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