated Water to YMCA would be detrimental to the Town’s existing customers. The Town shall use best efforts to inform YMCA of any event which it reasonably foresees may cause an interruption in deliveries pursuant to the events 1-3, above. The Town shall notify YMCA, in writing, of any curtailment of deliveries under this Agreement and shall include in such notice the reasons for curtailment, the extent of the curtailment, and a reasonable estimate of the length of such curtailment. Additionally, YMCA is subject to section 13.24.120(a) of the Estes Park Municipal Code, as may be amended. Accordingly, use of water outside the Town limits shall be subject to the paramount rights of users within the Town limits, and in case there shall be insufficient water to provide for users both within and without the Town limits, the Town Board of Trustees may reduce, curtail or shut off the users outside the Town limits during such period of water shortage or scarcity. The Town shall not reduce, curtail, or shut off water service to the YMCA to any greater extent than the Town does for other water users outside the Town limits. 21. Default. If either Party to this Agreement fails to perform or otherwise breaches any of the covenants, terms, conditions, or obligations of this Agreement, then such failure shall constitute a default. In the event of a default by either Party, the non-defaulting Party shall provide written notice of the default to the defaulting Party, in accordance with the notice requirements of this Agreement. Following such written notice, the defaulting Party may cure the default within thirty (30) days, or within any longer period of time to which the non-defaulting Party agrees in writing (collectively the “Cure Period”). Upon cure, this Agreement shall remain in full force and effect. If the defaulting Party fails to cure, the non-defaulting Party shall be entitled to any and all legal and equitable remedies, including but not limited to any specific remedies provided for in this Agreement. Without limiting the foregoing, if the defaulting Party fails to cure within the Cure Period, the non-defaulting Party may terminate this Agreement by written notice to the defaulting Party. Upon termination, any other agreement then in effect, such as an agreement to provide temporary or emergency water service, may still allow for provision of water under its terms. 21.1 Remedies for Failure to Make Payment. If, following the notice and Cure Period set forth above, YMCA is in default for failure to make any payment required by this Agreement, together with any accrued late payment charges, then the Town may suspend the delivery of Treated Water to YMCA until such payment is made. 21.2 No Implied Waiver. No failure by a Party to insist upon strict performance of any term, covenant or provision contained in this Agreement shall constitute a waiver of any such term, covenant or provision unless such waiver is made in writing by the Party to be bound hereby. Any waiver of a breach of a term or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a default under this Agreement, from having all the force and effect of a default. Page 170 12 22. Indemnification. YMCA shall bear all responsibility for its use of the Treated Water provided under this Agreement, together with the costs associated therewith. YMCA shall defend, indemnify and hold harmless the Town from and against any and all damages, claims, losses, obligations, other costs, and other liabilities arising out of YMCA’s use of the Treated Water provided under this Agreement, except for those caused by Treated Water not meeting state or federal regulations at the point and time of delivery by the Town to the Metering Point. 23. Notices and Payments. All notices, payments and other communications under this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such notices and communications and all payments shall be deemed to have been duly given on the date of service, if delivered and served personally, or served via electronic means (with respect to notices and communications only) on the person to whom notice is given; on the next business day after deposit for overnight delivery by a courier service such as Federal Express; or on the third day after mailing, if mailed to the Party to whom payment and notice is to be given by first class mail, postage prepaid, and properly addressed as follows: The Town: Finance Officer Town of Estes Park P.O. Box 1200 170 MacGregor Ave. Estes Park, CO 80517 With a Copy to: Town Attorney Town of Estes Park P.O. Box 1200 170 MacGregor Ave. Estes Park, CO 80517 The YMCA: YMCA of the Rockies Attn: Accounts Payable 2515 Tunnel Road Estes Park, CO 80511 With a Copy to: YMCA of the Rockies Attn: VP/CFO 2515 Tunnel Road Estes Park, CO 80511 Persons and addresses to which notices are to be sent may be changed by the same method. 24. Governmental Immunity. Nothing in this Agreement shall be construed to waive the Town’s protection from liability or the limitations on its liability due to its sovereign Page 171 13 immunity under the Colorado Governmental Immunity Act or otherwise. 25. No Regulated Public Utility Status. The parties agree that by this Agreement the Town does not become a regulated public utility compelled to serve other parties similarly situated. YMCA agrees that neither it nor its successors in interest shall at any time petition the Colorado Public Utilities Commission (PUC) to acquire jurisdiction over any water rate set by the Town or to assert or support any statement, policy, rulemaking, or legislation attempting to place the Town’s municipal water supply system under the rate making authority or jurisdiction of the PUC or other regulatory entity. The parties agree that in the event the Town is held to be a regulated public utility and/or placed under the rate making authority or jurisdiction of the PUC or other regulatory entity by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 26. No Third-Party Beneficiaries. This Agreement is for the sole benefit of and binds the Parties, their successors, and assigns. This Agreement affords no claim, benefit, or right of action to any third party. Any person besides the Town or YMCA receiving services or benefits under this Agreement is only an incidental beneficiary. 27. No Third-Party Enforcement. Only the Town and YMCA, as parties to this Agreement, shall have the right to bring an action to enforce the respective rights and obligations under this Agreement. No other third party shall have the right or standing to enforce the terms of this Agreement, directly or by derivative action on behalf of either Party. 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of litigation over this Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for Larimer County, State of Colorado. 29. Force Majeure. YMCA acknowledges that the availability of the Treated Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply, and which can be affected by causes beyond the Town’s control. Moreover, the Town shall not be liable for any delay or failure to perform its obligations under this Agreement caused by an event or condition beyond the reasonable control of, and without the fault of the Town, including without limitation failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, pandemic, contamination, war, terrorist act, riot, civil disturbance, labor disturbance, accidents, sabotage, or restraint by court or restrictions by other public authority which delays or prevents performance (including but not limited to the adoption or change in any rule, policy, or regulation or environmental constraints imposed by federal, state or local governments), which the Town could not reasonably have avoided by exercise of due diligence and foresight. Upon the occurrence of such an event or condition, the obligations of the Town under this Agreement shall be excused and suspended without penalty or damages, provided that the Town shall give YMCA written notice describing the particulars of the occurrence or condition, the suspension of performance is of no greater scope and of no longer duration than is required by the event or condition, and the Town proceeds with reasonable diligence to remedy its inability to perform and provides progress reports to YMCA describing the actions taken to remedy the consequences of the event or condition. The Town shall also, in good faith, make reasonable efforts to notify Page 172 14 the YMCA when it believes that such an event or condition is likely or imminent. 30. No Continuing Duty to Supply Water. The Town shall have no obligation to supply water to YMCA after this Agreement expires or is otherwise ultimately terminated, after any extension provided in Section 18. 31. No Agreement to Annex. YMCA does not, by virtue of entering into this Agreement, agree to annexation of its property by the Town. The Town acknowledges and agrees that, notwithstanding any authority granted by C.R.S. §31-12-121 or the Estes Park Municipal Code §13.24.120(b), it shall not be a condition to the Town’s entry into this Agreement or the provision to the Service Area of Treated Water that the YMCA or the owners of any of the Inholdings apply for or consent to the annexation of all or any portion of the Service Area to the Town at such future date as the Service Area, or any portion thereof, becomes eligible for annexation into the Town pursuant to Colorado law. Furthermore, the Town and YMCA acknowledge and agree that, as of the Effective Date, neither YMCA nor the owners of any Inholdings have applied for or consented to the annexation of all or any portion of the Service Area to the Town at such future date as the Service Area, or any portion thereof, becomes eligible for annexation into the Town pursuant to Colorado law. The Town also hereby expresses its nonbinding albeit strong intent not to forcibly annex YMCA property within the Service Area during the term of this Agreement. 32. Amendment; Assignment. No amendment or modification of this Agreement shall be of any force or effect unless in writing and executed by the Parties hereto with the same formality as this Agreement. Neither YMCA nor the Town may assign its rights or obligations under Agreement without the prior written consent of the other Party. 33. Independent Contractors. The Parties expressly understand and agree that YMCA is acting as an independent contractor unrelated to the Town. Nothing in this Agreement is intended to create a relationship, express or implied, of employer-employee, joint ventures or principal-agent between the Town and YMCA. 34. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile and electronic signatures shall be acceptable and binding upon all Parties. 35. Headings. All paragraph headings used herein are for the convenience of the Parties and shall have no meaning in the interpretation or effect of this Agreement. 36. Negotiated Provisions. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both the Town and YMCA have contributed substantially and materially to the preparation of this Agreement. 37. Authority. The Parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. Page 173 15 38. Financial Obligations. All of the Town’s financial obligations under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the Town’s credit, or a payment guarantee by the Town to YMCA. YMCA of the Rockies: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the YMCA of the Rockies, a Colorado nonprofit corporation, on behalf of the corporation, this day of , 2021. Witness my hand and official Seal. My Commission expires . Notary Public Page 174 16 Town of Estes Park: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2021. Witness my hand and official Seal. My Commission expires . Notary Public ATTEST Town Clerk APPROVED AS TO FORM: Town Attorney Page 175 EXHIBIT A YMCA Water Service Area Page 176 2 The map above reflects the YMCA Water Service Area. The service area consists of YMCA-owned parcels of land and Inholder- owned parcels of land. What follows is a comprehensive listing of parcels included within the YMCA Water Service Area map as it is understood at the time of the agreement. MAPID PARCELNUM LOCADDRESS ACCTTYPE SUBNAME Larimer County SCHEDNUM TOWNSHIP RANGE SECTION QSCTN QQSCTN 1 3404306010 4N 73W 4 SW SE 2 3404100946 Exempt S4 T04 R73 566918 4N 73W 4 NE L 2 3 3404306005 2831 DORSEY DR Residential OVERLOOK 560413 4N 73W 4 SW SE 4 3404306910 278 DORSEY DR Exempt OVERLOOK 560464 4N 73W 4 SW SE 5 3404306009 179 LONGS TRL Residential OVERLOOK 560456 4N 73W 4 SW SE 6 3404306007 2840 DORSEY DR Residential OVERLOOK 560430 4N 73W 4 SW SE 7 3404306908 9 SCRABBIT WAY Exempt OVERLOOK 560448 4N 73W 4 SW SE 8 3404306906 534 RAINBOW DR Exempt OVERLOOK 560421 4N 73W 4 SW SE 9 3409100928 25 BUCKAROO CT Exempt S9 T04 R73 567159 4N 73W 9 NE SE 10 3404306004 2825 DORSEY DR Residential OVERLOOK 560405 4N 73W 4 SW SE 11 3405005703 Residential MICHENER MOUNTAIN LAND MLD S-103-90 1475436 4N 73W 5 SE NE 12 3405005702 3468 MOUNTAINSIDE DR Residential MICHENER MOUNTAIN LAND MLD S-103-90 1475428 4N 73W 5 SE NE 13 3405406701 3456 MOUNTAINSIDE DR Residential MICHENER MOUNTAIN LAND MLD S-103-90 AMD 1628030 4N 73W 5 SE NE 14 3404306002 2717 DORSEY DR Residential OVERLOOK 560383 4N 73W 4 SW SE 15 3404306033 2723 MESA DR Residential OVERLOOK 560545 4N 73W 4 SW SE 16 3404306003 2723 DORSEY DR Residential OVERLOOK 560391 4N 73W 4 SW SE 17 3404306001 2711 DORSEY DR Residential OVERLOOK 560375 4N 73W 4 SW SE 18 3404300032 73 BODY DR Partial Exempt S4 T04 R73 560359 4N 73W 4 SW SW 19 3405000023 Residential S5 T04 R73 560669 4N 73W 5 SE SW Page 177 3 MAPID PARCELNUM LOCADDRESS ACCTTYPE SUBNAME Larimer County SCHEDNUM TOWNSHIP RANGE SECTION QSCTN QQSCTN 20 3410000913 Exempt S10 T04 R73 567221 4N 73W 10 NW SW 21 3405000028 3420 MOUNTAINSIDE DR Residential S5 T04 R73 567043 4N 73W 5 SE NE 22 3410000914 Exempt S10 T04 R73 567230 4N 73W 10 NW SW 23 3409200022 3108 RAINBOW DR Residential S9 T04 R73 560839 4N 73W 9 NW NW 24 3405000020 MOUNTAINSIDE DR Residential S5 T04 R73 560634 4N 73W 5 SE NE 25 3405000017 TUNNEL RD Residential S5 T04 R73 560618 4N 73W 5 NE L 7 26 3405000016 TUNNEL RD Residential S5 T04 R73 560600 4N 73W 5 NE L 7 27 3409200008 3116 RAINBOW DR Residential S9 T04 R73 560731 4N 73W 9 NW NW 28 3409200023 3120 RAINBOW DR Residential S9 T04 R73 560847 4N 73W 9 NW NW 29 3409200022 3108 RAINBOW DR Residential S9 T04 R73 560839 4N 73W 9 NW NW 30 3409200011 3104 RAINBOW DR Residential S9 T04 R73 560740 4N 73W 9 NW NW 31 3409200005 295 LONGS TRL Residential S9 T04 R73 567078 4N 73W 9 NW NE 32 3404200031 204 COLEMAN RD Residential S4 T04 R73 566829 4N 73W 4 NW L 8 33 3404306023 110 LONGS TRL Residential OVERLOOK 560529 4N 73W 4 SW SE 34 3404306921 182 LONGS TRL Exempt OVERLOOK 560502 4N 73W 4 SW SE 35 3405000018 TUNNEL RD Residential S5 T04 R73 560626 4N 73W 5 NE L 7 36 3405000034 Residential S5 T04 R73 1296558 4N 73W 5 NE L 7 37 3404106901 69 HYDE CIR Exempt WESTERN CONFERENCE YMCA 560367 4N 73W 4 NE L 7 38 3409100901 21 BUCKAROO CT Exempt S9 T04 R73 567051 4N 73W 9 NE NE 39 3404306934 269 LONGS TRL Exempt OVERLOOK 560553 4N 73W 4 SW SE 40 3404306912 41 SCRABBIT WAY Exempt OVERLOOK 560472 4N 73W 4 SW SE 41 3404306019 212 LONGS TRL Residential OVERLOOK 560499 4N 73W 4 SW SE 42 3404300023 3100 RAINBOW DR Residential S4 T04 R73 560332 4N 73W 4 SW SW 43 3409200014 3112 RAINBOW DR Residential S9 T04 R73 560774 4N 73W 9 NW NW 44 3404300035 3080 RAINBOW DR Residential S4 T04 R73 566853 4N 73W 4 SW SW 45 3404306024 116 LONGS TRL Residential OVERLOOK 560537 4N 73W 4 SW SE Page 178 4 MAPID PARCELNUM LOCADDRESS ACCTTYPE SUBNAME Larimer County SCHEDNUM TOWNSHIP RANGE SECTION QSCTN QQSCTN 46 3405000924 1776 MOUNTAINSIDE DR Exempt S5 T04 R73 560677 4N 73W 5 SE SW 47 3405000922 Exempt S5 T04 R73 560642 4N 73W 4 SW NW 48 3404306036 160 LONGS TRL Residential OVERLOOK 560561 4N 73W 4 SW SE 49 3404306910 278 DORSEY DR Exempt OVERLOOK 560464 4N 73W 4 SW SE 50 3404306910 278 DORSEY DR Exempt OVERLOOK 560464 4N 73W 4 SW SE 51 3404300033 3090 RAINBOW DR 1 Residential S4 T04 R73 566837 4N 73W 4 SW SW 52 3409200031 293 LONGS TRL Residential S9 T04 R73 692387 4N 73W 9 NW NE 53 3404300034 3098 RAINBOW DR Residential S4 T04 R73 566845 4N 73W 4 SW SW 54 3404400036 88 FLOWER CIR Residential S4 T04 R73 566861 4N 73W 4 SE SW 55 3409200906 Exempt S9 T04 R73 567086 4N 73W 9 NW NE 56 3404400064 Partial Exempt S4 T04 R73 567027 4N 73W 4 SE SE 57 3404200022 353 ASSOCIATION DR Partial Exempt S4 T04 R73 560324 4N 73W 4 NW L 8 Page 179 EXHIBIT B AMORTIZATION OF SYSTEM DEVELOPMENT CHARGE Annual Interest Rate 3.00% Years 9 Payments Per Year 1 Start Date of Loan TBD 100,743.80$ Loan Amount 1,007,438.00$ Date Payment Number Payment Principal Interest Balance TBD 0 ($100,743.80)($100,743.80)$0.00 906,694.20 TBD 1 ($116,450.23)($89,249.41)($27,200.83)$817,444.79 TBD 2 ($116,450.23)($91,926.89)($24,523.34)$725,517.90 TBD 3 ($116,450.23)($94,684.70)($21,765.54)$630,833.21 TBD 4 ($116,450.23)($97,525.24)($18,925.00)$533,307.97 TBD 5 ($116,450.23)($100,450.99)($15,999.24)$432,856.98 TBD 6 ($116,450.23)($103,464.52)($12,985.71)$329,392.45 TBD 7 ($116,450.23)($106,568.46)($9,881.77)$222,823.99 TBD 8 ($116,450.23)($109,765.51)($6,684.72)$113,058.48 TBD 9 ($116,450.23)($113,058.48)($3,391.75)($0.00) Initial Loan Payment - Start of Loan Page 180 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 1 TECHNICAL MEMORANDUM To: Reuben Bergsten, Utilities Director Chris Eshelman, Water Superintendent The Town of Estes Park From: Shawn Gaddie AE2S Nexus Re: The Town of Estes Park – Water Service to YMCA Cost of Service and Rate Design Date: June 10, 2021 1.INTRODUCTION The YMCA is interested in becoming a wholesale water service contract customer of the Town of Estes Park (the Town) and is anticipated to connect to the Town’s system in 2021. Based on the level of service parameters for number of connections, average day, and peak day service needs provided by the YMCA, collectively referred to as level of service requirements, the Town retained AE2S Nexus to develop System Development Charge (SDC) and rates for service projections. The Town of Estes Park (Town) completed a System Development Charge (SDC) and Water Rights Fee study in 2016 (referred to herein as “2016 SDC Study”) and a Water Utility System Cost of Service and Rate Design Study in 2019 (referred to herein as “2019 Rate Study”). These studies, along with the YMCA’s level of service requirements will serve as the basis for SDC and rate for service determination. 2.LEVEL OF SERVICE REQUIREMENTS The YMCA has provided the following level of service values to the Town in relation to their proposed connection for wholesale contract service: •Number of Connections and Metering Points: Single Connection with one 3-inch meter •Annual Average Day Demand: 0.14 million gallons per day (MGD) •Peak Day/Max Month Average Day: 0.257 MGD* *YMCA’s historical Peak Day observed of 0.31 MGD is projected to be mitigated to 0.26 MGD through YMCA operation of existing on-site storage. Exhibit C Page 181 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 2 3. SYSTEM DEVELOPMENT CHARGE Water customers pay System Development Charges (SDCs) in recognition of past investments made by existing Town customers in the water system that will benefit new customers. The YMCA will also pay an SDC. The Town’s existing SDCs were established as part of the 2016 SDC Study. The initial SDC calculation for the YMCA was performed consistent with this analysis, with a few key methodology revisions for a segregated benefit cost allocation: • In recognition of the YMCA’s close location relative to the Town’s source of supply and treatment and the YMCA’s consecutive service obligations, calculation of the SDC was performed on a segregated basis to identify the YMCA’s capacity share of the Town’s equity of in-place assets that the YMCA will directly benefit from. • The Water Rights portion of the SDC was removed due to expected water rights to be provided by the YMCA. • Existing methodology considers both existing assets and future or expansion-related capital projects. YMCA SDC calculations are performed on cost for existing applicable assets only, with future applicable cost components assigned through future debt service and capital cost capacity share requirements of the proposed contract for service with the YMCA. Consistent with the Town’s past SDC methodology, the calculation of YMCA SDC followed the below four steps: 1. Determination of System Planning Criteria 2. Determination of Equivalent Residential Units 3. Calculation of Applicable System Components of Cost 4. Calculate applicable total System Development Charge based on YMCA’s user demand profile. 3.1. Determination of System Planning Criteria System Planning Criteria used in this analysis is consistent with the 2016 SDC Study and includes the following demand requirements per Equivalent Residential Unit (ERU): • Average Day Demand: 192 gallons/day per ERU • Peak Day Demand: 307 gallons/day/ERU • Storage Requirements: 240 gallons/ERU 3.2. Determination of Equivalent Residential Units The planning horizon of the 2016 SDC Study was 2015 to 2034. This analysis assumes the same starting and ending ERU amounts of 11,393 in 2015 and 15,527 in 2034. Page 182 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 3 3.3. Calculation of Applicable System Cost Components Methodology for revisions to the System Cost Components for YMCA SDC calculation is as follows, with resulting calculations presented in Table 1 through Table 4: • Source of Supply (Supply & Treatment): Existing System Cost only • Storage: Adjusted calculation applicable to YMCA includes cost/capacity for Glacier Water Tank only. • Transmission/Distribution Mains: Adjusted Calculation applicable to YMCA includes cost for Glacier WTF Transmission only. • General Plant: Proportional share of Existing General Plant assets applicable to the YMCA. Table 1: Source of Supply and Treatment Source of Supply and Treatment Supply and Treatment Plant – 2015 Replacement Value $21,430,644 Less: Debt Service Principal outstanding $4,330,821 Plus Cash Outstanding $2,012,472 Net Existing Plant $19,112,295 Current Capacity (Gallons per Day) 7,000,000 Cost per Gallon $2.73 Gallons per Day per ERU 307 Supply and Treatment Charge per ERU $838 Table 2: Storage Storage Storage – 2015 Replacement Value $1,341,274 Current Capacity (Gallons) 1,000,000 Cost per Gallon $1.34 Gallons per ERU 240 Storage Charge per ERU $322 Page 183 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 4 Table 3: Transmission and Distribution Transmission & Distribution Transmission & Distribution – 2015 Replacement Value $339,919 Total ERUs – 2034 15,527 Transmission & Distribution Charge per ERU $22 Table 4: General Plant Storage General Plant – 2015 Replacement Value $322,995 Total ERUs – 2034 15,527 General Plant Charge per ERU $21 Based on the applicable charge per ERU calculated for each system component above, the total charge per ERU applicable to YMCA is $1,203 as outlined in Table 5. Table 5: YMCA Applicable Charge per ERU Storage Charge per ERU Supply and Treatment $838 Storage $322 Transmission & Distribution $22 General Plant $21 Total Charge per ERU $1,203 3.4. Calculation of YMCA SDC YMCA’s initial SDC is calculated based on YMCAs provided level of service requirements. YMCA’s historical peak day demand of 257,134 gallons (from July of 2019) divided by peak day use of 1 ERU of 307 gallons per day, results in total ERUs assigned to YMCA of 838. At a total charge of $1,203 per ERU, YMCA’s calculated SDC is $1,007,438. It is recommended that Town charge this SDC through either a lump sum amount or through an amortization schedule with terms set to recognize increased infrastructure replacement value for the duration of the payment terms. Page 184 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 5 4. WATER COST OF SERVICE ANALYSIS 4.1. Methodology A Cost of Service Analysis (COSA) is used by utilities to evaluate the equitability of current rates in recovering costs from the user classes served based on level of service provided to each class. Rates are considered equitable when customer classes contribute revenues in line with the costs required to serve them. The YMCA was incorporated to analysis performed under the 2019 Rate Study to calculate annual cost required to serve them, and ultimately establish rates for service. The approach used in the 2019 Rate Study as well as this analysis follows recommended industry practices as outlined in the American Water Works Association (AWWA) Principles of Water Rates, Fees and Charges Manual of Water Supply Practices (M1) to allocate Test Year Revenue Requirements to the users of the system. This includes the following steps: 1. Cost Functionalization; 2. Cost Allocation; and 3. Cost Distribution Figure 1 outlines the COSA process used in this study in greater detail. With full documentation of the analysis included to the Water Utility System Cost of Service and Rate Design Study report. Based on YMCA level of service requirements, the YMCA was incorporated into the “Cost Distribution” step. The 2019 Rate Study was based on Test Year Revenue Requirements that were functionalized and allocated to the components of service as indicated below. These steps were not modified for this analysis, as only the Cost Distribution step required modification to incorporate the YMCA to the 2019 analysis. The revised Cost Distribution analysis and results are outlined in detail below. Figure 1: The COSA Process Page 185 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 6 4.2. Revised Cost Distribution Factors The final step in a COSA is the development and application of distribution factors to develop total distributed cost to each user or user class of the system. In order to distribute cost to the YMCA, each allocation category was reviewed for applicability to the YMCA. Ultimately, the YMCA was excluded from all Fire Protection costs, all general fund transfers, all franchise fees, and a portion of Transmission/Distribution costs. Transmission/Distribution costs were segregated based on YMCA applicable inch-diameter-miles (in-dia-mi) of transmission versus total in-dia-mi of transmission/distribution main. The town maintains 116 miles, or 836 in-dia-mi of transmission/distribution main and the YMCA will utilize 1-mi of 18” transmission main, or 18 in-dia-mi, equal to 2.5% of the total transmission/distribution system. A summary of total revenue requirements applicable to the YMCA for each Distribution category is provided in Table 6 below, with $3.4M of $5.3M total revenue requirements determined to be applicable to the YMCA. The calculation and resulting distribution of each type of cost and total cost applicable to the YMCA is discussed below. Table 6: Total Cost Allocation Function Commodity Capacity Actual Customer Customer Accounting Fire Protection Revenue Related Total Source of Supply $202,200 - - - - - $202,200 Purification $731,956 $421,118 - - - - $1,153,074 Distribution $4,647 $772,362 $614,723 - $153,681 - $1,545,413 Customer Accounts - - $13,466 $482,199 - $1,000 $496,665 Admin & General $174,806 $222,227 $116,970 $89,786 $28,616 $114,359 $746,764 Transfers - - - - - $149,042 $149,042 Debt Service $110,248 $140,156 $73,771 $56,627 $18,047 $11,421 $410,270 Direct Capital (Future – See Section 6)) NA TBD NA NA NA NA NA Indirect Capital $153,171 $194,723 $102,492 $78,673 $25,047 $15,867 $570,000 Total $1,377,028 $1,750,586 $921,422 $707,285 $225,418 $291,689 $5,273,428 YMCA Applicable $1,372,481 $994,859 $319,939 $707,285 - $39,527 $3,434,090 YMCA Not Applicable $4,547 $755,728 $601,484 - $225,418 $252,162 $1,839,838 4.2.1. Commodity Distribution Factor: Commodity-related costs are incurred based on the total quantity of water produced over the test year of service. Examples of costs that fall into this category are source of supply, chemicals, laboratory work, and electrical energy. This factor distributes costs based on average day usage for each customer class from the total annual metered consumption plus unaccounted for water. A differential of 1.0 to 1.6 is applied to the average day Page 186 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 7 usage for various customer classes to reflect the ownership risks and responsibilities carried by the Town or other special cost considerations. YMCA’s consumption of 50,529 thousand gallons (kgal) per year, or 0.14 mgd of average day use was used as the basis for commodity cost distribution to the YMCA. No unaccounted-for water was assigned to the YMCA as it is assumed only a negligeable amount of total system losses would occur in the small distance of transmission main to the YMCA connection point. In addition, a differential of 1.0 was maintained for the YMCA. Commodity cost distribution is presented in Table 7, for a total cost distributed to the YMCA of $103,275. Table 7: Commodity Cost Distribution Customer Class Consumption (kgals) Unaccounted for Water (26%) [1] Net Water Delivered (Flow + Losses) Average Day Use (MGD) Plus: Rural Differential Average Day Use (MGD) % of Total Total Estes Park 435,271 113,170 548,441 1.50 1.00 to 1.60 1.70 92% $1,269,206 YMCA 50,529 - 50,529 0.14 1.00 0.14 8% $103,275 Total 485,800 113,170 598,971 1.64 1.84 100% $1,372,481 [1] 26% unaccounted for water includes some bleeders, hydrant flushing, and typical system losses 4.2.2. Capacity Distribution Factor Capacity-related costs are incurred to provide the system’s current production capacity in times of peak demand. Capacity costs generally relate to additional capacity in the treatment facility or storage facilities that expand the system’s capacity to produce water outside of the average day use. The capacity distribution factor uses average day use and peaking factors to calculate the maximum day flow for each customer class. Capacity costs are distributed based on proportionate share of total maximum day flow for the system. YMCA’s peaking factor of 1.89 is based on a ratio of historical max month to average month water use. Capacity cost distribution is presented in Table 8, for a total cost distributed to the YMCA of $75,647. Table 8: Capacity Cost Distribution Customer Class Average Day Use (MGD) Peaking Factors Maximum Daily Flow (MGD) % Total Estes Park 1.70 1.65 to 2.57 3.18 92% $919,212 YMCA 0.14 1.89 0.26 8% $75,647 Total 1.84 3.44 100% $994,859 Page 187 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 8 4.2.3. Customer Distribution Factor Customer-related costs are those costs that vary depending upon the number of customers served but are unaffected by the amount or rate of consumption. These costs include billing staff, postage, and meters. Customer-related costs vary proportionally to the number of customers served by the system. This COSA used two customer distribution factors: actual customer and customer service & accounting. Actual customer costs use the actual number of accounts to distribute costs to each customer class. The customer service and accounting costs use weighting factors to reflect the varying costs associated with serving the customer classes. The YMCA is maintained at one customer for each customer distribution factor. Customer cost distribution is presented in Tables 9 and 10, for a total cost distributed to the YMCA of $61 and $124 for Actual Customer Cost and Customer Service and Accounting, respectively. Table 9: Actual Customer Cost Distribution Customer Class Number of Accounts % Total Estes Park 5,268 99.98% $319,878 YMCA 1 0.02% $61 Total 5,269 100.0% $319,999 Table 10: Customer Service and Accounting Cost Distribution Customer Class Number of Accounts Weighting Factor Weighted Customers % of Total Total Estes Park 5,268 1.0 to 2.0 5,714 99.98% $707,161 YMCA 1 1.0 1 0.02% $124 Total 5,269 5,715 100.0% $707,285 4.2.4. Revenue-Related Distribution Factor The level of the “revenue-related” costs is dependent upon the amount of revenue received by the Town. Only three costs within the Town’s budget are applicable: Payment in Lieu of Taxes (PILOT), Franchise Fees, and Transfers to the General Fund, with the latter two not applicable to the YMCA. Page 188 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 9 Estimated annual revenues for each customer class were used to develop this factor and distribute revenue-related expenses. Due to this being initiation of service for YMCA, estimated cost before revenue-related cost distribution was used as the basis for YMCA’s revenue allocation. Capacity cost distribution is presented in Table 11, for a total cost distributed to the YMCA of $1,263. Table 11: Revenue-Related Cost Distribution Customer Class Revenue % Total Estes Park 5,424,258 96.80% $38,263 YMCA 179,106 3.20% $1,263 Total 5,603,364 100.0% $39,527 4.3. Summary Cost of Service Results Based on the YMCA’s share of accounts, average annual flow requirement, peak flow demands, and total revenues, YMCA was allocated 3.42% or $180,369 of the total 2019 annual rate revenue requirement of $5.27M. A summary of distributed cost to the YMCA based on the 2019 cost basis is provided in Table 12 below. Table 12: 2019 Test Year - YMCA Cost Distribution Summary Category 2019 Test Year Cost Commodity $103,275 Capacity $75,647 Customer – Actual Customer $61 Customer – Customer Service & Accounting $124 Revenue Related $1,263 Total $180,369 5. 2021 AND 2022 RATES FOR SERVICE As part of the 2019 Rate Study, the Town established rates for the three-year period of 2020, 2021, and 2022. Corresponding to the remainder of this rate plan, 2021 and 2022 rates for the YMCA are proposed below. 5.1. Fixed and Volumetric Rate Page 189 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 10 Because YMCA’s distributed cost established as part of the COSA is based on a 2019 test year, future revenue requirements for the 2021 service initiation year were calculated based on modeled future year revenue requirements, with the 2021 annual cost of service for the YMCA established at $193,586. Based on the modeled 2022 revenue requirements, the 2022 annual cost of service was increased to $199,511. YMCA’s 2021 monthly fixed charge is proposed to be set at $653.43, which is the Town’s existing 2021 Rural Monthly Minimum for a 3” meter. For a full year of service, this would equate to $7,841 annually. The proposed 2021 volumetric rate is calculated based on total 2021 revenue requirement of $193,586 less revenue requirement generated from monthly fixed charge, divided by YMCA’s estimated water use of 50,529 kgal. (($193,586 - $7,841)/ 50,529)). This results in a 2021 volumetric rate of $3.68 per kgal. YMCA’s 2022 monthly fixed charge is proposed to be set at $718.78, which is the Town’s existing 2022 Rural Monthly Minimum for a 3” meter. For a full year of service, this would equate to $8,625 annually. The proposed 2022 volumetric rate is calculated consistent with the approach for 2021, but instead based on the total 2022 revenue requirement of $199,511 This results in a 2022 volumetric rate of $3.78 per kgal. Proposed rates for 2021 and 2022 are summarized in Table 13. Table 13: 2021 and 2022 Proposed YMCA Rates YMCA Rates 2021 Proposed Rates 2022 Proposed Rates Monthly Fixed $653.43 $718.78 Volumetric (per kgal) $3.68 $3.78 6. FUTURE RATE FOR SERVICE AND SDC CONSIDERAITONS 6.1. Future Fixed and Volumetric Rate As described herein, the Town generally sets rates on a future looking 3-year basis via a formal study of the water system revenue requirements and allocation of the revenue requirements through a COSA. It is recommended the Town continue to incorporate the YMCA into future COSA as a Wholesale Contract Customer with future rate development consistent with the methodology and approach described herein. The COSA should be recalculated considering revenue requirement changes for the town’s water system, any changes to YMCA level of service requirements, and any capital investments that directly or indirectly benefit the YMCA. In this section, statements that the Town should undertake an action, calculation, or consideration are recommendations and not meant to be binding if the Town faces changed circumstances. Page 190 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 11 6.1.1. Future Changes to Level of Service Requirements It is recommended that the Town monitor level of service demands from the YMCA established within this Study and establish triggers for the increase of these parameters within future Town rate setting efforts. If annual usage exceeds 55,000,000 on a three-year moving average or peak month average day service demands are greater than 260,000 gallons for two consecutive years, it is recommended the Town reset the base level of service Parameter values used in future cost of service analyses. 6.1.2. Future Direct Benefit Capital/Debt Service For any future Source of Supply, Treatment, or Distribution asset improvements to the Town water system that are directly sized to meet the YMCA’s level of service requirements and determined to directly benefit the YMCA, it is recommended that the Town establish an appropriate debt service or cash funded capital allocation through the standard rate setting process. Consistent with the segregation of assets outlined in Section 3, the anticipated assets that will be assigned to the direct benefit cost allocation include the all water supply, intake, transmission, treatment, and storage improvements associated with the Glacier WTP location upstream of the YMCA’s metering point. Direct capital benefits will be established based on YMCA’s ratio of Max Month Average Day, Peak Day, Peak Hour, or Peak Instantaneous demand to total infrastructure Max Month Average Day, Peak Day, Peak Hour, or Peak Instantaneous capacity requirements. Use of any respective capacity requirement criterion in the allocation of cost to the YMCA should be dependent upon the specific sizing requirements of the proposed new infrastructure and should take into consideration any mitigation strategies the YMCA may utilize to minimize their capacity demands (i.e. such as the use of on-site storage to reduce peak demands). Dependent upon the method of payment for the improvement by the Town via the use of cash or debt, it is recommended that the Town assign the direct capital benefits either annually through the YMCA rates for cash funded improvements, or annually through rates for the life of any debt service incurred. A primary example of this type of improvement is the proposed Glacier WTP construction that is anticipated to occur within the next 7-years. As currently proposed, the Glacier WTP construction is anticipated to be allocated to the YMCA using the ratio of YMCA’s established peak day demand requirement of 0.26 MGD (represented as Max Month/Average Day demand in recognition of YMCA storage operations) over total proposed facility peak day capacity of 6.0 MGD, for a resulting recommended YMCA share of 4.36%. It should be noted that this value can change with any changes to YMCA’s Peak Month/Average Day demand as indicated in section 6.1.1. YMCA Peak Demand Requirement Town Peak Capacity Requirement = YMCA Direct Capital Allocation % Page 191 Town of Estes Park: Water Service to YMCA - Cost of Service & Rate Design Study 12 6.1.3. Future Indirect Benefit Capital/Debt Service It is recommended that the YMCA be assigned any future debt service-related revenue requirements and/or cash funded capital associated with asset improvements to Distribution, Administration and General that are determined to have an indirect benefit to the YMCA. Consistent with the Cost Allocation approach outlined in Section 4 for Indirect Capital costs represented in Table 6, it is recommended this assignment be based upon a COSA weighting of the YMCA’s number of accounts, consumption, and capacity requirements in proportion to total system values for each. Examples of asset improvements with indirect benefits to the YMCA include items such as general fleet, system-wide instrumentation and controls, software upgrades, or any other improvement with system wide service benefits. 6.2. Future SDCs As described herein, the Town recurringly establishes SDCs via a formal study. It is recommended the Town continue to monitor YMCA level of service requirements within future SDC analyses. If peak month average day service demands are greater than 260,000 gallons per day for two consecutive years, the Town should consider the requirement of additional SDC payment for all incremental capacity needs above 260,000 gallons per day based on incremental ERU requirements as calculated by the then current SDC study on a non-segregated basis. If annual usage exceeds 55,000 kgal on a three-year moving average for two consecutive years, the Town should consider the requirement of additional water rights or water rights fees, as calculated by the then current SDC study, for needs above 55,000 kgal. Page 192 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: June 22, 2021 RE: Resolution 55-21 Authorizing the Formation of an Ad-Hoc Task Force to Evaluate the Town’s Role in Environmental Sustainability. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: Consideration of Resolution 55-21 forming an Environmental Sustainability Ad-Hoc Task Force. Present Situation: The Town Board’s 2021 Strategic Plan includes an objective to “[e]xamine possibility of creating an Environmental Sustainability Advisory Board.” At its April 13th meeting, the Board determined that it would instead like to create a time-and-task-limited ad-hoc task force. Feedback from the Board indicated that the task force should be focused on evaluating the Town’s role in environmental sustainability initiatives and making recommendations for action. Proposal: Resolution 55-21 authorizes the formation of an ad-hoc task force to evaluate the Town’s role in environmental sustainability initiatives. The Environmental Sustainability Task Force (ESTF) would be composed of members of the public appointed by the Town Board and would be supported by Assistant Town Administrator Damweber as the staff liaison. The scope of this task force would be limited to evaluating the Town’s role in environmental sustainability initiatives and developing recommendations for the Board on strategies and tactics the Town could use to advance environmental sustainability. Each of these recommendations would be accompanied by a proposed timeline for implementation. Staff has left the scope – “environmental sustainability initiatives” – intentionally broad so as to not unintentionally cut off any valuable paths of evaluation and inquiry. In order to ensure that this work is completed in a timely manner, staff has proposed a January 31, 2022 deadline for delivery of the recommendations to the Town Board and Town Administrator. Page 193 Advantages: •Provides a formal structure to explore, evaluate, and make recommendations regarding the Town’s role in environmental sustainability initiatives. Disadvantages: •Town resources dedicated to this project will be unavailable for other projects. However, this is a Town Board priority and the staff resourcing is necessary to ensure the task force receives the support it needs. Action Recommended: Staff recommends the Town Board approve Resolution 55-21. Finance/Resource Impact: No direct financial impact anticipated at this time. Staff time is the most significant resource impact. Level of Public Interest High. The Board has received interest from a significant number of residents regarding the Town’s role in environmental sustainability initiatives. Sample Motion: I move to approve/deny Resolution 55-21. Attachments: 1. Resolution 55-21 Page 194 RESOLUTION 55-21 A RESOLUTION AUTHORIZING THE FORMATION OF AN AD-HOC TASK FORCE TO EVALUATE THE TOWN’S ROLE IN ENVIRONMENTAL SUSTAINABILITY WHEREAS, the Town Board has established Public Safety, Health, and Environment as one of its eight outcome areas in the 2021 Strategic Plan; and WHEREAS, the Town Board is committed to promoting policies that encourage environmental stewardship; and WHEREAS, the Town Board is committed to making data-driven decisions to improve and protect the quality of the environment in the Town; and WHEREAS, the Town Board is committed to evaluating ways that the Town can advance the cause of environmental sustainability and has requested a more detailed exploration and evaluation of options for Town involvement in environmental sustainability initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Environmental Sustainability Task Force is hereby established as an ad-hoc task force under Town Policy 102, to develop recommendations for the Town Board concerning the Town’s role in environmental sustainability initiatives. Section 2: The members of this task force will be appointed by the Town Board after an application and interview process. Section 3: The scope of this task force will be limited to developing recommendations for the Town Board of Trustees on strategies and tactics to advance environmental sustainability. Recommended strategies and tactics shall be assigned a proposed timeline for implementation. Section 4: Task force recommendations shall be submitted to the Town Board and the Town Administrator no later than January 31, 2022. Page 195 DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 196 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 22, 2021 RE: Interview Committee for the Local Marketing District (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 Local Marketing District (LMD) Board. Present Situation: The LMD Board consists of seven community members, five of which are appointed by the Town Board. The LMD Board currently has one vacancy for a term expiring December 31, 2023. The Town Clerk’s Office has advertised the opening and currently is currently accepting applications through June 25, 2021. 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 LMD 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 197 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Local Marketing District interview panel. Attachments: None. Page 198 TOWN BOARD MEETING June 22, 2021 Report & Discussion Item 1. Trustee Talks and Mayor Meetings. No Packet material will be provided for this item. Page 199 Page 200